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HomeMy WebLinkAbout2020-09-23 Conservation Commission Minutes Page 1 of 8 Approved 10/14/2020 North Andover Conservation Commission Meeting Minutes September 23, 2020 Members Present: The following identified themselves as present on the call: Joseph W. Lynch, Albert P. Manzi, Jr., Vice Chairman, Louis A. Napoli, Chairman, John T. Mabon 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: 7:05 p.m. Quorum Present. The Administrator, Amy Maxner reads the following statement: ng Certain Provisions of the Open Meeting of people that may gather in one place, this meeting of the North Andover Conservation Commission will be conducted via remote participation to the greatest extent possible. Specific information and the general guidelines for remote participation by members of the public and/or parties with a right and/or requirement to attend this meeting can be found on the Town members of the public who wish to watch the meeting may do so on their televisions by tuning to Comcast Channel 8 or Verizon Channel 26 or online at www.northandovercam.org. No in-person attendance of members of the public will be permitted, but every effort will be made to ensure that the public can adequately access the proceedings in real time, via technological means. In the event that we are unable to do so, despite best efforts, we will post on the Town of North Andover website an audio or video recording, transcript, or other comprehensive recording of the proceedings as soon as possible after the meeting. If the public would like to participate in public hearings please email your question/comment prior to or during the meeting to amaxner@northandoverma.gov. The question/comment will be read during the proceedings and responded to accordingly. Acceptance of Minutes A motion to accept the minutes of the August 26, 2020 is made by Mr. Manzi, seconded by Mr. Lynch. Vote 5-0, Unanimous. Small Project NACC #262, 183 Cotuit Street (Mannarino) The Administrator states the filing is for an after-the-fact Small Project Permit. Work was observed at the stage of brick paver install preparation. The homeowner was instructed to cease work until the Administrator was able to consult with the Chairman. The homeowner is seeking approval for the installation of dry-laid granite and brick paver walkway and the installation of landscape planting beds and lawn. The closest area of work is one of the landscape beds, located 75-feet from the bank of an intermittent stream at the rear of the property, based on measurements taken in the field. No erosion was observed, the work is well contained between the street and front of the house. The Administrator recommends approval of the project as a Category "L" requiring a post construction site inspection with the Conservation Department. A motion to accept this as a Small Project L is made by Mr. McDonough, seconded by Mr. Mabon. Vote 5-0, Unanimous. A motion to approve the Small Project as proposed is made by Mr. McDonough, seconded by Mr. Mabon. Vote 5-0, Unanimous. 2020-09-23 Conservation Commission Minutes Page 2 of 8 Approved 10/14/2020 Documents Aerial Map, Mannarino walk rev, Project narrative, Small Project Checklist signed Request for Determination of Applicability Millpond Townhomes, Units 20-23 & 64 (Millpond Townhomes) The Administrator states the proposal includes the removal of approximately 180-lin. ft. of dilapidated/rotted post-and-rail fence located along a section of Cochichewick Brook. Installation of a new vinyl fence is proposed in the same location. The vegetation around the old fence will be cut back to prepare for the installation. The existing fence is located at the top of a steep embankment and is needed for safety and aesthetics. The work is within 200-foot Riverfront and 25-feet of the bank of the brook at the edge of existing common areas that experience routine mowing. All work will be completed by hand with no wheeled equipment. The new fence may act as a barrier to encroachment, trash disposal, and dumping. The Administrator recommends to close the hearing and issue a Negative #3 and #2 with the following conditions; vegetation shall be cut back and root systems kept intact, 4-inches of space between at the bottom of the fence to allow for critter migration, excavated soils are to be removed from the site immediately and disposed of properly, a post construction site inspection with the Conservation Department to verify compliance. Mr. Lynch requests wetland markers are installed on the fence. Mr. Mabon would like to know the condition of invasive species. He suggests a condition be added to DOA if treatment is needed. The Administrator offers to review the area more closely at the preconstruction meeting. A motion to issue a Negative Determination #3 and #2 as recommended (wetland markers, vegetation cut removal of invasive plants and post construction inspection) is made by Mr. McDonough, seconded by Mr. Mabon. Vote 5-0, Unanimous. Documents Certificate of Mailing - 091420, Millpond Townhomes - Legal Notice 09 16 20 - Public Notice, Millpond Townhomes - Legal Notice 09 16 20 - Tribune, RDA Application - 09-10-20 MA Bay Commuter Rail Right-of Way (Keolis) The Administrator states the applicant typically submits an RDA every 5-years for VMP. She reviews an determination whether the resources areas are accurate. The cover letter submitted by the applicant recommends the NACC issue a #2 determination that the work will not alter the resource areas and a #5 siting the work is exempt pursuant to 310 CMR 10.02(2)(a)(2). Mr. Manzi believes they should follow the recommendation provided by the MACC. Mr. Mabon would like to know if the applicant filed documentation on time and stayed within the requirement defined by the NACC from the previous VMP in 2016. The Administrator states the applicant has complied with the requirements set forth by the NACC and delivered documentation on time for the previous VMP. The Commission discusses how they would like to proceed with the proposal. A motion to issue Positive #1 is made by Mr. Manzi, seconded by Mr. McDonough. Vote 5-0, Unanimous. Documents Copy of MSMCP 8-12-20 MBTA PRESENTATION, MA Bay Commuter Rail - Legal Notice 09 16 20 - Public Notice, MA Bay Commuter Rail - Legal Notice 09 16 20 - Tribune, North Andover RDA Submission 2020-09-23 Conservation Commission Minutes Page 3 of 8 Approved 10/14/2020 The Administrator states the filing is for an after-the-fact RDA for work observed involving expanding the existing driveway. A violation letter was issued directing the homeowner to cease work, install erosion controls and have the wetlands delineated. The work involves conversion of lawn to permeable crushed stone driveway along the existing paved driveway. The crushed stone driveway is outside the 25- foot NDZ but inside the 50-foot NBZ. An alternatives analysis was provided; noting that moving the crushed stone strip to the other side of the driveway would require removal of an established stone wall and could impact the root system of a large tree at the mouth of the driveway. The wetland line was reviewed, and the Administrator is comfortable with the line as presented. The Administrator states that driveways are allowed under the regulations where there are no other alternatives that result in fewer impacts. Mr. Manzi would like to know what accounted for the projection of the wetland line between WF 3A-6A. The Administrator states the flag location was driven by soils, which appear to be original upland soils. Mr. Lynch requests additional information regarding the possibility of hydraulic connections from the two catch basins to the wetlands. He would like to know if the applicant expressed any desire to install pavement vs. gravel. The Administrator states the applicant requested to install gravel. 7:40 p.m., Mr. Mabon experiences technical difficulties. 7:42 p.m., Mr. Mabon rejoins the call. The Commission discusses how to protect the wetland in perpetuity, not just during construction. Mr. Napoli states there are other options which were not presented in the waiver request. Maureen Herald, Norse Environmental states the catch basin near the street primarily collects runoff from Mill Road and is not visible 7-8 months out of the year. The catch basin fills with dirt and sediment and is not cleaned out on a consistent basis by the town. The street catch basin is approximately 11-feet off the driveway. The catch basin at the rear of the property is approximately 6-feet off the proposed gravel area. The plan depicts a lawn area to serve as a buffer between both of the catch basins and the proposed gravel edge. The purpose of the gravel driveway is to minimize the impact and allow for additional vehicles to park. The owner's intent is to utilize the driveway as a storage area and additional parking. The Commission discusses the proposal. Mr. Lynch and Mr. Manzi agree if the applicant does things differently the NACC might be more inclined to approve the proposal. Mr. Mabon states he is in favor of granting the waiver. He expresses concerns about fines runoff from the gravel. Mr. McDonough and Mr. Napoli are not in favor of the waiver request. They believe there are alternatives that should be considered. Ms. Herald states there is an existing field stone wall that runs along the property line and that work has not affected the Resource Area. She requests a continuance to discuss the options with the homeowner. A motion to continue to October 14, 2020 is made by Mr. Manzi, seconded by Mr. Mabon. Vote 5-0, Unanimous. Documents 190 MILL RD, 190 Mill Road - Legal Notice 09 16 20 - Public Notice, 190 Mill Road - Legal Notice 09 16 20 - Tribune, doc20200910084124, doc20200929141023 Notice of Intent (NOI) 242-1787, 135, North Ramp Road (Positive Star Realty, DeRosa) The Administrator states the applicant has requested a continuance. A motion to continue to October 28, 2020 is made by Mr. Lynch, seconded by Mr. Manzi. Vote 5-0, Unanimous. Documents Email from dcowell@hancockassociates.com requesting a continuance until 10/28/20 2020-09-23 Conservation Commission Minutes Page 4 of 8 Approved 10/14/2020 242-1794, 335 Willow Street (Muffin 3X, LLC) This item is taken out of order. The Chairman states the applicant has requested a continuance. A motion to continue to October 14, 2020 is made by Mr. Manzi, seconded by Mr. Lynch. Vote 5-0, Unanimous. Documents Email from john@morincameron.com requesting a continuance until 10/14/20 242-1795, 597 Foster Street (Bradstreet) This item is taken out of order. The Chairman states the applicant has requested a continuance. A motion to continue to October 14, 2020 is made by Mr. Manzi, seconded by Mr. McDonough. Vote 5-0, Unanimous. Documents Email from norseenvironmental@verizon.net requesting a continuance until 10/14/20 242-1792, 137, 113-115 Andover Street, Stevens Coolidge Place (TTOR) The Administrator states all of the Commission members have visited the site and additional information was requested based on-site observations. Mike DeRosa, DeRosa Environmental Consulting provides a brief update on the items requested by the NACC. They will submit a narrative and revised plan for the next meeting. Mr. Napoli would like to know if there are any abutters that would like to be heard. The Administrator states they have received no abutter comments via email. A motion to continue to October 14, 2020 is made by Mr. Mabon, seconded by Mr. Lynch. Vote 5-0, Unanimous. Documents 8-12-2020 Meeting Materials, 8-26-2020 Meeting Materials 242-1783, 1160 & 1116 Great Pond Road (Brooks School) The Administrator states the Planning Board closed and issued a Site Plan Review and Watershed Special Permit decisions. An OOC has been drafted for consideration by the NACC. The consultant expressed concern over possible conditions prohibiting mowing of the wet meadow and required monumentation of the 25-foot NDZ. The school would prefer to keep Wetland Series A & D in a wet meadow state and allow annual mowing. The school prefers weather resistant monuments as opposed to a stone wall to maintain an uninterrupted viewscape. Mr. Mabon would like to know if the field is currently a wet meadow that is periodically mowed. The Administrator confirms it is currently a wet meadow that the applicant would like to preserve. Anthony Cleaves, Whitman & Bingham Associates states the applicant would prefer not to have a stone wall in order to preserve the existing natural character of the open field. The new driveway is approximately 55-feet with the closest corner approximately 35-feet away from the wet meadow. They prefer monument posts with signage to mark the 25-foot NDZ, with once a year mowing to prevent woody vegetation. The Commission discusses the request. They agree to allow annual mowing of the wet meadow after nesting season and a stone wall will be required to mark the 25-foot NDZ. Andrew Leonard, the architect for the applicant requests clarification on the extent of the stone wall. The Commission agrees the wall is required along the 25-foot buffer between WF 1A-9A. A motion to close and issue in 21 days is made by Mr. McDonough, seconded by Mr. Lynch. Vote 5-0, Unanimous. Documents 03-25-2020 Meeting Materials, 08-26-2020 Meeting Materials, 09-09-2020 Meeting Materials 2020-09-23 Conservation Commission Minutes Page 5 of 8 Approved 10/14/2020 Amendments 242-1766, 1600 Osgood Street (Hillwood Enterprises, LP) The Administrator states the third-party review peer comments have been adequately addressed. The Planning Board anticipates they will close the public hearing at their October 6th meeting. There have been minor changes to the plan set based on the third-party peer review letter. A letter was received from the abutter at 351 Holt Road stating they are comfortable with the project. The letter stresses a need for maintenance of stormwater BMPs through the system. Mr. Napoli would like to know if the abutter was provided with a copy of the O&M Plan. along with some additional documentation. The abutters concerns are with structures outside of the project scope and off of the project. The O&M Plan is for the proposed construction area, not the structures that they are not affecting off of the project property. They are currently discussing the idea of the private matter with a maintenance agreement with the abutters. The Commission discusses the O&M Plan and how best to proceed with the abutters concerns. Mr. Langan describes the structure that the abutter is concerned with. The project property contributes approximately 80 of the 290 acres. The structure is approximately 100-feet off the project parcel. Mr. McDonough states it would be difficult to compel parties to join an agreement to modify something Mac Utsey, Hillwood Enterprises states from a stormwater perspective the abutter is satisfied the project is not a detriment to their property. The only outstanding issue is the request for shared maintenance. The Administrator states the abutter is making a request to the applicant, not the NACC regarding maintaining both the stream and culverts. She doesn't feel the Commission has the legal obligation to require an agreement. The Commission agrees to have the third party verify if the project parcel is a zero net run off or lower and verification of the design inputs. The Commission discusses the changes to the plan and agrees they are satisfied with the new information supporting groundwater separation. 9:01 p.m., Mr. Napoli experiences technical difficulties. 9:02 p.m., Mr. Napoli rejoins the call. A motion to continue to October 14, 2020 is made by Mr. Manzi, seconded by Mr. Lynch. Vote 5-0, Unanimous Documents 9-9-2020 Meeting Materials, 2020-09-16 Full Set 1600 Osgood Street 140182701, 200921_4th_Modification_ Stormwater Peer Review_1600 Osgood St, North Andover - Geotechnical Engineering Report, North Andover 1600 Osgood St Stormwater Management Report 2020-09-16, Response to Comment Memo 9-16-20 Minor Modification 242-1760, 4 High Street (AvalonBay Communities, Inc.) The Administrator states the applicant is seeking a Minor Modification to the OOC. The applicant has reduced the on-site parking which results in a reduction of .079 acres of impervious surface. They have eliminated 150-lin. ft. of retaining wall and provide a vegetated slope. The infiltration systems were changed from plastic chambers to concrete. Both of the systems will have increased storage capacity, the bottoms of systems will remain in the same location as the previously approved plan. A portion of the parking space removal and vegetated slope are in the outer reaches of the Buffer Zone. All changes were reviewed and approved by third party peer review. The Planning Board has approved all of the modifications as an insubstantial change. A motion to approve the Minor Modification as proposed is made by Mr. Lynch, seconded by Mr. Mabon. 2020-09-23 Conservation Commission Minutes Page 6 of 8 Approved 10/14/2020 Vote 5-0, Unanimous. Documents L_Avalon_ConCom_Request to Amend Order of Conditions Enforcement Order/Violation 1470 Forest Street Ext. (Picariello) The Administrator states an updated wetland report was received. One area which was noted as an identifiable wetland fill coincides with a DEP Wetland Change Map from 2001. This map estimates the area behind the house to be approximately 2,830-s.f. of impact to BVW. The wetland report asserts that the fill was a result from deadfall and microbursts in the area. The Administrator believes that this is a combination of this as well as purposeful dumping from construction debris and perhaps more recent activity by a landscape contractor that is operating on site. They have proposed to excavate this area out and restore it with a wetland seed mix. The wetland scientist proposes to conduct test pits on the second area which was identifiable as wetland fill. The Administrator would like to be on site while the test pits are conducted to determine if the area of impact is in wetland or in Buffer Zone. The report asserts that activity on site pre-dated DEP's Buffer Zone Policy and the Bylaw. She states that versions of the Bylaw morphed, with the 1987 version adding the "Buffer Zone" as a protected area. The Administrator requests an opportunity to visit the site again with the wetland consultant one more time to make sure there aren't any other measures needed to restore the wetland impacts. She requests the NACC provide direction as to whether a formal surveyed plot plan will be required. Mr. Napoli expresses concerns that a landscaper was continuing to dump materials during an ongoing EO. Mr. Lynch would like to know the Administrators opinion regarding the recent activity by the landscaper. The Administrator states the activity is in the same location as the wetland change area. She states she cannot speak to whether or not the landscaper has ceased activities. The Inspector of Buildings issued a cease and desists; this activity is not permitted in a residential zone. Mr. Manzi states if activities have not stopped, they are in violation of the cease and desist letter issued by the NACC on March 13, 2020. The Administrator states at the July 2020 site inspection it did not appear that any new debris had been dumped. The Commission discusses the EO and agrees to another site visit and a surveyed plot plan will be required. The Commission directs the Administrator to remind the applicant that all activities must cease and desist which includes any other agents of the owner. A motion to amend the Enforcement Order as proposed is made by Mr. Manzi, seconded by Mr. Mabon. Vote 5-0, Unanimous. Documents 3-25-2020 Meeting Materials, 7-22-2020 Meeting Materials, 1470 Forest St. Ext. Wetland Report - 09- 15-20 - J. Dick 242-1751, 2017 Salem Street (a.k.a 2051 Salem Street) (Sestito/Innis) The Administrator provides some background information on the EO requiring restoration of the stone trench along the lower section of the driveway. The soil and plantings were removed, and stones installed. The stones are not in compliance with the specification on the detail plan, which calls for a 6" minus rip rap. The homeowner was provided with a copy of the approved plan and detail sheet via email. In the email the Administrator pointed out that there was a specification for the rip rap. The Administrator does not feel the small stone will hold up in large storm events which will likely cause washout and erosion issues. rap. She requests to have the Administrator show her the location where the stone should be placed. 2020-09-23 Conservation Commission Minutes Page 7 of 8 Approved 10/14/2020 Administrator to relay the proper information. A motion to continue to October 14, 2020 is made by Mr. Manzi, seconded by Mr. Mabon. Vote 5-0, Unanimous. Documents 242-1751 EO - Restore Swale - 2017 Salem Street Certificate of Compliance 242-1751, COC Request, 2017 Salem Street (a.k.a 2051 Salem Street) (LRC Builders) This item was discussed along with the Enforcement Order. A motion to continue to October 14, 2020 is made by Mr. Manzi, seconded by Mr. Lynch. Vote 5-0, Unanimous. Documents 8-12-2020 Meeting Materials, 8-26-2020 Meeting Materials, 20200917_081239, 20200917_081239 242-1723, 67 & 87 Molly Towne Road (a.k.a Kelsey Lane, Lots 2 & 3) (RDM Kelsey, LLC) The Administrator states they received a signed affidavit from the homeowners. A motion to issue a full Certificate of Compliance is made by Mr. Manzi, seconded by Mr. Mabon. Vote 5-0, Unanimous. Documents 8-12-2020 Meeting Materials 242-628, PCOC Request, 66 Meadowood Road (Callwood) The Administrator provides some background on the previous denial for Partial Certificate of Compliance. The new homeowners' attorney has come back with a request and an opinion that the denial is not based on any condition found in the OOC. Town Counsel has reviewed the request and agrees with the applicant's attorney. The Town Engineer stated in a conversation with the Administrator that the roadway was accepted by the Town in 2000. It is his opinion that the maintenance of the drainage structures is the Town's responsibility. Mr. Lynch would like to know if there is an outstanding bond for the subdivision. Mr. Manzi suggests meeting with the current Town Manager and Town Counsel regarding seizing bonds. A motion to issue a Partial Certificate of Compliance is made by Mr. Manzi, seconded by Mr. Mabon. Vote 5-0, Unanimous. Documents 66 Meadow Road Sept. 2020 CofC Request 242-628, Meadowood OOC #242-628 General/New/Old Business 2020 Hunting Dates (October 5th - November 28th) The Administrator states hunting dates in Zone 10 will be October 5th - November 28th. The Department Assistant is coordinating with Information Technology to get the applications online. Mr. Manzi would like to know if the hunters are still required to complete a survey from the previous year. The Administrator states this is still a requirement by the Conservation Department before being allowed to apply for the current season. Mr. Lynch expresses concerns about the permitting going on-line. The Commission agrees it would be best to continue with paper permits for another season. Royal Crest Redevelopment Con Com Working Group The Chairman states they are looking for a subcommittee for the Royal Crest Redevelopment. Mr. Lynch would like to know if there is currently an application before the NACC. 2020-09-23 Conservation Commission Minutes Page 8 of 8 Approved 10/14/2020 Mr. Napoli states an application has not been submitted but he feels a subcommittee would be helpful. Mr. Lynch states the Commission can only give feedback, not design the project. Manzi, Lynch and Napoli agree to serve on the working group. The Commission agrees they would prefer to receive guidance from the Town Manager before moving forward with meetings of a subcommittee. Decisions 242-1783, 1160 & 1116 Great Pond Road (Brooks School) The Administrator reviews the drafted Order of Conditions with the Commission. The Commission discusses annual mowing to be done by a date certain. A stonewall with wetland markers is required along the 25-foot buffer between WF 1A-9A. The bond will be set in the amount of A motion to approve the Order of Conditions as drafted and amended is made by Mr. Lynch, seconded by Mr. Mabon. Vote 5-0, Unanimous. 242-1781, Osgood Street - Rt. 125, Sidewalk Extension (North Andover DPW) The Administrator reviews the drafted Order of Conditions with the Commission. The Commission discusses Condition #33. The bond will be set in the amount of $5,000.00. A motion to approve the Order of Conditions as drafted and amended is made by Mr. Manzi, seconded by Mr. Mabon. Vote 5-0, Unanimous. Signature Authorization - Permits Issued at the 9/23/2020 Meeting The Administrator states a vote needs to be taken authorizing her to sign decisions, permits and forms on behalf of the Commission for the following; o Small Project for 183 Cotuit Street, Determination of Applicability for Millpond Townhomes, Units 20-23 & 64 and MA Bay Commuter Rail Right-of-Way, Minor Modification for 4 High Street, Amended Enforcement Order for 1470 Forest Street Ext., Certificate of Compliance for 67 & 87 Molly Towne Road, Partial Certificate of Compliance for 66 Meadowood Road and Order of Conditions for 1160 & 1116 Great Pond Road and Osgood Street - Rt. 125, Sidewalk Extension. A motion to allow the Administrator to sign the permits as proposed is made by Mr. McDonough, seconded by Mr. Mabon. Vote 5-0, Unanimous. Adjournment A motion to adjourn at 10:20 p.m. is made by Mr. Manzi, seconded by Mr. McDonough. Vote 5-0 Unanimous. 2020-09-23 Conservation Commission Minutes