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HomeMy WebLinkAbout03 27 19 NACC Meeting Minutes Page 1 of 5 North Andover Conservation Commission Meeting Minutes March 27, 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: 7:05 pm Quorum Present. Pledge of Allegiance Acceptance of Minutes  A motion to accept the minutes of the March 13, 2019 as reviewed and amended is made by Mrs. Feltovic, seconded by Mr. Lynch.  Vote 6-0 Unanimous. Small Project NACC #229, 20-22 Commonwealth Avenue (Cincotta)  The Administrator states a site visit was done and the property is in Riverfront. The proposal is to rebuild the front deck in kind and replace the existing 6’x12’ back deck with a 6’x10’ deck. The proposal also includes the removal of the existing hot top, regrading and repaving of the driveway within the existing footprint. The back deck and driveway are 64-feet and 57-feet from the top of bank associated with Shawsheen River. The deck work is more than 50-feet from the mean high-water line. There is a dirt area outback that is currently being used for parking. The Administrator suggests the installation of a silt sock from the end of the house to the end of the driveway.  Mr. Lynch would like to know if they have considered paving the dirt parking area.  James Testa, Testa Building & Remodeling states the applicant is looking to repave the existing paved area and revegetate the dirt parking area.  The Administrator would like to know if they have enough parking if the dirt parking area is revegetated.  Mr. Testa states the home is being renovated to included three single bedroom units, they only expect three cars.  The Commission discusses graveling vs. revegetation of the dirt parking area.  Mr. Saal states the current driveway does not have a sufficient parking area to handle the amount of vehicles for the three units.  The Administrator states repaving is exempt under the Wetlands Protection Act, if pavement is added it will no longer be exempt.  Mr. McDonough suggests a gravel extension of the driveway that is edged with material to contain the gravel.  Mr. Testa states they are open to the idea of adding gravel material to extend the parking area.  A motion to accept this as a Small Project L is made by Mr. McDonough, seconded by Mrs. Feltovic.  Vote 6-0 Unanimous.  A motion to approve the Small Project as proposed (gravel driveway extension w/edge suitable for containing the gravel, installation of erosion control, pre and post inspections) is made by Mr. McDonough, seconded by Mr. Lynch.  Vote 6-0 Unanimous. Documents  Small Project Application and Supporting Documents, dated March 21, 2019  Aerial Imagery 03 27 19 NACC Meeting Minutes Page 2 of 5 Notice of Intent (NOI) 242-1746, 495 Main Street, Recreation Complex (Town of North Andover)  The applicant requested a continuance via email.  A motion to continue until April 10, 2019 is made by Mrs. Feltovic, seconded by Mr. Lynch.  Vote 6-0 Unanimous. Documents  Email from jmurray@wdgrp.com requesting a continuance until 4/10/2019 242-1745, 350 Winthrop Avenue (RDM, Inc.)  The applicant requested a continuance via email.  A motion to continue until April 10, 2019 is made by Mrs. Feltovic, seconded by Mr. Saal.  Vote 6-0 Unanimous. Documents  Email from PEllison@theengineeringcorp.com requesting a continuance until 4/10/2019 242-1751, 2051 Salem Street (Richards)  The Administrator states a revised plan showing the drainage for the driveway swale and soil stockpile has been submitted.  Ben Osgood Jr., Ranger Engineering & Design LLC presents on behalf of the applicant. The swale runs the first 70-feet of the driveway in a cut condition with a bank on the left side. The cut condition transitions into a fill condition that pitches and drains off the side of the driveway. The driveway was designed with a rip rap swale given the steepness of the driveway. There will be a small swale along Salem Street to convey water into the drainage ditch.  The Administrator states the plan has been reviewed by the Town Engineer. He requested a note with an arrow pointing to the driveway stating there will be 2% slope toward the swale.  Mr. Lynch states after reviewing the plan and email from the Town Engineers the grades on the plan indicate the driveway slopes away from the swale vs. into it. He does not feel a note on the current plan will make clear what is expected and would like a revised plan.  The Administrator states the Town Engineer would like a 2% slope the entire length of the driveway toward the swale.  Mr. Osgood states the slope of the driveway is approximately 8-9% at the beginning and then flattens out as you move up the driveway. He states a note can be added stating a 2% slope and a detail on the second page of the plan showing the 2% cross slope toward the swale.  The Commission discusses the slope of the driveway.  The Administrator states the public hearing will remain open until a revised plan is received.  Mr. Osgood requests a continuance until April 10, 2019.  A motion to continue until April 10, 2019 is made by Mr. McDonough, seconded by Mr. Lynch.  Vote 6-0 Unanimous. Documents  Plan for Sewage Disposal System, dated February 6, 2019, revised March 25, 2019 prepared by Benjamin C. Osgood PE 242-1752, 1270 Salem Turnpike (Sampson)  The Administrator states the plan has been revised to show phase 1 and phase 2 areas.  Ann McMenemy, Hancock Associates presents on behalf of the applicant. She states phase 2 will occur between October 15th and March 15th based on NHESP requirements. A temporary fence will be placed around area 2, the erosion controls along areas 1 & 2 were revised. The applicant has not determined the type of play structure to be proposed. They have requested a special condition for the playground information to be provided prior to construction for approval. They understand that no impervious play structures will be 03 27 19 NACC Meeting Minutes Page 3 of 5 permitted in the 50-foot No-Build Zone. The current proposal is for a grass surface in the play area. The Riverfront area has been shown on the revised plan per the Commission’s request.  Mr. Lynch states if the play structure is movable it would not be considered a structure.  Ms. McMenemy states the applicant would like to keep the play area as minimal as possible.  The Commission discusses the waiver requests for the No-Disturbance and No-Build Zones.  The Administrator states they will require O&M information for the site. The water level and wetland line on the site has changed from when the building was originally constructed. The cleared area was originally outside the 25-foot No-Disturbance Zone, with the increased water level it is now partially in the No- Disturbance Zone.  Ms. McMenemy states there is a small area not filled and outside the 25-foot No-Disturbance Zone.  Mr. Manzi would like to know if the applicant has filed an application with the town or the state for a playground. He questions if the applicant knows the requirements for a playground surface.  Ms. McMenemy states they are conducting research on the playground surface which is the reason they have requested a special condition.  Mr. McDonough states the applicant will need to come before the Commission with any modifications to the plan.  Mr. Saal states the play area will be approved as a grassed area with nothing built.  A motion to approve the waiver for work the No-Disturbance Zone is made by Mrs. Feltovic, seconded by Mr. Lynch.  Vote 6-0 Unanimous.  A motion to close and issue in 21 days is made by Mrs. Feltovic, seconded by Mr. McDonough.  Vote 6-0 Unanimous. Documents  Phase 1 & 2 Colored Plan, dated January 22, 2019, revised March 18, 2019 prepared by Hancock Associates General Business 242-1382, COC Request, 1820 Turnpike Street (GFM General Contracting)  The Administrator states the fencing requested by the Commission has been installed. The stormwater structures have been cleaned and overflows not shown on the as-built have been added to the plans. The no- snow stockpiling signs and wetland markers have been installed. The site has been vegetated and active for some time. The planting areas were reviewed and there are a lot of native plantings. The only area of concern was a small amount of knotweed. The Administrator states she would like to see the knotweed removed come spring. An affidavit was signed by the new owners to assume responsibility for the O&M.  The Commission discusses the eradication of knotweed.  A motion to issue full and final Certificate of Compliance and hold until knotweed eradication is made by Mr. McDonough, seconded by Mrs. Feltovic.  Vote 6-0 Unanimous. Documents  As-Built Plan, dated September 13, 2018, revised March 25, 2019 prepared by Eastern Land Survey Associates, Inc.  Letter, dated September 17, 2018 prepared by Eastern Land Survey Associates, Inc.  New Owner Appendix Form A and Statement, dated March 22, 2019  Email from BVaughan@smolakvaughan.com, dated March 27, 2019 242-1655, COC Request, Wellington Way (Messina Development)  The applicant requested a continuance via email.  A motion to continue until April 10, 2019 is made by Mrs. Feltovic, seconded by Mr. McDonough.  Vote 6-0 Unanimous. Documents  Email from messinanewhomes@gmail.com requesting a continuance until 4/10/2019 03 27 19 NACC Meeting Minutes Page 4 of 5 242-1672, Request for Partial Bond Release (Lawrence Municipal Airport)  The applicant requested a continuance via email.  A motion to continue until April 10, 2019 is made by Mrs. Feltovic, seconded by Mr. McDonough.  Vote 6-0 Unanimous. Documents  Email from David.Rich@stantec.com requesting a continuance until 4/10/2019 Warrant Article Discussion & Recommendation  The Administrator states the draft warrant article proposes dividing Stevens Estate into two pieces, Stevens Estate and Osgood Hill. The plan before the Commission is a draft copy, a revised plan will be presented at Town Meeting. The driveway, buildings, tower and easement will be separate from the majority of the land that would be transferred to the Care Custody Control of the North Andover Conservation Commission. The recommendation of the Commission has been requested.  The Commission discusses the warrant article and how the property was acquired by the town.  Mr. McDonough confirms the area outside of the red is the portion to be placed in the CCC of the NACC. He would like to know why the town is looking to transfer the land to the NACC.  The Administrator states the town is debating the future use of the Stevens Estate. The land on the other side of the hill is Conservation restricted.  A motion to support the project and authorize the Chairman to speak on behalf of the North Andover Conservation Commission at Town Meeting is made by Mr. Lynch, seconded by Mrs. Feltovic.  Vote 6-0 Unanimous. Documents  Draft Warrant Article  Stevens Estate Map, dated August 16, 2016 prepared by TEC, Inc.  Email from segan@northandoverma.gov, dated March 25, 2019 242-1686, 1210 Osgood Street, Discussion of Site Visit (Administrator error should read DEP #242-1692)  Brenden Gilmore and Dan Brenner, The NRP Group LLC are present for questions.  The Administrator states the site monitors noticed sedimentation and drainage on the down gradient side of the erosion controls leaking into the wetland area. The issue was noticed this winter, the sediment stained leaves were cleaned up from the wetland area immediately. After the snow melted this winter it was noticed water was still leaching out in the area. The water does not appear to be coming out from under the wall or a pipe, it seems to be coming from the ground in one spot. The NRP Group was asked to place erosion controls to disperse the water. The water has started to channelize down through the site to the airport property. There is heavy sediment and discoloration in the area. The sediment stream meets up with another stream coming from the Casa Blanca area that shows no discoloration or sediment. The sediment/material contains some sand content but it’s not sure what or where it’s coming from. The site engineer was unable to attend the meeting due to surgery he had this week. The project managers are in attendance and take the matter seriously. They have responded appropriately to the recommendations of the site monitor.  Mr. Lynch states he believes this issue is due to the property having a large amount of fill and feels it is necessary to have a thorough Geotechnical review done.  The Commission discusses the site conditions, Geotechnical analysis of the site and soil conditions.  Mr. Saal expresses his concerns that water is leaving the site and potentially causing issues for abutters.  Mr. Lynch would like to know if the erosion controls have been effective.  The Administrator states the erosion controls were installed after the site monitor followed the water downstream through the airport property. They are unsure how long this has been happening due to the snow cover. The water continues to migrate downstream with the erosion controls in place. 03 27 19 NACC Meeting Minutes Page 5 of 5  Mr. Lynch suggests placing erosion controls and flock blocks to control the fluth and remove the turbidity at the end of the source. He would like to know if the runoff is causing any erosion.  The Administrator states the water doesn't come out in a channelized fashion. She expresses her concerns that the water has already migrated onto the airport property and into the airport stream.  Mr. Gilmore states they have taken several measures over the last 36-48 hours to try and prevent any further migration.  Mr. Manzi states the stream needs to be contained, stabilized, and analyzed for quality and source.  The Commission discusses a third party peer review.  Mr. Brenner states they have engaged a Geotechnical Engineer from Sanborn. He states the engineer was unable to attend the meeting due to a prior engagement.  Mr. Manzi states he would like the Administrator to do some research on Geotechnical Engineering Firms and come up with a list of candidates for the Commission.  The Administrator feels it would be best to allow the applicant to investigate and provide a report prior to the Commission requesting a peer review.  The Commission discusses the language and details of the Enforcement Order.  The EO will require the monitor to be on-site daily and provide reports to the Commission until further notice. The applicant must present a plan to control and contain further discharge by April 3, 2019. A Geotechnical engineer is to analyze the water and sediment and provide a report to be presented at the April 10, 2019 meeting. The applicant must notify the airport of the violation by March 29, 2019. Clean up restoration must be done under dry conditions, no later than September 1, 2019. A restoration plan shall be submitted to the North Andover Conservation Commission by June 30, 2019.  Mr. Gilmore updates the Commission on the previous agreement made at the November 28, 2018 meeting. He states they have removed 1,500 cubic yards of material from the designated areas. This is approximately ⅓ of what needs to be removed and is more than what was agreed upon. They will continue the removal of the material to meet the Commission’s intentions of what was agreed to.  A motion is made to accept the Enforcement Order as drafted is made by Mr. Lynch, seconded by Mrs. Feltovic  Vote 6-0 Unanimous. Documents  Photos, dated March 25, 2019 & March 27, 2019 Adjournment  A motion to adjourn at 8:38 pm is made by Mr. McDonough, seconded by Mrs. Feltovic.  Vote 6-0 Unanimous. 03 27 19 NACC Meeting Minutes