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HomeMy WebLinkAbout2019-09-11 Conservation Commission Minutes 09 11 19 NACC Meeting Minutes Page 1 of 7 North Andover Conservation Commission Meeting Minutes September 11, 2019 Members Present: Louis A. Napoli, Chairman, Albert P. Manzi, Jr., Vice Chairman, Joseph W. Lynch, Douglas W. Saal and Sean F. McDonough Members Absent: Deborah A. Feltovic and John T. Mabon Staff Members Present: Amy Maxner, Conservation Administrator Meeting came to Order at: 7:30 p.m. Quorum Present. Moment of Silence for the Heroes of 9/11 Pledge of Allegiance Acceptance of Minutes  The minutes for the August 28, 2019 meeting are not ready for approval. Certificate of Compliance (COC) 242-1671, 2302 Turnpike Street (Gill Family LLC)  The applicant requested a continuance via email.  A motion to continue until September 25, 2019 is made by Mr. Manzi, seconded by Mr. Lynch.  Vote 4-0, Unanimous. Documents  Email from csparages@wsengineers.com requesting a continuance until 9/25/19 242-1428, Turnpike Street, Lot 4N-A, (One Hundred Fourteen Trust)  The applicant requested a continuance via email.  A motion to continue until October 9, 2019 is made by Mr. Manzi, seconded by Mr. Lynch.  Vote 4-0, Unanimous. Documents  Email from patrickgarner@me.com requesting a continuance until 10/9/19 Request for Determination of Applicability (RDA) 93 Wintergreen Drive (Arcieroi)  The Administrator provides background on the project. The supports will be cantilevered on the house to prevent any disturbance inside the 50-foot NBZ. Revised plans were submitted.  Mr. Saal expresses concern that no knee braces are shown for the section of deck near the door.  Philip Trapasso, ALC Design explains the process of how the deck will be cantilevered.  The Commission discusses the plans to cantilever the deck.  A motion to issue a Negative Determination #2 and #3 as recommended (erosion controls, pre and post inspection) is made by Mr. Manzi, seconded by Mr. Lynch.  Vote 4-0, Unanimous. Documents  Northwest Elevation Plan, dated 5/28/19, revised 9/3/19 prepared by ALC Design  Northwest Elevation Plan with 50-foot NBZ, dated 5/28/19, revised 9/3/19 prepared by ALC Design 268 Raleigh Tavern Lane (Atallah)  The applicant requested a continuance via email.  A motion to continue until September 25, 2019 is made by Mr. Manzi, seconded by Mr. Lynch.  Vote 4-0, Unanimous. Documents 09 11 19 NACC Meeting Minutes Page 2 of 7  Email from jonathan@grassoconstruction.net requesting a continuance until 9/25/19 Notice of Intent 242-1765, 2051 & 2053 Salem Street (Richards)  The Administrator states she performed a site visit this week with the representative. There is a shed inside the 50-foot NBZ. The trees inside the 25-foot NDZ slated for removal were reviewed. She presents photos taken at the site visit to the Commission. The birch trees have a very heavy lean and will snap given a heavy snow load. The pine tree in the 25-foot NDZ is approximately 25-feet from the existing garage and does appear to be a hazard. Certification from an arborist was not provided.  Ben Osgood Jr., Ranger Engineering presents on behalf of the applicant. The other pine trees are outside the 25-foot NDZ. They are slated for removal for the placement of a new septic tank. The pine tree has poison ivy growing up the side of it.  The Commission feels the tree will succumb to the poison ivy and grant permission to allow the removal of the pine tree. The stump of the tree is to remain.  The Administrator recommends an Enforcement Order be issued for the relocation of the shed by a certain date.  Mr. Osgood states the applicant has withdrawn the request to remove the other trees in the 25-foot NDZ. The only trees proposed for removal are the single pine tree and the clump of birch trees near the driveway. He proposes to move the shed within 30 days.  The Administrator states the shed is not permitted by Con Com or Building Department. She requests clarification regarding the stone construction entrance noted on the plan for a proposed septic system.  Mr. Osgood states a stone construction entrance was noted on the plan for the tree clearing. The proposed septic system is not part of this filing but is ultimately the reason for the tree clearing. The stumps within the tree clearing area will be removed. A separate application will be submitted for access to the septic system.  Mr. Lynch states it is important the OOC exclude both the shed and the septic system from the findings.  The Administrator states there are eighteen proposed trees for removal on the plan however the table indicates there are twenty-one trees to be removed. There are NDZ markers posted on the property at 2051 Salem Street but no markers have been posted at 2053 Salem Street. She requests NDZ marks be posted along the driveway to the right for 2053.  Mr. Osgood states the revised plan shows twenty trees to be removed. On the plan, the birch tree is shown as one tree but is actually a clump of about four trees. He agrees to place NDZ markers approximately 5 to 6-feet off the driveway, along the woods.  The Commission discuss how the process of how the shed will be moved. They determine the shed can be rolled outside the 50-foot NBZ.  The Administrator requests the shed be moved north of the current location within lawn.  No public comment.  A motion to close and issue OOC in 21 days is made by Mr. Manzi, seconded by Mr. Lynch.  Vote 4-0, Unanimous.  A motion to issue an Enforcement Order as proposed (remove shed from within the 50-foot NDZ to an area outside the 50-foot NDZ, no ground disturbance, no later than October 11, 2019, new location to be shown on final As-Built Plan) is made by Mr. Lynch, seconded by Mr. Manzi.  Vote 4-0, Unanimous. Documents  Buffer Zone Disturbance and Restoration Plan, sheet 1 of 2, dated 7/31/19, revised 9/11/19, prepared by Ranger Engineering & Design  Buffer Zone Disturbance and Restoration Plan, sheet 2 of 2, dated 7/31/19, revised 9/11/19, prepared by Ranger Engineering & Design  Site Photographs 242-1763, 34 Rosemont Drive (Andren)  The Administrator provides some background on the project. A revised plan was submitted depicting specifications for seed mix, proposed fencing, proposed swing set, abutter’s names and wall cross-section. A note was added to the cross-section that a geotextile fabric will be used on the fill side of the wall. 09 11 19 NACC Meeting Minutes Page 3 of 7  Michael Andren the homeowner is present to answer any questions.  No public comment.  A motion to close and issue OOC in 21 days is made by Mr. Lynch, seconded by Mr. Manzi  Vote 4-0, Unanimous. Documents  Plot Plan of Land, dated July 22, 2019, revised August 30, 2019 prepared by Sullivan Engineering Group, LLC NACC #240, 505 Sutton Street (Sutton Street Redevelopment, LLC)  The Administrator states the Commission approved the delineation of an off-site Isolated Vegetated Wetland. Zoning Board of Appeals granted a variance and closed on the project September 10, 2019. The project is currently before the Planning Board. A site visit still needs to be performed.  Scott Cameron, The Morin Cameron Group, Inc. states they expect the Planning Board to vote on the project next week.  Ann Marton, LEC Environmental presents on behalf of the applicant. The Commission issued a DOA in October 2016 approving the 25-foot NDZ, 50-foot NBZ and 100-foot Buffer Zone. The Isolated Vegetated Wetland is only protected under the local bylaw and is not within DEP jurisdiction. The project is limited within the Buffer Zone. The project complies with DEP stormwater management standards and has gone through two Third Party Peer Reviews. A portion of the corners of two of the buildings are within jurisdiction. An infiltration trench was designed to take the water off the outdoor patio and a slope that grades down. There is clearing for the grading in the 50-foot NBZ and 100-foot Buffer Zone. No work proposed in the 25-foot NDZ. The Landscape Plan focuses on native plants throughout the entire site.  Mr. Lynch confirms the regrading will direct the runoff back towards the parking area and away from the Resource Area.  Mr. Cameron states they believe the Resource Area is supported from some local runoff and a higher water table at that location. He describes how they propose to capture one hundred percent of the water by spreading out the recharge systems across the property. The runoff for the site will be cleaner than the post development condition. No changes will be made to the wetland.  Mr. Lynch would like to know if the vegetation proposed along the landscaped area will require maintenance and fertilizer.  Ms. Marton states most of the plants are native or well acclimated to the area.  Mr. Cameron states there are some existing trees within the Buffer Zone to be preserved. They minimized the cutting in the screening area and are keeping as many trees as they can along the border. The infill will be a mix of deciduous trees. They propose the use of conifers with an infill of deciduous behind them.  Mr. Manzi would like to know if there was a resolution to the August 29, 2019 & August 30, 2019 responses from The Morin Cameron Group to Horsley Witten.  Mr. Cameron states there was a resolution that will be provided to the Commission.  Mr. Napoli would like to know if the project is on force main or gravity sewer. He would like to know if any of the housing will be affordable.  Mr. Cameron states is it currently on a force main and will be converted to a gravity sewer. The infrastructure will tie in on Sutton Street. None of the housing will be affordable. The units will be strictly rental.  8:15 p.m., Mr. McDonough arrives.  Patrick Duffy, 59 Surrey Drive expresses concerns regarding the elevation lines shown on the plan. He states that a berm does not exist and that water runs off the site on to his property. He would like to know what to do if he sees a significant change the water levels. In the spring water tends to pool for an extended period. He expresses concern that the project could magnify the issue.  Mr. Manzi states the applicant stated there will be no net increase or decrease.  Mr. Lynch requests the representative explain the location of the berm.  Mr. Cameron states there is an existing berm in the 25-foot NDZ along the edge of the property line that separates the applicant’s property from the abutting property. While they were conducting the survey, they stopped at the line. A note has been added to the plan stating “existing berm to remain”. The roof and building drainage will discharge to the front of the building.  Mr. Napoli requests the Administrator perform a site review with Mr. Duffy. 09 11 19 NACC Meeting Minutes Page 4 of 7  Mr. Manzi requests Mr. Duffy also grant the applicant permission to attend the site review.  Mr. Duffy agrees to the request.  Mr. Duffy would like to know what the Commission considers credible evidence when it comes to the Town Bylaw Chapter 190-5.C.  Mr. McDonough states they have met the burden to prove there will be no adverse effects at this time based on Peer Review Process. The stormwater will continue to be monitored over time. When a COC is requested, they will be required to measure to ensure there was no net increase.  Mr. Lynch states the Planning Board should also take into consideration the construction conditions that could be much worse. He would like to know prior to the facilities being up and running and maintained what measures are being imposed to certify compliance with the Commission’s Bylaw.  A motion to continue to October 9, 2019 is made by Mr. Manzi, seconded by Mr. Lynch.  Vote 4-0, Unanimous, Abstained: Mr. McDonough. Documents  Notice of Intent, dated August 28, 2019 prepared by LEC  505 Sutton Proposed Conditions Hydrologic Analysis dated August 29, 2019  Planning Board Response to Letter, dated August 29, 2019 prepared by The Morin Cameron Group, Inc  Multifamily Site Development Plans, Drawing No. C.1 - C.13 dated May 16, 2019, revised August 13, 2019 prepared by The Morin Cameron Group, Inc  Multifamily Site Development Plans, Drawing No. C.1 - C.13 (C.5 revised August 29, 2019) dated May 16, 2019, revised August 13, 2019 prepared by The Morin Cameron Group, Inc  Certified Mail Receipts  Drainage Report, dated May 16, 2019 prepared by The Morin Cameron Group, Inc  Planting Plan, dated May 15, 2019 prepared by Radner Design Associates, Inc  Board of Health Response Letter, dated August 13, 2019 prepared by The Morin Cameron Group, Inc  DPW Response Letter, dated August 13, 2019 prepared by The Morin Cameron Group, Inc  Horsley Witten Response Letter, dated August 13, 2019 prepared by The Morin Cameron Group, Inc  TEC Response Letter, dated August 13, 2019 prepared by The Morin Cameron Group, Inc  Retain-it Module Storage Volumes & Weight by Height 242-1766, 1600 Osgood Street (Hillwood Enterprises, LP)  The Administrator states she has yet to perform a site visit.  Mike Howard, Epsilon Associates, Inc. introduces the team and presents an overview of the proposal for construction of an 820,000-s.f. e-commerce storage, warehouse and distribution facility. Related ancillary work includes site preparation and demolition activities, parking lot construction, utility connection, landscaping, Buffer Zone and Resource Area planting, stormwater improvements and solar farm construction. No comments were received from DEP. A parallel application has been filed with the Planning Board. Horsley Witten has been retained by the Town of North Andover to provide a Third Party Peer Review. Comments on the Stormwater Report were received. They are currently working on a response to these comments. The Commission issued an ORAD on January 24, 2019 confirming the boundaries of Wetland Resource Area. No work is proposed within the 25-foot NDZ or 50-foot NBZ other than Buffer Zone and Resource Area restoration work. No waivers were requested. Buildings “20” and “21” will remain the remainder of the facility will be demolished and redeveloped with a new facility. The site is proposed to be raised between 5 and 10- feet. Retaining walls of varying heights have been incorporated into the design along the western and southern portions of the site. He describes the utilities connections and the installation process. The utility work will not occur within the 25-foot NDZ or 50-foot NBZ. He describes the solar aspect of the project that complies with the Commission’s 25-foot NDZ or 50-foot NBZ. The work in the floodplain will result in more than 54,000 c.f of additional flood storage on the project site and a reduction of approximately 11.25 acres of pavement overall. The proposed stormwater system will be rebuilt and reconstructed to meet the current standards. There is one open Order of Conditions, #242-1352 left open intentionally due to some carry over due to Stormwater BMPs. The current landowner will continue to own Buildings “20” and “21” and will continue to maintain the Stormwater BMPs associated with the property. The new landowner will be responsible for the balance of the site. There will be two O&M Plans indicating who is responsible. 09 11 19 NACC Meeting Minutes Page 5 of 7  Mr. Lynch would like to know if the stormwater systems will interconnect at some point or if they are completely isolated.  Tim O’Neil, Langan Engineering states in the future the stormwater will operate completely separately and independently with the exceptions of a few conveyance features running through the site. Water from Lot A does not enter BMPs on Lots B, C or D and the same for the reverse.  Mr. Lynch would like to know if the project triggered MEPA.  Mr. Howard states due to the fact the site is heavily developed they do not believe it will trigger MEPA.  Mr. Manzi would like to know how much fill is expected to be brought on site. He requests a certificate of origin for every yard of fill brought on site. The certificate provided will indicate where the fill came from and that it is clean. An on-site monitor will be required to ensure compliance with this requirement. He requests preconstruction test pits be done for a water sample baseline to look at the pH levels.  Mr. Howard states that roughly 30,000-yards of fill is expected to be brought in.  Mr. O’Neil states they will have to look into getting this information.  Mr. Napoli remarks there is no stockpile noted on the plan. It is important to know where the debris from the building proposed to be torn down will go. He expects that due to the year the building was constructed there is a strong chance that asbestos will be present. He requests soil samples in the areas being disturbed to ensure it is clean soil.  Mr. Lynch recommends forming a non-quorum conservation subcommittee.  Mr. Howard welcomes the idea of a subcommittee.  No public comment.  A motion to continue to September 25, 2019 is made by Mr. Manzi, seconded by Mr. McDonough.  Vote 5-0, Unanimous. Documents  Notice of Intent, dated August 28, 2019 prepared by Epsilon Associates, Inc  Colored Drawing Sheets, dated July 27, 2019 & August 28, 2019 prepared by Langan Engineering and Environmental Services, Inc  Plan Sheets for Hearing, dated July 25,2019, August 22, 2019 & August 28, 2019, prepared by Langan Engineering and Environmental Services, Inc  NOI Drawings, dated July 25,2019, revised August 28, 2019, prepared by prepared by Langan Engineering and Environmental Services, Inc General/NEW/Old Business RDA Discussion, Stiles Street (Lots #33, 34, 37) (Willis)  The Administrator would like to discuss the Special Conditions required for the culvert replacement. She has conducted several site visits in the past month and the conditions are not “dry”. A visit was conducted today and the water levels are at their lowest but still have a detectable flow.  The Commission discusses the meaning of “dry conditions” required in the Special Conditions.  Gene Willis states the Special Conditions does not state anything about a dry streambed.  Mr. Manzi and Mr. Lynch feel the present conditions are appropriate to move forward with the project.  Mr. Napoli directs the applicant to notify the staff to allow someone to be on-site when the project is done.  Mr. Manzi states the applicant should prepare to contact the staff on Monday morning. He directs the applicant to have extra erosion controls on hand in case they are needed.  The Administrator reviews the details of the project. Documents  Site Photographs, dated September 11, 2019 242-1656, Extension Request, 95 Old Cart Way (Murtha)  The Administrator states the applicant requested a one year extension. This is the final extension available for this Order of Conditions.  A motion to grant a one year extension is made by Mr. McDonough, seconded by Mr. Manzi.  Vote 5-0, Unanimous. Documents  Extension Request Letter, dated September 6, 2019 09 11 19 NACC Meeting Minutes Page 6 of 7  Proposed Minor Modification Plan, dated July 2, 2019 prepared by Sullivan Engineering Group, LLC 242-1706, Modification Request, 0 Rea Pond/224 French Farm Road (North Andover DPW)  Mike Howard, Epsilon Associates, Inc. states the proposal is for a Modification to OOC. The OOC was issued by the NACC in July of 2017 for the replacement of 180-feet of sewer line that runs between Great Pond Road and French Farm Road. The DPW has determined that an additional 120-foot segment requires replacement as well. All means, methods and access route for the work remains the same. None of the work has started.  The Administrator would like to know if the bond amount should be increased due to the additional work. The current bond amount was set at $10,000. She recommends doubling the bond amount since the additional work almost doubles the impact.  Mr. Manzi agrees with increasing the bond amount as the project is in BLSF.  A motion to approve the Modification as proposed and increase the bond from $10,000 to $20,000 is made by Mr. Manzi, seconded by Mr. McDonough.  Vote 5-0, Unanimous. Documents  Modification Request Letter with Supporting Materials, dated September 2, 2019 prepared by Epsilon Associates, Inc Enforcement Order/Violation 633 Turnpike Street (Andover Pest Control)  Maureen Herald, Norse Environmental presents on behalf of the applicant. She states an EO was received for the cutting of trees inside the Buffer Zone. The trees were removed due to overhanging branches. They are proposing to plant three sweetbay magnolia trees within the 25-foot NDZ. The wetlands have been flagged as required in the EO.  Mike Ryley the property owner is present for questions.  The Administrator states the flagging has been reviewed and was found to be reasonable. She recommends coordinating with staff on the exact location of the trees. The trees shall be installed no later than September 30, 2019. The trees are required to be inspected after installation with a 2-year survivorship, replacement of dead or dying specimens.  Ms. Herald states they expect to come before the Commission for the additional work within the Buffer Zone, beyond the scope of work in the EO.  Mr. Napoli directs the property owner to contact the Administrator with any questions or any other possible work he is thinking to do.  Ms. Herald presents an Existing Conditions Plan to the Administrator.  A motion to modify the Enforcement Order as proposed is made by Mr. Manzi, seconded by Mr. McDonough.  Vote 5-0, Unanimous. Documents  Violation Letter, dated July 31, 2019  WPA Form 9 - Enforcement Order  Correspondence Letter, August 13, 2019 prepared by Norse Environmental Services, Inc  Supporting Materials 350 Forest Street (Logan)  The Administrator provides a brief update on the Enforcement Order. She recommends granting additional time for the removal of the debris.  The Commission agrees to allow the applicant until November 30, 2019 for the removal of the debris.  A motion to modify the Enforcement Order as proposed is made by Mr. Manzi, seconded by Mr. McDonough.  Vote 5-0, Unanimous. Documents  Violation Letter, dated July 3, 2019 456 Summer Street (Carlstrom & Dix) 09 11 19 NACC Meeting Minutes Page 7 of 7  The Administrator states the applicant will be submitting a Notice of Intent for a proposed garage along with replanting of the trees that were removed.  A motion to continue to September 25, 2019 is made by Mr. McDonough, seconded by Mr. Manzi.  Vote 5-0, Unanimous. Documents  No new information was submitted 125 Sherwood Drive (Pegalis)  The Administrator gives a brief update on the Enforcement Order. The homeowner is currently having their contractor change the fence location outside the 25-foot NDZ.  A motion to continue to September 25, 2019 is made by Mr. Manzi, seconded by Mr. Lynch.  Vote 5-0, Unanimous. Documents  Violation Letter, dated July 31, 2019 242-1692, 1210 Osgood Street  No evidence is heard.  A motion to continue to October 9, 2019 is made by Mr. Manzi, seconded by Mr. Lynch.  Vote 4-0, Unanimous, Recused: Mr. Napoli. Documents  No new information was submitted Adjournment  A motion to adjourn at 9:45 p.m. is made by Mr. McDonough, seconded by Mr. Lynch.  Vote 5-0 Unanimous.