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HomeMy WebLinkAbout2017-12-13 Conservation Commission Minutes North Andover Conservation Commission Meeting Minutes December 13, 2017 Members Present: Louis A. Napoli, Chairman, Albert P. Manzi, Jr. Vice Chairman, Joseph W. Lynch, Jr., Deborah A. Feltovic, John T. Mabon, Douglas W. Saal. Members Absent: Sean F. McDonough Staff Member Present: Jennifer A. Hughes, Conservation Administrator Meeting came to Order at: 7:02 Quorum Present. Pledge of Allegiance Approval of Minutes of 11/29/17 A motion to accept the meeting minutes of 11/29/17 as drafted and reviewed is made by Mr. Manzi and seconded by. Ms. Feltovic Vote: unanimous NACC #204, 968 Salem Street, Shed The administrator states that the request is to construct an 8 foot by 6 foot shed approximately 52 feet from the Wetland, as shown on the aerial photograph of the land at 968 Salem Street. The administrator recommends pre and post construction inspections for this project. A motion to accept this as a small project C is made by Mr. Manzi and seconded by Ms. Feltovic. Vote: unanimous A motion to approve the small project as proposed is made by Mr. Manzi seconded by Ms. Feltovic Vote: unanimous Documents Letter prepared by Eleanor Rockwell Aerial Photo Property Photo Public Hearings: 242-1719, Massachusetts Ave. @ Chickering Rd. (MassDOT) (Green International Affiliates) (cont. from 11/15) The administrator summarized the contents of the previous meeting noting that the Town Engineer had not provided final comments on the revised stormwater report. Since the last meeting the Town Engineer provided his comments and MASS DOT responded to those comments. The administrator informs the Commission that a new memo was received today from the Town Engineer in response to MASS DOT mostly citing plan discrepancies. states that during the process of going from 75% design to 100% design the plans had not caught up to the design, the plans have since been corrected and the concerns have been addressed. Ms. Hayden also states that since the last meeting an amendment has been submitted with a slight modification to the impact to the BVW as a result of the riprap outfalls getting a little large. MASS DOT had commented on how the impact is analyzed needed to be changed and about the type of stone being used. Ms. Hayden states that previously the analysis has 194 square feet of permanent impacts and now it is 242 square feet, previously had temporary impacts of 2231 square feet now it is 2211 square feet and a proposed restoration of 2218 linear feet, there will also was 6 linear feet of stream disturbance and now that disturbance will now be 10 linear feet due to the riprap being longer. Chairman Napoli asks the administrator to share with the abutters present, documents showing the changes being presented here tonight, including the engineers letters and the CLD responses. The Administrator asks Ms. Hayden to give clarification on the difference noted in the Town Engineers letter, as to the inverts and outlets on the plan to those used in the calculations. The Administrator asks Ms. Hayden which is the correct information and which of the document(s) had to be corrected. Ms. Hayden explains that the Hydro Cad needs to be updated to match the plans. This includes additional manholes as MASS DOT. They do not like catch basin to catch basin connections; they prefer a trunk line. Due to this being at 75% design additional. Additional manholes were added since the 75% design stage. The addition of the inverts and manholes did not make it into the Hydro Cad report in the updated NOI. Everything has now been updated and the flow patterns do not change. The Administrator asks Ms. Hayden for a copy of the 100% plans. Ms. Hayden states that an updated copy of the revised NOI with a full set of plans will be sent to the Conservation Department. Mr. Lynch asks if this is a cursory review by the Town Engineer or is this a final review of the project. The Administrator will clarify for the Commission with the Town Engineer whether the review is comprehensive or there are any outstanding issues. Mr. Lynch states that the revised plans were sent in late and did not meet the 7 days review period therefore will need to be reviewed at the next meeting on January 10, 2018. Mr. Manzi would like to go over the procedure requirements for submitting updated new plans. Stephanie Messina-Sewade owner of the properties at 287 Chickering Road and 615 Massachusetts Avenue, would like to know where the snow and road dirt is going to be stockpiled now, due to the fact that there is a proposed drain and sidewalk in that same location as used in prior years for snow stockpile. Ms. Hayden states that the requests from the abutters were just received today. Stephanie Messina-Sewade states that the information that has been provided shows an underground drainage being installed on to the property. Mr. Napoli states that the state is allowed to do this type of work. Karen Lauro 591 Massachusetts Avenue states her concern over the taking of 595 Massachusetts Avenue. The concern is for the drainage and for flooding on the site and the impact s that will have to the surrounding properties. Mr. Napoli states that the stormwater structures along the state road have not been maintained. Ms. Hayden states that current structures are undersized and that the new work will resolve the current flooding issues. The Administrator states that the resource area/swale shown on the plans is actually an unmaintained drainage area. Ms. Messina-Sewade is concerned about the plan for a walkway being installed where there is currently a natural gulley in this location, and would like to know how this will work. Ms. Hayden states that the walkway will be installed and that the proposed drain will be placed in place of the gulley to help with flooding. The Administrator clarifies that the resource area that is being discussed is actually an unmaintained storm channel along the edge of Chickering Road, the location is fully vegetated with 24 inch caliper trees, which does drain into the intermittent channel that runs behind all of Autran Avenue. Ms. Lauro states that new drainage has been put onto her property but part of the concern is the maintenance of these drains. Currently they are not maintained or cleaned out. Lynch states that the Stormwater Management proposed will be better than what is currently there. Ms. Lauro and Mrs. Messina state that their concern is for the spring snow melt and the flooding that comes with the melt. This has not been accounted for in the calculations. Ms. Hayden states that stormwater systems are not designed specifically for snow melt. Mr. Lynch states that storm events are a greater concern for the Conservation Commission also and that the Town Engineers review should/would have addressed thisthan snow melt which is gradual. Ms. Messina-Sewade states that the concern is that the snow stockpile will be put directly on the drainage. Mr. Lynch states that O&M plans if done for a private person/business would be strictly monitored but when issuing to the State there is little direct control. Also regulating snow stockpiling is a bylaw condition and the state is not subject to the local bylaw. Ms. Messina-Sewade asks if the snow can be stockpile some other place. Mr. Lynch states that the plowing will be very different then it is now because a slip lane is being added to the intersection. Mr. Manzi states that the Conservation Commission jurisdiction is for Wetland resource areas. Mr. Lynch states that the concern is for the preservation of the Wetlands. Ms. Messina-Sewade asks about a decision being forced before the public hearing next Tuesday December 19, 2017. Mr. Lynch states that the decision is not being forced and a decision from the Conservation Commission will not be issued tonight. Ms. Lauro asks why Mr. Lynch commented that rainfall causes more flooding than snow melting. Mr. Lynch responds by saying that intensity of rainfall comparative to a gradual snow melt in regard to the system itself and the conveyance pipes for that system, the design for rainfall is more demanding than for a gradual snow melt. Ms. Hayden states that also there might be ground water in the soil which can account for water accumulation. Ms. Lauro is concerned about her home flooding, and the stockpiling of snow within 25 feet of a Resource Area and with the taking on 595 Massachusetts Avenue a property that is well within the 25 foot area for the purpose of stockpiling snow. Ms. Messina-Sewade asks to omit what about the resource area on her side and the stockpiling of snow that occurs there. Mr. Lynch states while it is a resource area on the 595 Massachusetts side it is not on the 287 Chickering and 615 Massachusetts Avenue side, also the resource area in question is an unmaintained drainage area and due to that is of relatively low value in regard to habitat and was designed for Stormwater control. Ms. Messina-Sewade asks why the gully on her property is not a resource area because it flows directly into the Wetlands. The Administrator states that it does not contain Wetland soils, hydrology and plants. However the area at the end where it opens up past the property is a Wetland and is shown on the plans. Mr. Manzi states there is a 10 day appeal period. The appeal is made to the Department of Environmental Protection Ms. Omit Ms. Lauro would like to see that part of the maintenance includes not storing snow within the 25 feet of the resource area. Ms. Hayden states that it is a safety project and will also improve the drainage for the area. There is discussion regarding the cleaning of the catch basins and the maintenance of the drainage pipes. The Administrator states that there is a four week gap between meetings the next meeting is scheduled for January 10, 2018. There is a motion made by Mr. Manzi to continue to January 10, 2018. seconded by Ms. Feltovic Vote: unanimous Documents Email dated 11/28/2017, from Kristen Hayden request a continuance until the December 13, 2017meeting. Letter dated 11/17/2017 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, revs. 11/2017, (53) Pages, Pre-Conditions Drainage Plan, dated 05/17/2017 Post-Conditions Drainage Plan, dated 05/17/2017 Notice of Intent Plans, (18) Pages, dated 11/16/2017, prepared by CLD Consulting 242-1721, 562 Boxford Street (Street (Sirius Development, LLC) (Christiansen & Sergi, Inc.) A motion to continue until January 10, 2018 meeting is made by Ms. Feltovic and seconded by Mr. Lynch. Vote: unanimous Documents Email dated 11/28/2017, from T.J Melvin P.E. from Christian & Sergi requesting a continuance until the January 10, 2018 meeting. 242-xxxx, 21 High Street ((RCG) (Civil Design) A motion to continue until January 10, 2018 meeting is made by Ms. Feltovic and seconded by Mr. Lynch. Vote: unanimous Documents Email dated 12/12/2017, from Tania Hartford request a continuance until the January 10, 2018 meeting. Violation 695 Massachusetts Avenue The Administrator gives some background on the violation and makes note that a Negative Determination was issued on this property for the decommissioning of an existing septic tank and connection to town sewer was issued at the 08/23/2017 meeting by the Conservation Commission for this property. As part of that Request for Determination specifically stated as part of the sewer connection that there was no need to clear trees, and the Negative Determination does have conditions that no trees were to be cleared. In addition to that erosion controls were moved and trees were stockpiled immediately adjacent to the Wetlands. Mr. Lynch is clarifying that the Commission is just ratifying the Violation Order. The Administrator states the action is to ratify the violation and restoration of the property, and that there really is no buffer zone for this property. The Wetland comes right up to the yard in all locations. The Wetland on the east side is mostly a drainage swale. Mr. Manzi asks the property owner if there will be any trouble complying with the restoration recommendations from the Towns Conservation Administrator. John Olenio, owner of the property at 695 Massachusetts Avenue states that no there will be no problem complying with the restoration plan, but does have some questions for the Conservation Commission. Jana Olenio asks where it was stated in writing that no cutting of trees were allowed. The Administrator states that it was in the Negative Determination and in the application your contractor provided to the Commission to do the work. The Administrator shows the Owner the Negative Determination that was issued. Jana Olenio states that the plans that are shown are incorrect, they only show one tree and there were two trees. Ms. Olenio also states that the original plan was to go between the two trees in order to connect the sewer, during construction one of the trees started to lean toward our house and the root system of the tree being damaged thus making it a hazard to the home. Ms. Olenio states that it was unknown to her that the trees could not be removed and it was the contractor who removed the trees. Mr. Manzi omit I speaking to Mr. Olenio and Ms. Olenio stated that the Commission is just looking for cooperation with the Conservation Administrator in regard to the planting plan. John Olenio asks why he cannot cut trees down on his property. Mr. Manzi states that you cannot cut down trees within a 100 feet of a wetland resource area without a permit. Mr. Olenio asks the Commission when this property became a wetland resource area because they have owned the house since 1950. Mr. Manzi states that the house was built prior to the Wetlands Protection Act, but now there is a Wetlands Protection Act and Wetlands Protection Bylaw and any new work now must comply with both the Wetlands Protection Act and the Wetlands Bylaw. Ms. Olenio asks when the Town notified them on this. Mr. Lynch is speaking to Mr. Olenio and Ms. Olenio and stating that the Commission is just looking for a replanting of the property. The Administrator is giving a brief overview of Wetlands and the reasons some properties become Wetlands or Wetland Resource Areas. Ms. Olenio states that they would like to come back before the Commission to discuss when the property became a Wetland and why they were not notified. Mr. Manzi and Mr. Lynch explain that now that the property has been surveyed, marked, flagged and recorded, by the contractor hired by you, that there is a Wetland on your property and that your entire property is within 100 feet of those flags and any work done on that property will need to be permitted by this Commission. Mr. Olenio states that the Town installed a drain and it is not being maintained and needs to be maintained. The Administrator states that the Commission does not have an easement on that property and that if there is an easement on the property that they should speak to the Towns Department of Public Works. The Administrator states that her recommendation is for the owners to plant two native trees and four shrubs in the back of the home. There is a motion made to approve the restoration and replanting plan is made by Ms. Feltovic and seconded by Mr. Lynch. vote unanimous General Business 242-1714, COC Request for 127 Tucker Farm The Administrator states that at the last meeting the Commission was waiting for the erosion controls to be removed and Wetland markers to be put up, and both are now complete. The Administrator recommends issuing a Certificate of Compliance. A motion to approve is made by Mr. Lynch seconded by Ms. Feltovic Vote unanimous Documents: As-Built, prepared by Michael 242-856, COC Request, 200 Chickering Road (Property Management of Andover) (Street) The Administrator is giving background on this project and the original requirements. A certification from the Board of Trustees has been submitted. The catch basins have been cleaned. A motion to approve is made by Mr. Manzi and seconded by Mr. Lynch Vote unanimous Documents WPA Form 8A Request for Certificate of Compliance North Andover Conservation Commission Order of Conditions Compliance Certification Form, prepared by Andrew Street, dated 11/30/2017 Rooter Man Invoice dated 11/07/2017 Letter, prepared by Andrew Street, Civil Design Consultants, dated 11/30/17 242-1111, COC Request, 200 Chickering Road (Property Management of Andover) (Street) The Administrator is giving background on this project and the original requirements. A certification from the Board of Trustees has been submitted. The catch basins have been cleaned. A motion to approve is made by Mr. Manzi and seconded by Mr. Lynch Vote unanimous Documents WPA Form 8A Request for Certificate of Compliance North Andover Conservation Commission Order of Conditions Compliance Certification Form, prepared by Andrew Street, dated 11/30/2017 Rooter Man Invoice dated 11/07/2017 Letter, prepared by Andrew Street, Civil Design Consultants, dated 11/30/17 Decision 242-1722, 173 Campbell Road The administrator recommends deleting #48 and change #49 allow the applicant to submit their own weekly monitoring reports with photos. Installation of new Wetland signs, also waiving of the certified as-built plan with the requirement of a certified letter by a P.E. that the work was built in accordance with the plan. A motion to approve the decision as drafted and amended is made by Mr. Lynch and seconded by Ms. Feltovic. Vote unanimous Adjournment A motion to adjourn is made by Ms. Feltovic and seconded by Mr. Lynch Vote unanimous.