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HomeMy WebLinkAbout2024-09-25 Conservation Commission Minutes Page 1 of 6 Approved 10/09/2024 North Andover Conservation Commission Meeting Minutes September 25, 2024 Members Present: Bradley S. Mustain, Louis A. Napoli, Chairman, Albert P. Manzi, Jr., Vice Chairman and Marissa Valentino Members Absent: Sean F. McDonough, John T. Mabon and Joseph W. Lynch 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 September 11, 2024 have not been reviewed. A motion to accept the minutes of August 28, 2024 as drafted is made by Mr. Manzi, seconded by Mr. Mustain. Vote 4-0, Unanimous. Certificate of Compliance 242-1875, 101 Colonial Avenue (Bhatia) The Administrator provides background on the Order issued in December 2023, which was delayed due to concerns that the well contractor had over vague and risky conditions in the Order. The contractor never started work on wells due to these concerns and eventually withdrew from the project. The homeowner is seeking a refund of their bond money, but a Certificate of Compliance (COC) must be recorded before the bond can be released. The homeowner is requesting the Conservation Commission waive the $200 COC application fee. The homeowner, Kunal Bhatia, claims he was unable to alleviate the drill team's worries about risk. Mr. Manzi states that he has no objections to the request and expresses regret that the project could not be completed. A motion to issue a Certificate of Compliance for work never undertaken and to waive the Certificate of Compliance application fee is made by Mr. Manzi, seconded by Ms. Valentino. Vote 4-0, Unanimous. Documents 2024-09-10 Naresh Bhatia - WPA Form 8A, Letter to the Town of North Andover Conservation Commission from Naresh and Kunal Bhatia Sep 10, 2024 Certificate of Compliance 242-1871, 95 Olympic Lane (McGrane) The Administrator provides background on the Order issued in August 2023. She states that the patio was modified, the dry well connected to the new roof surface, the site is stable, and erosion controls have been removed, demonstrating substantial compliance with the Order. Alex & Scott McGrane, the homeowners are present. Mr. Mustain requests to see a photo of the patio section (17-sq ft) that falls within the 50-foot NBZ. A motion to issue a full and final Certificate of Compliance is made by Mr. Mustain, seconded by Mr. Manzi. Vote 4-0, Unanimous. Documents 95 Olympic Lane North Andover as-built 7-28-24, COC Request Materials - 95 Olympic Lane 09 13 24, Pics Small Project 2024-09-25 Conservation Commission Minutes Page 2 of 6 Approved 10/09/2024 NACC #333, 190 Granville Lane (Renda) The Administrator presents the proposal for the construction of an 8x12 shed (96 sq ft) 51-feet from the wetland, however, field measurements show it is actually 54-feet away. The shed will be placed within the manicured lawn, avoiding any vegetation or tree removal. Crushed stone will be used underneath the shed, as indicated by the Applicant's plans. Mark West identified the BVW location to the northeast and the closest wetland being the intermittent stream bank. Recommendations include qualifying the project under category "C" approving the project as proposed with post-construction inspection. Matthew Renda, the Applicant is present. A motion to accept and approve this as a Small Project "C" with conditions as recommended is made by Mr. Manzi, seconded by Mr. Mustain. Vote 4-0, Unanimous. Documents IMG_3706, IMG_3707, Small Project Application with Supporting Materials 09 05 24 Request for Determination of Applicability 224 Chestnut Street (Christo) The Administrator provides background on the proposal heard at the previous meeting. As requested, updated drawings of the cantilever design and additional information were provided. The new footings will remain within the same general area as existing. The additional set of stairs are now proposed to project perpendicular to the house but no closer to the wetland than the existing deck. A formal waiver request has been submitted. Gregory Christo, the Applicant and his contractor are present. Mr. Manzi questions what the extent of excavation will be. According to the contractor, only manual excavation will be required to install the new footings. A motion to grant the waiver request as proposed is made by Mr. Manzi, seconded by Mr. Mustain. Vote 4-0, Unanimous. A motion to close the hearing and issue Negative Determination #3 with conditions (erosion controls and pre- and post-construction meetings) is made by Mr. Manzi, seconded by Ms. Valentino. Vote 4-0, Unanimous. Documents 09-11-2024 Meeting Materials, Email - Updated Deck Stairs measurements, Updated Aerial Plan with measurements to stream, Updated Sketch Plan 09-16-24 Request for Determination of Applicability 1265 Salem Street (Halleck) The Administrator presents the proposal to rehabilitate an existing 3-season rear porch and stairs while staying within the current footprint. A new deck, without stairs, will be added parallel to the house, connecting to the porch. Wetland boundaries were identified by Norse Environmental and verified by the outgoing Field Inspector. The existing porch is 52-feet from the BVW, while the new deck will be 56-feet away. New footings are needed for both structures, with construction access and stockpiling limited to the driveway, and all work done manually. Ms. Valentino confirms the vegetation under the new section of the deck will remain in place. Allison Halleck, the Applicant, states that the area is currently a lawn and they plan to leave it as is, except for the footings. A motion to close the hearing and issue Negative Determination #3 with conditions (erosion controls and pre- and post-construction meetings) is made by Mr. Manzi, seconded by Ms. Valentino. Vote 4-0, Unanimous. Documents IMG_3954, IMG_3955, IMG_3957, RDA Application with Supporting Materials 09 03 24, Site Notes (8-16- 2024) 2024-09-25 Conservation Commission Minutes Page 3 of 6 Approved 10/09/2024 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 October 09, 2024, is made by Mr. Manzi, seconded by Mr. Mustain. Vote 4-0, Unanimous. Documents Email from kkoncewicz@vhb.com requesting a continuance until 10/09/24 Notice of Intent (NOI) 242-1900, Great Pond Road (TONA) The Administrator states the Applicant has requested a continuance. A motion to continue to October 09, 2024, is made by Mr. Manzi, seconded by Ms. Valentino. Vote 4-0, Unanimous. Documents Email from jlv@envpartners.com requesting a continuance until 10/09/24 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 October 23, 2024, is made by Mr. Manzi, seconded by Mr. Mustain. Vote 4-0, Unanimous. Documents Email from merreng@aol.com requesting a continuance until 10/23/24 Notice of Intent (NOI) 242-1899, 865 & 877 Johnson Street (Resca) The Administrator provides background on the proposal heard at the previous meeting. New plans from the engineer/firm have been received and email correspondence between Jack Sullivan and Bill Dufresne regarding CAD files has been provided. Bill Dufrense, Merrimack Engineering is present. A motion to close and issue in 21 days is made by Mr. Manzi, seconded by Mr. Mustain. Vote 4-0, Unanimous. Documents 10385RESCA-SP01A1, 10385RESCA-SP01B, J. Sullivan Email_ 865 & 877 Johnson Street - North Andover Notice of Intent (NOI) 242-1903, 186 Bradford Street (Ghikas) The Administrator provides background on the proposal heard at a previous meeting. Per the Commission's request the detention basin, wetlands, and Buffer Zones were added to the plan. The plan shows dewatering mechanisms and methods in the form of a mulch sock and stone-lined dewatering basin at the back of the home. The plan additionally shows catch basins protected with silt sacks. Additionally, the Commission asked that parts of the system within the Buffer Zone be equipped with protective features against frost line damage and prevent groundwater infiltration. Ms. Valentino confirms the pavement in Bradford Street is being handled by the project and that specifications will be coordinated with the DPW. Bill Dufrense, Merrimack Engineering confirms the contractor is hired and awaiting permits. The 1000-gal monolithic pump tank will be waterproof and seal coated to prevent frost line damage and groundwater infiltration. The force main, over 4-ft deep, will be pitched back to the pump tank with a bleeder hole as shown on the profile. If all permits are secured, the Applicant is ready to begin work; the site is currently dry, and no dewatering is anticipated. David Ghikas, the Applicant is present. 2024-09-25 Conservation Commission Minutes Page 4 of 6 Approved 10/09/2024 A motion to close and issue in 21-days is made by Mr. Manzi, seconded by Mr. Mustain. Vote 4-0, Unanimous. Documents 08-28-2024 Meeting Materials, 186 BRADFORD ST._NORTH ANDOVER2A, 186 BRADFORD ST._NORTH ANDOVER2B Enforcement Order/Violation 49 Equestrian Drive (Maia) According to the Administrator, the September 20th deadline for planting installation has been reached and complied with. The next deadline for removing the stream crossing and restoring the stream bed is October 18th. An update will be provided at the meeting on October 23rd. Additionally, the Commission established a deadline of October 31st for submitting a stamped as-built plan and a request for a Certificate of Compliance (DEP #242-982). No action is required at this time. Documents 05-22-2024 Meeting Materials, 06-26-2024 Meeting Materials Enforcement Order/Violation 55 South Bradford Street (Chatterjee) The Administrator reports that on or around August 20th, vegetation clearing was noticed at 55 South Bradford Street. The clearing included removing dead/dying trees, understory, and shrubby trees from the BVW and Buffer Zone near the front wetland. The property is entirely within the Watershed and contains NHESP habitat in the rear. Additionally, unpermitted work was done on the headwall above the culverts under the driveway due to damage from intense rain events last year. While a new concrete headwall was constructed with poured concrete, stone and soil debris from the collapse was left in the stream and BVW. The Administrator mentioned that the homeowner aims to renovate a water feature and patio in the vicinity but emphasized the need to obtain permitting from the NACC, noting the property has an open Order (DEP #242-1102) for a force water main. After discussing the violation, the Commission orders the homeowner to cease and desist all activities, implement erosion controls, hire a wetland consultant for performing a wetland delineation, and develop a restoration and removal plan. A draft headwall debris removal plan is expected for review. A progress report is due for the October 09, 2024 NACC meeting, and attendance is required at the October 23, 2024 meeting. Priority is on removing debris from the stream and BVW, with restoration work planned for spring. The outstanding Order will be explained in the EO as well. A motion to issue an Enforcement Order as discussed is made by Mr. Manzi, seconded by Mr. Mustain. Vote 4-0, Unanimous. Documents 55 South Bradford Pics 9-19-24, 55 S. Bradford PLANS -Notice of Intent #242-1102, Pics, Violation Letter - 55 South Bradford Street 08 27 24 Enforcement Order/Violation 105 Hillside Road (Awerman) The Administrator provides background on the violation from a prior meeting, stating she met with the homeowner and wetland consultant on site. The wetland was delineated with some flags adjusted based on her observations, with new steps 21.5-ft from the BVW. She acknowledges the shed may be in the wetland and is unsure if it can be relocated outside the 50-foot NBZ. During the site visit they considered planting mitigation vegetation and installing a crushed stone drainage trench next to the new concrete to address runoff. While they found the pipe's exit from the steps, they couldn't locate its discharge point, which is believed to be in the lawn without apparent erosion. The roof runoff on the property's other side connects to the Town's stormwater system. 2024-09-25 Conservation Commission Minutes Page 5 of 6 Approved 10/09/2024 Mr. Napoli asks if the homeowner's water problems from the previous year have been resolved by the new steps. He is in support of the concrete remaining, yet he expresses problems with the shed which is located within the 25-foot NDZ. Alan Awerman, the homeowner, states the basement has been dry thus far, but he's not sure if this has resolved the problem given the lower water table. Ms. Valentino confirms shallow groundwater and advises against a stone trench due to potential water accumulation. The Commission notes the Town's prohibition on such practices and expresses concern about unauthorized connections. Mr. Mustain mentions the blue tarp in photos, indicating the homeowner's prior awareness of jurisdictional issues. The Administrator emphasizes the need to dispose of the waste materials and yard debris left by the former owner. Plans for addressing the violation are deliberated by the Commission. According to Mr. Awerman, the sump pump was added after the house was bought. To stop seepage into the basement, the sump pump's pipe was combined with the gutter downspout that already existed and piped out 10-ft. He speculates that the contractor might have drilled holes in the pipe to allow the water to absorb into the soil. After due discussion the Commission agrees to amend the Enforcement Order requiring the homeowner to locate the outfall pipe, remove yard waste, engage Professional Land Surveyor to prepare a survey of existing conditions and attend the October 9, 2024 NACC meeting to report progress. A motion to issue an amended Enforcement Order as discussed is made by Mr. Manzi, seconded by Mr. Mustain. Vote 4-0, Unanimous. Documents 08-28-2024 Meeting Materials, Front Oblique Aerial, Screenshot (47), Wetlands Measurement Aerial Enforcement Order/Violation 242-1787, 135 North Ramp Road (Lawrence Municipal Airport) The Administrator states a continuance is required due to a lack of quorum. Documents n/a Abbreviated Notice of Resource Area Delineation 242-1889, 492 Sutton Street (NAAS Development, LLC) The Administrator states a continuance is required. A motion to continue to October 09, 2024, is made by Mr. Manzi, seconded by Mr. Mustain. Vote 4-0, Unanimous. Documents n/a General/New/Old Business 2024 Hunting Dates (October 7th - November 30th) & Hunting - Online Permitting Discussion The Administrator and the Commission discuss the dates for bowhunting. According to her, the Conservation Department manages the present bow hunting permit system at Half Mile Hill, which restricts access to three hunters per week using paper permits. She questions whether the NACC would be in favor of switching to online permits for the next year, as the State now mandates online licensing. It is still necessary for hunters to complete observation forms; according to these reports, no deer have been harvested. She believes this is a result of the site's degree of hiking and dog activity. A motion to proceed with on-line permitting for the 2025 Hunting Season is made by Mr. Manzi, seconded by Ms. Valentino. 2024-09-25 Conservation Commission Minutes Page 6 of 6 Approved 10/09/2024 Vote 4-0, Unanimous. Adjournment A motion to adjourn at 8:25 p.m. is made by Mr. Manzi, seconded by Mr. Mustain. Vote 4-0, Unanimous. 2024-09-25 Conservation Commission Minutes