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HomeMy WebLinkAbout2017-02-08 Conservation Commission Minutes North Andover Conservation Commission Meeting Minutes February 8, 2017 Members Present: Louis A. Napoli, Chairman, Albert P. Manzi, Jr., Vice Chairman, Joseph W. Lynch, Jr., Deborah A. Feltovic, John T. Mabon, Douglas W. Saal. Member Absent: Sean F. McDonough. Staff Member Present: Jennifer A. Hughes, Conservation Administrator Pledge of Allegiance Meeting came to Order at: 7:05PM Quorum Present. Approval of Minutes of 1/25/17  A motion to accept the meeting minutes of 1/25/17 as drafted and reviewed is made by Mr. Manzi and seconded by Ms. Feltovic.  Vote: Unanimous Request for Determination of Applicability 1160 Great Pond Road (Brooks School) (Whitman & Bingham Associates)  Paul Griffin and Normand Grenier of Brooks School, Anthony Cleaves, P.E. of Whitman & Bingham Associates and Andrew Leonard of A.T. Leonard & Associates are present to present the proposal.  Mr. Cleaves presents an overview of the campus and orients the commission to the Arts Building where new construction will generate excess fill that will be brought to the soccer fields and graded. He states the Arts Center is more than 100’ from a wetland between Great Pond Road and the tennis courts. The wetlands were delineated to show the buffer for the Watershed Protection District. They are over 400’ from the project site. He states the existing soccer fields are near Campion Road. They will be regraded within the existing footprint. The fields are 50-70’ away from the delineated wetlands. Mr. Cleaves states erosion controls in the form of straw wattles and silt fence are proposed. The slopes will not be too steep. Approximately 10-15%. Eggleston Environmental has reviewed the proposal and the majority of her comments have been addressed.  Mr. Lynch asks about the process. He asks if topsoil will be stripped and the fill brought in. He also asks about the acreage and the need for a SWPPP.  Mr. Cleaves states that the area is approximately 2-2.5 acres and that a SWPPP will be required. Soils will be stockpiled at the fields. He states the soils could be stored in the upper left corner of the field far from the wetlands with erosion control surrounding.  Mr. Lynch asks about the depth of organic material on the site.  Mr. Leonard states that it varies. He estimates 6-12” in some areas 2-2.5” on the west side. The proposal is to put in the common fill then 6-12” of organic on top.  Mr. Lynch asks about the timing of the work, specifically the time of year it will be done.  Mr. Leonard states work would start in the summer when school is out. Ideally around June 5.  Mr. Lynch asks where the break in slope is for work that drains to the lake.  Mr. Mabon confirms that the arts building is outside the 100’ Buffer Zone. He also asks if the straw wattle and silt fence would be the limit of work.  Mr. Cleaves states that they hope to keep the work 75’ from the wetlands.  Mr. Manzi asks about the Eggleston Environmental review and the Planning Board permitting. He believes the commission should wait until the Planning Board has reviewed the project.  Mr. Napoli asks about the erosion potential. He also has concerns about scheduling.  Mr. Cleaves states the finished slope will be approximately 10:1. The slope is now 15:1. The project will level the field the slope will go from 6% to 10% on the downhill side of the fileld.  Mr. Napoli states he would like to see the designated stockpile area on the plan.  The Administrator asks if the erosion control is proposed along the length of the swale that runs parallel to Campion Rd.  Mr. Cleaves states it does.  Ms. Feltovic asks about Eggleston Environmental comments.  Mr. Lynch asks about the profile of the soils.  Mr. Cleaves states the land is primarily loam with till below.  Mr. Lynch asks about revegetation.  Mr. Leonard states the area would be hydro-seeded around September. The disturbance would be approximately 2.5 months. He states disturbance could be minimized. This could be put in the construction documents.  The Administrator discusses the process for closing the hearing.  Mr. Lynch states he would like to see the record drawings updated.  Mr. Napoli calls for abutters. There are none.  A motion to continue the public hearing to the February 22, 207 meeting 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  Narrative  General Construction Schedule  Locus Aerial Map prepared by Whitman & Bingham Associates dated January 10, 2017  Google Aerial Map NHESP prepared by Whitman & Bingham Associates dated 2014-2016  Notification to Abutters Form  Certified Abutters List prepared by the Town of North Andover Assessors Department dated January 10, 2017  Pre-Subwatershed Delineation Plan prepared by Whitman & Bingham Associates dated January 13, 2017, revised dated February 2, 2017, revised dated February 7, 2017  Materials provided at meeting: Color drawings titled “Brooks School-Center for the Arts” dated February 8, 2017. Sheets: Proposed Improvements in Context, Existing Conditions, Proposed Site Plan, Proposed Site Plan w/Existing Conditions in Red, Wetland Location Plan, Erosion Control Plan 724 Sharpeners Pond Road (Stinson)  Brian Stinson, homeowner, and Bob Mansur, representative, are present for the hearing.  Mr. Mansur presents the proposal to construct a 3-season room in the footprint of the existing deck on the existing supports. Stairs will be in the same location as the existing deck stairs. A new landing on two sono-tubes will be needed. Land disturbance will be minimal.  Mr. Lynch confirms the structure will be entirely within the existing footprint.  The commission discusses the changes that need to be made to the plan to reflect the ephemeral pool on site.  Mr. Mabon states the existing deck will remain in place and asks if the room will be heated.  Mr. Mansur states no.  A motion to issue a negative #3 determination with requirement for a post construction inspection (no erosion control required) with wetland markers to be placed at the No- Disturbance Zones is made by Ms. Feltovic and seconded by Mr. Mabon. The motion is amended to have the determination issue after receipt of the revised plan.  Vote: Unanimous Documents:  Application Checklist-Request for Determination of Applicability  WPA Form 1-Request for Determination of Applicability  Project Description  Copy of Town Check  Signatures and Submittal Requirements  Notification to Abutters Form  Certified Abutters List prepared by the North Andover Assessors Department dated January 27, 2017  Plot Plan of Land prepared by David P. Terenzoni, P. L. S. dated December 13, 2016, revised dated January 31, 2017  Photos prepared by the North Andover Conservation Department February 3, 2017 Abbreviated Notice of Resource Area Delineation 242-1698, 865 Johnson Street (Resca) (Merrimack Engineering Services, Inc.) (cont. from 1/25/17)  The Administrator presents the revised plan.  The commission discusses how the ORAD addresses the debris in the wetland.  A motion to adopt the ORAD as drafted is made by Mr. Lynch and seconded by Mr. Manzi.  Vote: Unanimous Documents:  Facts & Findings Letter prepared by the North Andover Conservation Department dated February 2, 2017  Topographic Plan of Land prepared by Merrimack Engineering Services, Inc. dated December 22, 2016, revised January 31, 2017 Notice of Intent (NOI) 242-1689, Salem Street (Lots 1-3) (Livingstone Development Corporation) (Norse Environmental, Inc.) (cont. from 1/25/17)  The Administrator states the Planning Board cancelled their meeting due to a storm so the applicant has requested to continue this hearing to 2/22/17.  A motion to continue the public hearing to 2/22/17 is made by Mr. Lynch and seconded by Mr. Manzi.  Vote: Unanimous Document:  E/Mail prepared by Christiansen & Sergi, Inc. requesting a continuance to the February 22, 2017dated February 8, 2017 242-1699, 1 High Street (RCG North Andover Mill, LLC) (Design Consultants, Inc.)  David Steinbergh and Tania Hartford of RCG North Andover Mill, LLC, Michael Clark of DCI, and Julie Vondrak, project environmental monitor present the current plans.  Mr. Steinbergh reviews the work that has been done to date under the Emergency Certificate issued by the Commission. There is currently an 18” HDPE tied into the existing culvert. Two 48” pipes are available and will be installed in 20’ sections. He states there are good site controls and erosion controls. The Notice of Intent was filed but the Emergency Cert will run out. Mr. Steinbergh introduces Mr. Clark to present the NOI plan.  Mr. Clark explains the existing system including the cast in place concrete structure and two ductile iron pipes at the outlet. They are currently pumping the pond into this structure to maintain the water level. A plunge pool was originally proposed to outlet the pond now there is a precast structure proposed. A 2007 delineation shows only Bank, no BVW.  Mr. Lynch asks about the hydraulic evaluation to maintain the mean pond elevation and handle flashpoint events. He states 48” pipes will move a lot of water. He states they will never flow full.  Mr. Clark confirms.  Ms. Vondrak states in 2007 a new structure was proposed and no army corp permit was required because of the water dependent use. No 401/404 permit.  There is discussion of mean lo for the pond and the creation of new bank.  Mr. Mabon asks about the timing of the final design and the work progress.  Mr. Steinbergh believes the final work is 5 weeks out.  The commission and applicant discuss how to proceed.  The Administrator states the Emergency Cert should only be to abate the emergency. She will explore how the applicant can proceed with the work. There is discussion of issuing a new Emergency Cert. She recommends outside review of the design to keep the process moving.  Mr. Napoli states there should not be a separate filing for the pond outlet structure.  The Administrator states she is interested in moving forward with advice from DEP and outside peer review.  Mr. Lynch states water cannot run through the site that would be catastrophic.  Mr. Saal states the applicant should work diligently and design as fast as possible. The applicant should not be relying on pumps. He asks about downstream pipe inspections.  Mr. Steinbergh states all downstream pipes have been fully inspected and cleaned.  Mr. Mabon asks if the installation will occur under the NOI.  Mr. Napoli states with outside review the commission could approve the proposal more quickly.  Mr. Manzi asks if this project is all Mr. Clark is working on.  Mr. Steinbergh states it is their number one priority.  A motion to continue to the 2/22/17 meeting is made by Mr. Lynch and seconded by Mr. Manzi.  Vote: Unanimous Documents:  Letter prepared by Design Consultants, Inc. on behalf of RCG North Andover Mill, LLC for emergency work for building 11 pipes collapsed under the building dated January 27, 2017  Cover Letter prepared by Design Consultants, Inc. dated January 26, 2017  Table of Contents  Application Checklist-Notice of Intent  WPA Form 3-Notice of Intent  General Information  Additional Information  Signatures and Submittal Requirements  Notification to Abutters Form  Certified Abutters List prepared by the North Andover Assessors Department dated January 30, 2017  NOI Wetland Fee Transmittal Form  Figure 1. USGS Topo Mass GIS Oliver Site Location Aerial Map prepared by Design Consultants, In dated January 2017  Figure 2. NHESP Layer Estimated Habitat Oliver GIS Aerial Map dated 2015  National Flood Hazard Layer FIRMette Aerial Map prepared by Design Consultants, Inc. dated January 26, 2017  North Andover Conservation Commission Waiver Request Form prepared by Design Consultants, Inc. dated January 26, 2017  Plan of Land prepared by Design Consultants, Inc. dated January 27, 2016 242-1696, 50 Royal Crest Drive (Bio-Retention) (AIMCO North Andover, LLC) (Cornerstone Land Consultants, Inc.)  The Administrator presents the review conducted by Eggleston Environmental.  Kenneth Lania of Cornerstone Land Consultants presents the changes he has made to the plans in response to the review and the reasons he believes the project will function as designed. He believes that as designed the system will alleviate flooding on the over taxed drainage system. He states his client does not want to continue the hearing but move forward with approval of his design.  The Administrator states Ms. Eggleston has concerns because the proposed basin is below the water table.  Mr. Lania explains how the basin will function. He states 60 trees will be removed but he states there will be better volume and access to control the water.  Mr. Lynch states this can probably best be worked out with Ms. Eggleston. He suggests the applicant continue to present his case to her.  Mr. Lania states that the money for this project has been appropriated and needs to be spent within 3 months. He states Royal Crest is under pressure from the Health Department to solve building drainage problems. He states the need to have an Order of Conditions by the next meeting.  The Administrator reminds Mr. Lania that he has not been diligent about pre-construction and construction monitoring requirements.  Mr. Mabon states there are still concerns expressed by the peer review that need to be worked out. He would like to see alternatives to the tree removal.  Mr. Napoli agrees with Mr. Mabon that the applicant needs to work out issues with Ms. Eggleston.  Mr. Lania states it appears one of the major issues could be the trees.  A motion to continue to the 2/22/17 meeting is made by Mr. Lynch and seconded by Mr. Mabon.  Vote: Unanimous. Document:  Email from Lisa Eggleston, P.E. dated February 8, 2017 242-1697, 315 South Bradford Street (Smolak Farms) (Civil Design Group, LLC) (Request to cont. to 2/22/17)  At the request of the applicant, a motion to continue the matter to the meeting on 2/22/17 is made by Mr. Mabon and seconded by Ms. Feltovic.  Vote: Unanimous Document:  E/Mail prepared by Civil Design Group, LLC request for a continuance to the February 22, 2017 meeting dated January 19, 2017 Enforcement Order/Violation Letter/Ratify 458 Johnson Street (Finn/Carpenter)  The Administrator recommends revising the violation letter to require an after the fact Request for Determination of Applicability filing and submission of a planting plan no later than March 10 for the March 22, 2017 meeting.  The Commission agrees with the approach and asks the Administrator to issue the revised letter. Documents:  Violation Letter prepared by the North Andover Conservation Department dated January 27, 2017  Aerial Photo from 2014 attached prepared by the North Andover Conservation Department dated January 27, 2017  Aerial Photo from 2014 attached Mass GIS prepared by the North Andover Conservation Department January 27, 2017 889 Johnson Street (Timmons/Edwards)  The Administrator reviews the violation and states she conducted a site visit. She recommends issuing a revised violation letter requiring the homeowners to file an after the fact RDA for the clearing and present a planting plan for the 25’ No-Disturbance Zone with wetland markers. The filing should be received by March 10 for the March 22, 2017 meeting.  The Commission agrees with the Administrator’s recommendation and asks that the revised violation letter be sent. Document:  Violation Letter prepared by the North Andover Conservation Department dated January 27, 2017  North Andover MIMAP prepared by the North Andover Conservation Department dated January 27, 2017 242-1580, COC Request, 1018 Osgood Street (JFJ Holdings, LLC) (MHF Design Consultants, Inc.) (cont. from 1/25/17)  The Administrator states she is still waiting to hear if the project is closed out with the Planning Board. The applicant requests a continuance to the 2/22/17 meeting.  A motion to continue the matter to the 2/22/17 meeting is made by Ms. Feltovic and seconded by Mr. Manzi  Vote: Unanimous Document:  E/Mail prepared by MHF Design Consultants, Inc. request for a continuance to the February 22, 2017 dated February 8, 2017 242-1639, Modification Request, 351 Willow Street South (Muffin Realty Trust) (The Morin-Cameron Group, Inc.)  John Morin of the Morin-Cameron Group presents the proposed modification to add a new sewer line within pavement to connect to an existing line. He state the proposal was originally to connect to a line that runs through a grease trap and this is not necessary. He states additional silt fence will be installed to protect the wetland along the drive. He states the work will be done in August to avoid the need to dewater. If dewatering is needed it will be outside the 100’ Buffer Zone.  A motion to issue the modification as proposed is made by Ms. Feltovic and seconded by Mr. Lynch.  Vote: Unanimous Documents:  Letter prepared by The Morin-Cameron, Group, Inc. request a modification for a new sewer line dated February 1, 2017  Site Plan of Land prepared by The Morin-Cameron Group, Inc. dated January 30, 2017 Emergency Certificate 350 Winthrop Avenue (Dynic Waste/Response Environmental, Inc.)  A motion to ratify the drafted Emergency Cert is made by Mr. Manzi and seconded by Ms. Feltovic.  Vote: Unanimous Documents:  E/Mail prepared by Response Environmental, Inc. dated January 30, 2017  Photos of spill area prepared by Response Environmental, Inc. dated January 27, 2017 A motion to adjourn the meeting at 9:12 p.m. is made by Mr. Saal and seconded by Ms. Feltovic. Vote: Unanimous