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HomeMy WebLinkAbout2023-04-26 Conservation Commission Minutes Page 1 of 5 Approved 0611412023 North Andover Conservation Commission Meeting Minutes April 26,2023 Members Present: Anthony Capachietti, Joseph W. Lynch,Louis A.Napoli, Chairman, Albert P. Manzi, Jr., Vice Chairman and Ryan D. Hale Members Absent: Sean F. McDonough and John T. Mabon Staff Members Present: Amy Maxner, Conservation Administrator Meeting came to Order at: 7:01 p.m. Quorum Present. Pledge of Allegiance Acceptance of Minutes • The minutes for March 22,2023 and April 12,2023 have not been reviewed. Modification 242-634, 85 Colonial Avenue(Castaldo) • The Administrator provides background information on the Order issued in January 1993. A PCOC request was submitted in January 2023 and withdrawn by the Applicant(sellers)to address non-compliant structures in the 50-foot NBZ. The after-the-fact Modification and waiver request seeks approval for deck and patio expansion and a screened in deck in a larger footprint.An interim as-built plan from 1997 depicts a cantilever deck into the 50-foot NBZ with footings located outside of the NBZ which was approved by the then Conservation Administrator. The deck approved by the previous Administrator was smaller than the current deck. There is an elevation separation between the structures and the wetland. • 7:06p.m. Mr. Capachietti enters the room. • Mr. Hale does not believe the Modification qualifies for a waiver and expects some sort of mitigation would be proposed to improve the existing conditions. He would like to compare the interim as-built plan to the as- built plan to understand what has changed since it was approved. • Mr. Manzi states the Modification does not meet the standard. • Mr. Lynch agrees the current conditions are very different from what was originally approved. It is his opinion that everything must be put back the way it was originally field modified by the then Administrator. • Jeffrey&Caroline Castaldo, the Applicants/sellers are present. • Atty. Alexandra Castaldo is present on behalf of the seller. The patio area has not been expanded;pavers have been placed on the existing patio constructed by the builder. The deck has been expanded upon since the 1997 as-built plan. The patio and deck have been on the property for more than 20-yrs with a stone retaining wall separating the uplands from the wetland. A waiver request was submitted to allow the structures to remain given there has been no damage to the BVW in the past 20-yrs. She believes the structures have helped prevent impacts to the wetland by keeping activities contained. • Mr. Hale states that the Buffer Zone is considered a resource area, although there may not have been direct impacts to the wetland there are still resource area impacts. • Mr. Manzi states due to the lack of baseline data they do not know if there has been any damage to the resource area. • The Commission discusses the request and agrees it is not approvable, enforcement action may be taken for the removal. • Atty. Cataldo requests a continuance to confer with the buyer's council on how to proceed. • A motion to continue to May 10, 2023 is made by Mr. Manzi, seconded by Mr. Lynch. • Vote 4-1 (In Favor: Lynch,Napoli, Manzi, Hale, Recused: Capachietti). Documents 2023-04-26 Conservation Commission Minutes Page 2 of 5 Approved 0611412023 01-25-23 Site Photos, 20230119 161909, 20230119 162012, 20230119 162030, Cantilevered Deck Footings, MDH Approval 12-9-96 plan, Conservation Commission L Final 04 10 23, Lot 7 Approved Plan 5- 12-1993, Modification Request L Final 0410 23, NDZ-NBZ-Waiver-Request-Worksheet.Final.04.10.23 Request for Determination of Applicability 634 Salem Street(Jurcic) • The Administrator states the proposal is for a full reclaim and repaving of the existing driveway in a slightly smaller footprint. The northwest corner of the driveway is 11-ft from the edge of BVW based on the Administrators site observations and measurements. The resource area consists of an intermittent stream and BVW. Approximately 300-sq ft of driveway closest to the wetland is proposed to be eliminated, this area will be loomed and seeded placing the driveway at 25-ft from the edge of BVW. A formal waiver request has been submitted. The garage is located under the rear section of the house. Erosion controls are proposed. • Mr.Napoli confirms that the Administrator will be present when the contractor digs up the driveway and pins the location. • The Administrator recommends issuing a Negative Determination#3 with conditions requiring pre and post construction meetings, erosion controls and marking of the 25-foot NDZ after reclaim to be verified by staff. • Benjamin Jurcic the Applicant/homeowner is present. • The Commission discusses the waiver request. • No abutters are present. • A motion to grant the waiver request as proposed is made by Mr. Manzi, seconded by Mr. Hale. • Vote 5-0,Unanimous. • A motion to close the hearing and issue Negative Determination#3 with conditions as recommended is made by Mr. Manzi, seconded by Mr. Lynch. • Vote 5-0,Unanimous. Documents Aerial- 634 Salem, Enlarged Driveway Plan, RDA Application with Supporting Materials 04 12 23 Request for Determination of Applicability 37 Scott Circle(Surette) • The Administrator states the proposal is for a shed to be supported by cinder block. The resource area consists of BVW and a certified vernal pool. Two proposed locations are presented, a waiver request was submitted for location#1. Location#1 is located within 25-ft of the wetland and there is an existing swing set from the previous homeowners. Location#2 is outside of the 75-foot NBZ but may not be feasible for zoning issues. A third location,location#3 at the apex of the 75-foot NBZ which complies with both the wetland and zoning setbacks was identified by the Administrator. • Bradley Surette the Applicant/homeowner states he is amenable to location#3 but would need to ensure the shed does not block the exhaust pipe for the septic. The size of the shed is an estimate,the shed has not been purchased. • The Commission discusses the request and agrees that location#1 is not approvable. After further discussion they agree location#3 is outside the 75' NBZ will not result in a negative impact to the resource area. The approved location must be west of the 75-foot NBZ, comply with the north zoning requirements and avoid the septic system. A pre construction meeting to verify and mark out the final approved location to be approved by staff. A post construction meeting to verify compliance. If the shed location cannot be determined at the pre construction meeting an NOI will be required. • No abutters are present. • A motion to close the hearing and issue Positive Determination for location #1 and Negative Determination #3 for location#3 as discussed is made by Mr. Lynch, seconded by Mr. Manzi. • Vote 5-0,Unanimous. Documents Aerial View- Options I and 2 - topo, NHESP Estimated Habitat of Rare Wildlife Map_37 Scott Cir, NHESP Vernal Pools Map, RDA Application with Supporting Materials 04 12 23, Shed Location Plan -highlighted 2023-04-26 Conservation Commission Minutes Page 3 of 5 Approved 0611412023 Request for Determination of Applicability Mazurenko and Reas Pond Boardwalk(FONAT) • The Administrator states the proposal is for trail upgrades at Mazurenko/Reas Pond Boardwalk. Rea Pond and Scout Trails are proposed to receive sections of boardwalks totaling 700-ft within seasonally muddy parts of the trails. Two (2)footbridges are proposed at the southerly section of Scout Trail at the northerly shore of Rea Pond. Due to the rise in the lake levels a section of trail at Rea Pond will be eliminated and re-routed. A site visit was conducted and the re-routed section of trail mapped out, a footbridge is required to cross a narrow part of swale to reconnect to the northerly trail section. • Mr. Lynch confirms that the bridge and boardwalk required at Rea's Pond are required due to the rise lake levels and that the other boardwalks are driven by the beaver pond. • Mike Agosti, FONAT member states the boardwalks are needed due to runoff and wet conditions. He questions the possibility of laying geotextile fabric with stone rather than constructing a boardwalk at the entrance to the parking area which was previously disturbed by construction vehicles. • The Administrator states the disturbed area is approximately 75-ft max. Due to the compacted soils she feels installing a boardwalk is the best solution. • Glen Aspeslagh, FONAT suggests placing the boardwalk off to the side to allow vehicle access if needed. • The Commission discusses the different options and agrees a boardwalk placed off to the side is the best alternative. Due to the proximity to the resource area a waiver will be required. • The Administrator recommends issuing a Negative Determination#2&#3 with conditions requiring all work to be conducted using hand tools,no cutting of wood within the resource area, all excess material shall be removed from the site and disposed of properly.Upon completion, the Conservation Department shall be contacted to conduct a final site inspection. The Administrator states she spoke with an abutter who expressed concerns with forest fires due to discarded cigarettes. • Mr. Aspeslagh states in general they rarely find litter on the trails,much less cigarette butts. • A motion to grant the waiver request as proposed is made by Mr. Manzi, seconded by Mr. Lynch. • Vote 5-0,Unanimous. • A motion to close the hearing and issue Negative Determination#2&#3 as discussed and recommended is made by Mr. Capachietti, seconded by Mr. Lynch. • Vote 5-0,Unanimous. Documents RDA Application Mazurenko and Reas Pond Boardwalk 04 13 23 Notice of Intent(NOI) 242-1859, 0 Turnpike Street(Middleton Farms,LLC) • The Administrator states the Applicant has requested a continuance. • A motion to continue to May 24, 2023 is made by Mr. Manzi, seconded by Mr. Hale. • Vote 5-0,Unanimous. Documents Email from takerleyf(r ,engineers.cam requesting a continuance until 5124123 Enforcement OrderNiolation 129 Forest Street(Trickett) • The Administrator states the violation was found while conducting a site visit for a building permit for the installation of a propane tank. The house is flanked by wetlands which include a potential vernal pool. The violation consists of a walkway,patio, fire pit and block wall all of which are under construction at the side of the house,work is as close as 26-ft from the resource area. The propane tank was signed off, to avoid leaving the homeowner without heat or hot water. She recommends delineating the wetland and evaluating for vernal pool function. The site is currently stable. • Paul &Robin Trickett, the homeowners are present. Per the homeowner the creek area has been dry for over 10-yrs. They are the original owners of the house which was built in 1992. A riprap wall was installed when the house was built and has been used as a guide to the wetland. 2023-04-26 Conservation Commission Minutes Page 4 of 5 Approved 0611412023 • The Commission explains what makes up a vernal pool. The extent of the violation is unknown until the wetland is evaluated for vernal pool function. After discussion the Commission agrees a qualified Wetland Scientist must be engaged to determine the resource area and report back to the NACC. They request the Administrator provide the homeowners with a list of qualified scientists. • A motion to issue an Enforcement Order as discussed is made by Mr. Manzi, seconded by Mr. Lynch. • Vote 5-0, Unanimous. Documents 129 Forest Aerial, 129 Forest Street Violation Letter 0418 23, 20230414 094341 Enforcement Order/Violation 242-1769,Dogwood Circle Condominium (Property Management of Andover,Inc.) • The Administrator provides background on the Order issued in November 2019. It recently came to the Administrators attention that work was conducted without knowledge of the design engineer or herself, no conditions of the Order were complied with. Construction of the retaining wall was verified during a recent site visit with Paul Bergman who was engaged by the property management company to design another wall within the condo complex behind Juniper Circle. The Administrator recommends the NACC require the Applicant complete the appropriate pre construction requirements. She also suggests the contractor provide an affidavit as to how the wall was constructed. • Paul Bergman,Bergman&Associates states he was not involved in the permitting for the Dogwood retaining wall but has been retained to help resolve the situation. • Mr.Napoli expresses concern that the wall was constructed prior to any of the pre construction requirements. He is in favor of removing the wall and having it reconstructed. • The Commission discusses the violation and agrees the Order must be recorded immediately,performance bond posted and an as-built prepared for review at the May 10, 2023 Conservation Commission Meeting. A true attested copy will be provided for recording purposes. The performance bond must be paid no later than May 1, 2023 and a surveyed stamped as-built plan must be prepared and submitted to the NACC. ASAP. Fines will be assessed in the amount of$100 per day for every day that all three of these directives are not satisfied. • Mr. Lynch states if the as-built plan depicts a wall location other than what was approved the wall must come out and be reinstalled in accordance with the OOC and plans. • Mr. Bergman states they will conduct an as-built survey and superimpose the wall from the Williams& Sparages drawing onto it in a different color. • A motion to ratify the Enforcement Order as amended is made by Mr. Lynch, seconded by Mr. Manzi. • Vote 5-0,Unanimous. Documents 242-1769, Dogwood Circle EO-Notice of Non Compliance with OOC, 20230418 092846, 20230418 092855, 20230418 093226 Enforcement Order/Violation 196 Marbleridge Road(Kowalski) • The Administrator states the Homeowner has requested a continuance. • A motion to continue to May 10, 2023 is made by Mr. Manzi, seconded by Mr. Lynch. • Vote 5-0,Unanimous. Documents Email from sue.kowalskiC ail.com requesting a continuance until 5110123 Enforcement Order/Violation 40 Flagship Drive-85 & 115 Flagship Drive,400 Willow Street(DWT Holdings,LLC) • The Administrator reviews the draft Enforcement Order which has been reviewed by Town Counsel.It was determined that the responsible party may be pursued for fixing the impacted wetland downstream. • Mr. Manzi questions whether sufficient safeguards are in place to prevent additional permitting. 2023-04-26 Conservation Commission Minutes Page 5 of 5 Approved 0611412023 • The Administrator states all departments have sign off requirements and that due to the impacts Conservation has jurisdiction over the entire property. The performance bond held by the Planning Board is a surety bond and the property is currently 2-yrs in arrears on property taxes. • The Commission discusses how to prevent activity from occurring onsite that does not require system permitting. Additional language will be added to the EO pertaining to the NACC's jurisdiction. To enforce the cease and desist order the Town of North Andover will post signage at the access points to the property. Language regarding the recession of penalties and fines will be removed. She reviews the deadline directives outlined in the EO. All departments and downstream impacted abutters will be ce'd on the Enforcement Order. They direct the Administrator to speak with Town Counsel and Planning regarding revoking the Site Plan Review Special Permit held by the Planning Board. Commissioner Capachietti will review the permit for terms believed to have been violated. • A motion to issue an Enforcement Order as drafted, discussed and amended is made by Mr. Manzi, seconded by Mr. Lynch. • Vote 5-0,Unanimous. • A motion to procure funds from the filing fee account or budget for the purpose of posting the property with signage as amended and discussed is made by Mr. Manzi, seconded by Mr. Lynch. • Vote 5-0,Unanimous. • A motion to request the Site Plan Review Special Permit held by the Planning Board be revoked is made by Mr. Capachietti, seconded by Mr. Lynch. • Vote 5-0,Unanimous. Documents 03-08-2023 Meeting Materials General/New/Old Business Public Hearing Small Project-Review and Adjustment of Application Fee • The Administrator states the Small Project application fee is currently set at$25.00. Small Projects require a minimum of three site visits as well as direction by Staff. • Mr. Manzi states the Small Project permit was established over 10-yrs ago. • Mr. Capachietti suggests allowing administrative approval on certain small projects pending approval at the meeting. • The Administrator provides examples of projects she feels could be eligible for administrative approval. • The Commission discusses how to proceed and agree to have the Administrator submit a proposal for a new fee structure as well as a proposal for refining the small project requirements to allow for administrative approval of certain projects. • A motion to close the public hearing,with no action taken on the Small Project fees at this time is made by Mr. Lynch, seconded by Mr. Manzi. • Vote 5-0,Unanimous. Documents Small Project Application, Small Projects Procedures Adjournment • A motion to adjourn at 9:11 p.m. is made by Mr. Manzi, seconded by Mr. Lynch. • Vote 5-0,Unanimous. 2023-04-26 Conservation Commission Minutes