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HomeMy WebLinkAbout2020-06-24 Conservation Commission Minutes Page 1 of 6 Approved 712212020 North Andover Conservation Commission Meeting Minutes June 24,2020 Members Present: The following identified themselves as present on the call: John T. Mahon, Joseph W. Lynch,Albert P. Manzi, Jr.,Vice Chairman, Deborah A. Feltovic, Sean F. McDonough and Louis A.Napoli, Chairman Members Absent: Douglas W. Saal Staff Members Present: The following identified themselves as present on the call: Amy Maxner, Conservation Administrator Meeting came to Order at: 7:00 p.m. Quorum Present. The Administrator Amy Maxner reads the following statement: Pursuant to Governor Baker's March 12,2020 Order Suspending Certain Provisions of the Open Meeting Law, G.L. c. 30A, §18, and the Governor's March 15, 2020 Order imposing strict limitations on the number of people that may gather in one place,this meeting of the North Andover Conservation Commission is being conducted via remote participation to the greatest extent possible. Specific information and general guidelines for the remote participation by members of the public and or parties' with a right and or requirement to attend this meeting can be found on the town's website at www.northandoverma. ov. For this meeting members of the public who wish to watch the meeting may do so on their televisions by tuning to the Comcast Channel 8 or TVerizon Channel 26 or online at www.northandovercam.or .No in person attendance of members of the public will be permitted, but every effort will be made to ensure that the public can adequately access the proceedings in real time via technological means.In the event that we are unable to do so despite best efforts we will post on the Town of North Andover website an audio,recording or transcript or other comprehensive record of the proceedings as soon as possible after the meeting.If the public would like to participate in the public hearing please email your questions or comments prior to or during the meeting to the Conservation Administrator,Amy Maxner at amaxnert'a) orthandoverma Gov. The question or comment will be read during the proceedings and responded to accordingly. Acceptance of Minutes • A motion to accept the minutes of the May 27, 2020&June 10, 2020 as reviewed and amended is made by Mrs. Feltovic, seconded by Mr. Mahon. • Vote 6-0, Unanimous. Certificate of Compliance& Minor Modification 242-1738,332 Hillside Road (Calderazzo) • The Administrator provides background on the OOC for the construction of a two-car garage with master suite addition to an existing single-family home. Two minor changes were made to the plans and were approved administratively. Special conditions included removal of dumped yard waste and brush from within the Resource Area. Monumentation with posts and markers between WF A11 and A13. Planting of 6 native shrubs between WF A11 and A13 and monitored for 1-year. A site inspection was performed, and the required plantings were not installed. Per the applicant the shrubs were not planted because the area has been taken over by invasive vines. The Administrator recommended the homeowner request to modify that condition and discuss this with the Commission. • Peter Calderazzo the homeowner expresses concerns that the shrubs will be taken over by the invasives. He proposes to stop mowing allowing the natural vegetation to take over up to the boundary. • The Commission discusses the request. 2020-06-24 Conservation Commission Minutes Page 2 of 6 Approved 712212020 • Mr. Lynch does not believe it makes sense to install the plantings if they will be taken over by the vines. • Mr. Manzi requests the applicant engage in a maintenance plan to eliminate the invasive vines. • Commissioners Manzi and Feltovic would like the plantings installed in the location per the OOC. • Mr. McDonough confirms that the driveway is outside the 50-foot NBZ and 25-foot NDZ. • The Administrator states only a tiny sliver of the driveway inside the 100-Buffer Zone. • Mr. Calderazzo agrees to install the plantings in the location per the OOC and eliminate the invasive vines from the large trees. He requests a planting list be provided. • The Commission agrees the applicant will need to withdraw the request for COC until the plantings are stable and have been monitored for 1-year. • Mr. Calderazzo withdraws his request for COC. • A motion to accept the applicants request to withdraw the Certificate of Compliance is made by Mr. Mahon, seconded by Mrs. Feltovic. • Vote 6-0, Unanimous. Documents 332 Hillside Road PHOTOS 06-22-20, coc w plan, request minormod plantings Request for Determination of Applicability 40 Ridge Way(Chicoyne) • The Administrator provides some background history on past projects. She states the applicant is proposing the construction of an in-ground pool, spa,with surrounding patio, retaining wall and landscaping. All features are outside the 50-foot NBZ. The retaining wall is located at the edge of the 50- foot NBZ. Grading has been proposed to match the 340 contour throughout the surface of the pool patio. This will result in a 2-3-foot grading, requiring the need for the retaining wall. The plan depicts construction access and stockpile area. Erosion controls are proposed along the 50-foot NBZ;however, this may limit construction equipment's ability to maneuver. • Mr.Napoli states the filing was completed without the oversight of the Administrator. He believes the project would be better suited as an NOI. • Mr. Mahon requests the pool discharge location be located outside the 100-foot Buffer Zone and a detail be added to the plan for the retaining wall. • Dennis Griecci,Andover Consultants presents on behalf of the applicant. He states he spoke with the Administrator regarding the proposal but admits he may not have conveyed the full extent of the project. They hoped the RDA would be approved, allowing them to complete the project and stabilize the yard before winter. • The Commission agrees the proposal requires a Notice of Intent to be filed. The Commission requests elevation is added to the plans. • Mr. Griecci withdraws the Request for Determination of Applicability. A NOI will be filed per the Commission request. • A motion to accept the consultants request to withdraw the Request for Determination of Applicability is made by Mr. Lynch, seconded by Mr. Manzi. • Vote 6-0, Unanimous. Documents 40 Ridge Way PHOTOS 06-22-20, 40 Ridge Way NACC filing fee check, 2020-06-11 NACC submittal cover letter, Legal Notice 0615 20-Public Notice, Legal Notice 0615 20- Tribune, North Andover 40 Ridge Way RDA Compiled, North Andover 40 Ridge Way site plan pool, North Andover 40 Ridge Way_wpaforml 502 Winter Street (Koch &Niemeier) • The Administrator states the applicant is seeking to install a backyard paver patio low landscape wall with granite steps with associated landscaping.No waivers were requested from the 25-foot NDZ or 50-foot NBZ. They propose to remove a forsythia hedge and two failing maple trees and replace with other native 2020-06-24 Conservation Commission Minutes Page 3 of 6 Approved 712212020 plant materials. Plantings are all outside the 25-foot NDZ, native within 50-foot of the wetland and non- invasive ornamental beyond the 50-foot in the landscape beds. A gate will be installed in the rear section of the fence to access the plantings and bird feeders. The plan depicts construction access and stockpile area off the end of the driveway.Wetland flags are to remain in place during construction. The wetland delineation has been updated from the As-built Plan in 2010. A site visit was performed, and the wetland line was found to be reasonable and there are no violations present. • The Administrator reads an email from Lee and Bonnie Wilkinson, 41 Bruin Hill expressing several concerns including someone signing the certified mail on their behalf, other required wetland markings on adjacent properties,past violations by neighbors in the area, and allowing further alteration within the Buffer Zone and the proposed a gate in the fence at this particular property possibly allowing for further wetland violations. • The Commission does not believe it is fair to punish the applicant for the wrongdoings of other homeowners with regard to the proposed fence gate. • Mr. Lynch states the meeting notice was made publicly to reach the abutters as required. • Mr. Mahon, Mr.Napoli and Mrs. Feltovic believe the gate should be allowed Mr. Manzi remains neutral. • Mr. McDonough would like to know if it is vegetated up to the 25-foot NDZ and if wetland markers are present. • The Administrator states it is vegetated up to the 25-foot NDZ,no wetland markers are present. • Mr. McDonough feels the gate should be allowed if posts and wetland markers are installed at the 25-foot NDZ. • A motion to issue a Negative Determination 43 as recommended(pre-construction erosion control inspection,posts and wetland marker installation,and post-construction site inspection) is made by Mrs. Feltovic, seconded by Mr. Mahon • Vote 6-0, Unanimous. Documents Legal Notice 0615 20-Public Notice, Legal Notice 0615 20- Tribune, RDA -502 Wlnter Street- Abutter Notification Form-Remote Meeting, RDA -502 Winter Street-Abutter Notification White Slips, RDA -502 Winter Street-Application Checklist, RDA -502 Winter Street-Certified List of Abutters, RDA -502 Winter Street-Details Plan, RDA -502 Winter Street-E&S Plan and Construction Sequence, RDA -502 Winter Street-Fee Calculation Work-sheet, RDA-502 Winter Street-Filing Fee Check Copy, RDA -502 Winter Street-Hardscape Plan, RDA -502 Winter Street-Planting Plan, RDA - 502 Winter Street-Project Narrative, RDA -502 Winter Street-Site Plan with Wetland Delineation, RDA -502 Winter Street- USGS Quad, RDA -502 Winter Street- WPA Form 1, 502 Winter Photos 06- 24-20, Town ofNorth Andover Mail- Conservation Meeting regarding property at 502 Winter St Notice of Intent (NOI) 242-1787, 135,North Ramp Road (Positive Star Realty,DeRosa) • The Administrator states the applicant has requested a continuance. • A motion to continue to July 22, 2020 is made by Mr. Lynch, seconded by Mrs. Feltovic. • Vote 6-0, Unanimous. Documents Email from dcowell&hancockassociates.com requesting a continuance until 7122120 Minor Modification 242-1692, 1210 Osgood Street (Princeton Development) • Mr.Napoli recuses himself from the discussion due to a conflict of interest, Mr. Manzi steps in as Chair. • The Administrator states the applicant is seeking to reduce the size of the temporary sediment basin to allow for utility installation. Reduction calculations are based upon the footprint of Buildings 2, 3 and 4. The foundation footings and walls will behave like detention basins with pervious floors. Site visits were conducted,and the basin is functioning properly. The Erosion Control Monitor performs weekly 2020-06-24 Conservation Commission Minutes Page 4 of 6 Approved 712212020 inspection,no issues have been reported. Monitoring reports of the sediment basin and frac tank have been received. These reports were reviewed by GEI with no concerns or comments. A request for updated monitoring data was submitted. Due to the recent dry conditions, data may not be available. • Mr. Mahon would like to know if the applicant is also seeking a reduction in the permanent detention basin. • Robert DiBenedetto,Hancock Associates presents on behalf of the applicant. Currently,they are seeking to reduce the size of the temporary detention basin due to the fact that they are removing the building footprints from the calculated area. He describes how they propose to use the foundation footings and walls from buildings 2, 3 and 4 to behave as detention basins with pervious floors. There will be no reduction in the temporary detention basin until the walls have been poured for all three buildings. Once the Environmental Control Monitor confirms the completion with the Administrator the grading changes will be made to the sediment basin. • Mr. Lynch expresses concerns with problematic structural issues and requests the proposal be signed off by a structural engineer. He would like them to demonstrate that volume of water can be contained within the foundation envelope. • Mr. DiBenedetto states they will look into having some structural components to verify that the water can be contained. • Mr. Manzi agrees with Commissioner Lynch's assessment. He questions if the applicant would have a third-parry render an opinion. • Mr. DiBenedetto agrees to a third-party review. • Mr. Lynch clarifies the applicant will need a determination that the foundation is adequate for storage volume and vulnerability of where water would be discharged from the foundation and how they will control the water. A formal document is required to be submitted from the applicant's engineer. • A motion to continue to July 22, 2020 is made by Mrs. Feltovic, seconded by Mr. Lynch. • Vote 5-1-0, (In Favor: Mahon, Lynch,Manzi,Feltovic, McDonough, Recused: Napoli). Documents 22448PP Sediment Basin Reduction Drawing, 22448 Minor Mod letter- basin reduction revised, 22448 Minor Mod letter-basin reduction revised General/New/Old Business 300 Abbott Street, Sargent School (North Andover DPW) • The Administrator states the current system consists of manholes and perforated pipe which are clogged. In some spots the current pipe is kissing the wetland line. They propose to replace the existing perforated pipe with a Stormtech infiltration chamber, install additional upgradient manholes for earlier access to inspect and clean, add screens at inlets on roof. Excavation for new chambers in some spots will probably be into the wetland. All of this is within the 25-foot NDZ which is currently being mowed as lawn. Per the Administrators recommendation the applicant started to prepare a long-term O&M for stormwater devices on site. The Department of Public Works is looking for either an Emergency Certification or Enforcement Order to allow work to proceed during the currently dry time. • Mr. Mahon would like to know if there is a way to improve the impact to the wetlands. He requests more detail on the proposed O&M Plan. • Mr. Lynch states he visited the site and agrees the proposed work is necessary. He believes this would be the right time to conduct the work. A COC was never issued so it is unknown if the project was built in accordance with the permitted plan. He expresses concerns if the pipe is kissing the wetland it is not possible to maintain a 2-foot separation to groundwater. He would like to know if it can be moved upgradient. • Mr. Manzi believes an Emergency Certification should be issued which will allow some improvements and repairs to be made. 2020-06-24 Conservation Commission Minutes Page 5 of 6 Approved 712212020 • Stephen Foster, Facilities Director states the chambers will be approximately 3-feet deep as indicated in the cross-section detail. • Mr.Napoli feels that at this depth the infiltration chambers will be in the water table rendering them useless. • Mr. Foster states he was not aware there was an outstanding COC for the Sargent School,he intends on looking into this. • Mr. Lynch states they will need to do test pits to determine the water table where the work is proposed. • The Commission discusses how to proceed with the request. The Commission agrees that an Enforcement Order needs to be issued requiring the roof drain collection and infiltration system be repaired. The EO will allow the test pits to be conducted to determine the groundwater elevation. The trenches must maintain 2-foot separation from groundwater from the bottom of stone of the newly proposed Stormtech trenches.Work may continue after erosion controls are installed and reviewed by Conservation Staff. If the groundwater table separation cannot be achieved the request will require further review by the NACC. The EO will be valid for 90 days from date of issuance. • A motion to issue an Enforcement Order as proposed is made by Mr. Lynch, seconded by Mr. Mahon. • Vote 6-0, Unanimous. Documents Sargent School Photos, Sargent School RooflnfiltrationModification Request Decisions 242-1784,Barker Street Culvert Replacement (North Andover DPW) • The Administrator reviews the drafted Order of Conditions with the Commission. • The Commission discusses Condition 437, requiring atomization to prevent scouring of the wetland resources from bypass and dewatering pumping. This will be required in the bid specifications and reviewed prior to construction in the field. The discharge of water must be broadcast over a wide area to minimize erosion.No point discharge will be permitted. The project will require a cash wetland protection bond set in the amount of$20,000.00 to be posted by the bid winner. Condition 443 allows the erosion controls to be left up to the discretion of the Administrator. Additional verbiage is required to speak to the installation and removal of the cofferdam. The proposed wetland replication shall be installed after major earth work. Condition 476 requires signage be posted 300-feet on either end of the culvert stating, "No Salt Zone". • A motion to approve the Order of Conditions as amended is made by Mr. Manzi, seconded by Mrs. Feltovic. • Vote 6-0, Unanimous. 242-1786,410 Summer Street(Loughran) • The Administrator reviews the drafted Order of Conditions with the Commission. • The Commission discusses Condition 431,which speaks to limited project for the future. The bond will be set in the amount of$2,000.00. A plant list is required to be submitted for approval by the Administrator.Wording for Condition 471 must read "100-foot Buffer Zone". • A motion to approve the Order of Conditions as amended is made by Mr. Manzi, seconded by Mrs. Feltovic. • Vote 6-0, Unanimous. Signature Authorization- Permits Issued at the 6/10/2020 Meeting • The Administrator states a vote needs to be taken authorizing her to sign decisions,permits and forms on behalf of the Commission for the following; 2020-06-24 Conservation Commission Minutes Page 6 of 6 Approved 712212020 o Minor Modification for 404 Summer Street, Certificate of Compliance for 130 Rea Street, Determination of Applicability for 34 Thistle Road, 30 Tanglewood Lane and Mill Pond Condominiums. • A motion to allow the Administrator to sign the permits as proposed is made by Mr. Manzi, seconded by Mrs. Feltovic. • Vote 6-0, Unanimous. • Mr.Napoli recuses himself from the discussion due to a conflict of interest, Mr. Manzi steps in as Chair. • The Administrator states a vote needs to be taken authorizing her to sign decisions,permits and forms on behalf of the Commission for the following; o Minor Modification for 1210 Osgood Street • A motion to allow the Administrator to sign the permits as proposed is made by Mr. Manzi, seconded by Mrs. Feltovic. • Vote 5-1-0, (In Favor: Mahon, Lynch,Manzi,Feltovic, McDonough, Recused: Napoli). Signature Authorization-Permits/Decisions Issued at the 6/24/20 Meeting • The Administrator states a vote needs to be taken authorizing her to sign decisions,permits and forms on behalf of the Commission for the following; o Determination of Applicability for 502 Winter Street, Enforcement Order for Sargent School, Decisions for Barker Street Culvert Replacement and 410 Summer Street. • A motion to allow the Administrator to sign the permits as proposed is made by Mr. Lynch, seconded by Mrs. Feltovic. • Vote 6-0, Unanimous. Adjournment • A motion to adjourn at 9:39 p.m. is made by Mr. Lynch, seconded by Mrs. Feltovic. • Vote 6-0 Unanimous. 2020-06-24 Conservation Commission Minutes