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HomeMy WebLinkAbout2021-01-13 Conservation Commission Minutes Page 1 of 7 Approved 1/27/2021 North Andover Conservation Commission Meeting Minutes January 13, 2021 Members Present: The following identified themselves as present on the call: Louis A. Napoli, Chairman, John T. Mabon, Joseph W. Lynch, Albert P. Manzi, Jr., Vice Chairman and Anthony Capachietti Members Absent: Douglas W. Saal and Sean F. McDonough Staff Members Present: The following identified themselves as present on the call: Amy Maxner, Conservation Administrator and Taylor Andrews, Field Inspector Meeting came to Order at: 7:04 p.m. Quorum Present. The Administrator, Amy Maxner reads the following statement: 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 to attend this 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 November 18, 2020 & December 9, 2020 is made by Mr. Manzi, seconded by Mr. Lynch. Vote 5-0, Unanimous. Certificate of Compliance 242- The Administrator provides background on the Order issued in October 2019. An As-built Plan and engineer certification was received. A site inspection was performed at the end of November. The site is stable; all areas of disturbed soil have been sodded or landscaped. Erosion controls have been removed. The Administrator recommends issuing a full and final COC with on-going conditions as prescribed in the Order. Mr. Mabon would like to know if there are any plantings. The Administrator states the plantings are outside the Buffer Zone. Mr. Lynch questions the condition of the outfall pipe. The Administrator states the pipe was in good condition, no replacement was required. Mr. Napoli confirms the homeowner will be required to conduct the maintenance. A motion to issue a full and final Certificate of Compliance is made by Mr. Mabon, seconded by Mr. Lynch. Vote 5-0, Unanimous. Documents 10-30-19 Revised plan, 39501.As-Built.11.9.20, doc20201201124933 242-1646, 1 High Street (RCG North Andover Mills, LLC) 2021-01-13 Conservation Commission Minutes Page 2 of 7 Approved 1/27/2021 The Administrator provides background on the 5-year Order issued in September 2015. A new 5-year Order for Aquatic Management Program for East Mill Pond was issued in September 2020 to continue the treatment program. The closing of the old OOC is an administrative task. Mr. Napoli questions if the E.Coli bacteria numbers were incorporated into the new OOC. The Administrator states they were incorporated into the new Order. A motion to issue a full and final Certificate of Compliance (replaced with a new OOC #242-1790) is made by Mr. Lynch, seconded by Mr. Mabon. Vote 5-0, Unanimous. Documents DEP 242-1646 Order of Conditions, Pond Control, Request for Cert of Compliance, Pond Maintenance, WPA Form 8a - DEP #242-1646 Amendment 242-1752, 1270 Salem Turnpike (Sampson) The Administrator states the proposed 3 new spaces within the 50' NBZ were eliminated from the plan per the request of the NACC. A signed Stormwater O&M was received as well as plan notations that specified where milling, grading, resurfacing and new pavement will occur in the parking areas. The site contains a Town pump station and associated easement; comments from the Town Engineer have been addressed. The Stormwater Report was reviewed by the Town Engineer and had no comments. The Planning Board closed its hearing and issued an approval decision on December 15th based on the current plans. Mr. Mabon would like to know if the O&M Plan speaks to snow storage as previously discussed. The Administrator states that snow storage is depicted on the plans. A motion to accept the Amendment to the Order of Conditions is made by Mr. Mabon, seconded by Mr. Lynch. Vote 5-0, Unanimous. A motion to close and issue in 21 days is made by Mr. Mabon, seconded by Mr. Manzi. Vote 5-0, Unanimous. Documents 11-18-2020 Meeting Materials, 12-09-2020 Meeting Materials, 21942 SP4-R1-C1 12.13.20, 21942 SP4-R1- C2 12.13.20, Signed Maintenance Plan Notice of Intent (NOI) 242-1803, 59 Bannan Drive (Blackshaw) The Administrator provides background on the proposal which was heard at the previous meeting. After reviewing the USGS maps, the Administrator agrees this is an unnamed perennial stream which flows into Mosquito Brook. This stream projects the 200-foot Riverfront Area onto the property. A small portion of the driveway expansion falls within the outer reaches of the 200-foot Riverfront Area. A DEP number has been assigned. The Administrator recommends closing the hearing and issuing an OOC. A motion to close and issue in 21 days is made by Mr. Manzi, seconded by Mr. Mabon. Vote 5-0, Unanimous. Documents 12-09-2020 Meeting Materials, Energy & Environmental Affairs DEP# 242-1801, 376 Salem Street (Phillip C. Farmer Development, Inc.) The Administrator provides background on the proposal which was heard at the previous meeting. The proposed stone rip rap aprons along the roadway have been eliminated from the plan. The Andover DPW would not accept responsibility for their maintenance as they were situated within their ROW. A detailed cross-section and O&M Plan for the stone shoulder has been provided. A DEP number has been assigned. The Administrator recommends closing the hearing and issuing an OOC. Mr. Napoli would like to know who will be responsible for the O&M Plan for the stone shoulder once the house is sold. 2021-01-13 Conservation Commission Minutes Page 3 of 7 Approved 1/27/2021 Mr. Manzi would like to know if this will be a perpetual condition that will carry on with the title regardless of the owner. The Administrator states this is a long-term condition to be recorded with the OOC and COC. Peter Blaisdell, Williams & Sparages, LLC states the O&M Plan states the inspection and maintenance of the trenches belongs to the owner or the designated property manager. A copy of the O&M Plan was also provided to the Andover Conservation Commission. The features in the ROW were eliminated from the Mr. Lynch confirms with the Administrator that the features in the ROW have been eliminated from the record plan. A motion to close and issue in 21 days is made by Mr. Lynch, seconded by Mr. Mabon. Vote 5-0, Unanimous. Documents 11-18-2020 Meeting Materials, 12-09-2020 Meeting Materials, Energy & Environmental Affairs DEP#, O&M, Site Plan Final 12-10-20 242-1787, 135 North Ramp Road (DeRosa) The Administrator states the applicant has agreed to a continuance to allow the Commission additional time to review materials submitted to the record. A motion to continue to January 27, 2021 is made by Mr. Manzi, seconded by Mr. Mabon. Vote 5-0, Unanimous. Documents Email from dcowell@hancockassociates.com requesting a continuance until 1/27/21 242-1799, 243 Great Pond Road (Windhill Builders) The Administrator states the applicant has requested a continuance. A motion to continue to January 27, 2021 is made by Mr. Mabon, seconded by Mr. Manzi. Vote 5-0, Unanimous. Documents Email from whall@civildci.com requesting a continuance until 1/27/21 242-1800, 158 Forest Street (Triano) The Administrator states the applicant has requested a continuance. A motion to continue to January 27, 2021 is made by Mr. Manzi, seconded by Mr. Lynch. Vote 5-0, Unanimous. Documents Email from dcowell@hancockassociates.com requesting a continuance until 1/27/21 242-1802, 1010 Johnson Street (Riera) The Administrator states the proposal consists of a septic system upgrade to replace the existing failing system. The property contains BVW and associated Buffer Zone and two off-site IVW's that project their Buffer Zones onto the property. No other wetland resources are on or proximal to the site and there is no priority habitat on site. The wetland lines were observed by the Administrator and Field Inspector and found them to be accurate. The new septic leaching field is proposed within the 100-foot Buffer Zone and 50-foot NBZ to the northerly IVW wetland, with proposed grading 30-feet from the IVW at its closest point. A waiver formal request has been received. The existing tank will be utilized, and a new pump chamber and piping is proposed. These components are behind the house in the Buffer Zone to BVW but outside the 50- foot NBZ. The Administrator believes a 12-inch mulch sock would be more appropriate than the straw wattle depicted on the plan. Approval from the BOH is pending; the system also requires a variance from the BOH due to the proximity to the wetlands. The Commission discusses the waiver request and agrees it requires an explanation why this is the only feasible location for the system. The project needs to be continued until it has been approved by the BOH. Mr. Napoli requests the construction access be depicted on the plan. 2021-01-13 Conservation Commission Minutes Page 4 of 7 Approved 1/27/2021 A motion to continue to January 27, 2021 is made by Mr. Lynch, seconded by Mr. Mabon. Vote 5-0, Unanimous. Documents 1010 Johnson Street - Legal Notice 01 06 21 - Public Notice, 1010 Johnson Street - Legal Notice 01 06 21 - Tribune, 1010JOHNSON, 1010JOHNSON1421, ABUTTERS, BOHletter, conservationletter, Energy & Environmental Affairs DEP#, MAIL1, MAIL2, MAIL3, MAIL4, NOI1010JOHNSON Abbreviated Notice of Resource Area Delineation 242- The Administrator states the site is a 1.08-acre lot which is currently developed with a single-family house. The site immediately abuts Merrimack Condos. The site is surrounded by BVW, and some of the BVW is on site, some is off site. The WF number from 1 thru 25. The off-site portion of the BVW to the east contains certified vernal pools that are located on the Merrimack Condo site. There is no floodplain, or Riverfront Area on the site. The associated Buffer Zone, NDZ and NBZ are depicted on the site plan. The Vernal Pool 50-foot NDZ and 75-foot NBZ associated with the wetland to the east have also been depicted on the plan. The Administrator walked the wetland line with the Field Inspector and Wetland Scientist and found the delineation to be accurate. The current conditions consist of wooded areas, pine trees and an open understory around the house that consist of natural grass species. Mr. Mabon confirms that the Vernal Pool is associated with WF12-WF25. He feels it is important that the plan is clear and contains the setbacks for the Vernal Pool. Greg Hochmuth, Williams & Sparages confirms there are two certified Vernal Pools within the BVW. Mr. Lynch states the NACC is not making any determination under the Natural Heritage Program. The determination is relative to the line itself. Mr. Hochmuth states that the lot is not mapped as priority habitat or estimated habitat. The Administrator agrees that it is important to protect the NBZ and NDZ under the local by-law for the Vernal Pools. Mr. Lynch would like to make it clear that the Commission issuing a determination will not prevent the NACC from discussing priority habitat or estimated habitat at future hearings. Mr. Hochmuth states he understands. Mr. Manzi states although the vernal pool is located off site conditions can be put in place to protect it when a future filing is before them. Mr. Capachietti believes some of the confusion may come from page 11 of the ANRAD filing. He states that the OLIVER -MASS GIS tends to jump sometimes and not line up with the property line. shown on MassGIS and not what is represented in the ANRAD application. A motion to close the hearing and issue an ORAD confirming the delineation as presented with no determination regarding priority habitat/estimated habitat is made by Mr. Manzi, seconded by Mr. Mabon. Vote 5-0, Unanimous. Documents Signed Maintenance Plan, 1874 Turnpike Street - Legal Notice 01 06 21 - Public Notice, 1874 Turnpike Street - Legal Notice 01 06 21 - Tribune, 1874 Turnpike Street_North Andover_Existing Conditions, Application Checklist - Abbreviated Notice of Resource Area Delineation (done), Certified-Green Cards, Energy & Environmental Affairs DEP#, Wetland Field Data Forms - 1874 Turnpike Street Minor Modification 242-1764, 137 Andover Street & 0 Chickering Road (The Trustees of Reservations) The Administrator provides background on the Modification to the Order which was heard at the previous request. The memo and associated plans show that even by incorporating the drainage area of this swale into the Hancock stormwater calculations that the resulting peak flows are still below existing peak flows. Mr. Lynch would like to know if the culvert is owned by the town or the state. 2021-01-13 Conservation Commission Minutes Page 5 of 7 Approved 1/27/2021 The Administrator states the culvert belongs to MassDOT; the remainder of the work proposed in the Modification is not within MassDOT jurisdiction. Josh Hasenfus, The Trustees of Reservations states they don't anticipate any tree removal; it will mostly be removal of deadfall removal and minimal elevation pruning to allow machine access. They have spoken with abutters and screen plantings have been installed on the inside of the existing tree cover. The Administrator states the majority of the work is outside of the Buffer Zone. She recommends approving the elements in the modification request with conditions that require proper erosion controls, work to be monitored by the erosion control monitor and advance notification to the Conservation Department as to when these activities will commence. A motion to approve the Modification as recommended is made by Mr. Lynch, seconded by Mr. Napoli. Vote 5-0, Unanimous. Documents Meeting Materials 12-09-2020, Trustees Stevens Coolidge Conservation Commission Drainage Swale Letter - 1-11-2021 242-1724, 21 High Street (a.k.a. 1 High Street), East Mill (RCG, LLC) The Administrator provides background on the Modification to the Order which was heard at the previous restoration proposal involves removal of invasive species and replanting with 28 native shrubs and native seed mix. The Field Inspector has reviewed the restoration proposal and recommends cutting invasives and applying spot treatment with wetland approved herbicide with follow up. He has requested to see an actual seed mix species list to ensure all are truly native, and some type of biodegradable blanket to go over any exposed seed areas. The Commission feels the applicant has complied with all of their requests. The Administrator believes that the Commission can approve the modification and recommends conditions site inspections with the Conservation Department. A motion to approve the Modification as recommended is made by Mr. Mabon, seconded by Mr. Lynch. Vote 5-0, Unanimous. Documents 12-09-2020 Meeting Materials, East Building Pipe Relocation Photos, East Mill Revised Drainage Outfall_12-14-2020, Pipe Relocation Restoration Report, Rip Rap Sizing Calculations Enforcement Order/Violation 240 Marbleridge Road (Styles/Xayarath) 8:10 p.m., The Administrator experiences technical difficulties. 8:13 p.m., The Administrator rejoins the call. The Administrator provides background on the Enforcement Order issued in March 2019. A follow up inspection was performed by the Field Inspector. All four Red Maples required for the restoration planting were planted and are in good health. He reported that the mulch around the trees was too high and explained proper mulching practices to be used moving forward. The Field Inspector recommends lifting the Enforcement Order. A motion to lift the Enforcement Order is made by Mr. Manzi, seconded by Mr. Mabon. Vote 5-0, Unanimous. Documents 12-23-2020 Tree Inspection Notes 240 Marbleridge, 20201223_085941, 20201223_090106, Restoration Proposal 04 03 19, Styles Tree Monitoring Report 2020, Violation Letter 03 20 19 General/New/Old Business 242-1692, Request for Extension, 1210 Osgood Street Mr. Napoli recuses from the discussion due to a conflict of interest, and Mr. Manzi steps in as Chair. 2021-01-13 Conservation Commission Minutes Page 6 of 7 Approved 1/27/2021 The Administrator provides background on the OOC. The work on the residential side is essentially complete and areas are stabilized, and erosion controls are slowly being removed at the direction of the erosion control monitor. Work remains on the commercial side; this was delayed a few months due to COVID-19. The groundwater treatment system is operating successfully. The NACC was provided with a copy of the most recent water treatment data spreadsheet. receives copies of the reports and notifies the Administrator with any concerns. The applicant is seeking a final 1-year extension to the Order. The hearing for the Amendment to the OOC, initiated by the Commission, is still open and pending. This discussion was suspended due to COVID-19 as they thought the meeting should be an in- person meeting format. Due to the timeline for the return to in person meeting format the Administrator recommends resurrecting the discussion to move forward. Mr. Manzi would like to know if the applicant has provided language with respect to the perpetual conditions which were requested the last time the Amendment was discussed. He directs the Administrator to contact the applicant to remind them of this requirement so the NACC may review the proposal with Town Council to the conditions to live on for quite some time. The Administrator states some progress has been made on the draft version of the Amended OOC. Mr. Lynch considers the possibility that the project may continue beyond the expiration of the Order, and that some instrument/written permit to allow work to continue beyond the life of the OOC may need to be considered. The Commission discusses the request to extend the Order and agrees to grant the request. A motion to grant a 1-year extension is made by Mr. Mabon, seconded by Mr. Lynch. Vote 4-0, Unanimous, Recused: Mr. Napoli. Documents PPMI_20201204_105811, Water Quality Data thru 010821 - 1210 Osgood Street 242-1724, Request for Extension, 21 High Street (a.k.a 1 High Street) (RCG, LLC) Mr. Napoli resumes as Chairman. The Administrator states the applicant is seeking a 2-year extension and provides background on the OOC. The Commission reviewed and approved the Modification to the OOC earlier in the meeting. The work on the residential building has yet to commence, with National Grid power line relocation and COVID-19 both impeding the intended schedule. Construction is slated to start in 2021 and estimated to take between 13-15 months to complete. The Administrator recommends granting an extension and defers to the Commission as to whether they would entertain a 2-year extension as requested by the applicant. Mr. Mabon states he is in favor of following the guidelines of the by-law and agrees to a 1-year extension. The Commission discusses the request and agrees to grant a 1-year extension. A motion to grant a 1-year extension is made by Mr. Manzi, seconded by Mr. Mabon. Vote 5-0, Unanimous. Documents Signed Ltr Requesting Extension 12-22-20 Decision 242-1752, 1270 Salem Turnpike (Sampson) The Administrator reviews the drafted Amended Order of Conditions. The Commission agrees excess snow shall be removed from site once the designated stockpile areas are at capacity. Snow signage is required to be installed to identify snow stockpiling locations. The bond will be set in the amount of $5000.00. A motion to approve the Amended Order of Conditions as amended is made by Mr. Lynch seconded by Mr. Mabon. Vote 5-0, Unanimous. 242-1803, 59 Bannan Drive (Blackshaw) 2021-01-13 Conservation Commission Minutes Page 7 of 7 Approved 1/27/2021 The Administrator reviews the drafted Order of Conditions. The bond will be set in the amount of $1,000.00. A motion to adopt the Order of Conditions as drafted is made by Mr. Lynch seconded by Mr. Mabon. Vote 5-0, Unanimous. Signature Authorization - Permits Issued at the 01/13/2021 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 Certificates of Compliance for 95 Lyons Way and 1 High Street. Minor Modifications for 137 Andover Street/0 Chickering Road and 21 High Street, East Mill. Extension Request for 1210 Osgood Street and 21 High Street. Amended Order of Condition for 1270 Salem Turnpike and Orders of Condition for 59 Bannan Drive. 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 8:42 p.m. is made by Mr. Manzi, seconded by Mr. Lynch. Vote 5-0 Unanimous. 2021-01-13 Conservation Commission Minutes