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HomeMy WebLinkAbout2019-03-13 Conservation Commission Minutes 1 North Andover Conservation Commission Meeting Minutes March 13, 2019 Members Present: Albert P. Manzi, Jr., Vice Chairman, Joseph W. Lynch, Deborah A. Feltovic and Douglas W. Saal, Sean F. McDonough and John T. Mabon Members Absent: Louis A Napoli, Chairman Staff Members Present: Jennifer A. Hughes, Conservation Administrator and Benjamin Curell, Field Inspector Meeting came to Order at: 7:07 p.m. Quorum Present. Pledge of Allegiance Acceptance of Minutes  A motion to accept the minutes of February 27, 2019 as reviewed and amended is made by Mrs. Feltovic, seconded by Mr. Lynch.  Vote 5-0 Unanimous. Request for Determination of Applicability 350 Winthrop Avenue (Delta MB LLC)  The Administrator states the proposal is for site improvements to meet ADA requirements. The project is unrelated to the culvert replacement and stream improvements previously before the Commission. The project will result in a reduction of impervious area and stormwater improvements.  Brian Dundon, RJ O’Connell & Associates, Inc. presents on behalf of the applicant. The owners of the shopping center received a deficiency citation from the ADA advocacy group. The deficiencies are related to grading, placement of handicapped parking stalls and striping. Sections of the sidewalk built along the storefronts exceed a 2% gradient. To correct these measures they propose saw cutting and removing the sections of the sidewalks and rebuilding them to the correct slopes. The wetland jurisdictional areas have been noted on the plans. The land disturbance will occur within the existing parking lot area located within the 100- foot Buffer Zone to Bordering Vegetated Wetland. The work will consist of reclaiming approximately 5,500 sf in total area. The activities occurring within the area consist of saw cutting and reclaiming of pavement, regrading and resurfacing the area to finished grade. They propose to convert approximately 2,000 sf of impervious surface area to pervious surface with the installation of curbed landscape islands.  The project was before the Planning Board at the February 19th meeting. They believe the project will be approved by the Planning Board with conditions at the March 19th meeting. Conditions will require weekly inspection reports to ensure work is being done in accordance with the plans, stormwater runoff is controlled and confined to the work space. They have agreed to some stormwater enhancements in the back of the property. The improvements are focused on a series of catch basins that discharge into the wetland resource area. They have agreed to clean the catch basins and install environmental hoods on the outfall pipes on each of the structures. Correspondence was received from the Administrator requesting the existing O&M Plan prepared in 2006 be updated. The update is to include increased maintenance requirements as a result of the work being done outback. They have agreed and the O&M plan is currently being updated. Given the conditions the Planning Board is imposing on construction sequencing, activities and inspections they feel there are enough safeguards ensuring construction related sands and sediments will not encroach into the wetland resource area. Weekly inspection reports along with photos will be required by the Planning Board. They are willing to share the reports with the Administrator.  The Administrator would like to know if erosion controls have been proposed.  Mr. Dundon states erosion controls are proposed but were not identified on the plan. Sequencing details were added to the drawings. The shopping center will remain open during construction and the work done in 2 segments. A sequencing narrative was created for the contractor to follow. As the sections are being worked on there will be temporary barricades in place with barriers installed on the down gradient side to ensure sediment is captured. Inspections will be required daily at the beginning and end of every day. Appropriate measures will be taken if inclement weather is expected.  Mr. Lynch states even with a Negative Determination erosion controls can still be conditioned with more specifics reqired. He would like to know if the proposed islands are rain gardens or landscaped areas that were previously paved.  The Administrator states normally they require the protection of catch basins within 100-feet with silt sacks. She feels waddles are only necessary when working in jurisdiction. The Administrator states she asked if they could do some curb cuts to allow water to flow in however the grading will not allow for it.  Mr. Dundon states the landscaped areas were previously paved and will not be rain gardens.  The Administrator states the Town Engineer has requested all the catch basins to be cleaned. He would like the O&M Plan updated to include inspections four times a year and once a year cleaning with the sumps cleaned if they are at least 50% full.  Mr. Mabon would like to know if the current O&M plan requires yearly reports on cleaning of the catch basins.  The Administrator states the O&M requires monthly reporting of trash cleanup. She feels that monthly reporting of trash maintenance is overly burdensome and that they have done a lot better. She doesn't feel the conditioning of more frequent reporting should be part of an RDA.  Mr. McDonough enters the meeting room.  Mr. Mabon would like to know how they have done with the reporting since 2006.  The Administrator states the requirement for reporting is more about trash maintenance. She feels it is difficult maintaining trash with the site being down gradient from Rt. 114.  Mrs. Feltovic states there are several species of non-native plants on the proposed drawings. She would like to confirm they will be working with the Administrator to select native species. She inquires how the Administrator will handle the fact that the wetland delineation has not been confirmed.  Mr. Dundon states the drawings will be updated with native plantings approved by the Administrator.  The Administrator states native plantings can be conditioned. The lack of wetland delineation requires a specific box to be checked on the Determination Form. She states the area has been confirmed in the past (2016 & 2017) and she feels will be confirmed again in the future.  The Commission discusses the O&M Plan and if a RDA is the best suited permit for the project.  A motion to issue a Negative Determination #3 as recommended (No confirmation of the wetland line under the determination). Special conditions to reflect the O&M maintenance suggested by the Town Engineer. Buffer Zone plantings to be native species, soil stockpiling and protection of soils stockpiled is made by Mrs. Feltovic, seconded by Mr. Saal.  Vote 6-0 Unanimous. Documents  RDA Application Checklist  WPA Form-1 Request for Determination of Applicability w/Supporting Documents  Existing Conditions Plans, dated April 20, 2017 prepared by RJ O’Connell & Associates, Inc.  Overall Site Plan, dated October 23, 2017 prepared by RJ O’Connell & Associates, Inc.  Demolition and Erosion Control Plan, dated October 23, 2017 prepared by RJ O’Connell & Associates, Inc.  Grading Plan, dated October 23, 2017 prepared by RJ O’Connell & Associates, Inc.  Parking and Traffic Control Plan, dated October 23, 2017 prepared by RJ O’Connell & Associates, Inc.  Site Details I, dated October 23, 2017 prepared by RJ O’Connell & Associates, Inc.  Site Details II, dated March 6, 2018 prepared by RJ O’Connell & Associates, Inc.  Landscape Plans, dated December 19, 2018, prepared by RJ O’Connell & Associates, Inc.  Cover Letter, dated February 21, 2019 prepared by RJ O’Connell & Associates, Inc. 3 Notice of Intent (NOI) 242-1751, 2051 Salem Street (Richards)  The applicant requested a continuance via email.  A motion to continue until March 27, 2019 is made by Mrs. Feltovic, seconded by Mr. Lynch.  Vote 6-0 Unanimous. Documents  Email from bosgoodpe@gmail.com requesting a continuance until 3/27/2019 242-1746, 495 Main Street, Recreation Complex (Town of North Andover)  The applicant requested a continuance via email.  A motion to continue until March 27, 2019 is made by Mrs. Feltovic, seconded by Mr. Saal.  Vote 6-0 Unanimous. Documents  Email from jmurray@wdgrp.com requesting a continuance until 3/27/2019 242-1745, 350 Winthrop Avenue (RDM, Inc.)  The applicant requested a continuance via email.  A motion to continue until March 27, 2019 is made by Mrs. Feltovic, seconded by Mr. Saal.  Vote 6-0 Unanimous. Documents  Email from PEllison@theengineeringcorp.com requesting a continuance until 3/27/2019 242-xxx, 1270 Salem Turnpike (Sampson)  Ann McMenemy, Hancock Associates presents on behalf of the applicant. The proposal is for site improvements to provide a play area behind the building for the proposed daycare. The BVW was flagged by Rimmer Environmental Consulting, the date of the flagging is unknown. NHESP has issued a no take letter and has requested that no work occur between October 15th & March 15th. A copy of the no take letter has been provided to the Administrator. The project proposal includes landscaping including a 6-foot vinyl fence, stairs, retaining wall and grading to allow a more level playing area. There is no increase of impervious area and no additional pervious area. They have provided sequencing notes in the Stormwater Management Report as well as on the plan. The total area of Riverfront is 41, 077 sf. The proposed work area is 3,275 sf (8%). There are two areas on the plan (cut & fill) on the northeast side of the building. The cut area which is indicated in red and is 1.8-feet with a slope of 7%. The fill which is indicated on the plan in green and is an average fill of 1.1-foot in depth with a slope of 8%.  The Administrator would like to know how the total number for the Riverfront disturbance was calculated. There have been two other filings on the site, neither of which had Riverfront on them. Both of the applications were made after the Rivers Protection Act. There is Riverfront present but it wasn’t taken into account.  Ms. McMenemy states they have 3,275 sf (8%) of proposed work. Once the portion of the existing building in the Riverfront area was added the number went up to approximately 4,500 sf (10%). She spoke with the Administrator for clarification that work was done in the same area as the work they proposed. The prior work done was not permitted as Riverfront area. The building can be added a second time keeping it under the 5,000 sf., the grassed slope area was not calculated twice.  The Administrator states she is ok with memorializing it as 4,500 sf of Riverfront alteration. This will help to define the project in case anyone proposes anything further.  The Commission discusses the Riverfront area.  Mr. Lynch would like to know if the site is in the floodplain.  Ms. McMenemy states the site is next to the floodplain but the floodplain is not on the property to be developed. She indicates the area on the plan where the trees are proposed to be cut. The stormwater was submitted as both redevelopment and new development due to the cutting of the trees. 4  The Commission discusses the play area and structure and request more detail including surface treatment and dimensions of the play area.  Ms. McMenemy states she will address issues with the civil engineer and provide the information to the Commission. The proposal will need to continue due to the lack of a DEP file number.  The Administrator states she’s more concerned with the surface area required vs. the equipment. She states they can condition the structure not to be impervious.  A motion to continue until March 27, 2019 is made by Mr. McDonough, seconded by Mr. Lynch.  Vote 6-0 Unanimous. Documents  NOI Filing, dated February 28, 2019 prepared by Hancock Associates  Proof of Mailing to Natural Heritage & Endangered Species Program  Site Plan, dated January 22, 2019 prepared by Hancock Associates  Letter from NHESP dated March 13, 2019  Cut & Fill Plan  Site Photographs General Business 242-1382, COC Request, 1820 Turnpike Street (GFM General Contracting)  The applicant requested a continuance.  A motion to continue until March 27, 2019 is made by Mr. Saal, seconded by Mrs. Feltovic.  Vote 6-0 Unanimous. 242-1655, COC Request, Wellington Way (Messina Development)  The applicant requested a continuance via email.  A motion to continue until March 27, 2019 is made by Mrs. Feltovic, seconded by Mr. Saal.  Vote 6-0 Unanimous. Documents  Email from TJ@csi-engr.com requesting a continuance until 3/27/2019 242-1366, COC Request, 326 Campbell Road (Swiniarski)  The Administrator states this is a request for COC for an invalid OOC for work never done.  Mr. Manzi would like to know who is submitting a request for the COC.  The Administrator states the current owner is submitting the request.  Mr. Lynch would like to know if anything on the site was disturbed.  The Administrator states the site was never touched.  A motion to issue a Full and Final Certificate of Compliance is made by Mr. McDonough, seconded by Mrs. Feltovic.  Vote 6-0 Unanimous. Documents  COC Request Letter, dated February 26, 2019 prepared by Andover Consultants Inc.  WPA Form 8A-Request for Certificate of Compliance 242-1671, OOC Extension Request, 2302 Turnpike Street (Earthworks, Inc.) (Murphy)  The Administrator states the applicant has requested a one year extension. She states the building is nearly done and they are looking for a certificate of occupancy. The stormwater management ponds have collected some sediment and will require cleaning before they can file for a COC.  The Commission discusses the stormwater basins.  Mr. Lynch would like to know if the sediment is collecting in the floor base or in ponds. He questions if the O&M plan should be modified. 5  The Administrator states the sediment is collecting in the ponds. They were cleaned out once during construction but will need to be cleaned again before requesting a COC. The silt is likely from construction.  The Commission discusses the stormwater system and O&M plan.  Mr. Manzi would like to know if the O&M requires reporting, if so has the Administrator been receiving the reports.  The Administrator states they are aware of the stormwater management system issues due to the monitoring on site.  A motion to grant a one year extension subject to a review of the existing O&M plan potentially requiring it to be updated is made by Mr. Lynch, seconded by Mrs. Feltovic.  Vote 6-0 Unanimous. Documents  Extension Request Letter, dated February 22, 2019 prepared by Williams Sparages, LLC 242-1676, OOC Extension Request, Hillside Road Lot 1 (Winslow Drive Realty Group) (Busby)  The Administrator states the applicant has requested a one year extension. There were two lots, this lot is the farthest from the wetland and has yet to be developed. The site is in compliance and the wall has been built across both sites.  A motion to grant a one year extension is made by Mr. Lynch, seconded by Mr. McDonough.  Vote 6-0 Unanimous. Documents  Extension Request Letter, dated March 7, 2019 prepared by The Winslow Drive Realty Group, LLC 242-1672, Request for Partial Bond Release (Lawrence Municipal Airport)  The applicant requested a continuance via email.  A motion to continue until March 27, 2019 is made by Mrs. Feltovic, seconded by Mr. McDonough.  Vote 6-0 Unanimous. Documents  Email from randy.christensen@stantec.com requesting a continuance until 3/27/2019 Decision 242-1750, 1 Oak Avenue (Held)  The Administrator reviews the project and the drafted Order of Conditions with the Commission.  The Commission discusses Condition #55, which obligates the applicant/owner to maintain the culvert. The wording will be amended to say, the applicant/owner is allowed to maintain the culvert without further permitting.  The Commission discusses Condition #73 which requires an As-Built with grades on 1 Oak Avenue.  A motion to approve as amended is made by Mr. Lynch, seconded by Mrs. Feltovic.  Vote 6-0 Unanimous. Adjournment  A motion to adjourn at 8:12 p.m. is made by Mr. Lynch, seconded by Mrs. Feltovic.  Vote 6-0 Unanimous.