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HomeMy WebLinkAboutCCMeetingMinutes_10.21.15 North Andover Conservation Commission Meeting Minutes October 21, 2015 Members Present: Louis A. Napoli, Chairman, Albert P. Manzi, Jr., Vice Chairman, John T. Mabon, Deborah A. Feltovic, Douglas W. Saal, Sean F. McDonough. Members Absent: Joseph W. Lynch, Jr. Staff Members Present: Jennifer A. Hughes, Conservation Administrator, Donna M. Wedge Conservation Secretary. Pledge of Allegiance Meeting came to Order at: 7:05PM Quorum Present. Approval of Minutes of 9/9/15 & 9/23/15 A motion to accept the meeting minutes 9/9/15 & 9/23/15 as drafted and reviewed is made by Mr. Manzi, seconded by Ms. Feltovic. Vote unanimous. Public Meeting: 7:06 PM NACC#160, 57 Glenwood Street (Goldberg) The applicant Eitan Goldberg is present. Administrator reviews the proposal to install two sections of fence, one between the existing deck and shed and the other on the right side of the house. A motion to accept this filing as a small project 4.4.2H is made by Mr. McDonough, seconded by Ms. Feltovic. Vote unanimous. A motion to approve the project as proposed with conditions for pre & post construction inspections is made by Mr. McDonough, seconded by Ms. Feltovic. Vote unanimous. Documents: Application Checklist-Small Project Small Project Procedures Copy of Town Check Letter prepared by Eitan and Michelle Goldberg dated September 25, 2015 Sketched Plan showing shed and extension of fencing dated September 25, 2015 MIMAP showing area of the Shawsheen River dated September 25, 2015 NACC#161, 94 Flagship Drive (Nova Flagship LLC) Steven Webster of Dutton & Garfield, Inc. is present. Administrator reviews the proposal to remove 360 s. f. of pavement and convert the area to landscaping. Proposal also includes planting 4 maple trees and installing a drain manhole and piping within existing pavement. Mr. McDonough asks how this fits into the small project categories and asks about the closest point of work. A motion to accept this filing as small project 4.4.2 L is made by Mr. McDonough, seconded by Mr. Manzi. Vote unanimous. A motion to approve the project as proposed with conditions for pre & post construction inspections is made by Mr. McDonough, seconded by Mr. Manzi. Vote unanimous. Documents: Application checklist-Small Project Small Project Procedures Copy of Town Check Narrative of the work being proposed prepared by Christiansen & Sergi dated October 9, 2015 Plan of proposed conditions prepared by Christiansen & Sergi, Inc. dated October 9, 2015 NACC#162, 120 Willow Street (Comcast) Edward Thompson of Comcast is present. Administrator reviews the proposal to install approximately 39 linear feet of conduit from the resource area. Mr. Mabon asks how deep the cable will be trenched. new pavement. A motion to accept this filing as a small project 4.4.2L is made by Mr. McDonough, seconded by Ms. Feltovic. Vote unanimous. A motion to approve the proposal with a condition for a post construction inspection is made by Mr. McDonough, seconded by Ms. Feltovic. Vote unanimous. Documents: Application Checklist-Small Project Small Project Procedures Copy of Town Check Letter prepared by Dewsnap Engineering Associates LLP dated October 15, 2015 Plan of Proposed Comcast underground conduit prepared by Dewsnap Engineering Associates LLP dated October 2, 2015 Public Hearings: 7:15PM Request for Determination of Applicability 92 Andover Street (Delaney) (Scanlan Engineering, Inc.) The applicant Anne Delaney is present. The Administrator presents the proposal to expand the driveway, for safety reasons, toward the wetland. Mr. Mabon asks how much closer the driveway will expand. Mrs. Delaney states the driveway would widen by 4.5-feet. She states it is very difficult to back out onto Andover Street to shuffle cars. Mr. Manzi asks if the delineation is correct. The Administrator states all issues with the delineation have been worked out. A motion to issue a negative determination #3 with conditions for pre and post construction inspection is made by Mr. Manzi, seconded by Ms. Feltovic. Vote unanimous. Documents: Application Checklist-Request for Determination of Applicability WPA Form 1-Request for Determination of Applicability Project Description Copy of Town Check Signatures and Submittal Requirements Notification to Abutters Form Certified Abutters List prepared by the North Andover Assessors Department dated September 8, 2015 Permit Site Plan prepared by Scanlan Engineering LLC dated May 14, 2015 North Andover MIMAP prepared by Scanlan Engineering LLC September 8, 2015 North Andover Wetlands Regulations Riverfront Map prepared by Epsilon Associates dated June 2, 2003 North Andover MIMAP prepared by Mrs. Delaney of 92 Andover Street dated September 8, 2015 North Andover Wetlands Regulations Riverfront Map Area Map prepared by Mrs. Delaney of 92 Andover Street dated June 2, 2003 Permit Site Plan prepared by Scanlan Engineering, LLC dated May11, 2015 revised May 14, 2015 Photos prepared by Mrs. Delaney of 92 Andover Street dated May 14, 2015 Locus Map prepared by Mrs. Delaney of 92 Andover Street dated May 14, 2015 Proposed Driveway Plan prepared by Scanlan Engineering, LLC dated May 14, 2015 Photos prepared by the North Andover Conservation Department dated April 6, 2015 660 Great Pond Road (United Methodist Church) (Norse Environmental Services, Inc.) The applicant Larry Peacock of United Methodist Church and Maureen Herald of Norse Environmental Services, Inc. are present. The Administrator states this is a 2 part proposal including a gravel parking area and a new walkway and paving. Photos are distributed. Ms. Herald reviews the two projects. The first is for 3 gravel parking spaces and minor etland. Erosion control is proposed. Material will need to be removed to construct the spaces. Work at the Moses Building includes paving and the installation of a handicap access to the front of the building. The resource area here is a manmade structure. Planning has given the project an exemption but would like to see a berm along the edge of the sidewalk to collect runoff. Mr. Mabon asks if the berm will provide an improvement in water treatment. Mr. Manzi asks the purpose of the berm. He believes it will divert water from the wetland. The commission discusses the berm. Mr. McDonough asks about the waiver. He asks if the sidewalk could be shifted outside the . Mr. Napoli states the closer to the staircase the less the slope. Mr. Saal asks for removal of the berm requirement. He believes it would cause puddling in this area. Mr. Napoli reviews the condition of the existing pavement. A motion to grant the request for a continuance to the November 4, 2015 meeting is made by Ms. Feltovic, seconded Mr. Manzi. Vote unanimous. Documents: Application Checklist-Request for Determination of Applicability WPA Form 1-Request for Determination of Applicability Project Description Signatures and Submittal Requirements Notification to Abutters Form Certified Abutters List prepared by the Town of North Assessors Department dated September 30, 2015 Affidavit of Service prepared by Norse Environmental Services, Inc. dated October 8, 2015 Narrative Assessors Maps dated January 1, 2007 Oliver Mass GIS online Mapping Tool prepared by Norse Environmental Services, Inc. dated October 7, 2015 Soil Map Web Soil Survey prepared by Norse Environmental Services, Inc. dated October 7, 2015 Soil Map Legend prepared by Norse Environmental Services, Inc. dated October 7, 2015 Map Unit Legend prepared by Norse Environmental Services dated October 7, 2015 FIRM Flood Insurance Rate Map prepared by Norse Environmental Services, Inc. dated July 3, 2012 North Andover Wetlands Regulations Riverfront Area Map prepared by Epsilon Associates dated June 2, 2003 Maps GIS State MA prepared by Norse Environmental Services, Inc. dated October 7, 2015 Rolling Ridge lower entrance parking area layout Plan prepared by DK Engineering Associates, Inc. dated October 4, 2015 Site Plan prepared by DK Engineering Associates, Inc. dated October 4, 2015 Overall Existing Site Pan prepared by Findeisen Survey & Design LLC dated July 11, 2013 Photos prepared by the North Andover Conservation Department dated October 16, 2015 497 Foster Street (Fitzpatrick) (Sullivan Engineering Group, LLC) (cont. from 10/7/15) The applicant Martin Ferry and John Sullivan of Sullivan Engineering Group, LLC are present. Abutters Kurt & Kirsten Carter of 509 Foster Street are also present. Mr. Sullivan states states Arco Excavators will do the work. ther on either side of the the project (common drive). The project is exempt from MESA review. Mr. Mabon asks Mr. Sullivan to detail the construction sequence for work at the culvert. upslope, some digging will be done by hand and there will be a filter sock on both sides of the brook. Mr. Mabon asks how long culvert work will take. Mr. Napoli states approximately 1 day. Mr. Sullivan the work must be done now since the applicant does not have potable water. Mr. Manzi asks if there is a vernal pool in that area. The Administrator states there in only BVW and the intermittent stream. Mr. Saal states the majority of the common driveway is on the abutting property. Mr. Carter, abutter, states his well does not have issues. Mr. Saal asks the abutter why he does not install a new line now while the pavement is open. The abutter states he is not interested in the expense. He is worried about the existing culverts. Mr. Manzi states the contractor is licensed and has insurance. He states the commission is concerned about the culvert as well. Mr. Napoli states there will not be a bond. Mr. Carter asks about the process to abandon the well. Mr. Mabon states there would need to be a cap and the connection to the house would need to be removed. A motion to issue a negative determination #3 with conditions that the Administrator be on site when the water line is excavated under the culvert area and for pre & post construction inspections is made by Mr. Manzi, seconded by Ms. Feltovic. Vote unanimous. Documents: Letter prepared by Sullivan Engineering Group, LLC dated September 22, 2015 Application Checklist-Request for Determination of Applicability WPA Form 1-Request for Determination of Applicability Project Description Copy of Town Check Signatures and Submittal Requirements Certified Abutters List prepared by the North Andover Assessors Department dated September 15, 2015 Notification to Abutters Form Locus Map prepared by Sullivan Engineering Group, LLC dated September 24, 2015 Portion of NHESP Map Showing Priority Habitat Areas dated September 24, 2015 Water Service Connection Plan prepared by Sullivan Engineering Group, LLC dated September 17, 2015 Photos prepared by the North Andover Conservation Department dated October 1, 2015 Abbreviated Notice of Resource Area Delineation 242-1660, 303 Chestnut Street (Busby) (Rimmer Consulting, LLC) (cont. from 10/7/15) Mary Rimmer of Rimmer Consulting, LLC is present. The Administrator states the plan has been revised and evidence has been submitted to prove that the pond is not a vernal/ephemeral pool. Ms. Rimmer states that there are fish in the pond. A motion to issue the ORAD in accordance with the plan prepared by Donohoe Survey, Inc. and dated August 19, 2015 revised dated October 19, 2015 is made by Ms. Feltovic, seconded by Mr. Manzi. Vote unanimous. Documents: Plan of Land prepared by Donohoe Survey, Inc. dated August 5, 2015, revised dated October 19, 2015 Letter prepared by Rimmer Environmental Consulting, LLC dated October 16, 2015 Photos prepared by Rimmer Environmental Consulting, LLC Vernal Pool Assessment Photos of Fish in the vernal pool dated October 16, 2015 242-1662, 0 W High Street (RCG West Mill NA LLC) (Wetlands Preservation, Inc.) (cont. from 10/7/15) Administrator states the applicant is requesting a continuance to the November 4, 2015 meeting. A motion to grant the request for a continuance to the November 4, 2015 meeting is made by Ms. Feltovic, seconded by Mr. Manzi. Vote unanimous. Document: E/Mail prepared by RCG LLC Seth Zeren requesting for a continuance to the November 4, 2015 meeting dated October 20, 2015 Abbreviated/Notice of Intent (NOI) 242-1663, 70 Raleigh Tavern Lane (Soule) (Merrimack Engineering Services, Inc.) (cont. from 10/7/15) The Administrator states the DEP number has been received and the matter can close and issue. A motion to close and issue a decision within 21 days is made by Mr. Manzi, seconded by Ms. Feltovic. Vote unanimous. 242- to 11/4/15) Administrator states the applicant is requesting a continuance to the November 4, 2015 meeting. A motion to grant the request for a continuance to the November 4, 2015 meeting is made by Ms. Feltovic, seconded by Mr. Manzi. Vote unanimous. Document: E/Mail prepared by Norse Environmental Services, Inc. requesting for a continuance to the November4, 2015 meeting dated October 20, 2015 242-1664, Riverview Street (Pumping Station) (Greater Lawrence Sanitary District) (CDM Smith) (cont. from 10/7/15) Benjamin Mosher of CDM Smith, Mary Rimmer of Rimmer Environmental, LLC, and Richard Weare of Greater Lawrence Sanitary District are present. Ms. Rimmer states the applicant is still waiting for a letter from Natural Heritage. This should be in before the commission would be required to issue. A motion to close and issue a decision within 21 days is made by Mr. Manzi, seconded by Ms. Feltovic. Vote unanimous. 242-1656, 95 Old Cart Way (Murtha, III) (Markey Land Development Consulting) (cont. from 10/7/15) The applicant Mr. Thomas Murtha, III of 95 Old Cart Way is present. The Administrator states the COC request on the old OOC has been filed and will be heard at the next meeting. The Conservation Commission is satisfied with the plan changes. The entire project is outside the 50-foot No-Build zone. Mr. Murtha discusses that the unauthorized stair landing will need to remain until the new one is constructed. A motion to grant the request for a continuance to the November 4, 2015 meeting is made by Ms. Feltovic, seconded by Mr. Manzi. Vote unanimous. 242-1665, 415 Boxford Street (Orem) (Benjamin C. Osgood, Jr., P. E.) Benjamin C. Osgood, Jr., P. E. is present. Administrator states the filing to replace septic tank and piping most of which is outside the 100-foot buffer zone. There is a shed on the property that will need to be moved outside the -Build Zone. Mr. Osgood states it is only the new drywell and construction access that are in jurisdiction. He states the owner understands he needs to move the shed and may actually take it with him. Mr. McDonough states markers should be placed on the treeline. A motion to close and issue a decision within 21 days is made by Mr. Saal, seconded by Ms. Feltovic. Vote unanimous. Documents: Application Checklist-Abbreviated Notice of Intent WPA Form 4-Abbreviated Notice of Intent General Information Signatures and Submittal Requirements Project Description Copy of State and Town Check Mass GIS prepared by Benjamin C. Osgood, Jr. P. E. dated October 6, 2015 NHESP Map prepared by Benjamin C. Osgood, Jr, P. E. dated October 6, 2015 Affidavit of Service prepared by Benjamin C. Osgood, Jr. P. E. dated October 10, 2015 Notification to Abutters Form Certified Abutters List prepared by the North Andover Assessors Department dated September 27, 2015 NOI Wetland Fee Transmittal Form Copy of Mailing of priority mail express to Natural Heritage prepared by Benjamin C. Osgood, Jr. P. E. dated October 6, 2015 Proposed Subsurface Sewerage Disposal System prepared by Benjamin C. Osgood. Jr. P. E. dated September 24, 2015, revised dated October 14, 2015, revised dated October 19, 2015 Photos prepared by the North Andover Conservation Department dated October 16, 2015 242- 700 Middleton Street (Fisher) (North East Classic Engineering) , The applicant Martin Fisher of 700 Middleton Street and James Herrick of North East Classic Engineering are present. Mr. Herrick presents the new septic system. Mr. Mabon asks how the new system can be in the same location. Mr. Herrick states the old system will be removed and replaced with entirely new septic system. The applicant will be in front of the Board of Health next week for final approval. Mr. Napoli asks about stockpiling and access. He asks that erosion controls extend to the driveway. Mr. Herrick states they will dig and haul. Mr. Napoli states there should be no stockpiling on site. Mr. Saal asks about the existing well. The commission recommends continuing for the Board of Health meeting. The Administrator will draft the OOC. A motion to grant the request for a continuance to the November 4, 2015 meeting is made by Ms. Feltovic, seconded by Mr. Mabon. Vote unanimous. Documents: Application Checklist- Notice of Intent WPA Form 3-Notice of Intent General Information Signatures and Submittal Requirements NOI Wetland Fee Transmittal Form Copy of State and Town Check Narrative Notification to Abutters Certified Abutters List prepared by the North Andover Assessors Department dated October 6, 2015 Affidavit of Service prepared by North East Classic Engineering dated October 7, 2015 Topographic Map prepared by North East Classic Engineering dated July 22, 2015 Town of North Andover Board of Assessors Map dated January 1, 2007 Soil Map prepared by North East Classic Engineering dated July 24, 2015 Soil Map Legend prepare by North East Classic Engineering dated July 24, 2015 Map Unit Legend Soil Map prepared by North East Engineering dated July 24, 2015 Mass GIS Flood Map prepared by North East Engineering dated October 6, 2015 Photos prepared by the North Andover Conservation Department dated October 16, 2015 North Andover MIMAP prepared by the North Andover Conservation Department dated October 19, 2015 242- , 240 Charles Street (Greater Lawrence Sanitary District) (CDM Smith) Richard Weare of GLSD, Benjamin Mosher of CDM Smith and Mary Rimmer of Rimmer Consulting, LLC are present. Mr. Weare introduces the organics to energy project and discusses the grant funding received to construct. Ms. Rimmer reviews the resource areas which are mostly manmade drainage features that have developed into forested wetlands. Mr. Mosher presents the proposal to construct a fourth digester portions of which are in the buffer zone. Mr. Mabon asks about the location of piping and about containment on the new digester. Mr. Mosher states there is containment and gutters. There is also secondary containment from a berm. Mr. Mosher states the tank is cast in place concrete a Mr. Manzi asks about stormwater. Mr. Mosher reviews the analysis. Ms. Feltovic asks about the time frame of the work. Mr. Mosher states work would occur after April of next year and would take approximately 24 months. Mr. McDonough asks about phasing. Mr. Mosher states all work would start at once. A motion to grant the request for a continuance to the November 4, 2015 meeting is made by Ms. Feltovic, seconded by Mr. Mabon. Vote unanimous. Documents: Application Checklist-Notice of Intent Letter prepared by CDM Smith organics to energy project dated October 7, 2015 Table of Contents prepared by CDM Smith WPA Form 3-Notice of Intent General Information Signatures and Submittal Requirements North Andover Conservation Commission Waiver Request Form prepared by CDM Smith dated October 7, 2015 Figure 1 Project Location Plan Figure 2 Estimated Habitats Map Figure 3 Flood Insurance Rate Map Figure 4 Project Aerial Map Project Narrative Notification to Abutters Form Certified Abutters List prepared by the North Andover Assessors Department dated August 24, 2015 Delineation Field Form prepared by Rimmer Environmental Consulting, LLC dated July 9, 2015 Photo1 outer edge perimeter road prepared by Rimmer Environmental Consulting, LLC dated July 9, 2015 Photo2 View west of wetland D prepared by Rimmer Environmental Consulting, LLC dated July 9, 2015 Stormwater Management Report prepared by CDM Smith dated August 20, 2015 Rainfall Data prepared by CDM Smith dated July 14, 2015 Geotechnical Information prepared by CDM Smith dated July 1, 2015 Hydrologic Soil Group prepared by CDM Smith dated July 1, 2015 Figure 1 Subsurface Exploration Location Plan prepared by CDM Smith dated July 1, 2015 Boring Number CDM-1-6 prepared by CDM Smith dated August 7, 2015 Particle Size Distribution Report prepared by CDM Smith dated July 9, 2015 USDA Soil Classification prepared by CDM Smith dated July 10, 2015 Liquid and Plastic Limits Test Report prepared by CDM Smith dated July 10, 2015 Hydro CAD Model prepared by CDM Smith dated August 20, 2015 Operation and Maintenance Plan Long-Term Pollution Preventive Plan prepared by CDM Smith dated August 20, 2015 242-1652, COC Request, 242 Dale Street (Barter & Nigro) (Sullivan Engineering Group, LLC) Administrator states erosion controls still need to be removed and applicant request for a continuance to the November 4, 2015 meeting. A motion to grant the request for a continuance to the November 4, 2015 meeting is made by Ms. Feltovic, seconded by Mr. Mabon. Vote unanimous. Document: E/Mail prepared by Rob Barter of 242 Dale Street request a continuance to the November 4, 2015 meeting dated October 21, 2015 242-115, PCOC 136 Carlton Lane (Lot 18A) (Piecewicz) (Mann & Mann, P. C. Counsellors at Law) Administrator states the Field Inspector visited the site and did not observe any violations. She reviews the aspects of the request that required an as-built. As-built plan was submitted some time ago. A motion to issue the PCOC for 136 Carlton Lane (Lot 18A) only is made by Mr. Manzi, seconded by Ms. Feltovic. Vote unanimous. Documents: Letter prepared by Mann & Mann, P. C. Counsellors at Law dated October 14, 2015 WPA Form 8A-Request for Partial Certificate of Compliance 242-1620, COC Request, 179 Osgood Street (North Andover Historical Society) (TTI Environmental, Inc.) (cont. from 10/7/15) Administrator states the as-built plans have been submitted as requested and states the guardrail was not placed as required. The Conservation Commission discusses the change and determines that the boulders are not substantial enough to protect the resource area. They would like a physical barrier. Mr. Limpert of the Historic District Commission states the guardrail makes the area look too much like a parking lot. Mr. Osgood, Jr. states granite slabs could be used. Mr. Saal recommends larger stones. The applicant asks to continue to discuss a solution. A motion to grant the request for a continuance to November 4, 2015 meeting is made by Ms. Feltovic, seconded by Mr. Manzi. Vote unanimous. Documents: Letter prepared by TTI Environmental, Inc. Request for Certificate of Compliance dated August 18, 2015 Letter Prepared by TTI Environmental, Inc. The guardrail was replaced by with large stones dated August 18, 2015 Letter prepared by TTI Environmental, Inc. Waiver request for $200.00 filing fee dated August 18, 2015 WPA Form 8A-Request for Certificate of Compliance Photos prepared by the North Andover Conservation Department dated October 7, 2015 Decisions 242-1663, 70 Raleigh Tavern Lane Administrator reviews the draft Order of Conditions. The Commission accepts Order of Conditions as drafted and amended. A motion to accept the Order of Conditions as drafted is made by Mr. Mabon, seconded by Mr. Saal. Vote unanimous. 242-1664, Riverview Street Administrator reviews the draft Order of Conditions. The Commission accepts the Order of Conditions as drafted and amended A motion to accept the Order of Conditions as drafted is made by Mr. Manzi, seconded by Mr. Mabon. Vote unanimous. 242-1665, 415 Boxford Street Administrator reviews the draft Order of Conditions. The Commission accepts the Order of Conditions as drafted and amended A motion to accept the Order of Conditions as amended is made by Mr. Manzi, seconded by Ms. Feltovic. Vote unanimous. Discussion-Hunting Half Mile Hill Mr. Manzi addresses a letter received regarding the number of deer on Half Mile Hill and requests that hunting not be allowed. He states Fish and Wildlife has increased the number of hunting permits issued. He believes density is 15x what it should be in this area. He states there is also very little tree regeneration on Half Mile Hill due to the browse. The Conservation Commission takes no action on the hunting at Half Mile Hill. A motion to adjourn the meeting at: 9:15 PM is made by Mr. Feltovic, seconded by Mr. Manzi. Vote unanimous.