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HomeMy WebLinkAbout2017-10-25 Conservation Commission Minutes Approved 11/15/2017 North Andover Conservation Commission Meeting Minutes October 25, 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 Mabon and Sean McDonough Staff Member Present: Jennifer A. Hughes, Conservation Administrator Meeting came to Order at: Quorum Present. Pledge of Allegiance Approval of Minutes – October 11, 2017 Minutes were reviewed by the Administrator and Lou Napoli. Motion to approved minutes for October 11, 2017 as reviewed made by Mr. Manzi and seconded by Ms. Feltovic. Vote unanimous There is a 3 week meeting gap to the November 15, 2017 meeting. Public Hearings: Request for Determination of Applicability Osgood Street (Mass Electric Company)  Ms. Raddatz, CONECO Engineers and Scientists, is giving a summary of the work, which is for Massachusetts Electric Company RDA for the proposed overhead to underground electric line conversion along a portion of Osgood Street for the purpose of complying with Federal Aviation Authority (FAA) regulation requirements for the Lawrence Municipal Airport which is just to the north of this site. The proposed work will occur along a 1000, 100 linear corridor between building numbered 980-1077 on Osgood Street, with work consisting of removing all overhead electric utilities including utility poles, wires and installing underground electrical conduit, including 3 electric manholes, two (2) switch gear manholes and multiple hand holes. The proposed work within the 100 foot buffer zone to DWP will include two (2) utility pole removal and the installation to two (2) electric manholes, along with the installation Three hundred and fifty (350) feet of underground conduit as part of the 1000, 100 linear corridor project. All impacts will be temporary and the proposed area will be returned to their preexisting conditions. Proposed erosion controls will consist of the North Andover standard twelve (12) foot biodegradable straw waddles secured by wooden stakes which will be installed between the edge of the work area and the resource areas in addition silt socks will be installed throughout the extent of the project.  Mr. Lynch asks if this work is being done all with in the shoulder area or the pavement. Approved 11/15/2017  Ms. Raddatz, responds that the work is all with in the paved area, DIG safe has already been contacted and the work is intended to be fully in the paved area, but will all be contained within the roadway right of way which is considered ten (10) off the roadway.  Mr. Lynch asks what new regulation from the Federal Aviation Authority (FAA) regulations necessitates this now.  Ms. Raddatz states that she does not work for the Federal Aviation Authority (FAA) regulation, Mass Electric or National Grid but assumes it would be to remove large structures.  Mr. Lynch asks if these are shared utility poles.  Ms. Raddatz states that no she does not believe they are.  Mr. Lynch questions if there are street lights on these poles.  Ms. Raddatz states that the scope of work does not state removal of any street lights.  Mr. Manzi has this been project been approved by the Board of Selectman.  Ms. Raddatz responds with no.  Mr. Manzi if a Watershed Special Permit is needed due to the proximity to the lake.  The Administrator spoke with Planning and that utilities are exempt.  Ms. Raddatz states that this project will not come within two hundred (200) feet of Lake Cochichewick.  The Administrator states that with would be under the jurisdiction of Mass Highway.  Mr. Manzi will any trees remain that are the same size as the poles.  Ms. Raddatz states there isn’t any plan to remove or trim any trees so the trees that are currently there will remain.  Mr. Napoli asks how deep the trench work will go.  Ms. Raddatz generally the trenches will go down two (2) feet.  Ms. Feltovic as to the erosion controls North Andover Conservation Commission requires a compost or bark mulch sock.  The Administrator states that on linear projects like this on pavement where there isn’t room for trench silt sedimentation fence or hay bales, it would be bark mulch or compost filter sock, not the straw waddle.  Ms. Raddatz will make note of that.  Ms. Feltovic asks in the trench once opened up will be closed at the end of each work day.  Ms. Raddatz yes per the exception that the filing this under it specifically states that all trenches need to be closed at the end of each work day.  Ms. Feltovic how long will take to complete this project.  Ms. Raddatz states that the information is not available right now but if this project is approved, Ms. Raddatz would provide the Administrator with project start and end dates.  Motion to issue negative determination #3 under the Bylaw & #5 under the Wetlands Protection Act with recommendations from the Administrator for pre and post construction and erosion controls is made by Ms. Feltovic, seconded by Mr. Lynch.  Vote unanimous. Documents  WPA Form 1 – Request for Determination of Applicability, prepared by Tracy Duarte CONECO, dated 10/13/2017  Project Narrative, prepared by Tracy Duarte CONECO, dated 10/13/2017  AERIAL Map, prepared by Tracy Duarte CONECO, dated 10/13/2017  USGS Topographic Map, prepared by Tracy Duarte CONECO, dated 10/13/2017 Approved 11/15/2017  Flood Insurance Rate Map, prepared by Tracy Duarte CONECO, dated 10/13/2017  Natural Heritage Map, prepared by Tracy Duarte CONECO, dated 10/13/2017  Critical Areas Map, prepared by Tracy Duarte CONECO, dated 10/13/2017  Resource Area and Best Management Practices (BMPs) MAP, BMP DETAILS, prepared by Tracy Duarte CONECO, dated 10/13/2017  Best Management Practices Guidance Documents, prepared by Tracy Duarte CONECO, and dated 10/13/201, containing 5 sheets.  12 Pictures of the site: Photo 1 (looking east) View of Pole 300 to be removed in front of 1077 Osgood Street. Photo 2 (looking northwest) View facing Pole 300 and Osgood Street from Great Pond Road at the approximate location of the proposed switchgear manhole and transformer pad. Photo 3 (looking northwest) View of Pole 301 to be removed in front of 1077 Osgood Street. Photo 4 (looking northeast) View from Pole 295 towards the eastern end of the Project Route. Photo 5 (looking west) View the Project Route from Pole 295 in front of 1005-1025 Osgood Street. Photo 6 (looking west) View the of Project Route in front of 1005-1025 Osgood Street. Photo 7 (looking west) View the of Project Route in front of 991 Osgood Street. Photo 8 (looking west) View of Pole 3009 to remain and the western end of the Project Route. Photo 9 (looking east) View of Pole 3009 and the western end of the Project Route. Photo 10 (looking northeast) View of western wetlands south of 980 Osgood Street. Photo 11 (looking east) View of Pole 300-1 facing Osgood Street. Photo 12 (looking west) View of Pole 300-1 and the wetlands on the north side of Osgood Street in front of 1070 Osgood Street.  Affidavit of Service , prepared by Tracy Duarte CONECO, dated 10/13/2017  Certified Abutters List, dated 10/02/2017  Notification to Abutters, prepared by Tracy Duarte CONECO, dated 10/13/2017  Copy of Filing Check Notice of Intent (NOI) 242-1712, 255 Hay Meadow Road  Stan Bigelow, Consulting Civil/Environmental Engineer, would like to bring the rip rap revetment up to proper standards for revetment construction. Mr. Bigelow states that he has inspected the revetment that is currently there, and it’s a mix of different stone materials, that could really be classed as a typical revetment that would be found in a rip rap slope protection in a residential situation. It has stone at top and some large river rock also at the top slope. Mr. Bigelow states that an analysis on the slope on the face of the revetment and found that it doesn’t meet the 2:1 slope required for rip rap revetment of this nature. A plan has been prepared to bring/ address the 2:1 requirement and it would consist of having a grade all load stone of all different variations gradually out of dump truck down the side of the bank, After placing erosion controls at the base of the embankment and putting in a toe to the revetment. The toe lip that is being envisioned is a combination of small gradated stone. Mr. Bigelow reviews the reasons why project is being done this way, Mr. Bigelow also states that it is strongly recommended to have a guard rail installed before the project is finished at the top due to safety concerns.  Mr. Lynch would like clarity on the type of stone being used i.e. a washed stone vs. a rough graded stone at the site due to the lack of a fiber mesh underlayment. Approved 11/15/2017  Mr. Bigelow states that the stone used would be something similar to what is used in a leach field for a septic system a double washed stone.  The Administrator is not sure if a waiver request is needed on this as the driveway revetment was approved as part of the original filing. The Administrator has prepared one for the applicant tonight if the Commission feels a waiver of the NBZ and NDZ is required.  Mr. Napoli asks what the grade is 3:1, 4:1.  Mr. Bigelow states that it varies from 1:1 to as steep as 4:1, 5:1 in some places. In the places where it is 4:1, 5:1 it has amour rock at the slope.  Mr. Napoli asks for clarification on the recommendation for a guard rail to be installed for safety.  Mr. Bigelow states that he has discussed the safety concern with the owner of the property.  A motion to close the public hearing and issue an Order in 21 days is made by Mr. Manzi and seconded by Ms. Feltovic.  Vote: unanimous Documents  Letter, dated 07/27/2017, prepared by Engineering Land Services, LLC.  WPA Form 3 – Notice of Intent  Copies of checks to the Town of North Andover  Certificate of Mailing  Certified Abutters Listing, dated 06/07/2017  North Andover MIMAP dated June 07, 2017  Residential Property Record Card for 255 Hay Meadow Road  Quitclaim Deed  FEMA FIRM Flood Insurance Map dated 06/28/2017  OLIVER: MassGIS’s Online Mapping Tool, dated 06/28/2017  North Andover Conservation Commission Order of Conditions Compliance Certification Form DEP#242-458 dated 06/28/2017  Town of North Andover Application checklist – Notice of Intent (NOI)  Town of North Andover Conservation Department Enforcement Order, dated 12/21/2016  A copy of the Town of North Andover Wetlands Protection Bylaw  Ariel Photo 255 Hay Meadow  Wetland Delineation Report  Letter, dated 12/07/2016, prepared by Devan Ramanujam  Letter, dated 09/13/2017, prepared by Engineering Services, LLC.  Letter, dated 10/20/2017, prepared by Engineering Land Services, LLC.  Conservation Site Plan, dated 10/17/2017, prepared by Engineering Land Services, LLC. 242-1719, Massachusetts Ave. @ Chickering Rd.  A motion to continue the public hearing at the request of the applicant to the November 15, 2017 meeting is made by Mr. Saal and seconded by Ms. Feltovic.  Vote Unanimous Documents  Letter dated 09/22/2017 prepared by Green International Affiliates, Inc.  WPA Form 3 – Notice of Intent Approved 11/15/2017  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  E/Mail prepared by Kristen Hayden, CLD/ Fuss & O’Neill request for a continuance to the November 15, 2017 meeting, dated October 24, 2017 242-1718, 60 Deer Meadow  The Administrator states that a revised plan with temporary stockpile area has been submitted. The Administrator recommends closing and issuing.  Greg Hochmuth this is for a septic repair at the bottom of a hill, there is Board of Health approval. Peter Breen will be installing the system. There was discussion with the Contractor about stabilizing the site as he backs out when the work is done it is thought that it will have to break up that slope into a bunch of different sub catchments to slow down velocity of the water runoff, just to get the seed to take, but in realty the seed won’t take until next year so some temporary stabilization measures will have to be put in place in order to get the site thru the winter.  The Administrator asks if the final slope be a terraced slope.  Mr. Hochmuth states that no the final slope should be a uniform slope similar to what is currently there but will be vegetated upon completion.  The Administrator asks if the contractor has determined which side he will be utilizing for this project.  Mr. Hochmuth states that he will be using the lower of the two sides which is at the bottom of the provided plan, which is not as steep as the other side of the slope.  The Administrator asks if there will be vegetation clearing done and will it be replanted when the project is completed.  Mr. Hochmuth states that the contractor will have to remove 2 to 3 trees on that slope, the shrub layer within that wooded section is very thin.  The Conservation Commission is requesting information on the project timeline and replanting plan.  Mr. Hochmuth states that the applicant would like the work to being as soon as the appeal period is over and that the site will be closely monitored throughout construction and the winter. Approved 11/15/2017  A motion to close the public hearing and issue an Order in 21 days is made by Mr. Manzi and seconded by Mr. Lynch.  Vote: unanimous Documents  WPA Form 3 – Notice of Intent  Copies of checks to the Town of North Andover  Narrative, (2) Pages, dated 09/15/2017, prepared by Williams & Sparages  Locust Map, prepared by Williams & Sparages  MASSDEP Bordering Vegetated Wetland Delineation forms (3) Pages  Affidavit of Service, dated 09/15/2017  Town of North Andover’s Abutters List, dated 06/20/2017  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  Sanitary Disposal System Upgrade Plan,(3) Pages, dated 09/11/2017,Revised 10/12/2017 prepared by Williams & Sparages 242- 1720, 33 Regency Place  The Administrator states that this proposal is to construct and in-ground pool, paved deck, walkway and pool house within the buffer zone to IVW and BVW. This is within the Regency Place subdivision. The OOC for the subdivision is active and in compliance. None of the proposed homes were in the buffer zone when the original filing was submitted so a condition in the OOC requires any additional work in the Buffer Zone on individual lots to be a new NOI. The applicant asked that the non-backwashing, cartridge style filter be conditioned. A stockpile location is on the plan. De-watering is not proposed but should be confirmed.  Andy Street, Civil Design Consultants is at the podium to speak about the proposed project. Mr. Street is providing the Commission and the Administrator with an updated plan for the project with revisions. The applicant Chris Maroun is looking to purchase this property and have an in-ground pool with patio installed. Most of the pool and patio will be located in the 100’ foot buffer zone. The closest point to the wetlands is 71’ feet. The proposed project will not be in the 50’ or 25’ no disturb or no build zones. There will be approximately 3200 to 3300 square feet of disturbance in the 100’ foot buffer zone. Erosion controls are proposed for this project. The revised plan that was handed to the Commission tonight does call for a stockpile area, which is outside of the 100’ foot buffer zone.  Mr. Saal inquires to whether or not a fence will surround the pool.  Mr. Street states that yes a fence will surround the pool.  A motion to close the public hearing and issue an Order in 21 days is made by Mr. Manzi and seconded by Mr. Lynch.  Vote: unanimous Documents  WPA Form 3 – Notice of Intent  Town of North Andover Application Checklist – Notice of Intent (NOI) Approved 11/15/2017  Project Narrative, prepared by Civil Design Consultants, Inc.  ORTHO, dated 10/13/2017, prepared by Civil Design Consultants, Inc.  USGS, dated 10/13/2017, prepared by Civil Design Consultants, Inc.  FIRM, dated 10/13/2017, prepared by Civil Design Consultants, Inc.  NHESP Estimated Habitats of Rare Wildlife, dated 10/04/2017  North Andover Wetlands Regulations Riverfront Area Map, dated 06/02/2003, prepared by EPSILON  MDEP, NOI Wetland Transmittal Form  Copies of Checks to the Town of North Andover & Commonwealth of Massachusetts  Town of North Andover Abutter Listing, dated 10/03/2017  Notification to Abutters  Pool Site Plan, dated 09/29/17 rev. 10/4/17, 10/23/17, prepared by Christiansen & Sergi, Inc. Enforcement Order NACC#170, 981 Johnson Street  The Administrator presents the history of this Enforcement order. The homeowner has been given several continuances to remedy a violation that was in existence when he purchased the home. A retaining wall has been constructed immediately adjacent to the wetland and is leaning toward the resource area. The Enforcement Order required the owner to remediate the failing wall and establish a buffer zone to the resource area. The owner is presenting a proposal to repair the wall in place which would remediate the failing wall issue but would not establish a buffer zone to the wetland. The Administrator recommends the area grade down to the wetland but if a wall is allowed to remain it should be moved back with a buffer established above and below the wall.  Matthew Bohenek owner of the property gives the Commission some background regarding the property. Merrimack Engineering has been retained to work on this project, and to come up with a proposal that protects the wetland and is not in danger of failing. The wall that is proposed is an interlocking stone wall in place of the current wall that is there.  Mr. Napoli states that the current wall is at the edge of the wetland and that as a member of the Conservation Commission would like to see a plan with some kind of buffer zone before the edge of the wetland. Mr. Napoli asks the applicant what the height of the wall is.  Mr. Bohenek states the height is a range from approximately 3 feet upwards of 5 feet in some places.  Mr. Napoli would like to see the wall removed and the land sloped and re-vegetated down to the wetland.  There is discussion among the Commission regarding the property, the wall and the re- grading/ sloping, buffer zone for the property.  A motion to continue the public hearing at the request of the applicant to the November 15, 2017 meeting is made by Mr. Manzi and seconded by Ms. Feltovic.  Vote Unanimous Documents  Plan of Land, dated 10/18/2017, prepared by Merrimack Engineering Services Approved 11/15/2017 461 Summer Street  The Administrator states that this is a new violation, and that the Administrator stopped the contractor from expanding the pool patio. A new shed has already been placed, and is now closer to the wetland than the prior location. The homeowner would like to expand the patio closer to the wetland which would be in both the no-disturb and no-build zone. The Administrator recommends for the Commission to ratify the Enforcement Order and amend to include filing guidance.  The Owners of the property Russell and Jen Bilodeau are at the podium speaking in regard to the project and the history of the property.  Mr. Lynch asks if the fence depicted on the plan is still there.  Mrs. Bilodeau states that the original wooden fence was in disrepair and had a tree fall on it during a storm and has been replaced with a White vinyl fence.  Mrs. Bilodeau is looking to expand the patio around the pool and add a fire pit area. The expansion will place pavers over the existing concrete to limit the impact on the wetlands.  A motion to continue the public hearing at the request of the applicant to the November 15, 2017 meeting is made by Mr. Manzi and seconded by Ms. Feltovic.  Vote Unanimous  Documents  Letter, dated 10/12/2017, prepared by Jenifer Hughes, Town of North Andover Conservation Department  Letter, prepared by Rusty Bilodeau  Septic System As-Built dated 12/01/08, prepared by Engineering & Surveying Services with hand written notes. 458 Johnson Street  The Administrator states that the applicant has had surgery and did not respond to the latest email send to her. The Administrator recommends continuing the matter to the 11/29/17 meeting. This is for resolution to a violation. Restoration has been done and the Administrator is only waiting to meet with the applicant to confirm the wetland markers.  Motion to continue is made by Ms. Feltovic and seconded by Mr. Lynch  Vote unanimous 440 Great Pond Road (Handcock Landscaping) (Mano Realty Trust)  A motion to continue the public hearing at the request of the applicant to the November 15, 2017 meeting is made by Mr. Manzi and seconded by Ms. Feltovic.  Vote Unanimous Documents  Letter, dated 09/13/2017, prepared by Jennifer Hughes  WPA Form 9 – Enforcement Order, dated 09/13/2017, prepared by Jennifer Hughes  Pictures 1-12 dated 09/11/2017  NOTICE OF DECISION - Letter, dated 08/07/2012, prepared by Town of North Andover Planning Board  Letter, dated 10/20/2017, prepared by Robert Prokop Wetland Consulting Services, requesting a continuance until November 15, 2017. Approved 11/15/2017 General Business 242-458, COC Request, 255 Hay Meadow Road (Ramanujam)  There is discussion among the Commission regarding the project  A motion to approve as conditioned is made by Mr. Manzi and seconded by Ms. Feltovic.  Vote unanimous. Documents  Letter, dated 06/21/2017, prepared by Engineering Land Services, LLC.  WPA Form 8A – Request for Certificate of Compliance  Order of Conditions 242-458, dated 04/07/1988 242-1641, ORAD Extension, 100 Great Pond Road  The Administrator presents the request for extension of an Order of Resource Area Delineation. The area has been reflagged for this extension request. The Administrator states that she did not review the original delineation so the Administrator does not agree with 100% of the flags but does not believe the delineation has changed much. Most of it is within a mowed field. The Administrator recommends approval of the extension request.  A motion to approved the Extension request is made by Ms. Feltovic and seconded by Mr. Manzi  Vote unanimous Documents  Letter dated September 25, 2017, prepared by Paul Marchionda 242-458, COC Request, 255 Hay Meadow Road  Documents  WPA Form 8A  Letter, dated 06/21/2017, prepared by Robert Grasso, Engineering Land Services, LLC.  As-Built Plan, dated 06/21/2017, prepared by Engineering Land Services, LLC. 242-1690, COC Request, 150 Flagship Drive  The Administrator presents a background on this project which was new parking and culvert repair which is complete and the site is stable. Erosion control has been removed. Snow Stockpiling signs are in but wetland markers have been placed on metal garden posts that aren’t permanent. The Administrator recommends issuing and holding for wetland markers to be relocated to the trees.  A motion to approve as conditioned is made by Mr. Manzi and seconded by Ms. Feltovic.  Vote unanimous. 242-1559, COC Request, 40 Sugarcane Lane  The Administrator reports that the plantings are in and a monitoring report has been submitted, the shed has been relocated and the wetland markers are up. The Administrator recommends a full and final Certificate of Compliance. Approved 11/15/2017  A motion to issue a Certificate of Compliance is made by Mr. Manzi and seconded by Ms. Feltovic.  Vote unanimous Documents  WPA Form 8A  Letter, dated 10/02/2017, prepared by Hancock Associates  Photo #1 x5 Ilex verticilata & x5 Vaccinium corymbosum  Photo #2 NACC Protected Wetland Marker 1 of 3  Plot Plan, dated 12/22/15, prepared by Joseph Lagrasse Approval of 2018 Conservation Commission Calendar  A motion to approved the 2018 Conservation Commission Calendar was made by Mr. Manzi and seconded by Ms. Feltovic  Vote unanimous Approval – National Grid Hazard Tree Clearing  The Administrator states that a walk of the ROW with National Grid forester from Foster Street down Salem to Sterling was conducted. Hazard Tree Clearing will only be removing trees that are damaged or dead and pose a hazard to the lines. No machinery will enter resource areas. Most of the cutting will be done by climbing. Cut debris will be left for habitat on the Town’s property between Granville and Sterling. The Administrator has requested that several trees in the resource area be topped rather than removed. The Administrator recommends the Commission authorize the Administrator to sign off for Hazard tree clearing on land under the CCC of the Commission.  A motion is made to authorize the Administrator to sign on behalf of the Conservation Commission for Hazard tree clearing on land under the CCC of the Commission is made by Mr. Manzi and seconded by Ms. Feltovic.  Vote unanimous