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HomeMy WebLinkAbout2020-05-13 Conservation Commission Minutes Conservation Commission Minutes 13-05-2020 Page 1 of 6 Approved 05/27/2020 North Andover Conservation Commission Meeting Minutes May 13, 2020 Members Present: The following identified themselves as present on the call: Louis A. Napoli, Chairman, John T. Mabon, Joseph W. Lynch, Albert P. Manzi, Jr., Vice Chairman, Deborah A. Feltovic and Sean F. McDonough Members Absent: Douglas W. Saal Staff Members Present: The following identified themselves as present on the call: Amy Maxner, Conservation Administrator Meeting came to Order at: 7:00 p.m. Quorum Present. The Administrator Amy Maxner reads the following statement: Pursuant to Governor Baker’s March 12, 2020 Order Suspending Certain Provisions of the Open Meeting Law, G.L. c. 30A, §18, and the Governor’s March 15, 2020 Order imposing strict limitations on the number of people that may gather in one place, this meeting and public hearing of the North Andover Conservation Commission is being conducted via remote conference call participation. No in-person attendance of members of the public will be permitted but every effort has been made to ensure that the public can adequately access the proceedings as provided in the Governor’s order. A reminder that persons who would like to listen to this meeting while in progress may do so by watching on their television on North Andover CAM or by visiting their website at www.northandovercam.org. With respect to public hearings which there are two of this evening members of the public listening to this meeting virtually are welcome to make comments if they wish to do so during the portion of the hearing designated for public comment by emailing the Conservation Administrator, Amy Maxner at amaxner@northandoverma.gov which is displayed on the North Andover CAM screen on your television. Your email comments will be read during the hearing for consideration and responded to accordingly. Please remember to provide your name and address for the record. Acceptance of Minutes  The minutes for the April 22, 2020 meeting are not ready for approval. General/Old/New Business Signature Authorization  The Administrator states a vote will be conducted authorizing her to sign decisions, permits and forms on behalf of the Commission. Town Council agrees having the Administrator sign on behalf of the NACC is the cleanest method.  Mr. Lynch confirms that a second vote will need to be taken with each decision, not globally at the start of the meeting.  The Administrator states a vote is required for recording purposes a second vote may still be done in conjunction with each decision. The Administrator reads the proposed language, which has been approved by Town Council.  The Commission agrees to accept the language as proposed.  Mr. Lynch moves to approve the motion, seconded by Mr. McDonough.  Vote 6-0, Unanimous. Eagle Scout Bat Box Project, James Swamp (Niels Restrepo)  The Administrator states the proposed project consists of a bat box to be installed at James Swamp.  Niels Restrepo, Eagle Scout Troop #82 presents. The proposal consists of four bat boxes installed on posts in two different locations. The boxes will be south facing to maximize sun exposure and warmth.  Mr. Mabon would like to know the location the boxes are proposed to be installed. Conservation Commission Minutes 13-05-2020 Page 2 of 6 Approved 05/27/2020  Mr. Restrepo states a set of boxes will be placed behind the bridge with the other set placed on the other side of the open field. The project is proposed to be completed by the end of summer 2020.  Mr. Lynch confirms the bat boxes will be preassembled and disturbance to the Resource Area will be minimal. He would like to know if bat boxes require maintenance.  Mr. Restrepo states no cutting or dangerous activities are proposed. The bat boxes will be assembled off site. The installation process will consist of digging holes and mixing cement to place the posts. The bat boxes require recoating every two years to help with rain resistance and wear and tear.  Commissioner Feltovic lost connection during the presentation.  A motion to issue a Friendly Enforcement Order for the construction of bat boxes and allow the Administrator to sign on the Commissions behalf is made by Mr. Lynch, seconded by Mr. Mabon.  Vote 5-0, Unanimous. Documents Niels Restrepo - James Swamp Bat Box Eagle Scout Project Proposal, N. Restrepo Email narratives - Bat Box Project, Neils Restrepo bat box screenshot-map.fonat.org-2020.04.21-19_01_15, Niels Restrepo Eagle Scout Project Workbook Niels Eagle Scout Boardwalk Project, Town Farm (Niklas Restrepo)  The Administrator states the proposed project consists of a boardwalk installation at Town Farm.  Commissioner Feltovic rejoins the call.  Niklas Restrepo, Eagle Scout Troop #82 presents. The proposal consists of a boardwalk to be built at Town Farm Trail on South Bradford Street. The project location is approximately 600 yards into the trail from the baseball diamond. The boardwalk will be 3-feet wide and 60-feet long.  Mr. Mabon requests a sketch of the proposed boardwalk.  Mr. Restrepo states he will provide a sketch depicting the boardwalk. He would like to know if the Commission prefers the boardwalk be constructed in the middle or if it should be placed off to the side of the trail to allow motorized vehicle access.  Mrs. Feltovic would like to know how long it would take to complete the boardwalk.  Mr. Restrepo states he is hopeful the boardwalk will be completed by the end of the summer 2020.  The Commission discusses the placement of the boardwalk and agrees to allow the applicant to place the boardwalk in the area best suited for its use.  A motion to issue a Friendly Enforcement Order for the construction of the boardwalk (a sketch is required before the start of work) and allow the Administrator to sign on the Commissions behalf is made by Mr. Lynch, seconded by Mrs. Feltovic.  Vote 6-0, Unanimous. Documents Niklas Restrepo Eagle Scout Project - Boardwalk Town Farm, Town Farm - Niklas Restrepo Boardwalk Eagle Scout project map, Niklas Restrepo Eagle Scout Workbook Niklas Eagle Scout Fence Project, Rolling Ridge (Kyle Babb)  The Administrator states the proposed project consists of a post-split rail fence at Rolling Ridge.  Kyle Babb, Eagle Scout presents a proposal to construct a 140-foot post-split rail fence, which will be located between Rolling Ridge and the edge of the public trail easement. The purpose of the fence is to prevent foot traffic from entering Rolling Ridge private property.  Jack Mabon would like to know how close the fence is to the nearest wetland.  The Administrator states the fence is approximately 80-feet from WF-19A, which is outside the NBZ.  Mr. Lynch would like to know if the fence is part of the overall Master Plan for Rolling Ridge.  The Administrator states the fence is something the institute would like to separate the public from non-public. The fence will be located between the open field and historic driveway, which constitutes part of the trail. The fence will not hinder the private property or garden area.  Mr. Napoli would like to know if the project falls in the Watershed Special District. Conservation Commission Minutes 13-05-2020 Page 3 of 6 Approved 05/27/2020  The Administrator states the project falls within watershed and directs the applicant to speak with the Staff Planner.  A motion to issue a Friendly Enforcement Order for the construction of a split rail fence (location of the fence is to be verified before the post holes are dug) and allow the Administrator to sign on the Commissions behalf is made by Mr. Lynch, seconded by Mrs. Feltovic  Vote 6-0, Unanimous. Documents RollingRidge proposed trail 2020 with proposed fence, facing south down the road, survey with proposed fence, flags facing north up the road, Kyle Babb - Eagle Scout Fence Project Small Project NACC #93, Renewal, 660 Great Pond Road (Giving Garden @ Rolling Ridge)  The Administrator states the applicant is seeking a Small Project renewal for the Giving Garden, which is within the Conservation Restriction. She describes the location of the garden to the Commission. The annual report regarding farming activities was received.  A motion to renew the Small Project for 1 year and allow the Administrator to sign on the Commissions behalf is made by Mr. Mabon, seconded by Mrs. Feltovic.  Vote 6-0, Unanimous. Documents Soil Conservation Report, updated April 2020 o Eagle Scout Vegetable Wash Station, Giving Garden (James Goodman)  James Goodman, Eagle Scout presents a proposal to construct a vegetable wash station within the Giving Garden. The wash station is proposed to be located near the shed next to the water pump.  Mr. Mabon would like to know the location of the wash station in relation to the wetlands.  Emily Strong, a gardener at the Giving Garden states an aerial photo depicting the washing station location was provided to the Commission.  The Commission reviews the aerial photograph.  Mr. Lynch would like to know how far the washing station is from the Resource Area.  The Administrator states the location of the washing station is outside the buffer along the main driveway and the wetland to the west. The location is within the footprint of the active gardening area and is separated from the Resource Area by the driveway.  Mr. Napoli would like to know if the project falls in the Watershed Special District.  The Administrator states the project falls within watershed and directs the applicant to speak with the Staff Planner.  A motion to amend the Small Project Permit to allow for a wash station and allow the Administrator to sign on the Commissions behalf is made by Mr. Lynch, seconded by Mr. Mabon.  Vote 6-0, Unanimous. Documents Giving Garden Washing Station 5.11.20 Notice of Intent (NOI) 221 Blue Ridge Road (McNamara)  The Administrator reviews the proposal for a backyard hardscape and landscaping project including replacement of a failing timber retaining wall and stairs with a block wall and steps. The existing retaining wall is partially located in the 50-foot NBZ. The project also includes a patio, veggie garden, fire pit, landscaping and lawn within the confines of the retaining wall. New perimeter fencing, additional perimeter native landscaping and removal of existing brick patio to be replaced with landscaping bed is also proposed. All proposed work is outside of the 25-foot NDZ, which is an undisturbed area. Conservation Commission Minutes 13-05-2020 Page 4 of 6 Approved 05/27/2020  John Morin, Morin-Cameron presents on behalf of the applicant. The proposed granite stairs have been relocated outside the 50-foot NBZ and the new retaining wall is approximately 43-feet from the wetlands. The retaining wall will be constructed using block keystone and natural stone. The proposed patio made up of hardscape pavers and fire pit are outside the 50-foot NBZ. A waiver request was submitted for work inside the 50-foot NBZ.  Mr. Napoli would like to know if stockpile and construction accesses are depicted on the plan.  Mr. Morin states the plan was revised to depict the construction access, on the easterly side of the property off the driveway. A stockpile location was not shown, as they do not intend to stockpile any materials. Erosion controls will be installed on the backside of the fence from one side of the yard to the other.  Mr. Napoli requests that a stockpile location be added to the plan.  The Commission discusses whether or not a waiver request is necessary.  A motion to approve the waiver request is made by Mr. Manzi, seconded by Mr. Lynch.  Vote 6-0, Unanimous.  A motion to close and issue in 21 days is made by Mr. Manzi, seconded by Mrs. Feltovic.  Vote 6-0, Unanimous. Documents Legal Notice 05 04 20 - Public Notices, Legal Notice 05 04 20 - Tribune, Additional Fees - 221 Blue Ridge, Site Plan Rev 4.30.2020, 221 Blue Ridge Road (NOI) - Final Legal, NOI-221 Blue Ridge Rd-NA NOI Checklist, NOI-221 Blue Ridge Rd-Cover Letter, NOI-221 Blue Ridge Rd-Landscape Plan, NOI-221 Blue Ridge Rd-Site Plan, NOI-221 Blue Ridge Rd-NOI App Barker Street Culvert Replacement (North Andover DPW)  The Administrator states the existing culvert is failing and was temporarily bandaged by inserting a PVC pipe to maintain flow in November 2018.  Ryan Paul, Environmental Partners presents on behalf of the applicant. He describes the location of the project. The end walls on the upstream end of the culvert have failed due to poor soil conditions. Some of the roadway was recently lost due to a second collapse; barriers were installed to protect the upstream end of the culvert. The project includes replacing the existing culvert, with a 4'x4' concrete box culvert filled with 2' of natural material at culvert bottom, associated wing walls and rip rap. Pictures and plans along with the proposed erosion controls are reviewed. Water will be bypassed via pump with a turbidity curtain and temporary cofferdam upstream to block the flow. They propose to dam the downstream as a precaution to block the flow. The inverts of the original pipe and road elevations will remain the same. The alignment of the upstream angle has been adjusted to be perpendicular to the roadway. Adjustments will be required to relocate existing utilities under the culvert. A rip rap bank will be installed to stabilize the roadway and embankment area, a wetland replication area will be required. A wetland seed mix is proposed for the wetland replication area. The comments received from DEP are currently being addressed. The plan will be revised to include beaver dam protection to address abutter concerns.  Mr. Lynch states they need to know the hydraulic requirements of what flows under the culvert, how the full stream bank width fits the need and how they propose to comply with the standards. He does not believe it makes sense to review other details until the standards have been compiled with and believes the application to be insufficient.  Mr. Paul states the stormwater report states they will meet stream crossing standards to the maximum extent practicable. They are unable to meet them to the full extent because it will require the roadway to be raised by 2 to 3-feet. He believes this would have adverse effects to the stream, downstream.  The Commission discusses the direction of stream flow.  The Administrator states GIS and the contours indicate the culvert flows toward the Merrimack River.  Mr. Paul states the delineation of the watershed was based on Mass GIS digital elevation models.  Mr. Lynch states he believes under high water conditions the water flows towards Rea’s Pond. He does not believe the NACC has enough information to grant a waiver on the stream crossing standard. Conservation Commission Minutes 13-05-2020 Page 5 of 6 Approved 05/27/2020  The Commission agrees the applicant needs to conduct more work to demonstrate that the project is eligible to not meet the required stream crossing standards.  Mr. Manzi states once the upstream side has been determined he would like to see a beaver deceiver included in the revised plans to divert the beavers.  Mr. Lynch states the project will require a performance bond to insure compliance with the Order.  Mr. Napoli requests a cross section of the roadway depicting what they propose to put down to replace what has been removed.  Mr. Paul states they propose to replace the roadway in kind, a cross section will be provided. The road is expected to be closed approximately three weeks; signage will be posted well in advance of the roadway closing.  The Administrator reads an email from an abutter, Jim Dubney who would like to know how they proposed to prevent debris from clogging the opening of the culvert.  The Commission agrees that this was addressed earlier in the meeting.  The Administrator states she would like the replication area tucked inside WF b and WF b2, which is located away from the roadway and another replication area included between WF a2 and WF a1 to provide the wetland a breather from the shoulder of the roadway and provide hydrology.  The Commission agrees the Restoration Plan is to be coordinated with the Administrator in the future.  A motion to continue to May 27, 2020 is made by Mrs. Feltovic, seconded by Mr. Lynch.  Vote 6-0, Unanimous. Documents Abutter's List Mailing Receipt, AppD_DesignPlans, AppF_SWReport_BarkerStCulvert_NAndover_PrintVer, AppF_SWReport_BarkerStCulvert_NAndover, Application Checklist - Notice of Intent, Barker Street Culvert Replacement (NOI) - Final Legal, Legal Notice 05 04 20 - Public Notices, Legal Notice 05 04 20 - Tribune, NOI_BarkerStCulvert_NAndover_April2020, Notification to Abutters - Remote Meeting Discussion 242-1646, 1 High Street, East Mill Treatment (RCG)  The Administrator states the Commission issued a 5-year OOC governing an invasive vegetation management Aquatic Vegetation Management for the East Mill Pond, which expired in March 2020.  Tania Hartford, RCG states the extensions were granted upfront so there is no ability to extend the Order. They are seeking direction from the NACC prior to filing for a second NOI. They would like to be allowed to apply the first treatment done, which is typically done in May/June. She proposes they be allowed to perform the first treatment under an EO until they are able to file an NOI.  Mr. Mabon confirms the recommendation is for the treatment to continue and if they are treating the water and bank or just the water.  James Lacasse, Solitude Lake Management states he recommends for the treatments to continue. The treatments have been decreased since the beginning of the program. They are currently applying two to three treatments per year due to the decrease in densities. They are treating the phragmites plants located on the bank with a sprayer. The spray is deactivated once it hits the water. Annual reports have been provided as required.  Mr. Napoli states there is a plant below the water surface that they are unfamiliar with. He would like this plant to be included in the new NOI filing along with all the other plants they are trying to eliminate.  Mr. Lacasse states he believes the plant is curly-leaf pondweed which they are currently seeking approval to treat.  The Administrator states during a site inspection she noticed pipes discharging into the pond. She would like to meet the applicant on site to discuss the source.  Ms. Hartford states she would be happy to meet with the Administrator.  The Administrator expresses concerns with high e coli levels in the pond. Conservation Commission Minutes 13-05-2020 Page 6 of 6 Approved 05/27/2020  Mr. Lacasse states they have noticed the levels of e coli are a bit higher but does not feel they are too concerning at this time especially with what they typically see in the northeast ponds.  The Commission is satisfied with the analysis on the pond and treatment schedule. A new NOI filing must be submitted on or before July 1, 2020. The high levels of e coli are required to be addressed in the filing.  A motion to issue an Enforcement Order, which will expire on July 1, 2020, to allow for the first round of treatment, is made by Mr. Manzi, seconded by Mrs. Feltovic.  Vote 6-0, Unanimous. Documents ConCom Letter, 2020 Treatment, EastMillPd19_annualreport Enforcement Order/Violation 410 Summer Street (Loughran)  The Administrator states she has spoken with the consultant, they are almost ready to submit the NOI.  A motion to continue to May 27, 2020 is made by Mrs. Feltovic, seconded by Mr. Mabon.  Vote 6-0, Unanimous. Documents 12-11-2019 Meeting Materials 1806 Salem Street (Diamond)  The Administrator states measurements have been taken and the existing driveway is approximately 12’ x 46’. At the closest point, the driveway is 28-feet from the stream. There is no room for the driveway to be expanded towards the stream, expanding towards the house will entail extensive earthwork. The driveway in question is a secondary driveway; the main driveway is located on the far side of the house away from the stream.  The Commission discusses the unpermitted driveway and agrees that replacement of the existing driveway or expansion will require an NOI.  A motion to issue an Enforcement Order requiring a NOI to be filed within 30 days and allow the Administrator to sign on the Commissions behalf is made by Mr. Manzi, seconded by Mrs. Feltovic.  Vote 6-0, Unanimous. Documents 03-11-2020 Meeting Materials, 02-19-2020 Meeting Materials, 20200429_124945, 20200429_124911 Decision 242-1782, 800 Massachusetts Avenue (Worden)  The Administrator reviews the drafted Order of Conditions with the Commission.  The Commission discusses Condition #50, which is a pre-construction condition. Construction is required to be conducted during dry conditions. Conservation staff will be required on site periodically during the construction of the patio and at the start of drilling. The bond will be set in the amount of $3000. No fuel storage will be permitted on site, fuel delivery will be allowed. Mitigation plantings are required to have a 75% survivorship rate after two growing seasons. Mitigation plants are required to be allowed to naturalize. The grass will be allowed to be mowed twice per year with reports (date & time) required followed by staff inspection.  A motion to approve the Order of Conditions as drafted and amended and allow the Administrator to sign on the Commissions behalf is made by Mr. Manzi, seconded by Mr. Lynch.  Vote 6-0, Unanimous. Adjournment  A motion to adjourn at 9:31 p.m. is made by Mrs. Feltovic, seconded by Mr. Lynch.  Vote 6-0 Unanimous.