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HomeMy WebLinkAbout2017-01-11 Conservation Commission Minutes North Andover Conservation Commission Meeting Minutes January 13, 2017 Members Present: Louis A. Napoli, Chairman, Albert P. Manzi, Vice Chairman, Joseph W. Lynch, Jr., John T. Mabon, Sean F. McDonough, Douglas W. Saal Member Absent: Deborah A. Feltovic. Staff Member Present: Jennifer A. Hughes, Conservation Administrator Meeting came to Order at:Quorum Present. 7:02 PM Pledge of Allegiance Approval of Minutes 11/16/16 & 110/30/16 A motion to accept the meeting minutes of 11/16/16 & 11/30/16 as drafted and reviewed is made by Mr. Manzi and seconded by Mr. Mabon. Vote: Unanimous Request for Determination of Applicability 83 Campbell Road (Fallon) The Administrator presents photos of the site and states she has reviewed the wetland line and made several changes. Those changes have been reflected on the plan. She states portions of the work were done without a filing and there is additional work proposed. The homeowner, Lucie Fallon, presents work that was done prior to the filing. This includes replacing mulch beds with loam and seed. She is concerned the chemicals in mulch would contaminate her well water. The Administrator states the owner would like to construct a deck. She states a patio and hot tub have already been installed. Mr. Mabon asks about a grade change behind the garage. He states there is currently lawn -Disturb Zone. Ms. Fallon states that area was mulch. Mr. Lynch states this is an older home with an established yard. He states this is not a flagrant violation. The commission discusses the location of the permanent No-Disturb Zone. The Administrator marks up a plan to show the homeowner. Members of the commission state the No-Disturb Zone should be field located with the Field Inspector. The commission discusses removal of a large invasive Japanese Barberry on the property. The commission states it should be removed. Mr. Napoli asks the size of the deck as there are no dimensions on the plan. The commission states actual dimensions should be obtained prior to the preconstruction. A motion to issue a Positive #2A and a Negative #3 Determination with pre and post construction inspection and requirement for wetland markers is made by Mr. Manzi and seconded by Mr. Mabon. 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 Notification to Abutters Form Certified Abutters list prepared by the North Andover Assessors Department dated December 16, 2016 NHESP Map dated December 12, 2016 USGS Locus Map dated December 12, 2016 Request for Determination Site Plan prepared by Markey Land Development Consulting dated November 30, 2016 Photo prepared by the North Andover Conservation Department dated November 2, 2016 Sharpners Pond Road and Liberty Street (Friends of North Andover Trails) The Administrator displays a photo of rutting created by vehicles in the area of the proposed boardwalk. Mike Agosti of the Friends of North Andover Trails (FONAT) presents the proposal to reroute a section of the Bay Circuit Trail . He states that the new trail will hopefully solve some problems with vandalism and will take portions of the trail off of the roadway. A boardwalk will be needed to bridge an area eroded by 4-wheel drive vehicles. He states a gate has been installed to prevent this in the future. Mr. Mabon asks the length of the boardwalk. Mr. Agosti states approximately 100 feet. He reviews the construction methods similar to what was done at Harold Parker. Mr. Lynch asks about the location of the boardwalk. Mr. Agosti states it will be on the existing trail. Mr. Lynch asks about the effectiveness of the new gate. Mr. Agosti states there may still be ATV use but no vehicles. in the Harold Parker boardwalk construction. posts. not aware there wa Mr. Agosti states that FONAT has Glen Aspeslagh to thank for that. He is an avid mapper. He also acknowledges FONATS many great volunteers. Mr. Saal asks if this is the area near Sharpners Pond. Mr. Agosti states that area is not accessible due to beaver flooding. It is over 300 feet long and not a feasible project. The Administrator states FONAT is seeking a waiver of the Bylaw fee and waiver for work in the No-Disturb and No-Build Zones. Mr. Lynch states the fee is paid in volunteer hours and the project promotes passive A motion to approve the waivers is made by Mr. Manzi and seconded by Mr. Lynch. Vote: 5 in favor with 1 abstention (Mr. McDonough arrived during the hearing) A motion to issue a Positive #2A and a Negative #3 decision with a requirement for a post construction inspection is made by Mr. Manzi and seconded by Mr. Lynch. Vote: 5 in favor with 1 abstention (McDonough) Documents: Application Checklist-Request for Determination of Applicability WPA Form 1-Request for Determination of Applicability General Information Project Description Signatures and Submittal Requirements Exhibit A- Topo Map USGS U. S. Department of the Interior U. S. Geological Survey dated October 25, 2016 Exhibit B-Plan/Site Map prepared by The Friends of North Andover Trails dated October 25, 2016 Exhibit C-Example Boardwalk Photos prepared by The Friends of North Andover Trails dated October 25, 2016 Notification to Abutters Form Certified Abutters List prepared by The North Andover Assessors Department dated October 17, 2016 North Andover Conservation Commission Waiver Request Form wavier 4.3.2 Filing Fee requirements prepared by The Friends of North Andover Trails dated November 28, 2016 North Andover Conservation Commission Waiver Request Form prepared The Friends of North Andover Trails 3.4 Buffer Zone Setbacks dated November 28, 2016 Notice of Intent (NOI) 242-1689,Salem Street (Lots 1-3) (Livingstone Development Corporation) (Norse Environmental Services, Inc.) (cont. from 12/14/16) The Administrator states the Riverfront line was adjusted on the plan as discussed at the last meeting. The proposal is now presented as a limited project. Philip Christiansen of Christiansen & Sergi, Inc. reviews the increase in Riverfront on the property and the need to change the filing to a limited project. He states the driveways were relocated and side slopes added due to the grade. He presents the impact numbers. He states the stormwater management areas do not need to be part of the Riverfront calculation. He states the impact numbers can be even lower if areas allowed to revegetate naturally can be considered temporary impacts. Mr. Christiansen states he could also reduce the driveway Mr. Mabon reviews that the river is across the street. The Administrator asks the status of the filing with Natural Heritage. Mr. Christiansen states there will be a no-build restriction with Natural Heritage. Mr. Lynch asks about infiltration on the site. Mr. Christiansen states stormwater management is not required as part of the NOI but a land disturbance permit with the Planning Board will be required. He reviews the driveway infiltrators and water stops. Mr. Lynch asks what other permits are required. Mr. Christiansen states he will be before the Planning Board next week. Mr. Lynch states a poll of the commission could be done to see if everyone agrees with the general concept presented. Mr. Napoli asks if there could be only one entrance even though he believes the answer may be that a common drive can only service 2 houses. Mr. Christiansen states that under prior regulations 3 houses were allowed but now only two. Also the proposed septic would be in the way of a third drive coming off of the current common drive. Mr. Lynch asks if a variance could be requested to allow 3. Mr. Christiansen responds that this would require going to the ZBA. Mr. Manzi discusses the options Mr. McDonough asks if an operation and maintenance plan (O&M) is needed and if a construction sequence will be submitted. Mr. Christiansen states he will be developing an O&M plan. He states the stormwater basin is allowed near the septic system under Title V. A construction sequencing plan will also be developed. Mr. Napoli states this hearing will need to continue until after the Planning Board hearing. Mr. Lynch states the concept will need more refining and input from Natural Heritage is needed. The Administrator asks if rip rap is proposed on the driveway side slopes. Mr. Christiansen replies that the side slopes will be 3:1 so natural vegetation possible. Mr. Napoli asks if there are any abutters present. None respond. A motion to continue to the January 25, 2017 meeting is made by Mr. McDonough and seconded by Mr. Manzi. Vote: Unanimous Documents: Letter prepared by Christiansen & Sergi, Inc. revised plans and stormwater mitigation dated December 29, 2016 Drainage Report prepared by Christiansen & Sergi, Inc. dated December 20, 2016 Existing Conditions Drainage Areas Plan prepared by Christiansen & Sergi, Inc. dated December 20, 2016 Proposed Conditions Drainage Areas Plan prepared by Christiansen & Sergi, Inc. dated December 20, 2016 242- , 315 South Bradford Street (Smolak Farms) (Civil Design Group, LLC) The Administrator states the applicant needs to file for Watershed Special Permit with the Planning Board before this can be heard. A motion to continue the public hearing to February 8, 2017 is made by Mr. McDonough and seconded by Mr. Manzi. 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 Letter prepared by Civil Design Group, LLC dated December 7, 2016 Letter prepared by Norse Environmental Services, Inc. dated April 22, 2016 Prepared by the Town of North Andover Board of Assessors Fiscal year 2017 property dated January 1, 2016 Figure-1 USGS Aerial Plan prepared by Civil Design Group, LLC dated December 5, 2016 NHESP Estimated Habitat of Rare Species Wildlife prepared by Civil Design Group, LLC dated December 5, 2016 Operation and Maintenance Plan prepared by Civil Design Group, LLC dated December 2, 2016 Figure 1: BMP Location Plan prepared by Civil Design Group, LLC dated December 5, 2016 Site Photos prepared by Civil Design Group, LLC dated September 30, 2016 Photos of New Design Building on the site prepared by Giattino Design dated February 15, 2016, revised February 25, 2016 Site Plan 1prepared by Civil Design Group, LLC dated December 2, 2016 Site Plan 2 prepared by Civil Design Group, LLC dated December 2, 2016 Construction Details Plan prepared by Civil Design, LLC dated December 2, 2016 E/Mail prepared by Civil Design Group, LLC request a continuance to the February 8, 2017 meeting dated January 10, 2017 242-1688, 30 Ironwood Road (Guinee) (Hayes Engineering, Inc.) (cont. from 12/14/16) The Administrator states the applicant has withdrawn the application to the Planning Board and plans to scale back the proposal. A motion to continue to the January 25, 2017 meeting is made by Mr. McDonough and seconded by Mr. Manzi. Vote: Unanimous Documents: E/Mail prepared by Hayes Engineering, Inc. request for a continuance to the January 25, 2017dated January 6, 2017 Photos prepared by the North Andover Conservation Department dated September 21, 2016 242-1692, 1210 Osgood Street (Princeton Development, LLC & Forgetta Development, LLC) (cont. from 12/14/16) Michael Howard of Epsilon Associates and Jeffrey Brown of Princeton Properties are present. Mr. Howard summarizes by saying that the commission continued this hearing due to a 28 day meeting gap. He requests the commission close the public hearing and issue an Order of Conditions. Mr. Napoli discusses the need for a preconstruction conference to work out phasing. He asks if a contractor has been brought on board. The answer is no. A motion to close the public hearing and issue an Order of Conditions in 21 days is made by Mr. Lynch and seconded by Mr. Manzi. Vote: Unanimous Documents: Retaining Wall Layout Plan prepared by Hancock Associates dated November 21, 2016 Landscape & Lighting Details Plan prepared by Hancock Associates dated June 21, 2016 Photos prepared by the North Andover Conservation Department dated June 5, 2016 & June 28, 2016 242-1696, 50 Royal Crest Drive (Bio-Retention) (AIMCO North Andover, LLC) (Cornerstone Land Consultants, Inc.) (cont. from 12/14/16) Administrator states applicant requests a continuance to the 1/25/17 meeting. Stormwater review is still ongoing. A motion to continue the hearing to the 1/25/17 meeting is made by Mr. McDonough and seconded by Mr. Manzi. Vote: Unanimous Document: E/ Mail prepared by Cornerstone Land Consultants, Inc. request for a continuance to the January 25, 2017dated January 11, 2017 Photos prepared by the North Andover Conservation Department dated December 1, 2016 Enforcement Orders/Violation/Ratify 242-1580, 1018 Osgood Street (JFJ Holding, LLC) The Administrator presents the Enforcement Order (EO) she issued to Dunkin Donuts for not providing required stormwater management maintenance reports and not submitting their Request for Certificate of Compliance. Mr. Lynch asks if not submitting the Request is a violation. The Administrator states that the submission is required by the Order of Conditions. Mr. Manzi states there should be a date certain when fines will begin. The Administrator reviews the dates in the EO. A motion to ratify the EO is made by Mr. McDonough and seconded by Mr. Lynch. Vote: Unanimous Documents: Enforcement Order Letter prepared by the North Andover Conservation Department dated December 19, 2016 WPA Form 9-Enforcement Order prepared by the North Andover Conservation Department dated December 19, 2016 242-1169, PCOC Request and Partial Bond Release, 2357 Turnpike Street (Meadows) (Valley Realty Development, LLC) (cont. from 12/14/16) The Administrator states the project engineer has stated a plan will be ready by the second February meeting. A motion to grant the request for a continuance to the 2/22/17 meeting is made by Mr. Manzi and seconded by Mr. Mabon. Vote: Unanimous Document: E/Mail prepared by Susan Mesiti of Realty Results request for a continuance to the February 22, 2017 meeting dated January 5, 2017 MACC Pipeline Letter to Govern Baker The Commission discusses the MACC letter asking Governor Baker to prohibit future pipelines. The commission is opposed to the lack of regulation and oversight allowed on pipeline permits but several members have concerns about banning energy pipelines outright. The commission discusses writing their own letter. The commission agrees to read up on the issue further and discuss at the next meeting. Document: Letter prepared by MACC Eugene B. Benson, Executive Director dated January 5, 2017 Decision 242-1692, 1210 Osgood Street Administrator reviews the draft Order of Conditions. A motion to accept the Order of Conditions as drafted and amended is made by Mr. Manzi and seconded by Mr. Mabon. Vote: Unanimous A motion to adjourn the meeting at 8:33 is made by Mr. Manzi and seconded by Mr. Mabon. Vote: Unanimous