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HomeMy WebLinkAbout2017-10-11 Conservation Commission Minutes North Andover Conservation Commission Meeting Minutes October 11, 2017 Members Present: Louis A. Napoli, Chairman, Albert P. Manzi, Jr. Vice Chairman, Joseph W. Lynch, Jr., Deborah A. Feltovic and Douglas W. Saal. Members Absent: John T. Mabon and Sean F. McDonough Staff Member Present: Jennifer A. Hughes, Conservation Administrator Meeting came to Order at: 7:05 pm Quorum Present. Pledge of Allegiance Acceptance of Minutes July 26, 2017& September 13, 2017 • Motion to accept minutes of 07/26/2017 & 09/13/2017 as drafted and reviewed made by Ms. Feltovic seconded by Mr. Lynch • Vote unanimous Trails and Open Space Harold Parker State Forest—Boardwalk(Friends of Harold Parker & North Shore NEMBA) • Rob Jones explains the proposal to install a bog bridge over an intermittent stream on an approved trail. • The Administrator explains the purpose of the project is to prevent erosion and improve public access. • A motion to issue a friendly enforcement letter for the project as proposed is made by Mr. Lynch seconded by Ms. Feltovic • Vote unanimous Documents • Trail Improvement Project containing 6 sheets,prepared by Friends of Harold Parker NSNEMBA Small Project NACC #199, 55 Fuller Road (Deck) (Tabola) • The Administrator gives some background on the project and states that the property delineation has been verified as requested, and that all of the new proposed work that would be touching the ground would be outside the 50 foot no-build. The Conservation Department also added a third flag to the location. • Motion to approve as a Small project A &B by Ms. Feltovic seconded by Mr. Lynch • Vote unanimous • Motion to approve as proposed and conditioned with a pre and post construction inspection by Ms. Feltovic seconded by Mr. Lynch • Vote unanimous Documents • NACC Application Checklist—Small Project, dated 0812412017 prepared by Michael Tabola • Letter containing 7 sheets (includes deck plans &picture of deck), dated 0912912017 prepared by Michael Tabola. NACC #201, 101 Duncan Drive (Side and Back Yard) (D'Attorre) • The Administrator presents the proposal to remove 15 trees the majority of which have some sort of saw fly infestation and are mostly white pine or red pine, the closest tree is 46 feet to the Wetlands. The Administrator give a brief history of how this comes before the Commission as a Small Project instead of an Administrative act. • Motion to approve as a Small Project L by Ms. Feltovic seconded by Mr. Lynch. • Vote unanimous • Motion to approve the project as proposed and conditioned with replanting shrubs or hydrangeas, blueberry or winter berry, with the trees being either flush cut or grinded, pre and post construction inspection by Ms. Feltovic seconded by Mr. Lynch. • Vote unanimous Documents • 8 Photos of property and trees,prepared by Kale Getman • Ariel Photo of property,prepared by Kale Getman • NACC Application Checklist—Small Project, dated 1010212017,prepared by Ralph D'A ttorre • Letter, dated 1010212017,prepared by Ralph D Attorre • Small Project Procedures NACC #202, 125 Peach Tree Lane (Fence) (Tenenbaum) • The Administrator give some background on the past project on this site for an in ground pool and the proposed project of a fence for the pool and surrounding yard. The new fence plan would put the fence outside the 50 foot no-build zone but within the 100 buffer zone. Part of the fence would be chain link and part of it would be white vinyl. • A motion to approve as a Small Project H is made by Ms. Feltovic and seconded by Mr. Lynch. • Vote: Unanimous • Motion to approve the project as proposed with conditions for pre and post construction inspection is made by Ms. Feltovic and seconded by Mr. Lynch. • Vote: Unanimous Documents • NACC Application Checklist, dated 1010312017,prepared by Tenenbaum. • Description of Work,prepared by Tenenbaum. • Lot Plan picture • Picture of proposed fence • Picture of proposed fence details • Picture of house back stairs and pool. • Pictures 1-2 of Site work Public Hearings: 7:12PM Request for Determination of Applicability 97 Commerce Way (Jet Center) (EA Engineering, Science & technology) • The Administrator gives background on the project to remove buried fuel tanks and install new above-ground tanks. • Mr. Schneider states that the tanks will be outside the buffer zone but the erosion controls will be within the 100 foot buffer zone. • Mr. Lynch asks for clarification of the provided plan of the buffer zone location and the reason the application is before the Conservation Commission • The Administrator speaks to the reason for the need for a Negative Determination RDA request including there may be the need to do additional digging if contaminated soils are found. • Mr. Napoli asks about the monitoring of the project, what if any mitigation plan is proposed. Mr. Napoli also asks about the stockpiling of the clean soil and if contaminated soil is found how will that be addressed? Will you separate and cover? • Mr. Schneider states that they will be putting in an above ground double wall steel containment tank. Due to the location of the site, there will be not be stockpiling of soils on site. It will be placed in barrels tested and then disposed. • Motion to accept a negative determination#3 in the buffer zone is made by Mr. Lynch seconded by Ms. Feltovic. • Vote Unanimous Documents • Site Plan-Lawrence Jet Center, Wetlands Delineation &Protection Sketch Storage Tank Excavation, dated 0911912017,prepared by Dana F Perkins, Inc. • Request for Determination of Applicability (Containing 72 sheets) • WPA Form 1 Request of Determination of Applicability, dated 0912612017,prepared by EA Engineering, Science & Technology, Inc. PBC. • APPLICATION CHECKLIST-Request for Determination of Applicability (RDA) • Site Location Map, dated 0912017,prepared by EA Engineering, Science & Technology, Inc. PBC. • Existing Conditions Plan, dated 0912812017,prepared by Dana Perkins, Inc. • Wetland Delineation &Protection Plan Storage Tank Excavation, dated 0912812017, prepared by Dana F Perkins, Inc. • Conceptual Sketch Plan Storage Tank Installation, dated 0912812017,prepared by Dana F Perkins, Inc. • Certificate of Analysis, dated 0911912017,prepared by ESS Laboratory (containing 30 sheets) • Log of Soil Boring, dated 0910812017,prepared by EA Engineering, Science & Technology, Inc. PBC. (Containing 4 sheets) • FIRM map, dated 0710312012 • MassDEP Bordering Vegetated Wetland Delineation Field Data Form,prepared by EA Engineering, Science & Technology, Inc. PBC. • Town of North Andover Certified Abutters List dated 09/27/2017 • Copy of'Notification to Abutters letter • Copy of Certificate of Mailing Notice of Intent(NOI) 242-1712, 255 Hay Meadow Road (Ramanujam) (Engineering Land Services, LLC) • A motion to continue the public hearing at the request of the applicant to the October 25, 2017 meeting is made by Ms. Feltovic and seconded by Mr. Lynch. • Vote Unanimous Documents • E/Mail prepared by Stan Bigelow, Consulting Civil/Environmental Engineer request for a continuance to the October 25, 2017 meeting, dated October 06, 2017 242-1717, 2198 Turnpike Street(Solano) (Rimmer Environmental) (Septic) • Ms. Rimmer presents the proposal to install a replacement septic system. Ms. Rimmer speaks to the location of the project and the locations of the work and the stockpiling. • The Administrator states she has reviewed the delineation and speaks to the condition of the site including a structure and some steel drums in the buffer zone. • Ms. Rimmer states that the system is in disrepair and needs to be replaced. • The commission would like a condition to discuss the structure and steel drums at a pre- construction site visit. They also would like monumention of the existing tree line • A motion to close the public hearing and issue an Order in 21 days is made by Mr. Lynch • seconded by Ms. Feltovic • Vote is unanimous Documents • WPA form 3,prepared by Rimmer Environmental Consulting, LLC. • Copy of'Notification to Abutters letter • Town of North Andover Certified Abutters List dated 0911112017 • Notice of Intent, Septic System Repair,prepared by Rimmer Environmental Consulting, LLC 242-1719, Massachusetts Ave. @ Chickering Rd. (MassDOT) (Green International Affiliates) Susan MacArthur from MassDOT is at the podium and states that this project is for the intersection improvement at Chickering Road and Massachusetts Avenue, Routes 125 & 133 as such this is considered a limited project under the Wetlands Protection Act. The project includes roadway widening, lane configuration, pavement markings, some drainage improvements and some pedestrian accommodations as well. As a result of the project there will be some bank impacts to the intermittent stream nearest the intersection. There is also a drainage ditch on the side of Chickering Road that does have some Wetland Vegetation within it and some hydrologic features. The Wetland Vegetation could be affected by the proposed project, so we are proposing to grade it out enhance it, make it a little larger, remove invasive species and then reseeding it with a Wetlands seeding mix. She states the project was before you in the past with an RDA and it received a positive determination at that time. • Kristen Hayden from CLD/Fuss & O'Neill is at the podium to address the details of the proposed project. Ms. Hayden discuss the fact that there is currently and outfall area for drainage which is considered a Wetland Area and this project will replace it and enlarge it a little. Ms. Caulfield states that the project proposed to increase the impervious area by about 33,000 square feet so there will be additional runoff draining into the outfall area,but with the proposed increase to the Wetland Area it will mitigate that additional runoff • Mr. Lynch asks Ms. Hayden if they have done the calculations for that. Mr. Lynch states that the reason he is asking a very direct questions is that this application was before the Commission approximately 13 to 14 months ago and that some years ago the people at Village Green Condominiums came to the Commission about flooding problems coming out of this area, and had to do some pretty serious drainage improvements on their own property as a result. Mr. Lynch states that even the slightest change change in volume or the rate of runoff in that area will affect that Condo Association unless those calculations are watched. • Ms. Hayden the channel flows adjacent to Autran Avenue and she has seen with today's development around the area that it is being taxed already and there are flooding concerns. • Ms. Hayden states that the project will permanently impact approximately 194 square feet with the construction of a retaining wall to hold up the sidewalk of the roadway, and temporarily impacting about 2447 square feet of BVW but overall increasing the BVW/swale area to 2254 square feet. • The Administrator reminds the Commission that as part of the RDA they did review the Wetland and it is an unmaintained drainage swale and was designed for drainage not as a wildlife habitat, it is largely for mitigating stormwater runoff. Mr. Manzi arrives to the meeting. • The Administrator speaks to the current state of the drainage area and the location of other Wetlands near the proposed project. • Mr. Napoli asks if there is any land taking in the project, and if the abutters have been notified. • Ms. Hayden, yes there is an easement that will be needed for this project, and that they are still going thru the right of away process and that abutters will be notified. • Mr. Napoli asks about the 2 properties on Chickering Road and what if any impact the project will have on these properties. • Ms. Hayden states that there will be a sidewalk in the right of way and that there will also be some slope and drainage impact. There has been some water impact calculations and a Stormwater Report which is currently under review by the Town Engineer. • Mr. Lynch believes that a third parry review of the project is needed due to the location and the prior history for this location. • The Administrator requests that the Commission wait to see the Town Engineer's review. • The Administrator request more information on the proposed cleanout of the outfall area near the end of Phillips Brook Street, does the scope of the work extend to the Wetland Area that was identified near this area? • Ms. Hayden states that they are showing as part of the plan, a tree clearing and grading out to that area and the outfall pipe. • The Administrator states that there is a large delineated Wetland with flags near this area. She would like to see a plan note identifying this wetland. • The Administrator clarifies the location in question. • Mr. Saal questions the traffic impact of this project. • Ms. Hayden clarifies that there will be several improvements to the site, including capacity improvements, safety improvements, multiple turn lanes that will be added thru the intersection and is going to be slip ramps, there will be 5 foot shoulders, and there will also be 5 foot sidewalks. • The Administrator states there will be a major trees clearing as part of this project. • Mr. Lynch asks if this is a Federally Funded Project, and if there will be a tree mitigation plan? • Susan MacArthur states that yes this will be Federally Funded. • Marc Caulfield speaks to the mitigation plan and that there will be approximately 43 trees removed. • The Administrator asks about if there will be a planted buffer for the Condo Complex • Ms. Hayden states that no there is not. • A motion to grant the request for a continuance to the October 25, 2017 meeting for the Engineering review and the Plan note change is made by Ms. Feltovic, seconded by Mr. Lynch. • Vote unanimous Documents • Letter dated 09/22/2017 prepared by Green International Affiliates, Inc. • WPA Form 3—Notice of Intent • Project Description (6)pages,prepared by Green International Affiliates, Inc. • USGS Locus Map, dated 07/11/2017,prepared by Green International Affiliates, Inc. • Aerial Locus Map, dated 07/12/2017, Green International Affiliates, Inc. • Resource Area (4) Pages, Green International Affiliates, Inc. • Drainage Calculations, dated 06/2017 revs. 08/2017 (53) Pages,prepared by CLD, Fuss & O'Neill • Stormwater Checklist dated 09/18/2017, (8) Pages • Stormwater Memorandum, dated 08/31/2017, (4) Pages,prepared by CLD, Fuss & O'Neill • Mass Highway BMP Operation &Maintenance, (2) Pages • MASSDEP Bordering Vegetated Wetland Delineation forms (9) Pages. • NPDES Stormwater Management Plan for MASSDOT, (5) Pages • North Andover Application Checklist • MASSDOT Item 755.3: Non-Tidal Wetland Mitigation Area (13) Pages • Notice of Intent Plans, (18) Pages Village Green Condominiums (Units 125-128) (Civil Design Consultants) Mr. Lynch is recusing himself from this hearing • Andy Street from the Civil Design group, he is giving the Commission a brief outline of the proposed project to pave a section of the parking lot and walkway at Village Green Condominiums. • Norse Environmental was at the site in August to confirm the Wetland Delineation. • The Administrator shows the Commission pictures of the sidewalks in question and asks if there are catch basins affected by the proposed project and where they drain to? • Mr. Street states that there are and they will use silt sacks at the catch basins. • A motion to issue a negative #3 with conditions for erosion control and pre and post construction inspection is made by Ms. Feltovic seconded by Mr. Lynch • Vote unanimous Documents • Sidewalk and Parking Lot Improvement Plan, dated 0911112017,prepared by Civil Design Consultants • Letter, dated 1012912017,prepared by Civil Design Consultants • Request for Determination of Applicability (Containing 24 sheets) • WPA Form I Request of Determination of Applicability, dated 0912912017,prepared by Civil Design Consultants • ORTHO map of property, dated 0912912017,prepared by Civil Design Consultants • USGS map of property, dated 0912912017,prepared by Civil Design Consultants • FIRM snap of property, dated 0912912017,prepared by Civil Design Consultants • North Andover Wetlands Regulations Riverfront Area map, dated 06102103,prepared by EPSILON • NAT HERITAGE map, dated 0912912017,prepared by Civil Design Consultants • APPLICATION CHECKLIST-Request for Determination of Applicability (RDA) • Copy of check to Town of North Andover • North Andover Direct Abutters Listing, dated 0912712017 • Copv of Notification to Abutters letter Enforcement Orders 458 Johnson Street (Finn) (Request to cont. to 10/25/17) • The Administrator gives an update on the project. • A motion to continue the public hearing to the October 25, 2017 meeting is made at the request of the applicant by Ms. Feltovic and seconded by Mr. Lynch. • Vote unanimous Documents E/Mail prepared by Monica Finn, dated September 25, 2017 889 Johnson Street (Edwards) The Administrator gives an update on the project included the restoration planting that was completed. She states a monitoring report is due in 1 year. 440 Great Pond Road (Hancock Landscaping) (Mano Realty Trust) • The Administrator give the Commission a brief description of the Enforcement Order, she recommends ratifying the Enforcement Order, and having a Wetland Scientist hired in order to develop a planting plan. • Mr. Manzi asks who is responsible to this being done to the property. • The Administrator states that the Landscaper will be at the next meeting. • The Administrator would like to see a buffer zone restored to the property. • There is discussion amongst the Commission about the damage done to the site and the history of the property. • The Commission would like the Administrator to amend the Enforcement Order to include the restoration of the 100 foot buffer zone. • Motion made by Ms. Feltovic to ratify the EO • seconded by Mr. Lynch • Vote unanimous • Motion to continue to the next meeting is made by Ms. Feltovic seconded by Mr. Lynch • Vote unanimous Documents • Letter, dated 0911312017,prepared by Jennifer Hughes • WPA Form 9—Enforcement Order, dated 0911312017,prepared by Jennifer Hughes • Pictures 1-12 dated 0911112017 • NOTICE OF DECISION-Letter, dated 0810712012,prepared by Town of North Andover Planning Board. 242-1718, 60 Deer Meadow (Mukherjee) (Williams & Sparages) • Chris Sparages is speaking about the project request and states there is a need for a septic repair. This home was constructed in the late eighties and has several steep elevation issues. Also the Septic is in failure currently. He states soil sampling has been done on the property and found that there is a lot of fill on this site and after looking at the Wetland Delineation and designed a leach field that is outside the 50 foot zone but within the 100 foot zone. • The Administrator states that the Wetland line was accepted under the previous RDA for this site. • Mr. Sparages is giving the Commission an overview of the project and the possible access points for the project. • The Administrator is asking for clarification as to if the applicant is going to use the ramp proposed in the RDA • Mr. Sparages states that some trees do need to be removed for this project. • Mr. Lynch requests clarification on the access points and suggests the contractor should be allowed to propose the best one. • Mr. Napoli asks if there is a location for stockpiling. • The Administrator would like a condition to flag the limit of the clearing prior to the project start. • Mr. Lynch believes some stabilization of the site is needed. • There is discussion amongst the Commission regarding the access points and the replanting and stabilization that would be needed. • Motion to grant an Continue until October 25, 2017 is made by Mr. Lynch seconded by Ms. Feltovic • Vote is unanimous Documents • WPA Form 3—Notice of Intent • Copies of checks to the Town of North Andover • Narrative, (2) Pages, dated 0911512017,prepared by Williams & Sparages • Locust Map,prepared by Williams & Sparages • MASSDEP Bordering Vegetated Wetland Delineation forms (3) Pages • Affidavit of Service, dated 0911512017 • Town of North Andover's Abutters List, dated 0612012017 • Notification to Abutters • Sanitary Disposal System Upgrade Plan,(3) Pages, dated 09/11/2017,prepared by Williams & Sparages • Letter, dated 10/03/2017,prepared by Williams & Sparages General Business 242-458, COC Request, 255 Hay Meadow Road (Ramanujam) • A motion to continue the public hearing to the October 25, 2017 meeting is made at the request of the applicant is made by Ms. Feltovic and seconded by Mr. Lynch. • Vote unanimous Documents • E/Mail prepared by Stan Bigelotiv, Consulting Civil/Environmental Engineer request for a continuance to the October 25, 2017 meeting, dated October 06, 2017 242-1641, ORAD Extension, 100 Great Pond Road (Niceforo) (Marchionda) • A motion to continue the public hearing to the October 25, 2017 meeting is made at the request of the applicant is made by Ms. Feltovic and seconded by Mr. Lynch. • Vote unanimous 242-1659, MOOC Request, 415 Winter Street (Osgood) • The Administrator gives the background on this project which was originally for septic system replacement of the leach field only. The leach field had failed after only being in there for a short amount of time, so they replaced it as was required in kind. After the project was done the Homeowner then installed a patio just outside the 50 foot no-built zone. They did pay the after the fact fees and it does comply. • A motion to approve the modification of the OOC is made by Mr. Manzi and seconded by Ms. Feltovic. • Vote unanimous Documents • Letter, dated 10/03/2017,prepared by Benjamin C Osgood, Jr. PE • Letter, dated 10/03/2017,prepared by Benjamin C Osgood, Jr. PE • Plan, dated 08/10/2017,prepared by Benjamin C Osgood, Jr. PE • WPA Form 8A, dated 10/03/2017,prepared by Benjamin C Osgood, Jr. PE 242-1659, COC Request, 415 Winter Street (Osgood) • A motion to approve the COC is made by Mr. Manzi and seconded by Ms. Feltovic. • Vote unanimous Documents • Letter, dated 10/03/2017,prepared by Benjamin C Osgood, Jr. PE • Letter, dated 10/03/2017,prepared by Benjamin C Osgood, Jr. PE • Plan, dated 08/10/2017,prepared by Benjamin C Osgood, Jr. PE • WPA Form 8A, dated 10/03/2017,prepared by Benjamin C Osgood, Jr. PE 242-1690, COC Request, 150 Flagship Drive (Flagship Press) (MHF Design Consultants) • The Administrator states they still need to install their Wetland Markers so this will need to be continued. • A motion to continue the public hearing to the October 25, 2017 meeting is made at the request of the applicant is made by Ms. Feltovic and seconded by Mr. Manzi. • Vote unanimous Documents • COC Request Letter, dated 09/29/2017,prepared by Flagship • WPA Form 8A —Request for Certification of Compliance • Affidavit, dated 09/28/2017,prepared by Jeffrey Poor • Letter, dated 09/29/2017,prepared by Flagship • As-Built Plans, dated 0911112017,prepared by MHF Discussion— Stoimwater Peer Review Consultants The Administrator gives a brief overview that there are two Consultants, and is looking for approval from the Board to switch between the two over the next six months