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HomeMy WebLinkAbout2023-01-25 Conservation Commission Minutes Page 1 of 8 Approved 0210812023 North Andover Conservation Commission Meeting Minutes January 25,2023 Members Present: The following identified themselves as present on the call: Sean F. McDonough, Anthony Capachietti, Joseph W. Lynch, Louis A. Napoli,Chairman and Albert P.Manzi, Jr.,Vice Chairman,John T. Mabon and Ryan D. Hale Members Absent: none Staff Members Present: The following identified themself as present on the call: Amy Maxner, Conservation Administrator Meeting came to Order at: 7:16 p.m. Quorum Present. The Administrator, Amy Maxner reads the following statement: Pursuant to Chapter 20 of the Acts of 2021, this meeting of the North Andover Conservation Commission will be conducted 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. Members of the public who wish to watch the meeting live may do so on their televisions by tuning to NA CAM-ED, Comcast Channel 99 or TVerizon Channel 28 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, please email your question/comment prior to or during the meeting to amaxner iynorthandoverrna.gov. The question/comment will be read during the proceedings and responded to accordingly. Acceptance of Minutes • A motion to accept the minutes of October 12,2022&November 16, 2022, as drafted is made by Mr. Mabon, seconded by Mr. Lynch. • Vote 7-0,Unanimous. • A motion to accept the minutes of July 27, 2022, as drafted is made by Mr. Hale, seconded by Mr. Manzi. • Vote 7-0,Unanimous. Small Project NACC#300,56 Great Pond Road(Coleman) • The Administrator states the proposal is for an in-kind deck replacement. The 42'xl2' deck will be supported by 6x6 posts and helical piles vs concrete footings. The existing footings will be left in place to avoid ground disturbance. Based on staff measurements the work at its closest point will be approximately 62-ft from the Resource Area. Erosion controls are proposed around the perimeter of the deck. The Administrator recommends issuing a small project`B"with conditions requiring the dumpster and construction materials be kept on the paved driveway and pre and post construction inspections. • Mr. Hale confirms construction access will be from the driveway side of the house. • A motion to accept and approve this as a Small Project`B"with conditions as recommended is made by Mr. Manzi, seconded by Mr. Hale. • Vote 7-0,Unanimous. Documents 20221206 134657, 20221206 134717, Small Project Application with Supporting Materials 01 09 23 Modification 242-1812,42 Huckleberry Lane (Peyman) 2023-01-25 Conservation Commission Minutes Page 2 of 8 Approved 0210812023 • The Administrator provides background on the Order issued in June 2021. The Applicant is seeking a modification to eliminate the retaining wall around the pool and extend the riprap slope, resulting in a slope ranging from 3:1 to 5:1. Minor grading off the northwest corner of the patio is proposed. The site is in compliance,no additional waivers are required. • Stephen Stapinski, Merrimack Engineering Services,Inc. verifies that work is still outside the 50-foot NBZ. • A motion to approve the Modification as proposed is made by Mr. Mabon, seconded by Mr. Lynch. • Vote 7-0,Unanimous. Documents 12269BLOWUPI, 20221027 143738, 2022102 7 143837, Final Approved Plan 42 Huckleberry, Mod Plan with rip rap wall detail, Modification Memo Notice of Intent(NOI) 242-1787, 135 North Ramp Road(DeRosa) • Mr.Napoli recuses from the discussion due to a conflict of interest, and Mr. Manzi steps in as Chair. • The Administrator provides background on the project heard at a previous meeting. A third-party peer review was performed,the material was confirmed to be PGA at approximately 20-ft depths. Three rounds of ground water testing show below reportable readings of contaminants. A final agreed upon(Applicant&Airport) draft plan was submitted per the request of the NACC. A third-party stormwater review was conducted by Linden Engineering at the request of the NACC. Three rounds of comments were raised by Linden Engineering, all comments were responded to with satisfaction. • Mr. Mabon confirms the ground water quality monitoring wells will continue to operate for 2-years once the OOC is closed. • Mr. Lynch is also in favor of preservation of the monitoring wells. He believes it is important that the materials on the upper roadway/driveway are properly compacted and managed to prevent siltation into the detention pond. He requests an annual O&M report for the infiltration pond. • Mr. Manzi expresses concerns with ongoing truck traffic on the upper level of the site. He questions if a final location of the fence is depicted on the plan. • The Administrator states the location of the fence has been depicted on the plan. A pre construction requirement of the Order will require the fence location to be staked by survey; the survey stakes are to remain during construction.NDZ signage and locks will be required on the fence, access will be permitted for certain maintenance activities. A deed restriction for the peninsula will be incorporated as a requirement into the OOC.Per the recommendation of Linden Engineering additional language will be incorporated into the Order regarding requirements prior to the rehabilitation of the basin. A condition will be added with regards to the monitoring wells and a yearly O&M for the on-site stormwater management features. • The Commission discusses having a pre-qualification sheet with the ability to reject candidates for the airport's LSP if they are not deemed acceptable. • Jacob Lemieux, Hancock Associates and Rob DeRosa,Positive Start Realty are present on the call. • Francisco Urena, Lawrence Municipal Airport states they have no objections to a deed restriction. • No abutters are present. • A motion to close and issue in 21 days is made by Mr. Lynch, seconded by Mr. Mabon. • Vote 4-1-2(In Favor: McDonough, Lynch,Manzi,Mabon,Recused: Napoli,Abstained: Capachietti&Hale). Documents 01-27-2021 Meeting Materials, 02-23-2022 Meeting Materials, 04-28-2021 Meeting Materials, 05-11-2022 Meeting Materials, 06-10-2020 Meeting Materials, 08-11-2021 Meeting Materials, 09-14-2022 Meeting Materials, 12-09-2020 Meeting Materials, 10-17-22 Linden Initial Review Comments-PDF Version, 11-01- 22 Hancock Revised Plan, 11-01-22 Hancock Stormceptor STC NJCAT Laboratory Verification, 11-01-22 Hancock Storm Tech-Isolator-Row-fieldtesting, 11-01-22 Revised Stormwater Report and Addenda, 11-15-22 Linden 2nd Review Comments-PDF Version, 11-16-22 Hancock Groundwater Separation Memo, 11-16-22 Hancock Revised Plan, 11-16-22 Hancock Second Peer Review Response, 11-16-22 Hancock SWR Rev, 11- 17-22 Linden Final Review Comments-PDF Version 2023-01-25 Conservation Commission Minutes Page 3 of 8 Approved 0210812023 Notice of Intent(NOI) 242-1856, 9 Hawkins Lane(MDS Realty Trust) • The Administrator provides background on the proposal heard at the previous meeting. A revised plan has been submitted which reflects the Riverfront delineation that Commissioner Hale and the Administrator agree with. An updated alternatives analysis has been provided. A letter from the attorney has been provided with regards to the validity of the shared driveway. The shed and dumping within the 25-foot NDZ and 50-foot NBZ have been addressed and verified in the field. Due to the project location a turtle protection plan is required and approved by NHESP. • Mr. Hale requests reseeding or plantings in the disturbed area where the shed and dumping occurred. • Mr. Mabon expresses concerns with the driveway setbacks from the wetland(35-ft). • Mr. Lynch states the Commission's decision is based on the alternatives analysis and access to the back lot only,not the covenant itself. • William Dufresne, Merrimack Engineering Services is present on the call. • A motion to grant the waiver request based on the alternative analysis showing there was no other alternative to alter Buffer Zone land in order to gain access to the back lot is made by Mr. Lynch, seconded by Mr. Manzi. • Vote 7-0,Unanimous. • A motion to close and issue in 21 days is made by Mr. Lynch, seconded by Mr. Mabon. • Vote 7-0,Unanimous. Documents 01-11-2023 Meeting Materials, 01-19-23 Dufresne Entail- 9 Hawkins Lane Stipp. Materials, 9 Hawkins Alternatives Analysis, 9 Hawkins Alternatives Analysis.doc - Google Does, 9 Hawkins CD Covenants, 9 HAWKINSLN._NORTH ANDOVER-EROSION5A, 9HAWKINSLN._NORTHANDOVER-EROSION5B, 9 Hawkins Waiver WS, 13037TP04 Notice of Intent(NOI) 242-1863, 1000 Johnson Street(Remade LLC) • The Administrator states the wetland flag error has been resolved. The revised plan accurately depicts the wetland, shrinking the 50-foot NBZ allowing for a wraparound farmers porch. The footprint of the porch has been reduced to ensure it is outside of the 50-foot NBZ. Crushed stone will be used for the driveway as required by the NACC; no expansion is proposed. Per the NACC's request the generator location has been relocated to the other side of the house. A waiver request and alternatives analysis were submitted for the construction of stairs off the rear of the garage. The garage is in the 50-foot NBZ and the stairs will be within the existing lawn area. The existing shed will be relocated outside of the 50-foot NBZ. • The Commission discusses the waiver request and agrees they are not in favor of granting the waiver with the alternatives analysis provided. • A motion to continue to February 8, 2023,is made by Mr. Manzi, seconded by Mr. Lynch. • Vote 7-0,Unanimous. Documents 01-11-2023 Meeting Materials, 1000 Johnson - Garage Stairs Waiver Request Form 2021,1000 Johnson St- Front Porch and Basement,1000 Johnson Wetland Survey LeBlanc Updates v8 Alternate, 1000 Johnson Wetland Survey LeBlanc Updates v8, 20230117 082026, 20230117 082335, G. Kennedy Entail FU 1-19- 23 Notice of Intent(NOI) NACC#301,81 Paddock Lane (Hamilton) • The Administrator presents the proposal for the installation of an in-ground swimming pool with associated patio,retaining wall and fencing under the local bylaw. Construction access and stockpile locations are depicted on the plan with the stockpile area being partially within the 50-foot NBZ. A dewatering basin is proposed. All work will be in the 100-foot Buffer Zone,work at its closest point will be 50.8-ft from iVW. The wetland delineation was reviewed, one WF was shifted however this will not impact the project. A 2023-01-25 Conservation Commission Minutes Page 4 of 8 Approved 0210812023 cartridge filtration system is proposed. During a site inspection a shed was observed partially within the 50- foot NBZ. Per aerial photos the shed appears in 2012,the property was purchased by the current homeowner in 2018. Yard waste dumping was also observed within the IV W and 25-foot NDZ to IV W. • Mr. Hale questions whether relocating the stockpile and dewatering areas closer to the wood deck, away from the wetland would be more appropriate given the grades. • Greg Hochmuth, Williams & Sparages states moving the stockpile location would prevent access to the site, this area also slopes toward the neighboring property. Stockpiling will be needed on a temporary basis, excavated materials will be used on the site. The contractor must deterinine the exact location of the sanitary disposal system prior to construction to ensure it is protected and setbacks are adhered to. They are confident the pool meets the BOH setbacks per the record as built plan on file with the BOH. • Mr. Lynch confirms there are no additional wetlands on the northern portion of the site. • Mr. Hochmuth states there is no alternative analysis to support not moving the shed. The Applicants are okay with adding plantings if the shed remains in place or relocating it outside of the 50-foot NBZ. • The Commission discusses the shed,they agree it should be relocated outside of the 50-foot NBZ. Revised plans showing the new shed location are to be submitted. Erosion controls around the stockpile area must be fortified. • A motion to continue to February 8, 2023, is made by Mr. Lynch, seconded by Mr. Manzi. • Vote 7-0,Unanimous. Documents 81 Paddock Lane-Notice oflntent Plan, 81 Paddock Lane-Notice oflntent, 2012 GIS Aerial-Showing Shed, 20230119_133049, 20230119 133229, Plan to Accompany a Notice oflntent- 81 Paddock Lane RI Notice of Intent(NOI) 242-1862,Weir Hill,Hatch-Alewife Trail Improvements (TONA) • The Administrator states the proposal is for trail improvements. The trails are located to the east of the Hatch Trail stone tunnel and on properties owned by both the Town and TTOR. The sections of post and rail fencing are proposed to deter the public from migrating off the trails. She describes the two different locations for the post and rail fence. All proposed work will be conducted by hand and will not impede wildlife passage. Excess soils will be placed on a tarp and taken off site, exposed soils will be covered with leaf litter.Planting and seeding are proposed in several areas to re naturalize sections created by foot traffic. • Jean Enright, Planning Director TONA states the Town has partnered with TTOR on the application,the project is being funded by the CPC. The project will expand upon previous efforts helping to delineate the trail keeping walkers off the shore line. • The Administrator states a waiver request has been provided, for fencing within the 25-foot NDZ. The project is located within NHESP,but a response letter has not been received. • A motion to grant a waiver based on necessity is made by Mr. Lynch, seconded by Mr. Mabon. • Vote 7-0,Unanimous. • A motion to continue to February 8, 2023,is made by Mr. Lynch, seconded by Mr. Mabon. • Vote 7-0,Unanimous. Documents NOI Signature Page, Signed Affidavit of Service 01 12 23, Weir Hill Hatch-Alewife Improvements-NOI Plan,Weir Hill Hatch-Alewife Notice of Intent Certificate of Compliance 242-1739,Rea Street Subdivision(RDM Rea St LLC) • The Administrator states the Applicant has requested a continuance. • A motion to continue to March 8, 2023,is made by Mr. Manzi, seconded by Mr. Mabon. • Vote 7-0,Unanimous. Documents Email from hosgood�e c grnail.eom requesting a continuance until 318123 2023-01-25 Conservation Commission Minutes Page 5 of 8 Approved 0210812023 Certificate of Compliance 242-1045,430 Osgood Street,North Andover High School(Town of North Andover) • Fred King,DGT Associates states they do not have a stamped surveyed plan of the utilities. Contractor as- builts have been reviewed and submitted with the request. • Mr. Mabon states the NACC requires an as-built plan at the end of a project. • Mr. Napoli questions if there is an as-built plan for the football field. • The Commission discusses the request and agrees the Applicant is not eligible for a Certificate of Compliance,the OOC was not fulfilled.No other projects can be heard due to non-compliance. • Mr. Manzi would like to know when an as-built plan will be submitted. The OOC requires an as-built plan; the Order will not be modified/amended. • Mr. King states he has certified what he can in the letter provided with the request.A contractor's as-built (utility)was done, a complete as-built of the site has not been conducted. • James Mealey,Assistant Superintendent NAPS states he understands that a full survey is required, additional funding has been secured for the survey. • The Administrator states an existing conditions plan should be provided and deviations noted. • Mr. King questions if there are any other issues that need to be addressed other than the as-built plan. • Mr. Lynch recommends reviewing the OOC with special attention to the perpetual conditions. • Mr.Napoli requests the Administrator review the Order and provide a list of outstanding issues. • A motion to deny the Certificate of Compliance is made by Mr. Lynch, seconded by Mr. Manzi for discussion. • Vote 6-1, (In Favor: McDonough, Capachietti, Lynch,Napoli, Mabon, Hale, Opposed.• Manzi). Documents Attachments does, NAHS Request for COC letter 2023-01-03 Certificate of Compliance 242-634,Partial COC Request,85 Colonial Avenue(Lot 7A) (Castaldo) • The Administrator provides background on the Order issued in January 1993. An engineer certification letter was provided noting deviations from the approved plan. The 1996 as-built plan approved by the then Administrator(M. Howard) shows a cantilevered deck with footings located outside of the 50-foot NBZ. The plan also depicts a small patio located within the 50-foot NBZ that was not commented on. The patio has expanded and the deck footprint has enlarged. Additional violations observed at the time of the site inspection have been addressed. The property has recently sold and the seller is seeking a COC for the lot. • Mr. Capachietti recuses from the discussion due to a conflict of interest. • Jeffrey&Caroline Castaldo, the Applicants/sellers are present on the call. • Atty. Alexandra Castaldo states it is her understanding that the deck and patio were constructed by the developer. The patio area has not been expanded; pavers have been placed on the existing materials. She confirms that the portion of the deck shown on the 1996 is still acceptable. • Atty. Allison Burns states the Applicants/sellers no longer have any attachments to the property. She requests a PCOC be issued and then deal with the non-compliance. • Mr. Manzi provides direction on how the Applicants/sellers may proceed. • The Administrator states it is her opinion that the deck is allowable since it was approved by the previous Administrator. • The Commission discusses the request and agrees a PCOC cannot be issued,the lot must be brought into compliance. Enforcement action may be taken by the NACC if the situation is not rectified. • Atty. Burns requests a continuance to determine how to proceed. • A motion to continue to February 8, 2023, is made by Mr. Manzi, seconded by Mr. Hale. • Vote 6-1 (In Favor: McDonough,Lynch,Napoli, Manzi, Mabon, Hale, Recused: Capachietti). Documents 85 Colonial As-Built Plan 12-21-22, 242-634 Lot 7 CofC Request, PE Certification, 20230119 161853, 20230119 161919, 20230119 161925, 20230119_162012, 20230119_162040, Cantilevered Deck Footings, MDH Approval 12-9-96plan, NOA-0042H CertofComplianceRI 2023-01-25 Conservation Commission Minutes Page 6 of 8 Approved 0210812023 Certificate of Compliance 242-590,Partial COC Request, 165 Flagship Drive(United Realty Trust) • The Administrator provides background on the Order issued in July 1992. The Applicant is seeking a PCOC to release the lot from the Order governing the roadway. The roadway is under the Town's jurisdiction and the DPW is responsible for obtaining a full and final COC for the roadway. • Mr. Lynch confirms that the lot is compliant. • The Administrator states an RDA was issued in 2015 for a PVC conduit. • Michael Ashley,United Realty Trust states there have been no changes since the original construction. The Order stated any work that was to extend into the 165 Flagship Drive lot would require a separate OOC. • A motion to grant a Partial Certificate of Compliance for 165 Flagship Drive is made by Mr. Manzi, seconded by Mr. Hale. • Vote 7-0, Unanimous. Documents 242-590 PCOC Request 01 1123 Certificate of Compliance 242-843, 165 Flagship Drive(United Realty Trust) • The Administrator provides background on the Order issued in December 1996. The work was never done and the Order has expired. • Michael Ashley,United Realty Trust is present on the call. • A motion to issue a Certificate of Compliance for work never commenced is made by Mr. Manzi, seconded by Mr. Lynch. • Vote 7-0,Unanimous. Documents 242-843 COC Request 01 11 23 Enforcement Order/Violation 242-1692, 1210 Osgood Street(Princeton Properties Mgmt/LIPT Osgood Street,LLC) • The Administrator states a continuance has been requested. • A motion to continue to February 22, 2023,is made by Mr. Manzi, seconded by Mr. Lynch. • Vote 7-0,Unanimous. Documents Email fromJbroi,vn requesting a continuance until 2122123 Amendment 242-1692, 1210 Osgood Street(Princeton Dev. &Forgetta Dev.) • The Administrator states a continuance has been requested. • A motion to continue to February 22, 2023,is made by Mr. Manzi, seconded by Mr. Lynch. • Vote 7-0,Unanimous. Documents Email from.&rown 0 rincetan requesting a continuance until 2122123 General/New/Old Business 242-1692, 1210 Osgood Street(Princeton Dev. & Forgetta Dev.)-request to cease erosion control reporting on residential side of site • The Administrator states a continuance has been requested. • A motion to continue to February 22, 2023,is made by Mr. Manzi, seconded by Mr. Lynch. • Vote 7-0,Unanimous. Documents Email from.iLmoivri a)rincetonpra requesting a continuance until 2122123 General/New/Old Business 2023-01-25 Conservation Commission Minutes Page 7 of 8 Approved 0210812023 Meadow Fish Place(Map 104D Lot 14)-Potential CPC Application • Mr. Manzi recuses from the discussion due to a conflict of interest. • The Administrator states the owners are looking to sell the property to the Town. The property consists of 9.6- acres of vacant land containing mowed field,woodland,wetlands and 2,000-ft of frontage along Mosquito Brook with associated Riverfront Area. Access to the lot is gained through the Lancaster subdivision via a maintained ROW (aka Old Wildcat or Purgatory Lane). The access ROW was cleared of encroaching vegetation and packed gravel installed under an RDA in 2021. The property fulfills a number of criteria in the Open Space Plan. Greenbelt holds land adjacent to the parcel. The Town Manager has given the okay to obtain an appraisal in preparation for submitting an application to the CPC. Contact was made with Greenbelt with regards to the Conservation Restriction. The Town Manager has asked if the NACC would support the application and be the Applicant on behalf of the Town. • The Commission discusses the proposal and agrees they are in favor of the project. • A motion to endorse the project and for the NACC to act as the Applicant on behalf of the Town is made by Mr. Lynch, seconded by Mr. Mabon. • Vote 6-1 (In Favor: McDonough, Capachietti, Lynch,Napoli, Mabon, Hale,Reeused: Manzi). Documents Fish Meadow Boundary Plan, Fish Meadow Maps Enforcement OrderNiolation 40 Flagship Drive(DWT Holdings,LLC) • The Administrator recommends the NACC issue new EO's. An EO for the site requiring work cease and desist until a NOI is submitted and a second to the violator and the downstream property owners requiring submission of a restoration plan. She offers to draft the EO's for review by the NACC at the next meeting. • Mr.Napoli feels it is appropriate for fines to be issued to the violator. • Mr. Mabon confirms the first EO will reference the contamination of the stormwater that has impacted other downstream property owners. • Mr. Lynch questions if the downstream property owners expressed concerns with impacts to their property. • The Administrator states they expressed concerns with drainage issues, not related to the impacts. • A motion to continue to February 8, 2023, is made by Mr. Mabon, seconded by Mr. Lynch. • Vote 7-0,Unanimous. Documents 01-11-2023 Meeting Materials, 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 Decision 242-1860,290 Stevens Street(Lawlor) • The Administrator reviews the drafted Order of Conditions. • Additional language requiring an agreement with Town for an easement for the existing pipe post construction. The bond will be set in the amount of$5,000. The Commission discusses dewatering which must be installed and inspected at the pre construction meeting. • A motion to adopt the Order of Conditions as drafted and amended is made by Mr. Lynch, seconded by Mr. Mahon. • Vote 7-0,Unanimous. Decision 242-1787, 135 North Ramp Road (DeRosa) • Mr.Napoli recuses from the discussion due to a conflict of interest, and Mr. Manzi steps in as Chair. • The Administrator reviews the drafted Order of Conditions. • Additional imported fill will not be permitted within the peninsula area. The bond will be set in the amount of $40,000. Condition#40 allows oversight by the NACC. The Administrator will consult with the GEI 2023-01-25 Conservation Commission Minutes Page 8 of 8 Approved 0210812023 regarding Condition#63 to determine the frequency and type of reporting required. Additional language will be added to Condition#42 regarding deviations to the plan and S WPPP requirements. Double catch basins in the wrap area must be properly protected with deep sump and hoods. Sumps must not be more than 75%full before cleaning, evidence of cleaning must be provided. Additional language to be added regarding non- native seed mix. Verbiage regarding no snow stockpiling on the peninsula to be added. Condition#59 will require the supervision of a turf management specialist. A VMP is required subject to the Commission approval,mowing to be conducted. Condition 962 to be reviewed by GEI. Additional verbiage to be added to Condition#64 regarding the Asiatic Jumping Worm. All roadways and travel ways shall be maintained in compliance with the SWPPP and overseen by an erosion control monitor. • The Administrator states she will follow up with GEI for input as requested by the NACC. • This will be continued to the February 8th meeting. Adjournment • A motion to adjourn at 10:46 p.m. is made by Mr. Manzi, seconded by Mr. Lynch. • Vote 7-0,Unanimous. 2023-01-25 Conservation Commission Minutes