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HomeMy WebLinkAbout2018-04-25 Conservation Commission Minutes North Andover Conservation Commission Meeting Minutes April 25, 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: 7:06 pm Quorum Present. Pledge of Allegiance Acceptance of Minutes A motion to accept the minutes of April 11, 2018 as drafted and reviewed is made by Ms. Feltovic seconded by Mr. Manzi Vote 5-0 unanimous 242-1728, 500 Boxford Street A motion to continue until May 09, 2018 is made by Ms. Feltovic seconded by Mr. Manzi. Vote 5-0 Unanimous Documents Email requesting a continuance to May 09, 2018 meeting date, from Dennis Griecci Andover Consultants received 04/20/2018 242-1721, 562 Boxford Street A motion to continue until May 09, 2018 is made by Ms. Feltovic seconded by Mr. Manzi. Vote 5-0 Unanimous Documents Email requesting a continuance to the May 09, 2018 meeting, from TJ Melvin, Christiansen & Sergi received 04/20/2018 63 Crossbow Lane A motion to continue until May 09, 2018 is made by Ms. Feltovic seconded by Mr. Manzi. Vote 5-0 Unanimous 242-1347, COC Request, Airport Vegetation Management Plan Lawrence Municipal Airport A motion to continue until May 09, 2018 is made by Ms. Feltovic seconded by Mr. Manzi. Vote 5-0 Unanimous 242-1642, COC Request, Runway 14-32 Safety Area Project Lawrence Municipal Airport A motion to continue until May 09, 2018 is made by Ms. Feltovic seconded by Mr. Manzi. Vote 5-0 Unanimous 242-1713, COC Request, 127 Vest Way A motion to continue until May 23, 2018 is made by Ms. Feltovic seconded by Mr. Manzi. Vote 5-0 Unanimous Small Project NACC #209, 175 Sandra Lane The Administrator states that a site visit was conducted wetland flags were placed on the site and that the trees were measured off and found to be outside the 25 foot no-disturb zone. Sandra Messier, owner 175 Sandra Lane, gives an over view of the project request which is to remove seven(7) trees outside the 25 foot no-disturb zone. All trees would be removed by crane without damage to the Wetlands area. The Administrator states that there are quite a few saplings that will remain and provide cover for the property. A motion is made to accept this as a small project L is made my Mr. Manzi seconded by Mr. Lynch. Vote 5-0 unanimous A motion is made to approve as a Small Project L with conditions for preconstruction and post construction inspections as well as the saplings to remain is made my Mr. Manzi seconded by Ms. Feltovic. Vote 5-0 unanimous Documents Application Checklist Small Project Project Narrative, prepared by Laura Messier, dated 04/25/2018 Letter, prepared Brendan Gunn Request for Determination of Applicability 35 Dale Street Jay Henshall, Gibraltar Pool on behalf of the owners Rob and Beth Buyea, Mr. Henshall states that the proposed project is to install a 16 x 28 foot above ground pool with a surrounding cantilevered safety deck outside the 50 foot no build area. Some leveling of the area will be required to assure a flat level surface to assemble an above ground pool, this will be done by cutting into the existing grade of the yard. Then regraded to match the existing conditions. Tree removal is also requested for this project. The Administrator states that a site visit and a review of the Wetland line was conducted, at that time an itermittent stream was found and the Wetland was found to be flagged appropriately. There is currently a fence on the property which was not approved by the Commission and is close to the 25 foot no-disturb zone. The proposal is to remove all the trees in the back yard outside the 25 foot no- disturb zone. This area is in the Watershed. The property slopes and the saplings should be left to help with erosion control. The Administrator states that this is currently being heard by the Planning Board and still needs to go before the ZBA. The Administrator also states that a detail diagram on the Pool Filter system needs to be supplied to the Commission. Mr. Lynch questions what type of equipment will be used for the earth removal. Mr. Henshall states that due to the grading on the property a lot of the work will be done by hand a small bobcat might also be used. The Administrator states that the pool deck does overhand the 50 foot no-build zone but it is a cantilevered deck that does not touch the ground. Conditions for the project are discussed and recommended as pre-construction and post construction as well as keeping of the sapling trees and Wetland Markers on the fence. A motion to continue until the May 09, 2018 meeting is made by Mr. Lynch seconded by Mr. Manzi. Vote 5-0 unanimous Documents WPA Form 1 Request for Determination of Applicability, prepared by Jay Henshall, dated 03/20/2018 Town of North Andover Abutter List, prepared by Samuel Cheney, dated 04/10/2018 Notification to Abutters Letter, dated 11/03/2017, prepared by Mary Trudeau Wetlands Consultant. TOPO map dated 11/03/2017 FIRM map dated 07/03/2012 MASSGIS map dated 11/3/2017 Plan of Land , prepared by Bryan G. Parmenter, dated 03/20/2018 11x17 Plan of Land , prepared by Bryan G. Parmenter, dated 03/20/2018 17x22 Notice of Intent 242-1732, Pleasant Street- Stevens Pond Kara Sliwoski, states that the request is for the Aquatic Management Program at Stevens Pond to control nuisance plant and algae growth utilizing biological augmentation and treatment with USEPA/MA State registered aquatic herbicides, algaecides, and other BMP's. This is an ongoing project the current OOC permit is expiring and this new NOI is to continue the work that has been ongoing for the last five years. Mr. Lynch questions what type of benchmarking or project performance and how effective is the treatments. Ms. Sliwoski states that they have been doing a low-dose aluminum sulfate applications to help control the algae blooms. Mr. Manzi asks if baseline water testing was done and if so was a report submitted to the Commission. Ms. Sliwoski states that one would be provided to the Commission and the COC request will be submitted for the next meeting on May 09, 2018. Ms. Feltovic asks if there have been any adverse effects by the treatments Ms. Sliwoski states that none have been detected. A motion is made to continue until the May 09, 2018 meeting is made by Ms. Feltovic seconded by Mr. Lynch. Vote 5-0 unanimous Documents Application Checklist Notice of Intent (NOI) eDEP- Online Filing System printout WPA Form 3 Notice if Intent, prepared by Solitude, dated 04/11/2018 WPA Form 3 Notice of Intent Appendix A: Ecological Restoration Limited Project Checklists, prepared by Matthew Salem dated 04/11/2018 WPA NOI Wetland Transmittal Form Attachment A Abutter Notification Affidavit of Service, Solitude Lake Management Notification to Abutters Abutter Listing, dated 04/09/18 Attachment B- Project Description Attachment C- Figures, prepared by Solitude Lake Management dated 04/11/18- Figure 1 Site Locus Map Figure 2 Vegetation Assemblage Figure 3 Natural Heritage & Endangered Species Program Habitat Attachment D- Herbicide / Algaecide Information 242-1734, 980 Forest Street The Administrator states that a site visit was done and that there are some concerns with the Wetland Delineations which have been forwarded to Maureen Herald, Norse Environmental. There is also an issue of a violation on the property. Maureen Herald Norse Environmental is here on behalf of the owners. The project is to raise the existing pool, deck and patio that are currently on the property and to construct a lap pool, stone patio areas, a shed, 23x14 foot deck, utilities, raised planting beds, and a garden bed. At the time of the filing this project met the 25 foot no-disturb zone, but as mentioned by the Administrator there are some violations that were found at the time of the site visit. The Administrator states that there was a prior filing for a garage addition subsequent to that a pool was constructed which was done by the previous owners of the property not by the current owners who have owned the property for more than 3 years. A 2017 aerial of the property shows a fence bordering the 25 foot no-disturb zone, the fence has been removed and now there is a newly established lawn up to the edge of the Wetland with a few trees remaining. Ms. Herald states that tonight is just to present the project request to the Commission and answer any questions the Commission has, knowing that the 25 foot no-disturb zone needs to be revegetated and established. Also the Administrator stated that there were concerns with Wetland flags 3B-5B, and make the appropriate adjustments to the plan as needed. Mr. Lynch notes that a confirmed Wetland line is needed and questions how to proceed with the issues that are currently on the property. The Administrator would like to keep the restoration of the 25 foot no-disturb zone separate from the new filing. The pool that is currently there will be demolished thus removing that violation. The Administrator asks Ms. Herald if the existing deck associated with the pool will also be removed. Ms. Herald confirms that both the existing deck and pool will be removed. The Administrator would like to see an enforcement order issue for the restoration of the 25 foot no- disturb zone and potentially a wall or fence to mark the reestablished 25 foot no-disturb zone. Mr. Lynch questions if the new plan should denote the reestablishing of the 25 foot no-disturb zone and the removal of the existing deck and pool. Mr. Napoli questions the placement of the flags on the property and the need to move them to the top of the slope of the Wetland. John Longueil 926 Forest Street would like to know how his property abuts the subject property. Ms. Herald and the Administrator shows the location of the project on a map relative to Mr. . The Administrator recommends issuing an enforcement order for the restoration of the 25 foot no- disturb zone with plans to be presented to the Conservation Commission at the May 09, 2018 meeting. A motion to issue an enforcement order for 980 Forest Street is made by Mr. Lynch seconded by Ms. Feltovic. Vote 5-0 unanimous A motion to continue until the May 09, 2018 meeting is made by Mr. Manzi seconded by Ms. Feltovic Vote 5-0 unanimous Documents Application Checklist Notice of Intent (NOI) WPA Form 3 Notice if Intent, prepared by Norse Environmental, dated 04/12/2018 Copy of Checks to the Town of North Andover, Natural Heritage & Endangered Species & Commonwealth of MA WPA NOI Wetland Transmittal Form Notification to Abutters Abutter Listing, dated 01/17/18 Affidavit of Service, Maureen Herald Norse Environmental Notice of Intent Report, prepared by Norse Environmental Services, Inc. April 2018 DEP Bordering Vegetated Wetland Delineation Field Data Form, prepared by Steven Eriksen Town of North Andover Board of Assessors FY2018 Property Map North Andover Site Map OLIVER Map dated 03/02/2018 Soil Map- Essex County, dated 03/02/2018 National Flood Hazard Layer FIRMette FEMA OLIVER Map dated 03/02/2018 North Andover Wetlands Regulations Riverfront Area Map 8 Photographs 980 Forest Street Notice of Intent Site Plan, Prepared by Stephen Dresser dated 04/11/2017 242-1733, 48 Regency Place The Administrator is giving some background on the proposed project. This home is part of the Regency Place development that has a current OOC in final extension that expires May 08, 2018, one day before the next scheduled Conservation Commission Meeting of May 09, 2018. The plan for this home is mostly outside the 100 foot buffer zone, the original filing does not have a pool on the plan so as part of the new filing a pool is requested and has been added to the plans. Currently this lot is undeveloped and if issued this would give the developer 3 years to construct the lot. Some of the concerns for this lot would be the limit of current clearing on the lot and would like to see it denoted on the plan and also on the COC plan due to the erosion control line being different from what was originally permitted. Monumentation of the 25 foot non-disturb zone was not required on some of the lots because they were not disturbing up to the 25 foot no-disturb zone, the limit of disturbance on the existing plan was up to the 50 foot no-build zone and just required markers but the Commission might require permanent monumentation now that some of the disturbance is in the 50 foot no-built zone. The second concern is that the plan does not show any walkways, paths, decks or patios on the plans. Maureen Herald, Norse Environmental is here on behalf of the owner. Ms. Herald states that the items mentioned by the Administrator need to be added to the plan and would like a continuance to the May 09, 2018 meeting in order to add these details. A motion to continue until the May 09, 2018 meeting is made by Mr. Manzi seconded by Ms. Feltovic. Vote 5-0 unanimous Documents Application Checklist Notice of Intent (NOI), prepared by Maureen Herald, dated 04/12/2018 WPA Form 3 Notice if Intent, prepared by Norse Environmental, dated 04/11/2018 Copy of Checks to the Town of North Andover & Commonwealth of Massachusetts WPA NOI Wetland Transmittal Form Notification to Abutters Abutter Listing, dated 04/09/18 Affidavit of Service, Maureen Herald Norse Environmental Notice of Intent Report, prepared by Norse Environmental Services, Inc. April 2018 Town of North Andover Board of Assessors FY2018 Property Map North Andover Site Map OLIVER Map dated 04/11/2018 Soil Map- Essex County, dated 04/11/2018 National Flood Hazard Layer FIRMette FEMA OLIVER Map dated 04/11/2018 North Andover Wetlands Regulations Riverfront Area Map Notice of Intent Site Plan, Prepared by Philip G. Christiansen dated 04/10/2017 NACC #208, Regency Place Lot 8 The administrator states that this property is a little further along and is currently being worked on. The 25 foot no-disturb zone wall is in place. Maureen Herald, Norse Environmental is here on behalf of the owner. Ms. Herald states that the erosion controls are in place and the framing of the single family home has started. The Administrator states that a pool is now on the plan for this property which will be located well out of jurisdiction. Concerns are that the plans do not show some of the finer details such as any walkways, paths, decks or patios, or an area for the soil stockpile which was shown on the prior plan in the location of the pool. Mr. Lynch states that if the soil stockpile is to happen in the front of the house then careful attention should be paid to the drainage easement in the front. The Administrator states that the drainage easement is part of the proposed project and has not been constructed yet and goes into the lot adjacent to this lot. The Administrator also notes that this is a Bylaw filing only and has a NACC# due to it being an isolated Wetland. Mr. Lynch questions if it is a loam stockpile considering the house is already under construction. Ms. Herald confirms that it is for loam needed for the pool, and landscaping. Mr. Lynch question the sequence of the construction in regard to the drainage. Ms. Herald states that the drainage culvert installed before the driveway is installed and then the cross country swales for the lots as part of the final landscaping for the lots. The Administrator asks if the plans have a construction entrance. Ms. Herald confirms that the plans do have a construction entrance noted on them. Ms. Herald, would like a continuance to the May 09, 2018 meeting A motion to continue until the May 09, 2018 meeting is made by Ms. Feltovic seconded by Mr. Lynch Vote 5-0 unanimous Documents WPA Form 3 Notice if Intent, prepared by Norse Environmental, dated 04/10/2018 Copy of Check to the Town of North Andover WPA NOI Wetland Transmittal Form Notification to Abutters Abutter Listing, dated 04/09/18 Affidavit of Service, Maureen Herald Norse Environmental Notice of Intent Report, prepared by Norse Environmental Services, Inc. April 2018 Town of North Andover Board of Assessors FY2018 Property Map North Andover Site Map OLIVER Map dated 04/11/2018 Soil Map- Essex County, dated 04/11/2018 National Flood Hazard Layer FIRMette FEMA OLIVER Map dated 04/11/2018 North Andover Wetlands Regulations Riverfront Area Map Site Plan, Prepared by Philip G. Christiansen dated 04/10/2018. Enforcement Order/ Violations 193 Foster Street The Administrator gives the Commission a history on this property which does have a prior filing from 03/24/1999 DEP#242-944. The Enforcement order was for the construction of a deck/ raised patio which looks to be off property but the owners have had a survey done and is on the property. These are new owners and prior to building this deck/ raised patio there was a patio in the same location which does not seem to have a permit either but appears on aerial photos sometime in 2005 and is not referenced on the septic plans. The owners have since had the Wetland flagged but not confirmed due to timing. The lot has been surveyed but the Wetland delineation is not shown on the plan and will need to be added. There is a concern regarding the old Wetland delineation and the new delineation do not seem to match and will need to be confirmed. The current owners have done what was required of them in the enforcement order in regard to having the wetland flagged and a plan together. Justin and Claudia Owens, owners of 193 Foster Street are here in regard to the Enforcement Order issued to them for the deck/patio. Mr. Owens states that when the home was purchased a home inspector found the retaining wall failing and needed to be replaced. When the wall was reconstructed a pergola was also built on the patio. Mr. Manzi gives some background on the house and the site. The Administrator states that a Wetland Delineation will be confirmed prior to the next meeting. A motion to continue the enforcement order until the May 09, 2018 meeting is made by Mr. Manzi seconded by Ms. Feltovic. Vote 5-0 unanimous. Documents Field Survey Plan, prepared by Michael Sergi, Christiansen & Sergi, dated 04/13/18 Wetland Delineation Sketch, Aerial Google Map, dated 04/17/2018 delineated by Wetlands Preservation Inc. dated 04/13/2018 Aerial photo of 193 Foster Street. General Business 242-1588, PCOC Request, Regency Place Subdivision The Administrator states that there are still a few items which are needed to the plan. Maureen Herald, Norse Environmental would like to continue until the May 09, 2018 meeting if possible in order to get a Certificate of Compliance instead of a Partial Certificate of Compliance. Mr. Lynch questions if the project is able to receive a Partial Certificate of Compliance or a Certificate of Compliance due to the drainage easements. The Administrator asks if the Commission would like to leave this filling open until the whole development is done. There is discussion amongst the Commission and the Administrator regarding the project and the requirements of the drainage on the properties and the roadways. Ms. Herald would like to request to withdraw the request for a Partial Certificate of Compliance. A motion to accept the withdrawal request is made by Mr. Manzi seconded by Mr. Lynch. Vote 5-0 unanimous Documents WPA form 8A Letter prepared by Maureen Herald, dated 04/12/2018 Letter prepared by Philip Christiansen dated 04/10/2018 Interim As-Built Plan, prepared by Philip Christiansen, dated 04/02/2015 revs. 04/08/2015, 06/24/2015 242-55, PCOC Request, 1806 Salem Street The Administrator gives the Commission background on the request for a Partial Certificate of Compliance. A motion is made to grant a Partial Certificate of Compliance for DEP # 242-55 for 1806 Salem Street is made by Mr. Lynch, seconded by Ms. Feltovic. Vote 5-0 unanimous 209 Vest Way resigning of previously issued documents The Administrator confirms to the Commission that this is a resigning of previously voted decision. Draft forest management plan for Windrush Farm The Administrator reviews the plan with the Commission. A motion to accept as drafted and reviewed is made by Mr. Manzi and seconded by Ms. Feltovic. Vote 5-0 unanimous Decisions NACC 207, 535 Salem Street The Commission reviews the Order of Conditions for 535 Salem Street. A motion to issue the Order of Conditions as drafted is made by Mr. Manzi seconded by Ms. Feltovic. Vote 5-0 unanimous 242-1731, 60 Deer Meadow Road The Commission reviews the Order of Conditions for 60 Deer Meadow Road. A motion to issue the Order of Conditions as drafted and conditioned is made by Mr. Lynch , seconded by Ms. Feltovic Vote 5-0 unanimous 242-1730, Western Route MP 28.46 Culvert #28.46 (Keolis) (Fair Dermody Consulting The Commission reviews the Order of Conditions for Western Route MP 28.46 Culvert #28.46 A motion to issue the Order of Conditions as drafted and conditioned is made by Mr. Lynch, seconded by Ms. Feltovic Vote 5-0 unanimous Adjournment A motion to adjourn is made by Ms. Feltovic, seconded by Mr. Manzi. Vote 5-0 unanimous