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HomeMy WebLinkAboutCCMeetingMinutes_10.12.16 North AndoverConservation Commission Meeting Minutes October 12, 2016 Members Present: Louis A. Napoli, Chairman, Albert P. Manzi, Vice Chairman, Joseph W. Lynch, Jr., John T. Mabon, Deborah A. Feltovic, Douglas W. Saal. Member Absent: Sean F. McDonough Staff Member Present: Jennifer A. Hughes, Conservation Administrator Pledge of Allegiance Meeting came to Order at: 7:01PM Quorum Present. Approval of 9/14/16 A motion to approve the minutes of 9/14/16 is made by Mr. Manzi, seconded by Ms. Feltovic. Vote: Unanimous NACC# 178, 730 Winter Street (Norton) The owner Matthew Norton is present. The Administrator presents the homeowners proposal to pave the remainder of his driveway with pervious pavers. There is an exemption for this work under the Wetlands Protection Act (WPA). Mr. Manzi asks if there will be excavation. Mr. Norton states there will not. Mr. Lynch asks about the product to be installed. Mr. Norton states he has had good results with the portion of the driveway he paved previously. He is able to use the snow blower on it and the snow melts quickly. Mr. Lynch. Vote: Unanimous A motion to approve the Small Project Permit as proposed with special conditions for pre and post construction inspections and erosion control is made by Mr. Manzi and seconded by Mr. Lynch. Vote: Unanimous Documents: Application Checklist-Small Project Small Project Procedures Copy of Town Check Plan prepared by the applicant Matthew Norton dated September 23, 2016 Detail of Eco-Priora pavers prepared by the applicant Matthew Norton dated October 7, 2016 Photos prepared by the North Andover Conservation Department dated September 12, 2016 Request for Determination of Applicability 505 Sutton Street (Local Bylaw Only) (Sutton Street Redevelopment, LLC) (LEC Environmental Consultants, Inc.) Richard Kirby of LEC Environmental and Eric Loth of MINCO are present. The Administrator states she has walked the property and observed the off-site wetland. It was not holding water at the time. She states there are no resource areas behind the China Blossom. She did observe facultative plants off property at 59 Surrey Drive. The area is at the base of a slope. There is a delineation for 67 Surrey Drive. Mr. Kirby states the area is isolated. He states investigations were done in another area of the site where there was wetland vegetation. The area had upland soils. Ms. Feltovic asks if she recommends a negative determination. The Administrator states yes but she was only able to observe the area from off-site. Mr. Lynch states the approval of the buffer zone on the subject parcel would only be approximate. The Administrator states yes and local jurisdiction only. Mr. Saal asks what the point of this is as the ZBA would regulate local jurisdiction under a 40B project. The Administrator states the vegetation plus the hydrology is enough to make this a wetland. Mr. Kirby states his delineation is conservative. Mr. Robinson of 68 Surrey asks why a 40B was mentioned. Mr. Lynch states it is only for discussion purposes. Mr. Saal states the discussion would be about jurisdiction. Mr. Duffy of 59 Surrey owns the property where the wetland is located. He states there is standing water there from early spring through June. Mr. Manzi discusses how a wetland is determined. point. Mr. Loth states he did request permission to delineate but was denied access. Mr. Duffy asks what a Request for Determination is. Mr. Manzi explains. Mr. Lynch states the Determination is good for 3 years. Mr. Kirby states the vegetation in the area is very thing. 1,000 s.f. is a presumption. The area may be smaller. Mr. Manzi states allowing access to the property is up to Mr. Duffy. Mr. Duffy states he will consider. Mr. Wakelin of 49 Surrey asks about the delineation lines on the plan. He states he has a wet corner of his lot where grass will not grow. Mr. Manzi asks if it is OK for the Administrator to go on the property. Mr. Lync explains what makes a wetland. He states size and location determine if it is state or locally jurisdictional. The Administrator mentions an area of silky dogwood that was investigated on property. She states she walked the entire back property line. Mr. Kirby describes the topography on site. The owner of 43 Surrey grants permission to visit. Mr. Smolag of 67 Surrey believes there may be an underground spring feeding the wetland. Mr. Lynch asks if 51 Surrey is present. No one answers. Homeowners state that trenches have been dug. The Administrator states there could be issues if there has been alteration. Mr. Lynch tells the abutters that if there is a wetland there will be jurisdiction. Mr. Manzi states this can be confirmed with augering. Mr. Lynch suggests a continuance to give the abutters time to allow access. Mr. Loth of MINCO assents to a continuance. Mr. Manzi explains the subzones on the plan. Mr. Mabon states information is needed on the size of the wetland to determine setbacks and jurisdiction and to determine if it is connected to anything else. Mr. Saal states there are 4 properties along the property line. A motion to continue the hearing to October 26, 2016 is made by Mr. Lynch and 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 Copy of Town Check Notification to Abutters Form Certified Abutters List prepared by the Town of North Andover Assessors Department dated September 14, 2016 Existing Conditions Plan prepared by The Morin-Cameron Group, Inc. dated August 26, 2016, revised dated September 29, 2016 83 Old Farm Road (Buckley) purchased the home a few months ago. The fence would be right at the wetland line in areas. A waiver request has been submitted. Mr. Mabon states there is usually to have a buffer to the wetland to increase its function. The buffer provides filtration prior to recharge. Mr. Buckley state he has maintained the original yard. He states the shed is also original. If -Disturb Zone he will lose usage of the yard. Mr. Saal asks what type of fence is proposed. Mr. Buckley states vinyl along the sides and chain link along the rear of the lot. Ms. Feltovic asks about the debris behind the shed. Mr. Buckley states this was from the prior owner. the house and clean up behind. Mr. Buckley states the shed may not survive the move. Mr. Lynch states he could try to roll the fence. Mr. Manzi states if the shed is compliant the fence is not an issue. Mr. Napoli states the shed should be moved and the fence snaked a distance off of the wetland line. The commission discusses possible fence locations. Mr. Napoli states the wetland must be protected. Mr. Manzi states the shed must be moved as it is a violation. The Administrator states the current shed location should be allowed to revert to natural. Mr. Lynch asks if the dog run is existing. He states the area needs improvement without being onerous. He understands the violation is not the new owner. He states restoring a buffer zone will protect it from pet waste. He states the fence should be squared off rather The Administrator discusses this using the plan. Mr. Lynch recommends a continuance of 2 weeks to determine fence location and put on plan. A motion to continue for a revised scaled plan is made by Ms. Feltovic and seconded by Mr. Manzi. 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 Certified Abutters List prepared by the North Andover Assessors Department dated September 30, 2016 Notification to Abutters Form North Andover MIMAP prepared by the North Andover Conservation Department dated September 23, 2016 French Farm Subdivision prepared by Christiansen & Sergi, Inc. dated July 23, 1985 NHESP Map prepared by the North Andover Conservation Department dated September 29, 2016 USGS Locus Map prepared by the North Andover Conservation dated September 29, 2016 Photo prepared by the North Andover Conservation Department dated October 12, 2016 Notice of Intents (NOI) 242- , 50 Royal Crest Drive (off site Inlets) (AIMCO North Andover, LLC) (Cornerstone Land Consultants, Inc.) The Administrator states the applicant requests a continuance to the 10/26/16 meeting to make revisions to the filing. A motion to continue the hearing to the 10/26/16 meeting is made by Mr. Saal and seconded by Ms. Feltovic. Vote: Unanimous Documents: E/Mail prepared by Cornerstone Land Consultants, Inc. request a continuance to the October 26, 2016 meeting dated October 12, 2016 242-1688, 30 Ironwood Road (Guinee) (Hayes Engineering, Inc.) (cont. from 9/28/16) (Request to cont. to 10/26/16) The Administrator states the applicant has filed with the Planning Board for a Watershed Special Permit. The application is being sent out for stormwater review. The consultant has requested a continuance to the 10/26/16 meeting. A motion to continue the hearing to the 10/26/16 meeting is made by Mr. Saal and seconded by Ms. Feltovic. Vote: Unanimous Documents: E/Mail prepared by Hayes Engineering, Inc. request a continuance to the October 26, 2016 meeting dated October 12, 2016 242- , 150 Flagship Drive (Channel Company, Inc.) (Epsilon Associates, Inc.) Jeffrey Poor of Flagship Press, Mike Howard and Rhianna Sommers of Epsilon Associates, Inc. and Nicole Duquette of MHF Design are present. The Administrator states she reviewed the wetland delineation and made some changes which are reflected on the plan before the commission. Mr. Howard presents the general proposal to add parking at the site adhering to the Bylaw No-Build Zone. Ms. Sommers presents the plan specifics including adding 19 additional parking spaces. She states a prior OOC required stormwater BMPs including a swale on the west side of the drive with a culver under the drive. She states she delineated the BVW and the IVW but the IVW is actually an unmaintained detention basin on the adjacent property. She states there will be No-Build Zone, approximately 240 s.f. Erosion control will also be in the NBZ with haybales at the culvert. She states the culvert also needs repair. Mr. Mabon asks if the grading is permanent and if a retaining wall or fencing is needed. Ms. Sommers states none are needed. Ms. Duquette presents the stormwater management plan. She points out the restrictive buffer and a residential buffer in other areas. She states curbing will be placed along the new spaces and graded back toward the drive. Currently there are no oil/water separators in the catch basins. They are already deep sump. A grass swale and detention basin predate the proposal so they will add pretreatment in the form of a sediment forebay. A new drainage analysis was not done. The old information was TR55 not hydrocad. There is a decrease in the rate of Ms. Duquette reviews the proposed culvert repair. She believes the flared end has separated from the pipe. Mr. Mabon asks if there is uncertainty about the repair. He asks if replacement may be necessary. Mr. Howard states they would consult with the commission if additional work isneeded. Mr. Lynch states extra erosion control may be needed. Mr. Howard states they will present a further plan for repair. Mr. Lynch asks about snow storage. Mr. Poor states a loader pushes the snow to the end of the lot and it is taken away. The commission discusses snow stockpiling. Signage to the north side of the new spaces is needed. The Administrator asks if all new flow will be directed to the catch basins. Answer is yes. Mr. Napoli asks about the fill depth. The commission decides stormwater review is not needed. A motion to continue the hearing to 10/26/16 is made by Mr. Lynch and seconded by Ms. Feltovic. Vote: Unanimous Documents: Application Checklist-Notice of Intent WPA Form 3-Notice of Intent General Information Signatures and Submittal Requirements Project Narrative Figure-1 USGS Locus Map prepared by Epsilon Associates, Inc. dated Basemap 1987 USGS Quadrangles, Mass GIS Figure-2 Aerial Locus Map prepared by Epsilon Associates, Inc. dated Basemap 2013 Orthophotography, Mass GIS Figure-3 Mass DEP Wetlands and FEMA Flood Zones Basemap 2013 Orthography Mass GIS Flood Insurance Rate Map prepared by Epsilon Associates, Inc. dated July 3, 2012 Site Photographs prepared by Epsilon Associates, Inc. dated August 17, 2017 Wetland Determination Data Form dated prepared by Epsilon Associates, Inc. dated August 17, 2016 NOI Wetland Fee Transmittal Form prepared by Epsilon Associates, Inc. Copy of State and Town Check Abutters Notification Form prepared by Epsilon Associates, Inc. Certified Abutters List prepared by the North Andover Assessors Department dated September 14, 2016 North Andover MIMAP prepared by Epsilon Associates, Inc. dated September 14, 2016 Commercial Property Record Card Parcel year2017 prepared by Epsilon Associates, Inc. Affidavit of Service prepared by Epsilon Associates, Inc. dated September 30, 2016 Proposed Parking Expansion 150 Flagship Drive prepared by Epsilon Associates, Inc. September 22, 2016 Existing Condition Plan prepared by MHF Design Consultants, Inc. dated September 22, 2016 Site Layout, Grading, & Drainage Plan prepared by MHF Design Consultants, Inc. dated September 22, 2016 Construction Detail Plan prepared by MHF Design Consultants, Inc. dated September 22, 2016 Stormwater Management Report prepared by MHF Design Consultants dated September 22, 2016 Photos prepared by the North Andover Conservation Department dated October 11, 2016 Amendment 242-1629, 4 W High Street (RCG West Mill NA, LLC) (Civil Design Group, LLC)(cont. from 9/28/16) The Administrator states the Planning Board has issued their decision. She recommends closing and issuing. A motion to close the public hearing and issue a decision in 21 days is made by Ms. Feltovic and seconded by Mr. Manzi. Vote: Unanimous Documents: Amendment Operation and Maintenance Plan prepared by Civil Design Group, LLC dated September 2016 Hydro flow Storm Sewers Extension for AutoCAD Civil 3D 2012 Plan prepared by Civil Design Group, LLC Routing Diagram for Post Development Previous prepared by Microsoft prepared by Civil Design Group, LLC dated September 22, 2016 E/Mail prepared by Eggleston Environmental dated September 28, 2016 Construction Plans prepared by Civil Design Group, LLC dated September 22, 2016 Photo prepared by the North Andover Conservation Department dated September 13, 2016 General Business: 0 Riverview Street (Massachusetts Electric Company)(Easement Request) (cont. from 9/28/16) The Administrator states she and the chairman are planning to attending a meeting with counsel from National Grid to be hosted by GLSD. A motion to continue the matter to the 10/26/16 meeting is made by Ms. Feltovic and seconded by Mr. Mabon. Vote: Unanimous 242-1667, COC Request, 700 Middleton Street (Fischer) (Northeast Classic Engineering) (cont. from 9/28/16) The Administrator states the owner needs to install additional stone at the driveway. A vote to continue the request to the 10/26/16 meeting is made by Ms. Feltovic and seconded by Mr. Manzi. Vote: Unanimous 242-1609, COC Request, 59 Bannan Drive (Blackshaw) (Frank S. Giles II, P. L. S.) The Administrator states the site is constructed in compliance with the Order and is fully stabilized. Erosion controls have been removed and wetland markers have been installed. A motion to issue a full and final Certificate of Compliance is made by Ms. Feltovic and seconded by Mr. Manzi. Vote: Unanimous Documents: Letter prepared by Frank S. Giles, II, P. L. S. dated September 27, 2016 WPA Form 8A-Request for Certificate of Compliance Copy of Town Check As-Built Plan of Land prepared by Frank S. Giles, II, P. L. S. Land Consulting dated August 25, 2016 Photos prepared by the North Andover Conservation Department dated September 12, 2016 Enforcement Order-255 Hay Meadow Road (Ramanujam & Kannan) (cont. from 9/28/16) The Administrator states the homeowner did not obtain a wetland delineation as was required by the prior Enforcement Order. A motion to amend the EO to require the homeowner to get a wetland delineation by November 10 and attend the November 16, 2016 meeting or face fines is made by Ms. Lynch and seconded by Ms. Feltovic. Vote: Unanimous Documents: Violation Letter prepared by the North Andover Conservation Department dated August 19, 2016 Violation Letter prepared by the North Andover Conservation Department dated September 20, 2016 WPA Form 9-Enforcement Order prepared by the North Andover Conservation Department dated October 17, 2016 Photos prepared by the Homeowner dated August 2016 Enforcement Order-83 Campbell Road (Fallon) (cont. from 9/28/16) The Administrator states the homeowner is getting a delineation done and will be filing. A motion to confirm the EO as drafted is made by Ms. Feltovic and seconded by Mr. Manzi. Vote: Unanimous Documents: Enforcement Order Letter prepared by the North Andover Conservation Department dated September 28, 2016 WPA Form 9-Enforcement Order prepared by the North Andover Conservation Department dated September 26, 2016 Photos prepared by the North Andover Conservation Department dated September 26, 2016 Enforcement Order-203 Cotuit Street (Deschamp) The Administrator states a patio was installed within the buffer zone. The homeowner is getting a wetland delineation and will be filing. A motion to confirm the EO as drafted is made by Ms. Feltovic and seconded by Mr. Manzi. Vote: Unanimous. Documents: Enforcement Order letter prepared by the North Andover Conservation Department dated October 5, 2016 WPA form 9-Enforcement Order prepared by the North Andover Conservation Department dated October 5, 2016 Discussion 123 Bonny Lane EO The Administrator explains a violation at the end of Bonny Lane. Commission states an Enforcement Order is needed. A motion to adjourn the meeting at 9 P.M. is made by Mr. Manzi and seconded by Ms. Feltovic. Vote: Unanimous