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HomeMy WebLinkAboutCCMeetingMinutes_11.30.16 North AndoverConservation Commission Meeting Minutes November 30, 2016 Members Present: Louis A. Napoli, Chairman, Albert P. Manzi, Vice Chairman, Joseph W. Lynch, Jr., Sean F. McDonough (arrived 7:30 p.m.), Douglas W. Saal, John T. Mabon. Members Absent: Deborah A. Feltovic Staff Members Present: Jennifer A. Hughes, Conservation Administrator Pledge of Allegiance Meeting came to Order at: 7:05PM Quorum Present. Approval of Minutes of 10/12/16  A motion to accept the meeting minutes of 10/12/16 is made by Mr. Manzi and seconded by Mr. Mabon.  Vote: unanimous NACC# 180, 88 Duncan Drive (Wiemam)  The Administrator presents the proposal to replace the existing stairs and walkway. This project received a COC earlier this year.  Mr. Manzi votes to consider the proposal as a small project L.  Mr. Mabon seconds the motion.  Vote: unanimous.  Mr. Manzi votes to approve the project as proposed with a special condition for a post construction inspection.  Mr. Mabon seconds the motion.  Vote: unanimous. Documents:  Application Checklist-Small Project  Small Project Procedures  Copy of Town Check  Letter prepared by Trepanier Remodeling LLC dated November 23, 2016  Photo of Front Stairs and patio prepared by Trepanier Remodeling LLC dated November 23, 2016  Existing Conditions As-Built Plan dated March 25, 2016  Photos prepared by7 the North Andover Conservation Department dated April 27, 2016 Request for Determination of Applicability 148 Main Street (Sutton Pond Condos)(CMA Engineers, Inc.)  The Administrator reviews the proposal to replace the existing water main.  Philip Corbett of CMA Engineers introduces Donald Moriarty of the Sutton Pond Condominium Association. Mr. Corbett explains issues with shutdown when the water main breaks.  Mr. Lynch asks if the new line will be any closer to resource areas than the existing line.  Mr. Corbett states that it will not.  Mr. Lynch asks about the need to stockpile materials (stone, gravel, etc.)  The Administrator states catch basin protection is proposed.  Mr. Lynch asks about the timing of the work.  Mr. Corbett states they would like to at least update the valves this season.  Mr. Napoli asks how deep the new line will be.  Mr. Corbett states 5’ to the top of the pipe.  Mr. Mabon asks if a new dewatering detail will be submitted since the proposed dewatering bag is not adequate.  The commission discusses a dewatering location. It is decided that this will be field determined.  Mr. Mabon asks how long the pavement will be disturbed.  Mr. Corbett states it will be a few weeks.  Mr. Saal asks if the project is out to bid.  Mr. Corbett states the contractor is ready to go.  There is a discussion about paving in the winter months.  The commission discusses a discrepancy in the abutter notification since the Conservation Department’s old address was used.  Mr. Manzi states all parties knew of the hearing.  Mr. Lynch states the Commission’s phone number is the same.  The Administrator will confirm with Town Counsel that the abutter notification error is not grounds for appeal.  The Administrator asks if the work will be covered daily to meet the Mass WPA exemption.  Mr. Corbett states it will.  Mr. Lynch asks if this meets the regulations for a WPA exemption.  The Administrator states it does. The WPA does not require the applicant to be a public entity.  Mr. Lynch asks if the Water Department has approved the project and if it will follow the existing alignment. He asks if there will need to be bypass pumping.  Mr. Corbett addresses these issues.  The commission discusses the notification issue again and discusses closing the public hearing. They discuss the approval process.  Mr. Moriarty asks to move forward because breaks are very expensive for the community. He states work with Tim Willet and the Water Department has been excellent.  Mr. Lynch makes a motion to approve the waiver requests as all work is within existing pavement.  Mr. Manzi seconds the motion.  Vote: Unanimous  Mr. Lynch makes a motion to issue a Negative #3 and #5 and a Positive #2b with a special condition that a stockpile area shall be designated.  Mr. Mabon seconds the motion.  Vote: Unanimous Documents:  Letter prepared by CMA Engineers, Inc. dated November 17, 2016  Project Description  Application Checklist-Request for Determination of Applicability  Project Description  Signatures and Submittal Requirements  North Andover Conservation Commission Waiver Request Form dated November 17, 2016  Notification to Abutters Form  Certified Abutters List prepared by the North Andover Assessors Department dated November 17, 2016  USGS Aerial Map prepared by CMA Engineers, Inc. dated November 17, 2016  Photograph No:1-7 prepared by CMA Engineers, Inc. dated November 2016  Sutton Pond Condominium Association Water Main Replacement Project Plan prepared by CMA Engineers, Inc. dated November17, 2016 Abbreviated Notice of Resource Area Delineation 242- , 185 Great Pond Road (Peele) (Williams & Sparages)  Greg Hochmuth of Williams & Sparages presents the delineation done for the property. He states it is largely a toe of slope wetland and much of it is off-site.  Mr. Napoli states that without a file number this will need to continue.  A motion to continue the public hearing to December 14, 2016 is made by Mr. McDonough and seconded by Mr. Lynch.  Vote: Unanimous Documents:  Application Checklist-Abbreviated Notice of Resource Area Delineation  WPA Form 4A-Abbreviated Notice of Resource Area Delineation  General Information  Areas Delineated  Fees Copy of State & Town Checks  Signatures  ANRAD Wetland Fee Transmittal Form  Copy of State and Town Checks  Submittal Requirements  Plan to Accompany an Abbreviated Notice of Resource Area Delineation prepared by Williams & Sparages dated November 18, 2016 Notice of Intent (NOI) 242- , 50 Royal Crest Drive (off site inlets) (AIMCO North Andover, LLC) (Cornerstone Land Consultants, Inc.) (cont. from 11/16/16)  Ken Lania of Cornerstone Land Consultants is present to represent Royal Crest. He states he is sorry for the lack of communication regarding this proposal. He has been dealing with Board of Health issues and work has started on the ornamental pond.  The Administrator states that she was not aware that the pond work had started. She states a preconstruction meeting was required.  Mr. Lania states that he would like to withdraw this proposal as he believes the wetland may not be Bordering Vegetated Wetland.  A motion to withdraw without prejudice is made by Mr. Manzi and seconded by Mr. McDonough.  Mr. Lynch states the applicant will need to pay a new DEP filing fee.  The Administrator states no new bylaw fee would be required.  Vote: Unanimous Document: No new information 242- , 808 Johnson Street (Nicholas Chapman, TR BJF Trust) (Christiansen & Sergi, Inc.)  Phil Christiansen of Christiansen & Sergi, Inc. is present to represent the applicant.  The Administrator states a new plan was received today showing a stockpile location and construction access.  Mr. Napoli asks if the applicant has approval from the Board of Health (BOH).  Mr. Christiansen states he has applied.  The Administrator asks why the system cannot be located outside the 100’ Buffer Zone.  Mr. Christiansen states soils are better inside the 100’. He states would need a pump if designed outside the 100’ Buffer Zone. He states the proposed system complies with Title V.  Mr. Lynch asks if the Administrator is satisfied with the information provided.  The Administrator states there was no soil testing done outside the 100’ Buffer Zone.  Mr. Christiansen states there were trees located outside the 100’ Buffer Zone that indicated the soils were not good.  Mr. Lynch states he recalls that the frontage of lots of Johnson Street in this area contain a lot of fill material.  Mr. McDonough asks if any waivers are required.  The Administrator states the only waiver would need to be granted by the BOH.  Mr. Napoli states this will need to continue as the meeting with the BOH has not been scheduled.  A motion to continue the public hearing to the 12/14/16 meeting is mad by Mr. Manzi and seconded by Mr. McDonough.  Vote: Unanimous Documents:  Application Checklist-Notice of Intent  WPA Form 3-Notice of Intent  General Information  Signatures and Submittal Requirements  Applicant Information  NOI Wetland Fee Transmittal Form  Copy of State and Town Checks  Mass GIS’s online Mapping Tool locus prepared by Christiansen & Sergi, Inc. dated November 15, 2016  Mass GIS’s Online Mapping Tool Aerial Photo prepared by Christiansen & Sergi, Inc. dated September 26, 2016  Town of North Andover Assessors Aerial Photo prepared by Christiansen & Sergi, Inc. dated September 28, 2016  Certified Abutters List prepared by the North Andover Assessors Department dated November 15, 2016  Notification to Abutters Form prepared by Christiansen & Sergi, Inc.  Project Description prepared by Christiansen & Sergi, Inc. dated November 30, 2016  Plan Septic System Repair Design prepared by Christiansen & Sergi, Inc. November 10, 2016 242- , 25 Hidden Court (Koskores) (Williams & Sparages)  Greg Hochmuth of Williams & Sparages presents the proposal to create a new level area in the backyard. He states abutters were re-notified because an incorrect form was used. He states the pool will be removed and fill will be brought in and deposited above the 25’ No- Disturbance Zone/100’ Riparian Zone. A 12” filter sock or straw bales and silt fence will be used for erosion control.  The Commission discusses the decommissioning of the pool.  A motion to continue the matter for a DEP File # is mad by Mr. Manzi and seconded by Mr. McDonough.  There is further discussion of a No-Disturbance wall to replace the one that currently exists.  Vote: Unanimous Documents:  Application Checklist-Notice of Intent  WPA Form 3-Notice of Intent  General Information  Copy of State and Town Checks  Signatures and Submittal Requirement  NOI Wetland Fee Transmittal Form  Affidavit of Service prepared by Williams & Sparages dated November 18, 2016  Project Narrative  Construction Schedule  Delineation Field Data Form prepared by Williams & Sparages dated August 9, 2016  Sketch Plan Aerial 2014-2016 Orth Imagary from Mass GIS showing portion of Mosquito Brook prepared by Williams & Sparages dated August 9, 2016  Firm Flood Insurance Rate Map prepared by Williams & Sparages dated July 3, 2016  Locus Map Aerial prepared by Williams & Sparages dated November 18, 2016  Erosion & Sediment Control Plan prepared by Williams & Sparages dated November 16, 2016  Attachment A Temporary Seeding Guidance Document prepared by Williams & Sparages dated November 18, 2016  Attachment B Permanent Seeding Guidance Document prepared by Williams & Sparages dated November 18, 2016  Notification to Abutters Form prepared by Williams & Sparages dated November 18, 2016  Certified Abutters List prepared by the North Andover Assessors Department dated November 7, 2016  Plan to Accompany Notice of Intent prepared by Williams & Sparages dated November 17, 2016 242-1692, 1210 Osgood Street (Princeton Development, LLC & Forgetta Development, LLC) (Epsilon Associates, Inc.) (cont.11/16/16)  Joseph Peznola of Hancock Associates and Mike Howard of Epsilon Associates are present to represent the applicant. Lisa Eggleston of Eggleston Environmental is present as third party stormwater reviewer for the Commission.  The Administrator presents the new submittals including a revised plan containing construction sequencing and a revised Long-Term Stormwater Operations & Maintenance Plan.  Mr. Howard reviews the new sequencing plan.  Mr. Napoli asks to start with Ms. Egglestons stormwater review.  Mr. Lynch states the time prior to full construction is the worst given the large amount of disturbed area; water quality is most likely to be affected given the stormwater volume.  Ms. Eggleston states she is working for both the Conservation Commission and the Planning Board.  Mr. Lynch states it would be helpful if Ms. Eggleston could focus on areas of concern including her review letters.  Ms. Eggleston states the project is compliant with the 10 standards. There are minor details that need to be addressed. She states the project uses subsurface stormwater management throughout the project. She states the system mitigates the rate of volume but not the volume. There is a minor shift of flow from one wetland system to another but since they are not isolated this is less important. She states the 80% TSS requirement is met by infiltration for both parts of the project. She states her earlier concern that the Bayfilter system could be bypassed has been addressed. She states these filters are needed because the site is a LUPPHL (oil & grease). They will bypass if not maintained. She states maintenance will be costly. Workers will be required to be certified for confined space entry. This a proprietary media.  Mr. Napoli asks about the manufacturer recommendation for maintenance.  Ms. Eggleston states a maintenance schedule is required. A minimum frequency needs to be decided. Maintenance is the only way to refresh the oil and grease removal.  Mr. Peznola states there are four Bayfilter cartridges required. They are $350 each to replace. Generally 5 years is recommended according to a stormwater maintenance company that was consulted.  Ms. Eggleston states have a maintenance company on bard will be like a security bond. There will be an entity to hold responsible.  Mr. Peznola states there are co-applicants on the property one for the residential and one for the commercial.  Ms. Eggleston states the filters are not specifically tested for oil and grease. She states final maintenance requirements for the cartridges needs to be hashed out.  Mr. Lynch asks what maintenance and other special services should be required of the maintenance company. He asks if there is a certain level of competency required.  Ms. Eggleston states confined space entry qualification is needed but no special education is needed for the cartridge replacement. A good plan is needed.  Mr. Peznola states only TSS removal is required per the stormwater requirements. Oil and gas only needs to be addressed for the LUPPHL. He states the primary purpose of the filters is not to address solids. He states the applicant will commit to the low number of the recommended cartridge replacement per the manufacturer.  Mr. Lynch asks if there is a discharge limit.  Ms. Eggleston states deep sump catch basins will be used with hooded outlets.  Mr. Lynch states parking lot maintenance is also important.  Mr. Peznola states retail lots demand a high level of cleaning. He states catch basins will be vacuumed out on a regular basis.  Ms. Eggleston states she also insured there was a way for the pipe system to be cleaned as well.  Mr. Peznola states there are multiple inspection ports. Stick cameras will be used to maintain.  Ms. Eggleston states the isolator rows can be maintained in the same manner.  Mr. Manzi asks if the maintenance company is certified by Baysaver systems.  Mr. Peznola replies yes.  Mr. Manzi states the site is maxed out. He asks if any portion will be publically maintained or will it all be private?  Mr. Peznola states it will be privately maintained. There will be an agreement/easement between the residential and the commercial.  Mr. Manzi asks who will review the maintenance reports for the town.  Ms. Eggleston states a monitor could check compliance. She states town do not typically have the capacity.  Mr. Lynch states this would need to be conditioned in the contract.  Mr. Howard suggests that the reports be submitted annually and presented to the commission.  Ms. Eggleston states a requirement for a maintenance contract is important. She states naturalized systems are easier to maintain and are more visible. When systems are below ground there is more reason to be concerned and maintenance is more expensive.  Mr. Mabon states that this a very tenuous system for a very dense development. He states discrete measures of what comes out of the system are needed.  Mr. Peznola states the applicant is required to provide treatment of oil and gas and they have done that. He states there will be a comprehensive set of maintenance conditions.  Ms. Eggleston states there are too many variables for water testing to be effective. She states the system if maintained provides excellent treatment.  Mr. McDonough states this project is an asphalt jungle; it is a maxed out site. He would like to see less impervious surface.  Mr. Saal asks who will determine the filter replacement frequency.  Ms. Eggleston states she believes the New Jersey CAT study will have that information. She will check. She also notes that the discharge at station 10 has a full length apron with a different shape very close to the 50’ No-Build Zone and may need to be changed.  Mr. Peznola states the velocity at that outlet is small.  Ms. Eggleston states that she will have comments on the construction sequencing.  Mr. Lynch asks if this should be done with a subcommittee.  Mr. Napoli asks for compaction studies and testing.  Mr. Peznola reviews the sequencing plan. Constructed wall will be used as dams in conjunction with the sedimentation basins.  Mr. Lynch states the site begins and fails with construction sequencing. He would like to see more work done on that with consultation with Ms. Eggleston.  Mr. Saal asks when a contractor will be brought on board.  Mr. Peznola and Mr. Howard point that the vast majority of work is outside the 100’ Buffer Zone.  Ms. Eggleston the sequencing is important in the early phase when stormwater BMPs are not online. Sequencing is important as structures come online as well. She recommends conditioning a meeting with the contractor.  Mr. Lynch states documentation should be submitted and approval required.  Mr. Manzi and Mr. Lynch suggest meeting with Ms. Eggleston and the applicant to discuss.  Mr. Howard states a continuance will be needed.  A motion to continue to the December 14, 2016 meeting is made by Mr. Lynch and seconded by Mr. Manzi.  Vote: Unanimous Documents:  Letter prepared by Hancock Associates dated November 23, 2016  Letter prepared by Hancock Associates dated November 17, 2016  Letter prepared by Hancock Associates Long Term Stormwater Operations & Maintenance Plan revised dated November 18, 2016  Notice of Intent Plan prepared by Hancock Associates dated November 1, 2016, revised November 21, 2016 242-1688, 30 Ironwood Road (Guinee) (Hayes Engineering, Inc.) (cont. from 11/16/16) (Request to cont. to 12/14/16)  A motion to continue the public hearing to the 12/14/16 meeting at the request of the applicant is made by Mr. Manzi and seconded by Mr. McDonough.  Vote: Unanimous Document:  E/Mail prepared by Hayes Engineering, Inc. request for a continuance to the December 14, 2016 meeting dated November 30, 2016 242-1689, Salem Street (Livingstone Development Corporation) (Norse Environmental Services, Inc.) (cont. from 11/16/16)  Phil Christiansen of Christian & Sergi and Maureen Haney of Norse Environmental are present to represent the applicant.  Ms. Haney explains that the applicant has filed for a frontage exception and lot line waiver with the Planning Board.  The Administrator states she has a difference of opinion on the location of Riverfront on the property. She presents her review with Norse Environmental and her subsequent discussion with Mass DEP NERO.  Mr. Christiansen reviews the 75’ of Riverfront shown on the plan.  Mr. Lynch asks what impact does the revised Riverfront delineation have on the project.  Mr. Christiansen states the proposal may need to be a limited project.  The board discusses this option and does not see it as a problem since the only access to the property is through the frontage.  A motion to continue the public hearing to the 12/14/16 meeting is made by Mr. Manzi and seconded by Mr. Lynch.  Vote: Unanimous Documents:  Letter prepared by Christiansen & Sergi, Inc. riverfront delineation dated November 23, 2016  Letter prepared by Christiansen & Sergi, Inc. List of Supporting Documents dated November 23, 2016  Firm Flood Insurance Rate Map prepared by Christiansen & Sergi, Inc. dated July 3, 2012  Elevation in Feet (Navo 88) prepared by Christiansen & Sergi, Inc. dated November 23, 2016  Federal Emergency Management Agency prepared by Christiansen & Sergi, Inc. dated November 23, 2016  Site OPS Topography Aerial Map prepared by Christiansen & Sergi, Inc. dated November 23, 2016  Site OPS Topography Aerial Map Enlarged prepared by Christiansen & Sergi, Inc. dated November 23, 2016  Stream Stats Delineation Results prepared by Christiansen & Sergi, Inc. dated November 23, 2016  Basin Characteristics Upgrade Site Report prepared by Christiansen & Sergi, Inc. dated November 23, 2016  Flow Statistics Ungaged Site Report prepared by Christiansen & Sergi, Inc. dated November 22, 2016  Open Channel Flow prepared by Christiansen & Sergi, Inc. dated November 23, 2016  E/Mail prepared by Norse Environmental Services, Inc. dated November 15, 2016 request a continuance to the November 15, 2016  Photos prepared by Norse Environmental Services, Inc. dated November 23, 2016  Salem Street Boston Brook 2013-2014 Aerial Map prepared by Norse Environmental Services, Inc. dated November 23, 2016  Photos Salem Street Boston Brook prepared by Norse Environmental Services, Inc. dated November 23, 2016  Photos Salem Street –Boston Brook prepared by Norse Environmental Service, Inc. dated November 23, 2016  Aerial Photo sprepared by Norse Environmental Services, Inc. dated November 23, 2016 Enforcement Orders/Violation Notices 242-1392, 810 Salem Street (Curry)  A motion to continue the matter until June 28, 2017 to allow new owner to install new fence with wetland markers is made by Mr. Manzi and seconded by Mr. McDonough.  Vote: Unanimous Document:  E/Mail prepared by Brooke A. Paige of 810 Salem Street request a continuance to the Meeting end of June 2017 dated November 30, 2016  Violation Letter prepared by the North Andover Conservation Department dated November 3, 2016 General Business: 242-1544, COC Request, 26 Main Street (Jeffco, Inc.) (Andover Consultants, Inc.)  Mr. Manzi recuses himself due to a conflict.  The Administrator reviews the Field Inspectors site visit to the property. There are two of the new plantings that are not thriving (photo presented).  The commission discusses whether to close or require additional plantings. This has been done before.  A motion to issue a full and final Certificate of Compliance is made by Mr. Lynch and seconded by Mr. McDonough.  Vote: 5 in favor 1 recusal Documents:  Letter prepared by Jeffco, Inc. request for Certificate of Compliance dated January 13, 2014  Letter prepared by Pondview Condominium Trust c/o Harvest Properties, LLC dated January 13, 2014  Letter prepared Andover Consultants, Inc. As-Built Plan and profile, Pondview 26 Main Street dated January 2, 2014  WPA Form 8A-Request for Certificate of Compliance  Photos prepared by the North Andover Conservation Department date November 30, 2016 Half Mile Hill-Trail Connection to Edgewood Small Home Project  The Administrator presents the proposal to make a trail connection between Half Mile Hill and the property to be acquired by Edgewood.  The commission discusses that it appears the Half Mile Hill gate is not on town property.  The Administrator states she believes that is a plan error and will check with town counsel.  The Commission agrees that this has no bearing on the project.  A motion to approve the trail connection with the trail work to be done by Edgewood in the layout shown on the plan is made by Mr. McDonough and seconded by Mr. Lynch.  Vote: Unanimous Documents:  Letter prepared by the North Andover Conservation Department dated November 21, 2016  Site Layout Plan prepared by SMRT dated October 25, 2016 Leonard Farm CR (Essex Green Belt)  Vanessa Johnson-Hall from Essex County Greenbelt reviews the changes made to the Conservation Restriction since the Commission last reviewed it.  The Commission has no additional comments.  A motion to continue the Restriction approval to 12/14/16 for a final vote is made by Mr. McDonough and seconded by Mr. Manzi.  Vote: Unanimous Documents:  Grantor: North Andover Boxford Realty Trust  Grantee: Essex County Green Belt  Title Reference: Essex South Registry of Deeds Book 12837 Page 418 and Essex North Registry of Deeds Book 4172 Page 1  The undersigned, Byron C. Leonard and George A. Leonard, Trustees of the North Andover Boxford Realty Trust Decision 242-1691, Route 114/125 Andover Street/Elm Street  A motion to issue the Order of Conditions as drafted is made by Mr. Manzi and seconded by Mr. Lynch.  Vote unanimous. A motion to adjourn the meeting at: 10:00PM is made by