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HomeMy WebLinkAbout2021-02-10 Conservation Commission Minutes Page 1 of 6 Approved 2/24/2021 North Andover Conservation Commission Meeting Minutes February 10, 2021 Members Present: The following identified themselves as present on the call: Louis A. Napoli, Chairman, John T. Mabon, Joseph W. Lynch, Sean F. McDonough and Anthony Capachietti Members Absent: Albert P. Manzi, Jr., Vice Chairman and Douglas W. Saal Staff Members Present: The following identified themselves as present on the call: Amy Maxner, Conservation Administrator and Taylor Andrews, Field Inspector Meeting came to Order at: 7:08 p.m. Quorum Present. The Administrator, Amy Maxner reads the following statement: Pursuant to Governor Baker’s March 12, 2020 Order Suspending Certain Provisions of the Open Meeting Law, G.L. c. 30A, §18, and the Governor’s March 15, 2020 Order imposing strict limitation on the number of people that may gather in one place, this meeting of the North Andover Conservation Commission will be conducted via remote participation to the greatest extent possible. Specific information and the general guidelines for remote participation by members of the public and/or parties with a right and/or requirement to attend this meeting can be found on the Town’s website, at www.northandoverma.gov. For this meeting, members of the public who wish to watch the meeting may do so on their televisions by tuning to Comcast Channel 8 or Verizon Channel 26 or online at www.northandovercam.org. No in-person attendance of members of the public will be permitted, but every effort will be made to ensure that the public can adequately access the proceedings in real time, via technological means. In the event that we are unable to do so, despite best efforts, we will post on the Town of North Andover website an audio or video recording, transcript, or other comprehensive recording of the proceedings as soon as possible after the meeting. If the public would like to participate in public hearings please email your question/comment prior to or during the meeting to amaxner@northandoverma.gov. The question/comment will be read during the proceedings and responded to accordingly. Acceptance of Minutes ● A motion to accept the minutes of January 27, 2021 is made by Mr. Mabon, seconded by Mr. Lynch. ● Vote 5-0, Unanimous. Certificate of Compliance 242-1777, 500 Great Pond Road (North Andover Country Club) ● The Administrator provides background on the Order issued in January of 2020. All of the work has been completed in compliance with the approved plan. A site inspection was conducted in December, there are no outstanding issues, and the site is stabilized with sod. A subsurface UST full of heating oil was discovered during the project, it was removed under the supervision of an LSP with no complications or soil impacts. The Administrator recommends issuing a Certificate of Compliance with on-going conditions as prescribed in the Order. ● A motion to issue a full and final Certificate of Compliance is made by Mr. Lynch, seconded by Mr. Mabon. ● Vote 5-0, Unanimous. Documents NACC WPA Form 8A Request for Determination of Applicability 522 Pleasant Street, Stevens Pond Playground (Town of North Andover) ● The Administrator states the proposal is for the installation and construction of a new playground structure at Stevens Pond Bathing Beach near the existing pavilion building. The Administrator reviews the work description provided with the application. The proposed work is within the 100-foot Buffer Zone to the bank 2021-02-10 Conservation Commission Minutes Page 2 of 6 Approved 2/24/2021 of Stevens Pond. All work will occur outside of the 50-foot NBZ. The Administrator recommends to close the hearing and issue a Negative Determination #3 with pre-construction inspection with the Conservation Department to inspect erosion controls and post-construction inspection to observe final stabilized conditions and approve the removal of erosion controls. ● Mr. Mabon expresses concerns that an area of the play area is within the 50-foot NBZ. He requests that the pre and post construction inspections include inspection of the limits of the play area to ensure it is outside of the 50-foot NBZ. ● The Commission discusses the proposal and agrees to issue a Negative Determination #3 with pre and post construction inspections with the Conservation Department. ● A motion to issue a Negative Determination #3 as recommended is made by Mr. Mabon, seconded by Mr. Lynch. ● Vote 5-0, Unanimous. Documents 522 Pleasant Street - Legal Notice 02 03 21 - Public Notice, 522 Pleasant Street - Legal Notice 02 03 21 - Tribune, RDA-Stevens Pond Notice of Intent (NOI) 242-1787, 135 North Ramp Road (DeRosa) ● Mr. Napoli is recused due to a conflict of interest. There will be no discussion due to the lack of quorum. ● Mr. Lynch directs the Administrator to speak with MassDEP regarding the benefits or disadvantages to infiltrating through the “RAP” (recycled asphalt) and whether it is appropriate to cap it as they have proposed or infiltrate it in a distributed manner across the site. ● The Administrator agrees to reach out to MassDEP for more feedback. ● A motion to continue to February 24, 2021 is made by Mr. Lynch, seconded by Mr. Mabon. ● Vote 3-1-1 (In Favor: Mabon, Lynch, McDonough, Abstained: Capachietti, Recused: Napoli) Documents 06-10-2020 Meeting Materials, 12-09-2020 Meeting Materials, 01-27-2021 Meeting Materials 242-1802, 1010 Johnson Street (Riera) ● The Administrator provides background on the proposal. An update dated plan and alternatives analysis were received. The alternatives analysis provides a good rationale for the proposed location of the system within the 50-foot NBZ. Email correspondence from the Health Director was received stating that the BOH will issue its variance. The Administrator recommends the Commission discuss the waiver request for the 50-foot NBZ and close the hearing and issue an OOC in 21 days. ● Mr. Mabon questions the location of utility lines mentioned in the alternative’s analysis. ● Jim Kavanaugh, representative for the applicant, describes the location of the utility lines. The catch basin is a leaching drywell which picks up groundwater and has a 50-foot setback. ● A motion to approve the waiver of the 50-foot NDZ for the leaching field as proposed is made by Mr. Mabon, seconded by Mr. Lynch. ● Vote 5-0, Unanimous. ● A motion to close and issue in 21 days is made by Mr. Mabon, seconded by Mr. Lynch. ● Vote 5-0, Unanimous. Documents 01-13-2021 Meeting Materials, 01-25-21 Plan Revision 1010 Johnson, EMail BOH Variance Approval - 1010 Johnson Septic, Updated Alternatives Narrative 242-1800, 158 Forest Street (Triano) ● The Administrator background on the proposal. The applicant is requesting that the Commission find that there is no other practical locations for the pool, patio and shed, find that he has met the burden of proof that the project will not result in negative impacts to the potential ephemeral pool and that the ephemeral pool NDZ will be enhanced with the proposed planting mitigation plan and asks the Commission to grant a waiver. 2021-02-10 Conservation Commission Minutes Page 3 of 6 Approved 2/24/2021 ● Mr. Lynch states at the last meeting he commented that if this is an ephemeral pool, he would not be inclined to grant a waiver, the burden is to prove it is not a vernal pool. Per the regulations if this is an ephemeral pool the Resource Area whether certified or not is itself important as well as the ephemeral pool habitat. The 75- foot NDZ set back is from the habitat area. The provision in the regulations for granting a waiver does not allow it for a structure. ● Mr. Napoli does not believe that the consultant/applicant has tried to certified or de certified the pool as requested by the Commission. He questions whether the applicant/consultant would like to continue to research the ephemeral pool or if they would like the Commission to vote on the waiver request. ● David Cowell, Hancock Associates, questions if the prohibition for a structure is in the NDZ, NBZ or both. ● Mr. Lynch reads from Section 3.1 from the NACC Wetland Protection Regulations (Amended 3/23/16). ● Don Borenstein, Johnson & Borenstein LLC attorney for the applicant believes this section of the regulations needs to be squared with Section 5.2., which layout the standards for the Commission considering waivers from No-Build Zones. He reads from Section 5.2 from the NACC Wetland Protection Regulations. ● Mr. Lynch believes that section 5.2 allows the NACC to grant waivers of structures that may be permitted to be waived in section 3.1, and not the excluded areas that may not be waived. ● Mr. Capachietti states that he agrees with the applicant's attorney’s interpretation of the bylaw. He believes the NACC may promote regulations for Resource Areas and Buffer Zones not create new Buffer Zones and Resource Areas. He has conducted a site visit and states the depression seems to be confined to the abutter’s property. He does not believe this is a migratory habitat area. ● Mr. Lynch states he helped create the bylaw and believes they were clear on what they were looking to protect. When the bylaw was created the NACC consulted with consulting health and MACC’s help. The pool is very important but equally important is the upland habitat or resource areas adjacent to it for all the other interests that are defined in the bylaw and regulations. ● Mr. Napoli states the Commission strives for consistency and urges the applicant to speak with the abutter. He agrees with Commissioner Lynch’s opinion. ● Mr. Cowell states that the applicant spoke with the abutter and was denied access to the property. A formal waiver request was submitted, and it is his belief that they have clearly demonstrated that there would be no adverse by constructing a pool. He feels there would be a net benefit to the Resource Areas for which the bylaws are designed to protect through mitigation and questions if any of the Commissioner’s would protest this is inaccurate. ● Mr. Lynch and Mr. Mabon both believe this to be inaccurate. ● Mr. Lynch states per the bylaw a pool is specifically prohibited for consideration under a waiver request. ● Mr. Cowell states he feels the Commission can look at the request without the necessity of certification by considering where the extent of the pool itself. He states the bylaw is predicated on defining the extent of ephemeral pool as the mean water mark. Per the bylaw there is a 100-foot ephemeral pool habitat surrounding the pool and from the 100-foot habitat is where the 50-foot and 75-foot would be broadcast. The plan provided has not looked at the limit of work where the water is. If the level of water extends onto the subject property, they can evaluate, if not they can witness it from the property boundary with a rangefinder or modeling based on biography and flood plain and modify their lines accordingly if necessary. ● Mr. Lynch states Resource Area is the greater of the two, the pool itself and 100-feet beyond or if there is an associated BVW area that extends further is the greater of those two is where the 75-foot NBZ begins. ● Mr. Mabon states that the bylaw is stricter than the act. He believes that DEP would look differently at the project than the NACC because they interpret projects by the act, not the bylaw. The presumption of the bylaw is that the 75-foot NDZ has value to the ephemeral pool. It is up to the applicant to overcome that presumption to justify the project. ● Mr. Cowell states the house was built with 25/50-foot conventional NBZ/NDZ setbacks. The entire area of proposed work is not habitat in the existing condition. ● Mr. Lynch states if it is found to be an ephemeral pool they can withdraw without prejudice. ● The Administrator confirms with the Commission that if the BVW is 200-feet around an ephemeral pool the measurement of the 50-foot NDZ and 75-foot NBZ would start from the 100-feet of BVW regardless of how 2021-02-10 Conservation Commission Minutes Page 4 of 6 Approved 2/24/2021 much BVW is beyond it. She questions if there is a way to determine the mean high water of the pool and how much BVW extends beyond that. ● Mr. McDonough states he agrees with Commissioner Lynch’s interpretation of the regulations. He believes Section 3.1 and 5.2 do not contradict one another, but rather read hand in hand. He believes the NACC has a clear statutory construction to rely on. ● The Commission discusses the regulations and the waiver process. ● Mr. Borenstein states if the NACC allows a waiver of the 50-foot NBZ under traditional BVW setbacks, they can do the same for the 75-foot. ● Commissioner McDonough reads from Section 5.2. ● Mr. Borenstein requests to continue to allow more time to investigate. ● A motion to continue to February 24, 2021 is made by Mr. Lynch, seconded by Mr. McDonough. ● Vote 5-0, Unanimous. Documents 01-13-2021 Meeting Materials, 01-27-2021 Meeting Materials, 12-09-2020 Meeting Materials, Triano Letter 02-03-21 NACC #271, 1550 Salem Street (Carter) ● The Administrator states the applicant is seeking the installation of an above ground pool with a surrounding deck and stairs, deck expansion at rear of the house and new stairs and landing. Underground electrical connection to service pool equipment is proposed. The equipment will be set on a concrete pad. A new shed is proposed to be installed outside the 100-foot Buffer Zone. All work is outside the 50-foot NBZ and within the existing turf lawn; no removal of vegetation is required. The plan and the narrative speak to a pocket of hydric soils located between the proposed pool and the delineated IVW. Numerous soil samples were conducted in and around this pocket and found upland soils between the IVW and this pocket. Results show that the two are not hydrologically connected, the pocket too small to be regulated under the bylaw. The backyard is gently sloping toward the back of the property, then becomes wooded and then slopes uphill to rear property abutting Long Pasture Road properties. The site is not located within NHESP, but the rear property line abuts priority habitat located on Long Pasture Road properties. No other Resource Areas are on site. The Administrator recommends the Commission continue to March 10, 2021 allow time for staff to review the wetland line. ● The Commission discusses the request and agrees to continuance to allow the wetland line to be reviewed. ● A motion to continue to March 10, 2021 is made by Mr. Lynch, seconded by Mr. Mabon. ● Vote 5-0, Unanimous. Documents 1550 Salem Street - Legal Notice 02 03 21 - Public Notice, 1550 Salem Street - Legal Notice 02 03 21 - Tribune, CC Site Plan, Certificate of Mailing receipts, NOI SCAN - 1550 Salem Street - Local filing only 242-1805, 115 Ogunquit Road, Lot 4 (Breen) ● The Administrator states the site is currently a vacant wooded lot with the exception of portions of the site that were altered to build the stormwater drainage facilities that are associated with the subdivision road and alterations for a water main that runs through the property. The proposed work includes construction of a driveway, walkway, construction of a portion of a dwelling, installation of utilities and grading, within the 100-foot Buffer Zone, outside the 50-foot NBZ. The proposed septic system is outside the 100-foot Buffer Zone. Erosion controls are proposed along the limit of work, no detail is included on the plan. The site is within priority habitat NHESP. Per the NHESP January 2008 letter a building envelope was approved for the lots on this roadway. The building envelope for this property is called out on the plan. The northwestern corner of the property contains the 100-year floodplain at elevation 114; all proposed work is outside this zone. All work is well outside the 200-Foot Riverfront Area to Fish Brook. The Administrator requests a stockpile location, erosion control detail and dewatering to be depicted on the plan. She recommends the Commission continue to March 10, 2021 allow time for staff to review the wetland line. The Administrator 2021-02-10 Conservation Commission Minutes Page 5 of 6 Approved 2/24/2021 will continue to search for the OOC that governed the construction of the actual roadway and stormwater features. ● John Morin, Morin Cameron Group states the structures closest point to the wetland is 93-feet. A letter received from NHESP today reaffirms that they do not see this as a take and that they believe the project could be approved under an OOC. The consultant agrees to a continuance to allow time to review the wetland line. ● A motion to continue to March 10, 2021 is made by Mr. Mabon, seconded by Mr. Capachietti. ● Vote 5-0, Unanimous. Documents 115 Ogunquit Road, Lot 4 - Legal Notice 02 03 21 - Public Notice, 115 Ogunquit Road, Lot 4 - Legal Notice 02 03 21 - Tribune, Certificate of Mailing - Lot 4, Certified Mail - Return Receipt - MassDEP - Lot 4, Legal Notice-ConComm - Lot 4, Lot 4 Abutter Notice, Lot 4 NOI, Lot 4 Ogunquit SSD, Lot 4 Revised Wetland Fee Calcs 242-1806, Boxford Street, Lot 9 (Map 105A Lot 24) (Breen) ● The Administrator states the site is currently occupied by an existing building with associated driveways, concrete pads and utilities. The proposed work includes demolition of the existing building, removal of existing concrete pads, construction of a new dwelling, associated driveway and walkway, installation of utilities, sand fill, and vent associated with septic leaching facility and re-grading. The proposed work is within the 100-foot Buffer Zone, a portion of the proposed driveway will be within the 50-foot NBZ. A driveway requires a formal waiver request. Erosion controls are proposed along the limit of work, no detail is included on the plan. The site is within priority habitat NHESP. Per the NHESP January 2008 letter a building envelope was approved for the lots on this roadway. The building envelope for this property is called out on the plan. Portions of the property contain the 100-year floodplain at elevation 114; all proposed work is outside this zone. All work is well outside the 200-Foot Riverfront Area to Fish Brook. The site contains easements which are called out on the plan. The Administrator requests a stockpile location, erosion control detail and dewatering to be depicted on the plan. She recommends the Commission continue to March 10, 2021 allow time for staff to review the wetland line. ● Mr. Mabon states that it is important that a copy of the letters from NHESP be included for the record. He questions if it is possible for the driveway to skirt the 50-foot NBZ rather than encroach as proposed. ● John Morin, Morin Cameron Group states copies of the letters from NHESP have been provided. Due to the location of the house they are unable to get the turn radius to enter the garage if they stay outside of the 50- foot NBZ. A formal waiver request will be submitted for the driveway. ● Mr. Capachietti confirms the proposed work is no closer than the existing water main and hydrant depicted on the plan. ● Mr. Morin states this is part of the work mentioned earlier in the hearing by the Administrator. A COC was received for the water main. The edge of the driveway is approximately 6-feet up from the edge of the hydrant. ● The Administrator requests that the consultant provide the DEP # for the water main. ● Mr. Morin agrees to provide the DEP # for the water main as well as information on the subdivision. ● A motion to continue to March 10, 2021 is made by Mr. Lynch, seconded by Mr. Mabon. ● Vote 5-0, Unanimous. Documents Boxford Street, Lot 9 - Legal Notice 02 03 21 - Public Notice, Boxford Street, Lot 9 - Legal Notice 02 03 21 - Tribune, Certificate of Mailing - Lot 9, Certified Mail - Return Receipt Requested - Lot 9, Lot 9 Abutter Notice, Lot 9 Boxford St SSD, Lot 9 NOI, Lot 9 Revised Wetland Fee Calcs Decision 242-1799, 243 Great Pond Road (Windhill Builders) ● The Administrator reviews the drafted Order of Conditions. 2021-02-10 Conservation Commission Minutes Page 6 of 6 Approved 2/24/2021 ● The Commission discusses Condition #44 requiring an additional roll of erosion blanket endorsed by MACC. The bond will be set in the amount of $3,000.00 due to work in the CR and Watershed. The Commission reviews the language in Condition #47. Condition #50 requires the installation of wetland markers on weather resistant posts at 35-foot intervals. Condition #59 states the contractor shall provide dewatering BMPs approved by Administrator and placed on site prior to work. ● A motion to adopt the Order of Conditions as drafted and amended is made by Mr. Mabon, seconded by Mr. Lynch. ● Vote 5-0, Unanimous. 242-1802, 1010 Johnson Street (Riera) ● The Administrator reviews the drafted Order of Conditions. ● The Commission discusses Condition #44 requiring an additional roll of erosion blanket endorsed by MACC. Condition #57 will be the standard condition due to the location of the project. The bond will be set in the amount of $ 2,000.00 ● A motion to adopt the Order of Conditions as drafted and amended is made by Mr. Lynch, seconded by Mr. Mabon. ● Vote 5-0, Unanimous. Signature Authorization - Permits Issued at the 02/10/2021 Meeting ● The Administrator states a vote needs to be taken authorizing her to sign decisions, permits and forms on behalf of the Commission for the following; o Certificate of Compliance for 500 Great Pond Road. Determination of Applicability for 522 Pleasant Street. Orders of Conditions for 243 Great Pond Road and 1010 Johnson Street. ● A motion to allow the Administrator to sign the permits as proposed is made by Mr. Lynch, seconded by Mr. Mabon. ● Vote 5-0, Unanimous. Adjournment ● A motion to adjourn at 8:40 p.m. is made by Mr. Lynch, seconded by Mr. Mabon. ● Vote 5-0 Unanimous. 2021-02-10 Conservation Commission Minutes