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HomeMy WebLinkAbout2022-01-26 Conservation Commission Minutes Page I of 5 Approved 0210912022 North Andover Conservation Commission Meeting Minutes January 26,2022 Members Present: Anthony Capachietti(remote), Sean F. McDonough, Louis A.Napoli, Chairman,Albert P. Manzi,Jr., Vice Chairman,John T. Mabon(remote) and Joseph W. Lynch Members Absent: n/a Staff Members Present: Amy Maxner, Conservation Administrator and Taylor Andrews,Field Inspector (remote) Meeting came to Order at. 7:05 p.m. Quorum Present. Pledge of Allegiance Pursuant to Chapter 20 of the Acts of 2021, this meeting of the North Andover Conservation Commission will be conducted in person and via remote means, in accordance with applicable law. 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, in person attendance of applicants, their representatives, members of the public and Commission members will be permitted Members of the public who wish to watch the meeting live may do so on their televisions by tuning to Comcast Channel 8 or Vernon Channel 26 or online at www.northandovercam.org. 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 record of proceedings as soon as possible after the meeting. If the public would like to participate in public hearings, but not attend the meeting in-person, please email your question/comment prior to or during the meeting to amaxner northandoverma. �ov_. The question/comment will be read during the proceedings and responded to accordingly. Acceptance of Minutes • A motion to accept the minutes of January 12, 2022, is made by Mr. Mabon, seconded by Mr. McDonough. • Vote 4-1 (In Favor: Capachietti, McDonough,Napoli,Mabon,Abstained.• Lynch). Notice of Intent(NOI) 242-1787, 135 North Ramp Road(DeRosa) • The Administrator states a continuance has been requested. • A motion to continue to February 9, 2022,is made by Mr. McDonough, seconded by Mr. Mabon. • Vote 5-0,Unanimous. Documents Email from m_miller(�lawrencemunici�alair ort.com requesting a continuance until 219122 Notice of Intent(NOI) 242-1834,35 Hollow Tree Lane(Nugent) • The Administrator provides background on the proposal for the replacement of a failing septic system. A violation of the 25-foot NDZ was observed during a site visit. The property contains NHESP habitat and 100- Year Floodplain,but all work is outside of these zones.A revised plan has been received to include the restoration (removal of the stone and posts along with enhancement plantings) as requested. A DEP number has been assigned and the project is ready to close and issue. • Mr. Lynch questions if the Order will be carried out by the current Applicant. • Thorsen Akerley,Williams& Sparages confirms this is correct. • Mr.Napoli confirms the Applicant will undertake the restoration in the spring. 2022-01-26 Conservation Commission Minutes Page 2 of 5 Approved 0210912022 • The Administrator states the Order will incorporate the Restoration Plan and deadline, separate from work on the septic. • A motion to close and issue in 21 days is made by Mr. McDonough, seconded by Mr. Lynch. • Vote 5-0,Unanimous. Documents 01-12-2022 Meeting Materials, Sanitary Disposal System Repair Plan - 35 Hollow Tree Lane R3 Request for Determination of Applicability & Enforcement Order 268 Raleigh Tavern Lane(Atallah) • Mr. Mabon recuses from the discussion. • The Administrator states the Applicant is waiting on an updated plan from the surveyor, a continuance to mid- March has been requested. • A motion to continue to March 23, 2022,is made by Mr. McDonough, seconded by Mr. Lynch. • Vote 4-1 (In Favor: Capachietti, McDonough,Napoli,Lynch,Recused: Mabon). RDA Documents RDA Application with Supporting Materials 11 04 21 EO Documents 04-28-2021 Meeting Materials, 09-21-2021 Meeting Materials, 10-27-2021 Meeting Materials Modification 242-1735, 1429 Osgood Street • 7:15 p.m. Mr. Manzi enters the meeting room. The Administrator provides background on the project and a previously approved modification. Due to the tolling of all permits during the COVID State of Emergency,the expiration date of this OOC is extended to November 28, 2022. The Applicant is seeking to eliminate the proposed septic system and connect to the future sewer in Rt. 125. After consulting with the DPW per the Chairman's request it was confirmed that the pipe elevations shown on the plan match. These plans also now include snow stockpile locations; the previously approved plan had a symbol in the legend for snow storage,but it was not actually shown on the site plan. All snow stockpile locations are outside of the NACC's jurisdiction. The Rt. 125 sewer project is tentatively scheduled for April 2022. The sequence from septic to sewer will be handled by the BOH. She recommends approving the modification as presented. • Chris Connolly, Oliver Enterprises is present for questions. Mr. Lynch confirms the snow storage location is appropriate. • A motion to approve the modification as presented, is made by Mr. McDonough, seconded by Mr. Lynch. • Vote 6-0,Unanimous. Documents 1429 OSGOOD ST_REV 6-14-21, Insignificant Change Letter, Request for Modification Checklist, SKL4- Snow Storage Plan Amendment 242-1692, 1210 Osgood Street(Princeton Dev. & Forgetta Dev.) • The Administrator states a special meeting date of March 30, 2022,has been identified. • A motion to continue to March 30, 2022,is made by Mr. McDonough, seconded by Mr. Lynch. • Vote 5-1 (In Favor: Capachietti, McDonough,Manzi,Mabon,Lynch,Abstained:Napoli). Documents n/a Abbreviated Notice of Resource Area Delineation 242-1824, 177 Great Pond Road (Strecker) • The Administrator provides background on the ANRAD continued from a previous meeting. The plan accurately depicts the wetland resource areas based on the Administrators site inspections. The plan also reflects flag adjustment requests. The in-ground pool has been depicted on the plan as an existing condition as 2022-01-26 Conservation Commission Minutes Page 3 of 5 Approved 0210912022 requested. The property is in the watershed overlay to Lake Cochichewick. The applicant is requesting the NACC recognize land in agricultural use so they may receive agricultural exemptions. Supporting information/affidavits have been provided. After several conversations with DEP,the Administrator is struggling to understand the phrase "presently and predominantly in agricultural use". She questions if "presently"means when the regulations were adopted or refers to "presently in use". DEP recommends determining land in agricultural use be made through an RDA application. There is evidence of some agricultural activity on the property, some of the newer activities haven't historically been identified/verified. • Mr. Manzi states the NACC does not have the ability to declare this as farmland(Chapter 61A) under an ANRAD. Chapter 61A is a determination made by the Board of Assessors. • Atty. Frank DiLuna, Smolak&Vaughan states the property has been approved under Chapter 6 1 A by the Board of Assessors. He requested land in agricultural use be shown on the plan because the areas are within the resource area, but do not show the regulatory characteristics. • Mr. Manzi believes the exemption would be automatic as long as the activities are in keeping with the normally accepted agricultural activities found under Chapter 61A. A change of use requires the Applicant to notify the Commission,typically this can be done administratively annually. • The Administrator questions what the intent of the landowner is for farming as the scope of activities need to be in keeping with making a profit. The entire property is not designated as land in agricultural use. If they intend to expand beyond the footprints called out on the plan they will be required to file with the NACC. • Atty. DiLuna states the Applicant has an orchard, chickens and an apiary. A high tunnel is proposed to be installed spring 2022; all activities are for commercial intent. • Mr. Capachietti believes the plan notation"land in agricultural" should be omitted, as it's not a resource area and therefore is not subject to an ANRAD. • Mr.Napoli expresses concerns with the new chicken coop, located inside the 25-foot NDZ,not in the area designated for land in agricultural use. He states this is an open violation which needs to be addressed. • Atty. DiLuna states that the Applicant filed for permitting for the coop through the Board of Health, it was the Applicants understanding this required signoff from ConCom. • The Administrator believes the approval was prior to ConCom being an assignee on animal permits. • Maureen Herald,Norse Environmental would like to know what process should be used to have the NACC acknowledge these areas as land in agricultural use. • The Commission agrees a determination regarding land in agricultural use does not need to be made by the NACC. They request the plan be revised to remove the notation's"land in agricultural use". They discuss the chicken coop but do not come to a final decision on how the violation should be addressed. • A motion to continue to February 9, 2022, is made by Mr. Manzi, seconded by Mr. Lynch. • Vote 6-0,Unanimous. Documents 09-29-2021 Meeting Materials, 11-22-2021 Meeting Materials, Norse submittal letter 11-30-21, Plan-177 Great Pond Road- 11-26-21 Certificate of Compliance 242-1813,221 Webster Woods Lane(Ghandchi) • The Administrator provides background on the Order issued in June of 2021. The approved work respected the 50-foot NDZ, all work was within existing disturbed landscaped areas/manicured lawn. The proposed patio had a rounded edge preventing further encroachment into the 75-foot NBZ to ephemeral pool. The as- built plan and photo exhibit plan shows a 4.7-s.f increased encroachment into the vernal pool 75-foot NBZ, and a 30.8-s.f. decrease of patio in the rest of the Buffer Zone versus what was approved. The Administrator recommended the patio be constructed per the plan however the Applicant and engineer insisted on presenting the request to the NACC for consideration. • Mr. Lynch confirms the location of the ledge out cropping. He does not believe there is a benefit to reworking the configuration due to the physical barrier/ledge. • A motion to issue a full and final Certificate of Compliance is made by Mr. Manzi, seconded by Mr. Lynch. 2022-01-26 Conservation Commission Minutes Page 4 of 5 Approved 0210912022 • Vote 6-0,Unanimous. Documents 012422-Impact Exhibit, Certificate of Compliance Submittal, Engineer Email Response to Staff Comments, L_011422-CoC, Staff Email Comments on Impact Narrative, Exhibit, Staff Review of CofC Submittal-Email Comments to Engineer Enforcement OrderNiolation 242-1692, 1210 Osgood Street(Princeton Properties Mgmt./LIPT Osgood St.,LLC) • A continuance to the March 30, 2022,meeting is necessary due to a lack of a quorum. Documents n/a Enforcement OrderNiolation 40 Flagship Drive(DWT Holdings,LLC) • The Administrator provides background on the Amended Enforcement Order issued at the Jan 12th meeting. The Enforcement Order was hand delivered to the site personnel by the Administrator, response by onsite staff was immediate. A site inspection was conducted by the Field Inspector on Friday,January 14th, at this time the majority of the preparation/stabilization was complete. The Administrator conducted a site visit on Saturday,January 15th and all directives had been complied with at that time,the site is stable. To date, an NOI has not been submitted, daily fines for failure to submit the NOI continue to accumulate. Site inspections continue to occur to ensure activity continues to cease. • The Commission discusses whether or not a cease and desist order is a recordable document. • The Administrator states in the past she has been required to record EO's with an affidavit. • Mr. Capachietti states WPA Form 9- Enforcement Order is a recordable document. He recommends the Administrator append the 7th revision EO letter to be recorded. He directs the Administrator to see when fines are payable and have the Assessor lien the property if payment isn't made. • Mr. Manzi states funding from the filing fee account can be used with a motion from the NACC for the recording. • Mr. McDonough questions if the EO includes the cease and desist language. • The Administrator agrees to include the language from the letter in the EO. • A motion to complete the WPA Form 9- Enforcement Order and record it with funding from the ConCom budget including as an attachment the 7th revision EO letter, and after non-payment of fines,work with the Assessor to place a lien on the property is made by Mr. Capachietti, seconded by Mr. Lynch. • Vote 6-0,Unanimous. Documents 01-12-2022 Meeting Materials, 07-14-2021 Meeting Materials,08-11-2021 Meeting Materials, 09-08-2021 Meeting Materials, 09-29-2021 Meeting Materials, 10-13-2021 Meeting Materials, 10-27-2021 Meeting Materials, 12-08-2021 Meeting Materials,7th Amended Enforcement Order- 40 Flagship Dr. Enforcement OrderNiolation 64 Nutmeg Lane(Madsen) • The Administrator states, as reported by the project wetland consultant, a NOI has been prepared and is being reviewed by the homeowners. The homeowner is abiding by the requirements set forth in the EO. Documents 09-29-2021 Meeting Materials Performance Bond Calculation Updates • The Administrator states she canvassed the ConCom network and was unable to get much information. • Mr. Capachietti states a lot of communities have the ability to bond projects but do not offer any written guidance. The Town of Amesbury requires the posting of a bond at .50¢per square foot of the disturbance of the entire site. This process is done through the Order of Conditions, if no Order of Conditions is issued it is 2022-01-26 Conservation Commission Minutes Page 5 of 5 Approved 0210912022 done through the stormwater by-law. He suggests speaking with the Planning Board to have the stormwater by-law amended. • The Commission agrees this suggestion is appropriate and will use this as a basis to create a document, performance bonds are required to be cash. • The Administrator agrees some type of guidance regarding performance bonds is necessary. • Mr. Lynch states they may want to consider .75¢per square foot due to the vulnerability. Staff Site Visit Fees • The Commission discusses staff site visit fees and agrees that non-compliance issues are typically handled via a violation of the OOC with fines. • Mr.Napoli directs the Administrator to update the Commission if a site burdens staff with frequent site visits so they may vote to institute fines. • Mr. Manzi states if this procedure doesn't work,they can discuss the matter further. Decision 242-1833, Sewer Rehabilitation Project,Ipswich,Morningside&Flagship (North Andover DPW) • The Administrator reviews the drafted Order of Conditions. • The Commission agrees to add a Condition to the Order requiring the contractor to initial each page. The Commission discusses Condition#57 regarding the removal of invasive plant material. Pages will be revised, as recommended. The bond will be set in the amount of$5,000. The location of the wetland makers will be determined at the pre-construction meeting, and complaints will be handled by the NACC. • A motion to adopt the Order of Conditions as drafted and amended is made by Mr. Manzi, seconded by Mr. Capachietti. • Vote 6-0,Unanimous. 242-1834,35 Hollow Tree Lane(Nugent) • The Administrator reviews the drafted Order of Conditions. • The Commission discusses Condition#32,limited project provisions will be struck from the Order. The bond will be set in the amount of$2,5000($1,500/septic&$1,000/restoration). • A motion to adopt the Order of Conditions as drafted and amended is made by Mr. McDonough, seconded by Mr. Manzi. • Vote 6-0,Unanimous. Adjournment • A motion to adjourn at 8:46 p.m. is made by Mr. Manzi, seconded by Mr. McDonough. • Vote 6-0,Unanimous. 2022-01-26 Conservation Commission Minutes