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HomeMy WebLinkAbout2022-04-13 Conservation Commission Minutes Page 1 of 8 Approved 0511112022 North Andover Conservation Commission Meeting Minutes April 13,2022 Members Present: John T. Mabon, Sean F. McDonough, Louis A.Napoli, Chairman, Albert P.Manzi, Jr.,Vice Chairman and Joseph W. Lynch Members Absent: Anthony Capachietti Staff Members Present: Amy Maxner, Conservation Administrator and Taylor Andrews,Field Inspector Meeting came to Order at. 7:06 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 Verizon 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 inperson, please email your question/comment prior to or during the meeting to amaxner The question/comment will he read during the proceedings and responded to accordingly. Acceptance of Minutes The minutes for the March 23, 2022 meeting are not ready for approval. Notice of Intent(NOI) 242-1837, 1260 Salem Street(Czerepak) • The Administrator states a continuance has been requested. • A motion to continue to April 27, 2022, is made by Mr. Manzi, seconded by Mr. Mabon. • Vote 5-0,Unanimous. Documents Email from jacksull53(a)comcast.net requesting a continuance until 4127122 Notice of Intent(NOI) 242-1822,45 Cotuit Street(Seaport Homes LLC) • Ben Osgood,Ranger Engineering is present on behalf of the Applicant. Additional information has been submitted as requested by the Commission at the last meeting. This information includes; Form A plan approved by the Planning Board in 1984, a copy of the deed from the original conveyance from the developers of the subdivision, a letter from the DPW stating that the driveway is as acceptable and meets the requirements,test pit information and clarified wetland crossing details. The bank of stream has been delineated and surveyed at the request of the administrator, debris discovered during the delineation will be removed and the wetland re-vegetated. He describes the construction sequence,phase one will consist of manual removal of the vegetation. • Mr. Lynch expresses concerns that the lot has legal frontage but no improved frontage on Lyden Street or Cotuit Street. He states if the Applicant is required to improve the roadway along the legal frontage it would have a greater impact on the wet meadow. 2022-04-13 Conservation Commission Minutes Page 2 of 8 Approved 0511112022 • Mr. Osgood states more than half of the property's frontage has a roadway in front of it which he agrees is unusual. The Planning Board Chairman indicated that without a subdivision application the Board could not make a determination. However,he believes the Form A plan issued by the Planning Board approves access to the lot. If challenged,they would request a waiver of the subdivision regulations and allow access to the lot with a driveway. Two of the trees discussed at the site walk need to be removed,replacement trees will be planted. • Mr. Manzi believes the Applicant has met the standard with regard to the WPA and Town Bylaw. • Mr. McDonough states the NACC requires a waiver for a stream crossing along with an alternatives analysis. • Mr. Osgood states a waiver request was submitted however the alternative would require more Buffer Zone and wetland disturbance. A no-build is an alternative,but this would rob the ability of the property owner to build on the lot without any compensation. • Mr. Mabon questions if any additional approvals are required. • Mr. Osgood states the only approval still required is a Building Permit. • Patty Aloisi, 10 Kingston Street questions if a wildlife habitat study was performed and questions the location of the trees slated for removal. She expresses concerns that removing trees will impact abutting properties. • The Administrator states the crossing was designed to meet the stream crossing standards therefore a wildlife habitat study is not required. • Mr. Lynch states at the site walk the Commission inquired whether the trees could be preserved. However,the trees are not within the 25-foot NDZ, and it is not believed they would survive root damage. He explains if the abutters are unhappy with the outcome,they may appeal the decision. • Suzanne Haefner, 6 Kingston Street states she currently has no water issues and would like a promise that the project will not cause future issues. • Mr. Manzi states that pre and post conditions must be the same. • Mr. Osgood promises not to make the problem any worse. • Mr. McDonough states the NACC is not the right forum to address some of the abutters' concerns/issues. • A motion to close an issue in 21 days is made by Mr. Manzi, seconded by Mr. Lynch. • Vote 5-0,Unanimous. Documents 08-11-2021 Meeting Materials,10-27-2021 Meeting Materials, 2021-04-01 Conservation Commission Cover Letter, 2022-04-01 PLANSET 45 COTUIT, CULVERT PLANS, Deed Wilbur to Burke, Form A Cotuit Street, revised project narrative, Wetland Restoration Replication Report(]) Notice of Intent(NOI) 242-1840,Millpond Townhomes Clubhouse (Millpond Homeowners Association) • William Hall, Civil Design Consultants, Inc.provides background information on the clubhouse. The proposal includes reconstructing a walkway and retaining wall, constructing steps, a ramp and landing, as well as constructing new portions of paved walkway to maintain ADA compliant access to the clubhouse. Three quarters of the proposed work will occur within the floodplain. Compensation has been proposed via grading, a table was included on the plan. A small amount of work is also proposed within the 200-foot Riverfront Area as well as the 25-foot NDZ. Work includes an infiltration trench as well as a ground disturbance for the installation of the trench. All proposed work will be occurring within areas of existing maintained lawn or other previously disturbed areas. • Mr. Lynch expresses concerns with the plan and whether a contractor will be able to build the project based on the details provided. • Mr. Hall states the project went out for bid and they have only received a question regarding the width/length of the ramp. • The Administrator states a waiver request was provided and the plan was revised to show the 25-foot NDZ. • Sharon Warren, 87 Millpond states she is in favor of the proposal. • A motion to continue to April 27, 2022,pending submission of a stamped plan, is made by Mr. Lynch, seconded by Mr. Manzi. • Vote 5-0,Unanimous. 2022-04-13 Conservation Commission Minutes Page 3 of 8 Approved 0511112022 Documents 15-9901 Walkway Permitting Plan, 15-9901-COM-03.29.22, 15-9901-NOI, L-15- 9901 04.04.22 NACC, Revised Plan with 25'NDZ Notice of Intent(NOI) 242-1839, 1160 & 1116 Great Pond Road(Brooks School) • Anthony Cleaves,Whitman&Bingham Associates presents the proposal for a boathouse area and faculty housing area,both of the areas are existing developed areas. The Lyman Boathouse is 1-ft away from the wetlands and the Holcombe Boathouse is approximately 30-ft from the wetland. The proposal includes demolishing the existing boathouse structures and constructing one new boathouse. The existing gravel areas closest to the lake will be removed and restored with reinforced lawn to maintain access to the lake. Restoration plantings and general landscaping are proposed in the footprint of Lyman Boathouse closest to the wetland. A stone wall is proposed at the 25-foot NDZ. A small corner of the proposed boathouse is in the 50-foot NBZ. • Mr. Lynch states he would like to see a gravel driveway designed to provide a benefit for infiltration and cleansing of the water before it gets into the water column. He requests an O&M Plan of BMPs for lawncare and vegetation care. • Mr. Cleaves states the proposal reduces impervious area,reducing gravel and crushed stone drip edges along the side of the proposed boathouse to promote infiltration. • Mr. Manzi requests that setbacks be increased where applicable. • Mr.Napoli requests the Applicant consider an alternative material for the gravel roadway. • Mr. McDonough questions how much the structure encroaches into the 50-foot NBZ. • Andrew Leonard,Whitman&Bingham Associates states the proposed boathouse encroaches approximately 5-ft into the NBZ, if the structure is moved back more it may cause secondary issues like grading into the hill. • The Commission discusses the proposal and requests the Applicant satisfy the alternatives analysis. A high level construction sequence is required. • Mr. Mabon states that grading is important, and requests additional details. • Mr. Cleaves states approval was received from the ZBA at last night's meeting. The project is slated to be heard by the Planning Board at the April 26, 2022 meeting. The project plans have been submitted to the Town's Third Party Peer Reviewer for comment. The total disturbance is approximately 70,000-sq. ft, cumulative the project will be over a couple of acres. He presents the proposal for faculty housing which includes demolition of an existing house at 1116 Great Pond Road and associated driveway to construct three new faculty housing units and associated amenities. The only project elements within the Buffer Zone is the removal of the existing concrete driveway and loaming and seeding of that footprint. The projects will result in a 3,700-sq. ft reduction in impervious surface and 1,000-sq. ft reduction in gravel surface combined. The house is proposed to be demolished at the beginning of the project and the driveway used for access during construction, additional construction access will be provided. • No abutters are present. • A motion to continue to April 27, 2022,is made by Mr. Lynch, seconded by Mr. Manzi. • Vote 5-0,Unanimous. Documents Brooks School, Boathouse NOI Pies 04-08-22, Plan Set Separated, 220323—Brooks School Boathouse& Faculty Housing-Permit Set Drawings, APPLICATION CHECKLIST—Notice of Intent-signed, Brooks Boathouse Faculty Housing NOI 3-23-2022, Brooks Boathouse-Faculty housing drainage analysis 3-23- 2022, Brooks Boathouse-Faculty housing Storm water Report 3-23-2022, Brooks Certified mailing, O& M plan-Brooks Campus 3-23-2022, Slide Deck 2022-04-13 Conservation Commission Minutes Page 4 of 8 Approved 0511112022 Notice of Intent(NOI) 242-1841,479 Lacy Street(Windrush Farm) • Mary Rimmer,Rimmer Environmental Consulting presents the proposal for a new storage shed with a stone infiltration trench to capture roof runoff, to be located at the rear of their existing riding arena within the 100- foot buffer zone to BVW. The proposal requires the removal of two trees (pine&oak)which are depicted on the plan. A site visit was conducted which determined there is a vernal pool within the BVW. A revised plan was submitted respecting the vernal pool setbacks. The existing hoop tents and small storage shed will be removed and the corners of the CR will be formally monumented with cedar posts as shown on the plan. A filing with NHESP has been completed and they are awaiting response. • Mr. Lynch requests they use a granite post with a bollard to monument the CR. • Ms. Rimmer states since Greenbelt holds the CR, she will inquire with them regarding markers. • The Administrator states a continuance is required until they hear back from NHESP. • No abutters are present. • A motion to continue to April 27, 2022, is made by Mr. Manzi, seconded by Mr. Lynch. • Vote 5-0,Unanimous. Documents Windrush Farm 04-07-22,Abutter List- 479 Lacy Street 03 3122, Proposed Shed Plan (3-29-22) (002), Proposed Shed Plan Revised 4-11-22, WindrushN01set2 Request for Determination of Applicability& Enforcement OrderNiolation 268 Raleigh Tavern Lane(Atallah) • Mr. Mabon recuses from the discussion. • The Administrator states an as-built plan was received showing a complaint patio. A site visit was conducted confirming the patio is outside the 50-foot NBZ. She recommends issuing a Negative Determination#3 and lifting the Enforcement Order. • A motion to issue Negative Determination#3 for the after-the-fact RDA and lift the Enforcement Order is made by Mr. McDonough, seconded by Mr. Manzi. • Vote 4-1 (In Favor: McDonough,Napoli,Manzi,Lynch,Recused: Mabon). Documents for RDA RDA Application with Supporting Materials 1104 21 Documents°or Enforcement Order 04-28-2021 Meeting Materials, 09-21-2021 Meeting Materials, 10-27-2021 Meeting Materials,IMG_6569, IMG 6570,IMG 6571, unnamed Modification&Enforcement OrderlViolation 242-1799,243 Great Pond Road(Boyko) • William Hall, Civil Design Consultants,Inc.presents the modification required by the NACC in response to an Enforcement Order. A new concrete retaining wall is proposed along the southwest portion of the property approximately 2-ft from the CR line. A cross section of the retaining wall has been provided. Grading is proposed to match the pre-existing grade prior to the start of construction. Native plantings have been proposed. A small portion of steps will be removed from the CR. The new configuration of the pond will be different from what was approved but is a similar area of pond. • The Administrator states the Enforcement Order required the Applicant provide an as-built plan that shows the deviations compared to the approved plan and provide a sequence to return the site to compliance. She reviews the proposed plan with the Commission; some of the plantings are located within the CR. All hardscaping within the CR will be removed. • Mr.Napoli confirms that the base of the retaining wall will be outside of the CR. • The Administrator states a cross section and dewatering detail were provided. • The Commission discusses the request and agrees the koi pond elevation is higher than what was approved. The NACC agreed to allow the higher elevation as long as the project stayed outside of the CR. 2022-04-13 Conservation Commission Minutes Page 5 of 8 Approved 0511112022 • Mr. Mabon would like to know how they will ensure the contractor knows the CR boundary and if the entire fence is proposed to be removed. • Mr. Hall states the CR was surveyed recently and offers to stake the location of the proposed wall and install stakes along the CR line to function as a visual boundary for the contractor. The fence will be removed vs. relocated as previously proposed. • Stephen Boyko,the homeowner, is present remotely.He states the remainder of the work will be performed by Jay Bearfield, Lotus Gardner. • The Commission discusses permanent monumentation and agrees that granite markers shall be installed by field survey at the corners of the CR. The markers shall have at least a 1-ft reveal above grade to ensure visibility in the field. • A motion to approve the after-the-fact Modification as presented and amend the Enforcement Order as discussed is made by Mr. McDonough, seconded by Mr. Lynch. • Vote 5-0, Unanimous. Documents for Modification 03 25 22 revisions to plan, 20-10239- Construction Sequence, 20-10239-Dewatering Still, 20-1023 9-WPP-1 03 25 22, 243 Great Rd- SKS-1, 20220302-2027-landscape LI (1), L_031522- CC, Mod. Request Cover Letter, Retaining Wall Sketch Modification 242-1708,271 Stevens Street,Lot 1 (Brecher) • John Morin, Morin-Cameron Group, Inc. provides background on the Order issued in August 2017. The Applicant is seeking an after-the-fact modification for a paver patio and retaining wall. The patio and retaining wall are at the rear of the dwelling, approximately 76-ft from the BVW. Prior to construction the area consisted mainly of lawn. The retaining wall was installed to minimize the amount of grading originally proposed. The original design plan did not include any decks or patios at the rear of the structure. The patio is roughly 350-sq. ft, of which 260-sq. ft is in the Buffer Zone. • Mr. Manzi confirms any generated flow would go down the driveway. • Mr. Morin states a drip edge was installed along the right side of the house, outside of the Buffer Zone as well along the backside of the house which is within the Buffer Zone. He believes this will help some of the flow which makes its way around the right-hand side of the house from the patio. • A motion to approve the modification as presented, is made by Mr. McDonough, seconded by Mr. Manzi. • Vote 5-0,Unanimous. Documents Conservation As-Built Plan_Lot 1 271 Stevens St, MOOC Cheeklist_Lot 1 271 Stevens St, MOOC Request—Lot 1_271 Stevens St Certificate of Compliance 242-1708,271 Stevens Street,Lot 1 (Brecher) • The Administrator states she is satisfied with the as-built drawings, the site is in compliance. The target invasive species have been repressed and will require manual removal going forward. Plant survival is approximately 73% overall survivorship with several volunteer species creating vegetated coverage. • John Morin, Morin-Cameron Group, Inc. states a restoration narrative was submitted with the COC request. • A motion to issue a full and final Certificate of Compliance is made by Mr. McDonough, seconded by Mr. Manzi. • Vote 5-0,Unanimous. Documents As-Built Plan Rev 4.12.2022 (1), CoC Checklist_Lot I_271 Stevens St, CoC Request Lot 1_271 Stevens St, Conservation As-Built Plan Lot 1 271 Stevens St 2022-04-13 Conservation Commission Minutes Page 6 of 8 Approved 0511112022 Certificate of Compliance 242-1557, 55-70 & 80-83 Millpond(Millpond Homeowners Association) • 9:01p.m. Mr. Manzi leaves the meeting. • William Hall, Civil Design Consultants,Inc. presents on behalf of the Applicant.At the last meeting,the NACC's requested they speak with the contractor to try and obtain additional information for the as-built. Unfortunately,the contractor did not have any additional records on file. A site visit was conducted to visually inspect the trench.Notations have been added to the plan calling out the trench and verifying the discharge drain pipe elevation inside the catch basin. • A motion to issue a full and final Certificate of Compliance is made by Mr. McDonough, seconded by Mr. Mabon. • Vote 4-0,Unanimous. Documents 03-23-2022 Meeting Materials, 242-1557, Drainage Improvement Plans - as-built Certificate of Compliance 242-1797, 125 Boston Street(Landers) • 9:03p.m. Mr. Manzi rejoins the meeting. • The Administrator states the Applicant has requested to withdraw the request. • Mr. Lynch questions why the request has been withdrawn. • The Administrator states a site visit was performed and surficial pooling of gray colored water was observed. The design engineer performed a test pit within the last few days. The Order is still valid and the BOH has been made aware of the Administrators concerns. If additional work is required, the Applicant will need to come before the NACC with a request. • A motion to accept the request to withdraw is made by Mr. Lynch, seconded by Mr. Mabon. • Vote 5-0,Unanimous. Documents 125BOSTONASBUILT Conservation DNZ POSTS HERRICK Layout][4 7823], CofC Request Letter, Form,Con Comm letter last, Withdrawal Letter 0412 22_ Enforcement OrderNiolation Foster Street—Heating Oil Spill • Mike Sabulis, GEI Consultants, attending remotely states a site visit was conducted earlier this week. During the visit sheens were not observable downstream of the culvert however some residual odors were noticeable around the culvert area. Clean Harbors and Wood Environmental have completed their investigations of the wetland area for sediment and surface water testing. • Fred Hilton, Hilton Oil is present. • The Administrator states downstream observations were conducted as far as the end of Wintergreen Drive. The water levels were somewhat high,there were no obvious indications of oil or sheen at Wintergreen Drive. • Mr. Manzi expresses concerns with what was mandated to be collected and analyzed vs. what was actually collected and analyzed. • Mr. Sabulis explains that two separate investigations have been performed one by Clean Harbors the other by Wood Environmental, data for each investigation was provided. The Wood Investigation included testing for the required analytes that were outlined in the EO. The Clean harbors investigation has separate opinions regarding the relevance of the testing that needed to be performed. • Mr. Manzi expresses concerns that Clean Harbors did not comply with the March 9, 2022 Amended EO. • Mr. Lynch questions whether the NACC has collectively received everything requested in the Amended EO. • Mr. Sabulis states they received the raw data and are currently waiting on the summation of those investigations and the findings and opinions, the submission due date for this information is Friday. This information will help dictate the next steps and their recommendations for consideration by the NACC. • The Administrator states VPH testing required in the EO is also missing. 2022-04-13 Conservation Commission Minutes Page 7 of 8 Approved 0511112022 • Allen Walker, Clean Harbor, attending remotely states it was his opinion that the VPH was not a significant issue at the Foster Street location and explains his reasoning. • Mr. Manzi confirms that Mr. Walker chose to ignore the directives as outlined by the NACC in the EO. • Mr. Walker agrees this should have been discussed. • Mr. Lynch questions if it is necessary for VPH sampling prior to the final report being submitted on Friday. • Mr. Sabulis states he will not have an answer to this until he sees both of the data sets and their opinions. • The Commission agrees if there is a void the Applicant should not wait until the next meeting to obtain additional samples. • The Administrator questions what the turnaround time is for VPH testing. • Mr. Walker states he referred to the guidance document from MassDEP regarding EPH and VPH analysis. The report will be submitted to the NACC on Friday as required in the EO. • The Administrator states they are out of compliance with the EO until VPH testing is received. • Mr. Mabon states VPH testing was specifically required in the EO per the Town's LSP among other recommendations. • Mr. Walker questions Mr. Sabulis opinion on conducting VPH analysis at this time. • Mr. Sabulis states in his opinion the field screening is helpful in determining whether or not VPH testing was necessary; he would have also evaluated for the VPH for no other reason than to validate the non-detects picked up in the field screening due to issues in the field during the screening process. • Mr. Walker states VPH sampling, was conducted during the surface water and sediment sampling and they found it was not a significant contaminant associated with the release. • A motion to assess fines to the responsible party in the amount of S 100 per day retroactive to the issuance of the Enforcement Order and going forward until the Enforcement Order is complied with is made by Mr. Manzi, seconded by Mr. McDonough. • Vote 5-0,Unanimous. • A motion to continue to April 27, 2022, is made by Mr. Manzi, seconded by Mr. Lynch. • Vote 5-0,Unanimous. Documents 02-09-2022 Meeting Materials, 02-23-2022 Meeting Materials, 03-09-2022 Meeting Materials, 03-23-2022 Meeting Materials, 03-24 and 25-22 Daily Log, 03-28-22 Daily Log, 03-30-22 Daily Log, 03-31-22 Daily Log, 3-week Outlook 04-08-22, 04-4-22 Daily Log, 04-6-22 Daily Log, Dead Wildlife Location Map PPT as of 3-31-22 (1), Proposed Sampling Locations Maps, Raw Data Sampling Results 03-29-22, Taylor and Pat's Downstream Observations 04-04-22, Taylor's observations 03-31-22 Enforcement OrderlViolation 40 Flagship Drive(DWT Holdings,LLC) • The Administrator states Town Counsel suggested that the Applicant submit all of the material they have in their possession relative to the NOI, including all evidence and correspondence with the downstream owners. She believes this will provide a better understanding of what has been going on back and forth between the Applicant and downstream owners. This material would then be provided to the downstream owners asking them to attend the next meeting to discuss.It is Town Counsel's opinion that the NACC cannot force the Applicant to get a signature on the NOl. • Mr. Lynch states the NACC can relax the continuation of fines as of a certain date in recognition that the Applicant has done everything possible to obtain a signature from the downstream owner. The NACC will not remove the requirement to file an NOl. • The Administrator states the Applicant received permission to delineate the wetlands and perform the survey. She recommends issuing an EO requiring the Applicant to provide all evidence and correspondence with the downstream owners. • The Commission discusses the EO and agrees no additional action will be taken at this time. • A motion to continue to April 27, 2022, is made by Mr. Manzi, seconded by Mr. Lynch. • Vote 5-0,Unanimous. Documents 2022-04-13 Conservation Commission Minutes Page 8 of 8 Approved 0511112022 01-12-2022 Meeting Materials, 01-26-2022 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 General/New/Old Business Designate Conservation Commission Representative to CPC • The Administrator states they are seeking to designate a Conservation Commission representative to sit on the Community Preservation Commission. • A motion to nominate Commissioner Mabon to sit on the CPC is made by Mr. Manzi, seconded by Mr. McDonough. • Vote 5-0,Unanimous. Adjournment • A motion to adjourn at 9:45 p.m. is made by Mr. Manzi, seconded by Mr. McDonough. • Vote 5-0,Unanimous. 2022-04-13 Conservation Commission Minutes