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HomeMy WebLinkAboutCCMeetingMinutes_12.16.15 North Andover Conservation Commission Meeting Minutes December 16, 2015 Members Present: Louis A. Napoli, Chairman, Albert P. Manzi, Jr., Vice Chairman, Joseph W. Lynch, Jr., John T. Mabon, Deborah A. Feltovic, Douglas W. Saal, Sean F. McDonough (arrived at 8:15 p. m.) Staff Members Present: Jennifer A. Hughes, Conservation Administrator, Heidi M. Gaffney, Conservation Field Inspector, Donna M. Wedge Conservation Secretary. Pledge of Allegiance Meeting came to Order at: 7:02 PM Quorum Present. Approval of Minutes of 12/2/15 A motion to accept the meeting minutes of 12/2/15 as drafted and reviewed by the chairman is made by Mr. Manzi, seconded by Ms. Feltovic. Vote unanimous. Public Meeting: 7:04PM Small Project NACC#165, 299 Webster Woods Lane (Zinter) The Field Inspector states the applicant proposes to install an egress window well. Mr. Mabon asks about the dimensions of the egress. Ms. Feltovic asks about ease of access through the window. A motion to accept the proposal as a small project 4.4.2L is made by Mr. Manzi, seconded Mr. Lynch. Vote unanimous. A motion to approve the project as proposed with conditions for pre and post constructions inspections is made by Mr. Lynch, seconded by Ms. Feltovic. Vote unanimous. Documents: Application Checklist-Small Project Small Project Procedure Copy of Town Check Description prepared by Paul Hutchins dated December 8, 2015 Sketch of the window well dated December 1, 2015 Plan of land prepared by Paul Hutchins dated December 1, 2015 Photos prepared by the North Andover Conservation Department dated December 14, 2015 NACC#166, 1055 Salem Street (Moore) The Field Inspector presents the proposal to connect the home to natural gas in the street. Mr. Manzi confirms that he does not have a conflict. Mr. Lynch asks about sewer. Field inspector states house is on septic and has a COC. A motion to accept the filing as a small project 4.4.2.L is made by Mr. Manzi, seconded by Mr. Mabon. Vote unanimous. A motion to approve the proposal as presented with conditions for pre and post construction inspections is made by Mr. Manzi, seconded by Mr. Mabon. Vote unanimous. Documents: Application Checklist-Small Project Small Project Procedures Copy of Town Check Letter description of work prepared by Tyson & Rebecca Moore of 1055 Salem Street dated December 3, 2015 Plan of Land prepared by Tyson and Rebecca of 1055 Salem Street dated December 3, 2015 Photos prepared by the North Andover Conservation Department dated December 14, 2015 NACC#167, 28 Morningside Lane (Evangelista) The Field Inspector presents the proposal to replace the existing deck with a smaller deck and stairs in the footprint of the old deck. She states the current shed is in violation of the No- Build Zone. A motion to accept this as small project 4.4.2B as drafted is made by Mr. Manzi, seconded by Ms. Feltovic. Vote 6-1 with Mr. Lynch opposing. The commission discusses how to deal with the violation. Mr. Manzi suggests letting the project stand and issue an EO for the shed. He states the EO should require the shed be brought into compliance by January 15. A motion to approve the project as proposed and issue an Enforcement Order to move the shed outside of the 25-foot No-Disturbance by January 15, 2016 or fines is made by Mr. Manzi, seconded by Ms. Feltovic. Vote unanimous. Documents: Application Checklist-Small Project Small Project Procedures Copy of Town Check Sketched Plan description of work prepared by David Evangelista dated December 11, 2015 Field Sketched Plan prepared by Hancock Environmental Consultants dated December 4, 2015 Department dated December 11, 2015 North Andover MIMAP prepared by the North Andover Conservation Department dated December 3, 2015 Photos deck on site prepared by the North Andover Conservation Department dated December 1, 2015 Photos of deck removed prepared by the North Andover Conservation Department dated December 11, 2015 Request for Determination of Applicability 495 Forest Street (Haley) The applicant Josiah Haley of 495 Forest Street is present. approximately 65-feet from the wetland and within an existing lawn area. Mr. Mabon asks about the setback since it is not shown on the plan. The Field Inspector confirm A motion to issue a negative determination #3 and with conditions for pre & post construction inspections is made by Mr. Mabon, seconded by Mr. Lynch. 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 E/Mail prepared by Natural Heritage stating the applicant does not have to file with natural heritage for installation of a shed dated December 7, 2015 NHESP Map prepared by the North Andover Conservation Department dated December 7, 2015 USGS Map prepared by the North Andover Conservation Department dated December 7, 2015 Certified Abutters List prepared by the Town of North Andover Assessor Department dated December 4, 2015 Notification to Abutters Form As-Built Conditions Plan prepared by Pennoni Associates, Inc. dated April 9, 2014 Photos prepared by the North Andover Conservation Department dated September 29, 2015 Notice of Intent (NOI) 242- , 492 Sutton Street (Lawrence Municipal Airport) (Stantec Consulting Services, Inc.)(cont. from 12/2/15) Randall P. Christensen of Stantec Consulting Services, Inc. is present. Mr. Napoli is an abutter to the project and recuses himself. The Administrator states she received a summary of the proposed changes to the wetland line and confirmed them. Revised plans will be submitted when commission comments are incorporated into the plans. She states that after further review of the proposal she recommends third party review of the stream relocation. Mr. Christensen states he accepts the need for third party review but asks that a field visit with the consultant be allowed. Mr. Lynch asks Mr. Christensen to present the stream relocation plan. Mr. Christensen states he proposes to relocate the stream rather than culvert it based on the wildlife habitat assessment and the fact that there is a wildlife corridor on the property. Mr. Mabon asks if the airport has any objection to the third party review. Mr. Christensen consults with Mr. Miller, airport manager, and states that they do not. The Administrator asks about the scope of the review. Mr. Lynch states the alternatives analysis should be reviewed. Mr. Christensen states impacts can be minimized with a culvert. Mr. Lynch asks what happens to habitat under the culvert scenario. Mr. Manzi states the alternatives need to be reviewed. The commission discusses the scope and process for third party review. A motion to require third party review of the environmental and hydrologic design of the proposed stream relocation as well as the alternatives with the applicant to escrow $10,000 dollars is made by Mr. Lynch, seconded by Mr. Mabon. Vote 6-1 (Mr. Napoli recused) A motion to grant the requests for a continuance to the January 13, 2016 meeting is made by Ms. Feltovic, seconded by Mr. Mabon. Vote 6-1 (Mr. Napoli abutter) 242-1669, 265 Summer Street (Corliss) (Williams & Sparages) (cont. from 12/2/15) (Request to cont. to 1/13/16) A motion to grant the requests for a continuance to the January 13, 2016 meeting is made by Ms. Feltovic, seconded by Mr. Lynch. Vote unanimous. Document: E/Mail prepared by Williams & Sparages, Inc. requests for a continuance to the January 13, 2016 meeting dated December 16, 2015 242- , 22 Harkaway Road (Brien) (Andover Consultants, Inc.) The applicant Andrew Brien of 22 Harkaway Road is present. The Administrator distributes photos of the property and reviews the proposal is to construct an addition on a foundation approximately 62-feet from Bordering Vegetated Wetland associated with an intermittent stream to the rear of the property. The applicants submitted a waiver for topo on the plan as the yard is very flat. The commission discusses invasive species growing on and near the property and how this would affect the No-Disturb Zone if it were required that the owner let if re-vegetate. Mr. Lynch states erosion control is likely not needed across the lot, only around any stockpiled soil. Mr. Napoli asks about construction access. Mr. Brien states it will be over the existing drive. Mr. Saal states the photo does not match the footprint shown on the plan. Mr. Brien states the porch was removed. A motion to accept the waiver request is made by Mr. Manzi, seconded by Mr. Lynch. Vote unanimous. A motion to grant the request for a continuance to the January 13, 2016 meeting is made by Mr. Manzi, seconded by Ms. Feltovic. Vote unanimous. Documents: Application Checklist-Notice of Intent WPA Form 3-Notice of Intent General Information Additional Information Signatures and Submittal Requirements NOI Wetland Fee Transmittal Form Copy of State & Town Checks North Andover Conservation Commission Waiver Request Form dated December 1, 2015 Photo prepared by Andrew Brien of 22 Harkaway Road dated August 2015 NHESP Map prepared by the North Andover Conservation Department dated December 4, 2015 USGS Map prepared by the Conservation Department dated December 4, 2015 Certified Abutters List prepared by the Town of North Andover Assessors Department dated November 23, 2015 Notification to Abutters Form Plan of Land prepared by Andover Consultants, Inc. dated October 29, 2015, revised November 18, 2015 Photos prepared by the North Andover Conservation Department dated December 10, 2015 242-1671, 2302 Turnpike Street (Earthworks, Inc.) (Williams & Sparages) The applicants Danny Gill and Norman Gill of Earthworks, Inc. and Chris Sparages of and Gregory Hochmuth of Williams & Sparages are present. The Administrator states she reviewed and approved the wetland delineation. Mr. Sparages reviews the proposal to relocate Earthworks business to the site as well as construct additional retail, office and storage space at the site. The building will be two stories at the center and fill will be required to bring up the grade. Access will be off of Sharpners Pond Road and heavy equipment will have a second entrance. Portions of the exterior storage building, the stormwater management area and a retaining wall will be system including deep sump catcha basins, a forebay and infiltration basin. Additional test pits are needed according to DEP comments and third party review by Eggleston Environmental. He reviews the necessary retaining walls in the No-Build and the alternatives. He presents possibility of rain garden in the ROW as proposed by the Administrator. Mr. Mabon asks about the wetland flags associated with the intermittent stream. Mr. Hochmuth states that there is a flow path in that location but no hydric soils. Mr. Mabon asks about the alternatives analysis? Administrator states the applicant was told to submit alternative analysis for work in the 50- foot No-Build zone. Mr. Lynch discusses the O&M plan and the proposed use for the site. Bulk material management will need to be addressed. Landscaping sites can often be the worst sites to manage. He also states a cross section and detail of the down gradient berm in the infiltration basin is needed. Mr. Manzi asks why the NOI states there are no unique habitat features on the site yet the site is within Priority Habitat designated by NHESP. Mr. Hochmuth states blandings turtle is the species of concern at the site and their emergent marsh habitat is some distance away. The work in the deciduous fringe is not important habitat for the turtles. Mr. Manzi asks about the water table. Mr. Sparages reviews the water table elevations found in the test pits. He also discusses the soil maps and the varied soils found on site. Mr. Gill states a 21E was done and a copy can be provided. Mr. Napoli discusses the view of the site at the entrance to town. He states stormwater is critical since the site is lower than the road. Mr. McDonough asks about the need for waivers and reminds the applicant that reducing the size of the project is an alternative. Mr. Saal states that a rain garden in the ROW would need to be maintained by the applicant. Mr. Sparages agrees. The commission discusses the scale of the plan. A motion to grant the requests for a continuance to the January 13, 2016 meeting is made by Mr. McDonough, seconded by Ms. Feltovic. Vote unanimous. Documents: Application Checklist-Notice of Intent WPA Form 3-Notice of Intent General Information Additional Information Copy of State and Town Checks Signatures and Submittal Requirements Owners Authorization Property Narrative Locus Map prepared by Williams & Sparages dated August 27, 2015 Mass DEP Bordering Vegetated Wetland (310 CMR 10.55) Delineation Field Data prepared by Williams & Sparages dated August 27, 2015 Photos prepared by Williams & Sparages dated November19, 2015 Affidavit of Service prepared by Williams & Sparages dated November 19, 2015 Notification to Abutters Form Certified Abutters List prepared by the Town of North Andover Assessors Department dated August 31, 2015 Town of North Andover Board of Assessors prepared by Williams & Sparages dated January 1, 2007 NOI Wetland Fee Transmittal Form Site Plan prepared by Williams & Sparages dated November 4, 2015 Earthworks Site Plan Development Plan Location Plan prepared by Williams & Sparages dated November 4, 2015 Earthworks Site Development Plan existing conditions dated November 4, 2015 Earthworks Site Development Plan grading and drainage prepared by Williams & Sparages dated November 4, 2015 Earthworks Site Development Utility Plan prepared by Williams & Sparages dated November 4, 2015 Earthworks Site Development Plan Survey & Layout Plan prepared by Williams & Sparages dated November 4, 2015 Earthworks Site Development Plan Photometric Plan prepared by Williams & Sparages dated November 4, 2015 Earthworks Site Development Plan Details Plan prepared by Williams & Sparages Dated November 4, 2015 General Business Conservation Restriction, 16 Berry Street (North Andover Holdings, LLC) A motion to accept the conservation restriction as previously reviewed and approved by town counsel is made by Ms. Feltovic, seconded by Mr. Manzi. Vote unanimous. Document: Conservation Restriction from North Andover Holdings, LLC, to the Town of North Andover, Massachusetts by and through its Conservation Commission(17 pages). SupportLetter for Bay Circuit Trail Administrator reviews the grant proposal from the Bay Circuit Trail to get funding to reroute a section of trail away from the former Nike site and off Sharpeners Pond Road. The volunteers will need to come to the commission for a permit for boardwalks and plantings but are looking for support for their grant proposal. A motion to authorize the chairman to sign the support letter to the Bay Circuit Trail is made by Ms. Feltovic, seconded by Mr. Manzi. Vote unanimous. Document: E/Mail prepared by Michael Agosti and Glen Aspeslagh and map of site work on trials on the Middleton Town Line and proposed gate. Map prepared by Glen Aspeslagh showing one trail in North Andover Photos of Trails 1 thru 5 dated December 9, 2015. Bylaw Regulations Revisions (cont. from 11/4/15) Administrator states she has a meeting scheduled for Thursday to review the draft with Eggleston Environmental. A motion to grant the requests for a continuance to the January 13, 2015 meeting is made by Ms. Feltovic, seconded by Mr. Mabon. Vote unanimous. Windrush Farm Trail Run Jennifer Watssan & Jeffrey Hixonfrom Windrush Farm are present. Administrator reviews the proposal from Windrush to hold a trail run on portions of the property under the care, custody and control of the commission. Essex County Greenbelt, the CR holder on the property, also approves. Mr. Lynch clarifies that this would be a foot race not horses. Mr. Hixon confirms. Ms. Mabon states the race is a great way to promote trail use. Mr. Lynch asks about numbers of people. Ms. Watssan states they expect about 100 to 150 people to participate. Mr. Manzi states it is good to be prepared and anticipate any possible impacts. He asks about the race distance. Mr. Hixon states Windrush will be sure any trail impacts are addressed. They are already accustomed to taking care of the trails. The race date is scheduled for June 16, 2016. A motion to grant approval to host the trail run on property under the care of the commission is made Mr. Lynch, seconded by Ms. Feltovic. Vote unanimous. Document: E/Mail Letter prepared by Windrush Farm to present the scope of the trails and map dated November 24, 2015 242-1626, Request Partial Bond Release, 1101 Turnpike Street (Metro West Realty Company) Administrator states the slip lining project is complete and the majority of the site has been stabilized. Mr. Saal discusses reasons for holding ½. A motion to issue the release of $5,000 dollars is made by Mr. Mabon, seconded Ms. Feltovic. Vote unanimous. Document: Letter prepared by T Ford Company requesting a partial bond release dated December 9, 2015 242-1572, COC Request, 108 Campion Road (Montopoli) (Andover Consultants, Inc.) The Administrator presents the project which started as a violation for cutting large pine trees. Landscaping was done and stone wall was constructed. The required monitoring has occurred. Mr. Saal asks if the bond is automatically returned. Administrator states that it is when COC is issued. A motion to issue the COC is made by Mr. McDonough, seconded by Ms. Feltovic. Vote unanimous. Documents: Letter prepared by Wright Spaces Landscape Design signed by Judy Wright dated November 18, 2015 Letter prepared by Barbara Montopoli of 108 Campion Road requesting a Certificate of Compliance dated November 23, 2015 WPA Form 8A-Request for Certificate of Compliance Landscaping Plan listing the plantings plan prepared by Wright Landscape Design November 18, 2015 Photos prepared by the North Andover Conservation Department dated October 9, 2013 Photos prepared by the North Andover Conservation Department dated October 22, 2012 Photos prepared by the North Andover Conservation Department massgis dated October 16, 2012 242-1615, 105 Carlton Lane (Cordaro) (American Land Survey Associates, Inc.) The applicant Emily Cordaro of 105 Carlton Lane is present. The Field Inspector states the as-built shows that all work was done in compliance with the order and that the site is fully stabilized. A cartridge style filter was installed. The commission asks what the surface is under the pergola. The Field Inspector states it is stone and Ms. Cordaro concurs. A motion to issue the COC is made by Mr. McDonough, seconded by Ms. Feltovic. Vote unanimous. Documents: Letter prepared by American Land Survey Associates, Inc. stating that the conditions were found to be substantial compliance with the Order of Conditions dated January 8, 2014 WPA Form 8A-Request for Certificate of Compliance Appendix A-Affidavit dated November 30, 2015 As Built Plan of Land prepared American Land Survey Associates, Inc. dated September 1, 2014 revised November 30, 2015 Photos prepared by the North Andover Conservation Department dated December 14, 2015 242-1616, COC Request, 316 Great Pond Road (Karras) (Sullivan Engineering Group, LLC) The applicant Bill Karras of 316 Great Pond Road is present. The Field Inspector the site is in compliance with the order. A fire pit was added and the concrete pad was constructed but shed not placed yet. A motion to issue the COC is made by Mr. McDonough, seconded by Ms. Feltovic. Vote unanimous. Documents: Letter prepared by Alpha Omega Landscape Services inspection of plant material dated December 15, 2015 Photos prepared by Alpha Omega Landscaping Services of the planting dated December 15, 2015 Letter prepared by Sullivan Engineering Group, LLC requesting a Certificate of Compliance dated November 13, 2015 WPA Form 8A-Request for Certificate of Compliance As-Built Plan of Land prepared by the Sullivan Engineering Group, LLC dated November 13, 2015 Photos prepared by the North Andover Conservation Department dated December 14, 2015 242-1654, COC Request, 110 Farnum Street (Burns) (Merrimack Engineering Services, Inc.) Field Inspector states the as-built shows the septic was installed in compliance with the Order of Conditions. Waivers were granted. The site is stabilized. A motion to issue the COC is made by Mr. McDonough, seconded by Ms. Feltovic. Vote unanimous. Documents: Letter prepared by Merrimack Engineering Services, Inc. request for Certificate of Compliance dated November 19, 2015 WPA Form 8A-Request for Certificate of Compliance As-Built Plan of Land prepared by Merrimack Engineering Services, Inc. dated November 12, 2015 Photos prepared by the North Andover Conservation Department dated December 14, 2015 242-1601, PCOC Request, 19-21 Cotuit Street (Seaport Homes, LLC) (cont. from 12/2/15) A motion to grant the request for a continuance to the January 13, 2016 meeting is made by Mr. McDonough, seconded by Ms. Feltovic. Vote 6 in favor 1 recused (Lynch). Documents: Letter prepared by Law Offices of John J. Burke, LLC requests for a continuance to the January 13, 2016 dated December 15, 2015 242-1620, COC Request, 179 Osgood Street (North Andover Historical Society) (TTI Environmental, Inc.)(cont. from 12/2/15) The applicant Joseph LaGrasse of the North Andover Historical Society is present. Mr. LaGrasse states initially the guardrail was too expensive. There is some money left in the CPA grant and putting junipers between the large rocks is one option. He states that if the barrier does not have to hold back a car he would just need a detail. The Administrator states there is already a detail on the plan. A motion to grant the requests for a continuance to the January 13, 2016 meeting is made by Mr. McDonough, seconded by Ms. Feltovic. Vote unanimous. Document: Verbal requests for a continuance to the January 13, 2016 meeting presented by Mr. Joseph LaGrasse of the North Andover Historical Society Enforcement Order 242-1261 & 242-1601, Cotuit Street (Burke & Seaport Homes, LLC) (cont. from 12/2/15) The Administrator reviews the status of the homeowners association. One owner has not signed. She recommends issuing updated EO to just that owner. Mr. Manzi states owner should receive a copy of the OOC and a Form A Affidavit as well. Administrator states she will proceed in that manner. A motion to grant the request for a continuance to the January 16, 2016 meeting is made by Mr. Manzi, seconded by Ms. Feltovic. Vote unanimous. 242-1559, 40 Sugarcane Lane (LaGrasse Family Realty Trust) Administrator reviews the email she received stating the shed had been moved without instituting the permit. Mr. LaGrasse admits to not following the permit and has called Hancock Environmental to monitor and have an as-built done. He would like to have the fine rebated. Mr. Manzi and Mr. Napoli state that the work required by the EO should be completed and then they will consider the fine. A motion to grant a continuance to January 13, 2016 is made Ms. Feltovic, seconded by Mr. Lynch. Vote unanimous. 29 Mablin Avenue (Ratification of Enforcement Order) Administrator states the Enforcement Order just needs to ratification. A motion to ratify the Enforcement Order is made by Mr. Manzi, seconded by Mr. Mabon. Vote unanimous. A motion to adjourn the meeting at: 9:05 PM is made by Mr. Manzi, seconded by Ms. Feltovic. Vote unanimous.