HomeMy WebLinkAboutCCMeetingMinutes_08.24.16
North AndoverConservation Commission Meeting Minutes
August 24, 2016
Members Present:
Louis A. Napoli, Chairman, John T. Mabon, Deborah A. Feltovic, Sean F.
McDonough, Douglas W. Saal
Members Absent:
Joseph W. Lynch, Jr. Albert P. Manzi, Jr., Vice Chairman.
Staff Members Present:
Jennifer A. Hughes, Conservation Administrator
Pledge of Allegiance
Meeting came to Order at: 7:00 P.M. Quorum Present.
Approval of Minutes of 7/27/16
Chairman states he has reviewed the meeting minutes and recommends approval.
Mr. McDonough makes a motion to approve the meeting minutes as reviewed.
Ms. Feltovic seconds the motion.
Vote: Unanimous
Public Hearings:
Request for Determination of Applicability
50 Royal Crest Drive, (Local Bylaw Only) (Pond Drainage) (AIMCO North Andover,
LLC) (Cornerstone Land Consultants, Inc.)
Ken Lania of Cornerstone Land Consultants, Inc. is present to represent AIMCO North
Andover.
Mr. Lania presents a plan to repair a lined landscape pond. A prior filing to use the landscape
pond for drainage improvements was withdrawn. Board of Health issues have necessitated
the immediate repair. The repair will result in easier maintenance. Minor work will be
required in the IVW to connect new pipes. New fountains will be installed as prior ones no
longer function. There is an issue with algae and stagnant water. The new system will utilize
bog filtration. There will be no need for chemicals. There will be new electric service and
control structure under the gazebo and a pump and waterline connection. The pond will draw
from an irrigation well and not town water. There will also be The pond
will drain into a catch bas
s.f.). After about 50 years plants will fill in 1/1 and will need to be weeded out. Mr. Lania
notes that the Administrator has identified some of the plants as invasive.
The Administrator states the yellow iris proposed is invasive.
Ms. Feltovic asks about the timeline
Mr. Lania states it will take about 90 days.
Mr. Napoli asks about changes to the depth
Mr. Lania states there is none but that the new eco liner will go on top and may make the
pond 3-
Mr. Napoli asks if the catch basin is part of the drainage project.
Mr. Lania states the catch basin will be offline with a drainage manhole next to it.
The Administrator supplies a photo.
Mr. Lania states the new catch basin pipe can surcharge to the pond.
The Administrator recommends there be an O&M plan for the pond.
Mr. Lania states with the aerators and fountains the water will move. He states the original
pond design is good.
Mr. Saal states the pond is not a good use of money. He asks if fish are planned.
Mr. McDonough motions to issue a Negative Determination #3 under the Bylaw only. Ms.
Feltovic seconds the motion
Vote: unanimous with one abstention (Mr. Mabon arrived after start of hearing).
Documents:
Application Checklist-Request for Determination of Applicability
WPA Form 1-Request for Determination of Applicability
Letter prepared Cornerstone Land Consultants, Inc. Site Plan dated June 26, 2016
General Information
Project Description
Signatures and Submittal Requirements
Copy of Town Check
Locus Map prepared by Cornerstone Land Consultants, Inc. dated June 26, 2016
Aerial Photography prepared by Cornerstone Land Consultants, Inc. dated June 26, 2016
USGS Topographic Maps prepared by Cornerstone Land Consultants, Inc. dated June 26,
2016
NHESP Endangered Species Map prepared by Cornerstone Land Consultants, Inc. dated
June 26, 2016
FEMA Floodplain Map prepared by Cornerstone Land Consultants, Inc. dated June 26,
2016
Zoning Map prepared by Cornerstone Land Consultants, Inc. dated February 20, 2001
NRCS Soils Map prepared by Cornerstone Land Consultants, Inc. dated August 11, 2008
Notification to Abutters Form
Certified Abutters List prepared by the North Andover Assessors Department dated March
19, 2014
Affidavit of Service
Site Plan prepared by Cornerstone Land Consultants, Inc. dated June 26, 2016
Photos prepared by the North Andover Conservation Department dated August 23, 2016
Notice of Intent (NOI)
242- , 50 Royal Crest Drive (off site Inlets) (AIMCO North Andover, LLC)
Ken Lania of Cornerstone Land Consultants, Inc. is present to represent AIMCO North
Andover, LLC.
Mr. Lania notes there is a mistake in the NOI filing and wetland fill associated with the
project has not been documented. Mr. Lania believes he used the old form from a previous
filing. Mr. Lania reviews the proposal to provide wetland storage for the 38 acres of land that
drains to the site.
The administrator states a site visit to view the area was held the last time this was filed.
Mr. Lania states the purpose is to install a bio-cell within the G-train to relieve stress on that
system. The cell will take 30% of the water. Trees in the No-Disturbance Zone will need to
be removed. The area will be revegetated. Stormwater review needs to be coordinated with
Lisa Eggleston.
Mr. Mabon thinks a site walk would be a good idea to review vegetation removal.
Mr. Lania states the trees were marked. He believes it will be an improvement to the Berkley
issues.
Mr. McDonough makes a motion to continue the public hearing to September 14, 2016. Ms.
Feltovic seconds.
Vote: unanimous
Documents:
Application Checklist- Notice of Intent
WPA Form 3-Notice of Intent
General Information
Copy of State and Town Check
Additional Information
NOI Wetland Fee Transmittal Form
Certified Abutters List prepared by the North Andover Assessors Department dated
November 3, 2014
Notification to Abutters Form
Locus Map prepared by Cornerstone Land Consultants, Inc. dated June 26, 2016
Aerial Photography Mass GIS prepared by Cornerstone Land Consultants, Inc. dated June
26, 2016
USGS Map prepared by Cornerstone Land Consultants, Inc. dated June 26, 2016
Mass GIS Topographic Map prepared by Cornerstone Land Consultants, Inc. dated June 26,
2016
NHESP Map prepared by Cornerstone Land Consultants, Inc. dated June 26, 2016
FEMA Firm Map Flood Insurance Rate Map prepared by Cornerstone Land Consultants,
Inc. dated June 26, 2016
North Andover Zoning Map prepared by Cornerstone Land Consultants dated June 26, 2016
Site Plan prepared by Cornerstone Land Consultants, Inc. dated June 26, 2016
Photos prepared by the North Andover Conservation Department dated August 23, 2016
General Business:
242-115, PCOC Request, 120 Carlton Lane (Lot 19A) (Morris, Rossi & Hayes)
The Administrator presents the findings of the field inspector. She states the house and
driveway are outside jurisdictions. She recommends issuing the partial Certificate of
Compliance.
Mr. Mabon makes a motion to issue a partial Certificate of Compliance to 120 Carlton, Lot
19A only. Mr. McDonough seconds the motion.
Vote: unanimous
Documents:
Letter prepared by Jonathan J. Rossi of Morris, Rossi & Hayes Attorneys at Law Request for
Partial Certificate of Compliance dated August 17, 2016
Copy of Town Check
WPA Form 8A-Request for Partial Certificate of Compliance
North Andover MIMAP prepared by the North Andover Conservation Department dated
August 24, 2016
242-1601, Extension Request, Cotuit Street & Leyden Street (Robert Burke, Estate of
Robert J. Burke) (TTI Environmental, Inc.)
The Administrator presents the request to extend the Order of Conditions.
Mr. Mabon states the applicant has requested 3 years but only 1 year is allowed under the
bylaw.
Mr. McDonough makes a motion to extend DEP file #242-1601 for 1 year. Mr. Saal seconds
the motion.
Vote: Unanimous
Document:
Letter prepared by Law offices of John J. Burke, LLC Extension Request dated August 9,
2016
242-1428, Lot 4N-A Turnpike Street (Merrimac Condos) (One Hundred Fourteen Trust)
(Garner Company, Inc.)(cont. from 8/10/16)
Patrick Garner, Tim Barlow and Peter Hingorani are present.
The Administrator outlines the discrepancies shown on the as-built plan.
Mr. Garner pointes to the table on the plan. He outlines that the relocation of the stairs results
in a decrease in impervious area of 30%; the replication area is smaller than required; the
flared end pipes are not in the approved locations; the buffer zone has been reduced from
slope filing and a triangle of BVW was also filled; a retaining wall was not built.
Mr. Garner presents the proposal to remediate the issues: existing replication area will be
extended and an additional 334 s.f. added; the blue area shown on the plan will be 910 s.f. of
replication behind building I; shrubs and trees will be planted where barrier was originally
proposed; the dissapator by I will be relocated; the H dissapator has been relocated; the outlet
behind H will be moved to the edge of the restoration area. Mr. Garner spoke with Lisa
Eggleston regarding the stormwater changes and she agreed there would be little overall
impact form a stormwater perspective given that most of the treatment is provided by the
porous pavement. Mr. Garner states the outlets are only for 100 year storm overflow.
Mr. Mabon asks about wetland fill.
The Administrator states some fill was approved.
Mr. Garner reviews the permitting of the 40B including lots on Berry Street where there is an
additional 5k s.f. of IVW replication. He states if the replication area between F & H is not
succeeding it will be rehabilitated.
The Administrator states she thinks it is a soils issue.
Mr. Mabon asks about the outlet between F & H and if the new location closer to the BVW is
a better or worse position. He states the filled wetland and lost buffer zone is definitely a
worse situation. He asks about the proposed retain walls and the reason for grading.
There is discussion of the prior review of the wetland delineation and the changes resulting
from a survey error.
Mr. Mabon asks about the slope and how the replication area will work.
Mr. Garner states there will be new soils and microtopography in the area.
Ms. Feltovic asks why the Order of Conditions was not followed. She asks why the monitor
was not aware of the errors and the deviations.
Mr. Barlow accepts responsibility for the changes. He states he took leeway when he had
extra upland.
Ms. Feltovic states that he cannot be creative.
Mr. McDonough points out that it is cheaper to grade than build a wall.
Mr. Barlow confirms this but says the project is back on track.
Mr. Napoli states elevations should be on the plan.
Mr. McDonough asks for distances from the wetland.
Mr. Napoli states that he and the staff have been out to the site more than six times for
modifications and he thought there was a good rapport. He states there need to be after the
fact modifications with penalties.
Mr. McDonough asks about the monitor.
Mr. Garner states he is monitoring the site weekly.
Mr. McDonough asks if a better permanent barrier is needed. He states the retaining wall
would have been a better barrier than a fence.
Mr. Garner states the buildings are all in the original locations. He reviews the fill and
replication areas.
The commission discusses a stone wall versus fencing.
Mr. Saal states at one point on the fence line the owner will walk down the steps and into the
fence. Mr. Saal asks why the stairs were moved.
Mr. Barlow states the units are walkouts and lower windows were added the stairs would
have blocked.
Mr. Mabon summarizes the modifications needed: 1. Wetland restoration areas 2.
Stormwater changes 3. Decks and stairs 4. Buffer zone alteration
Mr. Mabon and Ms. Feltovic talk about the need to be consistent.
The Administrator confirms that there will be 4 after the fact modifications.
Mr. Napoli asks about foundations and ledge.
Mr. Barlow states they are drilling the ledge. No blasting.
Mr. Napoli reiterates that elevations need to be on the plan.
Mr. Garner states proposed grades for the replication area will be added.
The Administrator states she will confirm the work to be done in a memo to Mr. Garner.
Mr. McDonough asks for the distances on the stairs.
Mr. Saal asks about the height of the deck on Building K.
The Administrator recommends that the EO be amended to reference the need for the after
the fact modifications.
Ms. Feltovic makes a motion to amend the Enforcement Order requiring the four after the
fact modifications. Mr. McDonough seconds the motion.
Vote: unanimous
Document:
Partial As-Built Plan prepared by Patrick C. Garner Company, Inc. dated August 18, 2016
Decisions
242-1684, Western Branch Railroad Mile Post 28.20
The Administrator reviews the denial. Ms. Feltovic makes a motion to approve the denial as
drafted. Mr. Mabon seconds the motion.
Vote: 5 in favor. Mr. McDonough recuses due to attendance.
242-1685 Western Branch Railroad Mile Post 28.09
The Administrator reviews the denial. Ms. Feltovic makes a motion to approve the denial as
drafted. Mr. Mabon seconds the motion.
Vote: 5 in favor. Mr. McDonough recuses due to attendance.
A motion to adjourn the meeting at: 9 p.m. is made by Ms. Feltovic and seconded by Mr.
McDonough. Vote: unanimous