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Home My WebLink About2018-06-13 Conservation Commission Minutes North Andover Conservation Commission Meeting Minutes June 13, 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 Staff Member Present: Jennifer A. Hughes, Conservation Administrator Meeting came to Order at: 7:08 pm Quorum Present. Pledge of Allegiance Acceptance of Minutes  A motion to accept the minutes as written and reviewed is made by Mr. Manzi seconded by Ms. Feltovic.  Vote 5-0 unanimous Request for Determination 35 Dale Street (Allen) (Gibraltar Pools)  The Administrator reviews the proposed project with the Commission and the nd updates/changes that have been made to the project. These updates/changes include a 2 peer review letter which recommended no grading to be done on the backside of the pool with anything steeper than a 2:1 slope and that the pool filter be located as far from the resource area as possible on the western and north side of the property. An updated pool O&M plan was also received.  Mr. Lynch would like a new O&M Plan with language that if the pool needs to be drained it will be trucked away from the site.  The Administrator states it can be a preconstruction condition that the pool O&M modification be submitted.  Mr. Manzi questions if there are limits to the number to conditions allowable on a Determination of Applicability.  The Administrator states that there is no limit on the number of conditions allowed although it should not be what is required for an OOC.  A motion by Mr. Manzi to issue a negative #3 determination with pre and post construction inspection with a requirement to modify the O&M Plan with the pool drainage language change, and the cartridge filter information, seconded by Ms. Feltovic  Vote 5-0 unanimous Documents  SSV Engineering Inc. prepared by Sam Bade, dated 05/30/2018 707 Turnpike Street (Caffrey) (Christiansen & Sergi)  The Administrator states that a revised plan has been submitted, which now shows the dewatering information as well as erosion controls on the opposite side of Rte. 114 as well as a buffer zone associated with of-site resource areas. These buffers are approximate. 1 | Page North Andover Conservation Commission Meeting Minutes June 13, 2018  T.J Melvin, Christiansen & Sergi presents the plan changes on behalf of the owner Cheryl Fitzpatrick at 707 Turnpike Street. Mr. Melvin states that at the last meeting adding a 10’ x 10’ receiving pit was added on the opposite side of 114. Also added was a dewatering plan for that pit as needed, siltation controls around the limit of work were also added as well as some approximate offsets are also shown on the revised plan.  Mr. Lynch states the commission needs a condition in the determination stating that this decision does not grant any property rights to the applicant on the other side of the street.  Mr. Napoli states that the dewatering detail is not adequate for the water that will be encountered in that area. He states the pit is only 2’ deep and the water will be silted. He states a frac tank may be needed.  Mr. Lynch states metal sheathing on the sides of the pit could be adequate. He states the sheathing should go 2’ below the work zone.  Mr. Saal states we should have information on the location of groundwater first.  Mr. Melvin asks if the water table pits could be hand dug.  The Administrator asks if the dewatering area could be enlarged.  Mr. Melvin states the work on the other side of Rte 114 should be short lived.  Mr. Lynch states water table detail is not all that valuable as it is from a point in time. Commissioner Sean F. McDonough enters the meeting @ 7:22pm  A Motion to continue to June 27, 2018 is made by Mr. Manzi seconded by Ms. Feltovic  Vote 5-0 unanimous Documents  Letter, prepared by James Melvin, dates 06/06/2018  Sewer Repair Plan, prepared by Christiansen & Sergi, dated 04/16/18, Revs. 06/05/2018 555-575 Turnpike Street (Chestnut Green) (Merrimack Engineering) (Property Management of Andover)  The Administrator reviews the proposal to repave the parking lot and make other improvements in the buffer zone. She states there is dumping of debris adjacent to the wetland that has been removed. She also states that the stormwater management system had not been maintained. Catch basins have since been cleaned but there are two outlets within the wetland that could not be found.  Steve Stapinski, Merrimack Engineering Services presents the proposal on behalf of Property Management of Andover. He states there is also new work at the end of Hillside outside of the 100’ buffer zone. He states erosion control will be placed at the edge of the pavement. He states the remainder of the stormwater maintenance will be done and silt sacks will be placed in the catch basins during paving.  Mr. Lynch asks if the proposal is for grinding.  Mr. Stapinski states some of the material will be reclaimed for grading.  Mr. Lynch states that the paving will be taken down to the original gravel.  Mr. Stapinski states this should be a two week project with the potential for some work to take place at night. He states there will be a new easement to the town in the cul-de-sac and that the new paved parking area will be porous pavement per the planning board. 2 | Page North Andover Conservation Commission Meeting Minutes June 13, 2018  The Administrator states that proof of cleaning of the pipes could be provided prior to the start of work.  Mr. Lynch states a machine may be needed to find the pipes.  A motion to issue a negative #3 determination with conditions for cleaning of the discharge pipes prior to the start of construction, pre and post construction inspections, and placement of wetland markers is made by Mr. Manzi and seconded by Ms. Feltovic.  Vote 6-0 unanimous Documents  WPA Form 1 – Request for Determination of Applicability, prepared by Stephen Stapinski dated 05/01/2018  Written Narrative, prepared by Stephen Stapinski, dated 05/01/2018  Locus Map  Application Checklist Request for Request for Determination of Applicability (RDA) prepared by Stephen Stapinski, dated 05/01/2018  North Andover Conservation Commission Waiver Request Form, prepared by Stephen Stapinski, dated 05/01/2018  Assessors Map  Town of North Andover Abutter List, prepared by Samuel Cheney dated 04/30/2018  Plan of Proposed Site Modifications containing 5 sheets, prepared by Merrimack Engineering, dated 03/01/2018 190 Dale Street (Dyer) (Wetland Consulting Services)  The Administrator presents the need for after the fact permitting of a large patio discovered while approving a building permit for a deck on the same property.  Robert Prokop, wetland scientist, presents the delineation plan done for the property. He states the 22’ x 58’ patio is partially constructed and there is a stockpile area. He presents photos of the site.  Mr. Manzi confirms that after the fact filing fees have been paid.  Mr. Lynch states pressure treated posts and wetland markers should be required at the 25’ No-Disturbance Zone.  A motion to issue a negative #3 determination with conditions for wetland markers on posts at the 25’ No-disturbance Zone and a post construction inspection is made by Mr. McDonough and seconded by Ms. Feltovic.  Vote 6-0 unanimous Documents  WPA Form 1 – Request for Determination of Applicability, prepared by Robert Prokop dated 05/22/2018  Copy of Check to the Town of North Andover  Written Narrative, prepared by Robert Prokop, Wetland Consulting Services, dated 05/15/2018  Figure 1. USGS Locus Map – 190 Dale Street  Figure 2. Plot Plan of Land, prepared by David P Terenzoni, dated 03/22/2018  Figure 3. Natural heritage Map  Photo A. View of Backyard showing lawn and patio currently under construction dated 05/09/18 3 | Page North Andover Conservation Commission Meeting Minutes June 13, 2018  Photo B. View of Intermittent Stream, dated 05/09/18  Photo C. View of Patio under construction, dated 05/09/18  Photo D. Construction Material behind Patio, dated 05/09/18  Town of North Andover Abutter List, prepared by Samuel Cheney dated 05/15/2018  Notification to Abutters Ipswich Street & Cotuit Street (Columbia Gas) (Merrill Engineers)  The Administrator presents the proposal for new gas line installation on Ipswich and Cotuit Streets.  Mr. Lynch asks about abutter notification. A waiver was requested.  The Administrator states the gas company has left notification at residences in the past.  Dana Altobello of Merrill Engineers and Land Surveyors presents the replacement gas line proposal to the commission. He states the new line will be high pressure PVC with service connections. The work will be within the roadway and shoulder. He states Brad Holmes delineated the wetland resource areas. He states the open trench method will be used. Erosion control will be installed, silt sacks will be placed in catch basins and there will be no work during rain events.  Mr. Lynch states there is a shallow culvert on Ipswich Street and asks what the plan is to install the line in this area.  Mr. Altobello states the gas line will be below the culvert.  Mr. Lynch states the commission will need a detail of that work.  Mr. McDonough asks about notification.  The Administrator states they seek a waiver of that requirement and that it is not required by the WPA only the bylaw.  Mr. Lynch sates a continuation will be needed to get a detail of the crossing area and a stockpile location on the plan.  Ms.Feltovic asks about the construction schedule.  Mr. Altobello states the contractor will do about 80’-300’ per day. There is approximately 810’ total but work in the buffer zone should only be about 1-2 days.  A motion to continue the public hearing to June 27, 2018 is made by Mr. Lynch and seconded by Mr. McDonough. The applicant does not need to attend if the detail is deemed adequate by the Conservation Department.  Vote 6-0 unanimous Documents  Letter, prepared by Dana M. Altobello, Merrill Engineers and Land Surveyors dated 05/17/2018  WPA Form 1 – Request for Determination of Applicability, Dana M. Altobello, Merrill Engineers and Land Surveyors dated 05/17/2018  Conservation Filing Fees  Project Narrative  Photograph #1 – View East towards the northern end.  Photograph #2 – View along Ipswich Street  Photograph #3 – View along the proposed gas main replacement route  Photograph #4 – View south along Cotuit Street along proposed gas main 4 | Page North Andover Conservation Commission Meeting Minutes June 13, 2018  North Andover Wetlands Regulations Riverfront Area Map  USGS Site Locus Map  FEMA Map  Priority Habitats of Rare Species, Estimated Habitat of Rare Wildlife & Certified Vernal Pools Map.  Wetland Delineation Overlay Plan  Filtrexx Silt Soxx detail sheet  Application Checklist – Request for Determination of Applicability (RDA) Dana M. Altobello, Merrill Engineers and Land Surveyors dated 05/18/2018  Copy of Check to the Town of North Andover  Letter, prepared by Sana M. Altobello, Merrill Engineers and Land Surveyors dated 05/17/2018 851 Forest Street (DeResende)  The Administrator reviews the filling and grading work done on site without a permit.  Mr. Lynch confirms the work was done within 35’ of the wetland resource area.  The owner, Christopher DeResende, states all of the debris was cleaned up from the resource area.  The commission discusses the location of the propane tanks (just inside the 100’ buffer zone) and the boulders that were removed.  Mr. Manzi states restoration is need up to the 25’ No-Disturbance Zone with permanent monumentation. Mr. Manzi recommends a stone wall.  Mr. McDonough asks where the boulders will be used.  Mr. Pierce the contractor states there will be grass up to the 25-foot No-Disturbance Zone.  A motion by Mr. Manzi to issue a negative #3 determination with pre and post construction inspection with a requirement for construction on a 2x2 dry laid fieldstone or boulder wall with monumentation and restoration planting on the 25 foot no-disturb zone, seconded by Ms. Feltovic.  Vote 6-0 unanimous Documents  WPA Form 1 – Request for Determination of Applicability, prepared by Christopher DeResende, dated 05/31/2018  North Andover Wetlands Regulations Riverfront Area Map  Notification to Abutters  Residential Property Record Card  Copy of Check to the Town of North Andover  Application Checklist- Request for Determination of Applicability (RDA)  Town of North Andover Abutter Listing, prepared by Samuel Cheney, dated 06/04/2018 Notice of Intent (NOI) 242-1728, 500 Boxford Street (Donovan) (Andover Consultants)  A Motion to continue to June 27, 2018 at the request of the applicant is made by Ms. Feltovic seconded by Mr. Lynch  Vote 6-0 unanimous 5 | Page North Andover Conservation Commission Meeting Minutes June 13, 2018 Documents  Email requesting a continuance until June 27, 2018 meeting from Dennis Griecci, dated 06/06/2018 242-1735, 1429 Osgood Street (Oliver Enterprises) (Allen & Major)  A Motion to continue to June 27, 2018 at the request of the applicant is made by Ms. Feltovic seconded by Mr. Lynch  Vote 5-0 unanimous Documents  Email requesting a continuance until June 27, 2018 meeting from Wayne Keefner, dated 06/06/2018 242-1736, 195 Olympic Lane (Crepeau) (Wetland & Land Management)  The administrator states that this is ready to close and issue.  A motion to close and issue within 21 days is made by Ms. Feltovic and seconded by Mr. Manzi.  Vote 6-0 unanimous 242-1737, Annual Road Maintenance (DPW)  The Administrator reviews the renewal of the Public Works general permit with the Commission.  Mr. Napoli states the Administrator should review the procedures with the new DPW director.  The Administrator states the matter will need to continue for input from NHESP.  A Motion to continue to June 27, 2018 at the request of the applicant is made by Ms. Feltovic seconded by Mr. Lynch  Vote 6-0 unanimous Documents  WPA Form 3 – Notice of Intent, prepared by James Stanford, dated 05/31/2018  NOI Wetland Fee Transmittal Form  Application Checklist Notice of Intent (NOI) prepared by James Stanford, dated 05/31/2018  Letter, prepared by James Stanford, dated June 2018  North Andover Wetlands Regulations Riverfront Area Map  Town of North Andover Resource Area Map  Copy of Letter to MassDEP, prepared by John Borgesi, dated 06/01/2018  Copy of Letter to Natural Heritage and Endangered Species Program, prepared by John Borgesi, dated 06/01/2018 General Business 242-1699, MOOC Request, 1 High Street (RCG)  The Administrator reviews the minor modification request with the Commissioners which includes a change in the amount of rip rap installed at the new pond outlet structure. 6 | Page North Andover Conservation Commission Meeting Minutes June 13, 2018  Tania Hartford, RGC, reviews the changes as well as a new planting Plan.  A motion to grant the minor modification for 242-1699 is made by Mr. McDonough, seconded by Ms. Feltovic.  Vote 6-0 unanimous Documents  Pond Outlet Plan, dated 02/16/2017 revs, 06/04/2018  Planting Plan, prepared by WBB Landscape Design  Letter, prepared by David Giangrande, Design Consultants, Inc. dated 06/08/2018 242-672, PCOC, 22 Bucklin Road (Stapinski) (Merrimack)  The Administrator gives an overview of the original project and presents photos of the site.  Mr. Manzi states this was one of the first PRDs and that there is a stone wall defining the resource area.  A motion is made by Mr. Manzi to grant a Partial Certificate of Compliance for DEP # 242- 672 for 22 Bucklin Road, seconded by Ms. Feltovic.  Vote 6-0 unanimous Documents  Letter, prepared by Merrimack Engineering Services, Inc. dated 05/28/2018  WPA Form 8A prepared by Stephen Stapinski, dated 05/28/2018  North Andover Conservation Commission Order of Conditions Compliance Certification Form, prepared by Stephen Stapinski, dated 05/28/2018.  As-Built Site Plan, prepared by Stephen Stapinski, Merrimack Engineering Services, Inc. dated 05/28/2018 242-1711, COC Request, 42 Foster Street (Christiansen & Sergi) (D’Antonio)  The Administrator states there is final stabilization of the site.  A motion is made to grant a Certificate of Compliance for DEP # 242-1711 for 42 Foster Street is made by Mr. McDonough, seconded by Ms. Feltovic.  Vote 5-0 unanimous Documents  Letter, Prepared by James Melvin, Christiansen & Sergi dated 06/06/2018  WPA Form 8A – Request for Certificate of Compliance, prepared by James Melvin, Christiansen & Sergi  Conservation As-Built Plan, prepared by Philip Christiansen, Christiansen & Sergi, dated 06/06/2018. Chairman Lou Napoli recuses himself for the airport matters as he is an abutter. @8:35pm Vice Chairman Albert Manzi Jr. will now Chair the meeting. 242-951, COC Request, RW32 End Wetland Restoration (Stantec) (Lawrence Municipal Airport  The Administrator reviews the request for a Certificate of Compliance and gives some background on the project. 7 | Page North Andover Conservation Commission Meeting Minutes June 13, 2018  Randall Christiansen of Stantec presents the project and the request for a Certificate of Compliance on behalf of the Lawrence Municipal Airport. He worked on the project and can answer any questions the Commission has.  A motion is made by Mr. Lynch to grant a Certificate of Compliance for DEP # 242-951 for Lawrence Municipal Airport, seconded by Ms. Feltovic.  Vote 5-0 unanimous Documents  Letter, prepared by Randall Christiansen, Stantec, dated 06/08/2018  Letter, prepared Randal Christiansen, Dufresne-Henry, Inc. dated 08/16/1999  Letter, prepared Randal Christiansen, Dufresne-Henry, Inc. dated 09/08/1999  Letter, prepared Randal Christiansen, Dufresne-Henry, Inc. dated 09/09/1999  Letter, prepared Randal Christiansen, Dufresne-Henry, Inc. dated 09/20/1999  Copy of Order of Conditions, 242-951  WPA Form 8A – Request for Certificate of Compliance, prepared by Stantec  As-Built Survey, prepared by David W. Rich dated 05/31/2018 242-1087, COC Request, Airport Industrial Park (Stantec) (Lawrence Municipal Airport  The Administrator states that this project never started and that it is an invalid OOC for work never started.  A motion is made by Mr. McDonough to grant a Certificate of Compliance for DEP # 242- 1087 for Lawrence Municipal Airport, seconded by Ms. Feltovic.  Vote 5-0 unanimous Documents  Letter, prepared by Randall Christiansen, Stantec, dated 08/26/2016  Copy of Order of Conditions, 242-1087  WPA Form 8A – Request for Certificate of Compliance, prepared by Stantec 242-1347, COC Request, Airport Vegetation Management Plan (Stantec) (Lawrence Municipal Airport  The Administrator states that a Final monitoring report was not done but that there are data sheets from 3 out of the 5 years of reports were submitted. The Administrator states that the site is well stabilized and complete and all requirements have been met.  Mr. Lynch asks if there are several VMP’s for this site.  Mr. Randall states that there were only two.  A motion is made to grant a Certificate of Compliance for DEP # 242-1347 for Lawrence Municipal Airport is made by Mr. McDonough, seconded by Mr. Saal.  Vote 5-0 unanimous Documents  Letter, prepared by Randall Christiansen, Stantec, dated 02/06/2018  Copy of Order of Conditions, 242-1347  WPA Form 8A – Request for Certificate of Compliance, prepared by Stantec  Record Drawings, prepared by Stantec dated July 2016  Letter, prepared by Randall Christiansen, dated 06-08-2018  Post-Management Vegetation Monitoring photos and report dated June 2018 8 | Page North Andover Conservation Commission Meeting Minutes June 13, 2018 242-1642, COC Request, Runway 14-32 Safety Area Project (Stantec) (Lawrence Municipal Airport)  The Administrator states that there are a few discrepancies from the original proposed plan. There is a gravel riprap slope adjacent to the resource area that is different from what was proposed but is needed due to the steepness of the slope. In addition, wetland markers on posts are still needed.  The Administrator recommends issuing the Certificate of Compliance but holding it until confirmation of the Wetland Markers is completed.  A motion made by Mr. McDonough to grant a Certificate of Compliance for DEP # 242- 1642 for Lawrence Municipal Airport, seconded by Ms. Feltovic.  Vote 5-0 unanimous Documents  Letter, prepared by Randall Christiansen, Stantec, dated 02/06/2018  Letter, prepared by David Rich, Stantec, dated 01/10/2018  Copy of Order of Conditions, 242-1642  WPA Form 8A – Request for Certificate of Compliance, prepared by Stantec  North Andover Conservation Commission Order of Conditions Compliance Certification Form, prepared by David Rich, Stantec, dated 01/10/2018  Site Photos, October 2017, Runway 32 end safety area 5 Photos  Site Photos, October 2017, Runway 14 end safety area 3 Photos  As-Built Plans, prepared by Stantec, dated July 2016 29 pages  Record Drawings, prepared by Stantec dated July 2016 Chairman Louis Napoli resumes chairing the meeting @ 8:42pm 242-1691, COC Request, Phase 2 Sidewalk & Pedestrian Improvements Route 114/125 (VHB) (MassDOT)  A Motion to continue to July 11, 2018 at the request of the applicant is made by Mr. Manzi seconded by Ms. Feltovic  Vote 6-0 unanimous Documents  Email from Jay Quattrocchi dated 06/12/2018 requesting a continuance until the July 11, 2018 meeting. 63 Crossbow Lane Small Project/Enforcement Order  The Administrator states that Mr. Duffy would like to speak to the Commissioners regarding the sand beach area on his property and the Commission’s decision to have Mr. Duffy remove this area.  Mr. Dennis Duffy, 63 Crossbow Lane, states that the old shed has been removed from the property as required by the Commission, Mr. Duffy give the Commission three photographs of fish life in the water. Mr. Duffy would like the sand to remain and believes the sand is better for the pond than grass.  There is discussion between the Commissioners and Mr. Duffy about the need to remove the sand beach area, fencing, table, and fire pit. 9 | Page North Andover Conservation Commission Meeting Minutes June 13, 2018  The Commission asks the Administrator to send out a neighborhood letter letting pond abutters know that all work within the buffer zone requires permitting.  The Commissioners instruct Mr. Duffy to remove the sand, fencing, fire pit, table, and all other items from the water edge and to restore the area to its natural state. Enforcement Order/Violation 25 Hollow Tree Lane (Fixler)  The Administrator states that Gregory Hochmuth has done a monitoring report which was to determine if any additional tree’s need to be planted, or if the Natural regeneration will be sufficient. The Administrator feels that this site can be revisited after the next monitoring report in the fall. No additional planting is required at this time.  A motion by Mr. Manzi to continue this matter until the fall monitoring report has been received, seconded by Ms. Feltovic.  Vote 6-0 unanimous 487 Winter Street (Haddad)  The Administrator reviews the file with the Commissioners.  The Commission discusses the potential need to continue this matter until the next meeting. The Commission would like the Conservation Administrator to contact the owners of the property.  A motion to continue until the June 27, 2018 meeting is made my Mr. Manzi, seconded by Ms. Feltovic.  Vote 6-0 unanimous 851 Forest Street (DeResende)  The Administrator states the owner was before the Commission tonight for an after the fact RDA regarding the work that was done and that an Enforcement Order was issued for. The Administrator would ask to have the Commission confirm the Enforcement Order.  A motion made by Mr. Manzi to ratify the Enforcement Order, seconded by Ms. Feltovic.  Vote 6-0 unanimous 325 Great Pond Road (Belko & Reusch)  The Administrator states that the Conservation Department was informed by the DPW of brush dumping on Great Pond Road Wetland Area. A letter along with photos was sent to the homeowner and removal of the brush was requested. The Administrator states that the new brush has been removed but prior dumping is still on site. The Administrator is asking the Commissioners to ratify the Enforcement Order.  The Commission discusses the non-compliance with the EO and the homeowner’s negative comments to the Field Inspector. The commission agrees all material should be removed.  A motion made by Mr. Manzi to ratify the Enforcement Order, seconded by Ms. Feltovic.  Vote 6-0 unanimous Decision 242-1736, 195 Olympic Lane (Crepeau) (Wetland & Land Management)  The Administrator reviews the drafted order of Order of Conditions with the Commissioners. 10 | Page North Andover Conservation Commission Meeting Minutes June 13, 2018  A motion to approve the Order of Conditions as amended is made by Mr. McDonough seconded by Mr. Manzi.  Vote 6-0 unanimous Commission Elections A motion is made by Mr. Manzi to nominate Mr. Louis Napoli as Chairman, seconded by Mr. Lynch. Vote 5-0 Unanimous A motion is made by Mr. Louis Napoli to nominate Mr. Albert Manzi Jr. as Vice Chairman, seconded by Mr. Lynch. Vote 5-0 Unanimous Adjournment 9:30  A motion to adjourn is made by Mr. Manzi seconded by Ms. Feltovic  Vote 6-0 unanimous 11 | Page