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HomeMy WebLinkAbout2021-04-14 Conservation Commission Minutes Page 1 of 11 Approved 5/26/2021 North Andover Conservation Commission Meeting Minutes April 14, 2021 Members Present: Louis A. Napoli, Chairman (in-person/present), John T. Mabon (in-person/present), Joseph W. Lynch (in-person/present), Albert P. Manzi, Jr., Vice Chairman (in-person/present) and Sean F. McDonough (remote present) Members Absent: Anthony Capachietti Staff Members Present: Amy Maxner, Conservation Administrator (in-person/present) and Taylor Andrews, Field Inspector (in-person/present) Meeting came to Order at: 7:08 p.m. Quorum Present. Pledge of Allegiance Acceptance of Minutes A motion to accept the minutes of March 24, 2021 is made by Mr. Mabon, seconded by Mr. Lynch. Vote 4-0, Unanimous. General/New/Old Business Eagle Scout Owl Box Project, Giving Garden (Aakash Nandipaku) The Administrator states the proposed project consists of the installation of owl boxes at the Rolling Ridge property near the Giving Garden. The owl boxes will be outside the 100-foot Buffer Zone but within the CR area held by the Town. An aerial map has been provided. Aakash Nandipaku, Eagle Scout Troop #87 presents. The proposal consists of two owl boxes to help mitigate the rodent population that is eating the garden. Mr. Lynch would like to know how the need for the owl boxes was determined and what material will be used. ved in the Giving Garden and Troop #87 for three to four years, they were the first beneficiary that came to mind. The owl box project was one of the ideas the Giving Garden was Mr. Manzi would like to know if there is a particular species of owl they are seeking to house. Mr. Nandipaku states they are looking to house the barn owls, which he has been told frequent the area. A motion to issue a Friendly Enforcement Order for the construction of owl boxes is made by Mr. Mabon, seconded by Mr. Lynch. Vote 4-0, Unanimous. Documents Aakash Nandipaku - Eagle Scout Project Proposal, Aakash Nandipaku Eagle Proposal General/New/Old Business 242-1721, Request for Extension & Modification, 562 Boxford Street (Heider) The Administrator provides history on the Order, issued on May 24, 2018. Per the applicant the approved plan showed no deck, walkway, access steps, retaining walls, patios and landscaping amenities. The Administrator reviews the proposal for the construction of a patio off the northeast corner of the house. Two decks and associated stairs over the patio, a front porch, retaining walls, associated walkways, steps and a gas line service. None of these elements are within the 50-foot NDZ to Ephemeral Pool. The retaining wall and walkways are outside of the 75- The applicant is also seeking a 1-year extension to the Order which is due to expire on May 24, 2021. Mr. Manzi questions if the Ephemeral Pool has been certified if so, have they received a waiver request and alternatives analysis. 2021-04-14 Conservation Commission Minutes Page 2 of 11 Approved 5/26/2021 The Administrator states this is a certified Ephemeral Pool, no waiver request or alternatives analysis was received. Jim Heider, Sr. states the septic system built in the field and the Order have different sill elevations, the Order elevations are much higher which caused some grading issues. The Administrator states the walls and walkways are not an issue as they are outside the 75-foot NBZ. The front porch could be shifted so that it is outside of the 75-foot NBZ. The patio can be moved towards the west with a set of stairs off the slider. Mr. Manzi states there is no permit that allows a waiver from the 75-foot NBZ. He recommends they move all work out of the NBZ at the northeast corner of the property. . Mr. Lynch feels a 52-foot setback is appropriate for the deck with a 75-foot setback for the patio. The Administrator shows photos of the site taken today, and states that the proposed front porch could be moved outside the 50-foot NDZ. The Commission discusses the proposal and agrees the applicant must file an amendment to the Order. The bulkhead which was not part of the original filing must be included in the amendment. Mr. Manzi directs the applicant to have his consultant speak with the Administrator for direction on how to proceed. A motion to deny the modification request is made by Mr. Lynch, seconded by Mr. Manzi. Vote 4-0, Unanimous. A motion to grant a 1-year extension is made by Mr. Lynch, seconded by Mr. Manzi. Vote 4-0, Unanimous. Documents 4-3-2021_Plan for conservation_562 Boxford st, APPROVED PLAN 562 BOXFORD PLAN SHEET 1 REV 5- 18-18, Request for minor modification 562 Boxford st Certificate of Compliance 242-1776, 805 Forest Street (Benayoud) The Administrator states at the last meeting, the Commission instructed the applicant to have the wetland investigated for vernal pool function. A report from Norse Environmental was received confirming this a vernal pool habitat. There is currently a chain link fence installed with a gate to the wetland installed at the 25-foot NDZ, inside the 50-foot NBZ. Maureen Herald, Norse Environmental states the backyard lawn area has been established since 2001. She does not believe a chain link fence will impact the vernal pool. Amphibians are unlikely to travel through lawn areas which provide no protection from the sun or predators. Mr. Manzi would like to know when the fence was installed. The Administrator states she believes the fence was installed last fall or early spring 2021. The project was designed by the engineer to meet the potential vernal pool setbacks. A preconstruction meeting was held on March 16, 2020, the conditions of the Order were reviewed, one of which states any changes to the plan must be approved by the NACC. Mr. Lynch questions if the Order speaks to mowing activity in the backyard lawn area. The Administrator states there was no condition in the Order restricting the use of the backyard lawn area. Ms. Herald questions if the Commission would reconsider the fence location if they filed an amendment. The Commission agrees to allow the consultant to come back with a proposal to allow them to make a final ruling. A motion to continue to April 28, 2021 is made by Mr. Manzi, seconded by Mr. Lynch. Vote 4-0, Unanimous. Documents 03-24-2021 Meeting Materials, Areal 3, Areal 4, Areal1, Areal2, Vernal Pool Letter 4-12-21 Certificate of Compliance 242-1774, 633 Turnpike Street (Ryley) 2021-04-14 Conservation Commission Minutes Page 3 of 11 Approved 5/26/2021 The Administrator provides background on the Order issued in June of 2020. The site is stable and in compliance. She ordered removal of the erosion control mulch sock from the base of the slope behind the rain garden. The removal was completed, and a small area of exposed soil remained, this area has been seeded and mulch pellets have been placed. Wetland markers and No Snow Stockpiling signs have been installed in their appropriate locations. The Administrator states there is a narrow strip of grass that is struggling on the driveway shoulder, she has requested this area to be sodded but overall, she has no issues with recommending a full Certificate of Compliance. A motion to issue a full and final Certificate of Compliance is made by Mr. Manzi, seconded by Mr. Lynch. Vote 4-0, Unanimous. Documents complete COC filing, Final Approved Site Plan 633 Turnpike - 02-19-20 Certificate of Compliance 242-628, Partial COC Request, 40 Meadowood Road (Jacobs) The Administrator provides background on the Order issued in November of 1992. The property has changed ownership five times since 1993. The certifying engineer notes that the rear retaining wall is located slightly within the 25-foot NDZ in a couple sections. The site is stable and there is no evidence of wetland violations. The Administrator recommends issuing a Partial Certificate of Compliance. A motion to issue a Partial Certificate of Compliance is made by Mr. Mabon, seconded by Mr. Lynch. Vote 4-0, Unanimous. Documents As-Built Plan 02 05 21, COC Request 03 30 21 Small Project NACC #93, Renewal, 660 Great Pond Road (Giving Garden @ Rolling Ridge) The Administrator states the applicant is seeking a Small Project renewal for the Giving Garden at Rolling Ridge. The Field Inspector conducted a site visit with Fran Fink and reported that the produce washing station previously approved by the NACC was installed in the proper location. The Giving Garden continues to use no-till gardening to maintain the soil microbial community and prevent erosion. Organic blood meal and compost from on-site bins were used as alternatives to synthetic fertilizers. Straw and composted leaf litter is used as a mulch. Weeds are controlled by mowing, hand pulling and mulching with straw, leaf litter and wood chips. Colorado potato beetles are controlled by hand removal and applications of Neem oil. The soils on site are stable and mulched, the wetland buffer is being respected with no evidence of any erosion or runoff from the garden. The Field Inspector recommends removal of seed heads on Crown Vetch to prevent spread into the buffer zone. The Administrator recommends renewing the Small Project for 1-year. A motion to renew the Small Project for 1-year is made by Mr. Lynch, seconded by Mr. Mabon. Vote 4-0, Unanimous. Documents 20210330_102424, 20210330_102443, Soil Conservation Report March 2021 - word Request for Determination of Applicability 267 Osgood Street (Desmond) The Administrator states the applicant is seeking to install a backyard vinyl fence along the 25-foot NDZ to the bank of an intermittent stream, no BVW is present. Approximately 200-feet of fence is proposed, most of which is within the 50-foot NBZ. The owners have agreed to the 4-inch gap requirement at the bottom of the fence to allow for critter migration. Straw wattles will be installed between the area of disturbance and the 25- foot NDZ. The homeowner has offered to plant native woody vegetation and or a combination with native grass seed within the 25-foot NDZ, to help stabilize the area. Conservation staff reviewed the proposal with the Chairman, and he recommended moving the section of the fence at the 25 NDZ back by 3-feet to ensure the fence is outside of the 25-foot NDZ and seeding to enhance the area. The Administrator recommends closing the hearing and issuing a Negative #3 Determination with conditions as follows; a pre-construction 2021-04-14 Conservation Commission Minutes Page 4 of 11 Approved 5/26/2021 inspection of the erosion controls, recommend appropriate native seed mix, all excavated soils from post holes shall be taken off site and post-construction inspection to verify compliance and erosion control removal. Mr. Lynch states no gates are permitted, soil may be removed from site or broadcasted upgradient of the fence line. Mr. Napoli requests wetland markers be placed on the fence. The Commission discusses the request and agrees the revegetation mix must be submitted to and approved by the Conservation Department. The fence shall be no closer than 28-feet from the intermittent stream at its closest point. A motion to issue a Negative Determination #3 with conditions as recommended and discussed is made by Mr. Lynch, seconded by Mr. Manzi. Vote 4-0, Unanimous. Documents 267 Osgood Street - Legal Notice 04 07 21 - Public Notice, 267 Osgood Street - Legal Notice 04 07 21 - Tribune, 267 Osgood_DOA marked survey, 267 Osgood_Plot Plan, Checklist, Extension_Abutter Notification_20210317, NDZ Waiver, WPA FORM 1_DOA Request for Determination of Applicability 874 Salem Street (Cullen) The Administrator states the applicant is seeking the removal of an existing deck in need of repair and replacing it with a larger deck that will connect the house to the pool. The proposed deck will wrap around approximately 1/4 of the pool diameter. The new deck will be approximately 1,200 s.f. and will require eighteen (18) footing holes to be dug and filled with concrete. The plan has outlined the access route to the work area and material drop area. The Field Inspector visited the site and reported that the existing pool is approximately 60-feet from the edge of the wetland, the existing deck is approximately 93-feet from the edge of the wetland. The new deck will be approximately 64-feet from the edge of the wetland at its closest point. He also noticed that there is a very old shed within the 25-foot NDZ. The Administrator believes it is possible that the shed was overlooked during prior site visits due to the dense thicket of vegetation around it. Mr. Lynch would like to know if the shed has a foundation. The Field Inspector states the shed appears to sit on concrete blocks. The Commission discusses the shed and agrees it is to be removed by hand. No additional excavation is to be performed other than what is permitted for the deck. The Administrator recommends issuing a Negative #3 Determination with conditions as follows; a pre- construction inspection of the erosion controls, all excavated soils from footing holes to be taken off site and post-construction inspection to verify compliance and removal of shed by hand. A motion to issue a Negative Determination #3 with conditions as recommended is made by Mr. Mabon, seconded by Mr. Lynch. Vote 4-0, Unanimous. Documents 874 Salem Street - Legal Notice 04 07 21 - Public Notice, 874 Salem Street - Legal Notice 04 07 21 - Tribune, 874 Salem Street_ Proof of Mailing 1 of 2, 874 Salem Street_Proof of Mailing 2 of 2, 874 Salem Street_RDA Application with Supporting Materials 03 29 21, 20210407_113832, 20210407_114520, Salem St 874 GIS Map Request for Determination of Applicability 428 Winter Street (Ford) The Administrator states the proposal is for an in-kind replacement of the existing deck and stairs. The work includes the installation of seven (7) new concrete footings and replacement of rotting sheeting on home. All materials to be disposed of via a dumpster which will be placed in the driveway. Erosion controls are proposed to be installed between the work and the 25-foot NDZ. The deck is approximately 42-feet from the edge of the BVW at its closest point. A waiver request has been included to build the deck in its current 2021-04-14 Conservation Commission Minutes Page 5 of 11 Approved 5/26/2021 location due to the access/egress points, moving it would be cost prohibitive. The NACC approved a septic system upgrade within the 50-foot NBZ in 2000; plans showed the existing deck, a COC was issued in 2001. The Administrator recommends issuing a Negative #3 Determination with conditions as follows; a pre- construction inspection of the erosion controls, all excavated soils from footing holes removed from the Buffer Zone and post-construction inspection to verify compliance and removal of erosion controls. Mr. Lynch requests measurements of the deck as part of the final inspection. A motion to issue a Negative Determination #3 with conditions as recommended and discussed is made by Mr. Lynch, seconded by Mr. Mabon. Vote 4-0, Unanimous. Documents 428 Winter Aerial Map, 428 Winter Street - Legal Notice 04 07 21 - Public Notice, 428 Winter Street - Legal Notice 04 07 21 - Tribune, Abutters List + Letter for 428 Winter Street, Application Checklist for 428 Winter Street, NACC Filing Fee Calculation Worksheet, Pictures for 428 Winter Street - North Andover, Proof of certified mail for 428 Winter Street, Proof of mailing for 428 Winter Street, Proposed deck plans, Signed Application for 428 Winter Street with aerial map and waiver request worksheet, Winter St 428 Septic Upgrade Plan 2000 8:27 p.m. Mr. Lynch requests a brief recess. Request for Determination of Applicability Old Wildcat Road (aka Purgatory Lane) (Manzi) 8:29 p.m., Mr. McDonough joins the meeting remotely. Mr. Manzi recuses from the discussion due to a conflict of interest. The Administrator states the proposal for Old Wildcat Road comes under an Agricultural Exemption per 310 CMR 10.04 (b) 3, Normal Maintenance of Land in Agricultural Use for the repair or replacement of existing access roads and livestock crossing. Old Wildcat Road is a Town ROW that connects Lancaster Road and Foster Street and provides access to land that has been in agricultural use since the 1940's. The applicant owns and hays the parcel known as Meadow Fish Place with frontage on Old Wildcat Road. The parcel is normally accessed from Foster Street over a stone culvert/bridge that spans a section of Mosquito Brook. The stone culvert located on a separate private property is deteriorating and in need of cost-prohibitive repairs. The culvert is not currently stable enough to support the applicant's heavy equipment and hay product, with a possibility of culvert collapse. Access from the Lancaster Road side is necessary in order to continue the haying operation safely. The proposal includes normal maintenance of the ROW involving trimming of shrubs and limbs as well as filling in some of the rutted areas with suitable base material. They propose to use a ¾-inch stone base, power level and then roller. No expansion to the existing access roadway footprint is being sought and no alteration of resource areas is proposed. Work will be performed in the Riverfront Area and Buffer Zone. Although this activity is exempt from regulation, the applicant wished to be transparent with neighbors, the Commission and the Town as to his intention to perform this maintenance work. A site visit was conducted by Conservation Staff and the delineation was found to be reasonable. There are stonewalls on either side of the right of way which contain the limit of work. The Administrator recommends closing the hearing and issuing a Negative #5 Determination citing that the work does not require a NOI as it meets the following Agricultural Exemption: 310 CMR 10.04 (b) 3. She recommends a pre-construction site inspection to observe and/or direct erosion control installation and post-construction inspection to verify compliance and erosion control removal. Mr. Lynch states the applicant has prescribed rights to the roadway. Although the activity is exempt, he believes the applicant is being forthright by permitting the work. Mr. McDonough confirms that this is an existing roadway in need of updating and that the culvert is no longer in good shape. The Administrator states the roadway requires some maintenance to allow easy access. She agrees the culvert is deteriorating and in need of cost-prohibitive repairs. The proposal was shared with the Town Engineer and DPW Director, neither of which had any concerns with the proposed project. 2021-04-14 Conservation Commission Minutes Page 6 of 11 Approved 5/26/2021 Greg Hochmuth, Williams & Sparages states the access off of Lancaster Road hasn't been used for approximately 2-3 years so there are some small shrubs which would make it difficult to drive through. The Administrator reads an email from P. Barrett, an abutter who expresses concerns with Lancaster Road becoming a second entrance, length of time to complete the project and the amount of noise. She requests assurance the work proposed will not cause additional flooding to her property. Mr. Hochmuth states that the access has been in existence since 1945, it will not be used as the principal entrance. There is no time frame currently on how long the maintenance will take to complete at this time. Work will take place during regular construction hours, with typical construction equipment. A beaver deceiver was installed in 2008/2009. The project is not proposed to fill the floodplain, no changes have been activity causes more dams which is highly likely. The Administrator reads an email from B. Barrett, an abutter, who expresses concerns that improvements will encourage additional vehicle access. He states the roadway has not been used in 30+ years. Mr. Hochmuth states that an NOI was filed in 1993 for the same maintenance proposed tonight through the agricultural exemption. He has been informed there has been activity in that roadway as recently as 3-years ago. Public vehicles will not be permitted to drive through the first section of the roadway. Mr. Napoli states if the DPW holds the ROW the roadway cannot be gated and closed off. Mr. Hochmuth states the Foster Street side is an easement owned by the applicant. Mr. Lynch questions if it's the applicant's intention to chain/cable it to prevent access. Mr. Hochmuth states the easement is currently gated with no intention to remove the gate to allow access. A motion to issue a Negative Determination #5 with conditions as recommended is made by Mr. Lynch, seconded by Mr. McDonough. Vote 4-1-0, (In Favor: Mabon, Napoli, Lynch, McDonough, Recused: Manzi). 8:58 p.m., Mr. McDonough leaves the meeting. Documents Abutter Receipts, DPW Email - No Comments on Wildcat RDA, Old Wildcat Road - Legal Notice 04 07 21 - Public Notice, Old Wildcat Road - Legal Notice 04 07 21 - Tribune, Old Wildcat Road - RDA, RDA Extension Form, RDA_FISHPLACE-PPP Request for Determination of Applicability 415 Boxford Street (Young) 8:58 p.m., Mr. Manzi rejoins the meeting. The Administrator states the applicant is seeking to install an above ground pool just off the deck at the rear of the house within the 100-foot Buffer Zone to BVW. The proposed pool will be between the 50-foot NBZ and a pressurized water line running from the well to the house. The plan depicts an elevated knoll between the proposed pool and the wetland, this provides natural protection to the wetland. The side of the knoll may need to be cut into and retained to accommodate the pool. A site inspection was conducted, and the wetland line was found to hold true. There is an area within the 25-foot NDZ that is experiencing yard waste dumping. The homeowner has agreed to remove it and find a new location outside the 25-foot NDZ. All work is within the existing lawn and requires no removal of vegetation. The property has a previous Order (242-1665) for a septic system upgrade, wetland markers have been placed, a COC has not been issued. Clarification is still required for the location for the pool equipment. Jeffery Young, the homeowner, would like to know if it's possible to propose a smaller pool requiring no retaining wall or grading. Mr. Lynch states a smaller pool would minimize the amount of earth work and possibly allow the proposal to remain an RDA. The Commission discusses the request and agrees that the open Order must be closed out before another permit can be issued. They recommend the applicant show the proposed pool on the as-built plan required for the COC request. A motion to continue to April 28, 2021 is made by Mr. Manzi, seconded by Mr. Lynch. Vote 4-0, Unanimous. 2021-04-14 Conservation Commission Minutes Page 7 of 11 Approved 5/26/2021 Documents 415 Boxford St RDA Permit Certified Mail Reciepts, 415 Boxford Street - Legal Notice 04 07 21 - Public Notice, 415 Boxford Street - Legal Notice 04 07 21 - Tribune, 415_Boxford_Street_USGS_Locus_Map_Thu_Apr_1_2021_07-58-35, NACC_Filing_Fees_Checklist_Thu_Apr_1_2021_08-01-56, Notification_to_Abutters_Thu_Apr_1_2021_08- 00-06, PDF1100-01_Mon_Mar_15_2021_12-53-24, Young- 415_Boxford_St_Narrative_of_Work_to_be_Done_-_Pool_Permit_Thu_Apr_1_2021_08-00-17 (1), Young- 415_Boxford_St_WPA-Form_1_RDA_Application_(1)_Thu_Apr_1_2021_07-59-55 General/New/Old Business Eagle Scout Compost Outhouse Project, Giving Garden (Marie Hearst) Marie Hearst, Eagle Scout Troop #87G presents the proposal for the installation of a compost outhouse to take the place of the porta potty currency in place at Rolling Ridge property near the Giving Garden. The proposed toilet will be a self-contained system. A solar panel will be installed to generate enough energy to help the system compost faster and eliminate odors. The system will require periodic maintenance. Mr. Lynch would like to know if an operator's manual has been created for the facility. Ms. Hearst states she is planning to prepare a poster as part of the project. The Administrator states that based on the Field Inspector measurements, the proposed composting outhouse will be outside the 100-foot Buffer Zone but within the CR area. A motion to issue a Friendly Enforcement Order for the compost outhouse project is made by Mr. Lynch, seconded by Mr. Manzi. Vote 4-0, Unanimous. Documents Marie Eagle Project Workbook, Outhouse Plans, outhouse, Rolling Ridge trail and property map Request for Determination of Applicability Millpond Townhomes Clubhouse (Millpond Homeowners Association) The Administrator states the condo association proposes to construct an addition outside of jurisdiction at the eastern corner of the existing clubhouse building. The existing deck will be demolished and a new larger deck with stairs and associated concrete slab constructed in its place. An ADA ramp off the east side of the deck has been proposed, most of this is outside jurisdiction. The existing walkway leading to the deck will be replaced with a 5-foot wide asphalt walkway in the same footprint. Twenty-three (23) new footings are required for the deck and ADA ramp. The stockpile location has been noted on the plan located outside of jurisdiction. The work on the deck, walkway and corner of the ramp is outside of the 50-foot NBZ and outer reaches of the 100-foot Buffer Zone associated with BVW at the edge of Mill Pond embankment. All work is outside of the 200-foot Riverfront Area. The Administrator recommends issuing a Negative #3 Determination with conditions as follows; a pre-construction inspection of the erosion controls, all excavated soils from the addition and footing to be removed from the site and post-construction inspection to verify compliance and approve removal of erosion controls. Mr. Lynch requests drainage improvements due to the added impervious area for the walkway. Andrew Street, Civil Design Consultants, Inc. agrees to add a drip edge on the downstream edge of the walkway. A motion to issue a Negative Determination #3 with conditions as recommended and discussed is made by Mr. Lynch, seconded by Mr. Mabon. Vote 4-0, Unanimous. Documents MillPond Clubhouse RDA - Submittal Package - 4-1-21, Millpond Townhomes Clubhouse - Legal Notice 04 07 21 - Public Notice, Millpond Townhomes Clubhouse - Legal Notice 04 07 21 - Tribune, Proof of Mailing Notice of Intent 242-1787, 135 North Ramp Road (DeRosa) 2021-04-14 Conservation Commission Minutes Page 8 of 11 Approved 5/26/2021 The applicant requested a continuance via email. A motion to April 28, 2021 is made by Mr. Manzi, seconded by Mr. Lynch. Vote 4-0, Unanimous. Documents Email from dcowell@hancockassociates.com requesting a continuance until 4/28/21 Notice of Intent 242-1800, 158 Forest Street (Triano) The applicant requested a continuance via email. A motion to continue to April 28, 2021 is made by Mr. Manzi, seconded by Mr. Lynch. Vote 4-0, Unanimous. Documents Email from dcowell@hancockassociates.com requesting a continuance until 4/28/21 Notice of Intent 242-1807, 108 Rosemont Drive (Shetty) The Administrator states a revised plan was received as requested by the NACC. The wetland line has been reviewed and found to be acceptable. The proposed work is approximately 85-feet from the edge of BVW at its closest point. Mr. Mabon confirms the driveway will be used as the construction access. The Administrator suggests protecting the catch basin in the backyard and driveway. She recommends closing the public hearing and issuing a decision in 21 days. Mr. Lynch would like to know if the consultant can provide background information on the catch basins. Mike Seekamp, Seekamp Environmental states he spoke with the project engineer who does not know where the catch basins daylight. He suspects the catch basins daylight to the rear left of the house near the patio area. The Commission discusses the catch basins and agree they require to be protected during construction. A motion to close and issue in 21 days is made by Mr. Manzi, seconded by Mr. Mabon. Vote 4-0, Unanimous. Documents 03-10-2021 Meeting Materials Notice of Intent 242-1808, Beechwood Drive (Map 34, Lot 50) (The Stubblebine Company) The Administrator states a revised plan and final peer review letter was received. The Planning Board closed and issued an approval decision. She describes the two areas of wetland that were modified, which did not significantly impact the site plan. The Administrator reviews a list of questions sent to the project engineer along with his responses. She reviews the updated plan showing the snow storage and erosion controls with the Commission. A generic spec sheet was provided for dewatering. No waivers were requested for this project. Jason Hill, TF Moran, Inc. states a special permit for parking reduction was withdrawn without prejudice due to a ruling by the Inspector of Buildings. Some updates to the plan include changes to the delineation and removal of work from within the 25-foot NDZ & 50-foot NBZ. He suggests pushing the perimeter security fence out to provide additional snow storage vs. the side areas storage proposed in the revised plan. Mr. Lynch states pushing out the security fence to allow for snow storage would be ideal. He requests no stockpiling signage at the end of the parking area. The Commission discusses the proposal and agrees a dewatering detail is required on the plan set. A motion to continue to April 28, 2021 is made by Mr. Manzi, seconded by Mr. Lynch. Vote 4-0, Unanimous. Documents 03-10-2021 Meeting Materials, 2nd Peer Review Beechwood Drive 04-01-21, 31968-00 Stubblebine Site Plans_Rev01, 312319 Dewatering 2021-04-14 Conservation Commission Minutes Page 9 of 11 Approved 5/26/2021 Notice of Intent 242-1810, Osgood Pond Dam (Sutton Pond Condominium Trust) The Administrator states the proposal is for the maintenance/repair work on the Osgood Pond Dam. The dam was audited by the Office of Dam Safety and given a poor rating. Per the ODS the existing vegetation on the upstream and downstream side of the dam is starting to impact the structural integrity of the earthen berm dam. All of the vegetation including roots need to be removed and the side slopes backfilled and seeded. Per the engineer ODS would like to see grassy slopes with no woody vegetation growing on the slopes. The scope of work has been divided into phases so that it is a manageable cost for the condo association and to prevent destabilization of the paint stumps to prohibit sprouting and remove all of the shrub layer and roots. Two drainage outlets on the downstream side of the berm will receive new rip rap aprons. Work is within the BVW, Riverfront and Buffer Zone. The Administrator states she requested resource area impact calculations, as work in the Riverfront cannot be avoided. This initial phase proposed is an attempt to bring the dam up to a "fair" rating. The engineer was unable to provide an exact time table for when the next phases would be undertaken. A site visit was conducted, and the wetland delineation is acceptable. A DEP file number was issued with no technical earth disturbance the Administrator believes an interim erosion control plan is appropriate. The Commission discusses the proposal and feels a third- Mr. Lynch states that each phase of the project will require separate applications. Limhout Tiv, Goldsmith, Prest & Ringwall, Inc. provides background on the request. The proposal was reviewed informally by ODS. Once an OOC has been issued by the NACC the applicant must obtain a Chapter 253, Part A Permit from ODS to review the work proposed. He believes a third-party peer review is not necessary when ODS will have the final say in the work permitted. He states that they are not altering the wetland, they are performing maintenance work. They are happy to provide the area of disturbance, this is not areas of alteration. Mr. Lynch states the NACC has requested third-party peer reviews on far less significant projects regardless of who/what other agency is overseeing i perspective. It is critical to know how one phase leaves off and stabilizes before the next phase starts. Mr. Tiv states he understands the Commission concerns with the removal of the vegetation and roots. However, he does not understand what can be recommended by a third-party peer reviewer. Mr. Manzi would like to know the last time maintenance was performed on the dam. Mr. Tiv states he is not aware of any maintenance being performed on the dam. The Commission agrees that a third-party peer review will be required for the project and ensures the engineer that he will be included in the process. Mr. Tiv agrees to the request for third-party peer review. A motion to continue to April 28, 2021 is made by Mr. Lynch, seconded by Mr. Manzi. Vote 4-0, Unanimous. Documents Certificate of Non-Compliance and Dam Safety Order 02 18 21, Energy & Environmental Affairs DEP#, Osgood Pond Dam - Legal Notice 04 07 21 - Public Notice, Osgood Pond Dam - Legal Notice 04 07 21 - Tribune, Osgood Pond Dam NOI Application (2021 March), Osgood Pond Dam NOI Site Plan (2021 March) Enforcement Order/Violation 50 Duncan Drive (Jeong) The Administrator states a violation was observed by staff for the construction of a concrete walkway within the 25-foot NDZ, rebuilding of 2 decks within the 50-foot NBZ, redistribution of excess soil within the 25- foot NDZ and the 50-foot NBZ, and brush dumping within the 25-foot NDZ. All work was also ordered to cease. The homeowner and contractor were responsive immediately. Erosion controls were installed with assistance of our Field Inspector. The homeowner is working with a wetland consultant to delineate the wetlands. As of April 12th, the homeowner has removed most of the brush to an area outside the 25-foot NDZ and 50-foot NBZ. 2021-04-14 Conservation Commission Minutes Page 10 of 11 Approved 5/26/2021 Mr. Manzi would like to know when the house was built. The Administrator states she does not have that information but will research this for the NACC. She recommends a formal EO be issued with the following directives; continue to cease and desist, marking the buffer zone, delineation of the wetland to determine if the work is permissible under an after-the-fact application or not. Mr. Mabon would like to know how far along the construction is. The Field Inspector states the project is in the process of demolition. Mr. Manzi requests historical aerials to be provided at the next meeting. He states that a surveyed existing conditions plan is required. A motion to issue an Enforcement Order as recommended and discussed, and the item is continuing to the May 26, 2021 meeting is made by Mr. Manzi, seconded by Mr. Lynch. Vote 4-0, Unanimous. Documents 50 Duncan Drive Violation Letter, 20210412_092708, 20210412_092759, 20210412_093359 Enforcement Order/Violation 1806 Salem Street (Diamond) The Administrator provides background on a previous violation. The applicant restored the area of expansion and installed erosion controls but has not yet submitted a NOI for the existing driveway as requested by the NACC. Recently a complaint was made to the Inspector of Buildings and Town Manager about work trailers being stored in this area, which is a zoning violation. The trailers were moved immediately. After consulting with the Chairman, he recommended a follow up letter to the homeowner requiring his attendance at a meeting to discuss a new deadline for the submission of an NOI and possible fines if the deadline is not met. The previous date given to the homeowner for NOI submission was July 2020. Mr. Lynch states the applicant must restore the disturbed area or submit an NOI by June 9, 2021. If this new deadline is not met fines will be issued in the amount of $25 per day going back to the July 2020 deadline. Scott Diamond, the homeowner states he would like to restore the area but requires guidance. The Commission discusses the EO and agrees the area must be restored to lawn. Mr. Mabon makes it clear that the existing RAP needs to be removed and then loamed and seeded in that footprint. A motion to issue an amend Enforcement Order as recommended is made by Mr. Lynch, seconded by Mr. Manzi. Vote 4-0, Unanimous. Documents 1806 Salem aerial 2012, 1806 Salem aerial 2014, 1806 Salem Street 2020 Aerial, 20200429_124911, Enforcement Order 02 06 20, Enforcement Order 06 29 20, Enforcement Order Follow Up Letter - 1806 Salem St. 04-01-21 Signature Authorization 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 Friendly Enforcement Order for Eagle Scout Owl Box Project, Giving Garden and Eagle Scout Compost Outhouse Project, Giving Garden. Extension Request for 562 Boxford Street. Certificate of Compliance for 633 Turnpike Street. Partial Certificate of Compliance for 40 Meadowood Road. Small Project Renewal for 660 Great Pond Road. Request for Determination of Applicability for 267 Osgood Street, 874 Salem Street, 428 Winter Street, Old Wildcat Road and Millpond Townhomes Clubhouse. Enforcement Order for 50 Duncan Drive and 1806 Salem Street. o A motion to allow the Administrator to sign the permits as proposed is made by Mr. Lynch, seconded by Mr. Manzi. Vote 4-0, Unanimous. 2021-04-14 Conservation Commission Minutes Page 11 of 11 Approved 5/26/2021 Adjournment A motion to adjourn at 10:38 p.m. is made by Mr. Lynch, seconded by Mr. Manzi. Vote 4-0 Unanimous. 2021-04-14 Conservation Commission Minutes