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HomeMy WebLinkAbout2021-12-08 Conservation Commission Minutes Page 1 of 6 Approved 0111212022 North Andover Conservation Commission Meeting Minutes December 08,2021 Members Present: Anthony Capachietti, Sean F. McDonough, Louis A. Napoli, Chairman, John T. Mabon and Joseph W. Lynch Members Absent: Albert P. Manzi, Jr., Vice Chairman Staff Members Present: Amy Maxner, Conservation Administrator and Taylor Andrews,Field Inspector Meeting came to Order at: 7:03 p.m. Quorum Present. Pledge of Allegiance Notice of Intent(NOI) 242-1822,45 Cotuit Street(Seaport Homes LLC) • The Administrator states a continuance is required. • A motion to continue to January 12,2022,is made by Mr. Mabon, seconded by Mr. McDonough. • Vote 5-0,Unanimous. Documents n/a Notice of Intent(NOI) 242-1787, 135 North Ramp Road(DeRosa) • The Administrator states a continuance is required. • A motion to continue to January 12, 2022,is made by Mr. Mabon, seconded by Mr. McDonough. • Vote 5-0,Unanimous. Documents n/a Notice of Intent(NOI) 242-1831, 104 Milk Street(Ryan) • The Administrator provides background on the proposal. A revised plan showing a dewatering detail between elevations 102& 104 with additional erosion controls was received as requested by the NACC. • The homeowner is present for questions. • A motion to close and issue in 21 days is made by Mr. Mabon, seconded by Mr. Lynch. • Vote 5-0,Unanimous. Documents 11-22-2021 Meeting Materials, 104 milk 11292021 Notice of Intent(NOI) 242-1832,37 Scott Circle(Myers) • The Administrator states the proposal is for a septic system upgrade which has been approved by the BOIL The wetland line was reviewed by staff and found to be accurate, and the NHESP mapping shows a certified vernal pool located in the middle of the cul-de-sac,but in reality, it is probably located in either Wetland A or B. The property is located within NHESP habitat, and they are currently waiting for response. The proposed system will be located partially within the existing field. The existing septic tank will be required to be used as a tight tank to be pumped while the new system is constructed. The project respects the 75-foot NBZ off all of the wetlands in case the vernal pool is within any of those wetlands,minimal tree removal is required. • Mike O'Neill, Consulting Engineering Services, states the Applicant has been experiencing a failed septic system since March 2021,with effluent pooling on the surface and routine pumping being required. The BOH 2021-12-08 Conservation Commission Minutes Page 2 of 6 Approved 0111212022 has agreed to allow the installation of the system before Christmas if NACC approves the project tonight. The lot adjacent to the property has been removed from the Priority Habitat Area,the area of disturbance is approximately 400-s.f. There is no alternative location for the system. A 40-mil polyethylene barrier is proposed allowing a 3:1 slope. • Mr. Lynch expresses concerns with not following the guidelines and questions if a response from NHESP is overdue as this can typically take 30 days. • Mr. Mabon expresses concerns with the urgency associated with the project. He agrees with Commissioner Lynch stance on not going outside the guidelines. • The Commission discusses the request and how to proceed. • Mr. Capachietti suggests the NACC issue an Enforcement Order to upgrade the septic system due to the untreated effluent. This would allow them to table the NOI until a response from Natural Heritage is received. • Mr.Napoli questions if the NACC is required to follow the NHESP guidelines. • The Administrator reviews the guidelines with the NACC. • Mr. McDonough questions when the Consultant submitted the application to NHESP. • Mr. O'Neill states due to the circumstances they never filed with NHESP. • The Commission agrees this was an error on the Consultants behalf. They agree the plan cannot be approved as presented under the Order. They agree that due to the urgency of the failed system an EO will be issued to allow the project to be undertaken in accordance with the plan. A final As-built Plan will be required to close out the OOC. The Enforcement Order is contingent upon filing the NOI with NHESP no later than Friday, December 10, 2021, at noon. The EO requires the Applicant to appear at the January 12, 2022,meeting, a pre- construction inspection and erosion controls and additional pre-construction conditions as appropriately detennined by the Conservation Administrator. • A motion to continue to January 12, 2022,is made by Mr. McDonough, seconded by Mr. Lynch. • Vote 5-0,Unanimous. • A motion to adopt the Enforcement Order as discussed is made by Mr. Lynch, seconded by Mr. Capachietti. • Vote 5-0,Unanimous. Documents 20211207 103931, 20211207 103937, 20211207 103940, 20211207 104105, 20211207 104302, 20211207 104305, 20211207_104335, 20211207 104343, NOI Application with Supporting Materials 1119 21, Oliver Map 12 06 21, PDF1371-01, PDF1371-02, Screenshot(30), Septic Approval Letter_- 37 Scott Circle Tue Nov 16 2021 16-03-29 Amendment 242-1692, 1210 Osgood Street(Princeton Dev. &Forgetta Dev.) • The Administrator states the Applicant has requested a continuance due to a lack of a quorum. • A motion to continue to January 12,2022,is made by Mr. Mabon, seconded by Mr. Capachietti. • Vote 5-0,Unanimous. Documents Email from ibrown@,Orincetonproperties.com requesting a continuance until 1112122 Request for Determination of Applicability Glennie Woodlot/Town Farm Boardwalk(FONAT) • The Administrator states the Applicant has requested a continuance. • A motion to continue to January 12, 2022,is made by Mr. Mabon, seconded by Mr. Lynch. • Vote 5-0,Unanimous. Documents Email from L iones(a)ieee.org requesting a continuance until 1112122 Request for Determination of Applicability 268 Raleigh Tavern Lane(Atallah) • Mr. Mabon recuses from the discussion. 2021-12-08 Conservation Commission Minutes Page 3 of 6 Approved 0111212022 • The Administrator states a continuance is required. • A motion to continue to January 12, 2022,is made by Mr. Lynch, seconded by Mr. Capachietti. • Vote 4-1 (In Favor: Capachietti, McDonough,Napoli,Lynch,Recused: Mabon). Documents n/a 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 January 26, 2022,is made by Mr. Mabon, seconded by Mr. Capachietti. • Vote 5-0,Unanimous. Documents Email from mail&norseenv eom requesting a continuance until 1126122 Certificate of Compliance 242-700,Partial COC, 284 Hillside Road (Lot 9) (Bonanno) • The Administrator provides background on the Order issued in 1994. The Order lists Lot 9,however based on the approved site plan and current GIS mapping,the lot is not within the 100-foot Buffer Zone. • A motion to approve the Partial Certificate of Compliance is made by Mr. Mabon, seconded by Mr. Lynch. • Vote 5-0,Unanimous. Documents COC Request Materials 1122 21, MEADO WOOD III(BUCKLIN, PETERSON, EMERSON)_242- 0700_14976692 (2) Small Project NACC#289,240 Marbleridge Road(Masonworks LLC) • The Administrator presents the proposal for an in-kind replacement of the front walkway and stairs. A portion of the walkway is within the 100-foot Buffer Zone and the stairs are located just outside the Buffer Zone. The walkway and steps are approximately a total of 265-s.f. The closest point of work to the BVW is 68-feet which is separated by driveway and landscaped area. All proposed work will be done by hand. Erosion controls are proposed on the wetland side of the driveway. The Administrator recommends approval of the project under Category"L"requiring extra materials to be removed from site daily and pre and post construction inspections. • 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 20211206 140719, 20211206 140727, 20211206 140847, Small Project Permit with Supporting Materials 11 30 21 Small Project NACC#290,43 Wintergreen Drive (Yacouba-Issa) • The Administrator presents the proposal for the replacement of an existing sunroom that is supported by an existing concrete foundation, a surrounding patio and perimeter landscape retaining wall. The proposed work is located approximately 97-feet from the BVW and Riverfront to Fish Brook. All work will be done by hand, no ground disturbance is proposed. The Administrator recommends approval of the project under Category "L"requiring pre and post construction and a dumpster to be placed in the driveway. • Mr. Mabon requests an additional condition be added for the demolition of the existing structure that all materials be kept outside the 100-foot buffer zone and a site inspection once demolition is complete. • Mr. McDonough believes based on the scale of the project it does not fall under a Small Project Application • The Commission discusses whether the project falls under a Small Project permit. • Mr.Napoli questions square footage of the proposed sunroom. 2021-12-08 Conservation Commission Minutes Page 4 of 6 Approved 0111212022 • The Administrator states the sunroom is approximately 161-s.f. which is well under the 300-s.f. threshold allowable under a Small Project application. • Mr. Lynch states he agrees with Commissioner McDonough that a Small Project is not the appropriate permit for the proposal. He questions what the Resource Area is, where it is relative to the work and what the setbacks are. • The Administrator states the Resource Area consists of fringe BVW to Fish Brook. • The Commission discusses the request. • A motion to accept this as a Small Project L is made by Mr. Mabon, seconded by Mr. Lynch. • Vote 3-2(In Favor: Capachietti, Napoli,Mabon, Opposed: McDonough& Lynch). • A motion to approve the Small Project as proposed and conditions as discussed (pre construction inspection, no ground disturbance,materials to be kept out of the 100-foot BZ,inspection after demolition and post construction inspection once complete)is made by Mr. Mabon, seconded by Mr. Capachietti. • Vote 4-1 (In Favor: Capachietti,Napoli,Mabon,Lynch Opposed: McDonough). Documents 43_Wintergreen Drive_-_Proposed Tice_Oct_19_2021_17-00-51, 20211206 132339, 20211206 132401, GIS Aerial Field Measurements, Sunroom Replace Aerial, Small_Project Application_Checklist_43_Wintergreen Drive_Tue_Nov_16_2021_19-30- 25, Wintergreen_Conservation Narrative_Tue Nov 16 2021_19-30-36 Enforcement Order/Violation 242-1692, 1210 Osgood Street(Princeton Properties Mgmt./LIPT Osgood St.,LLC) • The Administrator states a continuance is required due to a lack of quorum. • A motion to continue to January 12, 2022,is made by Mr. Mabon, seconded by Mr. Lynch. • Vote 5-0,Unanimous. Documents n/a Enforcement Order/Violation 40 Flagship Drive(DWT Holdings,LLC) • The Administrator states the Applicant was unable to attend tonight's meeting. She is scheduled to meet with the Consultant at the site to review the restoration of the wetland prior to submission. The Administrator reports the site is stable, the top basin has been pumped, and they are preparing to fill it with crushed stone and RAP. The frac tanks are full and being flocked,replacement filters are on-site. • Mr.Napoli expresses concerns with the lack of attendance by the Applicant or Consultant and the frequent site visits required by staff to police the site for compliance and the associated administrative burden costs. • Mr. Lynch expresses concerns with the lack of information regarding the stormwater process. He is concerned that they have no knowledge whether the project will survive the final NOI process. • The Commission discusses the EO and agrees the NOI must be submitted by 12/28/21. Failure to meet the deadline will result in a cease and desist and the institution of fines in the amount of$100 per day. Additionally,the site shall be prepared for winter conditions within 48-hours and Conservation Staff notified once completed. Starting on December 9, 2021, Conservation staff will assess a fine of$100 for every site inspection performed by staff to help offset administrative burden. • A motion to issue the amended Enforcement Order as discussed is made by Mr. Lynch, 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, 10-13-2021 Meeting Materials, 10-27-2021 Meeting Materials, 40 Flagship 12-6-2021 Pics, 40 Flagship 12-07-21 Pics 2021-12-08 Conservation Commission Minutes Page 5 of 6 Approved 0111212022 Enforcement OrderNiolation 268 Raleigh Tavern Lane(Atallah) • The Administrator states a continuance is required to the January 12, 2022,meeting. Documents n/a Enforcement OrderNiolation 242-1799,243 Great Pond Road (Boyko) • The Administrator provides background on the Enforcement Order. An interim As-Built Plan was received showing the extent of the encroachment into the Conservation Restriction(CR). The site has been stabilized for winter as requested by the NACC. A copy of the CR was provided to the NACC for review. Town Counsel did not provide a written opinion on the CR;it was a verbal discussion. • Mr. Lynch states the interim As-Built Plan is undeniably different from the approved plan. • Mr.Napoli believes the walkway and steps should be removed immediately. • Mr. Capachietti requests a construction schedule be submitted to the Administrator. He believes it is important the area be restored to the pre-development condition. • Mr. Mabon agrees with Commissioner Capachietti stating the grades within the easement cannot be changed and must be returned to its natural condition. • Mr.Napoli questions whether the contractor is willing to fix the mistake. • Stephen Boyko,the homeowner, states he assumes the contractor will fix the mistake,but he hasn't confirmed this. He is being represented by Atty. Frank DiLuna, Smolak&Vaughan. He is unsure if the approved plan took the elevations into account.It is his belief the project may require an engineered retaining wall. • Mr. Mabon states the approved plan calls for a low fieldstone wall which typically does not require design. • The Commission discusses the Enforcement Order and agrees the project must be built in accordance with the approved plan, any areas not approved for disturbance must be restored to the original condition. A construction sequence must be submitted no later than March 1, 2022. A copy of the Landscape Plan noted on the approved plan must be provided for the record. Modifications must be approved by the NACC first. • Mr. Boyko requests to continue construction outside of the CR, as well as relocating the fence as proposed on the interim As-Built Plan. • The Commission reviews the request and agrees the proposed location of the fence as depicted on the interim As-Built Plan is not approvable. Any work performed that may result in conflict with restoring the site to pre- existing conditions will be done at their own risk. • Mr. McDonough states they will consult with Town Counsel on how to proceed with the fence. • A motion to amend the Enforcement Order as discussed is made by Mr. McDonough, seconded by Mr. Mabon. • Vote 5-0,Unanimous. Documents 11-22-2021 Meeting Materials, 12-01-2021 EC Monitoring Report, 242-1799, 243 Great Pond Road Ratified EO 1124 21, 243-254 GPR, Ridgeway Restriction Easement Doc, 20211208 152124, 20211208_152147, 20211208 152212, 20211208_152216, 20211208 152254, as built survey 12-2-21, Staff Recommendations to NACC 243 GPR Decision 242-1831, 104 Milk Street(Ryan) • The Administrator reviews the drafted Order of Conditions. • The Commission discusses the bond which will be set in the amount of$4,000.00. Erosion controls are required to be backed by a silt fence. Dirtbags are required on top of the stones for the dewatering area. • A motion to adopt the Order of Conditions as drafted and amended is made by Mr. Mabon, seconded by Mr. Lynch. • Vote 5-0,Unanimous. 2021-12-08 Conservation Commission Minutes Page 6 of 6 Approved 0111212022 Adjournment • A motion to adjourn at 9:04 p.m. is made by Mr. Lynch, seconded by Mr. Mahon. • Vote 5-0 Unanimous. 2021-12-08 Conservation Commission Minutes