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HomeMy WebLinkAbout2019-08-14 Conservation Commission Minutes 08 14 19 NACC Meeting Minutes Page 1 of 6 North Andover Conservation Commission Meeting Minutes August 14, 2019 Members Present: Louis A Napoli, Chairman, Joseph W. Lynch, Deborah A. Feltovic and Douglas W. Saal Members Absent: Albert P. Manzi, Jr., Vice Chairman, Sean F. McDonough and John T. Mabon Staff Members Present: Amy Maxner, Conservation Administrator Meeting came to Order at: 7:02 p.m. Quorum Present. Pledge of Allegiance Acceptance of Minutes  A motion to accept the minutes of the July 10, 2019 as reviewed and amended is made by Mrs. Feltovic, seconded by Mr. Manzi.  Vote 4-0, Unanimous. Certificate of Compliance (COC) 242-1629, 4 High Street (RCG West Mill NA LLC)  The applicant requested a continuance via email.  A motion to continue until August 28, 2019 is made by Mrs. Feltovic, seconded by Mr. Lynch.  Vote 4-0, Unanimous. Documents  8/14/2019 email correspondence w/Conservation Administrator confirming a continuance until 8/28/19 242-1699, 1 High Street (RCG North Andover Mills LLC)  The applicant requested a continuance via email.  A motion to continue until August 28, 2019 is made by Mrs. Feltovic, seconded by Mr. Lynch.  Vote 4-0, Unanimous. Documents  8/14/2019 email correspondence w/Conservation Administrator confirming a continuance until 8/28/19 242-1671, 2302 Turnpike Street (Gill Family LLC)  The applicant requested a continuance via email.  A motion to continue until August 28, 2019 is made by Mr. Lynch, seconded by Mrs. Feltovic.  Vote 4-0, Unanimous. Documents  Email from csparages@wsengineers.com requesting a continuance until 8/28/19 242-1428, Turnpike Street, Lot 4N-A, (One Hundred Fourteen Trust)  The applicant requested a continuance via email.  A motion to continue until August 28, 2019 is made by Mrs. Feltovic, seconded by Mr. Lynch.  Vote 4-0, Unanimous. Documents  Email from patrickgarner@me.com requesting a continuance until 8/28/19 Small Project 08 14 19 NACC Meeting Minutes Page 2 of 6 NACC #239, 60 Lyons Way (Murphy)  Mr. Murphy the homeowner presents the proposal for an in-kind replacement of existing deck utilizing existing footing, posts and joists. The deck is 85-feet and the stairs area 75-feet from the BVW and separated by an existing stonewall installed at the 25-foot NDZ.  Mr. Lynch states they will not limit the applicant to replacing just the decking. If any digging is required, the applicant must notify the Administrator for approval.  A motion to accept this as a Small Project B is made by Mr. Lynch, seconded by Mrs. Feltovic.  Vote 4-0, Unanimous.  A motion to approve the Small Project for an in-kind deck as proposed (post construction inspection required and notify staff of any changes) is made by Mr. Lynch, seconded by Mrs. Feltovic.  Vote 4-0, Unanimous. Documents  Small Project Application w/Supporting Materials, dated August 2, 2019 Request for Determination of Applicability (RDA) 30-36 Millpond Condominiums (Poth Property Services Inc.)  7:14 p.m., The applicant is not present, the discussion is tabled.  The Commission opens the hearing, no evidence is heard.  A motion to continue until August 28, 2019 is made by Mr. Lynch, seconded by Mrs. Feltovic.  Vote 4-0, Unanimous. Documents  Application Checklist Request for Determination of Applicability, dated July 29, 2019  WPA Form 1 - Request for Determination of Applicability w/Supporting Materials, dated July 29, 2019 Notice of Intent 242-1745, 350 Winthrop Avenue (RDM, Inc.)  The Administrator states the proposal was continued from the last meeting to allow time for a draft decision to be written. No other plan changes have occurred since the last meeting.  No public comment.  A motion to close and issue OOC in 21 days is made by Mr. Lynch, seconded by Mrs. Feltovic.  Vote 4-0, Unanimous. Documents  No new information was submitted 242-1761, 0 Riverview Street (GLSD)  The Administrator states revised plans were received. The changes made to the plans were at the request of the NACC. DEP has issued a file number and had no comments.  Richard Weare, GLSD is present for questions.  No public comment.  A motion to close and issue in 21 days is made by Mr. Lynch, seconded by Mrs. Feltovic.  Vote 4-0, Unanimous. Documents  Cover Sheet, Location Plan and Index of Drawings, dated August 2019, revised August 8, 2019, prepared by AECOM  Legend, Abbreviations and General Notes, dated August 2019, prepared by AECOM  Existing Conditions Plan, dated August 2019, prepared by AECOM  Demolition and Erosion, and Sedimentation Control Plan, dated August 2019, revised August 8, 2019, prepared by AECOM  Site Plan, dated August 2019, revised August 8, 2019, prepared by AECOM 08 14 19 NACC Meeting Minutes Page 3 of 6  Spill Containment Drain Profile, dated August 2019, prepared by AECOM  Duct Bank Plan, dated August 2019, revised August 6, 2019, prepared by AECOM  Site Grading Plan, dated August 2019, revised August 8, 2019, prepared by AECOM  Details I, dated August 2019, prepared by AECOM  Details II, dated August 2019, prepared by AECOM  Details III, dated August 2019, prepared by AECOM  Details IV - Electrical Ductbank and Manhole Details, dated August 2019, revised August 8, 2019, prepared by AECOM  Details V - Electrical Handhole Details, dated August 2019, prepared by AECOM  Details VI - Conduit Stub Up Details, dated August 2019, revised August 8, 2019, prepared by AECOM  Structural Notes and Abbreviations, dated August 2019, revised August 6, 2019, prepared by AECOM  Generator Foundation Plans and Sections, dated August 2019, revised August 8, 2019, prepared by AECOM  Structural Standard Details, dated August 2019, revised August 6, 2019, prepared by AECOM 242-1762, 95 Lyons Way (O’Neill)  Maureen Herald, Norse Environmental presents the proposal for an underground stormwater detention basin to replace an existing open basin. Most of the work is outside the 100-foot Buffer Zone. Comments were received from the town engineer.  The Administrator provides the Commission a copy of the comments from the town engineer.  Mr. Lynch confirms Lyons Way is a public way. The discharge goes to the resource area, which extends the NACC jurisdiction.  The Administrator reviews the comments made by the town engineer.  Mr. Lynch states in order for the Commission to act on the proposal the town needs to grant permission to allow the work to be done which may require BOS or even Town Meeting. The town also needs to confirm they will continue to implement the O&M Plan as a town responsibility.  The Commission discusses the drainage easement.  The Administrator states violations were observed in the NDZ during a site inspection. She describes the violations.  The Commission directs Ms. Herald to contact the Administrator and to identify the violations prior to the next meeting. If the project is withdrawn the NACC will issue and Enforcement Order for the violations.  No public comment.  A motion to continue until September 25, 2019 is made by Mr. Lynch, seconded by Mrs. Feltovic.  Vote 4-0, Unanimous. Documents  Drainage Area Map  Grading and Erosion Control Plan, dated June 24, 1998, revised February 3, 1999, prepared by Marchionda & Associates, L.P.  Notice of Intent Application w/Supporting Materials, dated July 2019  Drainage Improvement Plan, dated June 17, 2019, prepared by Land Engineering & Environmental Services, Inc.  Stormwater Pond Replacement Plan, dated June 17, 2019, prepared by Land Engineering & Environmental Services, Inc.  Site Visit Photos, dated August 13, 2019 242-xxxx, 2051 & 2053 Salem Street (Richards)  7:30 p.m., The applicant is not present, the discussion is tabled.  7:49 p.m., The applicant’s representative enters the room. 08 14 19 NACC Meeting Minutes Page 4 of 6  Ben Osgood Jr., Ranger Engineering presents on behalf of the applicant. The NOI is in response to the Commission’s Enforcement Order for unauthorized tree removal. They propose to remove additional trees on both properties within the 25-foot NDZ, 100-foot Buffer Zone and Riverfront Area. They have also proposed restoration plan consisting of mixture of shrubs, trees, native wetland mix and logging road mix.  The Commission reviews the tree removal plans with Mr. Osgood.  Mr. Lynch states stump grinding is not permitted in the NDZ.  The Administrator confirms once the restoration has occurred no mowing with take place.  Mr. Napoli states he does not agree with the removal of healthy tress in the NDZ.  Mr. Lynch confirms no other activity is proposed at this time other than this forest management plan.  Mr. Osgood states they wish to establish the line with a row of hemlock trees and posts with wetland markers.  Mr. Lynch states the Commission requires a determination in writing from a certified arborist stating the health/hazard of the trees proposed for removal within the 25-foot NDZ.  The Administrator requests topography as well as the inner 100-foot Riparian Riverfront Area be added to the plan.  A motion to continue until August 28, 2019 is made by Mrs. Feltovic, seconded by Mr. Lynch.  Vote 4-0, Unanimous. Documents  Buffer Zone Disturbance and Restoration Plan, Sheet 1 of 2, dated July 31, 2019, prepared by Ranger Engineering & Design  Buffer Zone Disturbance and Restoration Plan, Sheet 2 of 2, dated July 31, 2019, prepared by Ranger Engineering & Design  Massachusetts Division of Fisheries & Wildlife Correspondence, dated August 6, 2019  Revised Notice of Intent Application w/Supporting Materials, dated July 31, 2019 Enforcement Order/Violation 422 Waverly Road (Jensen) (Logue) (EO/DOA Update)  The Administrator states she received verification; the post and markers have been installed.  A motion to lift the Enforcement Order is made by Mr. Saal, seconded by Mrs. Feltovic.  Vote 4-0, Unanimous. Documents  Site Photos, dated August 2019 456 Summer Street (Carlstrom & Dix)  The Administrator states a violation letter was issued to the homeowner. She gives some background on the tree cutting violation. The homeowner has applied for a building permit for the construction of a garage in the area where the trees were removed.  Ms. Carlstrom states Norse Environmental was hired. A copy of their report was submitted to the Administrator for review. The property has been professionally surveyed. The surveyor was contacted to provide topography pictures of the area flagged by Norse Environmental. The exact location of the garage has not been determined.  The Administrator states she received a letter from Norse Environmental. The BVW was flagged and consists of a red maple swamp. The report states the tree removal took place approximately 30-feet from the wetland. The tree stumps are intact.  Mr. Lynch states all activity is to cease and desist. The applicant is required to file an NOI and the tree removal and restoration planting will become part of the NOI application.  Mr. Saal states it is important the Buffer Zone be noted on the plan.  The Administrator confirms the homeowner is aware there are wetlands and Buffer Zones on the property.  Ms. Carlstrom acknowledges this. 08 14 19 NACC Meeting Minutes Page 5 of 6  A motion to continue until September 11, 2019 pending submittal of a NOI is made by Mr. Lynch, seconded by Mrs. Feltovic.  Vote 4-0, Unanimous. Documents  Norse Environmental Services, Inc. Correspondence, dated August 14, 2019  Violation Letter, dated August 1, 2019  Supplemental Maps 125 Sherwood Drive (Pegalis)  The Administrator states the homeowner was forthcoming that a fence was installed without prior permitting from the Commission. After reviewing the as-built plan from a previous filing, it appears a section of the fence is inside the 25-foot NDZ. During a site visit, some dumping was noticed in the NDZ.  Ms. Pegalis is present and expresses willingness to cooperate with the Commission’s request.  Mr. Lynch states the fence should be rectified through and Enforcement Order without refiling an application.  The Commission directs the Administrator to determine the location of the 25-foot NDZ and where the fence needs to be relocated. A general cleanup of the debris is required.  A motion to continue until September 11, 2019 is made by Mr. Lynch, seconded by Mrs. Feltovic.  Vote 4-0, Unanimous. Documents  Violation Letter, dated July 31, 2019  As-Built Site Conditions, dated August 24, 2011, prepared by The Neve - Morin Group, Inc.  Site Photos General/NEW/Old Business MACC Annual Dues  The Commission re votes on the MACC Annual Dues due to a prior administrative error.  A motion to approve the MACC Annual Dues in the amount of $882, which includes the Conservation Administrator and Field Inspector membership, is made by Mr. Lynch, seconded by Mrs. Feltovic.  Vote 4-0, Unanimous. Election of Conservation Commission Officers  A motion to nominate Mr. Napoli as Chairman is made by Mr. Lynch, seconded by Mrs. Feltovic.  Vote 4-0, Unanimous.  A motion to nominate Mr. Manzi as Vice Chairman is made by Mr. Napoli, seconded by Mrs. Feltovic.  Vote 4-0, Unanimous. Decisions 242-1745, 350 Winthrop Street (RDM, Inc.)  The Administrator reviews the drafted Order of Conditions with the Commissioners. Boulders are to be placed at the end of the snow stockpile area to establish a limit. The bond is set in the amount of $30,000. Work is limited to be done during dry/low flow (July 1st - August 1st).  A motion to approve the Order of Conditions as amended is made by Mr. Manzi, seconded by Mrs. Feltovic.  Vote 4-0, Unanimous. 242-1761, 0 Riverview Street (GLSD)  The Administrator reviews the drafted Order of Conditions with the Commissioners. The bond is set in the amount of $5,000. Condition #50 is removed from the Order of Conditions. 08 14 19 NACC Meeting Minutes Page 6 of 6  A motion to approve the Order of Conditions as amended is made by Mr. Lynch, seconded by Mrs. Feltovic.  Vote 4-0, Unanimous. Adjournment  A motion to adjourn at 8:26 p.m. is made by Mrs. Feltovic, seconded by Mr. Lynch.  Vote 4-0 Unanimous.