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Home My WebLink About2012-04-03 Planning Board Supplemental Materials SMOLAK B. Y ALIGHAN Jahn T. Smolak, Esq. 7: 978-327-5215 1 F: 978-327-5219 A T T O R N E Y 5 A T l A W jsinolak(a'smolakvaughan.com March 29,2012 VIA EMAIL AND REGULAR MAIL Judith Tymon Town Planner Town of North Andover 1600 Osgood Street North Andover, Massachusetts 01.845 RE: Application for Watershed Protection District Special Permit Property: 358 Dale Street Applicant: Stephen Smolak Response to Peer Review Comments and other Matters Dear Judy: On behalf of the Applicant, enclosed for filing with the Planning Board as a supplement to the Special Permit Application filed on Friday,February 17,2012,is a response from the Applicant's Project Engineer,Greg Saab, to the March 20,2012 letter from Eggleston Environmental. We also note that in connection with the Board's discussion concerning endangered species matters,we had a consultation on March 22, 2012 with Jesse Leddick, Endangered Species Review Biologist,with the State's Natural Heritage&Endangered Species Program. Mr. Leddick's comments included a request to attempt to move proposed improvements as far to the west side of the lot(and away from the drainage area to the east of the lot) as reasonably practicable. Accordingly,we provided Mr. Leddick with a copy of the site plan on March 26,2012,to which he indicated that the proposed project improvements were in a location which is acceptable,subject to formal review through the joint Conservation Commission/ Natural Heritage Review process. Accordingly,we are confident that Natural Heritage is satisfied that the proposed layout will not result in a "take" or other impact to the specie of concern which is the Blandings Turtle. Please feel free to contact my office with any further questions or concerns. ceerely, ohn T. Smolak JTS/ 1000436SA;c1}East Mill, 21 High Street,Suite 301,North Andover,NIA 0184_5 VVNVW.Si►I OLAKVAUGH AN.00NI Engineering and 5urvey+ng 5ervice5 70 Bailey Court Haverhill, Ma55aChU5ett5 O 1832 Tel: (978) 556-0284 March 29, 2012 North Andover Planning Board 1600 Osgood Street North Andover, MA 01845 Attn: Judy Tymon, Town Planner RE: Application for Watershed Protection District Special Permit Property: 358 Dale Street Applicant: Stephen Smolak Response to Peer Review Comments and other Matters Dear Ms. Tymon: On behalf of the Applicant, the following is a written response to the March 20, 2012 letter from Eggleston Environmental. Our response is sequenced in the order in the peer review letter. 1. A design detail is needed for the pervious pavement(s). The runoff calculations suggest that the driveway will have a 4-inch underdrain, however no underdrain is shown on the plan and it is not clear where one would discharge. Response: See underdrain detail on the attached site plan. A design detail for the pervious payment is also depicted on the site plans. 2. Provision should be made to ensure that the pavement areas remain porous over the long term, e.g. through a regular maintenance plan and a prohibition on sealcoating, and that no additional impervious areas be added to the site without Planning Board approval. Response: We would suggest this comment be incorporated as a condition to any Special Permit Decision. 3. The plan should show inverts for the perimeter drain system. Response: Inverts for the perimeter drain system have been added to the Site Plan. 4. Geotextile fabric should be used on the top and sides only of the roof infiltration system. Placement of the fabric on the bottom of the excavation can lead to system failure. Response: Note has been added to the roof infiltration system detail. 5. The limit of work, including vegetation clearing, should be shown on the site plan per the Special Permit requirements, and the proposed landscaping should be described. I recommend that the lawn area on the site be kept to a minimum, and that the property be landscaped in such a manner as to minimize the maintenance that is required, e.g. the soil should be well aerated, it should have a minimum of 6- inches of topsoil and, where possible, native vegetation should be planted to minimize the need for fertilizer and watering. Only organic, slow-release fertilizer should be used on the property. As with similar projects permitted within the Watershed Protection District, both the limits of approved clearing and the restriction on lawn care products should be permanently recorded on the deed to the property. Response: The limit of work is now more clearly depicted on the Site Plan, and the lawn area has been kept to a minimum as only approximately 1 acre of the 1.48-acre site will be disturbed. Additional buffering in the form of existing vegetation along the western side of the lot has been increased so that a portion of the existing tree line along this boundary has been preserved. We have also included some additional landscaping along the front of the lot, and may adjust native plantings based upon any planting plan which may be required by the Conservation Commission as a part of the Wetlands Notice of Intent review process. As to the last comment above, we would assume the Board would condition the approval upon the execution of a covenant or restriction as with other previous projects previously approved within the Watershed Protection District. 6. The sequencing of project construction should be addressed, including that of the pervious pavement driveway. Erosion control barriers should be installed prior to any soil disturbance and inspected and maintained throughout the construction phase of the project, and soil stockpiles should located outside of the Non- Disturbance Zone. Response: A project construction sequencing narrative will be provided, and we suggest that the comments above be incorporated as a condition to any Special permit Decision. _Z_ 7. I recommend that the use of copper, brass or zinc coated exterior building materials (e.g. roofing, gutters, downspouts, and ornamentation) be prohibited within the Non-Discharge Zone, except where they will not be exposed to rainfall or runoff. Response: We have no issue with this comment, and suggest that the comments above be incorporated as a condition to any Special permit Decision. A hard copy of the updated site plan will be delivered to Lisa Eggleston's office for Saturday delivery. Please let me know if you have any further comments at your earliest convenience as we would like to be in a position to request the Board to close the public hearing at its next meeting on April 3, 2012. Thank you. Sincerely, Greg Saab -3- Page 1 of 2 John Smolak From: Leddick, Jesse (FWE) Desse.leddick@state.ma.us] Sent: Wednesday, March 28, 2012 12:32 PM To: John Smolak Cc: 'ess-greg@comcast.net'; Glorioso, Lauren (FWE) Subject: RE: 358 DALE STREET NORTH ANDOVER- NHESP(File 12-30708) John, It was a pleasure to speak with you and Greg on March 22°a. We appreciated being able to comment on the proposed project as part of the requested pre-filing consultation, and additionally,appreciate your efforts to re-design the proposed project in order to move improvements away from the wetland buffers areas as far as reasonably practicable . Based on the information we currently have on file,and particularly the updated site plan (dated March 27, 2012) incorporating these design modifications, I do not anticipate having any additional,significant concerns regarding the project as proposed. As we discussed, a formal MESA/NOI filing will still be required;we look forward to receiving the streamlined MESA/WPA filing and to completing our review and issuing a final determination at that time. If you would,please reference NHESP file number(12-30708)when you File. Please contact me directly with any additional questions or concerns, or if any additional changes to the project are proposed. Best regards, ....Jesse Jesse Leddick I Endangered Species Review Biologist I Natural Heritage&Endangered Species Program Division of Fisheries&%Vildhfe I 1 Rabbit Hill Road I Westborough,MA 01581 Direct: 508-389-6386 Fax: 508-389-7891 From:John Smolak [mailto]Smolak@smolakvaughan.com] Sent:Tuesday,March 27, 2012 3:30 PM To:Leddick,Jesse (FIVE) Ce: 'ess-greg@comcast.net' Subject:RE: 358 DALE STREET NORTH ANDOVER Hi Jesse: As a follow-up to our March 22 conference call,as well as Greg Saab's email which attached an updated site plan,you had requested that we attempt to move proposed improvements as fax to the west side of the lot (and away from the drainage area to the east of the lot) as reasonably practicable. To this end,we have moved the improvements to the westerly side of the lot such that there is a 20-foot setback of the building to the westerly property boundary,the driveway has been moved westerly,and all structures are outside of the 100-foot wetlands buffer although some grading will take place within the outer 50 feet of the 100-foot buffer. Please confirm that these changes are acceptable to the NHESP Program,subject to a formal MESA filing to 3/29/2012 Page 2 of 2 be made at the time that a wetlands Notice of Intent is Filed using the Wetlands/NHESP review process. We appreciate your willingness to review these plans on a pre-filing basis. Regards, John John T. Smolak, Esq. Smolak&Vaughan LLP East Mill 21 High Street, Suite 301 North Andover, Massachusetts 01.845 Tel. 978.327.5220 (1liain) Tel. 978.327.5215 (Direct) Fax 978.327.5219 E-Mail:jamolak@SmolakVaughan.com Web address:www.SmolakVaughan.com From: ess-greg@comcast.net [mailto:ess-greg@comcast.net] Sent: Tuesday,March 27,2012 2:55 PNI To: jesse.leddick@state.ma.us;john Smolak Cc:greg Subject: 358 DALE STREET NORT I I ANDOVER Jesse I attached the revised site plan for 358 Dale Street in North Andover. Greg Saab ESS 70 Bailey Ct. Haverhill, MA 978-556-0284 3/29/2012