Loading...
HomeMy WebLinkAbout2023-05-10 Conservation Commission Minutes Page 1 of 8 Approved 0612812023 North Andover Conservation Commission Meeting Minutes May 10,2023 Members Present: Sean F. McDonough, Joseph W. Lynch, Louis A. Napoli, Chairman, Albert P.Manzi, Jr., Vice Chairman and Ryan D. Hale Members Absent: Anthony Capachietti and John T. Mabon Staff Members Present: Amy Maxner, Conservation Administrator Meeting came to Order at: 7:00 p.m. Quorum Present. Pledge of Allegiance Acceptance of Minutes • The minutes for March 22,2023,April 10, 2023 and April 12, 2023 have not been reviewed. Certificate of Compliance 242-700,Partial COC Request,278 Hillside Road(Mackey) • The Administrator provides background on the Order issued in 1994. Lot 8 is included in the Order, however based on the approved site plan and current GIS mapping, the lot is not within the 100-foot Buffer Zone. The property is under transaction; the Applicant is seeking a PCOC to clear the title. The Administrator recommends issuing a PCOC for the lot and indicating on the PCOC that the property is not within jurisdiction. • A motion to approve the Partial Certificate of Compliance is made by Mr. McDonough, seconded by Mr. Manzi. • Vote 5-0,Unanimous. Documents Aerial 278 Hillside, COC Request Materials with Supporting Materials 05 03 23 Certificate of Compliance 242-634,Partial COC Request,29 Colonial Avenue(Hansberry) • The Administrator provides background on the Order issued in January of 1993. The engineer certification letter noted a shed within the 50-foot NBZ. The shed has since been removed and disposed of. There is a section of vinyl fence located within the 25-foot NDZ and approximately 10-ft from the wetland; the fence does not provide a gap for critter migration. The wetland line shown on the plan is the original wetland line. At the time the OOC was issued,monumentation of the 25-foot NDZ was not required. • Mr.Napoli questions if there are plans to extend the fence. • Kevin Hansberry,the Applicant states they have no plans to move the fence,the home is currently for sale. • The Commission discusses the fence and after due discussion they agree the fence assists in channelizing the migration of the wildlife into the brook and confining wildlife to the brook into the culvert. Two(2)wetland markers are required to be installed on the last and second to last fence post designating that the area beyond it is a resource area. • Mr. Hale requests the COC require the wetland markers be maintained in perpetuity and that the fence is not to be extended any further. • A motion to grant a waiver allowing the fence to remain as discussed is made by Mr. Lynch, seconded by Mr. Manzi. • Vote 4-1, (In Favor: Lynch,Napoli, Manzi,Hale, Opposed: McDonough). • A motion to approve the Partial Certificate of Compliance with conditions as discussed and amended is made by Mr. Manzi, seconded by Mr. Lynch. • Vote 5-0,Unanimous. 2023-05-10 Conservation Commission Minutes Page 2 of 8 Approved 0612812023 Documents image0, image], image2, NOA-0042I Certif Compliance—Colonial 29, Pics 29 Colonial Certificate of Compliance 242-634,Partial COC Request, 101 Colonial Avenue (Bhatia) • The Administrator states the engineer certification letter noted an a/c chiller unit and pad installed against the house within the 50-foot NBZ. A formal waiver request was submitted. The Applicant is seeking advice from the NACC on what type of permitting will be required for an upcoming geothermal well project. • Kunal Bhatia,the homeowner, explains how they intend to reduce their carbon footprint and preserve the wetlands. • The Commission agrees that the Order must be closed out before an NOI is filed for the proposed geothermal wells. An NOI will be required for the geothermal project and the Resource Area must be reflagged and surveyed. After discussion the Commission agrees that a waiver for the a/c chiller and pad is grantable (physical boundary,within manicured lawn and wing wall protection) and that they can discuss the viability of removing it when the geothermal application comes in. • A motion to grant a waiver to allow the a/c unit and pad to remain is made by Mr. Manzi, seconded by Mr. Lynch. • Vote 5-0,Unanimous. • A motion to issue a Partial Certificate of Compliance is made by Mr. Manzi, seconded by Mr. Lynch. • Vote 5-0,Unanimous. Documents 101 Colonial CofCPies 5-8-23, 101 Colonial Pics, NOA-0042J Certif Compliance—Colonial-101 Modification 242-634, 85 Colonial Avenue(Castaldo) • The Administrator states the Applicant has requested a continuance. • A motion to continue to May 24, 2023,is made by Mr. Manzi, seconded by Mr. Lynch. • Vote 5-0,Unanimous. Documents Email from aeastaldo(a)ahilli),s-analey.com requesting a continuance until 5124123 Small Project NACC#305, 122 Autran Avenue (Daou) • The Administrator states the proposal is for the filling in and loaming and seeding of an in-ground swimming pool. The surrounding concrete patio will be retained. The resource area consists of an intermittent stream along the rear of the house. The stream is piped and daylights at the southern end of the property placing the pool outside of the Buffer Zone. Access from the driveway to the backyard is the only work located within the Buffer Zone. They propose to remove a section of fence which encloses the rear yard to allow for equipment access from the driveway. • Mr. Lynch confirms there will be no stockpiling of materials. • Marie-Christine Daou the homeowner states they intend to plant grass and a vegetable garden within the pool footprint,the concrete patio will remain. Tracking pads will be installed between the driveway and the work area. • The Administrator recommends issuing a Small Project"I"requiring pre and post construction inspections, and the installation of erosion controls at the southwest portion of the fence. • A motion to accept this as a Small Project"I"is made by Mr. Lynch, seconded by Mr. McDonough. • Vote 5-0,Unanimous. • A motion to approve the Small Project as proposed and recommended is made by Mr. Manzi, seconded by Mr. McDonough. • Vote 5-0,Unanimous. Documents 2023-05-10 Conservation Commission Minutes Page 3 of 8 Approved 0612812023 Aerial annotated 122 Autran, Small Project Application with Supporting Materials 05 02 22 Request for Determination of Applicability 122 Millpond (Zendko,LLC) • The Administrator states the property underwent permitting with the Planning Board to subdivide the parcel (ANR). The project entails the razing of existing tennis courts, gravel driveway,raised garden beds and the construction of two (2)new two-family townhomes with associated appurtenances. She describes the BVW Resource Area located across Stevens Street. The construction access and stockpile location are located outside of the Buffer Zone. Perimeter erosion controls are depicted on the plan. The stormwater report indicates a post construction reduction of impervious surface by 6,500-sq. ft. and overall reduction of peak flows for the 2, 10 and 100-yr events. A rain garden is proposed between the units, outside of the Buffer Zone. • Thomas Zahoruiko,Zendko states the small portion of the onsite driveway and garden will be restored using loam and conservation seed.No waivers have been requested. Most of the Buffer Zone will be returned to a natural state reducing the post construction runoff. Per the DPW the Town has plans to make revisions to the drainage at the intersection closest to Stevens Pond. • The Commission discusses the proposed rain garden. • Mr. Zahoruiko explains the reason for the rain garden. They propose excavating down approximately 30- inches for the concrete slab, which is still above street grade. Approximately 4-sq ft of one of the buildings will be located just within the 100-foot Buffer Zone. • The Administrator states Buffer Zone work consists of removal of tennis courts and loaming and seeding of the footprint. • The Commission discusses the proposal and agrees the plan needs to be revised to depict a dewatering detail located outside of the Buffer Zone. • No abutters are present. • A motion to continue to May 24, 2023,is made by Mr. Lynch, seconded by Mr. Manzi. • Vote 5-0,Unanimous. Documents Additional RDA Materials, Millpond North Andover—MA—Plan Set 04-10-23, RDA 122 Millpond, Stormwater Report, Cales RDA 122 Millpond Request for Determination of Applicability 40 Equestrian Drive(Trull) • The Administrator states the proposal is for the installation of an above-ground swimming pool within the existing lawn area. The pool at its closest point will be 63-ft from the Resource Area. The wetland line was reviewed and found to be accurate. The property is within NHESP priority and estimated habitat, a response has not been received.No vernal pool function was observed while on site by the Administrator. The Administrator describes the means and methods proposed by the pool contractor for the installation of the pool. The pool will have a cartridge style filter system, erosion controls are proposed around the limit of work. • P.J. de Bernardo, Gibraltar Pools states access to the backyard will be through the driveway to the far right of the bushes, equipment will consist of a small bobcat. Per the wetland report no certified or potential vernal pool locations were found. • The Administrator states that NHESP will express their opinion on the threatened species,not comment on vernal pool function. She suggests having the wetland consultant conduct a vernal pool assessment. • The Commission discusses the proposal and agrees additional details on erosion controls and construction access must be provided. A response from NHESP must be received before a decision can be issued. They discuss the potential vernal pool and agree that the time of year that the wetland delineation was done is not the appropriate time to certify or de certify vernal pool function. • No abutters are present. • A motion to continue to May 24, 2023, is made by Mr. McDonough, seconded by Mr. Lynch. 2023-05-10 Conservation Commission Minutes Page 4 of 8 Approved 0612812023 • Vote 5-0,Unanimous. Documents 40 Equestrian Drive 5-2-23 Pies, 40 EQUESTRIAN DR NORTH ANDO vER RDA FILING ELECTRONIC, Aerial Annotated 40 Equestrian, As-Built Plan 40 Equestrian 1996, Gibraltar Pools Entail- 40 Equestrian Drive, LIST OF AB UTTERS 40 EQ UESTRIAN DR Notice of Intent(NOI) 242-1867,479 Lacy Street(Windrush Farm) • Mary Rimmer,Rimmer Environmental presents the proposal for drainage improvements at the barnyard area of the property. A DEP file number has been issued with no comments. A no-take letter was received from NHESP. The wetlands have been re-delineated and confirmed to be accurate with the Administrator. She explains that unmanaged flows move towards the pond across the courtyard area between the two barns down "Candy's Lane". This condition results in excess flooding and icing which presents safety hazards for students and horses. The rain garden and discharge to the fire pond are the only work located within the 100- foot Buffer Zone. The stormwater design includes potential runoff from future planned improvements to the barnyard area which are not within jurisdiction. The project complies fully with the new development standards which will improve water quality and stormwater management throughout the site. • Thad Berry,ASB Design Group project engineer states the proposal was designed as though Phase 2 was part of the project. This will allow the BMP not to require any changes if/when Phase 2 takes place. The BMP has a sediment forebay to meet the impervious surface runoff and treatment. The sediment trap allows the velocity to dissipate and be dispersed over a large long weir and into the rain garden. A stone infiltration surface is proposed at the bottom of the rain garden. Test pits were conducted. The plants proposed for the rain garden are ideal for both wet and dry conditions. In Phase 2 they propose to remove the pavement on"Candy's Lane" to create a new straighter road to the addition for handicap access. • Mr. Lynch expresses concerns with the amount of roof gutters and catch basins proposed to tie into the system. He requests a stormwater peer review since all discharge will be within the Resource Area. • Mr. Berry states a comprehensive drainage study was conducted and submitted with the application. He believes that what is proposed will be an improvement since there is currently no drainage in place. • The Administrator states the study was received but has not been reviewed. • Mr. Lynch makes a motion to require a third party peer review and post escrow. • Discussion ensues regarding third party peer review. • Ms. Rimmer states that her services and Mr. Berry services are being provided pro bono,there is no additional funds for third party review and requests that the peer review is conducted in-house. She reviews the pre-development peak flows included in the application. Since work will need to be conducted in late June between sessions, she requests the peer review be done by the next meeting. • The Administrator states she is waiting to hear back from the Town Engineer to see if he would be willing to do the peer review in house. • Mr. Lynch states a peer review must be done regardless if it is in house or not,the project must meet the stormwater standards. • Mr. Manzi suggests the consultant see if they have a contact within the organization that may be willing to conduct a pro bono review for the school. • No abutters are present. • A motion to require a stormwater third party peer review as amended is made by Mr. Lynch, seconded by Mr. Manzi. • Vote 5-0,Unanimous. • A motion to continue to May 24, 2023, is made by Mr. McDonough, seconded by Mr. Lynch. • Vote 5-0,Unanimous. Documents 20230508 082151, 20230508_082152, Application Checklist, Cover- Copy, DI and D2, NOIsetDrainage4- 27-23, NorthAndover RC-54853, Report Figures#1 - 4, Sheets CI and C3-CIO 2023-05-10 Conservation Commission Minutes Page 5 of 8 Approved 0612812023 Amendment 242-1707,285 Stevens Street,Lot 2 (Compass Properties) • The Administrator states the Applicant is seeking an after-the-fact Amendment to the Order. She provides background on the Order issued in August of 2017. The interim foundation as-built plan showed the footprint to be compliant with the 50-foot NBZ,however modifications to the structure resulted in 4-sq ft of the second story addition and corner of the pier to be within the 50-foot NBZ. A site visit was conducted last summer with the Administrator, Chair and Vice Chair and they recommended that a structural engineer be engaged to determine the feasibility of removing the structure outside of the 50-foot NBZ. It was also discovered during the as-built process that the field stone wall was constructed within the 25-foot NDZ. The stone wall will be relocated to be compliant with the 25-foot NDZ and the area behind it restored. A formal waiver request was submitted for the encroaching part of the house to request relief of the 4-sq ft. • The Commission reviews the report provided by the structural engineer. • Louise Borke,the Applicant is present. • John Morin, The Morin-Cameron Group states that the structural engineer was unable to attend tonight's meeting. He states that the addition was part of the approved plan however it was not picked up on when the certified as-built plan was done due to the lack of foundation or frost wall. Per the discussion at the site visit they are proposing to move the wall to its proper location as well as giving back an additional 10-ft of approved lawn area and converting it back to Buffer Zone (260-sq ft)to mitigate the 4-sq ft of encroachment into the 50-foot NBZ. This results in mitigation of 65:1 ratio for the building footprint and 520:1 for the pier footprint. • Mr. Lynch questions the status of the invasive species removal process. • Mr. Morin states as of last fall the restoration area has held,the area will be looked at before a COC is requested. • No abutters are present. • A motion to grant the waiver as proposed is made by Mr. Manzi, seconded by Mr. Lynch. • Vote 4-1 (In Favor: Lynch,Napoli, Manzi, Hale, Opposed: McDonough). • A motion to close and issue in 21 days is made by Mr. Manzi, seconded by Mr. Lynch. • Vote 4-1 (In Favor: Lynch,Napoli, Manzi, Hale, Opposed.• McDonough). Documents Abutter Notification Form,AOOC Request Package, Application Checklist-Request for Amended Order of Conditions-Final Signed,Interim Foundation As-Built, Site Dev Plan Lot 2_285 Stevens St Enforcement OrderNiolation 196 Marbleridge Road(Kowalski) • The Administrator states the violation was found in response to a building permit application for deck rehab. During the site visit drainage work was observed within the wetland currently being mowed as lawn. The 1994 as-built plan from when the house was built depicts the edge of the wetland. • Sue Kowalski,the homeowner, states they were unaware this area was a wetland. They have owned the wetland for 8-yrs and have maintained what was previously maintained.No additional work has been conducted since the Administrator's site visit. The French drain was installed to discharge out 100 to 200 ft. • The Commission discusses the violation and agrees to issue an Enforcement Order requiring the homeowner to engage the services of a wetland consultant to delineate the wetland no later than May 24, 2023 with a restoration plan to be submitted no later than June 14, 2023. The drainage features must be removed and the area restored to a wetland. • The Administrator believes that the restoration work should be conducted under an Enforcement Order. • Frank Kowalski,the homeowner states when they purchased the house the area was all lawn. • Mrs. Kowalski presents photos of the house when it was purchased(2015) for review. She requests to restore the area to what it was previously. • A motion to issue an Enforcement Order as discussed and amended is made by Mr. Lynch, seconded by Mr. McDonough. 2023-05-10 Conservation Commission Minutes Page 6 of 8 Approved 0612812023 • Vote 5-0,Unanimous. Documents 196 Marbleridge Pics 4-7-23, Pies Received at Conservation Commission Meeting 05 10 23, CofC 242- 661, As-Built Site Plan 08 08 94, 196 MARBLERIDGE ROAD Foundation as-built 1994, 196 Marbleridge Road - Wetland Violation Letter 4-11-23 Rev, 196 Marbleridge EMail Correspondence-Re application Enforcement OrderNiolation 242-1769,Dogwood Circle Condominium (Property Management of Andover,Inc.) • The Administrator provides background on the Enforcement Order heard at the last meeting. The Order was recorded,the bond paid and an as-built plan received. The fines in the amount of$300 are outstanding. The as-built plan depicts the proposed approved location of the retaining wall and the existing location(shown in red) as currently in the field. • Mr. Hale confirms that the only area that is closer is the southern end of the retaining wall. • Paul Bergman,Bergman&Associates confirms this is accurate and that the farthest northern section of the wall is farther away. The opening in the wall shown on the plan is due to the upland/higher area. • The Administrator states the proposed block wall was constructed upgradient of the existing boulder rip rap wall. • Mr. Lynch questions the reason for the 6-inch retaining wall drain. • Mr. Bergman states he believes this is a back drain of the foundation wall,no erosion or settling was observed. He reviews the elevation schedule showing that the constructed wall is a bit higher than what the previous engineer called for on the 2019 approved plan. The wetland was not re-delineated;measurements were transposed from the approved plan for reference purposes. • The Commission discusses how to proceed with the Enforcement Order. They agree the fines must be paid and that the bond will be held until a Certificate of Compliance is issued. Additional permits will not be considered until fines are paid, Enforcement Order is lifted and a Certificate of Compliance is issued. • A motion to continue to May 24, 2023,is made by Mr. McDonough, seconded by Mr. Lynch. • Vote 5-0,Unanimous. Documents 04-26-2023 Meeting Materials, 242-1769 Rat. and Amended EO-Notice of Non-Compliance with OOC 4-26- 23, 242-1769, Dogwood Circle-EO Fines 05 04 23, 2396C-Dogwood As-Built Enforcement OrderNiolation 47 Bonny Lane(Kong/Zhao) • The Administrator states a complaint was received by the Conservation and Planning Departments regarding tree removal. A site visit was performed by the Administrator and Planning Director and an excess of 20 fresh cut tree stumps of various calipers were observed within the 100-foot Buffer Zone. A violation letter was issued requiring the homeowner to cease and desist and engage a wetland consultant to delineate the wetlands and provide a surveyed site plan depicting the wetlands,buffer zones and cut trees and their calipers. The Administrator presents photos courtesy of the Harbormaster,Peter Boynton. The homeowner has engaged the services of Williams and Sparages; the wetland was slated to be delineated today. • Limin Kong,the homeowner apologizes for the violation and states the home was recently purchased. • Mr. Hale is in favor of a robust restoration plan. • Mr. Lynch expresses concerns with the extent of the violation. He suggests the Applicant be required to engage a certified arborist to conduct an evaluation assessment of tree loss in addition to a restoration plan, with the value of the tree's loss to be paid to the Conservation fund. He believes the NACC needs to know what the extent of the damages are. • Mr. McDonough is in favor of the restoration plan but feels they need to look into the determination of damages. • The Commission discusses the violation and agrees to issue an Enforcement Order requiring a surveyed site plan depicting all wetlands,buffer zones, cut trees, calipers, species. A native species restoration replanting plan to include caliper,replacement ratio and understory shrub layer.A certified arborist shall be engaged to 2023-05-10 Conservation Commission Minutes Page 7 of 8 Approved 0612812023 perform comprehensive tree appraisal to determine the value for the reproduction cost of the trees that were cut. All of which shall be coordinated by Williams and Sparages and submitted no later than June 14, 2023. • A motion to issue an Enforcement Order as discussed is made by Mr. McDonough, seconded by Mr. Manzi. • Vote 5-0,Unanimous. Documents 47 Bonny Lane 5-2-23 Tree Violation Pies, 47 Bonny Lane- Tree Cutting Violation Letter- 05-03-23, Bonny Lane Shoreline Clearcutting April 2023 (1) crsty,P. Boynton Enforcement Order/Violation 59 Bonny Lane(Marczac) • The Administrator states while at 47 Bonny Lane cut trees were observed at 59 Bonny Lane. A violation letter was issued requiring the homeowner to cease and desist and engage a wetland consultant to delineate the wetlands and provide a surveyed site plan depicting the wetlands,buffer zones and cut trees and their calipers. The homeowner has engaged the services of Norse Environmental. • Mr.Napoli expresses concerns with the unpermitted dock shown in the violation photos. • Matthew Marczac,the homeowner, apologizes for the tree cutting violation. He states the dock was present when the house was purchased in the fall of 2022. • Mr. Lynch states that per his knowledge other than Brooks School there are no permitted docks on Lake Cochichewick. • The Commission discusses the violation and agrees to issue an Enforcement Order requiring a surveyed site plan depicting all wetlands,buffer zones, cut trees, calipers, species. A native species restoration re planting plan to include caliper,replacement ratio and understory shrub layer.A certified arborist shall be engaged to perform comprehensive tree appraisal to determine the value for the reproduction cost of the trees that were cut. All of which shall be submitted no later than June 14, 2023. • Peter Boynton,North Andover Harbormaster expresses concern with the extent of the violations at 47& 59 Bonny Lane. He requests the NACC consider large caliper trees to be cared for by a private professional landscaper to be paid for by the homeowner. He feels it is important that the homeowners face consequences to ensure it does not happen again. A survey was conducted in regards to the docks on the lake and has been provided to the Conservation Dept,Planning Dept and Department of Public Works. He states that Chapter 91 was recently amended and discussions with the Planning Department have taken place. He believes the revisions will give the Town less ability to regulate docks. • Mr.Napoli agrees it is important to protect the lake as it is our drinking water supply. He questions if Brooks School is permitted to use gas engines. • Mr. Lynch states dock permitting is still required with the NACC regardless of Chapter 91. • Mr. Boynton states although he has never seen the permit,he has read the prior lake group work studies which mentions that Brook School was grandfathered to use gas engines. He states the last time he checked they currently have 6-8 large aluminum boats with 6 to 8-hp engines. One of the studies documented that Brooks School made a commitment that when technology allowed the use of electric engines they would conform. He states there are vendors that produce electric outboards constructed to look like a gas outboard with equivalent horsepower. Pontoon chase boats would be required for the crews,these boats require less power and produce a smaller wake. To his knowledge this information was provided to Brooks School with no response. He believes now is the time that Brooks School can safely transition to electric engines. • A motion to create a Chapter 91 and dock subcommittee comprised of Commissioner Napoli and Commissioner Lynch to work with the Harbormaster is made by Mr. Manzi, seconded by Mr. Lynch. • Vote 5-0,Unanimous. • A motion to issue an Enforcement Order as discussed is made by Mr. Manzi, seconded by Mr. McDonough. • Vote 5-0,Unanimous. Documents 59 Bonny Lane 5-2-23 Tree Cutting Pies, 59 Bonny Lane- Tree Cutting Violation Letter- 05-03-23, M. Marezak Entail- 59 Bonny Ln - Wetland Violation 2023-05-10 Conservation Commission Minutes Page 8 of 8 Approved 0612812023 Enforcement Order/Violation 241 Massachusetts Avenue(Ryti) • The Administrator states a violation letter and cease and desist was issued for the excavation related to the rehabilitation of an existing in-ground pool,patio replacement and electrical trenching.No building permit was obtained for the work. Demolition materials are being stockpiled next to the intermittent stream. The Resource Area consists of an intermittent stream and bordering vegetated wetland. Erosion controls have been partially installed per the Administrator. • Mr. Hale requests the stockpiled materials near the intermittent stream be removed. • Justin Ryti,the homeowner, states materials have not been removed due to a scheduling conflict with the pool contractor. The brick material was removed from the front of the house for the installation of siding. • The Commission discusses the violation and agrees the work will require the submission of a Notice of Intent. An Enforcement Order will be issued requiring all work to continue to cease and desist,removal of stockpiled demolition materials (equipment may be used for this removal only), installation of additional erosion controls around the perimeter to be completed no later than May 24, 2023. • A motion to issue an Enforcement Order as discussed is made by Mr. McDonough, seconded by Mr. Manzi. • Vote 5-0,Unanimous. Documents 241 Mass Ave 5-2-23 Unpermitted Pool rehab pits, 241 Massachusetts Avenue Violation Letter 05 03 23 General/New/Old Business Master Plan Implementation Committee- Conservation Designee • The Administrator states they are seeking to designate a Conservation Commission representative to sit on the Master Plan Implementation Committee. • A motion to nominate Commissioner Manzi to sit on the Master Plan Implementation Committee is made by Mr. Manzi, seconded by Mr. McDonough. • Vote 5-0,Unanimous. Adjournment • A motion to adjourn at 10:03 p.m. is made by Mr. Manzi, seconded by Mr. McDonough. • Vote 5-0,Unanimous. 2023-05-10 Conservation Commission Minutes