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HomeMy WebLinkAbout2025-01-22 Conservation Commission Minutes Approved 02/12/2025 Albert P. Manzi Jr., Chair Bradley S. Mustain John T. Mabon, Vice Chair Marissa Valentino Joseph W. Lynch Jr.Matthew Bohenek Sean F. McDonough Town of North Andover North Andover Conservation Commission January 22, 2025 Members Present: Matthew Bohenek, Sean F. McDonough, Albert P. Manzi Jr., Chairman, John T. Mabon, Vice Chairman, Joseph W. Lynch, Jr., Marissa Valentino and Bradley S. Mustain Members Absent: n/a Staff Members Present: Amy Maxner, Conservation Administrator Meeting came to Order at: 7:00 p.m. Quorum Present. Pledge of Allegiance Acceptance of Minutes A motion to accept the minutes of December 11, 2024, as drafted was made by Mr. Mabon, seconded by Mr. Mustain. Vote 4-2, (In Favor: McDonough, Mabon, Lynch, Mustain, Abstained: Valentino & Bohenek). Certificate of Compliance 242-1877, 271 Stevens Street (Stone) The Administrator reviewed an Order issued in October 2023 for patio expansion and retaining wall extensions within the Buffer Zone but outside the 50-foot No Build Zone (NBZ) to a Bordering Vegetated Wetland (BVW). The project was approved after-the-fact after unauthorized excavation led to a cease-and- desist order. The site is now stable, with erosion controls removed. A minor modification for a boulder retaining wall was administratively approved. Post-construction, the patio is slightly larger and closer to the wetland than proposed but remains outside the 50-foot NBZ. A motion to issue a full Certificate of Compliance was made by Mr. McDonough, seconded by Mr. Mabon. Vote 6-0, Unanimous. Documents 271 Stevens As-built_10-24-24, 271 Stevens CofC Pics, Boulder wall sketch_12-2023 Admin. Approved by Chair, COC Request - 271 Stevens Street Certificate of Compliance 242-1058, 20 Nutmeg Lane, Lot 13 (Robbins) The Chair stated the Applicant has requested a continuance. A motion to continue to February 12, 2025, was made by Mr. McDonough, seconded by Mr. Mabon. Vote 6-0, Unanimous. Documents Email from merreng@aol.com requesting a continuance until 02/12/25 Small Project NACC #337, 36 Autran Avenue (Fraser) The Administrator reported that the homeowner has addressed previous compliance issues by removing a non-compliant shed and repositioning a fence within the property line. With the site now in compliance, the Commission can proceed with reviewing the proposed deck, which is 51-ft. from the Bank of Intermittent necessary, but a post-construction inspection will be required. Justin Fraser, Frasers Home Services was present for questions. Mr. Mabon noted that a canopy and masonry patio remain within the 50-foot No Build Zone (NBZ). The Administrator stated that the canopy is not permanent. A motion to accept and approve this as a Small Project "A" with conditions as recommended was made by Mr. McDonough, seconded by Mr. Mabon. Vote 6-0, Unanimous. Documents 11-13-2024 Meeting Materials, Shed Removal and Fence Relocation pics 1-21-25 Small Project NACC #340, 120 Milk Street (Costerisan) The Administrator explained that the project involves installing a 6-foot wood privacy fence within the 100- foot Buffer Zone and adding screening plantings in a bare area between the 50-foot No Build Zone (NBZ) and the 25-s a freeboard gap at the base of the fence to allow for wildlife movement and water flow. The project narrative also references clearing conducted by a neighboring property at 80 Chestnut Street, which will be addressed later under enforcement orders. A site visit was conducted, and measurements confirmed consistency with the existing as-built plan. The fencing and plantings. Conditions include a pre-construction meeting with the Conservation Department and the fence contractor, selecting native plantings from an approved list, and a post-installation inspection to ensure compliance. Mr. Lynch inquired whether the landscaping would be done by the homeowner or a contractor. Liz Costerisan, the Applicant, confirmed they plan to hire a landscape architect. Mr. Lynch requested that both the fence contractor and landscape architect receive copies of the Small Project Permit (SPP). Mr. Mabon noted that plantings must be approved by the Conservation Department. discussed was made by Mr. McDonough, seconded by Mr. Mustain. Vote 6-0, Unanimous. Documents Small Project Application with Supporting Materials 01 06 25 Request for Determination of Applicability 410 Foster Street (Putnam) Mr. Manzi confirmed that he is not an abutter to the project. The Administrator outlined the project, which involves existing lawn area, requiring no vegetation removal. The shed will be positioned at a minimum distance of 54-ft. from the Bordering Vegetated Wetland (BVW), as conservatively measured by Conservation Staff. No gravel around the shed, with dimensions of eithe structure by hand without the use of construction equipment, completing the installation within one day. The Administrator recommends closing the hearing and issuing a Negative Determination #3 with conditions. Conditions include a pre-construction site visit with Conservation Staff and the homeowner to measure and confirm that the shed location remains 54-ft. from the BVW before gravel placement, as well as a post- construction inspection with Conservation Staff and the homeowner to verify compliance. Kyle Putnam, the Applicant, was present. No abutters were present. A motion to close the hearing and issue Negative Determination #3 with conditions as recommended was made by Mr. Mabon, seconded by Mr. Lynch. 2025-01-22 Conservation Commission Minutes Page 2 of 6 Vote 6-0, Unanimous. Documents RDA Application with Supporting Materials - 410 Foster Street 01 08 25 Modification 242-1903, 186 Bradford Street (Ghikas) The Administrator presented a Modification request for the Order of Conditions (OOC) issued in October 2024, which governs the abandonment of an existing septic system and the installation of a force main sewer connection. The OOC was previously modified in November 2024 for a gas line installation. This latest Modification proposes installing a generator within the lawn near the rear northeast corner of the house, inside the 25- constrained by site conditions. The homeowner was not in favor of placing it in the front yard due to aesthetic and safety concerns and additional trenching requirements within the 25-foot NDZ and 50-foot No Build Zone (NBZ). The Administrator suggested potential mitigation, such as allowing a section of lawn to revert to a natural state. existing gas termination point, requiring only a 3-ft. trench. Mr. Mustain expressed willingness to consider mitigation. Ms. Valentino supported mitigation and suggested a barrier to prevent future use of the area. Mr. Lynch agreed, emphasizing the need for a physical barrier to restore a natural buffer. tside the 25-foot NDZ. Mr. Ghikas explained that alternative locations have conflicts, including windows, a fireplace, and the septic system, requiring extensive trenching. Mr. Mabon asked if any structures currently exist within the 25-foot NDZ. The Administrator confirmed that a portion (corner) of the sunroom is within the 25-foot NDZ. Mr. Lynch requested confirmation from the Building Department and Electrical Inspector on the feasibility of the proposed location, noting that any shift in placement would require further review. Mr. Ghikas stated that both the generator installer and Eversource approved the location, which aligns with line is already in place. A motion to grant the waiver with required mitigation and a physical barrier to restore the area to a natural state was made by Mr. Lynch, seconded by Mr. Mabon. Vote: 5-1 (In Favor: Bohenek, Mabon, Lynch, Valentino, Mustain; Opposed: McDonough). A motion to approve the Modification with the condition that any relocation of the generator moves further from the 25-foot NDZ and is reported to the Administrator, but if it shifts closer to the wetland the NACC will have to review and approve, was made by Mr. Lynch, seconded by Mr. Mabon. Vote 6-0, Unanimous. Documents Modification Request - 186 Bradford Street 01 03 25, NDZ - NBZ Waiver Request Worksheet - 186 Bradford Street 01 03 25 Notice of Intent (NOI) 242-xxxx, 94 Morningside Lane (Staropoli) The Administrator outlined the project, which includes a 1,147-sq. ft. addition with a full foundation and basement on the northwest side of the existing dwelling. The living room will be reconfigured and expanded by 405-sq. ft., shifting 3-ft. back to align with the new addition. The rear deck will extend 7.6-ft. north, and a new 64-sq. ft. porch/landing with stairs will be added on the north side. All work remains outside the 50-foot No Build Zone (NBZ) to off-site Bordering Vegetative Wetlands (BVWs). Wetland delineations were verified with no flag changes. Construction access will be through the driveway and front and northerly side yard, requiring removal of a few trees due to root impacts and lean. Stockpile and dewatering areas are designated 2025-01-22 Conservation Commission Minutes Page 3 of 6 outside the 100-foot Buffer Zone. A shed will be removed but has an optional relocation area on the plan. Yard waste at WF A3 is noted for removal as a preconstruction condition. Mr. Mustain questioned the entrance plan, noting the stairs face the wetland area. Michael Staropoli, the Applicant, stated that access will be around the house, with an alternative option through the garage. Mr. Mustain requested an access path be shown on the plan, including proposed materials. Peter Blaisdell, Williams & Sparages agreed to add a proposed stone path and garage access. Ms. Valentino inquired about restoring the construction access area. Mr. Blaisdell confirmed plans to grade, loom, and seed the disturbed area, maintaining it as lawn unless additional landscaping is desired. The Administrator requested a revised plan to reflect the actual lawn edge and tree locations. Mr. Lynch raised concerns about vehicle access over the cross slope and potential regrading needs. He noted that while the ridge line acts as a physical barrier, access remains a challenge. Mr. Blaisdell will review spot elevations for accuracy. Mr. Mabon questioned how the stockpile would be removed given site constraints. Mr. Blaisdell stated that excavated material will be reused for backfill, with excess spread on-site. The Administrator suggested an alternative method involving truck removal via the driveway. Mr. Mabon confirmed all work remains within erosion control limits and requested updated plans reflecting proposed changes. No abutters were present. A motion to continue to February 12, 2025, was made by Mr. McDonough, seconded by Mr. Mabon. Vote 6-0, Unanimous. Documents 94 Morning Side Pre-Hearing Pics, 94 Morningside Color Rendering, 94 Morningside Drive Revised January 17 2025, 94 Morningside Lane - NOI Narrative_R1, End of Driveway - 94 Morningside Lane, Northern Side of House - 94 Morningside Lane, Notice of Intent - 94 Morningside Lane, site pics Enforcement Order/Violation 80 Chestnut Street (Rivas/Ariza) The Administrator reported that the new property owners are undertaking a full home renovation and have begun landscaping work, including clearing within the Buffer Zone, which was brought to her attention by an abutter. The general contractor has been responsive to directives. Plans include installing a pool, which may be outside the Buffer Zone; however, given associated features like patios, the Administrator recommended delineating the wetland and mapping all Buffer Zones before further landscape planning. A wetland consultant will assist in developing a restoration planting plan for the cleared area. Contractor Steve Arsenault stated that the wetland was surveyed and flagged earlier that day. The surveyor is scheduled to mark the 25-foot No Disturb Zone (NDZ), 50-foot No Build Zone (NBZ), and 100-foot Buffer Zone, as well as the proposed pool location, next week. Mr. Mustain inquired whether they would return for review at the first or second March meeting. Mr. Arsenault expressed a preference to return as soon as possible, aiming for pool installation before summer, as he believes it will be outside the 100-foot Buffer Zone. The Administrator noted that an NOI may not be required, depending on the final placement of project elements. The restoration work will be addressed under an Enforcement Order. The survey plan will clarify whether any formal filings are needed. Mr. Lynch confirmed that the Violation Letter, which included a cease and desist directive, has been followed except for Administrator approved actions. He emphasized the importance of submitting necessary documentation promptly and stated that an NOI would be required for any work within jurisdiction. Mr. Arsenault confirmed that they have engaged LEC Environmental Consultants and intend to present the required materials at the next meeting. Mr. Mabon inquired about the disturbance setback. 2025-01-22 Conservation Commission Minutes Page 4 of 6 The Administrator clarified that the disturbance is within the 25-foot NDZ but does not extend into the wetland. She also noted that existing ancient deadfall within the wetland will remain undisturbed as habitat wood. Liz Costerisan, 120 Milk Street expressed concerns regarding tree and shrubbery removal, noting that multiple abutters have filed complaints with the Conservation Department. She stated that her Small Project Permit, reviewed earlier in the meeting, was submitted in direct response to tree removal at 80 Chestnut Street, as there are now no trees between the properties. She also raised concerns about erosion along Chestnut Stre property edges to mitigate the issue. Given the loss of trees, she is particularly concerned about water flow, wetland impacts, and the need for tree restoration, regrowth, and foliage. Following discussion, the NACC agreed to issue a formal Enforcement Order requiring all work within the wetland and 100-foot Buffer Zone to cease and desist. The EO mandates a formal wetland delineation, preparation of a restoration planting plan, and submission of a survey plan for review at the March 12th meeting. A motion to issue and ratify the Enforcement Order as discussed was made by Mr. McDonough, seconded by Mr. Mabon. Vote 6-0, Unanimous. Documents 80 Chestnut Street - Follow Up Violation Letter 01 16 25, 80 Chestnut Street - Violation Letter 12 17 24 Enforcement Order/Violation Foster Street Oil Spill Status/Boom Material Removal The Administrator provided an update on the enforcement action against Hilton Oil. Removal work began on January 16th, including the extraction of green boom/erosion control sock and marine/absorbent boom from various locations along Foster Street and Lost Pond Road. Two sections of the boom remain frozen in place. Clean Harbors is requesting permission for removal to be completed once the ice melts and clarified that machinery would be used only in the field, not in the wetland. The Commission discussed the best approach for removal, considering potential environmental impact, the type of equipment to be used, and whether to proceed immediately or wait for thawing conditions. The NACC voted to issue an amended Enforcement Order directing Hilton Oil Company, Inc. to submit a narrative detailing the least invasive methods for removing the remaining materials from Mosquito Brook and the wetland by February 12, 2025. Remove all remaining booms and associated materials and dispose of them properly within 30-days from January 22nd. Fines were administratively suspended but will be reinstated retroactively at $100/day if the February 12, 2025, deadline is not met. A motion to amend the Enforcement Order as discussed was made by Mr. Lynch, seconded by Mr. McDonough. Vote 6-0, Unanimous. Documents April 2024 Aerial, Foster Street Oil Spill for Hilton Oil - Enforcement Order 01 08 25, Foster Street Oil Spill for Hilton Oil - Enforcement Order Fines 01 13 25, IMG_0160, IMG_0161, IMG_0162, Town of North Andover Mail - Fwd_ FW_ Boom Removal from Hilton Oil Site on Mosquito Brook Enforcement Order/Violation 242-1787, 135 North Ramp Road (Lawrence Municipal Airport) previous comments. A draft Enforcement Order (EO) was prepared to align the restoration plan with enforcement actions and the existing Order of Conditions. Since both the EO and Order must proceed concurrently, she recommended recording them simultaneously. She also confirmed discussions with the consultant regarding pre-construction requirements. Mr. Manzi inquired about the timeline for assembling a team. Brian Geaudreau, Hancock Associates estimated that a team would be in place by May or June. 2025-01-22 Conservation Commission Minutes Page 5 of 6 The Administrator requested a report within 30-on must vet the Licensed Site Professional (LSP) candidate and an erosion control monitor. She questioned whether it was too soon to name a contractor. Mr. Geaudreau agreed that it was premature to select a contractor but emphasized the importance of naming an LSP for Commissions review. A discussion followed regarding the expiration date of the original Order. The Administrator stated that the Order has been extended through legislative tolling and is expected to remain valid until 2027 or 2028. The Commission agreed that work must begin no later than May 31, 2025, but in the meantime progress check-ins are required every 30-days to track contractor selection, cost estimates, and overall project status. A motion to ratify the Enforcement Order as amended was made by Mr. McDonough, seconded by Mr. Mabon. Vote 5-1, (In Favor: Bohenek, McDonough, Mabon, Lynch, Mustain, Recused: Valentino). Documents 10-09-2024 Meeting Materials, 12-11-2024 Meeting Materials, 2nd Amended EO Findings, Directives DRAFT - Glass Pile Breach - 01-22-25, 242-1787, 135 North Ramp Road OOC, 2025.01.08-20736- restoration plan-R2 Decision 242-1905, 155 Christian Way (Kilcoyne) The Administrator reviewed the draft Order of Conditions. The language in Condition #41 will be revised to prohibit signage from being attached to trees. A motion to adopt the Order of Conditions as drafted and amended was made by Mr. McDonough, seconded by Mr. Mustain. Vote 5-1, (In Favor: McDonough, Mabon, Lynch, Valentino, Mustain, Abstained: Bohenek). Adjournment A motion to adjourn at 8:47 p.m. was made by Mr. McDonough, seconded by Mr. Lynch. Vote 6-0, Unanimous. 2025-01-22 Conservation Commission Minutes Page 6 of 6