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HomeMy WebLinkAbout2021-10-13 Conservation Commission Minutes Page 1 of 8 Approved 1112212021 North Andover Conservation Commission Meeting Minutes October 13,2021 Members Present: John T. Mabon, Sean F. McDonough, Louis A. Napoli, Chairman, Albert P.Manzi, Jr.,Vice Chairman, and Joseph W. Lynch Members Absent: Anthony Capachietti Staff Members Present: Amy Maxner, Conservation Administrator,Taylor Andrews,Field Inspector Meeting came to Order at: 7:02 p.m. Quorum Present. Pledge of Allegiance Acceptance of Minutes • The minutes for the September 29,2021,meeting are not ready for review. Notice of Intent(NOI) 242-1822,45 Cotuit Street(Seaport Homes LLC) • The Administrator states the Applicant has requested a continuance. • A motion to continue to October 27, 2021,is made by Mr. Manzi, seconded by Mr. Lynch. • Vote 5-0,Unanimous. Documents Email from bosgood&rangereng.com requesting a continuance until 10127121 Notice of Intent(NOI) 242-1816,325 Johnson Street(Sparks) • The Administrator states the Applicant has requested a continuance. • A motion to continue to October 27, 2021,is made by Mr. Lynch, seconded by Mr. Mabon. • Vote 5-0,Unanimous. Documents Email from jacksull53kcomcast.net requesting a continuance until 10127121 Notice of Intent(NOI) 242-1826,175 Old Cart Way(Patel) • The Administrator states the Applicant has requested a continuance. • A motion to continue to October 27, 2021, is made by Mr. Lynch, seconded by Mr. Mabon. • Vote 5-0,Unanimous. Documents Email from dcowellkhancockassociates.com requesting a continuance until 10127121 Notice of Intent(NOI) 242-1787, 135 North Ramp Road(DeRosa) • The Administrator states the Applicant has requested a continuance. • A motion to continue to October 27, 2021, is made by Mr. Mabon, seconded by Mr. McDonough. • Vote 4-1 (In Favor: McDonough, Manzi, Mabon, Lynch, Abstained:Napoli). Documents Email from m miller(a)lawrencemunicipalairport.com requesting a continuance until 10127121 Notice of Intent(NOI) 242-1820,227 Berry Street(Brunette) 2021-10-13 Conservation Commission Minutes Page 2 of 8 Approved 1112212021 • The Administrator states a revised plan was received. The plan depicts an in-kind replacement of the porch, no increase into the 25-foot NDZ. A waiver request is no longer required since this is an in-kind replacement. Plantings are shown on the plan within the area of the wetland that is currently being mowed as lawn. Photos were provided to show the removal of the hot tub violation discussed at the previous meeting. • Bob Prokop,Wetland Consulting Services and John Brunette,the homeowner are present for questions. • A motion to close and issue in 21 days is made by Mr. McDonough, seconded by Mr. Manzi. • Vote 5-0,Unanimous. Documents 09-08-2021 Meeting Materials, 09-29-2021 Meeting Materials, 227 Berry St Supplemental info.10.12.21, Photo Hot Tub Removed Enforcement OrderNiolation 920 Johnson Street(Whitehead) • The Administrator provides background on the Enforcement Order. All seven(7)wetland markers have been installed; a couple of the markers will require slight adjustments. All offending materials have been removed from the 25-foot NDZ. The Administrator recommends lifting the Enforcement Order. • Thorsen Akerley,Williams& Sparages is present on behalf of the Applicant. • A motion to lift the Enforcement Order is made by Mr. Lynch, seconded by Mr. Manzi. • Vote 5-0,Unanimous. Documents 920 Johnson-2nd Amended EO October 4, 2021, 920 Johnson-EO August 12, 2021 Notice of Intent(NOI) 242-1829,920 Johnson Street(Whitehead) • The Administrator presents the proposal for the installation of an in-ground swimming pool with associated patio. The proposed pool patio is 53-feet from the BVW. The Applicant is proposing to relocate the fence in the backyard towards the front corner of the house. The stockpile and construction access is depicted on the plan. The pool equipment is proposed to be located on the landward side of the pool. The wetland line was previously reviewed under the RDA. • Thorsen Akerley,Williams& Sparages is present on behalf of the Applicant. • Mr. Lynch cautions the Applicant regarding the patio size given the proximity to the 50-foot NBZ. • Mr.Napoli states if there are any changes to the plan Conservation Staff must be notified. • Mr. Mabon confirms the raised garden beds have been removed. • A motion to close and issue in 21 days is made by Mr. Manzi, seconded by Mr. Lynch. • Vote 5-0,Unanimous. Documents Abutters List 09 30 21, Certified-Return Receipts, Notice oflntent- 920 Johnson Street, Plan to Accompany a Notice oflntent-920 Johnson Street Notice of Intent(NOI) 242-1823,292 Candlestick Road(Billings) • The Administrator provides background on the proposal.A revised plan has been submitted depicting a stone wall to mark the 25-foot NDZ as requested by the NACC. Other changes include a proposed generator at the east side of the house, outside the 50-foot NBZ. • Thorsen Akerley,Williams& Sparages is present on behalf of the Applicant. • Mr. Lynch confirms the Commission did not require action to be taken regarding the wooden platforin. • The Administrator states the NACC did not require any action to be taken. • A motion to close and issue in 21 days is made by Mr. Mabon, seconded by Mr. Lynch. • Vote 5-0,Unanimous. Documents 08-11-2021 Meeting Materials, 09-29-2021 Meeting Materials, 292 Candlestick Road-Revised NOI Plan, 292 Candlestick Road-Revised NOI 3 2021-10-13 Conservation Commission Minutes Page 3 of 8 Approved 1112212021 Notice of Intent(NOI) 242-1828,290 Webster Woods Lane(Soucy) • The Administrator presents the proposal for lawn expansion at the rear of the property. Approximately 180-s.f of work is within the 100-foot Buffer Zone,work is approximately 69-feet from the BVW. The wetland line was reviewed, and staff agreed with the delineation. Some grading is proposed within the existing lawn. No fencing was proposed, stockpile and construction access is depicted on the plan. • Thorsen Akerley,Williams& Sparages is present on behalf of the Applicant. • Mr. Lynch confirms no impervious surfaces are proposed. • The Administrator confirms the proposal is for pervious forested land converted to pervious lawn area. • Jeffrey Soucy,the homeowner, states he understands adding impervious areas would require a follow-up application. • Mr. Manzi reminds the Applicant that all activities must stay outside the 50-foot NBZ. • Mr. Mahon states all work must remain within the defined limit of work. • A motion to close and issue in 21 days is made by Mr. Manzi, seconded by Mr. Mahon. • Vote 5-0,Unanimous. Documents 20211006_114317, Certified-Return Receipts, Notice oflntent-290 Webster Woods Lane, Plan to Accompany a Notice oflntent-290 Webster Woods Lane Notice of Intent(NOI) &Enforcement Order/Violation 242-1827,60 Campbell Road(Sahagian) • The Administrator states the filing is a result of an Enforcement Order issued for the removal of trees and grading for anticipated landscaping. She presents the proposal for restoration of the 25-foot NDZ. The current erosion controls due to the EO must be maintained. • Mr. Manzi questions if a restoration/replication area could be a pre-construction condition. • The Administrator agrees conducting the restoration under an EO would be expedient, allowing the Commission to permit the other amenities under the Order. • Thorsen Akerley,Williams& Sparages states the Applicant has requested to stabilize the slope before winter. • The Commission discusses the proposal and how to proceed. • Mr.Napoli states the Commission typically requires a barrier to mark the 25-foot NDZ. • Mr. Lynch notes it appears some of the disturbance is on an abutting property. • The Administrator states that abutter is aware of the encroachment and has signed the NOI application. • Mr. Akerley requests the NACC consider posts with wetland markers due to the planting plan proposed. • The Commission agrees a physical barrier is required and discusses the location due to the slope. They agree the Applicant must present a proposal for a low profile physical barrier at the top of the slope. • The Administrator requests the proposed barrier not to create additional shade. The Administrator reviews the recommendations made by the Field Inspector for slope restoration. Extra care is required to remove the fill around the buried tree trunks. • Mr. Lynch questions whether the trees will require wells around them. • The Field Inspector recommends they carefully remove the fill by hand around the tree and drip line. • Mr.Napoli questions whether they have spoken with Natural Heritage regarding the proposal. • Mr. Akerley states they have been in contact with Natural Heritage and are waiting on their response. • Mr. Lynch questions if there is any risk to the Resource Area if the site is left unstable. • The Administrator states that there is no active erosion at this time, erosion controls are in place. • The Commission discusses the Violation and agrees to draft an EO allowing the stabilization of the slope subsequent to the approval of Natural Heritage. • Mr. Akerley requests to continue to the next meeting. • A motion to draft an Enforcement Order and stay the execution of the Enforcement Order pending release by Natural Heritage is made by Mr. Manzi, seconded by Mr. Lynch. • Vote 5-0,Unanimous. • A motion to continue to October 27, 2021, is made by Mr. Manzi, seconded by Mr. Lynch. 2021-10-13 Conservation Commission Minutes Page 4 of 8 Approved 1112212021 • Vote 5-0,Unanimous. NO]Documents Certified-Return receipts, Notice oflntent- 60 Campbell Road, Plan to Accompany a Notice oflntent- 60 Campbell Road_R1, Plan to Accompany a Notice oflntent- 60 Campbell Road, WPA Signature Page (60& 80 Campbell Road) EO Documents 09-08-2021 Meeting Materials, 09-29-2021 Meeting Materials Request for Determination of Applicability 19 Commonwealth Avenue (Ascencio) • The Administrator provides background on the proposal. The Applicant is seeking to install a new 336-s.f. deck with stairs at the rear of the house. The deck will be supported by a combination of nine (9) footings and attached to the corner of the house with lag bolts. Proposed work is located within the 200-foot Riverfront Area to the Shawsheen River. The Field Inspector confirms the work is located 126-feet from the fringe BVW to the Shawsheen. She recommends issuing a Negative Determination#3 &#2 with conditions. • Maximo Guerrero,MACE Contracting is present on behalf of the Applicant. • Erika Martin, an abutter, questions if the property line is depicted on the proposed plan. • Mr. Guerrero states the proposed deck addition is on the right side of the house. • Mr. Mabon would like the setback to the wetland documented as part of the RDA application. • The Administrator states an aerial overview with measurements was included in the Small Project(NACC #284)application. An aerial overview for the Small Project is presented for review. • The Commission reviews the aerial photo and requests the graphic be annexed and part of the record drawing. • 7:55 p.m. Mr. McDonough leaves the meeting. • A motion to issue a Negative Determination#3 &#2 with conditions as recommended and amended(pre& post inspections, excavated soils removed from site and graphic to be annexed)is made by Mr. Manzi, seconded by Mr. Lynch. • Vote 4-0,Unanimous. Documents Commonwealth 19 GIS Aerial, Commonwealth 19 RDA Plan, Commonwealth 19 RDA Plot Plan, RDA Application with Supporting Materials 09 24 21 Abbreviated Notice of Resource Area Delineation 242-1824,177 Great Pond Road(Strecker) • The Administrator states the Applicant has requested a continuance. • A motion to continue to October 27, 2021, is made by Mr. Manzi, seconded by Mr. Lynch. • Vote 4-0,Unanimous. Documents Email from norseenvirontnental(a�verizon.net requesting a continuance until 10127121 Modification 242-1770,456 Summer Street(Carlstrom) • The Administrator states the Applicant has requested a continuance. • A motion to continue to October 27, 2021, is made by Mr. Lynch, seconded by Mr. Manzi. • Vote 4-0,Unanimous. Documents Email from norseenvironmentalkverizon.net requesting a continuance until 10127121 Modification 242-1821,217 Gray Street(M.P.Murphy Builders,LLC) 2021-10-13 Conservation Commission Minutes Page 5 of 8 Approved 1112212021 • The Administrator provides background on the proposal. The Applicant recently obtained ZBA approval for side setback relief for a proposed garage. They are requesting a Modification to allow the construction of the garage, outside of the 50-foot NBZ. • The Commission discusses the erosion controls which have been installed per the approved plan. • Matt Murphy, M.P. Murphy Builders &Paul Miller,the homeowner, are present for questions. • A motion to approve the Modification as proposed is made by Mr. Manzi, seconded by Mr. Lynch. • Vote 4-0,Unanimous. Documents 217 Gray St Modification App Modification 242-1754,326 Campbell Road(Carolina Properties,LLC) • The Administrator provides background on the proposal. The Applicant is seeking an after-the-fact Modification for the installation of a patio which encroached into the 75-NBZ to suspected ephemeral pool. Per the recommendation of the Administrator and Chairman,the Applicant engaged a wetland consultant to investigate the water body for ephemeral pool function. A thorough analysis was conducted by William Manuell of Wetlands&Land Management, confirming this is not an ephemeral pool as he found schools of fish and provided other documentation that supports a pond habitat. • Mr. Manzi requests that the evaluation be added to the record/decision. • 8:03 p.m. Mr. McDonough rejoins the meeting. • A motion to approve the after-the-fact Modification as proposed is made by Mr. Mabon, seconded by Mr. Lynch. • Vote 4-1 (In Favor: Mabon,Napoli, Manzi,Lynch,Abstained:McDonough). Documents 2021-09-21_rnodification_after the fact,Application_Request for Modification,As-Built Campbell Rd, B. Manuell Investigation Report on VP at 326 Campbell Certificate of Compliance 242-1754,326 Campbell Road(Carolina Properties,LLC) • The Administrator states the only outstanding issue was the patio which just received approval for an after- the-fact Modification,the project is now eligible for a COC. The project has been completed and is in compliance with the OOC. • A motion to issue a full and final Certificate of Compliance is made by Mr. Lynch, seconded by Mr. Manzi. • Vote 5-0,Unanimous. Documents 2021-07-14 Requestfor Certificate of Compliance,As-Built Campbell Rd Modification 242-1819,255 Stevens Street(Howlett) • The Administrator provides background on the project. The Applicant is proposing to install a retaining wall at the west end of the pool to retain the cut in slope and create a swale between the foot of the wall and the pool to accommodate drainage. All of the proposed work is outside the 50-foot NBZ with some grading at edge of the 50-foot NBZ. A cross section of the retaining wall has been provided. A pre-construction meeting has been performed and erosion controls are in place. • The Commission reviews the proposal. • Matt Schweisberg,Wetland Strategies & Solutions, LLC is present for questions. • A motion to approve the Modification as proposed is made by Mr. Manzi, seconded by Mr. Lynch. • Vote 5-0,Unanimous. Documents Mowlett.ModifieationReq.ConComm l 0.05.2021 Certificate of Compliance 2021-10-13 Conservation Commission Minutes Page 6 of 8 Approved 1112212021 242-1739,Partial COC,Rea Street Subdivision(RDM,Rea Street LLC) • The Administrator states the Applicant has requested a continuance. • A motion to continue to October 27, 2021,is made by Mr. Lynch, seconded by Mr. Mabon. • Vote 5-0, Unanimous. Documents Email from bosgood&rangereng.coin requesting a continuance until 10127121 Certificate of Compliance 242-1755,Rea Street,Lots 4-7(RDM,Rea Street LLC) • The Administrator states the Applicant has requested a continuance. • A motion to continue to October 27, 2021,is made by Mr. Lynch, seconded by Mr. Mabon. • Vote 5-0,Unanimous. Documents Email from bosgoodgrangereng.corn requesting a continuance until 10127121 Certificate of Compliance 242-1060,211 Boxford Street(Cronin) • The Administrator provides background on the Order issued in April of 2001. An As-Built Plan, Certification Letter and request for Certificate of Compliance were submitted in 2003. This request was never presented to the NACC for approval. The project has been completed and is in compliance with the OOC. • The Commission reviews the request. • A motion to issue a full and final Certificate of Compliance is made by Mr. Mahon, seconded by Mr. Manzi. • Vote 5-0,Unanimous. Documents As-Built Plan Rev 07 30 03, COC Request Letter 09 26 21, COC Request Materials 2003, Subsurface Septic Disposal Plan 0129 02 Small Project NACC#287,465 Rea Street (Hall/Levenberg) • The Administrator presents the proposal for the rehabilitation of the lawn, and construction of a 136-s.f. walkway. The proposed walkway is outside the 50-foot NBZ, and the lawn rehab is within the existing footprint of the developed lawn area. The Administrator recommends approval of the project under Category "L" requiring maintenance of existing erosion controls until fully stabilized and post construction inspection. • The Commission reviews the proposal for the walkway and lawn rehabilitation. • A motion to accept this as a Small Project"L"with conditions as recommended is made by Mr. McDonough, seconded by Mr. Lynch. • Vote 5-0,Unanimous. Documents Small Project Application with.Supporting Materials 09 20 21 Small Project NACC#288, 160 Bridle Path (Morgan) • The Administrator presents the proposal for an in-kind deck replacement. Helical piles are proposed if the deck is accessible to the helical machine, otherwise 12-inch sonotubes are proposed at a minimum depth of 48-inches. The deck is located on the opposite side of the house from the wetland. The Field Inspector confirms the deck is approximately 70-feet from the BVW. The Administrator recommends approval of the project under Category"B" requiring pre and post construction inspection and excavated soils be removed from site. • A motion to accept this as a Small Project`B"with conditions as recommended is made by Mr. McDonough, seconded by Mr. Lynch. • Vote 5-0,Unanimous. Documents 2021-10-13 Conservation Commission Minutes Page 7 of 8 Approved 1112212021 20211005_121855, Small Project Application with Supporting Materials 09 20 21 Enforcement Order/Violation 64 Nutmeg Lane(Madsen) • The Administrator states she researched the subdivision file(242-784)which received a complete COC. The homeowners have secured the services of a wetland consultant and are moving forward with a new delineation as directed. Some of the cutting occurred within the 25-foot NDZ. • Mr.Napoli states the Enforcement Order needs to be cleaned up before an NOI can be filed. • The Commission discusses the Enforcement Order and agrees they need to wait for the delineation. • A motion to continue to October 27, 2021,is made by Mr. Manzi, seconded by Mr. McDonough. • Vote 5-0,Unanimous. Documents 09-29-2021 Meeting Materials Enforcement Order/Violation 242-1692, 1210 Osgood Street(Princeton Properties Management/LIPT Osgood Street,LLC) • The Administrator states the Applicant has requested a continuance. • A motion to continue to October 19, 2021, is made by Mr. Manzi, seconded by Mr. Lynch. • Vote 5-0,Unanimous. Documents Email from ibrown.princetonproperties.com requesting a continuance until 10119121 Enforcement Order/Violation 40 Flagship Drive(DWT Holdings,LLC) • The Administrator states the Applicant is not present but plans to attend the meeting. She states she has reached out to the Applicant to find out when the survey will be completed to make sure the basin bottom is correct but received no response. The basin has been cleaned out and the control structure installed but not on- line. The wetland consultant is getting ready to submit the Notice of Intent for the November 17th meeting. Mr. Lynch states he believes that interim As-Built Plans are required before moving forward. Mr.Napoli expresses concerns with allowing additional work to be performed without an OOC in place. • 8:32 p.m. The discussion is tabled until the Applicant arrives. • 8:47p.m. The discussion resumes. William Linskey, DWT Holdings, LLC is present. He states they have GPS modeling built into the equipment which runs off the CAD files. He offers to add stakes to the site so the Commission can see the elevations. • The Commission discusses the Enforcement Order and agrees the Applicant has made great progress. However,now that the property is jurisdictional a Notice of Intent must be submitted and an OOC issued and satisfied before the foundation for the building will be considered. The NOI will also include restoration of the stormwater management area and the downstream impacts and the restoration of the impacts. • Mr. Linskey states without installing the foundation the top of the site cannot be stabilized before winter. • A motion to continue to October 27, 2021,is made by Mr. Manzi, seconded by Mr. McDonough. • Vote 5-0,Unanimous. Documents 07-14-2021 Meeting Materials, 08-11-2021 Meeting Materials, 09-08-2021 Meeting Materials, 09-29-2021 Meeting Materials, 20211013_131701, 20211013_131916, 20211013_132045 Approval of 2022 Conservation Commission Calendar • The Commission reviews the draft calendar with the Administrator. • The Commission discusses the possibility of appointing a new member with no experience as an associate. • Mr. Lynch states depending on how the bylaw is written associate members are allowed to participate in discussion/debate and to vote when there is no other basis to form a quorum. • Mr. Manzi directs the Administrator to review the MACC Handbook for reference. • A motion to approve the calendar for 2022 is made by Mr. Manzi, seconded by Mr. McDonough. 2021-10-13 Conservation Commission Minutes Page 8 of 8 Approved 1112212021 • Vote 5-0,Unanimous. Documents 2022 Meeting Dates General/New/Old Business Watershed Update-Planning Department • The Administrator presents the watershed update to the Commission. Existing Watershed Regulations do not require major revisions, some updates include references, alternatives to de-icing and development of land acquisition plan. Water sampling showed a general improvement since 1987. Stormwater BMPs with the Watershed are suggested. Water sampling for the town requires some updates including annual audits to ensure accuracy of the data. • 8:41 p.m. Mr. Napoli leaves the meeting. • The Commission discusses their concerns pertaining to pet waste and discharge by GLSD. • 8:44 p.m. Mr. Napoli rejoins the meeting. • Mr. Lynch expresses concerns that there is no discussion regarding phosphorus and nitrogen included in the summary. The Administrator states that it has been addressed in the new recommended sampling guidelines. Documents Watershed Plan Update Memo, Watershed Plan Appendices, Watershed Plan Report Only Adjournment • A motion to adjourn at 9:03 p.m. is made by Mr. Manzi, seconded by Mr. McDonough. • Vote 5-0 Unanimous. 2021-10-13 Conservation Commission Minutes