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HomeMy WebLinkAbout2017-07-12 Conservation Commission Minutes North Andover Conservation Commission Meeting Minutes July 12, 2017 Members Present: Louis Napoli, Chairman, Albeit p. Manzi, Vice Chair, Deborah A. Feltovic, Douglas Saal. Joseph Lynch Members Absent: John Mabon, Sean McDonough. Staff Members Present: Jennifer A. Hughes, Conservation Administrator Meeting canoe to Order at. 7:04 PM Quorum Present. Pledge of Allegiance Approval of Minutes of 51241201.7 • A motion to accept the meeting minutes Of 5124117 as drafted and reviewed by Ms. Feltovic, is made by Mr. Manzi and seconded by Mr. Lynch. • Vote unanimous. NACC#192, 141 Berry Street(Moon) cont.from 6128117) • The administrator presents the proposal to construct a stone patio and pergola on concrete footings. She states there is a mortared stone wall between the work and the wetland and the applicant previously approved a shed under a small project. • A motion to accept the small project under 4.4.2 F & L is made by Mr. Manzi and seconded by Mr. Lynch. • Vote: Unanimous • A motion to approve the proposal as presented with conditions for pre and post-construction review is made by Mr. Manzi, seconded by Mr. Lynch. • Vote unanimous. Documents: • Application Checklist-Small Project • Narrative Description/Scope of Work, Existing House Plan with hand edits and GIS Aerial Map prepared by Jeffrey P. Moon NACC#193, 351 Holt Road (Atlantic North Andover Realty, LLC) (Metrowest Engineering, Inc.) (cant. from 6128117) • The administrator presents the proposal to mill and repave a portion of the existing access drive in the buffer zone to BVW. • Mr. Lynch asks if this is just grinding and repaving. • The Administrator states yes and erosion control is proposed. • A motion to accept the proposal as a small project 4.4.2L is mad by Mr. Manzi and seconded by Ms. Feltovic. • Vote unanimous. • A motion to approve the project as proposed with silt sock erosion control and a pre and post construction inspection is made by Mr. Manzi and seconded by Ms. Feltovic. • Vote: Unanimous 1 North Andover Conservation Commission Meeting Minutes July 12, 2017 Documents: • Application Checklist-Small Project • Pavement Improvement Plan prepared by Metrowest Engineering, Inc. dated June 20, 2017 NACC41.94, 120 Thistle Road (Morrissey)(LeMay Construction) (cont.from 6/28117) • The administrator presents the proposal to add a roof and screening to an existing deck. No new supports will be required and the drainage will go into the existing infiltration system. She asks the commission if they think wetland markers should be required. • No markers are required. • A motion to accept the proposal as a small project 4.4.2L is made by Mr. Manzi and seconded by Ms. Feltovic. • Vote unanimous. • A motion to approve the project as proposed with a post construction inspection is made by Mr. Manzi and seconded by Ms.Feltovic. • Vote: Unanimous Documents: • Application Checklist-Small Project • Narrative • Portion of Site Plan for#.120 • Drawings A1, A3 &A4 • House Photo NACC#195, 125 Peach Tree Lane(Tenenbaum) (Family Pools,Inc.)(cont. from 6128/17) • The administrator presents the proposal to construct an in-ground pool outside the buffer zone with construction access and staging within the buffer zone. She states there is yard waste dumping within the wooded area adjacent to the wetland. • Mr. Lynch asks if the Administrator reviewed the history of the property. • She did. • Mr. Manzi states the commission should educate the homeowner about proper composting/disposal of yard waste. • Mr.Napoli asks about a stockpile location. • The Administrator recommends that there be no stockpiling in the buffer zone. • A motion to accept the proposal as a small project 4,4.2L is made by Mr. Lynch and seconded by Ms. Feltovic. • Vote unanimous. • A motion to approve the project as proposed with conditions for a 12"silt sock,no stockpiling and a pre and post construction inspection is made by Mr. Lynch and seconded by Ms. Feltovic. • Vote: Unanimous Documents: • Application Checklist-Small Project • 125 Peach Tree Exhibit Plan Prepared by Hancock Survey Associates, Inc. NACC# 196,224 Foster Street(F P Reilly and Sons,Inc) 2 North Andover Conservation Commission Meeting Minutes July 12,2017 • The administrator presents the proposal to overlay an existing driveway within the buffer zone to BVW and to pulverize, grade and pave beyond the existing access gate and farther from BVW than the overlay work. Erosion control is proposed along the edge of the drive. • A motion to consider the proposal as a small project 4.4.21, is made by Mr. Lynch and seconded by Ms. Feltovic. • Vote four in favor and one abstention(Mr. Manzi). • A motion to approve the project as proposed with conditions for a 12" silt sock, pre and post construction inspections, no stockpiling in the buffer zone and all work to be stabilized within 14 days of finishing the work is made by Mr. Lynch and seconded by Ms. Feltovic. • Vote: four in favor and one abstention(Mr.Manzi) Documents: • Application Checklist-Small Project • Aerial Plan with color coded mark-up to differentiate overlay and pulverized areas received June29, 2017 • MIMAP Aerial prepared by Conservation Department Requests for Determination of Applicability 1101. Turnpike Street(National Grid) (Coneco) • Hannah Raddatz of Coneco Engineers & Scientists, Inc. presents the proposal to repave and restripe the maintenance building parldng lot and repair and repave the main lot as well as conduct sidewalk repair. ,She states there will be no increase in impervious area and all impacts in Riverfiont will be temporary. Erosion control wattles will be installed. • The commission discusses pavement overlay versus replacement. • Mr. Lynch states silt sacks should be required in all catch basins. • A motion to allow for the request to be withdrawn without prejudice is made by Mr. Saal, seconded by Ms. Feltovic. • Vote unanimous. Document: • WPA Form land supporting documents including project narrative, dated June 16, 2017, prepared by Coneco Engineers and Scientists • Figures 1-5 dated 6/16/17 • Appendices A-D • Site Plan titled "Resource Area and BMP Map, Site Repaving and Repairs", dated 61161201 7and prepared by Coneco Engineers and Scientists 60 Deer Meadow Road (Mukherjee) (Williams&Sparages) • Greg Hochmuth of Williams & Sparages presents the proposal to conduct soil testing 35' below an existing house. He states a temporary access road will be required to access the area. Testing will be conducted in the area of the existing system and in an area beyond the stone wall. He states the new system will require a Notice of Intent. He further states that a crane may be able to lower a machine and the temporary access road may not need to be constructed.No mature trees will be removed as part of the process. An alternative would be a tight tank. • Mr. Lynch asks about the fill needed i i 3 North Andover Conservation Commission Meeting Minutes July 12, 2017 • Mr. Hochmuth states approximately S' of fill will be required. He states floodplain is shown on the property but data from two other sites nearby proves it is not in the area proposed for testing. • A motion issue a negative#3 determination with conditions for installation of erosion controls and pre and post construction inspections is made by Mr. Manzi and seconded by Ms. Feltovic. • Vote unanimous. Documents: • Request for Determination of Applicability 460 Deer Meadow Road prepared by Williams & Sparages dated June 29, 2017 including WPA Form 1, Narrative, Locus map, DEP Delineation Field Data Forms, Affidavit of Service, Notification to Abutters, Abutters Listing • Plan to Accompany a Request for Determination of Applicability in North Andover prepared by Williams & Sparages date June 28, 2017 Abbreviated Notice of Resource Area Delineation 242-1704, 189 Willow Street(Tanner)(Merrimack Engineering Services,Inc.)(cont.from 6/28/17) (Request to cont. to 7/26/17) • The Administrator states the applicant is waiting for a revised plan and requests a continuance. • A motion to grant the request for a continuance is made by Mr. Manzi, seconded by Ms. Feltovic. • Vote is unanimous Documents: • Email request to continue to the 7/26/17 meeting from Patrick Seekamp date July 6, 2017. Notice of Intent(NOI) 2421710, 0 North Main Street(North Andover DPW) (Sullivan Engineering Group,LLC)(cont.from 6/28/17) • Jack Sullivan of Sullivan Engineering presents the proposal to improve emergency access for the fire department to the Merrimack River at the North Main Street location. • William McCarthy,North Andover Fire Chief is also present. • Mr. Sullivan states that the existing boulder s would be excavated and a Tufftrack Paver System would be installed. The paver cells would be staked in place and filled with peastone. There would be boulders on the western side of the ramp and a retaining wall on the eastern side.He states the ramp will remain at the existing grade. Bollards will be placed at the top of the ramp and the ramp will not be public. • Mr. Lynch expresses concern about the stone washing out of the pavers. • Mr. Manzi asks about maintenance. • Mr. Lynch asks if a deeper cell is available. • The Administrator asks about the depth of staking for the cells. • A motion to continue the public hearing to 7/26/17 meeting for more information is made by Mr. Manzi and seconded by Ms. Feltovic. • Vote: Unanimous Documents: • Notice of Intent Piling including Project Summary, Completed WPA Form 3 Notice of Intent, Completed NOI Application Checklist, Certified Abutters List, Portion of FIRM Map, Portion of Natural Heritage Map, Notification to Abutters Form, Portion of USGS map, Portion of Tax Map, Site Photos, Signatures and Submittal Requirements • Plan titled 0 North Main Street Bank Stabilization prepared by Sullivan Engineering date March 15, 2017 4 North Andover Conservation Commission Meeting Minutes July 12, 2017 242-1.706,0 Rea Pond/224 French Farm Road(North Andover Division of Public Works) (Epsilon Associates,Inc.)(cont.from 6/28/17) • Phianna Sommers from Epsilon Associates reviews the outstanding issues from the last meeting. • The Administrator states the commission needs to discuss dewatering and recommends that it be something other than a filter bag. • Mr. Lynch asks about the width of the easement. • Mr.Napoli states the contractor will encounter water digging in French Farm Road. • Mr.Lynch states a frac tank should be required. • A motion to close the public hearing and issue a decision in 21 days is made by Mr. Lynch and seconded by Ms. Feltovic. • Vote unanimous. Documents: • Letter from Division of Fisheries and Wildlife dated June 28, 2017 242-1.709,75 Nutmeg Lane(Cavanaugh)(TKZ,LLC)(cont.from 6/28117) • The Administrator presents the proposal to construct a new single family home on the existing lot. She states the lot was approved as part of the Abbott Village Subdivision. She states the lot is on the up side of the existing common drive. • The applicant Tom Zahoruiko is present to address the commissions concerns. • Mr. Saal asks why the common drive will not be used. • Mr. Lynch states this is an existing subdivision and states the access to this lot should be shown on the subdivision plan. • The commission discusses the lot access. • Mr. Zahoruiko states he will pursue access to the lot over the common drive. • Mr. Zahoruiko reviews the new catch basin shown on the proposed plan. + A motion to close the public hearing and issue a decision in 21 days is made by Mr. Lynch and seconded by Ms. Feltovic. • Vote unanimous, Documents: • Notice oflntentApplication Checklist • WPA Form 3 including Notification to Abutters, Location Plan (USGS topo), &filing fee checks • Narrative Description of the Project • 75 Nutmeg Lane Plot Plan of Land dated June 2, 2017 and Existing Conditions Plan dated May 25, 2017, both prepared by Sullivan Engineering Group, -Inc. 242-1708,271 Stevens Street(Brecher)(Wetlands Preservation,Inc.) (cont.front.6128/17) • Proof of mailing to abutters is submitted. • Curt Young of Wetlands Preservation Inc, introduces Attorney Donald Bornstein and applicant Gerald Brecher. He presents the proposal to put a new home on the subdivided property and to add on to the existing home. He reviews the resource areas on the property. He states that portions of the property were formerly used as a contractor's yard. • The commission discusses the source of the stream that runs through the property. • Mr.Manzi states the hillside above contains tile drainage. • Mr.Young states the driveways pitch towards the street and porous pavement could be used.He states that roof drainage could also be added. 5 North Andover Conservation Commission Meeting Minutes July 12, 2017 • Mr. Lynch asks about soils on the site. • Mr. Young states no testing was done but the soil traps indicate Paxton soils. He states the applicant would be open to monumenting the no-disturbance zone with granite posts with markers or a fence, He states the current buffer zone has fill soils and invasive plants. He requests a waiver of the25-foot No-Disturbance zone for lawn area. • Mn Lynch states the commission does not grant waivers for lawn. • Mr. Manzi states permanent monumentation of the no-disturbance zone is needed. • Mr. Napoli states invasives on the other side of the stream should not be touched. • The Administrator states that the driveway is in the 50' No-Build Zone and alternatives have not been provided. • Mr. Napoli states there is a clear alternative for the driveway. • Mr. Young provides a driveway alternative. • Mr. Lynch states an alternative is to leave this a single family lot. • Mr. Manzi states the commission requires a 25-foot No-Disturbance Zone consistently throughout town. • Mr. Lynch states the applicant created his own hardship when he subdivided the lot. • Mr. Manzi states the applicant needs to seek a better alternative and get the driveway out of the 50'. • Ms. Feltovic makes a motion to continue the public hearing to July 26, 2017. • Mr. Saal states he is not in favor of local bylaws and provides an explanation. • Mr. Lynch states the bylaw is what we have now. • Mr. Manzi states bylaws are allowed under"home rule". • The Administrator states there is a great deal of science behind the bylaw regulations concerning the buffer zone. • Mr. Lynch states the 50' is required for a reason and relief is allowed when there is no alternative. • The commission discusses a site walk. • Mr. Bornstein provides some history of the property. He states the new home will have historic character. • A second to Ms. Feltovic's motion to close the public hearing is made by Mr. Lynch. • Vote unanimous. Documents: • Notice of Intent prepared by Wetlands Presentation Inc. Titled 271 Stevens Street—Lot Mated June 15, 2017 including WPA Form 3 and supporting documents including Attachments 1-6 • Mitigation Plan dated June 28, 2017(color) • Notice of Intent Plan dated June 28, 2017(color) 242- , 127 Vest Way(Marino)(Serwatka)(cont,6/28/17) • Joe Serwatka,project engineer,presents the proposal to replace the failing septic system.He states the current design was approved by the Board of Health.He states the base of the fill slope is the delineated wetland. All structural components of the system will be outside the 50-foot No-Build Zone. Sand and a sub-surface membrane will be within the 50. • The administrator presents photos of extensive construction debris within the resource area. • Mr. Lynch asks if the membrane is to protect the resource area. • Mr. Serwatka states the membrane is for grading purposes. • The administrator states the topography of the site leaves no alternatives for locating the system outside the 100' Buffer Zone. 6 North Andover Conservation Commission Meeting Minutes July 12, 2017 • The commission states the removal of debris can be conditioned. • A motion to continue the public hearing to the July 26, 2017 meeting is made by Ms. Feltovic and seconded by Mr. Manzi. + Vote is unanimous. Documents: • WPA Form 3 and supporting documents submitted June 8, 2017 • Plans titled Plan &Flow Profile (Sheet I of 2) and Details &Notes (Sheet 2 of 2) last revised 6/8/17 242- ,255 Hay Meadow Road(Ramanujam)(Engineering Land Services,LLC} • The plan is and letter are from a PLS not a PE. The commission discusses which is appropriate to do the plan for this property. • The commission discusses the wall/revetment. • Mr. Saal states if there is evidence of failure it should be evaluated for stability. • The Administrator states the wetland line shown on the plan does not agree with a delineation done in December of 2016. • A motion to continue the public hearing to the July 26, 2017 meeting is made by Mr. Saal and seconded by Mr. Lynch. • Vote unanimous. Documents: • WPA Form 3--Notice oflntent and supporting documents submitted June 29, 2017 • Conservation Site Plan prepared by Engineering Land Set-vices, LLC date 06-28-20.17 stamped by Robert M. Grasso, PLS 242-1711, 42 Foster Street 0YAntonio) (Christiansen & Sergi, Inc.) (cont. 6128117) (Request to cont, to 7/26117) • The administrator states the applicant has requested a continuance to the 7126117 meeting. • A motion to grant the request for a continuance to the 7/26/17 meeting is made by Ms. Feltovic and seconded by Mr. Manzi. • Vote: Unanimous Documents: • Email request from T.J. Melvin, P.E. dated July 6, 2017 Enforcement Orders 0 Elmwood Street(Hennessy) (cont.from 6128117) • The administrator provides an update that the violation has been remediated and the area has been properly graded and hydro-seeded. The area is being watered and should be fully stabilized in the next few weeks. • No further action taken. 1116 Great.Pond Road(AC Landscaping)(cont,from 6/28/17) • The Administrator states she re-inspected the property and found that the dead plants had been replaced and the remaining were thriving. She recommends releasing the Enforcement Order with the provision that the owners will continue to monitor and manage invasive species. • A motion to issue to release the EO is made by Mr. Manzi, seconded by Ms. Feltovic. • Vote unanimous. Documents: • Site Photos taken 6128/17 7 North Andover Conservation Commission Meeting Minutes July 12, 2017 810 Salem Street(Paige) (cont,from 11130116) • The Administrator reviews this was a continued matter from last year. She states the owner is out of town and asks for a continuance to the August 23, 2017 meeting. • A motion to continue the matter to the August 23, 2017 meeting is made by Mr. Saal and seconded by Ms. Feltovicl. • Vote unanimous. Doeurrment: • Email request to continue the matter to the 812312017 meeting dated July 12, 2017 General Business 242-1456,Extension Request, General Permit(North Andover Division of Public Works) • The Administrator states this is the first request to extend the DPW General Permit for l year. • A motion to extend the Order of Conditions for 1 year is made by Mr. Manzi, seconded by Ms. Feltovic. • Vote unanimous. Documents: • Letter requesting 1-year extension of DEP File #242-1456 dated June 27, 2017 242-458, COC Request,255 Hay Meadow Road (Ramanujam) • The commission states this matter should continue for a proper plana and issues with the after the fact NOI to be resolved. • A motion to continue the matter to the July 26, 2017 meeting is made by Mr. Lynch and is seconded by Mr. Manzi. • Vote unanimous. Documents: • Form 8A Request for Certificate of Compliance received June 29, 2017 • Compliance letter from Engineering Land Services, LLC dated Jame 21, 2017 • As-built plan prepared by Engineering Land Services, L.L.C. dated 06-28-2017 242-1237, COC Request, 122-124 Cotuit Street(Highview LLC}(Merrimack Engineering Services,Inc.) • There are issues with the as-built plan for this project that need to be resolved. She recommends continuing to the July 26, 2017 meeting. • A motion to continue the matter to the July 26, 2017 meeting is made by Mr. Manzi, seconded by Ms. Feltovic. • Vote unanimous. Documents • Form 8A Request for Certificate of'Compliance • As-Built Plan 122-124 Cotuit prepared by Merrimack Engineering Services, Inc. and dated June 9, 2017. Election of Officer • A motion to nominate Louis Napoli for chairman is made by Mr. Manzi and seconded by Mr. Lynch • Vote: Unanimous • A motion to nominate Albert Manzi for vice chair is made by Mr. Lynch and seconded by Ms. Feltovic. 8 North Andover Conservation Commission Meeting Minutes July 12, 2017 • Vote: Unanimous Decisions 242-1700,203 Cotuit Street— • A motion to issue the Order of Conditions as amended is made by Mr. Manzi and seconded by Mr. Lynch • Vote unanimous. 242-1.706, Rea's Pond/French Farm • A motion to issue the Order of Conditions as amended is made by Mr. Lynch and seconded by Ms. Feltovic • Vote unanimous. 242-1709, 75 Nutmeg Lane • A motion to issue the Order of Conditions as amended is made by Mr. Lynch and seconded by Ms. Feltovie • Vote unanimous. A -notion to adjourn the-neeting at is made by Ms. Feltovic and seconded by Mr.Manzi. Vote u rani-nous. 9