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HomeMy WebLinkAbout2018-02-28 Conservation Commission Minutes North Andover Conservation Commission Meeting Minutes February 28, 2018 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 for February 14, 2018 A motion was made by Mr. Manzi to accept the minutes of the February 14, 2018 Conservation Commission Meeting as read and reviewed, seconded by Ms. Feltovic Vote unanimous Open Space and Trail Maintenance Trail Improvement Project (Edgewood Lake Project) (Friends of NA Trails) (6 New Bog Bridges) Liz Armstrong, Friends of North Andover Trails, states the project is for the construction of 6 Bog Bridges along the Edgewood Lake Trail. As part of the application photos of the crossing areas are included. They show that these areas are currently in poor shape and that various materials have been placed in the wet sections of the trail to navigate through but over time they have become increasingly congested and muddy. This proposal is to clean out the debris and to install 6 new Bog Bridges over an approximately one mile stretch. The design for the project is the exact same design that was used by the Trustees of the Reservations boardwalks/bridges on Weir Hill. This will create continuity throughout the final link in the Stevens to Stevens Trail. An old trail close to the lake will be discontinued. This project has the support of Edgewood and The Trustees of the Reservation. CPA funds have been allocated to cover the cost of the materials and FONAT and the Trustees will be providing the labor. Mr. Lynch says thank you to the friends of North Andover Trails for their work. Mr. Armstrong thanks the Commission and the conservation Administrator for the work they do, and the support they provide. The Administrator recommends issuing an enforcement order to clean up and restore the trail area. A motion to issue an enforcement order is made my Mr. Manzi and seconded by Ms. Feltovic. Vote unanimous Documents Project Narrative Letter, dated 01/30/2018, prepared by Robert Coppola Letter, dated 02/02/2018, prepared by Kevin Block Attachment A: General Location of the Trail and the Proposed Bog Bridges Attachment B: Detailed Location of the Trail and the Proposed Bog Bridges Attachment C: Current Conditions of the Trail and Wetlands Attachment D: Design Details Request for Determination of Applicability- RDA 12 Millpond (Civil Design Consultants) (Zuzack) The Administrator states that due to the close proximity to the brook a new plan was submitted today with a delineation of the resource area. Andy Street, Civil Design Consultants, on behalf of the Millpond Homeowners Association states that the request is to install a drainage pipe due to flooding and drainage issues at unit 12. Civil Design Group has been asked to provide a plan for drainage and to promote infiltration for water that comes off the hill in the back of the unit. Another piece to this is that there is an exit pipe from the hill that drains into the site. The proposal is to capture the water and pipe it to a natural depression where a domed catch basin will be added. Minimal grading will be added to provide a little bit of storage with maybe a berm to hold water and promote infiltration. The slope will be regraded and the existing retaining wall will be rebuilt the current wall a little higher. Mr. Lynch confirms that the 8 inch pipe will be replaced with another 8 inch pipe which will be redirected approximately 75 feet away from the Brook. Mr. Street states that some stone will be added to the drainage area. Mr. Lynch has a question on the disbursement area and the TOPO area map. The Administrator asks if there are concerns about the unknown drainage pipe. Mr. Manzi asks if there has been any attempts made to find the source of the pipe. Mr. Street states that the camera was used but was unable to come up with a source. The Commission would like to see an attempt made to find the source of the pipe. A motion to continue to the March 14, 2018 meeting is made by Ms. Feltovic, seconded by Mr. Manzi. Vote unanimous Documents Letter dated 02/15/2018, prepared by Andrew Street, Civil Design Consultants WPA Form 1 Request for Determination of Applicability Figure 1 Ortho Figure 2- USGS Figure 3 FIRM Figure 4 North Andover Riverfront Maps Figure 5- NHESP Estimated Habitat of Rare Wetlands Wildlife Map Copy of Check to the Town of North Andover Application Check List Certified Abutters List Notification of Abutters Drainage Improvements Plans, prepared by Andrew Street dated 02/27/2018 Notice of Intent - NOI 242-1719, Massachusetts Ave. @ Chickering Rd.(MassDOT) () (cont. from 10/11/2017 ) Karen Lauro, 591 Massachusetts Avenue, would like to know if the comments and concerns addressed at the October 11, 2017 meeting will be addressed tonight. The Administrator stated that the plan presented here tonight is the final plan submitted by The Town Engineer has reviewed the final drainage and issued a letter stating his review is complete. Erosion controls have been added to the plan on the lot where the home and garage will be demolished. Kristine Hayden, stated the plans have been submitted and finalized. Ms. Lauro has questions and concerns about the taking of 595 Massachusetts Avenue for this project and the grading of that property. Ms. Lauro states that there is currently ponding in the rear side of the property and would like to know if this will be resolved when the house, garage and driveway are removed at 595 Massachusetts Avenue. Mr. Manzi and Mr. Lynch are looking for clarification on the drainage, removal of the driveway and any grading that is proposed for 595 Massachusetts Avenue. The Administrator states that during her site visits and in the photographs that were taken of the property no ponding was visible. Ms. Hayden states that the back yard will not be graded; all the impervious surfaces will be removed. Mr. Lynch and Mr. Manzi would like clarification on the drainage provisions being made. Ms. Lauro asks if the driveway is being removed. Ms. Hayden states that all current impervious structures will be removed and the area will be loamed and seeded. Mr. Manzi and Mr. Napoli state that the demolition of the house, garage, driveway and the planting of grass and seed should help with water infiltration. Ms. Lauro asks if the area in the back side of the property near the stream could be graded toward the stream to help with drainage. Mr. Napoli states the grading cannot be done in that area due to the fact it is in the No- Disturbance Zone. Mr. Lynch asks Ms. Hayden about the DOT standard specification for the demolition of a structure. Regarding the taking down of the vertical walls of the foundation some distance below finished grade leaving the floor of the foundation in place. Ms. Hayden states that it is correct and that they will then drill holes in the foundation floor at specified distances. Mr. Lynch confirms with Ms. Hayden that this would allow for infiltration and not hold the water. Ms. Hayden confirms this information. Mr. Lynch asks if the piping located at the address is removed. Ms. Hayden states that all piping at the located is removed. Mr. Napoli does not see the removal of the driveway on the plans. Ms. Hayden will update the plans to include the driveway removal. Karen Farris, 1 Fernview Avenue, which is on the corner of Massachusetts Avenue and Route 125, has spoken to MassDOT and they told Ms. Farris there would be more water at her building because of this proposed project and due to the Town not allowing MassDOT access to clean out the stream area behind her condo. Ms. Farris is concerned about the possibility of her building being flooded. Ms. Farris states that at her last homeowners association meeting the trustees asked the management company to look into hiring an engineer. Mr. Lynch would like to clarify that then this Commission spoke with the condo association about 10 years ago regarding the possibility of water on the site that the Commission at that time told the condo association and MassDOT that they would hold them to strict Stormwater review and drainage calculations, and that whomever Ms. Farris spoke to at MassDOT spoke out of turn and that this project has had Stormwater review and drainage calculation and that no increase of water should be seen due to this project. Ms. Hayden states that the drainage calculation does not include the removal of the house and that removing the home will only help with the drainage The Commission and the Administrator are discussing the intermittent stream in question and that there is no work proposed for that location. Also being discussed is some of the history on the stream and prior drainage projects on Autran Avenue. Stephanie Sewade, 615 Massachusetts Avenue would like clarification on the larger drain pipe and the outlet points. Ms. Hayden states that there are 2 drainage points one will be the stream which is currently where it drains to and one will be added. The Administrator gives an explanation of the protected stream. Mr. Manzi, Mr. Lynch and Mr. Napoli confirm that the documentation submitted by the applicant to the Conservation Commission shows no increase in water. Mr. Manzi further clarifies that the stream is protected and that there cannot be any interference and no dredging or clearing can be done to the stream. Ms. Lauro would like clarification on the request for a third party review that was requested by Mr. Lynch at the October 11, 2017 meeting, and has concerns about the statement that there will be flooding. Ms. Lauro would also like clarification on the snow storage and the flooding that happens from it. Mr. Lynch wants to clarify what he said at the October 11, 2017 meeting and states that the Town Engineer has done a review of the project. Ms. Sewade would like to know if there will be drain water on her property, is the project putting in a low point on the property thus causing water to come onto the property. Another issue is the taking of all the trees and what if any drainage issues that will cause. Ms. Hayden states that the additional catch basins have been added. Mr. Lynch speaks to the reasonable alternatives proposed by MASS DOT Ms. Lauro would like to speak to the trees on her property and that they are not accurately depicted on the plan and the snow storage due to the lack of trees. Ms. Lauro would like a tree barrier replacement for her property. Mr. Napoli states that a sidewalk will run along the project. Ms. Lauro is questioning the tree removal process and evaluation for her property. The Administrator states there will be multiple conditions as part of this proposed project. Ms. Lauro would like Ms. Hayden to provide her with the tree information. The Administrator and the Commission are speaking about the tree taking as part of the project and the locations of the trees that are slated for removal. Ms. Lauro states that the amount of trees depicted on the plans submitted for her property are not correct. Mr. Manzi states that the number of trees represented on the plan is incorrect and would like to see the numbers represented accurately. Ms. Hayden states the project will require some tree removal and disturbance. Mr. Lynch speaks to the snow melt numbers vs the stormwater management and the calculations. Ms. Lauro states that the flooding happens when the snow melts. The Administrator asks Ms. Hayden to have the plan updated to provide clarification as to and to the removal of the driveway at 595 Massachusetts Avenue. Also requested is to provide the commission with the tree report. A motion is made by Ms. Feltovic to continue until the March 14, 2018 meeting seconded by Mr. Manzi Vote unanimous Documents Letter dated 02/16/2018, prepared by John Borgesi, Town Engineer Drainage Calculations, dated June 2017, revs August 2017, November 2017, Notice of Intent Revised Submission Plan, dated 10/2017, 11/2017, 12/2017, 02/2018, prepared by Christopher Bean. 242-1721, 562 Boxford Street (Sirius Development, LLC) (Christiansen & Sergi, Inc.) (cont. to 03/14/2018) A motion to continue to the March 14, 2018 meeting is made by Ms. Feltovic, seconded by Mr. Lynch. Vote unanimous Documents Email dated 02/23/2018 from T.J Melvin requesting a continuance until 03/14/2018 meeting. 242-1727, 404 Summer Street (Norse Environmental) (Ptarmigan) (Continued from 02/14/2018) Ms. Maureen Herald, reviews the plan changes as requested by the Commission at the February 14, 2018 meeting which include the addition of a soil stockpile, construction entrance, and dewatering detail. The Administrator states that the foundation drainage will be moved to be outside the 50 NBZ. Mr. Napoli would like clarification on the use of the driveway for a construction access. Mr. Lynch would like to know where the old septic tank is and about the use of the old driveway for construction. There is discussion amongst the Commission regarding the stamp on the plan being a sanitarian and not a PE or PLS. The Administrator states she has conditioned the appropriate erosion controls. Mr. Napoli asks if there are any abutters present for this project. The Administrator states that the waiver is requested for the removal of the driveway. Ms. Herald states that in the Notice of Intent the alternative analysis was addressed. A motion to grant the waiver to remove the driveway in the No-Disturbance Zone is made by Mr. Manzi and seconded by Ms. Feltovic. Vote unanimous. A motion to the close the public hearing and issue within 21 days is made my Mr. Lynch and seconded by Ms. Feltovic Vote unanimous. Documents Letter dated 02/26/2018, prepared by Maureen Herald, Norse Enviromental Notice of Intent Plan, prepared by Douglas J Smith, SoilSmith Designs, dated 01/04/2018, revs 02/13/2018, revs 02/22/2018. 242-1728, 500 Boxford Street (Andover Consultants Inc.) (Donovan)(Cont. to 04/11/2018) The Administrator states that multiple waivers are requested for this project, and that an ANRAD was done for this site. An ANR from Planning has not been done. Dennis Griecci, Andover Consultants on behalf of the owner, gives a description of the proposed project and an overview of the proposed waiver requests. Mr. Griecci is reviews the plan. The Administrator states that a letter was given to the ZBA prior to this meeting. Mr. Lynch asks what the existing conditions are for the properties, and is asking for clarification on the request. The Administrator speaks to the mitigation required under the bylaw. Mr. Brian Vaughan is here on behalf of the owner speaks to the Zoning hardship that was presented in order to get the Variance. He states from a Zoning perspective there are a lot of non-conformities that are being addressed. Mr. Lynch states that the hardship for Conservation was self-created. Mr. Saal asks how long these have been three separate lots. Mr. Vaughan states the lots were created in the 1970s. Mr. Manzi is asking for clarification on the lots. Mr. Donovan states that there were 4 lots but a home was built on one of the lots. Mr. Saal and Mr. Lynch is speaking about the lots and the proposed hardship Mr. Manzi is asking if a variance was requested on these lots. The Administrator states yes a Variance was issued by Zoning Board of Appeals. Christopher Coulouras, 525 Boxford Street an abutter has concerns about the proposed project. Michael Donovan states when this house was built in 1999 that the Wetlands were not so large. He states that the drainage pipes are blocked which cause water to back up on the properties. Elsie Pouliot, gives background on her abutting property, and would like to set the record straight in regard to the accusation of dumping or blocking the drainage culvert or pipes. A motion to continue for four weeks is made by Mr. Lynch and seconded by Ms. Feltovic. Vote unanimous Documents Application Checklist Letter, prepared by Dennis Griecci, Andover Consultants dated 01/29/2018 Notice of Intent Narrative, prepared by Andover Consultants Construction Period Pollution Prevention & Erosion & Sedimentation Control, prepared by Andover Consultants North Andover Wetlands Regulations Riverfront Area Map, dated 03/02/03 FIRM Map, dated 07/03/2012 OLIVER- Map Soil Map, Essex County, National Cooperative Soil Survey, dated 06/29/2015 WPA Form 3 Notice of Intent, prepared by Andover Consultants, dated 01/24/18 NOI Wetland Fee Transmittal Form Copy of 2 Checks to Commonwealth of Massachusetts Copy of 2 Checks to the Town of North Andover Owner listing MyTopo Map Copy of Order of Resource Area Delineation DEP #242-1705 Copy of WPA Form 4B Order of Resource Area DEP#242-1705 Plan Showing Wetlands, prepared by Andover Consultants, dated 04/06/17 revs. 05/11/17 Copy of Letter, prepared by Andover Consultants, dated 01/29/18 to: Natural Heritage & Endangered Species Program Copy of Certified Mail to Natural Heritage & Endangered Species Program Copy of Picture: On west side of the existing dwelling looking northwest Copy of Picture: Near wetland flag 17D looking westerly Copy of Picture: Near wetland flag 36D looking northeasterly North Andover Conservation Commission Waiver Request Form for section 2 - build North Andover Conservation Commission Waiver Request Form for 3.1 Ephemeral pools and Ephemeral Pool Hab North Andover Conservation Commission Waiver Request Form for 3.1 Ephemeral pools Abutters Listing, dated 01/01/2017 lot 41, 42 Notification to Abutters Notice of Intent Plan, prepared by Andover Consultants Inc., dated 01/08/2018 revs 02/05/2018 Letter, dated 02/07/2018, prepared by Dennis Griecci, Andover Consultants, Inc. Letter, dated 02/16/2018, prepared by Thomas French, Division of Fisheries & Wildlife Letter, dated 02/21/2018, prepared by Dennis Griecci, Andover Consultants, Inc. Violation(s)/Enforcement Order(s) 487 Winter Street (Haddad) The Administrator gives the history history on the violation. A Motion is made by Mr. Lynch to ratify the enforcement order issued to 487 winter Street, seconded by Mr. Manzi Vote unanimous Documents Letter Dated 02/15/2018, prepared by Jennifer Hughes WPA Form 9 Enforcement Order dated 02/15/2018 25 Hollow Tree Lane Mr. Hochmuth, Williams & Sparages, on behalf of the owner Mr. Fixler presents the restoration plan for the property. The majority of the clearing was done on 487 Winter Street. The enforcement order required a survey of the property in order to determine the lots and where the clearing was done. Mr. Manzi clarifies the jurisdiction of the Commission in regard to tree removal. as a question as to a stream being on the property. Mr. Hochmuth would like to also add a fence to the property. Mr. Lynch questions the location of the tree removal and the restoration plan. Mr. Hochmuth states that the ground cover, bushes and vegetation is expected to regenerate. Mr. Lynch asks about the time frame for regrowth. Mr. Hochmuth states that by early summer there should be some regrowth. Mr. Lynch states the regeneration should be evaluated in 120 days the meeting continued to the second June meeting. Mr. Manzi is asking why an NOI would be required. The Administrator states that any work the applicants wish to maintain should be permitted. Only restoration should be done under the EO. Mr. Hochmuth would like to continue to the March 14, 2018 meeting and would like the to be able to install a fence in the spring. The Administrator states that as part of the Restoration Plan is can be done outside the 50- foot No Build Zone. Mr. Armstrong is here from Trinity Logging. He states he was hired by 46 Hollow Tree Lane and gives the Commission some background on the project. Mr. Lynch speaks to the cutting that was done on these three properties needed to have permits pulled in regard to Wetlands Protection Act Mr. Armstrong states that he has learned a lesson here today. The Administrator states that there is potentially some riverfront on 46 Hollow Tree and priority habitat. Mr. Lally would like to speak regarding the Enforcement Order. Mr. Lally has retained Hancock Environmental and would like a continuance The Commission states that an NOI would need to be done for all of the work that that Mr. Lally would like to keep clear. Mr. Napoli asks if everything is done. The Administrator would like to see more erosion control on the property. Also the erosion control is not what is required for the site. Mr. Lally would like to continue until the May 09, 2018 meeting date. A motion to continue until the May 09 meeting is made by Mr. Lynch and seconded by Ms. Feltovic. Vote unanimous Documents Letter, Restoration Plan, Dated 02/13/2018 prepared by Greg Hochmuth Plan of Plan, prepared by Williams & Sparages Decision 242-1727, 404 Summer Street (Norse Environmental) (Ptarmigan) Discussion between the Commission and the Administrator on the Order of Conditions. A motion to accept and issue the Order of Conditions as reviewed and amended is made by Mr. Manzi and seconded by Mr. Lynch. Vote unanimous Adjournment 9:52pm A motion to adjourn was made by Mr. Manzi seconded by Mr. Lynch Vote unanimous