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HomeMy WebLinkAbout2017-06-14 Conservation Commission Minutes North Andover Conservation Commission Meeting Minutes June 14, 2017 Members Present: Albert P. Manzi, Chairman, Jr., Deborah A. Feltovic, Sean F. McDonough Douglas W. Saal. Members Absent: Louis A. Napoli, Chairman, John T. Mabon, Joseph W. Lynch, Jr. Staff Members Present: Jennifer A. Hughes, Conservation Administrator; Kale Kalloch-Getman, Conservation Agent Meeting came to Order at: 7:07 PM Quorum Present. Pledge of Allegiance Approval of Minutes of 4/12/2017  A motion to accept the meeting minutes 0f 4/12/17 as drafted and reviewed is made by Ms. Feltovic, seconded by Mr. McDonough.  Vote unanimous. Public Meeting: 7:09PM NACC#190, 40 Duncan Drive (North Andover Division of Public Works)  The administrator states proposed fire hydrant is outside the buffer but trenching of the project is within the 100 foot buffer.  Mr. McDonough asks how close the trenching will get to the wetland  The administrator states it will be greater than 50 feet from the wetland  Mr. McDonough asks if the activity is covered under any other regulations  The administrator states that it is an exempt activity  A motion to approve the small project 4.4.2L conditions pre and post-construction review is made by Mr. McDonough, seconded by Ms. Feltovic.  Vote unanimous. Documents:  Application Checklist-Small Project  Small Project Procedures  Letter prepared by the North Andover Division of Public Works dated May 12, 2017  GIS Aerial Map prepared by the North Andover Division of Public Works dated May 12, 2017  Plan of Land prepared by North Andover Division of Public Works dated May 12, 2017 NACC#191, 60 Patton Lane (Baez) (Markey Land Development Consulting)  The administrator states that the proposal is for a fence in the backyard of a single family residence.  The Agent presents the fence location and the resource areas.  The Administrator states no trees will be removed  Mr. McDonough asks about wetland markers and the location of the stone wall.  The Agent states the fence will be in a wooded area and the stone wall only marks the easement area on the property. 1 North Andover Conservation Commission Meeting Minutes June 14, 2017  A motion to issue a small project 4.4.2H for 60 Patton Lane is made by Mr. McDonough, seconded by Ms. Feltovic.  Vote unanimous. Documents:  Application Checklist-Small Project  Small Project Procedures  Copy of Town Check  Proposed Pool Site Plan prepared by Markey Land Development Consulting dated April 11, 2016 Requests for Determination of Applicability 380 Winter Street (Bannister) (Elliot Brundage Landscape Design) (cont. from 5/24/17) (request to withdraw)  The administrator states that applicant has asked that the Request be withdrawn without prejudice.  A motion to allow for the request to be withdrawn without prejudice is made by Mr. Saal, seconded by Ms. Feltovic.  Vote unanimous.  Document:  Elliot Brundage Landscape Design requests to withdraw the determination of applicability 20 English Circle (Grasso) (Merrimack Engineering Services, Inc.)  The administrator states that the proposal is for an above ground pool and states that some brush had been dumped in the wetland sometime in the past.  The administrator presents photos of the brush  The administrator states that there is an ephemeral pool 80 feet away from the proposed pool and a fence previously extended.  Mr. Grasso, homeowner, states that he wants to put in a 20 foot long pool  Mr. Manzi asks if a compost area can be built to provide a place to dump brush  The administrator states that it can  Mr. Manzi states that the administrator can help with choosing a location.  The administrator states that the plan sketch should include a new fence location  Ms. Feltovic states that 2 wetland signs should be posted.  The administrator states that they can be zip tied to the fence  A motion to grant the negative determination #3 with conditions for pre and post-construction meetings as well as 2 wetland signs to be zip tied to the fence is made by Ms. Feltovic, seconded by Mr. Saal.  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  Project Narrative  Photos prepared by the North Andover Conservation Department dated June 14, 2017 2 North Andover Conservation Commission Meeting Minutes June 14, 2017  Massgis Topographic Features Basemap Aerial prepared by the North Andover Conservation Department dated June 14, 2017  Notification to Abutters Form  Certified Abutters List prepared by the North Andover Assessors Department dated May 22, 2017  As-built Plan Subsurface Disposal System prepared by Merrimack Engineering Services, Inc. dated September 9,1991,revised November 20, 1991 430 Osgood Street (North Andover High School) (Gale Associates, Inc.)  James Mealey of the North Andover School Department and Peter Spanos of Gale Associates, Inc. are present.  The administrator states that the proposal is to replace existing turf carpeting for the synthetic fields at the high school. She states that all the work will be inside the track on one field. She states there the Order of Conditions for the High School construction is still open and a timeline to close it out is needed.  Mr. Spanos states the carpet on the fields has reached its useful life and needs to be replaced. He also states that an erosion control barrier will be placed along the downgradient slope, the turf will be rolled up and removed, the field will be laser leveled and the new turf will be installed. No work will occur beyond the existing fences around the fields.  Mr. McDonough asks which fields will be replaced and how old are they.  Mr. Spanos states that both fields will be replaced. And they were installed between 2003 and 2004  Mr. McDonough states that they have received heavy use and the turf reacts to sunlight  The administrator asks if there will be stockpiling  Mr. Spanos states that there will be stockpiling in the parking lot.  The administrator states that stockpiling should not be in the buffer zone.  Ms. Feltovic asks when the work will be done.  Mr. Spanos states it would be done this summer.  A motion to grant the negative determination #2 and #3 with conditions for pre & post construction inspections and a Certificate of Compliance Request to be submitted by June 2018 on the first meeting July 2018 is made by Mr. McDonough, seconded by Ms. Feltovic.  Vote is 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  Project Narrative  USGS Site Locus Map prepared by Gale Associates, Inc. dated May 31, 2017  Natural Heritage Data Map prepared by Gale Associates, Inc. dated May 31, 2017  FEMA Map prepared by Gale Associates, Inc. dated July 3, 2012  Notification to Abutters Form  Certified Abutters List prepared by the North Andover Assessors Department dated May 23, 2017  North Andover High School Replacement of Turf Field prepared by Gale Associates, Inc. dated June 2, 2017 Hillside Road (Columbia Gas of MA) (Merrill Engineers and Surveyors) 3 North Andover Conservation Commission Meeting Minutes June 14, 2017  No one from the gas company was present. The Administrator presents that similar work has been done in areas downtown and all conditions have been adhered to. She reviews the location of the wetland area on an aerial plan.  Work will be within the shoulder or paved roadway.  A motion to grant the negative determination #3 with conditions for pre & post construction inspections, that no stockpiling of material or dewatering within the 100 foot buffer is made by Mr. McDonough, seconded by Ms. Feltovic.  Vote unanimous. Documents:  Letter prepared by Merrill Engineers and Land Surveyors dated May 15, 2017  Application Checklist-Request for Determination of Applicability  WPA Form 1-Request for Determination of Applicability  General Information  Project Description  Signatures and Submittal Requirements  Project Narrative  Priority Habitat of Rare Species, Estimated Habitat of Rare Wildlife & Certified Vernal Pools Map prepared by Merrill and Land Surveyors dated May 15, 2017  USGS Site Locus Map dated May 15, 2017  Wetland Delineation Overlay Plan prepared by Merrill Engineers Surveyors dated May 15, 2017 Abbreviated Notice of Resource Area Delineation 242-1704, 189 Willow Street (Tanner) (Merrimack Engineering Services, Inc.) (cont. to from 5/24/17) (Request to cont. to 6/28/2017)  A motion to continue the public meeting to 6/29/17 is made by Ms. Feltovic and seconded by Mr. McDonough.  Vote: Unanimous Document:  E/Mail prepared by Seekamp Environmental Consulting, Inc. request for a continuance to June 28, 2017 meeting dated June 14, 2017 Notice of Intent (NOI) 242-1700, 203 Cotuit Street (Deschamp) (Norse Environmental Services, Inc.) (cont. from 5/24/17)  Bob Douglas is present to represent the applicant.  The administrator states that an alternatives analysis has been prepared and a waiver of the 50’ buffer zone has been requested.  Mr. McDonough asks if it is possible to put a pool on the side of the house.  Mr. Douglas states that it would not be desirable  Mr. Manzi asks if there is any chance that the town has records of the prior pool that was on the site. He states that the alternatives analysis refers to an unpermitted pool and states that this is an issue.  The administrator states that the department could look for it.  Mrs. Deschamp, homeowner, states that there was a permit for the above ground pool  The Administrator finds a copy of the sign off made by the prior field inspector in the file.  Mr. Manzi asks if the commissioners have any questions. 4 North Andover Conservation Commission Meeting Minutes June 14, 2017  The administrator states that the permit was signed off on because it was an above ground pool within a developed yard.  The administrator states that a non-backwash filter and mitigation has been presented and that the commission will need to vote on the waiver  A motion to grant the waiver is made by Ms. Feltovic seconded by Mr. Saal.  Ms. Feltovic, Mr. Manzi and Mr. Saal vote in favor of the motion. Mr. McDonough votes against. Motion passes  The administrator states a revised plan showing the retaining wall outside the 25’ No-Disturbance Zone is needed.  A motion to close the public hearing and issue an Order of Conditions is made by Ms. Feltovic and seconded by Mr. Saal.  Vote: Unanimous Documents:  Letter prepared by Norse Environmental Services, Inc. alternative analysis dated February 10, 2017  Application Check List-Notice of Intent  WPA Form 3-Notice of Intent  General Information  Project Description  Signatures and Submittal Requirements  Project Narrative  Photos prepared by the North Andover Conservation Department dated February 15, 2017  MassGIS Aerial Map prepared by the North Andover Conservation Department May 2016  NOI Wetland Fee Transmittal Form  Affidavit of Service prepared by Norse Environmental Services, Inc. dated February 10, 2017  Notification for Abutters Form  Certified Abutters List prepared by the North Andover Assessors Department dated January 25, 2017  USGS Site Locus Map prepared by Norse Environmental Services, Inc. dated February 10, 2017  FEMA Map prepared by Norse Environmental Services, Inc. dated July 3, 2017  Topographic Plan of Land prepared by Merrimack Engineering Services, Inc. dated January 25, 2017, revised June 15, 2017 242-1706, 0 Rea Pond/224 French Farm Road (North Andover Division of Public Works) (Epsilon Associates, Inc.)  Rhianna Sommers from Epsilon Associates states that upgrades to the sewer system were required by the planning Board as part of the approval for 1210 Osgood Street/Forgetta Farm. She states that the work is within the sewer easement on the Rea’s Pond property and that the wetlands have been delineated.  The administrator states that the isolated E series extends into the ROW but that area may not meet size requirement for the isolated wetland to be jurisdictional under the town bylaw  Ms. Sommers states that mats will be used during construction and the row will be used to access the area. Compost tubes and silt fence will be installed  Jennifer McMillan of 224 French Farm Road asks how long the project will take.  The administrator states that it will take one to two weeks  The administrator states that the work is proposed for the summer and the cul-de-sac will not be used for access.  Ms. McMillan states that she is concerned about how the area will be secured  Ms. Sommers states that trenches will not be left open. 5 North Andover Conservation Commission Meeting Minutes June 14, 2017  The administrator states that 224 French Farm Road was used as a subject property and she will find out why the property was excluded from the abutters list.  A motion to continue is made by Mr. McDonough, seconded by Ms. Feltovic.  Vote unanimous. Documents:  Letter prepared by Epsilon Associates, Inc. dated June 2, 2017  Application Checklist-Notice of Intent  WPA Form 3-Notice of Intent  General Information  Project Description  Signatures and Submittal Requirements  Project Narrative  Photos Aerial Map prepared by Epsilon Associates, Inc. dated June 2. 2017  Priority Habitat of Rare Species, Estimated Habitat of Rare Wildlife & Certified Vernal Pools Map prepared by Epsilon Associated, Inc. dated June 28, 2017  USGS Site Locus Map prepared by Epsilon Associates, Inc. dated June 2, 2017  Notification to Abutters Form  Certified Abutters List prepare by the North Andover Assessors Department dated May 2, 2017  Figure 6-DPW Sewer System Map dated June 2008  Affidavit 0f Service prepared by Epsilon Associates, Inc. dated June 2, 2017  Site Photographs prepared by Epsilon Associates, Inc. June 2, 2017  Legend 3 Aerial Map Prepared by Epsilon Associates, Inc. June 2, 2017 Enforcement Orders 202 Marbleridge Road (Fugere) (cont. from 5/24/17)  The administrator states the she had observed that a large pile of material had been moved out and there were no trees  Mr. West states that the area had been cleared at the edge of lawn, the closest point of which was 20 feet from the wetland where the existing shed was  Mr. West states that restoration shrubs will compete with invasives and adding mulch will also help  Mr. West presents a plan for the fence and refers to a map  Mr. West states that the fence will be part vinyl privacy fence to the road and chain-link in the back.  The administrator states that the work will be outside the 25 foot buffer except for the shed.  Mr. Pollano, homeowner, states that he would like the fence to be right behind the shed  The administrator states the maintenance of the shed will be easier if the fence is behind the shed.  Mr. Manzi states he is ok with the fence behind the shed.  The administrator states the fence will be part of the enforcement order  Mr. Pollano states the fence will be installed by Labor Day.  The administrator states the fence should be staked in the field. She states Mr. West will monitor the area for one year  Mr. West asks if the brush piles can be removed.  Mr. Manzi agrees.  A motion to issue a revised EO for the fence and restoration is made by Mr. McDonough, seconded by Ms. Feltovic.  Vote is unanimous. 6 North Andover Conservation Commission Meeting Minutes June 14, 2017 Documents:  Letter prepared by the North Andover Conservation Department Violation dated May 5, 2017  WPA Form 9-Enforcement Order dated May 5, 2017  Photo prepared by the North Andover Conservation Department dated May 2, 2017 1116 Great Pond Road (AC Landscaping)  Mr. Manzi states the commission is being asked to terminate the enforcement order.  Mr. Manzi asks if the Enforcement Order can be replaced with a management plan.  The administrator states that the bittersweet needs to be removed  The administrator states that a compliance letter can be issued and a report can be required.  Mr. McDonough asks if it is possible to continue for two weeks to allow for inspection.  A motion to release the Enforcement Order is made by Mr. McDonough seconded by Ms. Feltovic.  Vote unanimous. Documents:  Photo prepared by the North Andover Conservation Department dated June 1, 2017  Photo prepared by the North Andover Conservation Department dated June 28, 2017  Letter to release the Enforcement Order by prepared by the North Andover Conservation Department dated July 12, 2107 0 Elmwood Street (Hennessy)  The administrator states that she received reports of heavy equipment operating at the end of Elmwood Street.  The administrator states that digging had occurred adjacent to a pond which borders on the Shawsheen River and includes BLSF  The administrator states that she issued a violation letter and had a meeting on site with the owners.  The administrator states that fill material have been pushed over the slope and needs to be removed, and then the area needs to be loamed and seeded.  Documents:  Letter Enforcement Order Violation prepared by the North Andover Conservation Department dated June 19, 2017  Photos prepared by the North Andover Conservation Department dated July 11, 2017 General Business: 8:00PM 242-1169 & 242-1447, COC Request, 2357 Turnpike Street (Meadows) (Maplewood Reserve/Oakridge Village) (cont. from 5/24/17)  The administrator states that she inspected the site this week. Many patios are larger than proposed but none extend beyond the approved limit of work. Some decks have been turned into paver patios.  The administrator states that 242-1169 was signed off on a few years ago.  The administrator states that phase 1 an 2 of the project have been completed and consultant Lisa Eggleston signed off on Phase 3  Mr. McDonough asks if Ms. Eggleston was okay with the deck extensions and paver patios.  The administrator states that she was.  Mr. McDonough asks if the additional pavers affect the stormwater system  The administrator states that it would not.  The administrator states that the project is ready for a full and final Certificate of Compliance. 7 North Andover Conservation Commission Meeting Minutes June 14, 2017  A motion to issue the COC for 2357 Turnpike Street is made by Mr. McDonough, seconded by Ms. Feltovic.  Vote unanimous. Documents:  Letter prepared by Merrimack Engineering Services, Inc. request for COC dated June 13, 2017  WPA Form 8A-Request for a Certificate of Compliance  Copy of Town Check  As-Built Plan of Land prepared by Merrimack Engineering Services, Inc. dated June 12, 2017 242-1045, PCOC Request, 430 Osgood Street (North Andover High School) (Gale Associates, Inc.)  James Mealey of the School Department is present.  The administrator states that request for a partial Certificate of Compliance is limited to the synthetic fields that will be replaced this summer.  Mr. Mealey states that the PCOC is for the fields themselves.  The representative from Gale Associates states that the parking lot drainage system and catch basin was pre- existing and confirms that there is no subsurface drainage system for the fields.  The administrator states that in the upper field the request is to review the track area only but that is an area that was riprapped and this needs to be added to the plan  The representative from Gale Associates states that he has brought a revised plan which shows the rip rap.  Mr. Manzi asks if everything is working.  The Administrator confirms that it appears to be functioning as intended.  A motion to issue the PCOC for 430 Osgood Street with the condition that a Request for a Certificate of Compliance be submitted within 12 months is made by Mr. McDonough, seconded by Ms. Feltovic.  Vote unanimous. Documents:  WPA Form 8A Request for Partial Certificate of Compliance  As-Built Plan for the Fields only prepared by Gale Associates, Inc. dated July 2, 2017 242-115, PCOC Request, 100 Johnnycake Street (Carlton Farms East) (Byers Attorney at Law)  The agent states that the lot is part of a subdivision dating back to the 1980s.  The agent states that the lot does not border on any resource area or resource area buffer.  A motion to issue the PCOC for 100 Johnnycake Street is made by Mr. McDonough, seconded by Mr. Saal.  Vote unanimous. Document:  Letter request a partial certificate of compliance prepared by Byers Attorney at Law dated June 17, 2017  WPA Form 8A-Request for Certificate of Compliance  Copy of Town Check 242-1668, COC Request, 180 Mill Road (Goldman) (Sullivan Engineering Group, LLC)  The administrator states that she and the agent reviewed the site and that it is ready for a full and final Certificate of Compliance.  A motion to issue the COC for 180 Mill Road is made by Mr. McDonough, seconded by Ms. Feltovic.  Vote unanimous. Documents:  Letter request certificate of compliance prepared by Sullivan Engineering Group, LLC dated June 7, 2017  WPA Form 8A-Request for Certificate of Compliance 8 North Andover Conservation Commission Meeting Minutes June 14, 2017  Copy Town Check  As-Built Plan of Land prepared by Sullivan Engineering Group, LLC dated May 18, 2017 242-135, COC Request 45 Beechwood (Formerly 1545 Osgood Street) (Albert F. Contarino)  The agent states that this a commercial subdivision that dates back to the 1980’s and that there were no as- builts required for the project.  The agent states that the project appears to be what was approved under the Order of Conditions.  Mr. Boulanger presents the project’s history.  A motion to issue the COC for 45 Beechwood is made by Mr. McDonough and is seconded by Ms. Feltovic.  Vote unanimous. Documents:  Letter prepared by Joseph E. Boulanger request for certificate of compliance dated June 7, 2017  WPA Form 8A-Request for Certificate of Compliance  Copy of Town Check  Plan of Land prepared by Christiansen & Sergi, Inc. dated July 17, 1994 Wellington Woods Conservation Restriction (cont. from 5/24/17)  The administrator states that a change was made to the CR which grants the Homeowners Association ownership, rather than the developer and the NACC will hold land around the development.  A motion to approve the Conservation Restriction is made by Ms. Feltovic, seconded by Mr. McDonough.  Vote unanimous. A motion to adjourn the meeting at: 8:55 PM is made by Mr. Saal, seconded by Ms. Feltovic. Vote unanimous. 9