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HomeMy WebLinkAbout2022-06-08 Conservation Commission Minutes Page 1 of 6 Approved 0711312022 North Andover Conservation Commission Meeting Minutes June 8,2022 Members Present: Ryan D. Hale, Sean F. McDonough,Anthony Capachietti, Albert P. Manzi, Jr.,Vice Chairman and Joseph W. Lynch Members Absent: Louis A. Napoli, Chairman and John T. Mabon Staff Members Present: Amy Maxner, Conservation Administrator and Taylor Andrews,Field Inspector Meeting came to Order at: 7:02 p.m. Quorum Present. Pledge of Allegiance Acceptance of Minutes • A motion to accept the minutes of May 11, 2022, is made by Mr. Capachietti, seconded by Mr. Lynch. • Vote 5-0,Unanimous. Notice of Intent(NOI) 242-1842,Lorraine Avenue(Kindred) • The Vice Chairman states that the Commission is proceeding with the application on the advice of legal counsel. Any relevant information can be requested through BOS, Town Manager or KP Law. • John Morin, Morin-Cameron Group, Inc. provides a recap of the proposal heard at a previous meeting. • 7:13p.m. Mr. McDonough enters the room. • Michelle Saracusa,210 Andover Street questions whose decision it was to accept the NOI without all of the owners signatures. She reads a statement expressing her concerns and references correspondence from the Town Manager dated August 25,2020 and Town Counsel dated July 26, 2021. She explains her concerns with the back and forth discussions as to whether the application was complete and lack of communication whether the Town was revisiting its position on the matter.It is her opinion that the NOI is not properly before the NACC because it is not signed by all of the land owners. She feels she has been silenced during this process. • Mr. Manzi states that the abutter may appeal the decision. • Mr. Lynch states initially there was a lot of back forth on the technical aspects of the proposal. Design input from the abutter was considered resulting in a project with a net improvement to all of the properties. The Commission worked hard to ameliorate a permit that might solve everyone's problems vs. making the situation worse. He takes offense to the abutter claiming she has been silenced. • Mr. Manzi reminds the Commissioner their job is to deal with the science of the project. • A motion to close and issue in 21 days is made by Mr. Lynch, seconded by Mr. Hale. • Vote 5-0,Unanimous. Documents 04-27-2022 Meeting Materials, 05-11-2022 Meeting Materials Notice of Intent(NOI) 242-1839, 1160 & 1116 Great Pond Road(Brooks School) • The Administrator states final plans were submitted several weeks ago;no additional information was requested by the NACC. The Planning Board closed its hearing last night and issued an approval decision. • Anthony Cleaves,Whitman&Bingham Associates and Andrew Leonard, A.T. Leonard&Associates are present for questions. • No abutters are present. The Commission had no further questions. • A motion to close and issue in 21 days is made by Mr. McDonough, seconded by Mr. Lynch. • Vote 5-0,Unanimous. Documents 2022-06-08 Conservation Commission Minutes Page 2 of 6 Approved 0711312022 04-13-2022 Meeting Materials, 05-11-2022 Meeting Materials, 05-25-2022 Meeting Materials Notice of Intent(NOI) 242-1787, 135 North Ramp Road (DeRosa) • The Administrator states a continuance is required due to lack of quorum. • A motion to continue to June 22, 2022, is made by Mr. Capachietti, seconded by Mr. Lynch. • Vote 5-0,Unanimous. Documents n/a Certificate of Compliance 242-111, 1761 Salem Street(Viers) • The Administrator states a formal request was received as required by the NACC. • Peter Blaisdell, Williams & Sparages states based on an overlay of the current instrument survey with the approved plan,it is their opinion that work was done substantially in compliance with the Order. • The Administrator agrees that the building lines up with the approved plan. • A motion to issue a full and final Certificate of Compliance is made by Mr. Lynch, seconded by Mr. McDonough. • Vote 5-0,Unanimous. Documents Certificate of Compliance Request- 1761 Salem Street, Septic System Repair Plan - 1761 Salem Street R4 Notice of Intent(NOI) 242-1843, 1761 Salem Street(Viera) • Peter Blaisdell, Williams &Sparages states the plan has been updated to include an a/c unit at the southeast corner of the house within the 50-foot NBZ. • The Administrator states there are no alternative locations due to a series of sliding glass doors at the rear of the house, a waiver will be required. • The Commission discusses the waiver request for the a/c unit and agrees the waiver is conditional upon the receipt of details with respect to the installation of the pad. • Mr. Lynch states they can condition that the a/c until is installed on a pre-fabricated fiberglass pad place on stone, no excavation will be permitted. • The Administrator states there is a line of boulders proposed along the edge of the driveway,within the 25- foot NDZ. • The Commission discusses the request and recommends the consultant speak with the Applicant for better detail on the proposed rock walUboulders. • No abutters are present. • A motion to grant a waiver of the 50-foot NBZ for the AC unit as requested and amended is made by Mr. Capachietti, seconded by Mr. Hale. • Vote 4-1 (In Favor: Hale, Capachietti, Manzi, Lynch, Opposed: McDonough). • A motion to continue to June 22, 2022 is made by Mr. Lynch, seconded by Mr. McDonough. • Vote 5-0,Unanimous. Documents 04-27-2022 Meeting Materials, 05-11-2022 Meeting Materials, 05-25-2022 Meeting Materials, Septic System Repair Plan- 1761 Salem Street R4 Notice of Intent(NOI) 242-1844,393 Salem Street(Duncan) • The Administrator states a revised plan was received as requested by the NACC at the last meeting. The yard waste has been removed and an alternative location outside the 50-foot NBZ has been identified on the plan. • Mr. Capachietti states the yard waste must be fully contained on the Applicant's lot. • No abutters are present. 2022-06-08 Conservation Commission Minutes Page 3 of 6 Approved 0711312022 • A motion to close and issue in 21 days is made by Mr. McDonough, seconded by Mr. Lynch. • Vote 5-0, Unanimous. Documents 05-25-2022 Meeting Materials, 393 Salem Street Revised Plan 06 06 22, New Yard Waste Location Notice of Intent(NOI) 242-xxxx,463 Winter Street(Birch Lane, LLC) • The Administrator states the project is for an upgrade to the existing septic system which has been approved by the BOH. The proposed location of the new system is roughly within the same footprint of the old, outside the 50-foot NBZ. The wetland line was reviewed and found to be accurate. The property abuts NHESP habitat,there are no other resource areas on site. After speaking with the contractor,they propose to rehab the stairs leading down from the back deck and replace the decking with new material. The deck is outside the 50-foot NBZ. Additionally,they intend to replace rotting screened windows on the sun room,most of which is outside the Buffer Zone. A DEP number has not been assigned at this time. • Mr. Capachietti confirms the driveway will be used as a construction access point. • Tom Mannetta, Thomas Mannetta Inc. states the driveway is the only access to the back of the property. • The Commission discusses the construction access and stockpile location and agrees it will be conditioned in the Order. • No abutters are present. • A motion to continue to June 22, 2022,is made by Mr. Lynch, seconded by Mr. McDonough. • Vote 5-0,Unanimous. Documents 463 Winter Street NOI Package without Checks, CONSERVATION SHEET], CONSERVATION SHEET 2, CONSERVATION SHEET 3, Septic Approval Letter -_463_Winter Street Mon May_16 2022_13-00-45 Certificate of Compliance 242-1828,290 Webster Woods Lane (Soucy) • Peter Blaisdell, Williams & Sparages states work was done in accordance with the Order issued in November 2021. A 3:1 rip rap slope is the only deviation to the approved plan; it is outside of the 50-foot NBZ. • The Administrator states the site is stable and erosion controls have been removed. • Mr. Hale confirms the trees in the 100-foot BZ on the north west side of the house have not been removed. • The Administrator confirms these trees were not removed; however, they are not shown on the as-built plan. • A motion to issue a full and final Certificate of Compliance(Mr. Capachietti amended the motion to include on-going conditions) is made by Mr. Lynch, seconded by Mr. Hale. • Vote 5-0,Unanimous. Documents 290 Webster Woods 1, 290 Webster Woods 2, 290 Webster Woods 3, 290 Webster Woods 4,Approved Plan 290 Webster Woods, As-Built Plan -290 Webster Woods Lane, Certificate of Compliance Request-290 Webster Woods Lane Small Project NACC#294,268 Raleigh Tavern Lane(Atallah) • The Administrator states the project consists of replacing the existing front walkway with new pavers. The project poses little to no risk of impact to the wetland. She recommends issuing a Small Project"L"requiring materials to be stored in the driveway, soils to be taken off site to appropriate facilities and pre and post construction meetings. • Mr. Lynch confirms that all previous permits have been closed out. • A motion to accept this as a Small Project"L"is made by Mr. McDonough, seconded by Mr. Hale. • Vote 5-0,Unanimous. • A motion to approve the Small Project as proposed and recommended is made by Mr. McDonough, seconded by Mr. Hale. 2022-06-08 Conservation Commission Minutes Page 4 of 6 Approved 0711312022 • Vote 5-0,Unanimous. Documents Small Project Application with Supporting Materials 05 23 22 Enforcement Order/Violation 60 Campbell Road(Sahagian) • The Administrator provides background on the EO for slope restoration. The rear slope has been restored to the original profile and planted with the approved planting plan. Soil was carefully excavated from around tree bases,no evidence of any damage to the trees. A stone wall was installed at the top of the slope per the approved plan. All activities were supervised by the Wetland Consultant. A site visit was conducted,the seed mix is starting to sprout, and the woody vegetation appears healthy. Existing erosion controls are in place and functioning well. Wetland markers have been delivered and are waiting to be installed. The EO will remain in place until the plants have been monitored for two full growing seasons for overall survivorship. • Tate Sahagian,the homeowner, confirms he may move forward with the OOC. • The Administrator directs the homeowner to contact her to schedule a site visit prior to work commences. • No action is required. Documents 06-08-2022 Site Visit, 09-08-2021 Meeting Materials, 09-29-2021 Meeting Materials, 2nd Amended Enforcement Order 60 Campbell 10-28-21 Enforcement Order/Violation 40 Flagship Drive(DWT Holdings,LLC) • The Administrator states the site is stable,no work is being conducted. The fines continue to accrue. Documents 01-12-2022 Meeting Materials, 01-26-2022 Meeting Materials, 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, 12-08-2021 Meeting Materials Enforcement Order/Violation 191 Granville Lane(Lynch) • The Administrator provides background on the EO for a basement sump pump discharging directly to the BVW. A site visit was conducted, and they found the sump pump had been disabled. A white and caramel- colored substance was observed within the 50-ft of BVW. This substance is believed to be a result of the fire suppression materials as well as demolished sheetrock.A violation letter was issued directing the homeowner to cease operating the sump pump. A site inspection was conducted today, and the white-caramel color material is no longer present. The rear deck was present when the home was purchased in 2004. • The Commission discusses the sump pump and agrees a follow-up letter will be issued requiring proof of physical disconnection of the sump pump. • David and Kathlea Lynch, the homeowners are present. • No action is required. Documents Granville Lane 191-Site Visit 06-08-22, Violation Letter- 191 Granville Lane Enforcement Order/Violation Foster Street-Heating Oil Spill • The Administrator states Clean Harbors responded to the request to place an additional boom at the left descending bank with additional absorbents. Additional lab results have not been received. • Mr. Hale states he visited the site and was shocked at how little containment was done. He believes Clean Harbors should be trying whatever they can to physically remove the material from the wetland. • Mr. Manzi states this is the reason the NACC chose to bring on Seekamp Environmental. • A motion to continue to June 22, 2022, is made by Mr. Lynch, seconded by Mr. Hale. • Vote 5-0,Unanimous. 2022-06-08 Conservation Commission Minutes Page 5 of 6 Approved 0711312022 Documents 02-09-2022 Meeting Materials, 02-23-2022 Meeting Materials, 03-09-2022 Meeting Materials, 03-23-2022 Meeting Materials, 04-13-2022 Meeting Materials, 04-27-2022 Meeting Materials, 05-11-2022 Meeting Materials General/New/Old Business 27 Charles Street-Flooding& Upstream Drainage(Lawrence Airport Comm./27 Charles St.LLC) • The Administrator provides background on the Friendly Enforcement Order issued to allow the airport to conduct stream bank fortification in specific areas. Monitoring reports have been received after rain events and the water is staying inside the banks. • Mike Miller, Lawrence Municipal Airport is present. • Randy Christiansen, Stantec Consulting Services states (7) seven rain events have occurred between March and May(under 0.5-inch to 1.35-inch). There is no evidence of overtopping of the stream bank above or below where the coir logs were placed. He believes the next step would be to prepare a NOI to design to maintain sections of the stream on the airport property. He requests to eliminate the continued monitoring through the growing season or an increase in the storm monitoring to I-inch of rain or greater. Multiple sources of water flow off Airport property were identified ending up at 27 Charles Street. He feels an NOI would eliminate this potential airport source as well as a second possible source allowing 27 Charles Street to look elsewhere. He reviews the timing of when the project should occur. An NOI and design should be submitted this year,construction will require a grant. Updates will be provided to the Administrator as progress is made with the NOI and funding. • The Administrator states the Town Engineer has investigated drain lines for Wood Avenue and Grovesnor Avenue and how it interacts with the area in question. It was determined that one of the drain line inlets was completely blocked,the other drain line was cleared to expose the inlet. • Russ Tedford,Hancock Associates is present on behalf of 27 Charles Street. He confirms that both drain lines have been vacced and jetted. • Mr. Lynch recommends the consultant contact the Department of Public Works directly for an update. • The Commission discusses the request to reduce monitoring and agrees to reduce monitoring to 1-inch of rain or greater during a 24 hour rain event. • A motion to amend the EO to allow for reduced monitoring as proposed is made by Mr. McDonough, seconded by Mr. Lynch. • Vote 5-0,Unanimous. Documents 02-23-2022 Meeting Materials Half Mile Hill—Agricultural License Renewal • The Administrator states the Applicant wishes to renew the agricultural license for his yearly mowing of Half Mile Hill. A site visit was conducted, and the license has been adjusted to reflect the true overall acreage. Revised dates and additional language has been added to the license. Mowing is prohibited between May 15th and August 15th. • The Commission discusses the license agreement and agrees not to charge additional fees for the area not harvested,payment is a onetime fee of S360. • The Administrator states changes will be made and provided to the NACC for signatures at the next meeting. Documents DRAFT 2022 Ag. Use License Half Mile Hill Decision 242-1839, 1160 & 1116 Great Pond Road(Brooks School) • The Administrator reviews the drafted Order of Conditions. • The Commission discusses the bond which will be set in the amount of$4 0,000. A scheduled meeting will be required to confirm the location of the wetland markers.No overnight parking of construction equipment will 2022-06-08 Conservation Commission Minutes Page 6 of 6 Approved 0711312022 be permitted within the 100-foot BZ, drip pans must be used under stored equipment. When possible, construction materials with low levels of PFAS should be used. A sit down meeting with the contractor is required prior to the pre-construction meeting, each page of the OOC to be initial by the contractor. A pre winter on-site inspection is required no later than December 15th. • A motion to adopt the Order of Conditions as drafted and amended is made by Mr. McDonough, seconded by Mr. Lynch. • Vote 5-0, Unanimous. Adjournment • A motion to adjourn at 9:00 p.m. is made by Mr. Lynch, seconded by Mr. McDonough. • Vote 5-0, Unanimous. 2022-06-08 Conservation Commission Minutes