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HomeMy WebLinkAbout2022-04-27 Conservation Commission Minutes Page 1 of 7 Approved 0512512022 North Andover Conservation Commission Meeting Minutes April 27,2022 Members Present: Anthony Capachietti, Louis A. Napoli,Chairman,John T. Mabon and Joseph W. Lynch Members Absent: Albert P. Manzi, Jr., Vice Chairman and Sean F. McDonough Staff Members Present: Amy Maxner, Conservation Administrator(remote) and Taylor Andrews,Field Inspector Meeting came to Order at. 7:03 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 Corncast 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 in person, please email your question/comment prior to or during the meeting to amaxner az),ncarthandaverma. cay. The question/comment will be read during the proceedings and responded to accordingly. Acceptance of Minutes • A motion to accept the minutes of March 23,2022,is made by Mr. Mahon, seconded by Mr. Lynch. • Vote 4-0,Unanimous. Notice of Intent(NOI) 242-1837, 1260 Salem Street(Czerepak) • The Administrator states a continuance has been requested. • A motion to continue to May 11, 2022, is made by Mr. Mabon, seconded by Mr. Lynch. • Vote 4-0,Unanimous. Documents Email from.lacksull53(�ce�meast.net requesting a continuance until 5111122 242-1839, 1160 & 1116 Great Pond Road(Brooks School) • The Administrator states a continuance has been requested. • A motion to continue to May 11, 2022,is made by Mr. Mabon, seconded by Mr. Lynch. • Vote 4-0,Unanimous. Documents Email from acleaves rf)haleywar '.cc�m requesting a continuance until 5111122 242-1840,Millpond Townhomes Clubhouse (Millpond Homeowners Assoc.) • The Administrator reviews the proposal heard at the last meeting. Per the Commission's request a stamped revised plan has been submitted. Temporary work will occur within the 25-foot NDZ to install the stone drainage trench. There will be no permanent impact. • No abutters are present. 2022-04-27 Conservation Commission Minutes Page 2 of 7 Approved 0512512022 • A motion to close and issue in 21 days is made by Mr. Lynch, seconded by Mr. Mabon. • Vote 4-0, Unanimous. Documents 04-13-2022 Meeting Materials, 15-9901 WPP-RI 242-1841,479 Lacy Street(Windrush Farm) • The Administrator reviews the proposal heard at the last meeting. A letter was received from NHESP,they have no concerns with the project. • The Commission discusses monumentation of the CR as agreed to at the last meeting,this will be conditioned in the Order. • No abutters are present. • A motion to close and issue in 21 days is made by Mr. Mabon, seconded by Mr. Lynch. • Vote 4-0, Unanimous. Documents 04-13-2022 Meeting Materials, NHESP No Take Comment Letter 242-1842,Lorraine Avenue(Kindred) • The Chairman states that the Commission will only discuss how the wetland regulations pertain to the proposal. • Mr. Lynch clarifies by stating the Commission can only review what is within the NACC's jurisdiction and how it impacts the wetland. • Robert Anctil,Perkins &Anctil,P.C. is present on behalf of 210 Andover Street. He questions if the Commission received the letter,he sent on behalf of his client objecting to the proposal. • The Administrator states the proposal consists of paving the existing private gravel roadway which services 10, 14 and 15 Lorraine Avenue. The roadway contains Town sewer and water. An infiltration trench is proposed along the southeast shoulder of the roadway to provide some level of infiltration and velocity dissipation during smaller storm events. A finish pavement course will be installed and super elevated to maintain existing drainage patterns to avoid ponding on the west side of the road. A grass swale is proposed along the northeast and northwest shoulders to carry runoff to the existing catch basin at the mouth of the roadway. The rim on the catch basin will be reset to match elevation of the newly paved road. Proposed work is within 25-foot NDZ, 50-foot NBZ and 100-foot BZ to BVW. A waiver request has been submitted. Currently the 25-foot NDZ and the BVW is experiencing impact from flows carrying silt&sediment laden runoff from the gravel roadway into the resource areas.Additional winter snow plowing results in heavy amounts of gravel deposited in the BZ. The current roadway is impervious, and Stormwater standards do not apply as the project involves less than 4 residential lots. A site visit was performed by the Field Inspector and the wetland line was determined to be accurate. The Town Engineer is in favor of the proposed project. • John Morin, Morin-Cameron Group, Inc. presents on behalf of the Applicant. Each spring the residents repair the roadway due to potholes. There is evidence of old pavement from when the water and sewer service was performed for 14 Lorraine Avenue. They were unable to verify if the pavement was part of the fill used to regrade the roadway over the years. The wetlands were delineated by Williams and Sparages; Greg Hochmuth provided a letter with his opinion of the roadway surface. They believe that paving the roadway will not increase the rate/volume of runoff leaving the site. The Town Engineer agreed the stone infiltration trench along the easterly side and close proximity to the wetland made sense. The trench will serve as infiltration and storage during small rain events, a device to slow the velocity before entering the wetland during large rain events and as a level spreader in this location. Currently runoff in this location goes directly into the wetland. Some grading near Andover Street will be required to ensure runoff gets to the catch basin; this grading is outside of the NACC's jurisdiction. The wetlands are in close proximity to the roadway requiring work within the 25-foot NDZ and 50-foot NBZ. • Mr. Lynch believes the proposal is a net improvement as long as there is no alteration of the runoff pattern, volume or speed in which it moves. 2022-04-27 Conservation Commission Minutes Page 3 of 7 Approved 0512512022 • Mr. Morin explains that the roadway will be super elevated from west to east to maintain the current drainage patterns. Grading along the shoulder of Lorraine Avenue on the westerly side will be performed and the existing swale maintained. • Mr.Napoli questions if the existing road sub base will be used and if the roadway will be built to town specifications. • Mr. Morin states the roadway will be scrapped back to verify the sub base, if the sub base is adequate,they will regrade what is needed for the proposed plan and place the binder coat on top. The sub grade will be rebuilt and compacted in the pothole areas. The roadway is not intended to be accepted by the town.No test pits were performed due to the proximity of the wetland. The infiltration trench is an additional measure, they are not meeting a setback to the groundwater. • Mr. Capachietti questions if an O&M Plan was submitted for maintenance of the infiltration trench. • Mr. Morin states he reviewed the application to see if an O&M Plan was submitted with the filing. • Dan Hazen,Howard Stein Hudson is present on behalf of Michelle Saracusa,210 Andover Street. He expresses concerns the Swale along the western side of Lorraine Avenue could increase groundwater issues at 210 Andover Street. They requested the Swale be graded smooth from the edge of the roadway into the lawn area to direct any runoff into Lorraine Avenue toward the catch basin. • Mr. Morin states the stone infiltration trench/subdrain on the western side of Lorraine Avenue was removed from the proposal due to the objection by 210 Andover Street. • The Commission discusses the subdrain on the westerly side of Lorraine Avenue and agrees it would be beneficial. • Mr. Lynch confirms a private subdrain would be allowed to be tied into a town catch basin. • Mr. Morin states the Town Engineer did not express any concerns with the tie in. • Mr. Hazen states he believes his client would be amenable to a stone trench topped with loom and seed. • Mr. Anctil would like to know if the Commission has discussed third party peer review. • The Commission agrees third party peer review is not necessary. • The Administrator states she has not seen a letter from the attorney for 210 Andover Street. • Mr. Lynch requests a copy of the letter be mailed to the Administrator. • Mr.Napoli suggests the parties work out the details prior to the next meeting. • A motion to continue to May 11, 2022, is made by Mr. Lynch, seconded by Mr. Mabon. • Vote 4-0,Unanimous. Documents Email- Questions on Lorraine Ave NOI,Email-S. Egan-NOI Submission, Narratives, Wetland Report- Lorraine Ave 242-1842, NOI Submission—Lorraine Ave, NOTIFICATION TO ABUTTERS rev 04 06 22 (1), Site Plan 2-18-2021 242-1843, 1761 Salem Street(Viera) • The Administrator states the proposal is for the repair of a leaching field and septic system to replace the current system that failed a Title 5 inspection. All proposed work will occur within existing maintained lawn areas. The majority of the project lies outside of the 100-foot Buffer Zone,but within the 200-foot Riverfront Area associated with Boston Brook. The system cannot be moved outside of the Riverfront Area due to the depth of ledge. The proposed leaching facility will utilize improved effluent treatment in the form of a Presby Enviro-Septic piping system. Four trees within the lawn area are proposed for removal. A letter was received from NHESP, they have determined the project is exempt from MESA. The proposal has been approved by the BOIL A site visit was conducted by the Field Inspector and multiple violations were discovered within jurisdictional areas. Minor adjustments were made to the wetland line. • Peter Blaisdell, Williams & Sparages, LLC is present remotely on behalf of the Applicant. He states the Applicant is aware that work needs to stop, and some things will need to be fixed. The materials being stored in the 25-foot NDZ and 50-foot NBZ will be removed as requested. The Applicant has been working to rehabilitate the gravel driveway,using existing extra gravel/crushed stone. The repair work does not appear to be outside of the pre-existing driveway footprint. They would like to reestablish a landscape island original to the home. They are currently working to remove the trash and debris located behind the house. 2022-04-27 Conservation Commission Minutes Page 4 of 7 Approved 0512512022 • Mr. Lynch states any work the Applicant is looking to do should be included in the proposal. • Mr. Mabon requests demarcation of the wetland line within the vicinity of the house and the driveway. • The Commission discusses the violation and demarcation of the wetland line. They agree to issue an Enforcement Order for cleanup of the site. An annotated plan will be provided to the Administrator depicting the location of where monumentation will be required per the NACC. A revised plan is required showing additional proposed work. • Denis Hamboyan, 50 Campbell Road expresses concerns with property lines. He requests that the lot lines be enforced. A copy of the current plan proposal is provided to the abutter. • Mr. Napoli states a copy of the revised plan can be obtained from the Conservation Department once it has been submitted. • A motion to issue an Enforcement Order as discussed is made by Mr. Mabon, seconded by Mr. Capachietti. • Vote 4-0, Unanimous. • A motion to continue to May 11, 2022,is made by Mr. Mabon, seconded by Mr. Capachietti. • Vote 4-0,Unanimous. Documents Certified-Return Receipts, NorthAndover_22-40995, Notice oflntent-1761 Salem Street, Septic System Repair Plan- 1761 Salem Street RI, Violations sketched onto Plan Request for Determination of Applicability 91 Boston Street(Kuhtreiber) • The Administrator states the proposal is for the installation of a shed within an existing lawn area,no vegetation to be removed.Four to six hand dug holes will be required for the installation of concrete sonotubes. A site visit was performed, and the wetland line confirmed. Work will occur approximately 60-ft from the BVW`at its closest point. She recommends issuing a Negative Determination#3 with conditions requiring pre and post construction meetings and erosion controls. • Mr. Lynch requests that no materials be stored within the 50-ft of the BVW. • No abutters are present. • A motion to issue a Negative Determination#3 with conditions as recommended and discussed is made by Mr. Mabon, seconded by Mr. Lynch. • Vote 4-0,Unanimous. Documents RDA Application-91 Boston Street-Denis Kuhtreiber Small Project NACC#293,58 Empire Drive(DeJesus) • The Administrator states the proposal is for the installation of a fence. The fence will be located approximately 10-ft off the eastern side of the house and will be approximately 61-ft in length. A 6-8"gap is proposed to allow for drainage and critter migration and thirteen posts will be installed to a depth of 2-ft. Gravel fill is proposed for the post holes vs. concrete. Most of the fence will be located outside of the 50-foot NBZ. A site visit was conducted by the Field Inspector and violations were observed within the 50-foot NBZ and portion of the 25-foot NDZ. The Administrator reminds the NACC that the subdivision was a 40b, setbacks to the wetland were relaxed when the house was built. The house is approximately 24-ft from the wetland. During lot development a stonewall was built along the 25-foot NDZ, in some places the wall is less than 25-ft. The patio and crushed stone was installed between 2020 and 2022 without proper permitting. The patio and crushed stone are within the confines of the existing stone wall and replaced lawn. • Jose DeJesus, the homeowner, is present remotely and states he was given some misinformation. • Mr. Capachietti states as long as the affordable housing restriction stays in place the comprehensive permit remains and the NACC will honor the ZBA's waiver. • The Field Inspector states a small corner(1-2 ft.) of the patio and the grill are within the 25-foot NDZ. • The Commission discusses the violation and agrees to issue an Enforcement Order stating no further alteration of the property within the wetland or 100-foot Buffer Zone will be allowed without proper 2022-04-27 Conservation Commission Minutes Page 5 of 7 Approved 0512512022 permitting with the NACC. The gas grill must be moved to a location outside of the 25-foot NDZ within 14- days. • A motion to issue an Enforcement Order as discussed is made by Mr. Lynch, seconded by Mr. Mabon. • Vote 4-0,Unanimous. • A motion to accept this as a Small Project"H"is made by Mr. Mahon, seconded by Mr. Lynch. • Vote 4-0, Unanimous. • A motion to approve the Small Project as recommended is made by Mr. Mabon, seconded by Mr. Lynch. • Vote 4-0,Unanimous. Documents 20220425_112813, April 2021 Aerial, Final As-Built#242-1459-Empire Drive, March 2020 Aerial, Small Project Application with Supporting Materials NACC#93-Renewal, 660 Great Pond Road(Giving Garden at Rolling Ridge) • Fran Fink, Giving Garden states they are seeking to install a greenhouse (8'x 20')this year and explains the proposal. • The Administrator states the Commission was only provided the annual report for the Small Project renewal. She was not comfortable presenting the greenhouse proposal given that the location might be within the Conservation Restriction. • Ms. Fink states the original proposed location for the greenhouse was within the CR. She has taken measurements and there are several other locations outside of the NACC's jurisdiction and CR. She provides copies of the annotated plans for the Commission's consideration. • The Commission discusses the greenhouse and agrees if the location is outside of the 100-foot Buffer Zone and CR it will not require the NACC's review.No action will be taken on the greenhouse at this time. • The Administrator requests additional time to verify if the location is outside of the CR. • Mr. Lynch reminds the Applicant that synthetic fertilizers are prohibited and questions how the new composting toilet is working out. • Mr.Fink states the toilet is easy to take care of and is saving the Giving Garden$140 a month. • Mr. Capachietti states that upon completion of yearly farming activities an annual report will be required. The Water Commission holders of the CR, shall be notified of the renewal of the organic farm permit. Only organic weed and pest control shall be used on-site. • A motion to renew the Small Project for 1-year as amended is made by Mr. Capachietti, seconded by Mr. Lynch. • Vote 4-0,Unanimous. Documents Renewal Materials 04 20 22, Soil Conservation Apt March 2022 Enforcement OrderlViolation 40 Candlestick Road(Mather) • The Administrator states during a site visit for a proposed generator permit the Field Inspector observed several violations within the 25-foot NDZ and 50-foot NBZ. A cease and desist letter was issued with a list of corrective actions. Based on historical aerials the fences date back to 2001. Between 2005 to present the previous lawn surfaces were converted to patios and hard surfaces. Since 2005 these footprints have expanded. A copy of the 1995 as-built plan depicts the house and edge of disturbance which has a fieldstone wall. The retaining walls may have taken the place of the fieldstone wall. Site conditions have changed since the 1995 as-built plan. At the time the house was built the 50-foot NBZ was relaxed in some areas. The homeowner has owned the property since October 1995. The previous Field Inspector issued a tree removal letter in 2019 allowing the removal of a large pine tree. • Mr. Lynch confirms there has been no permitting activity since the original construction. • Rich Mather, the homeowner is present. He states since the house was purchased; they have used the sloped wall as the line. He was not aware that permitting was required for the work that has been done. The walkway was replaced in kind with a different perimeter. The tree removed in 2019 was outside of the 25-foot NDZ. 2022-04-27 Conservation Commission Minutes Page 6 of 7 Approved 0512512022 • Mr. Lynch explains that the wetland delineation line from 1995 may no longer be valid once the COC was issued. • Mr. Mather provides a picture of the sloped wall area for the record. • The Administrator reads from the Order(242-719)which states the 50-foot NBZ was waived to 32-ft between wetland flags A-3 &A-7 and conditioned a fieldstone wall as a physical barrier. • The Field Inspector states based on the 1995 photos the current stone wall is more extensive than what was there. • The Commission discusses the Violation and agrees the wetland line needs to be delineated and a surveyed plan required,the plan should include existing conditions. The homeowner is given 30-days to engage wetland scientists and 30-days for the delineation. An existing conditions site plan is required to be submitted within 30-days of the delineation deadline with an NOI submitted no later than August 27, 2022. • Mr. Capachietti states that if a deadline cannot be met to inform staff. • A motion to ratify and amend the Enforcement Order as discussed is made by Mr. Lynch, seconded by Mr. Mabon. • Vote 4-0,Unanimous. Documents 40 Candlestick Road-Enforcement Order 0415 22, 40 Candlestick Road-photo received 04 27 22 meeting Foster Street—Heating Oil Spill • Mr.Napoli would like to know if Clean Harbors has met all the criteria of the EO. • Allen Walker, Clean Harbor, attending remotely states they have met all the requirements with the exception of the evaluation of impacts which requires comments from the Ecological Risk Assessor. The Administrator was notified that the Ecological Risk Assessor is out of the country and will return next week. • The Administrator states the letter was received late today from Clean Harbors. The letter provided a summary of Clean Harbors investigation findings and requested an extension for the Ecological Risk Assessor's evaluation. The letter included an evaluation recommendation for remedial options for consideration by the Town. Due to the late submission the Administrator was unable to review the material nor has the Town's Third Party Peer Reviewer. The ecological risk assessment from Wood Environmental required in the EO is missing. Once this is received the deliverables required in the EO will have been met, physical remediation is still required. • Mr.Napoli expresses concern with materials being submitted the day of the meeting. • Mr. Lynch acknowledges that they have received the Wood Environmental preliminary report. • The Commission discusses previous fines and when they stopped, the EO remains in place with no fines attached. The Commission discusses the extension request from Clean Harbors and agrees the missing deliverables must be received by May 6th at noon. If the technical memorandum from Wood Environmental is not received fines will re commence on May 6th until compliance is reached. • Mr. Walker questions if the Third Party Peer Reviewers comments are available. • The Administrator states the review has not been completed. • A motion to amend the Enforcement Order as discussed is made by Mr. Capachietti, seconded by Mr. Lynch. • Vote 4-0,Unanimous. Documents 02-09-2022 Meeting Materials, 02-23-2022 Meeting Materials, 03-09-2022 Meeting Materials, 03-23-2022 Meeting Materials, 04-13-2022 Meeting Materials, 04-14-22 Daily Log, 04-19-22 Daily Log, 04-25, 26-22 Daily Log,CH VPH Testing Results, Email- GE1& Town Review of CH Wood Technical Memorandum Dated 04-15-22, Email.J. Mabon Foster Street Site Visit with DEP, Lab Report on CH's VPH Testing, Prelimanary_Tech_Memo_04152022_revla, Weight Slip 4-22-22 Roadside Excavated Soil, Weight Slip A 4-21-22 Roadside Excavated Soil, Weight Slip B 4-21-22 Roadside Excavated Soil 2022-04-27 Conservation Commission Minutes Page 7 of 7 Approved 0512512022 40 Flagship Drive(DWT Holdings,LLC) • The Administrator states she was informed that the signatures of the downstream abutters have been obtained. Norse Environmental is working to finalize the NOI to submit by the end of the week, if not by Monday. The site is stable,no work is being conducted. • William Linskey, DWT Holdings, LLC, is present remotely. • The Commission discusses the EO and agrees no additional action is required at this time. Documents 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 MVP Action Grant Application—NACC Support Letter • The Administrator states the Community&Economic Development Division is working on an MVP Action Grant application to assist in developing a street tree urban forest inventory/evaluation, obtaining LIDAR information, assessment of climate vulnerable areas,policy review, soil sampling, and general operation and maintenance recommendations for the Town with regard to tree planting and long-term care. The Town will receive funding of$700,000 for tree planting in increments yearly through the Amazon development agreement. The grant would help the Town to use this funding as wisely as possible. The survey will help provide a better understanding where tree planting is needed as well as what long term maintenance should be considered. Various stakeholders are being asked for letters of support to include in the application. The grant application is due on May 5th. • The Commission discusses the request and agrees to issue a letter of support. • A motion to authorize a letter of support and allow the Chairman to sign on behalf of the NACC is made by Mr. Lynch, seconded by Mr. Capachietti. • Vote 4-0,Unanimous. Decision 242-1822,45 Cotuit Street(Seaport Homes,LLC) • The Administrator reviews the drafted Order of Conditions. • The Commission requests additional language be added as to why a wildlife habitat study was not required. The two large trees within the 100-foot Buffer Zone shall not be removed without additional permission being requested. The bond will be set in the amount of$10,000. The erosion control monitor must be an impartial third party wetland scientist. The language in Condition#40 will be revised as discussed. All underground utilities at the brook crossing shall be in a contained sleeved pipe,the sleeve shall extend the full length of the wetland crossing plus 20-ft on both sides. Prior to construction the 25-foot NDZ shall be monumented with a fieldstone wall.No washout of concrete trucks shall be allowed on-site. A dewatering location is to be established at the pre-construction meeting. The language in Condition#65 will be revised as discussed. A construction fence is to be installed at the edge of the 25-foot NDZ. • A motion to adopt the Order of Conditions as drafted and amended is made by Mr. Mabon, seconded by Mr. Lynch. • Vote 4-0,Unanimous. Adjournment • A motion to adjourn at 10:03 p.m. is made by Mr. Lynch, seconded by Mr. Mahon. • Vote 4-0,Unanimous. 2022-04-27 Conservation Commission Minutes