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HomeMy WebLinkAbout2023-06-28 Conservation Commission Minutes Page 1 of 6 Approved 0712612023 North Andover Conservation Commission Meeting Minutes June 28,2023 Members Present: Sean F. McDonough, Louis A.Napoli, Chairman,Albert P. Manzi, Jr., Vice Chairman and Ryan D. Hale Members Absent: Anthony Capachietti, Joseph W. Lynch and John T. Mabon Staff Members Present: Amy Maxner, Conservation Administrator and Justine Fox, Field Inspector Meeting came to Order at. 7:07 p.m. Quorum Present. Pledge of Allegiance Acceptance of Minutes • The minutes for June 14, 2023 are not ready for approval. • A motion to accept the minutes of May 10, 2023 as drafted is made by Mr. Manzi, seconded by Mr. McDonough. • Vote 4-0,Unanimous. Certificate of Compliance 242-1745,350 Winthrop Avenue(DSM Realty,Inc.) • The Administrator provides background information on the OOC issued in August 2019. The Order was modified a couple times for items involving culvert replacement time of year and to formally approve snow stockpiling areas. Metal sheeting was used at the terminal end of the new channel to maintain dry working conditions. When the new channel was ready to be put on line, it was decided to saw off the metal sheeting at grade vs. destabilizing the adjacent areas by removing the sheets. Chain link fencing, snow signage and boulders are in place per the snow management requirement and wetland markers have been installed. Minor deviations to the plan include rip-rap installed at the old 48-inch CMP which was Administratively approved to ensure a stable area. The bottom elevations of the bioretention area and grassed channels are different from approved plans,but both appear to be functioning properly. • Peter Ellison, TEC is present on behalf of the Applicant. • A motion to issue a full and final Certificate of Compliance is made by Mr. Manzi, seconded by Mr. McDonough. • Vote 4-0,Unanimous. Documents Wetland Marker Photos, 0 Request for Certificate of Compliance DEP 242-1745 20230615, 350 Winthrop APPROVED PLAN Color Graphic, 350 Winthrop_Culvert Replacement APPROVED Plans, 2021- 04-29 Approved Snow Stockpile Plan STAMPED Certificate of Compliance 242-1174,Waverly Road,Lot 4 & 242-1175,Waverly Road,Lot 5 (Waverly Oaks Condo Assoc) • The Administrator provides background information on the Orders. The work for both Orders was never undertaken and was later governed and completed under DEP#242-1313. • A motion to issue Certificates of Compliance for work never undertaken is made by Mr. Manzi, seconded by Mr. McDonough. • Vote 4-0,Unanimous. Documents 242-1174; 800149 Documents 242-1175; 800150 2023-06-28 Conservation Commission Minutes Page 2 of 6 Approved 0712612023 Certificate of Compliance 242-1313, 509 Waverly Road, Waverly Oak Condo(Waverly Oaks Condo Assoc) • The Administrator states the Applicant has requested a continuance. • A motion to continue to July 26,2023 is made by Mr. Manzi, seconded by Mr. McDonough. • Vote 4-0,Unanimous. Documents Email from merren (z),aol.com requesting a continuance until 7126123 Modification 242-634, 85 Colonial Avenue(Castaldo) • The Administrator states the Applicant has requested to withdraw the Modification request. • A motion to accept the withdrawal is made by Mr. McDonough, seconded by Mr. Manzi. • Vote 4-0, Unanimous. Documents 04-26-23 Meeting Materials, Withdrawal of Mod-Waiver Req.EMail- 85 Colonial Ave., North Andover,MA Modification 242-1839, 1160 & 1116 Great Pond Road(Brooks School) • The Administrator provides background information on the Order issued in June 2022. Due to the acquisition of 400 Great Pond Road by the Town of North Andover lake levels are being kept at a higher level. The Applicant is requesting a Modification to extend the crushed stone surface within the traffic and maneuvering footprint at the boat launch location that is experiencing inundation from the higher lake levels. This is a temporary solution to decrease erosion issues. It is her understanding that the Town Manager and DPW Director intend to have a consultant look at long tenn scenarios for lake management and how it impacts properties along the shoreline. • Anthony Cleaves,Haley Ward states this is a short term solution to stabilize the sod until it's better known what the longer term lake levels will be. They propose to use crushed stone to prevent erosion and allow rain water back into the ground. • The Administrator recommends approving the Modification as proposed with a report on how the area holds up to seasonal use. • Mr. Manzi requests that a third party be hired to monitor the water quality. Monitoring requirements may differ depending on the traffic. • Mr. Cleaves states he was hired by the Applicant as the site monitor for the life of the project. He currently visits the site once per week. • A motion to approve the Modification as proposed and discussed is made by Mr. McDonough, seconded by Mr. Manzi. • Vote 4-0,Unanimous. Documents 230621_Brooks School Boathouse -SKL01, Boat Launch Area May Pictures, Brooks School Boat Launch - Modification Checklist, Brooks School Boathouse Launch Modification Request Notice of Intent(NOI) 242-1858, 189 Willow Street(Grasso) • The Administrator states the property has gone through several alterations over the years. The site consists of BVW which surrounds the upland and an interior IVW which is over 5,000-sq. ft.Past permits allowed for culvert installation and utility stubbing, no construction of the proposed buildings occurred. The current proposal consists of a 7,700-sq. ft. office building with associated parking,utilities and stormwater appurtenances. Work is completely within the Buffer Zone to the BVW and proposes to fill some BLSF. The project also proposes to fill 4,700-sq. ft. of the interior IVW,resulting in 1,197-sq. ft. of replicated IVW with a total of 1,623-sq. ft. of IVW to remain. A site visit was conducted with the wetland consultant and the delineation found to be accurate. The site has extremely high groundwater and invasive plants are prevalent in 2023-06-28 Conservation Commission Minutes Page 3 of 6 Approved 0712612023 the IVW with the BVW relatively uninvaded. An application with the Planning Board was submitted but is on hold until input from the NACC has been heard. • Mr. Hale states the project is not approvable as proposed and expresses concerns with the alternatives analysis. He believes the IVW replication is lacking and expresses concerns that no groundwater recharge has been proposed. He notes that even if the IVW was not present,the 25-foot NDZ and 50-foot NBZ to the BVW are not even being respected. • Mr. Manzi expresses concerns with the proposal which is located entirely within the 50-foot NBZ and 25-foot NDZ. He questions how long ago the property was purchased and whether proper due diligence was conducted prior to acquiring the property. • Vincent Grasso the Applicant, 30 Faulkner Road states the property was purchased 6-months ago. • Mr.Napoli expresses his concern with the proposal to fill approximately 5,000-sq. ft. of the IVW with 1,100- sq. ft. of replicated IVW proposed. He questions if test pits were conducted due to the high water table. • Eric Lane, Hayes Engineering states no soil testing was performed. • Mr. McDonough does not believe a structure of that size would be approvable on that parcel. • Sergio Bonilla,Mission Wetland& Ecological Services states they are trying to overcome the presumption of significance of the IVW under the bylaw. The interior of the IVW was not visible as it is strangled with invasive plants. They are open to adjusting the mitigation portion of the project and possibly incorporating some BVW mitigation. He states there is no wildlife habitat provision of the IVW since the water does not stay in it long enough, it does not meet ILSF criteria. They request additional time to come forward with more mitigative options to offset some of the encroachments. • Mr. Manzi states it is unlikely the Commission will waive the significance of the IVW. • Melinda Perone, 65 Meadowood Road expresses concerns with dumping of trash in the area and provides a status update of this year's clean up. • Mr. Lane states due to mail delivery issues the Applicant is requesting to install a mailbox and clear the overgrown existing concrete area as a parking area for the mailbox. • The Commission discusses the proposal and agrees the project is not approvable as proposed. They consider the mailbox request and agree this requires a waiver of the 25-foot NDZ which they are not in favor of granting. • Mr. Manzi suggests the Applicant file a formal complaint with the post office if mail is not being delivered or request that mail be forwarded to another operable mailing address. • A motion to continue to July 26,2023 is made by Mr. McDonough, seconded by Mr. Manzi. • Vote 4-0,Unanimous. Documents ConCom Presentation, NOI-Application and Narrative- 189 Willow St, NO[Site Plan - 189 Willow St Notice of Intent(NOI) 242-1869, 674 Turnpike Street(Yamin) • The Administrator states the Applicant has requested a continuance. • A motion to continue to July 26,2023 is made by Mr. McDonough, seconded by Mr. Manzi. • Vote 4-0,Unanimous. Documents Email from movamin awahoo.com requesting a continuance until 7126123 Notice of Intent(NOI) 242-1870, 175 Olympic Lane(Riedl) • The Administrator states the proposal is to raze the rear deck and stairs and construct a new deck, stairs and addition with a side paved apron at the rear of the dwelling. The addition will house a garage below and additional living space above. Work is within the 100-foot Buffer Zone to BVW and 200-foot Riverfront Area to Boston Brook. The delineation was reviewed and found to be accurate. The addition will be 50.4-ft. and the deck 50.8-ft. from the BVW at their closest points.No waivers have been requested. Portions of the new deck and addition are just within the first 100-foot of the Riverfront Area. The addition is approximately 2-ft. (32- 2023-06-28 Conservation Commission Minutes Page 4 of 6 Approved 0712612023 sq. ft.) closer to the Riverfront Area.Per the consultant the new deck is exempt from the Riverfront Regulations as it is greater than 50-ft. from the closest resource area and is proposed completely within the existing lawn area. Riverfront Area calculations were provided,the project complies with the Riverfront 10% disturbance threshold. Planting mitigation in the form of 12 Highbush blueberry bushes is proposed along the edge of the lawn. • Mr. Hale states that this proposal meets the Riverfront performance standards and is in favor of the mitigation plantings and requests wetland markers be placed in front of the blueberry bushes. • Thor Akerley,Williams & Sparages explains the alternative to the proposal would bring the structure closer to the Riverfront and Resource Areas.Per the contractor the area between the deck and the fence is a suitable area for the stockpile location. • Mr. McDonough expresses concerns with the proximity of the addition to the Resource Areas; he recommends staking in 50-foot NBZ. He questions if an alternatives analysis is required for the 2-foot encroachment into the Riverfront Area. • The Administrator states the Bylaw defers to the WPA Regulations. She reviews the Riverfront calculations with the NACC. DEP recommends an on-going condition in the OOC that the mitigation area be protected in perpetuity. A DEP file number has not yet been issued. • The Commission discusses the mitigation proposed and agrees it is adequate compensation for the 2-feet(32 sq. ft.) of encroachment into the Riverfront Area. • No abutters are present. • A motion to continue to July 26,2023 is made by Mr. McDonough, seconded by Mr. Manzi. • Vote 4-0,Unanimous. Documents 175 Olympic Pies, Notice oflntent- 175 Olympic Lane, Plan to Accompany Notice oflntent- 175 Olympic Lane Enforcement OrderNiolation 47 Bonny Lane(Kong/Zhao) & 59 Bonny Lane(Marczac) • Thor Akerley,Williams & Sparages states existing conditions plans have been prepared. They are currently working to resolve a property line issue at 47 Bonny Lane and 35 Bonny Lane. Restoration work may be required on 35 Bonny Lane as tree cutting likely occurred when tree work was performed at 47 Bonny Lane. They received the appraisal from the arborist for 47 Bonny,the appraisal for 59 Bonny Lane is still being finalized and should be ready later this week. A restoration plan should be ready for review at the next meeting. • Limin Kong,47 Bonny Lane and Matthew Marczac, 59 Bonny Lane are present. • Mr. Manzi& Mr.Napoli acknowledge the email received by the Town from Ms. Kong. • Mr.Napoli expresses concerns with the open violation(dock) at 59 Bonny Lane. • Mr. Marczac questions if the NACC has a response to the email he sent to the Administrator. The email outlines the benefits of having a dock. He is in favor of protecting the water quality and character of the lake. He states he is happy to accept whatever measure the NACC deems acceptable. He believes that if docks are to be removed the boat landing should not be used either. • The NACC discusses the dock violation at 59 Bonny Lane and agrees the property must be free and clear of violations and fines before an NOI application will be considered/heard. • Mr.Napoli states a letter regarding wetlands and watershed resource areas was mailed out to the residents of Bonny Lane on behalf of the Conservation and Planning Departments. • The Administrator explains to the homeowner that assistance from Williams& Sparages is required to file a Notice of Intent for the dock. She confirms with the Commission that it is okay to sign off on a building permit for interior renovations and exterior rear deck at 47 Bonny Lane; that work is 150-ft. from the Resource Area. • A motion to continue to July 26, 2023 is made by Mr. Manzi, seconded by Mr. McDonough. • Vote 4-0,Unanimous. 47 Bonny Lane Documents; 2023-06-28 Conservation Commission Minutes Page 5 of 6 Approved 0712612023 05-10-2023 Meeting Materials, 06-14-2023 Meeting Materials, L. Kong Entail-Apology letter-47 Bonny Lane, Limin Kong 59 Bonny Lane Documents; 05-10-2023 Meeting Materials, 06-14-2023 Meeting Materials, M. Marczak Entail- 59 Bonny Ln-Existing Dock Proclamation Enforcement Order/Violation 196 Marbleridge Road (Kowalski) • The Administrator provides background on the Enforcement Order. Per the homeowner the wetland has been delineated and a restoration plan is being finalized. Written confirmation from the wetland consultant has not been received. The restoration plan must be submitted no later than July 14, 2023. • No action is required at this time. Documents 05-10-2023 Meeting Materials, 05-24-2023 Meeting Materials,196 Marbleridge Road-Amended Enforcement Order 05 24 23, EMail-Amended Enforcement Order for 196 Marbleridge Road Enforcement Order/Violation 863 Winter Street(DeCamargo) • The Administrator provides background on the Enforcement Order. The homeowner has engaged the services of Norse Environmental. A restoration plan has not been prepared;the consultant has requested an extension to the July 26th meeting. • A motion to amend the Enforcement Order to grant the extension is made by Mr. Manzi, seconded by Mr. McDonough. • Vote 4-0,Unanimous. Documents 05-24-2023 Meeting Materials, 863 Winter Street-Enforcement Order 05 24 23, M. Herald Extension Request EMail-863 Winter Street- Wetland Violation Enforcement Order/Violation 242-628, 64 Meadowood Road(Mohammed/Eltigani) • The Administrator provides background on the Enforcement Order issued at the May 24,2023 meeting. A memo was received on June 23,2023 from Atty. Brian Vaughan, Smolak&Vaughan regarding the EO. • Atty. Brian Vaughan, Smolak&Vaughan states there is no other feasible location for the stairs or alternative modification to bring the rear porch into compliance. Due to the unique circumstances,he believes retaining the rear porch and stairs in its existing location is the best alternative. He provides background history on the original construction of the deck in 1993 and the building permit issued in 2001 for its enclosure which was approved by the then acting Conservation Administrator. The violation was not created or caused by the current homeowner. He suggests providing some kind of mitigation if the porch and stairs remain. • Mr. Manzi states it is possible a waiver was granted for the deck enclosure by the Conservation Administrator in 2001. • Melinda Perone, 65 Meadowood Road states she is in favor of allowing the deck to remain. • Elmutaz Mohammed, the homeowner, states he understands the importance of the wetlands and is willing to provide wetland enhancements. All other alternatives have been considered and it is believed that leaving the stairs and deck in its existing location would be the best option from safety and access perspectives. • Atty. Vaughan states although the homeowner knew about the open Order prior to purchasing the home he did not fully understand the violation until the as-built plan was completed after the home was purchased. The chain of deeds for this property does not specifically reference the Order of Conditions. • The Commission discusses the violation and agrees additional time is required to review the memo and previous meeting minutes and information. • A motion to continue to July 26, 2023 is made by Mr. McDonough, seconded by Mr. Manzi. • Vote 4-0,Unanimous. 2023-06-28 Conservation Commission Minutes Page 6 of 6 Approved 0712612023 Documents 05-24-2023 Meeting Materials, 64 Meadowood Road-Enforcement Order 05 24 23, Memo to NA CC(64 Meadowood) General/New/Old Business 242-1865, 1845 Turnpike Street(Young/He) • The Administrator provides background on the Order issued in April 2023. The current homeowner has decided not to move forward with the project and has removed the shed and pad from the 25-foot NDZ. • No action is required. General/New/Old Business Election of Conservation Commission Officers • A motion to nominate Mr.Napoli as Chairman is made by Mr. Manzi, seconded by Mr. McDonough. • Vote 3-0-1, (In Favor: McDonough,Manzi and Hale,Abstained: Napoli). • A motion to nominate Mr. Manzi as Vice Chairman is made by Mr.Napoli, seconded by Mr. Hale. • Vote 3-0-1 (In Favor: McDonough,Napoli and Hale,Abstained: Manzi). Decision 242-1868,25 Gilman Lane(Lunger) • The Administrator reviews the drafted Order of Conditions. • The Performance Bond will be set in the amount of$3,000. All construction dewatering measures are required to be installed for the pre-construction meeting. If the pool cannot be set properly due to the water table the Applicant shall reappear before the NACC for a Modification to the Order of Conditions. • A motion to adopt the Order of Conditions as drafted and amended is made by Mr. Manzi, seconded by Mr. McDonough. • Vote 4-0,Unanimous. Decision 242-1807, 108 Rosemont Drive(Shetty) • The Administrator reviews the drafted Amended Order of Conditions. • A motion to adopt the Amended Order of Conditions as drafted is made by Mr. Manzi, seconded by Mr. Hale. • Vote 4-0,Unanimous. Adjournment • A motion to adjourn at 8:41 p.m. is made by Mr. Manzi, seconded by Mr. McDonough. • Vote 4-0,Unanimous. 2023-06-28 Conservation Commission Minutes