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HomeMy WebLinkAbout2020-10-14 Conservation Commission Minutes Page 1 of 8 Approved 10/28/2020 North Andover Conservation Commission Meeting Minutes October 14, 2020 Members Present: The following identified themselves as present on the call: Joseph W. Lynch, Albert P. Manzi, Jr., Vice Chairman, Louis A. Napoli, Chairman, John T. Mabon and Sean F. McDonough 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: 7:02 p.m. Quorum Present. The Administrator, Amy Maxner reads the following statement: of people that may gather in one place, this meeting of the North Andover Conservation Commission will be conducted via remote participation to the greatest extent possible. Specific information and the general guidelines for remote participation by members of the public and/or parties with a right and/or requirement members of the public who wish to watch the meeting may do so on their televisions by tuning to Comcast Channel 8 or Verizon Channel 26 or online at www.northandovercam.org. 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 or video recording, transcript, or other comprehensive recording of the proceedings as soon as possible after the meeting. If the public would like to participate in public hearings please email your question/comment prior to or during the meeting to amaxner@northandoverma.gov. The question/comment will be read during the proceedings and responded to accordingly. Acceptance of Minutes A motion to accept the minutes of the September 9, 2020 is made by Mr. Napoli, seconded by Mr. Lynch. Vote 5-0, Unanimous. A motion to accept the minutes of the September 23, 2020 is made by Mr. Mabon, seconded by Mr. Lynch. Vote 5-0, Unanimous. Small Project NACC #263, 155 Boston Street (Allen) The Administrator states the filing is for the replacement of an existing deck within the same footprint. The deck is 76-feet from the edge of BVW at its closest point. The condition of the existing footings is unknown, and their replacement will be determined once demolition has been completed. The Administrator recommends approval of the project as a Category "B" requiring the Conservation Department be contacted once deck demo is completed and footings are under evaluation to verify whether they will be replaced. If replacement is required, means of methods of footing installation shall be reviewed. Erosion controls may be required once the condition of the footings is known. A post- construction site inspection to is required to verify final as-built conditions. Martin Allen, the homeowner, is present for questions. A motion to accept this as a Small Project B is made by Mr. McDonough, seconded by Mr. Lynch. Vote 5-0, Unanimous. 2020-10-14 Conservation Commission Minutes Page 2 of 8 Approved 10/28/2020 A motion to approve the Small Project as proposed with conditions as recommended is made by Mr. McDonough, seconded by Mr. Lynch. Vote 5-0, Unanimous. Documents Check - Small Project Fee, Small Project Permit Application package NACC #264, 684 Salem Street (Quinn) The Administrator states the filing is for the replacement of an existing deck which is 83-feet from the edge of BVW based on-site observations and measurements. Footings are discussed in the contractor's proposal and replacements, if needed, will be either Helical Piles or 12" diameter concrete footings. The topography of the land is flat. The Administrator recommends approval of the project as a Category "B'' requiring the Conservation Department be notified if concrete footings are to be utilized so they may specify erosion control requirements to the contractor. A post-construction site inspection is required to verify compliance. A motion to accept this as a Small Project B is made by Mr. McDonough, seconded by Mr. Lynch. Vote 5-0, Unanimous. A motion to approve the Small Project as proposedwith conditions as recommended is made by Mr. McDonough, seconded by Mr. Lynch. Vote 5-0, Unanimous. Documents 684 Salem - Small Project Permit NACC #265, 226 Abbott Street (Reich) The Administrator states the filing is for the demolition of the front steps and landing and construction of a new landing and steps with a portico roof. The measurements of landing including the steps is 8' x 6'.4". A small piece of equipment will be required to demolish the existing concrete landing and stairs. The portico will be approximately 91-feet from the edge of the wetland based on site observations and measurements in the field. The work is separated from the wetland by an area of lawn, landscaping and driveway. The Administrator recommends approval of the project as a Category "L'' requiring a staked straw wattle to be installed at the upgradient side of the driveway prior to the start of work. The erosion controls are to be inspected by Conservation staff the same day. A post-construction site inspection to verify compliance is required. A motion to accept this as a Small Project L is made by Mr. McDonough, seconded by Mr. Lynch. Vote 5-0, Unanimous. A motion to approve the Small Project as proposedwith conditions as recommended is made by Mr. McDonough, seconded by Mr. Lynch. Vote 5-0, Unanimous. Documents 226 Abbot Street Drawings, CONCOM Portico, Scan Request for Determination of Applicability The Administrator provides background information on the proposal. A revised plan and follow up correspondence was received. They propose to eliminate 320-s.f. from the proposed footprint of the gravel extension next to the existing dwelling and restore this area to lawn. The correspondence discusses site constraints and rationale for keeping the rest of the gravel driveway extension as proposed, and reviews the interests protected by the Bylaw. The Administrator spoke with the Town Engineer regarding the catch basin at the street end of the driveway. He stated this is a town structure that is not routinely maintained. An email was received from the consultant verifying the distance from the proposed gravel 2020-10-14 Conservation Commission Minutes Page 3 of 8 Approved 10/28/2020 driveway to the catch basin. The homeowner currently maintains the street catch basin and will continue to do so. Mr. McDonough would like to know if the regulations reference the type of driveway. The Administrator reads Section 1.3 of the regulations regarding the 50-foot NBZ. The Commission discusses the proposed alternative and whether a waiver can be granted under an RDA. Maureen Herald, Norse Environmental states she believed the gravel extension is a benefit as it will create infiltration for the existing driveway. Patrick McLean, 190 Mill Road explains the reason for the extension to the driveway. Mr. Mabon suggests reconfiguring the parking layout to maintain the same amount of parking space. Mr. McLean states that he would be agreeable to the suggestion. The Commission agrees for the RDA to stay with the guidelines the gravel driveway will need to be tapered starting at WF 5A and conclude at the existing driveway opposite to WF 3A. They agree the parking space originally proposed next to the house may be added back to the proposal. The new parking layout prevents a waiver from being required as the alternatives analysis has been met. The NACC requests a revised plan depicting the changes for the next meeting. Ms. Herald requests a continuance to the next meeting. A motion to continue to October 28, 2020 is made by Mr. Manzi, seconded by Mr. Lynch. Vote 5-0, Unanimous. Documents 9-23-2020 Meeting Materials, Erosion control from Mill Rd catch basin, Norse 10-7-20 Submittal Letter, Revised Plan, sediment catch basin, Video Cyr Recycling Boardwalk (FONAT) The Administrator states the filing is for a proposed boardwalk within a section of the Bay Circuit trail located behind Cyr Recycling center and Berry Street soccer fields. Currently the trail passes through the wetland, lead-ins on the other side are in the Buffer Zone. The area on either side becomes boggy during wet weather and trail users attempt to bypass these wet areas by walking on top of the narrow stone wall or other upland side of the trail. The Administrator states this is dangerous and resulting in more impact to the surrounding landscape. The applicant is proposing to construct a 150-foot long by 36-inch wide boardwalk elevated at least 18-inches over BVW, to be supported by swamp pans. If necessary, they will construct 16-foot lead-in sections in the Buffer Zone to be supported by sleepers. All of the materials will be either pre-cut or cut outside the Buffer Zone. The Administrator recommends issuing a Negative #3 and #2, requiring the applicant to notify the Conservation Department prior to the start of work. All work is to be conducted using hand tools and equipment in accordance with the work description referenced. There is to be no cutting of wood within the wetland resource area or Buffer Zone. All excess material shall be removed from the site and disposed of properly. Upon completion, the Conservation Department is to be contacted to conduct a final site inspection. Mr. Lynch confirms that no cutting will not impact the applicant's ability to undertake the project. James Murphy, FONAT states they would prefer to cut the materials offsite. He states that if they need to cut something on site, they can do it outside the Buffer Zone. Mr. Manzi confirms they are not proposing to modify the stonewall depicted in the photos. He would like to know what type of wood they propose to construct the boardwalk. Mr. Murphy states their plans do not include altering the stonewall in anyway. The boardwalk will be constructed of pressure treated wood. The Commission discusses the use of pressure treated wood and agrees to the use of non-arsenic wood. Mr. Lynch would like to know what elevation the boardwalk will be at to ensure it does not dislodge. Mr. Murphy states typically 2-3 feet from the lowest point, the posts that sit in the swamp pans will be wrapped in fencing to try and prevent beaver activity. A motion to issue a Negative #3 and #2 with conditions as discussed is made by Mr. Lynch, seconded by Mr. Mabon. 2020-10-14 Conservation Commission Minutes Page 4 of 8 Approved 10/28/2020 Vote 5-0, Unanimous. Documents Abutters Notification CYR Project, Cyr Recycling Boardwalk - Legal Notice 10 07 20 - Public Notice, Cyr Recycling Boardwalk - Legal Notice 10 07 20 - Tribune, FONAT_Cyr Recycling Trail_RDA_9.29.20 1592 Salem Street (Hopkins) The Administrator states the project involves the demolition and removal of a deck and patio and proposed construction of a garage addition, attached breezeway and rear deck. The deck will receive crushed stone underneath. The proposed driveway addition will square off the entrance to the new garage. A portion of the asphalt is within the outer limits of Buffer Zone with the remainder outside the Buffer Zone. All of the proposed work is outside the 50-foot NBZ. The closest point of work is approximately 61-feet from the BVW. A stone infiltration trench is proposed to capture a portion of the new roof runoff from the garage and breezeway. The construction access and stockpile area are depicted on the plan, outside the 100-foot Buffer Zone. The wetland was delineated and found to be reasonable. The excavation for the foundation is estimated by the consultant to last one day, materials will be removed from the site or stockpiled outside the Buffer Zone. The site is flat with work to be completed within the existing lawn. There is an existing shed in 50-foot NBZ, historic aerials were researched by the consultant. The shed is clearly depicted in a 1978 aerial which pre-dates the regulations. No other outstanding issues or violations were observed on the site. The Commission expresses concerns with the scale of the proposed project and directs the Administrator to reject applications that push the limits of the application going forward. The Administrator states she asked to review the plans prior to submission but the consultant insisted on filing an RDA vs NOI. She states she understands the Commission stance and will try to communicate this to consultants going forward. A motion to issue Positive #3 is made by Mr. Manzi, seconded by Mr. Lynch. Vote 5-0, Unanimous. Documents 1592 Salem Street - Legal Notice 10 07 20 - Public Notice, 1592 Salem Street - Legal Notice 10 07 20 - Tribune, RDA-1592SalemStreet-Application, RDA-1592SalemStreet-ProposedSitePlan.10.13.20, RDA- 1592SalemStreet-ProposedSitePlan, RDA-1592SalemStreet-Revised Paperwork Notice of Intent (NOI) 242-1792, 137, 113-115 Andover Street, Stevens Coolidge Place (TTOR) The Administrator states the applicant provided comprehensive supplemental information and has responded to the Commission's questions. The pond enhancement project decreases runoff to the Old Village Lane neighborhood by 22,877 cubic feet. Test pits were performed along the discharge trench route and the seasonal groundwater table is between 24-29 inches below grade. Per the project engineer the bottom of the trench will be above these elevations. The dewatering detail and location has been shown on the plan and is outside the Buffer Zone. The compost area is more formally depicted on the plan and the greenhouse pump discharge is groundwater. A Wildlife Habitat Survey was completed and the IVW enhancement will increase and improve habitat functions. The invasive species is thoroughly documented, and O&M for their management is included. An expanded alternatives analysis has been provided. A letter from TTOR was received explaining their intention for increased ecological education opportunities. Dewatering BMPs must be set up on site prior to construction and the plan updated to provide construction access and stockpile locations. A motion to close and issue in 21 days is made by Mr. Manzi, seconded by Mr. Lynch. Vote 5-0, Unanimous. Documents 8-12-2020 Meeting Materials, 8-26-2020 Meeting Materials, FINAL Trustees_137 Andover_Response to Commission Comments_Compiled_09282020, NACC Ltr, Site Plan Rev 10.5.2020 2020-10-14 Conservation Commission Minutes Page 5 of 8 Approved 10/28/2020 242-1794, 335 Willow Street (Muffin 3X, LLC) The Administrator provides background on the proposal. She states the Planning Board closed at their last hearing and issued an approval decision. A motion to close and issue in 21 days is made by Mr. Lynch, seconded by Mr. Mabon. Vote 5-0, Unanimous. Documents 8-12-2020 Meeting Materials, 9-23-2020 Meeting Materials 242-1795, 597 Foster Street (Bradstreet) The Administrator states she re-visited the site and reviewed the surveyed wetland stakes vs. flag adjustments made at the first site visit. The revised plan accurately reflects the wetland line based on site observations and soil samples. After conducting further research, the Administrator states there are no vernal pools within the project vicinity. Historic aerial photos were provided showing the barn being present in 1971, pre-dating the WPA and Bylaw. The applicant believes removal of the concrete pad will result in more impact to the wetland than leaving it in place and is asking it to be allowed to remain. The relocated driveway will have a slightly smaller footprint and will be equipped with a stone infiltration trench, within the 50-foot NBZ. The proposed rear patio materials have been changed to dry-laid pavers so that porosity and infiltration will be maintained. A portion of the patio footprint is currently asphalt that wraps around the house within the 50-foot NBZ. Wetland restoration has been proposed for approximately 1,583-s.f. in an area that is currently and historically maintained as lawn as mitigation for driveway and patio. This area will be replanted with native trees and shrubs and allowed to revert to a natural state. The local regulations allow for driveways to be located within the 50-foot NBZ when no other alternatives are identified. The site is highly constrained by the wetlands and feasible septic system locations. Maureen Herald, Norse Environmental states the retaining wall is necessary for the installation of the raised septic system. The Commission discusses the waiver requests for the concrete pad, patio/walkway, retaining wall and driveway. They agree the concrete pad does not require a waiver and will be allowed to remain as it predates the WPA and Bylaw. The driveway does not require a waiver per the regulations as there is no other feasible location. A waiver will be required for the retaining wall and patio. Jody Bradstreet, the homeowner states the area where the patio will be extended to is the current location of the existing septic system which is proposed to be removed. Ms. Herald states they are looking to extend the patio by approximately 70-s.f. The Commission agrees there is a net gain to having a porous patio. A motion to approve the waiver for the retaining wall is made by Mr. Mabon, seconded by Mr. Manzi. Vote 5-0, Unanimous. A motion to approve the waiver for the patio is made by Mr. Lynch, seconded by Mr. Mabon. Vote 5-0, Unanimous. A motion to close and issue in 21 days is made by Mr. Manzi, seconded by Mr. Lynch. Vote 5-0, Unanimous. Documents 9-9-2020 Meeting Materials, 9-23-2020 Meeting Materials, 1971 Historical Aerial, Aerial 4-1995, Aerial 4-2005, Aerial 6-2019, Barn Floor Photo #2, Barn Floor Photo, Barn Photo #2, Barn Photo, Correspondence Letter 10 05 20, Deborah G. Moore - Affidavit, House & Barn Measurement, Jody Parisi Bradstreet Affidavit, NOI Plans Revision 10.5.2020, Norse Submittal Letter Amendments 242-1766, 1600 Osgood Street (Hillwood Enterprises, LP) The Administrator states the Planning Board closed at their last hearing and issued an approval decision. A response letter was received from the peer reviewer addressing the Commission's questions with regard 2020-10-14 Conservation Commission Minutes Page 6 of 8 Approved 10/28/2020 to stormwater management. An updated letter was received from the abutter stating they are satisfied with the proposal and are making no other requests for review or information. A motion to accept/approve the Amendment to the Order of Conditions is made by Mr. Mabon, seconded by Mr. Lynch. Vote 5-0, Unanimous. A motion to close the public hearing is made by Mr. Lynch, seconded by Mr. Mabon. Vote 5-0, Unanimous. Documents 9-9-2020 Meeting Materials, 9-23-2020 Meeting Materials, 201013_N Andover CC_1600 Osgood St Certificate of Compliance 242-1751, COC Request, 2017 Salem Street (a.k.a 2051 Salem Street) (LRC Builders) The Administrator states she recommends issuing a full Certificate of Compliance with standard perpetual conditions. The swale will require ongoing maintenance to ensure proper function going forward per Special Condition #53. A motion to issue a full and final Certificate of Compliance is made by Mr. Manzi seconded by Mr. Mabon. Vote 5-0, Unanimous. Documents 8-12-2020 Meeting Materials, 8-26-2020 Meeting Materials, 9-23-2020 Meeting Materials Enforcement Order/Violation 242-1751, 2017 Salem Street (a.k.a 2051 Salem Street) (Sestito/Innis) This item is taken out of order. The Administrator provides background information on the Enforcement Order. Photos were provided of the trench with newly incorporated 6" minus rip-rap erosion stone. The Administrator states the trench has held up to recent heavy rains and recommends lifting the Enforcement Order. Mr. Napoli states the end results are not exactly as expected but feels it will function as needed. A motion to lift the Enforcement Order is made by Mr. Manzi seconded by Mr. Lynch. Vote 5-0, Unanimous. Documents 9-23-2020 Meeting Materials, Copy of 242-1751 EO - Restore Swale - 2017 Salem Street 201 Marbleridge Road (Nguyen) The Administrator states the violation letter is in response to excavation and import of fill material. A tree removal letter was issued by the former Field Inspector allowing removal of five trees within the Buffer Zone. No other work apart from the proposed tree removal was approved. Per the tree removal letter, the stumps were to be flush cut to the ground and roots left intact. At the time the tree removal letter was issued the Field Inspector did not determine the property was in the Riverfront Area or Watershed Overlay District. The violation letter directed the homeowner to cease and desist all activities, installation of erosion controls, delineation of the wetland and evaluation. The homeowners have been cooperative and responsive and engaged the services of Oxbow Associates. A letter from the consultant provides an estimate of the disturbed square footage. They recommended removal of all fill, restoration of the disturbed areas to their original grade and conditions, and restoration plantings within the 25-foot NDZ. The Administrator states even with the amount of ground disturbance the site is stable. She recommends date TBD. After consulting with the Chairman, they believe a formal surveyed as-built plan should be required and that the wetland consultant be on site to supervise final re-grading, application of soil stabilization and planting installation. Rory Nguyen, the homeowner states he followed the directions given to him by the prior Field Inspector. 2020-10-14 Conservation Commission Minutes Page 7 of 8 Approved 10/28/2020 The Commission discusses the violation and how to proceed. They agree erosion controls be established, fill be removed by November 16, 2020 and the area stabilized pending planting. A formal surveyed as- built plan is required, and plantings be installed no later than May 30, 2021 with monitoring for three growing seasons. The wetland consultant is required to be on site to supervise final re-grading, application of soil stabilization and planting installation and wetland markers and notify staff once plantings have been completed. Due to the unique circumstances no, additional permitting is required. A motion to issue and Enforcement Order as discussed is made by Mr. Lynch seconded by Mr. Manzi. Vote 5-0, Unanimous. Documents 201 Marbleridge_Oxbow Assoc. Site Eval and Wetland Map, Final Violation Letter - 201 Marbleridge General/New/Old Business Approval of 2021 Conservation Commission Calendar The Commission discusses the proposed 2021 Conservation Commission Calendar. A motion to adopt the 2021 Conservation Commission Meeting Calendar is made by Mr. Lynch, seconded by Mr. Mabon. Vote 5-0 Unanimous. The Administrator announces Anthony Capachietti was confirmed by the Board of Selectmen on October 5, 2020. Hopefully he will be sworn in for the October 28, 2020 Conservation Commission Meeting. She informs the NACC that the role of the Conservation Field Inspector has been filled by Taylor Andrews. He is expected to join the team in early November. Decisions 242-1792, 137, 113-115 Andover Street, Stevens Coolidge Place (TTOR) The Administrator reviews the drafted Order of Conditions with the Commission. The bond will be set in the amount of $3,000.00. The compost pile must be removed prior to construction. Non-arsenic wood is required for the construction of the boardwalk. If tree removal is desired the Administrator is to be notified ahead of time. A letter stating how the applicant intends to expand the education program and associated signage are required prior to receiving compliance. The construction access and stockpile area must be depicted on the plan. Wetland markers are required to mark the 25-foot NDZ. A motion to approve the Order of Conditions as amended is made by Mr. Lynch seconded by Mr. Mabon. Vote 5-0, Unanimous. 242-1794, 335 Willow Street (Muffin 3X, LLC) The Administrator reviews the drafted Order of Conditions with the Commission. The bond will be set in the amount of $5,000.00. A notation will be added to Condition #35 that maintenance of the rip rap at the low point of the pavement is a previous requirement. The method of pavement restoration used must be specified pre construction to determine if protection measures should be fortified or not. A motion to approve the Order of Conditions as amended is made by Mr. Lynch seconded by Mr. Mabon. Vote 5-0, Unanimous. 242-1795, 597 Foster Street (Bradstreet) The Administrator reviews the drafted Order of Conditions with the Commission. Condition #71 prohibits the concrete pad from being used for any type of activity. A motion to approve the Order of Conditions as amended is made by Mr. Manzi seconded by Mr. Lynch. Vote 5-0, Unanimous. 242-1766, 1600 Osgood Street (Hillwood Enterprises, LP) 2020-10-14 Conservation Commission Minutes Page 8 of 8 Approved 10/28/2020 The Administrator reviews the Amended Order of Conditions with the Commission. She states that there was no need to revise or add conditions, but rather just document procedural history and revised plans and documents. A motion to approve the Amended Order of Conditions as drafted is made by Mr. Mabon seconded by Mr. Lynch. Vote 5-0, Unanimous. Signature Authorization - Permits Issued at the 10/14/2020 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; o Small Projects for 155 Boston Street, 684 Salem Street and 226 Abbott Street. Determinations of Applicability for Cyr Recycling Boardwalk and 1592 Salem Street. Amendment for 1600 Osgood Street. Certificate of Compliance for 2017 Salem Street. Orders of Conditions for 137, 113-115 Andover Street, 335 Willow Street, 597 Foster Street and Amended of Order of Conditions for 1600 Osgood Street. A motion to allow the Administrator to sign the permits as proposed is made by Mr. Manzi seconded by Mr. Lynch. Vote 5-0, Unanimous. Adjournment A motion to adjourn at 10:07 p.m. is made by Mr. Lynch, seconded by Mr. Mabon. Vote 5-0 Unanimous. 2020-10-14 Conservation Commission Minutes