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HomeMy WebLinkAbout2023-10-25 Conservation Commission Minutes Page 1 of 5 Approved 11/15/2023 North Andover Conservation Commission Meeting Minutes October 25, 2023 Members Present: John T. Mabon, Ryan D. Hale, Louis A. Napoli, Chairman and Joseph W. Lynch Members Absent: Sean F. McDonough, Albert P. Manzi, Jr., Vice Chairman and Anthony Capachietti Staff Members Present: Amy Maxner, Conservation Administrator Meeting came to Order at: 7:03 p.m. Quorum Present. Pledge of Allegiance Acceptance of Minutes  The minutes for October 11, 2023 are not ready for review. Certificate of Compliance 242-1313, 509 Waverly Road, Waverly Oak Condo (Waverly Oaks Condo Assoc)  The Administrator states the Applicant has requested a continuance.  A motion to continue to November 15, 2023, is made by Mr. Lynch, seconded by Mr. Hale.  Vote 4-0, Unanimous. Documents Email from merreng@aol.com requesting a continuance until 11/15/2023 Certificate of Compliance 242-1795, 597 Foster Street (Fonzi)  The Administrator provides background on the Order issued in October of 2020. The wetland mitigation area has been planted; shrubs are doing well and the area is no longer being mowed. She reviews the deviations from the approved plan which include the front steps, walkway and landing; which were extended further towards the street. An additional section of retaining wall was added to the front of the house. A portion of the proposed driveway was turned into a retaining wall in order to support the timber foundation below the bump out of the house, and paver walkway and a swath of stone and plantings installed along the edge of Foster Street that is subject to roadway washout.  Mr. Lynch states he has no issues with the plan deviations as they would have been approved and in some instances benefit protection of the wetland.  Mr. Napoli states although all the deviations are approvable moving forward the Applicant must seek permission before making changes to an approved plan.  The Administrator states the Applicant was informed if the current foundation starts to fail additional permitting will be required.  A motion to issue a full and final Certificate of Compliance is made by Mr. Mabon, seconded by Mr. Lynch.  Vote 4-0, Unanimous. Documents 597 Foster CofC Pics 10-24-23, APPROVED NOI Plans Revision 10.5.2020, As-Built Site PLAN FOSTER STREET, BOH Certificate of Compliance, Certificate of Compliance, Certificate of Compliance Checklist, Certificate of Compliance Binder1 NEW, Certificate of Compliance Checklist, CofC Pics, COI North Andover MA, Engineer Cert. Letter 597 Foster, Form 8A request for compliance, Notice of Intent As-Built ASB, Order of Compliance personal letter, Septic As-Built ASB Notice of Intent (NOI) 242-1858, 189 Willow Street (Grasso)  The Administrator states the Applicant has requested to withdraw without prejudice.  A motion to accept the withdrawal without prejudice is made by Mr. Lynch, seconded by Mr. Mabon. 2023-10-25 Conservation Commission Minutes Page 2 of 5 Approved 11/15/2023  Vote 4-0, Unanimous. Documents 06-28-2023 Meeting Materials, NOA-willow-withdraw-CC Notice of Intent (NOI) 242-1869, 674 Turnpike Street (Yamin)  The Administrator states the Applicant has requested a continuance.  A motion to continue to November 15, 2023, is made by Mr. Mabon, seconded by Mr. Hale.  Vote 4-0, Unanimous. Documents Email from moyamin@yahoo.com requesting a continuance until 11/15/2023 Notice of Intent (NOI) 242-1859, 0 Turnpike Street (Middleton Farms, LLC)  The Administrator states a continuance is required.  A motion to continue to November 15, 2023, is made by Mr. Lynch, seconded by Mr. Hale.  Vote 4-0, Unanimous. Documents n/a Enforcement Order/Violation 242-1708, 271 Stevens Street (Stone)  The Administrator states the requirements of the Enforcement Order have been met.  A motion to lift the Enforcement Order is made by Mr. Mabon, seconded by Mr. Lynch.  Vote 4-0, Unanimous. Documents 08-23-2023 Meeting Materials, 10-11-2023 Meeting Materials Notice of Intent (NOI) 242-1877, 271 Stevens Street (Stone)  The Administrator presents the after-the-fact proposal for a patio expansion and associated retaining walls. All work is outside of the 50-foot NBZ and down gradient to the BVW. The new patio will be constructed of pavers, and will be approximately 741-sq ft. A section of the pavers will be removable to allow cleanout of the existing subsurface infiltration chambers. A small section of crushed stone will be replaced with pavers along the back of the house. The upgradient wall extension will be approximately 64-LF with steps to the backyard. The down gradient wall extension will be 29-LF with steps to the driveway. The overall proposed wall height is 3.7-ft. The Order will require the use of permeable sand between pavers.  Jennifer Stone, the homeowner and Jonathan DeLisle, Jonathan DeLisle Masonry and Hardscape are present for questions.  A motion to close and issue in 21 days is made by Mr. Lynch, seconded by Mr. Hale.  Vote 4-0, Unanimous. Documents 271 Stevens Site Plan 2023Oct, NOI Submittal_271 Stevens Street Notice of Intent (NOI) 242-1878, 30 Anne Road (Vidal)  The Administrator states the house is currently being flipped. She believes it is important to know the Applicant’s plans for the property so work may be conducted under one permit. If additional work is proposed the delineation will need to be expanded around the house to encompass the intermittent stream. The proposal consists of a sewer line connection (force main) in Anne Road. The wetland delineation was reviewed and no changes were made. The wetland consists of BVW that runs through the culvert on one side and intermittent stream on the other. Per NHESP there is a potential vernal pool; Buffer Zone setbacks may 2023-10-25 Conservation Commission Minutes Page 3 of 5 Approved 11/15/2023 change depending on the status of the potential vernal pool status. The engineer is currently working with the attorney to research easement rights for the common driveway. There is a shed located off the driveway within the 25-foot NDZ (not shown on plan).  Aleksandr Chongris, Chongris Engineering states the plan was to connect to sewer by the November 15th deadline due to a failed Title 5 system. Per the engineering department this is not critical, since it is a small cut into the sewer line. His contract with the Applicant is for a sewer line connection only, no other work.  The Commission discusses whether the application can be revised to increase the scope of work.  Mr. Lynch expresses concerns that the plan is not stamped. He requests a detailed groundwater pump and treat system to be shown on the plan if groundwater is encountered.  The Administrator states the paper copy of the plan is stamped and signed; the electronic copy is not.  Mr. Chongris states the force main will be installed above the culvert to allow it to pitch into the manhole. Due to the culvert, they are unable to connect to the existing stub via gravity. Due to elevations no groundwater is expected. The easement is shared however they are waiting for a letter from the attorney stating they have access before cutting into it.  Mr. Hale questions if a waiver request is required for work within the 25-foot NDZ.  The Commission agrees that there are limited options for the force main.  The Administrator states a formal waiver request will be required along with an alternatives analysis.  Mr. Lynch expresses concerns with a potential freeze up from underneath at the culvert.  Mr. Chongris states he will review this concern.  A motion to continue to November 15, 2023, is made by Mr. Lynch, seconded by Mr. Hale.  Vote 4-0, Unanimous. Documents 23.166 30 Anne Road North Andover - NOI Filing w revised abutter form, 23.166 30 ANNE ROAD NORTH ANDOVER NOI PLAN, Application Checklist Notice of Intent (NOI) & Enforcement Order/Violation 242-1879, 241 Massachusetts Avenue (Ryti)  The Administrator presents the after-the-fact proposal for unpermitted work involving reconstruction of an existing inground pool. During site plan preparation for the NOI unprecedented storm events occurred causing substantial damage to the pool, driveway and yard. Additional survey and plan changes were required to address these issues. A site visit was conducted and flag adjustments were made bringing the wetland upgradient to the easterly side of the pool house. Erosion controls must be extended up the slope to the northeast side of the driveway work. Drainage work consists of regrading of yard and driveway, drainage improvements, sediment removal and revegetation of lawn areas. Comments were received from the Town Engineer, which said new improvements will be the homeowner’s responsibility for maintenance. The pool and associated deck are visible in 1986 aerial photography. They propose to remove the entire pool patio and reconstruct it with concrete in the same footprint. The existing pool outer structure is in place, the structure will be reinforced, backfilled and a new liner installed. The pool house will receive some cosmetic work. A staircase and landing are proposed off the existing rear deck. Revised plans will determine if the requested flag changes will affect the placement of stairs and landing. The plan depicts a mulched play area within the 25-foot NBZ and partly on the neighboring property.  The Administrator states the main headwall surrounding the terminal 36” drain pipe was observed during a recent site visit; the DPW was unaware that the headwall had collapsed.  Will Schkuta, The Morin-Cameron Group states WF A22 & 23 were removed and WF 21A was added, bringing the 50-foot NDZ to the third step of the existing concrete patio. He states that the Town Engineer indicated the existing walls on either side of the driveway are not the responsibility of the Town. He states he would like to speak with the Town Engineer to see if the Town would assist in the work out front since it is not functioning properly and street runoff is flowing directly onto the Applicant’s property. The main headwall is fully collapsed with the pipes extending out 6-ft, there has been a lot of erosion on the bank of the channel where it discharges. 2023-10-25 Conservation Commission Minutes Page 4 of 5 Approved 11/15/2023  Mr. Lynch expresses concerns with the failed headwall since it will make it difficult for the Applicant to stabilize work on their property and questions when the slope along the garage will be stabilized. It is his opinion that the mulch play area will need to be removed.  Mr. Schkuta states they have created a 4-inch bump and curb around the existing catch basin to help prevent street runoff from entering the property. He requests the NACC allow temporary stabilization to prevent further collapse of the driveway prior to winter. A corner of the pool is within the 25-foot NDZ with most of the pool in the 50-foot NBZ. Per historic aerials the play area took the place of a previous structure. They are proposing to cut the play area in half to keep it out of the 25-foot NDZ. A waiver request was submitted for the reconstruction of the pool, regrading of the yard and driveway, drainage improvements, sediment remedial and revegetation of lawn areas.  Mr. Mabon states he is in favor of amended the Enforcement Order to stabilize the driveway. He indicated two areas (WF A17 & A21) where he feels mitigation planting would be appropriate.  Mr. Schkuta questions if the Commission would be open to allowing these areas to naturally revegetate vs. mitigation plantings. He requests permission to cut a fallen maple tree at the wetland line in the area of WF A17/A18.  The Administrator states she is in favor of allowing the areas to naturally revegetate as they already are filling in with herbaceous vegetation.  The Commission agrees to issue an Enforcement Order to allow immediate temporary stabilization of driveway and removal of the fallen maple tree. The NOI will be the final restoration to conduct the actual paving.  A motion to amend the Enforcement Order as discussed is made by Mr. Mabon, seconded by Mr. Lynch.  Vote 4-0, Unanimous.  A motion to continue to November 15, 2023, is made by Mr. Lynch, seconded by Mr. Hale.  Vote 4-0, Unanimous. Notice of Intent Documents 241 Mass Ave 10-24-23 Pics, NOI Submittal_241 Massachusetts Ave, Site Plan_241 Massachusetts Ave Enforcement Order Documents 05-10-2023 Meeting Materials, 05-24-2023 Meeting Materials, 06-14-2023 Meeting Materials, 07-26-2023 Meeting Materials, 08-23-23 Meeting Materials, 09-27-2023 Meeting Materials Enforcement Order/Violation 242-1859, 0 Turnpike Street (Middleton Farms, LLC)  This item was not discussed. Documents 01-11-2023 Meeting Materials, 03-08-2023 Meeting Materials Enforcement Order/Violation 863 Winter Street (DeCamargo)  The Administrator states a letter from Norse Environmental was received today requesting items be allowed to remain through the winter months and be removed in the spring as part of a Notice of Intent. The original Enforcement Order was issued in May 2023. The amended Enforcement Order required hardscapes within the 25-foot NDZ and 50-foot NBZ were to be removed and an NOI to be filed for everything they are proposing with the 100-foot Buffer Zone. A restoration plan for restoring the 25-foot NDZ and 50-foot NBZ was required for the October 11, 2023 meeting however a continuance was requested.  Celio DeCamargo, the homeowner, states Merrimack Engineers are working on plans for the NOI.  The Commission discusses the Enforcement Order and agrees the homeowners are not in compliance since a removal and restoration plan has not been submitted. They also agree that fines will commence as of tonight to the extent allowed by the bylaw. A restoration plan must be submitted for review at the November 15, 2023 meeting. If a removal and restoration plan is submitted by the deadline the NACC will consider rescinding the fines.  A motion to amend the Enforcement Order as discussed is made by Mr. Lynch, seconded by Mr. Mabon. 2023-10-25 Conservation Commission Minutes Page 5 of 5 Approved 11/15/2023  Vote 4-0, Unanimous. Documents 05-24-2023 Meeting Materials, 06-28-2023 Meeting Materials, 07-26-2023 Meeting Materials,07-26-2023 Meeting Materials, 10-11-23 Request for Extension EMail - 863 Winter Street - No.Andover - Violation, 863 Winter Street - Enforcement Order 09 27 23, Norse 10-25-23 Proposal Enforcement Order/Violation I-495 Southbound On-Ramp – Tractor Trailer Oil Release  The Administrator states no new information has been provided and reviews the directives outlined in the Enforcement Order. If mechanized work is proposed a description must be provided to the Administrator. If the IRA deviates from the EO the Administrator will review it with the NACC.  The Commission agrees a status update must be provided at the next meeting.  No action is required at this time. Documents 10-11-2023 Meeting Materials General/New/Old Business Approval of 2024 Conservation Calendar  The calendar is not ready for review. Decision 242-1877, 271 Stevens Street (Stone)  The Administrator reviews the draft Order of Conditions.  The bond will be set in the amount of $1,000.  A motion to adopt the Order of Conditions as drafted by Mr. Lynch, seconded by Mr. Mabon.  Vote 4-0, Unanimous. Adjournment  A motion to adjourn at 8:33 p.m. is made by Mr. Lynch, seconded by Mr. Mabon.  Vote 4-0, Unanimous. 2023-10-25 Conservation Commission Minutes