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HomeMy WebLinkAbout2019-06-26 Conservation Commission Minutes 06 26 19 NACC Meeting Minutes Page 1 of 8 North Andover Conservation Commission Meeting Minutes June 26, 2019 Members Present: Louis A Napoli, Chairman, Albert P. Manzi, Jr., Vice Chairman, Joseph W. Lynch, Deborah A. Feltovic and Douglas W. Saal Members Absent: Sean F. McDonough and John T. Mabon Staff Members Present: Amy Maxner, Conservation Administrator Meeting came to Order at: 7:05 p.m. Quorum Present. Pledge of Allegiance Acceptance of Minutes  The minutes for the June 12, 2019 meeting are not ready for approval. Modification Request 242-1747, 42 Vest Way (DiFonso/Wieners)  The Administrator states an OOC was issued for an addition at the rear of the house. The project was partially in the NDZ and NBZ. The applicant is requesting relief from the mitigation planting required as part of the waiver request granted by the NACC. A site inspection was performed. The wetland side of the markers is filling in with jewelweed. The area between WFA3-11 is proposed area for the plantings.  Mrs. DiFonso would like to know if the area can be grandfathered. The area is undisturbed and is intact.  The Commission discusses the project.  Mrs. DiFonso states the mitigation is creating a financial hardship.  Mr. Manzi states the planting mitigation was agreed to when the permit was before the NACC.  Mrs. Feltovic gives a brief summary of the plants required for the mitigation planting.  The Commission discusses the request for relief from mitigation plantings.  The Administrator states the applicant would like to continue mowing and cut back some shrubs located at the southwest corner of the yard that is within the 25-foot NDZ.  The Commission discusses the request and agrees this activity will not be allowed as it is in the 25-NDZ.  The Administrator states some of the plantings required can be planted in this area along with an additional wetland marker. A second part of the request is to decrease the frequency of erosion control inspections from weekly to once a month.  The Commission discusses the request to reduce inspections  A motion to deny relief from mitigation plantings but allow location of plantings to be reconfigured and require additional marker and post to be installed at the southwest corner of the yard is made by Mr. Lynch, seconded by Mrs. Feltovic.  Vote 5-0  A motion to approve decrease frequency of Environmental Monitoring to 1x a month is made by Mr. Lynch, seconded by Mrs. Feltovic.  Vote 5-0 Documents  Modification Request Letter, dated June 17, 2019  Site Photos, dated June 19, 2019  Plan of Land Proposed Addition, dated February 1, 2019, prepared by Vineyard Engineering & Environmental Services Inc. 06 26 19 NACC Meeting Minutes Page 2 of 8 Certificate of Compliance (COC) 242-1428, Turnpike Street, Lot 4N-A, (One Hundred Fourteen Trust)  Mr. Napoli states based on the history of the project he feels a third party review is in order.  The Commission discusses the request.  Mr. Lynch states there are many items that need to be verified. This will ensure they were built accordingly and are functioning. This will also help them to determine if a peer review will be required.  Patrick Garner, Patrick C. Garner Co., Inc. states the only outstanding issue is the stormwater. The stormwater was inspected by a PE throughout the installation process. The As-Built shows all the stormwater structures are within a couple inches of the plan. He goes on to describe the intention of the roof infiltrators, which are functioning. There is a buckthorn plant that needs to be removed and a no-salt sign to be placed.  Mr. Lynch would like to know if all the Homeowners Association documentation has been submitted.  Mr. Gardner states the documentation has been submitted.  The Administrator states she has not seen any of the documentation.  Pribhu Hingorani, Property Owner presents an email response to the Administrators initial questions to Patrick Gardner.  The Administrator states there are several post construction conditions, which have no documentation. She recommended the applicant attend this meeting to find out if the NACC will require a peer review. Post construction conditions still need to be addressed and documentation provided.  Mr. Hingorani states he will provide the needed documents to the Commission.  Mr. Manzi states the project is complicated. He states they will allow the Administrator to let them know if she will require a per reviewer to assist her.  The Commission discusses hiring the previous Administrator as the peer reviewer for the project.  Mr. Gardner states they are amenable to the suggestion. He would like a quote for the peer review services. The Administrator will make contact with her predecessor on peer review services.  A motion to continue until July 10, 2019 is made by Mr. Saal, seconded by Mr. Lynch.  Vote 5-0 Unanimous. Documents  COC Request Letter, dated May 28, 2019, prepared by Patrick C. Garner Co., Inc.  WPA Form 8A - Request for Certificate of Compliance  Drainage Quality Letter, dated May 8, 2019, prepared by LALA Associates Engineers LLC  Appendix A - Affidavit, dated September 6, 2013  As-Built Plan, dated April 12, 2019, prepared by Patrick C. Garner Co., Inc.  Wetland Restoration Report, Area A dated May 29, 2019, prepared by Patrick C. Garner Co., Inc.  Wetland Restoration Report, Area B & C dated May 29, 2019, prepared by Patrick C. Garner Co., Inc. Request for Determination of Applicability (RDA) 137 Forest Street (Moore)  The Administrator states a site walk with the engineer was completed. No changes were requested to the wetland flags. The new leaching field is outside the 100-foot Buffer Zone. The equipment access, new D- Box and associated grading are within the outer reaches of the Buffer Zone. There is no tree removal required and the existing system will be abandoned in place. She would like the erosion controls extended in front of the shed.  Jack Sullivan, Sullivan Engineering Group, LLC presents on behalf of the applicant. He states this is a pump system and the leach field has failed. The septic tank and pump will remain, the septic tank is functioning. They will reuse the existing force main and a new leach field and D-Box will be installed. The D-Box and some transitional grading are inside the Buffer Zone. The Board of Health is making their second review of the plans. The construction access is off an existing paved driveway and the erosion 06 26 19 NACC Meeting Minutes Page 3 of 8 control will run the full length of the construction entrance. There will be no soil stockpiling. The erosion controls will be extended per the Administrators request.  The Administrator recommends a stockpile area near the driveway if needed.  The Commission discusses the construction access.  A motion to issue a Negative Determination #3 as amended (no stockpiling materials within jurisdiction and pre and post inspections) is made by Mrs. Feltovic, seconded by Mr. Saal.  Vote 5-0 Documents  Site Photos, dated June 20, 2019  RDA Additional Information Letter, dated June 17, 2019, prepared by Sullivan Engineering Group, LLC  Septic Upgrade Plan, sheet 1 of 2, dated May 10, 2019, revised June 6, 2019, prepared by Sullivan Engineering Group, LLC  Septic Upgrade Plan, sheet 2 of 2, dated May 10, 2019, revised June 6, 2019, prepared by Sullivan Engineering Group, LLC  Application Checklist Request for Determination, dated June 11, 2019  WPA Form 1 - Request for Determination of Applicability w/Supporting Materials, dated June 7, 2019 707 Turnpike Street (707 Turnpike LLC)  The Administrator states the RDA request is for the installation of three new gravel parking spaces. The spaces will be located to the North of the building within the lawn area off the existing driveway. The spaces are partially within the 50-NBZ and will remain pervious. Parking spaces 4-12 are within the existing gravel driveway. These parking spaces will need to be marked somehow to indicate they are parking spots.  The Commission discusses the marking of the parking spaces.  The Administrator recommends marking the spaces with posts and signs.  Billy Sweet the property owner is present for questions.  Mr. Lynch recalls a prior OOC being restrictive of what could be done as a perpetual condition.  Mr. Napoli states his concerns that the gravel will be pushed around. He would like to know if there is a condition allowing the driveway to be fixed.  The Commission discusses the request.  Mr. Saal would like to know if the building is currently being used.  Mr. Sweet states the building is vacant at this time. They are hoping to get there Certificate of Occupancy as quickly as possible. He states the parking spaces will be used by his employees.  Mr. Lynch would like to know if the Inspector of Buildings requires a certain number of parking spaces.  Mr. Sweet confirms this is the reason for the request. They are required to have 12 parking spaces. He states the Fire Chief requested ample space for emergency vehicles, which has prompted the request.  Mr. Napoli states the Administrator needs to research any outstanding OOC for this property prior to a decision.  A motion to continue until July 10, 2019 is made by Mrs. Feltovic, seconded by Mr. Lynch.  Vote 5-0 Unanimous. Documents  Application Checklist Request for Determination, dated June 12, 2019  WPA Form 1 - Request for Determination of Applicability w/Supporting Materials, dated June 12, 2019 Notice of Intent (NOI) 242-1745, 350 Winthrop Avenue (RDM, Inc.)  The applicant requested a continuance via email. 06 26 19 NACC Meeting Minutes Page 4 of 8  The Commission directs the Administrator to make sure the project engineer understands the Commissions concerns with the project.  A motion to continue until July 10, 2019 is made by Mr. Lynch, seconded by Mrs. Feltovic.  Vote 5-0 Unanimous. Documents  Email from PEllison@theengineeringcorp.com requesting a continuance until 7/10/19 242-1755, Rea Street, Lots 4-7 (RDM Rea Street, LLC)  Ben Osgood Jr., Ranger Engineering & Design, LLC presents on behalf of the applicant. Revised plans have been submitted with the changes requested by the NACC. The changes include a/c units, 100-foot inner riparian zone and native landscaping. No bulkheads are proposed.  The Administrator would like to know if the squares behind the homes on the plans are decks.  Mr. Osgood states the lighter colored square are the decks and the darker squares are the a/c units. No landscaping proposed for the backyard.  A motion to close and issue in 21 days is made by Mr. Saal, seconded by Mrs. Feltovic.  Vote 5-0 Unanimous. Documents  Site Plan, Lots 4-7 Rea Street, Sheet 1-3, dated May 17, 2019, revised June 14, 2019, prepared by Ranger Engineering & Design, LLC  Site Plan, Lots 4-7 Rea Street, Sheet 2-3, dated May 17, 2019, revised June 14, 2019, prepared by Ranger Engineering & Design, LLC  Site Plan, Lots 4-7 Rea Street, Sheet 3-3, dated May 17, 2019, revised June 14, 2019, prepared by Ranger Engineering & Design, LLC 242-1756, 78 Vest Way (Perry)  Maureen Herald, Norse Environmental presents on behalf of the applicant. There is a BVW located westerly off the property. The wetland boundary is well defined and follows a distinct topographic break in slope. The proposal is for the installation of an inground swimming pool with patio, landscaping, associated grading and utilities with 100-foot Buffer Zone of BVW. The plans include the construction access and stockpile location. They have proposed an addition between the deck and screened porch. The addition will be close to but outside the 100-foot Buffer Zone. The addition will be a full basement with a kitchen extension. When the addition is constructed, the deck will be removed.  Mr. Lynch states the addition will be outside the 100-foot however the deck demolition is in jurisdiction. He would like to know if a new deck would be built in place of the old deck.  Ms. Herald states the homeowner does not plan to replace the deck once it has been demolished.  Mr. Lynch requested the plans be modified to state “existing deck to be razed”.  The Administrator would like to know if the patio will be extended to connect to the house and walkway.  Ms. Herald states the limit of the patio is shown on the plan. The screen porch has access outside to the patio area. The plan can be revised to show a connection to the patio.  The Commission discusses the plans.  Mr. Lynch states no pool filter area or type of filter is shown on the plan.  Ms. Herald states the filter will be a cartridge system and pool equipment will be outside the 100-foot Buffer Zone.  Mr. Saal states there is a fence that encroaches on town owned land and the property of 66 Vest Way.  The Commission discusses the location of the fence. It is believed the land is open space under the Care & Custody of the NACC.  Ms. Herald states the fence can be relocated and the plan revised.  Mr. Napoli states the fence should be relocated off the abutting properties.  The Administrator states she noticed some yard waste dumping and debris on town property, which needs to be removed. 06 26 19 NACC Meeting Minutes Page 5 of 8  The Commission discusses dumping and wetland markers.  A motion to continue until July 10, 2019 is made by Mrs. Feltovic, seconded by Mr. Saal.  Vote 5-0 Unanimous. Documents  Site Plan Proposed Pool, dated June 11, 2019, prepared by LJR Engineering, Inc.  Notice of Intent Application w/Supporting Materials, dated June 2019 242-1759, 338 Blue Ridge Road (Verminski)  Maureen Herald, Norse Environmental presents the proposal to construct an inground swimming pool, patio, hot tub, fire pit, pool house, addition, shed, extend the driveway, fence, replace existing deck, replace portion of patio, remove trees, associated grading and utilities within 100-foot Buffer Zone of a BVW and 200-foot Riverfront Area. Some changes to the wetland flags were made during a site visit with the Administrator. The applicant is proposing to alter 328 s.f. of the Riverfront Area. They propose to offset the alteration with the planting of three/shrubs. The plan will be revised to show a stockpile area and repaving of the driveway. The construction access will be through the existing driveway and behind the dwelling. Tree removal and grading is proposed behind the pool.  Mr. Lynch would like to know if they have considered a retaining wall behind the pool area.  Michelle Verminski, the homeowner states a retaining wall should have been included in the plan.  The Commission discusses the stockpile location.  The Administrator would like to know if a retaining wall is proposed behind the shed and extended driveway.  Ms. Herald states they are proposing grading within this area. The area behind the shed is located within the 200-foot Riverfront Area.  Mr. Lynch feels there should be some consideration for infiltrative BMP devices to be incorporated.  Mr. Napoli would like to know if the shed is in the 100-foot Buffer Zone.  Ms. Herald states the shed is within the 100-foot Buffer Zone, outside the 200-foot Riverfront Area, and outside the 50-foot NBZ.  The Administrator would like to know if the NDZ and NBZ were adjusted after the wetland flags were adjusted.  Ms. Herald states the plan does not reflect these changes. The plans will be revised for the next hearing.  The Commission discusses the extension of the driveway and mitigation of the Riverfront Area.  Mr. Napoli would like to see how far the retaining wall will go on the next set of plans along with the limit of grading and fill.  Mr. Lynch states that connecting WFA4&7 will change the 50-foot NBZ.  Mr. Manzi would like to know if the Riverfront disturbance area will be increased. He states Riverfront mitigation is typically 2-1.  Ms. Herald states the Riverfront area will not increase. There is additional area East of this spot that mitigation could be provided.  Mr. Manzi requests the additional mitigation area be shown on the plans along with the square footage.  Mrs. Feltovic requests the construction access and stockpile location be noted on the plans. Dumping has also been noticed near WFA13&14.  Ms. Verminksi states she will have the landscaper remove the material.  The Commission discusses options for the proposed retaining wall.  Mrs. Feltovic states the wetland markers should be on either the fence or the trees.  A motion to continue until July 10, 2019 is made by Mrs. Feltovic, seconded by Mr. Lynch.  Vote 5-0 Unanimous. Documents  Plan of Land, dated June 4, 2019, revised June 13, 2019, prepared by Merrimack Engineering Services  Notice of Intent Application w/Supporting Materials, dated June 2019 06 26 19 NACC Meeting Minutes Page 6 of 8 242-1757, 1650 Turnpike Street (1650 Turnpike Street, LLC) & 242-1758, 1620 Turnpike Street (GP & C, Inc.)  Greg Hochmuth, Williams & Sparages, LLC presents the proposal for 1620 & 1650 Turnpike Street. He states the both septic systems are showing signs of failure. They propose to tie in to the municipal sewer via pressurized force main. A pump chamber will be installed outside of the existing buildings, which is outside the 100-Buffer Zone. In order to reduce impact on the Buffer Zone both sewer lines are proposed within the same trench. All work associated with the proposed project is outside the 25-foot NDZ. Portions of the project are located within the 50-foot NBZ. Erosion controls are proposed. Following the installation, all areas will be loamed and seeded. Some small trees will need to be removed to accommodate the installation of the trench. Some of the larger trees may be avoided if the NACC will allow leeway for rerouting the trench at the pre-construction meeting. It is important to keep the run as straight as possible. The project is not within a mapped estimated priority habitat area.  Mr. Lynch would like to know how far the force main is to the resource area and if the land is relatively flat.  Mr. Hochmuth states the area is flat and then drops off to the wetland. The slope is not natural, there are existing utilities underground. The closest point of the wetland to the force main is approximately 30-feet. The trench will be above the water table, approximately 4-feet deep. While reviewing the wetland line with the Administrator a dozen or so car tires were noticed. These can be removed by hand once the vegetation is down making them easier to see.  The Administrator would like to know if the large trees are located in the middle of the easement. Mr. Hochmuth states the force mains are closest to the building side of the utility easement. This keeps them from being in the 25-foot NDZ for a little bit of the work.  The Commission discusses the sewer line and removal of tree(s).  Mr. Hochmuth states the trench line will be staked out prior to the pre-construction meeting.  No abutters are present.  A motion to close and issue in 21 days is made by Mr. Lynch, seconded by Mrs. Feltovic.  Vote 5-0 Unanimous. Documents  Notice of Intent Application for 1650 Turnpike Street w/Supporting Materials, dated June 12, 2019, prepared by Williams & Sparages, LLC  Notice of Intent Application for 1620 Turnpike Street w/Supporting Materials, dated June 12, 2019, prepared by Williams & Sparages, LLC  Pump Station Site Plan, Sheet 1 of 4, dated May 21, 2019, prepared by Williams & Sparages, LLC  Pump Station Site Plan, Sheet 2 of 4, dated May 21, 2019, prepared by Williams & Sparages, LLC  Pump Station Site Plan, Sheet 3 of 4, dated May 21, 2019, prepared by Williams & Sparages, LLC  Pump Station Site Plan, Sheet 4 of 4, dated May 21, 2019, prepared by Williams & Sparages, LLC Enforcement Order/Violation 350 Forest Street (Logan)  The Administrator gives some background information on the Enforcement Order. A site inspection was conducted and the water levels are still high. They will need to wait for drier conditions to check the status of the dumping and ability to remove it. She plans to revisit the site in mid-July.  A motion to extend the Enforcement Order until September 11, 2019 is made by Mr. Manzi, seconded by Mrs. Feltovic  Vote 5-0 Unanimous. Documents  Site Photos, dated June 25, 2019 06 26 19 NACC Meeting Minutes Page 7 of 8 422 Waverly Road (Jensen) (Logue)  The Administrator gives some background information on the Enforcement Order. A site inspection was conducted and the shrubs required in the EO have been installed. The homeowner has yet to install the post and wetland markers required. Some dumping off property was noticed.  Mr. Manzi states the dumping is most likely from the abutter, not Ms. Jensen.  A motion to extend the Enforcement Order until August 1, 2019 is made by Mr. Manzi, seconded by Mrs. Feltovic  Vote 5-0 Unanimous. Documents  Site Photos, dated June 26, 2019 242-1720, 33 Regency Place (Maroun)  Maureen Herald, Norse Environmental present on behalf of the homeowner. She gives some background on the filing. While on a site inspection, an unpermitted half basketball court was noticed and reported to the Field Inspector.  Chris and Jodi Maroun, the homeowners are present.  Ms. Herald provided the previous NOI plans to the Commission.  The Commission discusses how to proceed with the violation.  The Administrator states they will require revised plans showing the basketball court. She would like to know if the Commission will require a perimeter stormwater collection trench for the new impervious area.  Mr. Lynch states the water will need to be collected to a drip edge and infiltrating system.  The Commission requests an after-the-fact Modification to the OOC be filed. The request should be submitted with triple the filing fees, revised plans and address the runoff.  The Administrator states that no work should be done in the unpermitted area until a plan is in place.  Ms. Herald would like to know if the area can be loomed and seeded.  Mr. Lynch states this was part of the original plan and will help to stabilize the area.  A motion to continue until July 10, 2019 is made by Mr. Manzi, seconded by Mrs. Feltovic.  Vote 5-0 Unanimous. Documents  Violation Letter, dated June 20, 2019  WPA Form 9 - Enforcement Order 242-1692, 1210 Osgood Street (NRP Group, LLC.)  The applicant requested a continuance via email.  A motion to continue until July 10, 2019 is made by Mr. Saal, seconded by Mrs. Feltovic.  Vote 4-0 Unanimous, Recused: Mr. Napoli. Documents  Email from bGilmore@nrpgroup.com requesting a continuance until 7/10/19 General/New/Old Business 660 Great Pond Road (Rolling Ridge) - Staff Update  The Administrator states there has been unauthorized tree cutting within the Buffer Zone. The logs and other debris were stockpiled within jurisdiction. She suggests addressing the issue through an Enforcement Order. A newly blazed trail not permitted was also noticed at the time of the visit within the BVW associated with Lake Cochichewick.  Mrs. Feltovic states the issues were discovered during a CPC site visit.  Mr. Manzi states a cease and desist order needs to be issued. 06 26 19 NACC Meeting Minutes Page 8 of 8  The Administrator states they should be required to stabilize the area and prepare a restoration plan for any area within jurisdiction.  Mr. Manzi states he would like a wetland scientist or monitor to report to the NACC.  The Commission discusses permitting process for the steep area of the existing trail.  Mrs. Feltovic would like a re delineation of the proposed parking lot area.  The Commission discusses the violation and how to proceed.  A motion to issue an Enforcement Order as proposed (cease and desist, immediately stabilize disturbed soils, block off trail both sides of newly blazed trail to prevent pedestrian usage, prepare a restoration plan and attend the July 10, 2019 meeting) is made by Mr. Manzi, seconded by Mr. Lynch.  Vote 5-0 Unanimous. Adjournment  A motion to adjourn at 9:29 p.m. is made by Mr. Manzi, seconded by Mr. Lynch.  Vote 5-0 Unanimous.