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HomeMy WebLinkAboutCCMeetingMinutes_08.10.16 North AndoverConservation Commission Meeting Minutes August 10, 2016 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. Member Absent: Sean F. McDonough. Staff Members Present: Jennifer A. Hughes, Conservation Administrator. Pledge of Allegiance Meeting came to Order at: 7:02 PM Quorum Present. Approval of Minutes of 7/13/16 A motion to accept the meeting minutes of 7/13/16 as drafted and reviewed is made by Mr. Manzi, seconded by Ms. Feltovic. Vote unanimous. Request for Determination of Applicability 104 Colonial Avenue (Hansen) (Merrimack Engineering Services, Inc.) The applicant Scott Hansen is not present. The matter is tabled until the end of the meeting. The Administrator presents the proposal to expand the existing deck with sono-tubes outside t- confirmed the wetland delineation and recommends that a small brush pile be removed. A motion to issue a negative determination #3 is made by Mr. Manzi, seconded by Ms. Feltovic with special conditions for erosion controls, pre and post construction inspections and wetland markers at the tree line. Vote unanimous. Documents: Application Checklist-Request for Determination of Applicability WPA Form 1-Request for Determination of Applicability Copy of Town Check General Information Project Description Signatures and Submittal Requirements Letter prepared by Scott & Caroline Hansen the scope of work for replacement of existing and installation of new deck dated July 26, 2016 Notification to Abutters Form Certified Abutters List prepared by the North Andover Assessors Department dated July 21, 2016 Sketch of Deck dimensions prepared by Scott & Caroline Hansen dated July 26, 2016 NHESP Map prepared by the North Andover Conservation Department dated July 26, 2016 USGS Map Locus prepared by the North Andover Conservation Department dated July 26, 2016 Plan of Land prepared by Merrimack Engineering Services, Inc. dated July 18, 2016 Photos prepared by the North Andover Conservation Department dated August 9, 2016 0 Riverview Street (Massachusetts Electric Company d/b/a National Grid) (Coneco Engineers & Scientist, Inc.) Tracey Duarte of Coneco Engineers & Scientist, Inc. is present. Ms. Duarte presents the proposal to install 2 wooden utility poles in Riverfront area to Cochichewick Brook and the Merrimac River. The purpose of the project is to relocate GLSD equipment here. The work is on the roadway shoulder and is exempt under the WPA. The Administrator shares photos with the commission. Mr. Mabon asks if the existing poles will be removed. Ms. Duarte states they will not. The new poles are needed for metering equipment that was previously located at the Riverview pump station. Ms. Feltovic asks about the time need to install the new poles. Ms. Duarte states approximately 1 day. Mr. Manzi asks why new poles are needed. Ms. Duarte restates that it is for new metering equipment. Mr. Manzi asks for a review of the WPA exemption. Mr. Lynch states all work will be from the roadway with no grading and confirms this is why the project is WPA exempt. He asks if the poles will be augered. Ms. Duarte sates they will be directly embedded. Mr. Lynch states existing utilities should be marked to avoid damage to drain lines etc. The Administrator states GLSD already has an easement in this area. Mr. Saal asks where the existing equipment is located. Ms. Duarte states at the GLSD pump station. Mr. Manzi asks if new cables will be required. Ms. Duarte states there will be no new overhead wires. A motion to issue negative determination #3 under the bylaw only is made by Mr. Mabon, seconded by Ms. Feltovic. Vote 5 -1. Mr. Manzi is opposed. Documents: Application Checklist- Request for Determination of Applicability WPA Form 1-Request for Determination of Applicability Project Description Signatures and Submittal Requirements Figure 1. Aerial Locus Plan prepared by Coneco Engineers & Scientists, Inc. dated July 27, 2016 Figure 2. USGS Topographic Map prepared by Coneco Engineers & Scientists, Inc. dated July 27, 2016 Figure 3. Firm-Flood Insurance Rate Map prepared by Coneco Engineers & Scientist, Inc. dated July 27, 2016 Figure 4. Natural Heritage and Endanger Species Habitat and Certified Vernal Pools prepared by Coneco Engineers & Scientist, Inc. dated July 27, 2016 Figure 5. Areas of Critical Environmental Concern prepared by Coneco Engineers & Scientists, Inc. dated July 27, 2016 Appendix A: Copy of Application Fee Check prepared by Coneco Engineers & Scientists, Inc. dated July 26, 2016 Notification of Abutters Form Certified Abutters List prepared by the North Andover Assessors Department dated July 25, 2016 North Andover MIMAP prepared by Coneco Engineers & Scientists, Inc. dated July 25, 2016 Letter notification of Abutters under the North Andover Wetlands Protection Bylaw prepared by Coneco Engineers & Scientists, Inc. dated July 27, 2016 Affidavit of Service prepared by Coneco Engineers & Scientists, Inc. dated July 28, 2016 Permitting Plan, prepared by Coneco Engineers & Scientists, Inc. dated July 27, 2016 Photos prepared by the North Andover Conservation Department dated August 4, 2016 Certified Mail receipts Massachusetts Avenue and Chickering Road (Route125 & 133) (Mass DOT) (CDL Consulting Engineers) Kristen Hayden, P. E. of CDL Consulting Engineers, Inc. and Bryan Cordeiro are present. The Administrator states Mass DOT argues that they are exempt from filing under the local bylaw but there is case law that appears to state filing is required however the local bylaw cannot prohibit them from doing their work. Mr. Lynch asks if this means the filing is incomplete. Ms. Hayden states the applicant wants to know if the area can be used as detention. Final plans would be submitted at a later date. Erosion control would be added at that time. Mr. Cordeiro states Mass DOT acts in the best public interest. He states there will be MEPA review and design public hearings that abutters can attend. He states Mass DOT does not notify abutters. Mr. Manzi notes there are retaining walls being added and there is an increase in pavement. Mr. Manzi makes a motion to issue a positive determination under the WPA. Ms. Feltovic seconds the motion. Mr. Lynch that this is not under the local bylaw. The Administrator states stormwater management is being added to the project. Mr. Manzi states a Notice of Intent is not punitive. Mr. Napoli states this is quite a bit of work. Mr. Cordeiro states the design hearings are for the public to address wetland issues as well. rd Mr. Lynch states under an RDA there is no 3 party review and no discussion of drainage. Mr. Saal states the applicant has not presented all of the information. He states a motion is appropriate. The commission needs all of the information. He states the public should be able to address their concerns with the commission. He states it should be an honest and open discussion. Mr. Lynch states the project should be transparent. He states he is a DPW director and has a great deal of experience working with Mass DOT. He states the commission has 3 options: to require an NOI, continue the RDA for more information or approve the project as proposed. The Administrator states no information was provided on rate and volume of runoff nor on TSS removal. Mr. Napoli asks about the resource area. Ms. Hayden states the drainages goes to Autran Ave. Ms. Hayden states the hydrologic report could be conditioned. Mr. Manzi states the applicant is not offering any evidence to prove that the proposal will not alter the resource area. A negative determination requires additional information. Mr. Saal recommends the applicant submit additional information including a drainage report. The report should show that there is less runoff after construction. He states having all of the information would make this easier to treat as an RDA. Ms. Hayden states this is not an easy project. Mr. Saal recommends continuing and filing an NOI. Mr. Lynch asks about notification. The Administrator states a legal ad was done. Mr. Cordeiro states he cannot commit to notifying abutters. Mr. Manzi states the commission has never waived abutter notification. He states even with that the commission may still issue a positive. The commission discusses the options for moving forward including abutter notification. Mr. Manzi calls for a vote. A motion to issue a positive determination 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 General Information Project Description Signatures and Submittal Requirements Letter prepared by CLD Consulting Engineers Request for Determination of Applicability dated July 29, 2016 C.1.b. Area Description C.2.a. Work Description Summary Locus Map Delineation Field Data Form Chickering Road prepared by Green International Affiliates dated July 29, 2016 Existing Condition Plan prepared by CLD Consulting Engineers, Inc. dated July 29, 2016 Proposed Condition Plan prepared by CLD Consulting Engineers, Inc. dated July 29, 2016 Detention Cross Section Plan prepared by CLD Consulting Engineers, Inc. dated July 29, 2016 Letter prepared by Susan McArthur of Mass DOT, Wetland Supervision Division dated August 1, 2016 E/Mail prepared by Kristen Hayden of CLD Consulting Engineers dated August 1, 2016. Abbreviated Notice of Resource Area Delineation 242-1686, 1210 Osgood Street (Princeton Development, LLC) (Epsilon Associates, Inc.) (Hancock Associates, Inc.) Michael Howard of Epsilon Associates, Inc., Joe Peznola of Hancock Associates and Dick Blakely of Princeton Properties are present. Mr. Howard states the filing is only to confirm the wetland line, no work is proposed. He states test pit work was done. He reviews that this is the old Forgetta Farm site. Billy Barrett previously received approval to build at the site. The plan then was done by Marchionda Associates. Structures were demolished under DEP File #242-1037. Endicott Plaza as it was called had all of its approvals. Work was started but not completed and the site was revegetated. A new applicant now wishes to confirm the wetland boundaries. There are three wetland series and a farm pond. Where wetlands fall on the airport property only approval of the buffer zones is requested. Mr. Howard states he would also like the commission to confirm that there are relics of a constructed stormwater structures (swales and depressions) that are not jurisdictional. He reviews the history of Orders issued for the site. He states two site visits were conducted to review the delineation and the wetland line was adjusted in several locations. Mr. Howard reviews the areas he believes to be non-jurisdictional. Epsilon associates has iled ANRAD. Mr. Lynch states it appears the stormwater work was done under a valid OOC. Mr. Howard reviews what work was done under DEP File #242-1037. He reviews historic aerials. He presents the location of prior test pits/perk tests. He states he does not believe these areas are jurisdictional. Mr. Mabon asks how large the depression is. Mr. Howard states approximately 1,400 s.f. Mr. Mabon states that would be a very large test pit. Mr. Lynch states the land was worked as part of construction and the area was previously used as temporary stormwater storage area. Mr. Howard states this was the lowest point on the site and it was excavated as a permanent basin. Mr. Lynch states this may have been required. Mr. Howard states the basin is an artifact of the construction process. Ms. Feltovic states this is an excellent presentation. Mr. Manzi discusses the farm pond. Mr. Lynch clarifies that an area could be stripped of vegetation and the result is that the land becomes jurisdictional. The commission discusses the regulations cited by Mr. Howard in his presentation. Mr. Howard states DEP File #242-1037 has a Certificate of Compliance in 2006. The project was closed out and properly stabilized. Mr. Peznola speaks to the test pits that were recently dug and the associated clearing. Testing was supposed to be outside of jurisdictional areas. Mr. Lynch states there was cutting in the buffer zone. Mr. Howard sates the site is stabilized and restoration will be addressed in the upcoming filing. Mr. Mabon asks if any test pits were conducted in wetland areas. Mr. Howard points to section 5.0 of the presentation which is the conclusion. The commission discusses the ORAD wording. A motion to issue the ORAD confirming as accurate wetland flags 1-1 through 1-12, 2-1 through 2-9, 2-11 through 2-12, the buffer zones on the property associated with wetland flags 3-1 through 3-16 and FP-1 through FP 17 is made by Mr. Lynch, seconded by Ms. Feltovic. The vote also confirms that WD 1-9 and ED 1-20 are not jurisdictional per the regulations. Vote unanimous. Documents: Application Checklist-Abbreviated Notice of Resource Area Delineation WPA Form 4A-Abbreviarted Notice Resource Area Delineation General Information Area Delineated Fees Signature page 1.0 Introduction Letter prepared by Epsilon Associates, Inc. dated July 29, 2016 ANRAD Narrative 2.0 Existing Site Conditions 3.0 Wetland Resource Areas 3.2 Bordering Vegetated Wetlands Wetland Series 1 (Flags 1-1 through 1-12) Wetland Series 2 (Flags 2-1 to 2-12) Wetland Series 3 (Flags 3-1 through 3-6) Wetland Series FP (Farm Pond) (Flags FP-1 through FP-17) 4.0 Non-jurisdictional Stormwater BMPs 5.0 Conclusion Wetland Series Flag Numbers Figure 1. USGS Locus Map Legend Project Boundary (approximate) Figure 2. Aerial Locus Map Legend Parcel Boundary (approximate) Figure 3. Mass DEP Wetlands Map and Hydrologic Layer Figure 4. NHESP and Vernal Pool Map Figure 5. Flood Plain Map Wetland Determination Data Form prepared by Epsilon Associates, Inc. dated June 1, 2016 Existing Conditions ANRAD Plan prepared by Hancock Associates, Inc. dated June 21, 2016 242-1685, Western Branch Railroad Mile Post 28.09 (Keolis Commuter Services, LLC) (PEER Consultants, (cont. from 7/27/16) David Gorden of PEER Consultants, P. C. is present. He requests that due to the health and safety issues associated with the culvert repair that the commission close the public hearing and vote. Mr. Manzi makes a motion to close the public hearing and issue an Order of Conditions in 21 days. Mr. Lynch states DEP has requested more information and the applicant should reconsider closing the public hearing. Mr. Gorden reiterates his request. Vote Unanimous Document: No new information has not been submitted 242-1684, Western Branch Railroad Mile Post 28.20 (Keolis Commuter Services, LLC) (PEER Consultants, P. C.) (cont. from 7/27/16) David Gorden of PEER Consultants. P. C. is present. See summary above. Document: No new information has been submitted General Business: Enforcement Order Update-242-1428, Lot 4N-A Turnpike Street (Merrimac Condos) (One Hundred Fourteen Trust) (Garner Company, Inc.) (cont. from 7/27/16) The applicant Pribhu Hingorani of One Hundred Fourteen Trust and Timothy Barlow, Builder and Patrick C. Garner of Garner Company, Inc. are present. - built plan. Mr. Garner states the wetland line is the same and much of the work being discussed has been in place for 9 months. The Administrator reads the previously issued Enforcement Order stating what was required of the applicant. Mr. Garner presents the plan dated August 5, 2016. The Administrator presents the chronology of how the violations were discovered and over what period of time. Mr. Mabon states the commission allowed work to continue and they did not get what they asked for. They need the correct information before the problems get worse. Mr. Garner states there is room on site for everything to be built according to the plan. The stairs which triggered the concern are actually a reduction in impervious area. The retaining walls can also be built although grading is probably a better solution. The replicated wetland is smaller than approved but can be redug and replanted. He recommends meeting quickly to discuss the solution. Mr. Mabon and Mr. Manzi state they would like to see a clear list of what is to be done tonight. Mr. Lynch asks about occupancy. The Administrator states for the most recent buildings occupancy forms were not signed. Mr. Napoli states an overlay plan is needed for the areas between H and I. Mr. Manzi states the cease and desist should stay in place. Mr. Lynch states the Enforcement Order should be amended to extend to 8/24/16. Mr. Manzi agrees. Mr. Barlow asks if framing can continue. The answer is yes. Mr. Manzi votes to amend the EO to extend to 8/24/16 with framing allowed. Mr. Lynch seconds the motion. Vote unanimous. Documents: WPA Form 9-Enforcement Order WPA Form 9- Amended Enforcement Order prepared by the Conservation Department dated July 26, 2016. Plan titled As-Built Construction Plan dated August 5, 2016. A motion to adjourn the meeting at: 9:30 PM