Loading...
HomeMy WebLinkAbout2023-06-14 Conservation Commission Minutes Page 1 of 7 Approved 0712612023 North Andover Conservation Commission Meeting Minutes June 14,2023 Members Present: Anthony Capachietti, Louis A.Napoli,Chairman,Albert P. Manzi, Jr.,Vice Chairman and John T. Mabon Members Absent: Sean F. McDonough, Joseph W. Lynch and Ryan D. Hale Staff Members Present: Amy Maxner, Conservation Administrator and Justine Fox, Field Inspector Meeting came to Order at: 7:00 p.m. Quorum Present. Pledge of Allegiance Acceptance of Minutes • The minutes for April 10,2023 and May 10,2023 have not been reviewed. • A motion to accept the minutes of March 22,2023, April 12, 2023, April 26, 2023 and May 24, 2023 as drafted is made by Mr. Manzi, seconded by Mr. Mabon. • Vote 4-0,Unanimous. Small Project NACC#308, 12 Millpond(Millpond Townhomes) • The Administrator provides background on a previous DOA issued in 2018. The proposed work includes relocating the utility box along the side of the unit. Work will be located partially within the Riverfront Area to Cochichewick Brook and the 100-foot Buffer Zone. The proposed trench will hug the gravel patio, all grades,landscaping and patio will return to their existing conditions. Erosion controls are proposed to envelop the work. She recommends issuing a Small Project"L"requiring pre and post construction inspections and excess soils to be removed from site or used outside of the 100-foot Buffer Zone. • Mr. Mabon questions the drainage discharge between the 50-foot NBZ and 100-foot Buffer Zone. • The Administrator states the drainage feature is from a previous project and includes a rip rap velocity reducer; no negative impacts have been observed. • Thomas Schomburg, Civil Design Consultants is present on behalf of the Applicant. • A motion to accept this as a Small Project"L"is made by Mr. Manzi, seconded by Mr. Capachietti. • Vote 4-0,Unanimous. • A motion to approve the Small Project as proposed and recommended is made by Mr. Manzi, seconded by Mr. Mabon. • Vote 4-0,Unanimous Documents 15-9901 Unit 12 Electric Box Relocation-C-1, L 051823 NACC- Unit 12 SPA, Small Project Application Modification 242-634, 85 Colonial Avenue (Castaldo) • The Administrator states a continuance to the June 28, 2023 meeting is required due to lack of a quorum. Documents Email from aeastaldo�i),phillips-an�ley.com requesting a continuance until 6128123 Request for Determination of Applicability 1174 Turnpike Street(Kandjanga) • The Administrator states the proposal is for a house gas line connection. Based on staff measurements,work is 65-feet from the BVW located on the subject property, 20-feet from the BVW located on the opposite side of Turnpike Street and within the outer riparian zone of Boston Brook. Approximately 180-ft of linear line will be installed via open trench method. Erosion controls are proposed,no soils will be stockpiled overnight 2023-06-14 Conservation Commission Minutes Page 2 of 7 Approved 0712612023 within Buffer Zones and no work will be performed during rain events. If dewatering is required water will be pumped to a dewatering pit. No equipment will be stored or refueled within 100-ft of a Resource Area. • Mr. Mabon confirms the work will be conducted by Eversource. • Fabrice Kandjanga,the homeowner, is present. • No abutters are present. • A motion to close the hearing and issue Negative Determination#3 with conditions as recommended is made by Mr. Manzi, seconded by Mr. Mahon. • Vote 4-0,Unanimous. Documents RDA Application with Supporting Materials 05 25 23 Request for Determination of Applicability 10 Johnson Street(Donovan) • The Administrator states the proposal is to demolish the front porch and reconstruct it in the same footprint. The existing foundation is in good shape and shall remain untouched. She describes the Resource Area which consists of an Intermittent Stream. Based on the Administrators measurements,work is 46-feet from the Bank of Stream.No previous permits have been issued by the NACC for this property.Additional work includes new exterior trim, siding, and installation,repair of existing porch brackets and the addition of 5-inch gutter and 3-inch downspout to discharge on the right side of the property. She recommends issuing a Negative Determination#3 with conditions requiring pre and post construction inspections, erosion controls and splash pad for gutter discharge. • Mr. Mabon expresses concerns with the proximity of the work to the Resource Area. He requests that all demolition materials be stored in a dumpster and not stockpiled onsite. The dumpster location shall be determined by the Administrator at the pre construction meeting. • Michael Donovan,the homeowner and Applicant, states Center Realty has agreed to allow access to the rear of the property. • Mr. Capachietti confirms the Applicant has applied with the Historical Commission. • Mr. Mabon states that if the existing foundation is deemed unsuitable the Applicant will be required to come back before the NACC. • Mr. Donovan states they are proposing to replace the posts,railings and the upper porch, the lower decking will not be touched. • No abutters are present. • A motion to close the hearing and issue Negative Determination#3 with conditions as recommended and discussed is made by Mr. Capachietti, seconded by Mr. Mabon. • Vote 4-0,Unanimous. Documents 10 Johnson Street-RDA-Compiled, 20230418 080111, 20230418_080117, 20230418 080138 Amendment 242-1807, 108 Rosemont Drive(Shetty) • The Administrator provides background on the OOC issued in May of 2021 for a sunroom addition. The Applicant is seeking to amend the OOC to extend the addition since the new addition is smaller than expected. The new addition will be 88-ft from the Resource Area within the existing lawn and will go over the existing retaining wall. The new addition will be supported by helical piles and posts which will require 9- sq. ft. of ground disturbance. Crushed stone will be placed under the new structure and lattice used to enclose the bottom. • Patrick Seekamp, Seekamp Environmental states a small closet is proposed outside under the addition for storage. The wetland line has been refreshed,no changes. The original erosion controls are still in place and will be amended to encompass the new activity. Gutters and downspouts will be discharged to an infiltration trench. • No abutters are present. 2023-06-14 Conservation Commission Minutes Page 3 of 7 Approved 0712612023 • A motion to close and issue in 21 days is made by Mr. Manzi, seconded by Mr. Capachietti. • Vote 4-0, Unanimous. Documents OOC Amendment Request 20067(signed) Notice of Intent(NOI) 242-1858, 189 Willow Street(Grasso) • The Administrator states a continuance to the June 28,2023 meeting is required due to lack of a quorum. Documents Email from ELane a)hayeseng com requesting a continuance until 6128123 Notice of Intent(NOI) 242-1868,25 Gillman Lane(Lunger) • The Administrator provides background on the proposal heard at the previous meeting. The pool has been shifted further away from the leaching field and the pump (2-hp) is now 60-ft from the leaching field. Per 1980's test pit data seasonal high water table was at 5-ft with water observed at 7-ft.No waivers are required. Construction phase dewatering is proposed partially within the 50-foot NBZ. • Maureen Herald,Norse Environmental confirms that based on test pit data the base of the pool will be within the water table. • Mr. Mabon states the NACC requires a non-backwash filtration system. • Mr. Capachietti suggests the homeowner consider a one-way flow valve to prevent pressure on the bottom of the pool. • Nick Lunger,the homeowner and Applicant is present. • No abutters are present. • A motion to close and issue in 21 days is made by Mr. Capachietti, seconded by Mr. Manzi. • Vote 4-0,Unanimous. Documents 05-24-2023 Meeting Materials, 25 Gilman Proposed In-Ground Pool 5-30-23-2, Revised Dewatering Detail Sheet, Revised Plan letter 6-12-23, Soil Profile &Percolation Test Data -Lot 26 Notice of Intent(NOI) 242-1859, 0 Turnpike Street(Middleton Farms,LLC) • Chris Sparages,Williams& Sparages states third party peer review with TEC is underway. Concerns of the Enforcement Order have been addressed via a temporary siltation basin and check dams. An EPA Notice of Intent was filed in January 2023,the property is being inspected weekly under a SWPPP. Responses to TEC's peer review stormwater and zoning comments were sent on May 19th. TEC is currently reviewing responses from Williams and Sparages. An update was provided to the Planning Board at the last meeting regarding revisions from third party peer review. The project is currently under review by the Middleton Zoning Board and Middleton Conservation Commission. TEC was also secured by the Town of Middleton to conduct third party peer review on their behalf. He explains that Zone A is not depicted accurately on MassGIS; this has been confirmed by Senior Hydrogeologist,Bruce Buck of MassDEP. • Mr.Napoli questions if documentation of the fill material has been provided. • Mr. Sparages states testimony and email documentation was provided. He questions if certification is required since the fill material was used outside of the NACC's jurisdiction.The owner has installed"no fill" signage throughout the site. • Mr. Manzi states that compliance in advance of the OOC would be appreciated. • The Commission agrees a soil sample analysis must be performed and results provided to the NACC. • No abutters are present. • A motion to continue to July 26, 2023 is made by Mr. Manzi, seconded by Mr. Mabon. • Vote 4-0,Unanimous. Documents 2023-06-14 Conservation Commission Minutes Page 4 of 7 Approved 0712612023 01-11-2023 Meeting Materials, Response to peer review STORMWATER_R1, Response to peer review ZONING_RI, SPnmain#336_RI(NOT STAMPED& SIGNED), SPmnain#336 RI(STAMPED&SIGNED), Stormwater Report-336 North Main Street RI Notice of Intent(NOI) 242-1869, 674 Turnpike Street(Yamin) • Seth Lajoie, Seth L. Lajoie and Associates presents the proposal for a septic upgrade for an existing three bedroom home. All proposed work is in the front of the property within the current lawn area. A dewatering area and stockpile location are shown on the plan outside of the 25-foot NDZ. Construction access is along Rt. 114(aka Turnpike Street). • Mr.Napoli questions if septic design has been approved by the BOH as the NACC will not issue an OOC until it has been approved by the Board of Health. • Mr. Lajoie states no comments have been received from the BOH as of yet. The two existing cesspools are proposed to be left in place due to the proximity to the wetland. • Mr. Mabon expresses concerns with the construction access and the proximity to the 25-foot NDZ. • The Administrator states there is an expired OOC for the same work that was never undertaken. She questions if this must be closed out before a new Order is issued. • Mr.Napoli expresses concerns with the coop and concrete pad located within the 25-foot NDZ. • Mr. Lajoie states the structures were present before the current homeowner bought the property. • Mohammed Yamin, the homeowner, states the property was purchased in 2011. The concrete slab was present when the home was purchased. The shed was permitted shortly after using the existing slab as a pad. He states that he installed the coop and has birds housed in it. • The Commission agrees the BOH approval must be issued and the expired OOC must be closed out and site be brought into compliance before a permit can be issued. They direct the Administrator to research whether the structures were permitted. • Mr. Capachietti requests that the NOI plan be stamped by a Professional Engineer. • A motion to continue to June 28, 2023 is made by Mr. Manzi, seconded by Mr. Mabon. • Vote 4-0,Unanimous. Documents 674 Turnpike Street Full NOI, 1054-YAMIN--674 TURNPIKE STREET-NOR TH ANDO VER-SDS-RE VISED 5- 31-23 SDS Enforcement OrderNiolation 242-575,366 Candlestick Road(Templeton) • The Administrator provides background on the Enforcement Order issued last fall. The planting deadline of May 31, 2023 has been complied with and wetland markers installed. A site visit was conducted today and in early May,the plants looked better at the previous visit. She provides a detailed report of the health of the plantings. A wood frog in the upland area and tadpoles were observed in the pool behind the house during the site visit. She recommends the wetland markers be moved up toward the top of the slope. Per the EO monitoring is required for four full growing seasons,with annual reports to be submitted by the wetland consultant. Dead or dying plantings must be replaced within the 4-years. Due to the current health of the plantings a new group of planting will be required. • Mr. Manzi expresses concerns with some of the approved plantings. • The Administrator states the plantings were part of the approved planting plan reviewed by the NACC. She recommends trying a different set of species if survivorship isn't achieved. The length of the survivorship is due to the fact that the plantings consist of all trees. • The Commission directs the Administrator to work with the wetland consultant to come up with a better set of species and follow up with the homeowners regarding special care. • Mr. Capachietti recommends the homeowner consider using tree watering bags to help with survivorship. • No action is required at this time. Documents 2023-06-14 Conservation Commission Minutes Page 5 of 7 Approved 0712612023 06-22-2022 Meeting Materials, 07-13-2022 Meeting Materials, 09-14-2022 Meeting Materials,Amended EO 366 Candlestick Road 0914 22, Buf er Zone Restoration Plan Enforcement OrderNiolation 450 Marbleridge Road(Hung) • The Administrator provides background on the Enforcement Order issued last fall. Imported fill was removed as required in the EO. A site visit was conducted today, all of the plantings are in good health. She reports that the seed mix is taking well,however there are some bare spots that require additional seeding. Wetland markers have not been installed; she would like to coordinate the final post locations with the homeowner. Per the EO monitoring is required for two full growing seasons, with overall survival of 75% for 2-years post install. Dead or dying plants must be installed within the 2-year time frame. • No action is required at this time. Documents 05-25-2022 Meeting Materials, 06-22-2022 Meeting Materials, 07-13-2022 Meeting Materials,09-28-2022 Meeting Materials, 450 Marbleridge Road 4th Amended EO 09 28 22, Norse Restoration Plan 9-28-22 Enforcement OrderNiolation 350 Sharpners Pond Road(Perdomo) • The Administrator provides background on the Enforcement Order issued last fall.A restoration and planting plan was provided for review by the NACC. • Chris Sparages,Williams& Sparages states the planting plan consists of(4)black chokeberry and(4) American hazelnut shrubs. The homeowner is ready to move the shed as soon as the plans are approved. • The Administrator recommends the NACC consider amending the EO deadlines for moving the shed and installing the plantings. She suggests moving the shed now and waiting until September to install the plantings. A building permit for the shed is required if one has not already been obtained. • The Commission reviews the restoration and replanting plan and agrees the shed must be moved by July 26, 2023 with plantings to be installed no later than September 13,2023. The consultant is instructed to contact the Administrator if the deadlines cannot be met. • A motion to amend the Enforcement Order is made by Mr. Manzi, seconded by Mr. Mabon. • Vote 4-0,Unanimous. Documents 11-16-2022 Meeting Materials, #350 Sharpners Pond Road-Shed Location, 350 Sharpners Pond Road Letter; Enforcement Order 350 Sharpners Pond 11 16 22 Enforcement OrderlViolation 241 Massachusetts Avenue(Ryti) • The Administrator states a site visit was conducted aside from a few metal scraps; all of the demolition material has been removed. Erosion controls have been installed around the perimeter of disturbed area. The site is stable and all work has ceased. At the last meeting the homeowner confirmed that the Morin-Cameron Group has been engaged to prepare the NOI. • The Commission discusses the Enforcement Order and agrees that an NOI must be submitted by July 13, 2023 to be placed on the July 26, 2023 Conservation Commission agenda. All work is to continue to cease and desist, no stockpiling will be permitted and erosion controls must be maintained. • A motion to amend the Enforcement Order is made by Mr. Manzi, seconded by Mr. Mahon. • Vote 4-0,Unanimous. Documents 05-10-2023 Meeting Materials, 05-24-2023 Meeting Materials, 241 Massachusetts Avenue-Amended EO 05 2423 Enforcement OrderNiolation 47 Bonny Lane(Kong/Zhao) & 59 Bonny Lane(Marczac) 2023-06-14 Conservation Commission Minutes Page 6 of 7 Approved 0712612023 • The Administrator states existing condition surveys are just about finished. Howard Gaffin, a certified arborist has been engaged to perform the tree appraisals. Mr. Gaffin comes highly recommended from other tree companies the Administrator has worked with. She believes input from the arborist is an important part of the restoration plan. The Planning Board has requested that the Conservation Commission withhold its final approval of any plans until the Board can review and provide input at their July 11, 2023 meeting. • Limin Kong,47 Bonny Lane and Matthew Marczac, 59 Bonny Lane are present. • Chris Sparages,Williams& Sparages states the Planning Board has requested an after-the-fact Watershed Special Permit for the activity. Erosion controls and survey work has been completed; additional title research is required to ensure both lots are shown in the proper configurations. The restoration plan will be collaborated on by Williams Sparages and Gaffin Tree for review by the Conservation Commission and Planning Board. • Mr.Napoli expresses concerns with the dock at 59 Bonny Lane which is an open violation. • Mr. Marczac states the dock was present when the home was purchased last fall. He requests the Commission consider allowing the dock to be left in place, as it is a temporary structure. He attests that most of the lake properties have docks including Brooks School. He argues that the dock prevents contact with the water when accessing his kayak. The previous homeowner removed the dock in the fall and reinstalled it in the spring. • The Administrator states the dock at Brooks School is properly permitted and holds a Chapter 91 license. • The Commission explains that the dock is currently a violation of the WPA and Town Bylaw. They explain the permitting process for the dock and that it will require a waiver of the 25-foot NDZ, which are difficult to come by. • Mr. Capachietti cautions the homeowner that Chapter 91 will bring up public use requiring some sort of public benefit. • Mr. Marczac requests relief from removing the dock while he files an application. He believes that the homeowners abutting the lake would be more mindful and respectful to the lake than non-residents (i.e., Brooks students). • Mr. Mabon states that the docks are a large issue that needs to be resolved. • The Commission agrees that permitting of the dock cannot move forward with an open violation. They agree that the restoration work will be done under an Enforcement Order. • Mr. Capachietti suggests removal of the dock be included as part of the Restoration Plan. • A motion to grant an extension to the June 28, 2023 meeting for the restoration deliverables is made by Mr. Capachietti, seconded by Mr. Mabon. • Vote 4-0,Unanimous. 47 Bonnv Lane Documents; 05-10-2023 Meeting Materials, 05-10-23 Enforcement Order- 47 Bonny Lane 59 Bonny Lane Documents; 05-10-2023 Meeting Materials, 59 Bonny Lane-Enforcement Order 0510 23 FINAL Enforcement Order/Violation 40 Flagship Drive-85 & 115 Flagship Drive,400 Willow Street(DWT Holdings,LLC) • The Administrator states stop work signs have been installed at the site. Fines are being assessed due to lack of compliance with the Enforcement Order,with no response from the violator. Due to conflicting schedules a meeting has not yet been scheduled with Town Counsel and the Planning Director to explore revoking the special permit. • Tony Frangiosa, Trustee, 85 Flagship Drive Condo Association states they met with the violator early on in the process however despite recent efforts they have not been able get a response from the violator. He questions what the next steps are to bring 85 Flagship into compliance. • The Administrator states the violator is currently under an Enforcement Order as the responsible party who caused the damage. The site (40 Flagship Drive)is currently stable, all work has ceased. The wetlands at 85 Flagship Drive were delineated by Norse Environmental. • The Commission explains that the violator never submitted the NOI required for the restoration of the wetland. After due discussion they agree an Enforcement Order can be issued to the tenants at 85 Flagship 2023-06-14 Conservation Commission Minutes Page 7 of 7 Approved 0712612023 Drive to allow restoration of the wetland by a qualified individual. They direct the Administrator to provide a list of qualified wetland scientists to Mr.Frangiosa. Restoration of the wetland at 85 Flagship Drive will not allow the violator to proceed on 40 Flagship, a NOI is still required. Any activity at 40 Flagship Drive should be reported to the NACC to prevent further damage. • Mr.Frangiosa states they will try to reach out to the other impacted parties. He states he is unaware of the extent of damage and what the restoration requires but hopes to try and resolve the issue. He offers to report back to the NACC at a future meeting to let them know what has been accomplished. • No action is required at this time. Documents 03-08-2023 Meeting Materials, 05-24-2023 Meeting Materials,Amended Enforcement Order Fines-40 Flagship Drive 06 02 23 Adjournment • A motion to adjourn at 8:54 p.m. is made by Mr. Manzi, seconded by Mr. Mabon. • Vote 4-0,Unanimous. 2023-06-14 Conservation Commission Minutes