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HomeMy WebLinkAbout2024-09-11 Conservation Commission Minutes Page 1 of 6 Approved 10/09/2024 North Andover Conservation Commission Meeting Minutes September 11, 2024 Members Present: Bradley S. Mustain, Sean F. McDonough, Marissa Valentino, Albert P. Manzi, Jr., Vice Chairman, John T. Mabon and Joseph W. Lynch Members Absent: Louis A. Napoli, Chairman Staff Members Present: Amy Maxner, Conservation Administrator Meeting came to Order at: 7:01 p.m. Quorum Present. Pledge of Allegiance Acceptance of Minutes The minutes for August 28, 2024 are not ready for review. General/New/Old Business 242-1833, Request for Extension, Sewer Rehab Project, Ipswich, Morningside & Flagship (N.A. DPW) 7:02 p.m. Mr. McDonough joins the meeting. The Administrator provides background information on the Order issued in January 2022. The Applicant is requesting a 1-yr extension in case the project extends into the spring. The work is scheduled to begin in the coming weeks with the goal of finishing by the end of October 2024. GVC Construction, a Lunenburg, Massachusetts-based contractor, will handle the job. Greg Hochmuth of Epsilon Associates is present. A motion to grant the 1-year extension is made by Mr. Mabon, seconded by Mr. Lynch. Vote 6-0, Unanimous. Documents 2021.01.11 - Final Approved Permitting Plans, Extension Request, MassDEP File# 242-1833 Request for Determination of Applicability 224 Chestnut Street (Christo) The Administrator states the project involves demolishing the existing deck and stairs, then rebuilding them in the same footprint while extending the deck by 2-ft using a cantilever. New footings will be in the same general area as existing. An additional set of stairs is planned along the southern side of the deck near the house. The existing deck is 19-ft from the intermittent stream and the existing stairs are 12-ft away. The stream is surrounded by lawn and rocks. The distance to the wetland will remain the same with the cantilever. The house was built in 1985 under DEP #242-253 and a COC was issued, with a visible deck and stairs in earlier aerial imagery. A waiver request has been submitted as the deck is currently in the 25-foot NDZ and 50-foot NBZ however the house was built without regulations in place. She recommends issuing a Negative #3 Determination, requiring erosion controls, pre-construction inspection with the Conservation Department and contractor, and a post-construction inspection. Mr. Lynch provides an explanation for the application's classification as an RDA application. Mr. Mabon voices concerns about the bridge and the landscaping along the stream because the NACC has jurisdiction over this kind of development. Greg Christo, the Applicant states the grass on the right side of the image projected on the screen is just weeds and mulch. He claims that although the land is not fertilized, the weeds are line-trimmed to keep overgrowth from obstructing the stream. When the house was bought, the land was already landscaped. According to Ms. Valentino, the 2-foot cantilever mentioned in the project description is not depicted in the deck designs. Mr. Christo says he is not sure where the Administrator got the design plans and that he does not have a copy of it. 2024-09-11 Conservation Commission Minutes Page 2 of 6 Approved 10/09/2024 The Administrator states the deck plans were submitted with the building permit. The Commission discusses the proposal and agrees they need updated drawings of the cantilever design. It must specify the distance between the house's back face and the current piers, and the frame plan must indicate that the piers are not to be any closer than they presently are. Mr. Lynch notes that this will not be an exact replacement because they are proposing five piers where there were only three before. Mr. McDonough expresses concerns with the additional staircase in the proposal. Mr. Christos claims the additional staircase was added to the design for his wife, who has mobility issues. A motion to continue to September 25, 2024, is made by Mr. Lynch, seconded by Mr. McDonough. Vote 6-0, Unanimous. Documents Deck_Plan_Tue_Aug_13_2024, IMG_3977, RDA Application with Supporting Materials 08 27 24 Request for Determination of Applicability 1701 Osgood Street (Extra Space Properties 104 LP) The Administrator states the project includes installing a utility pole and concrete encased conduits for electric cables. The site does not have wetlands, but there is a Buffer Zone projecting onto the site from a nearby wetland across the street. Work will be about 88-ft from the wetland, with silt sacs in catch basins used during the job. Trenching will occur in the paved access drive or just off its shoulder. An updated plan with notations has been provided. Mr. Mabon questions if any erosion controls are proposed within the Buffer Zone. Maureen Herald, Norse Environmental states that silt sacks are proposed within the catch basins on Osgood Street. However, the wetland is across the street down gradient from the project site. Mr. Lynch asks if the stormwater has been examined for this site. He questions the honeycomb feature depicted on the plan. According to Ms. Herald, this drainage channel has been there for decades. The location is currently under construction and features a perched water table. The Administrator reports that the proposal was reviewed by the Planning Board. In 1997, the NACC issued Negative #1, determining that the rip rap armored "swale" at the property's rear was not jurisdictional. Victor & Paula Andreoli, 15 Bradford Street express concerns with the location of the light pole and the pooling water near the property boundary since the first storage unit was constructed. They inquired whether alternative options were considered. According to Ms. Herald, the utility provider determines the pole's location. She claims that she is unclear about the lighting design for the new building. Mr. Lynch state there is a landscape light near the abutter property that is not subject to NACC jurisdiction. He recommends addressing concerns to the Planning Board and contacting the Town Planner in the morning for assistance. Mr. and Mrs. Andreoli stated they were never notified by the Planning Board about the project. The Administrator recommends issuing a Negative #3 Determination, requiring erosion controls, conducting a pre-construction inspection with the Conservation Department and contractor, containerizing excavated materials to protect the site, seeding and blanketing disturbed soils, and performing a post-construction inspection. A motion to close the hearing and issue Negative Determination #3 with conditions as recommended is made by Mr. McDonough, seconded by Mr. Mabon. Vote 6-0, Unanimous. Documents RDA - 1701 Osgood Street, Site Plan 1701 Osgood RDA Markup (2), Site Plan 1701 Osgood RDA Markup R1 S Updated 09.10.24 Abbreviated Notice of Resource Area Delineation 242-1889, 492 Sutton Street (NAAS Development, LLC) 2024-09-11 Conservation Commission Minutes Page 3 of 6 Approved 10/09/2024 According to the Administrator, materials supporting an ANRAD for a portion of Lawrence Municipal Airport consist of 110-LF of bank to an intermittent stream and 927-LF of BVW. The location is to the north of Runway 14. Along with the wetland scientist, the plan was updated in March by adjusting the flags. Mr. Lynch believes the submission is improperly before the NACC since there is an open OOC on the same plot of property that is in violation. Regarding the other project, he wonders how things are going since the glass pile collapsed into the wetlands. Since the tenant is impeding development, he thinks it is time for the landowner to confront them and demand that they resolve the problem. Andrew Thibault, Goddard Consulting LLC adds that no work is proposed; they are simply verifying the wetland lines. He feels that since this is all leased land and simply a wetland line, it should be unrelated. Mr. McDonough concurs that this is still regarded as a filing even though no work is suggested. In general, if a site has an EO or a violation, the NACC would not accept new filings. Ms. Valentino explains that new applications cannot be filed with an open OOC due to legal restrictions. However, the filing provides knowledge of BZ locations and allows work without NACC approval. The Commission discusses how to continue and decides that because certain projects are out of compliance, no new submissions should be accepted until those issues are resolved. They instruct the Administrator to send a letter to the landowner advising them that no further applications will be allowed under any circumstances until the violation is resolved. The Administrator has been directed to reject all applications. A motion to continue to September 25, 2024, is made by Mr. McDonough, seconded by Mr. Mabon. Vote 6-0, Unanimous. Documents 05-08-2024 Meeting Materials, 08-28-2024 Meeting Materials, 8131C 2024-09-10 STAMPED Notice of Intent (NOI) 242-1894, 1101 Turnpike Street (Mass Electric Company) The Administrator states the Applicant has requested a continuance. A motion to continue to September 25, 2024, is made by Mr. McDonough, seconded by Mr. Mabon. Vote 6-0, Unanimous. Documents Email from kkoncewicz@vhb.com requesting a continuance until 09/25/24 Notice of Intent (NOI) 242-1901, 1250 Osgood Street (1250 Osgood Street LLC) The Administrator states the Applicant has requested a continuance. A motion to continue to September 25, 2024, is made by Mr. McDonough, seconded by Ms. Valentino. Vote 6-0, Unanimous. Documents Email from merreng@aol.com requesting a continuance until 09/25/24 Notice of Intent (NOI) 242-1900, Great Pond Road (TONA) The Administrator states the Applicant has requested a continuance. A motion to continue to September 25, 2024, is made by Mr. McDonough, seconded by Ms. Valentino. Vote 6-0, Unanimous. Documents Email from jlv@envpartners.com requesting a continuance until 09/25/24 Notice of Intent (NOI) 242-1903, 186 Bradford Street (Ghikas) The Administrator states the Applicant has requested a continuance. A motion to continue to September 25, 2024, is made by Mr. McDonough, seconded by Mr. Mustain. Vote 6-0, Unanimous. 2024-09-11 Conservation Commission Minutes Page 4 of 6 Approved 10/09/2024 Documents Email from david@ghikas.net requesting a continuance until 09/25/24 Notice of Intent (NOI) 242-1899, 865 & 877 Johnson Street (Resca) The Administrator provides background on the proposal heard at a previous meeting. She states at the last meeting the Commission requested the engineer supply information on stormwater BMPs (driveway infiltration trenches and roof runoff infiltrators). Per Bill Dufresne, Jack Sullivan's original concept is replicated in the accompanying revised plan. Additionally, he is making use of Jack Sullivan's detail sheet for BMPs, which is on file with the Planning Board. Bill Dufrense, Merrimack Engineering gives a brief overview of the steps that were done to approve the lots initially. He claims that the consultant overlaid the Merrimack Engineering site design with stormwater during the land disturbance permit application process with the Planning Board. He claims he discussed overlaying the plans of the other consultants for the land disturbance permission and incorporating them into his own designs during his conversations with the Planning Director and Administrator. The Planning Board subsequently authorized this idea, according to Mr. Dufrense. For the two remaining lots, authorization is still valid. Mr. Lynch questions if Mr. Dufrense has permission to attach the detail sheet to the plan. He is worried about submitting two documents with different stamps as one. He suggests Merrimack Engineering recreate the detail page for a cleaner submission. According to Ms. Valentino, this cannot be done ethically without the other engineer's permission. Mr. Dufrense argues that when his plan was previously overlaid during the Planning Board process, his approval was never acquired. Mr. Mabon questions if they have stormwater approval from the Planning Board for the four lots. The Administrator states a copy of the Planning Boards decision was emailed to the NACC. The Commission agrees an updated detail sheet must be provided. No abutters are present. A motion to continue to September 25, 2024, is made by Mr. McDonough, seconded by Mr. Lynch. Vote 6-0, Unanimous. Documents 07-17-2024 Meeting Materials, 08-28-2024 Meeting Materials Enforcement Order/Violation 863 Winter Street (DeCamargo) The Administrator provides background on the Enforcement Order. She states she administratively approved removal of hazardous trees in close proximity to and heavy leans towards the house, many of which were rotted in the middle. She reports that all hardscape was removed from the 25-foot NDZ and 50-foot NBZ by the May 31, 2024 deadline, planting and seeding was finished on June 6th, and final sodding and wetland marker placement was done on June 26th. Erosion controls are in good shape and have been working effectively; work areas were quickly revegetated, and the homeowner has been attentive in watering the plantings and seeded areas. Due to scheduling complications with the Administrator for the pre-construction meeting, the homeowners were delayed by more than a week. Although they did not complete everything by the NACC's deadline, she recommends that the Commission rescind the fines ($19,500) because they made good faith efforts and completed all removal, restoration, and replanting in a timely manner. The EO must remain in place for two years to guarantee that plantings and seed areas meet desired survivorship. Celio DeCamargo the homeowner and Maureen Herald, Norse Environmental are present. The Commission discusses the fines and agrees to rescind the fines. A motion to rescind the fines in the amount of $19,500 is made by Mr. Mustain, seconded by Mr. Lynch. Vote 6-0, Unanimous. Documents 2024-09-11 Conservation Commission Minutes Page 5 of 6 Approved 10/09/2024 05-24-2023 Meeting Materials, 06-28-2023 Meeting Materials, 07-26-2023 Meeting Materials, 09-27-2023 Meeting Materials,10-25-2023 Meeting Materials, 11-15-2023 Meeting Materials, 12-13-2024 Meeting Materials, 3rd Amended Enforcement Order - 863 Winter Street 12 13 23, Canceled Pre-Construction Meeting 4-30-24, IMG_3709, IMG_3713, Norse Extension Request 5-30-24, Timeline Enforcement Order/Violation 340 Forest Street (Phelps) The Administrator reports that all unpermitted structures have been removed and while no replanting was necessary, the homeowner did plant three or four native trees. A site inspection was conducted on August 23rd, and the location was deemed to be in compliance with the EO. She recommends lifting the EO. A motion to lift the Enforcement Order is made by Mr. McDonough, seconded by Ms. Valentino. Vote 6-0, Unanimous. Documents 04-24-2024 Meeting Materials, 05-08-2024 Meeting Materials, 340 Forest Street - Enforcement Order 05 20 24, Pre & Post Removal Pics Enforcement Order/Violation Foster Street - Oil Spill BMP Removal Update The Chairman informs the Commission that the oil spill, which occurred two years ago in January, is still unresolved. He criticizes the insurance company for hiring Clean Harbors, whom he believes did a poor and uncooperative job. The insurance company stopped funding, leaving the clean-up incomplete, with oil booms and other materials still in the brook. The Administrator has already requested Clean Harbors to complete the clean-up of the booms and protective materials, but the Chairman suggests finding alternative methods to compel Clean Harbors or the owner of Hilton Oil to take responsibility. He emphasizes that running out of insurance funds does not negate the obligation to clean up the site. Mr. McDonough verifies that the NACC's Enforcement Order for the oil spill is still current. He questions if Clean Harbors exacerbated the situation despite Hilton Oil's responsibility. The Administrator states that Clean Harbor reached out in the spring to request to remove the booms, but they were asked to wait due to nesting season and how the habitat functions. She has spoken with Clean Harbors staff, who stated that services cease when payment is stopped. However, she has not received word on whether this is the situation with the oil spill. Melinda Perrone, 65 Meadowood Road, expresses worry over Clean Harbors' North Andover location along the brook. The Commission evaluates the situation and directs the Administrator to continue the communication in writing with Clean Harbors for no more than a week before requesting that Town Counsel draft a formal letter naming them as the responsible party to complete the clean up. A motion to continue to September 25, 2024, is made by Mr. McDonough, seconded by Mr. Mabon. Vote 6-0, Unanimous. Decision 242-1898, Rt. 114 & Turnpike Street ROW (North Andover DPW) 8:21 p.m. The Administrator leaves the meeting. The Commission reviews the draft Order of Conditions. 8:23 p.m. The Administrator rejoins the meeting. The bond will be set at $50,000. Additional language will be added about the pre-construction meeting with the Commission to present their dewatering and materials management plan. Condition #32 will be amended to include wording saying that if there is a contradiction between the Order of Conditions and the contract specifications, the Order of Conditions will prevail. The turbidity of the discharged water shall not exceed 40 NTU, as measured by the Environmental Monitor. A motion to adopt the Order of Conditions as drafted and amended is made by Mr. McDonough, seconded by Mr. Mabon. 2024-09-11 Conservation Commission Minutes Page 6 of 6 Approved 10/09/2024 Vote 6-0, Unanimous. Adjournment A motion to adjourn at 8:34 p.m. is made by Mr. McDonough, seconded by Mr. Mabon. Vote 6-0, Unanimous. 2024-09-11 Conservation Commission Minutes