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HomeMy WebLinkAbout2017-03-22 Conservation Commission Minutes North Andover Conservation Commission Meeting Minutes March 22, 2017 Members Present: Albert P. Manzi, Chairman, Joseph W. Lynch, Jr., Deborah A. Feltovic, Douglas W. Saal. Members Absent: Louis A. Napoli, Chairman, John T. Mabon, Sean F. McDonough. Staff Member Present: Jennifer A. Hughes, Conservation Administrator Meeting came to Order at: 7:03 PM Quorum Present. Pledge of Allegiance Approval of Minutes of 3/8/17  Chairman to review for next meeting NACC#183, 128 Dale Street (Mason)  The applicant/homeowner Steve Mason states the proposal is to connect the house to natural gas from the street.  The Administrator states there is a vernal pool on the other side of the driveway more than 50’ from the resource area.  A motion to accept this as small project 4.4.2L is made by Mr. Lynch and seconded by Ms. Feltovic.  A motion to approve the proposal as presented with a special condition for a post construction inspection is made by Mr. Lynch, seconded by Ms. Feltovic.  Vote unanimous. Documents:  Application Checklist-Small Project  Small Project Procedures dated March 15, 2015  Copy of Town Check  Plan of Land prepared by JM Associates dated November 2, 2016 Request for Determination of Applicability Water Street & Multiple Streets (Columbia Gas of MA) (Merrill Engineers and Surveyors)  Dana Altobello of Merrill Engineers and Land Surveyors presents the proposal to replace of gas mains on several streets in the downtown area. The delineation was done in January 2017 showing that small portions of the work are within the 100-foot buffer zone. Work will be done using the open trench method. Work will be steel plated overnight with no work during rain events and no stockpiling within the 100-foot buffer zone.  The Administrator states catch basin protection is needed. Silt sacks should be provided.  Ms. Feltovic asks how long the work will take.  Mr. Altobello states 1-1.5 weeks.  Mr. Lynch asks if paving will happen daily.  Mr. Altobello states at least once per week.  A motion to grant the negative determination #3 and #5 with conditions for pre & post construction inspections, catch basin protection along route and at stockpile areas as well as daily patching of the trench is made by Mr. Lynch, seconded by Ms. Feltovic.  Vote unanimous. Documents:  Letter prepared by Merrill Engineers and Surveyors Request for Determination of Applicability dated February 17, 2017  WPA Form 1-Request for Determination of Applicability  General Information  Project Description  Signatures and Submittal Requirements  Project Narrative  Photos 1-6 dated January 26, 2017  Priority Habitat of Rare Species, Estimated Habitat of Rare Wildlife & Certified Vernal Pools Map prepared by Merrill Engineers and Surveyors dated January 26, 2017  USGS Site Locus Map prepared by Merrill Engineers and Surveyors dated January 26, 2017  FEMA Map prepared by Merrill Engineers and Surveyors dated July 3, 2012  Straw Wattle Installation Guide prepared by Merrill Engineers and Surveyors January 2008  Wetland Delineation Overlay Plan prepared by Merrill Engineers and Surveyors dated February 2017  Wetland Delineation Overlay Plan prepared by Merrill Engineers and Surveyors dated February 2017 Peters Street (Columbia Gas of MA) (Merrill Engineers and Land Surveyors)  Dana Altobello of Merrill Engineers and Land Surveyors is present.  See above.  A motion to grant the negative determination #3 and #5 with conditions for pre & post construction inspections, catch basin protection along route and at stockpile areas as well as daily patching of the trench is made by Mr. Lynch, seconded by Ms. Feltovic.  Vote unanimous. Documents:  Letter prepared by Merrill Engineers and Surveyors Request for Determination of Applicability, proposed gas main replacement, Peters Street  Application Checklist-Request for Determination of Applicability  WPA Form 1-Request for Determination of Applicability  Project Description  Signatures and Submittal Requirements  Copy of Town Check  Project narrative  Photos 1-4 prepared by Merrill Engineers and Surveyors dated January 26, 2017  Priority Habitat of Rare Species, Estimated Habitat of Rare Wildlife & Certified Vernal Pool Map prepared by Merrill Engineers and Surveyors dated January 26, 2017  USGS Site Locus Map prepared by Merrill Engineers and Surveyors dated January 26, 2017  FEMA Map Flood Insurance prepared by Merrill Engineers and Surveyors dated July 3, 2012  Straw Wattle Installation Guide prepared by Merrill Engineers and Surveyor dated January 26, 2017  Wetland Delineation Overlay Plan prepared by Merrill Engineers and Surveyors dated February 2017 Abbreviated Notice of Resource Area Delineation 242-1701, 0 Foster Street (Manzi) (Williams & Sparages, LLC) (cont. from 3/8/17)  Mr. Manzi recuses himself.  A motion to grant the request for a continuance to the April 12, 2017 meeting is made by Mr. Lynch, seconded by Ms. Feltovic.  Vote unanimous. Document:  E/Mail prepared by Williams & Sparages, LLC request for a continuance to the April 12, 2017 dated March 15, 2017 Notice of Intent (NOI) 242-1689, Salem Street (Lots1-3) (Livingstone Development Corporation) (Norse Environmental Services, Inc.) (cont. from 3/8/17) (Request to cont. to 4/12/17)  A motion to grant the request for a continuance to the April 12, 2017 meeting is made by Ms. Feltovic, seconded by Mr. Saal.  Vote unanimous. Documents:  Site Plan for Notice of Intent prepared by Christiansen & Sergi, Inc. dated October 3, 2016, revised, December 28, 2016, revised February 17, 2017, revised March 17, 2017 242-1697, 315 South Bradford Street (Smolak Farms) (Civil Design Group, LLC) (cont. from 3/8/17)  Michael Smolak of Smolak Farms presents the alternative analysis and changes to the parking area.  Mr. Smolak states the background of the tent area. He states the tent is up from May-Oct and that there are now permanent bathrooms. He reviews the alternatives analysis showing that most of the property is designated as prime agricultural land is protected under an APR.  Mr. Lynch asks about the alternative to excavate into the slope. He states this alternative is not advantageous. He states the area outside of the prime agricultural soils needs to be the focus.  Administrator reviewed the alternative analysis. She recommends plantings along the entire 25’ No- Disturbance Zone up to the first remaining building as well as fencing and wetland markers. Erosion control should also be extended.  No abutters are present.  A motion to grant the waiver request is made by Mr. Saal, seconded by Ms. Feltovic.  Vote unanimous.  A motion to grant the request for a continuance to the April 12, 2017 meeting for several plan changes is made by Mr. Lynch, seconded by Ms. Feltovic.  Vote unanimous. Documents:  Letter Minor Site Improvements prepared by Civil Design Group, LLC dated March 21, 2017  Letter prepared by Division of Fisheries & Wildlife dated January 12, 2017  Operation and Maintenance Plan prepared Civil Design Group, LLC dated March 17, 2017  Site Plan prepared by Civil Design Group, LLC dated December 2, 2016, revised March 17, 2017 242-1702, 315 Turnpike Street (Merrimack College) (VHB, Inc.)  Jeff Koetteritz, P. E. and Laurie Laich of VHB, Inc. and Christopher Huntress of Huntress Associates, Inc. are present.  Mr. Huntress presents the new “Athletic District” including stadium and track. He states there will be impacts to the baseball field all within the existing outfield fence. He explains the majority of the construction is in North Andover but the stormwater is directed to the Andover portion of the campus. Horsley Whitten will peer review the stormwater for Andover and will share the review with North Andover.  Mr. Huntress states that all improvements will be outside the 50’ No-Build Zone. He reviews the drainage on the new field. It will drain via subdrains to the football field basin in andover.  Mr. Lynch asks about soils.  Mr. Koetteritz states there is a good deal of variability in the soils. There is high groundwater at 4-5’.  The Administrator states review of the wetland line has not taken place yet.  Mr. Huntress reviews the changes to the baseball field including moving the foul pole and adding a warning track.  An abutter from 29 Alcott Way asks about the wooded area that blocks sound and lighting.  Mr. Lynch states that sound and lighting issues are not Conservation Concerns typically.  The Administrator states that the Planning Board will review noise and lighting issues.  A motion to grant the request for a continuance to the April 12, 2017 meeting is made by Mr. Lynch, seconded by Ms. Feltovic.  Vote unanimous. Documents:  Application Checklist-Notice of Intent  WPA Form 3-Notice of Intent  Letter prepared by VHB, Inc. filing a Notice of Intent with the North Andover Conservation Commission dated March 10, 2017  Copy of State and Town Checks  Notification to Abutters Form  Certified Abutters List prepared by the Town of North Andover Assessors Department dated February 16, 2017  Figure 1-Site Aerial Locus Map prepared by VHB, Inc. dated February 27, 2017  Figure 2-Site Aerial Map prepared by dated February 28, 2017  Figures 3-National Heritage & Endangered Species Aerial Map prepared by VHB, Inc. dated February 28, 2017  FIRM Flood Insurance Rate Map prepared by VHB, Inc. dated July 3, 2012  Attachment A: Notice of Intent Narrative prepared by VHB, Inc. dated February 28, 2017  Attachment B: Site Photographs Log prepared by VHB, Inc. dated January 25, 2017  Photographic Log prepared by VHB, Inc. dated January 8, 2016  Photographic Log prepared by VHB, Inc. dated January 8, 2016  Delineation Field Form prepared by VHB, Inc. dated January 8, 2016  Master Plan prepared by VHB, Inc. dated March 2, 2017, revised March 7, 2017, revised March 10, 2017 242- , 1099 Salem Street (Kindred Homes, Inc.)(Marchionda & Associates, L. P.)  Craig Marchionda of Marchionda & Associates, L. P. represents the applicant  Administrator presents her comments including alternatives analysis needed for driveways in the 50’ NBZ and potential application of the Stormwater Bylaw as well as concerns about erosion control and construction phasing.  Mr. Lynch states the acreage of alteration is just below the threshold and not filing a Land Disturbance permit seems disingenuous.  Mr. Manzi recommends addressing problems up front.  Mr. Marchionda reviews the proposed driveways and discusses issues with moving them to the right; mainly there is a utility pole in the way.  Mr. Lynch states there is not enough area to slow water runoff down the driveways. He suggests pitching the driveways to swales.  The Administrator states silt sock is not adequate erosion control for this site.  Mr. Marchionda states soil test pits were variable, some perked, the site is mostly till.  The Administrator reviews her interpretation of the Stormwater Management Bylaw and why it should apply to this site despite the disturbance of .98 acres. She states it is ultimately for the Planning Board to decide.  Mr. Lynch states more thought is needed on the stormwater management plan.  Mr. Saal asks why the applicant does not consider a single common driveway.  Mr. Marchionda states a common driveway makes it more difficult to sell lots.  Mr. Andre Abou-Farah of 1116 Salem Street states he prefers two driveways. He also has concerns about blasting.  Mr. Manzi states blasting is done outside of the commissions jurisdiction.  Mr. Marchionda states they do not have Board of Health approval yet for the septic systems.  Mr. Manzi states the blasting is outside of the 100-foot Buffer Zone.  A motion to grant the request for a continuance to April 12, 2017 meeting is made by Mr. Lynch, seconded by Ms. Feltovic.  Vote unanimous. Documents:  Application Checklist-Notice of Intent  WPA Form 3-Notice of Intent  Narrative  Site Locus Aerial Map dated March 3, 2017  Mass GIS Online Mapping Tool prepared by Marchionda & Associates. L. P. dated March 9, 2017  Firm Aerial Flood Insurance Rate dated July 3, 2012  Notification to Abutters Form  Certified Abutters List prepared by the North Andover Assessors Department dated February 28, 2017  Copy of State & Town Check  Letter prepared by John J. Borgesi, P. E. of the North Andover Division of Public Works referred to North Andover Planning Board dated March 6, 2017  Letter prepared by Marchionda & Associates, L. P. dated February 17, 2017  North Andover MIMAP prepared by the North Andover Conservation Department dated March 22, 2017  Notice of Intent Plan prepared by Marchionda & Associates, L. P. dated March 7, 2017 General Business: 8:15PM Essex County Greenbelt-Meadow Fish Place  Mr. Manzi recuses himself as owner of the property.  Vanessa Johnson Hall of Essex County Greenbelt presents the application to be presented to the Community Preservation Committee to purchase the property. She reviews the features that make the parcel an important acquisition including Mosquito Brook as well as connections to Purgatory Swamp and Bruin Hill as well as contiguous access to Foster Farm. Greenbelt would like to know the commission’s position on ownership (either fee or holders of CR). If Greenbelt held the fee they would be responsible for trails, signage, and managing access. CR holders would be responsible for monitoring and enforcement. Greenbelt would be draft the CR. Greenbelt currently holds the fee in the adjacent Farnsworth parcel.  Mr. Lynch states Greenbelt’s ownership of the adjacent property means it would make sense to hold the fee in this property as well.  Ms. Hall states she agrees as Greenbelt has the resources to manage the property. 242-1384, COC Request, 1980 Turnpike Street (Elm Square Industrial Condo)  Administrator states no work was never done under this filing. She recommends issuing a COC for an invalid Order of Conditions.  A motion to issue the COC for 1980 Turnpike Street (invalid OOC) is made by Mr. Saal, seconded by Ms. Feltovic.  Vote unanimous. Documents:  WPA 8A-Request for a Certificate of Compliance  Copy of Town Check 242-1588, Extension Request, 464 Appleton Street (North Andover Realty Corporation) (Norse Environmental Services, Inc.)  Administrator states she conducted a site visit and the site is in compliance and regular monitoring reports are being received.  A motion to issue a one year extension is made by Mr. Lynch, seconded by Mr. Saal.  Vote unanimous. Document:  Letter prepared by Norse Environmental Services, Inc. request for a one year extension to the Order of Conditions 242-1636, Modification Request, 90 Molly Towne Road (Lot 15A) (Norse Environmental Services, Inc.)  The Administrator reviews the proposal and plan to add a block retaining wall and extend the existing patio with a fireplace feature.  Mr. Lynch states this will be the new plan of record.  A motion to issue the minor modification is made by Mr. Lynch, seconded by Ms. Feltovic.  Vote unanimous. Documents:  Letter prepared by Norse Environmental requesting a modification for above site. The applicant are requesting to level out their backyard by proposing a block retaining wall 53-feet from the Bordering Vegetated Wetland, install extend patio and construct a fireplace feature. Erosion controls will be set and maintained for the duration of the work  Copy of Town Check  Site Plan Modification #3 prepared by Christiansen & Sergi, Inc. dated February 28, 2017, revised March 10, 2017 242-1169 & 242-1447, COC Request, 2357 Turnpike Street (Meadows) (Maplewood Reserve/Oakridge Village) (Valley Realty Development, LLC) (cont. from 2/22/17)  Administrator states Merrimack Engineering Services, Inc. did not get the revised as-built as promised.  Mr. Lynch discusses contacting the Board of Registration for engineers to file formal complaint.  The commission would like the company taken off their list of Engineers and Surveyors and Wetland Scientists.  The commission asks the Administrator to speak with town counsel regarding the proper action to take against the engineer who is holding up this project.  A motion to grant the request to a continuance to the April 12, 2017 meeting is made by Mr. Lynch, seconded by Ms. Feltovic.  Vote unanimous. 242-1559, Extension Request, 40 Sugarcane Lane (LaGrasse)  Administrator states the applicant needs an extension to complete plant monitoring this spring.  A motion to issue one year extension is made by Mr. Lynch, seconded by Mr. Saal.  Vote unanimous. Document:  Letter prepared by Mr. Joseph LaGrasse of 40 Sugarcane Lane for the request of one year extension dated March 3, 2017 Edgewood Small Home Project-Parking License  The Administrator reviews the Parking License drafted with town counsel and recommends accepting the language as reviewed by Mr. Mabon.  A motion to recommend acceptance of the parking license as drafted is made by Mr. Lynch, seconded by Ms. Feltovic.  Vote unanimous. Document:  Parking License - Edgewood A motion to adjourn the meeting at: 9:00PM is made by Mr. Lynch, seconded by Ms. Feltovic. Vote unanimous.