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HomeMy WebLinkAbout2024-02-28 Conservation Commission Minutes Page 1 of 7 Approved 0312712024 North Andover Conservation Commission Meeting Minutes February 28,2024 Members Present: Marissa Valentino, Bradley S. Mustain,Louis A.Napoli, Chairman, Albert P. Manzi, Jr., Vice Chairman and Joseph W. Lynch Members Absent: John T. Mabon and Sean F. McDonough 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 January 24, 2024 have not been reviewed. Certificate of Compliance 242-1739,Rea Street Subdivision(RDM Rea St LLC) • The Administrator provides background on the Order issued in December 2018. All required documents have been received and special conditions met. A second OOC was issued for the lots that were within jurisdiction; this Order has been closed out. • Robert Innis,the developer,is present. • The Commission discusses who will be responsible for carrying out the O&M Plan after street acceptance is complete. • Mr. Lynch states whatever the agreement is between the Planning Department and Town someone will be required to maintain all the facilities. The NACC required BMPs be in place to meet the stormwater standards; there is a document in place to maintain them. • A motion to issue a full and final Certificate of Compliance is made by Mr. Lynch, seconded by Mr. Manzi. • Vote 5-0,Unanimous. Documents 2021-10-19 Rea Street As Built Drainage Summary, 2022-03-31 Rea Street Stamped As Built Plan, 2024-02- 15 COC Request Rea Street with attachments, Beaver solutions 2023 Inspection Report, COC form 8 A, HOA Doc Recorded_17702-218,IMG_2490, IMG_2516, IMG_2517, IMG_2518, IMG_2519, IMG_2520, IMG_2521,IMG_2522,IMG_2523, IMG_2524, IMG_2525, IMG_2526, IMG_2527, IMG_2528, IMG_2529, IMG 2530,IMG 2531, REVISED POST CONSTRUCTION OPERATIONAND MAINTENANCE PLAN- REA STREET Small Project NACC#321, 138 Lacy Street(Todisco) • The Administrator states the project is for the construction of a new deck and footings. The new deck will be within the existing footprint of a previous deck that deteriorated and was removed. The proposed deck is 100- sf smaller than the previous deck. Gravel will be used to raise the grade underneath the deck to aid in drainage and encourage water to flow away from the foundation; no other grading is proposed. The new deck will be approximately 90-feet from the wetland at its closest point. • Mr. Philip Todisco, the Applicant states due to water issues the area underneath the deck will be brought up to the existing grade using compacted 3/4-inch gravel. Once footings are installed filter fabric will be added and topped with 3/4-inch stone.A window well will be installed around the window underneath the deck. • Mr. Lynch questions the location of the septic system. • Mr. Todisco states the septic is in the front yard. • A motion to accept this as a Small Project"A"&"L"is made by Mr. Manzi, seconded by Mr. McDonough. • Vote 5-0,Unanimous. 2024-02-28 Conservation Commission Minutes Page 2 of 7 Approved 0312712024 • A motion to approve the Small Project as proposed with conditions as recommended is made by Mr. Manzi, seconded by Mr. Lynch. • Vote 5-0, Unanimous. Documents 138 Lacy Pics, Proposed Deck, Aerial map wetland measurement 138 Lacy, Small Project Application with Supporting Materials 02 22 24 Modification 242-1856,35 Hawkins Lane(aka 9 Hawkins Lane) (Barr) • The Administrator provides background on the Order issued in February 2023. Construction is well underway;the foundation is installed and the contactors have encountered ledge at the west end of the foundation. A section of ledge was altered to accommodate one the roof infiltration systems however the location for the second infiltrator was more solid. The Applicant is seeking a Modification to eliminate the second infiltration system and replace it with two downspouts with scour protection at the rear of the house. • Mr. Lynch questions if it's possible to make the infiltration system double gallery instead of single gallery in the same location. • Andy Barr,the homeowner,believes they would get more recharge from downspouts discharging to the yard. He expresses concerns with water finding its way back to the house if they infiltrate into the bedrock. • The Commission discusses the size of the infiltration tanks and agrees it is okay to remove the second infiltration system due to ledge. • A motion to grant the Modification to remove the southernmost infiltrator allowing the first infiltration system to the north to remain made by Mr. Lynch, seconded by Mr. Manzi. • Vote 5-0,Unanimous. Documents 9 Hawkins Erosion Control Site Plan 11-16-23-revised 2-14-24, 9 Hawkins Lane letter Stormwater Modification 2-14-22, Application Checklist-Modification Request-2-14-24 Abbreviated Notice of Resource Area Delineation 242-1883, 1250 Osgood Street(Gandhi) • The Administrator states the Applicant is requesting the NACC confirm 280-1f. of BVW associated with an intermittent stream. A site walk was performed by staff and the wetland consultant; no changes to the flag line are required. The site contains lots of trash and broken bottles/glass. • Commissioners Lynch and Manzi question if the site was a recipient of any of the bad flow from 1210 Osgood Street. • The Administrator states this site and the wetland is upgradient of 1210 Osgood Street. • Stephen Stapinski, Merrimack Engineering Services is present. • A motion to close and issue in 21-days is made by Mr. Manzi, seconded by Mr. Lynch. • Vote 5-0,Unanimous. Documents Site Visit(2-28-2024) 1250 Osgood Street, 15155ANRAD01, ANRAD Application with Supporting Materials 02 08 24, Princeton 1210 Osgood ANRAD Plan Notice of Intent(NOI) 242-1878,30 Anne Road(Vidal) • The Administrator states the Applicant has requested a continuance. • A motion to continue to March 13, 2024,is made by Mr. Manzi, seconded by Mr. Mustain. • Vote 5-0,Unanimous. Documents Email from alek a)chongrisengineerin �com requesting a continuance until 0311312024 Notice of Intent(NOI) 242-1876,492 Sutton Street(Lawrence Airport) 2024-02-28 Conservation Commission Minutes Page 3 of 7 Approved 0312712024 • The Administrator states the Applicant has requested a continuance. • A motion to continue to March 27,2024,is made by Mr. Manzi, seconded by Mr. Mustain. • Vote 5-0, Unanimous. Documents Email from dom.zazzaro q),stantec.corn requesting a continuance until 0312712024 Notice of Intent(NOI) 242-1869, 674 Turnpike Street(Yamin) • This item was not discussed. Documents Email from moyamin�yahoo.cont requesting a continuance until 0311312024 Notice of Intent(NOI) 242-1882,350 Winthrop Avenue(DSM Realty,Inc) • The Administrator states additional information and a revised plan has been received. A taller fence is proposed on the south side of the property to help abate trash deposition in the wetland. A plan on how they propose to remedy the erosion at the twin 36-inch culverts at the rear of the property has been provided; all work is upland of the delineated wetland. The roof runoff at the rear of the building will be taken offline.No physical changes to the site were required by the Planning Board; sound testing has been required for 2-years post construction; depending on these results,physical abatement measures may be required. The Planning Board closed their hearing on February 20th and issued their approval. • Brian Dundon,RJO'Connell&Associates and Thomas Liddy, Lucas Environmental are present. • Mr. Dundon states the discussion with the Planning Board is focused around the southernmost loading dock facility for the future supermarket which is outside of the Buffer Zone. The changes established should eliminate the nighttime noise disturbance. • Mr. Mustain questions if a detail for the chain link fence was provided. • Mr. Dundon states the fence height is noted on the C4 plan in multiple locations; a shop detail for the 8-inch fence will be provided to the contractor. • A motion to close and issue in 21-days is made by Mr. Manzi, seconded by Mr. Lynch. • Vote 5-0,Unanimous. Documents 01-10-2024 Meeting Materials, 02-14-24 Meeting Materials, 2024-02-19-North Andover Mall Redevelopment Complete Set Notice of Intent(NOI) 242-1884,49 Court Street(Petrosino) • Mr.Napoli states the grades shown on the plan are not accurate. • The Administrator states the slope is different on the ground then what is shown on the NOI plan. • Mr. Lynch states an existing conditions plan should reflect conditions that existed prior to any alteration. Work should restore the limits to what was originally there prior to any fill being brought in;restoration work should meet the bylaw and create stability. • The Administrator states the NOI is a result of an EO for the unauthorized importation of fill, grading, and installation of a patio. The NOI is one of the corrective actions required by the NACC in the EO. Activities subject to after-the-fact permitting include the import of fill, grading to create a level backyard,patio construction, steel fence and arborvitaes installed at the top of the slope.Newly proposed activities include a driveway extension with associated grading, retaining wall, sections of privacy fencing,relocation of fence sections, 8x8 shed, stone patio seating area and drainage to capture roof runoff. A formal waiver request has been submitted. The Administrator notes there is a swing set and trampoline located within the 25-foot NDZ which need to be removed. The topography for the rear slope reflects fill material initially brought to the site, not the present conditions. 2024-02-28 Conservation Commission Minutes Page 4 of 7 Approved 0312712024 • Sergio Bonilla,Mission Wetland states the plan reflects what was done in the summer of 2022. There is no known data for the 25-foot NDZ and 50-foot NBZ prior to the importation of the fill. • James Fiorante,the homeowner's partner, states five(5) 15-yd truckloads of fill were brought in. • Mr. Lynch states the existing condition is a violation. • Mr.Fiorante states it was his understanding that the violation had been satisfied and the NOI was for future plans. He offers to provide old photos to show the original property grade. • The Administrator states the survey was done prior to the material being pulled out of the 25-foot NDZ. • Mr. Bonilla states the surveyor did not feel comfortable certifying the plan since he did not have existing grades from before the activity was conducted. He states the homeowner's partner has some spot elevations they can try and work from. Stormwater currently sheds to the southwest. • Mr. Mustain requests the current topography be added to the plan. • Mr.Napoli expresses concern water is being dispersed to the abutting properties due to the change in topography. He requests they add existing elevations to the plan and overlay proposed elevations. • Jay Mortenson,259 Osgood Street expresses concern with the removal of vegetation on the Applicant's side of the brook. He is now experiencing flooding within the lawn area and wildlife is no longer present. He believes that the brook has changed based on the runoff from different projects. • Mr. Manzi expresses concerns that much of the proposal is based on a waiver request. • John Weaver, 37 Court Street expresses concerns with how the project will impact his property. • Ms. Valentino questions where the tree line was prior to any work. • Mr. Fiorante states the stumps of the trees removed are shown on the plan. • Mr. Lynch questions if there were photos taken by the previous Field Inspection at the time of the tree removal request,if so, he would like to review them at the next meeting. • After due discussion the NACC agrees that an on the ground survey of the existing conditions and a separate plan with what is proposed is required;plan to be stamped by a certified surveyor. • A motion to continue to March 13,2024,is made by Mr. Manzi, seconded by Mr. Mustain. • Vote 5-0,Unanimous. Documents F-NOI Plan (2-5-24), NOI Application with Supporting Documents - 49 Court Street 02 07 24, Notice of Extension Form-49 Court Street 02 07 24 Enforcement Order/Violation 49 Court Street(Petrosino/Fiorante) • This item was not discussed. • No action is required at this time. Documents 01-10-2024 Meeting Materials, 01-24-2024 Meeting Materials, 02-14-2024 Meeting Materials, 07-13-2022 Meeting Materials, 08-10-2022 Meeting Materials, 09-14-2022 Meeting Materials,09-27-2023 Meeting Materials, 09-28-2022 Meeting Materials, 10-26-2022 Meeting Materials Enforcement OrderNiolation 242-1273, 113 Bridges Lane(Do Carmo) • The Administrator provides background information on the EO discussed at the previous meeting. A site inspection was performed and significant alteration of the Buffer Zone was discovered. The alteration consists of understory removal,unauthorized fill,installation of crushed stone and pea stone in the buffer zone and up to the very edge of wetland, and construction of a boardwalk and deck within the wetland. The Administrator notes there is an outbuilding that could accommodate a car that was constructed up against the wetland. She recommends the Commission issue an EO requiring a full existing condition plan and wetland delineation for the property to better understand what needs to be removed as well as restoration of impacted areas and what could be permitted under an after-the-fact NOI. The homeowner received written and verbal notification from staff that the property contained wetlands prior to these alterations. 2024-02-28 Conservation Commission Minutes Page 5 of 7 Approved 0312712024 • Claudinei Do Carmo,the homeowner, states no trees were removed from the backyard and water flows from the street behind him into his backyard. • The Administrator notes that that area in the backyard is a wetland and always has been. • The NACC discusses the violation and agrees to issue an amended Enforcement Order. The homeowner is to cease and desist, engage the services of a wetland scientist and registered licensed surveyor to delineate the wetland and prepare an existing conditions plan. A written removal and restoration plan detailing the means and methods for removing the violations from within the wetland,25-foot NDZ and 50-foot NBZ is required to be submitted to the NACC within 60-days.Fines to be assessed starting February 28, 2024 in the amount of $100 per day until the existing conditions plan and removal and restoration plan are submitted to the NACC. If these items are received by the deadline the NACC will consider rescinding the fines. • A motion to amend the Enforcement Order as discussed and recommended is made by Mr. Manzi, seconded by Mr. Lynch. • Vote 5-0, Unanimous. Documents 02-14-2024 Meeting Materials, 113 Bridges 02-27-24, Town of North Andover Mail- 113 Bridges Lane Conservation File Review Enforcement Order/Violation 1689 Salem Street(Shea) • The Administrator states the violation was discovered during a hazardous tree removal request. The violation consists of a shed and chain link fence located within the 25-foot NDZ, and portions of the fence are within the wetland itself. The homeowner is the original owner from when the house was built in 1986. She recommends removing the fence outside of the 25-foot NDZ and relocating the shed to outside of the 50-foot NBZ. • Mark Shea,the homeowner, states he was unaware of any rules due to the wetlands and that he is amenable to getting rid of both the fence and shed. • The Commission discusses the violation and agrees to issue an Enforcement Order requiring removal of the fence from the wetland and 25-foot NDZ and removal of the shed from the 50-foot NBZ;removal is to be completed within 120-days. The hazardous trees may be removed; no stumping is permitted. • A motion to issue an Enforcement Order as discussed and recommended is made by Mr. Manzi, seconded by Mr. Mustain. • Vote 5-0,Unanimous. Documents Photos (1-22-2024) 1689 Salem Street, 1689 Salem Street- Violation Letter 02 06 24, Aerial(2001) 1689 Salem Street, Aerial(2014) 1689 Salem Street,Aerial(2017) 1689 Salem Street General/New/Old Business 226 Abbott Street—Request for Emergency Certification(Reich) • The Administrator provides background information on culvert issues at 226,230 and 240 Abbott Street shared driveway. A sinkhole was reported by the homeowner at 226 Abbott Street in July of 2023.A site visit was conducted by staff and several Commission members; immediate action was to place a steel plate over the area. Since the plate was installed, the homeowner has been actively trying to engage a contractor to determine how to proceed. A site inspection was conducted by the Field Inspector in January due to a tree removal request; the plate was still holding up at this time. While conducting another site visit in the area last Friday the Administrator noticed an excavator and sections of culvert pipes stored next to the stream. The homeowner has secured a contractor and is seeking an Emergency Certification; a scope of work has been provided. • Mark Reich, 226 Abbott Street provides background on the development of the sinkhole. He states an Emergency Certification was not requested at the time since they were having difficulty securing a contractor and the Emergency Certification is only good for 30-days. No work has been conducted without permission 2024-02-28 Conservation Commission Minutes Page 6 of 7 Approved 0312712024 from the NACC. The contractor is aware of the water and sewer line which run through the driveway; they have been in contact with the DPW. Per the contractor the existing culvert pipe is 36-inches. • Mr. Lynch does not believe the work is eligible for an Emergency Certification; once the plate was installed the emergency was abated. He believes the work should be completed under an NOI and that issuance of an Emergency Certification would be an abuse of this process. He states if the NACC votes to issue an Emergency Certification he will appeal it with MassDEP. He reads the regulations governing the issuance of Emergency Certifications,under certain situations (i.e.Immediate Response Actions approved by the Bureau of Waste Site Cleanup (BWSC) of the Department of Environmental Protection in accordance with the provisions of 310 CMR 40.0410: Immediate Response Actions, extreme weather declarations etc...). • Mr.Napoli believes an Emergency Certification is appropriate; he visited the site in July and states the matter has only gotten worse since. • The Administrator reads an email from Circuit Rider Alicia Geilen,MassDEP dated February 28, 2024, which indicates that a NOI should be filed,however if a local or state emergency official considers it an emergency,then an Emergency Certification could be issued. • Mr. Manzi states he was onsite this past weekend and the plate is sinking. • Mr.Napoli does not think a fire truck could safely pass over the culvert in its current condition. • Judith Reich, 226 Abbott Street expresses concerns with the 4-ft dead volume(void) under the driveway which happens to be the same size as the metal plate that just covers the area. • Mr. Lynch states the NACC needs a letter from the NA Fire Department to determine if the request is an emergency. • Mr. Mustain expresses concern with an EO/EC since there is no engineering to the flow rate and capacity the pipe is going to receive. Due to the size of the bank,he is worried about a 36-inch pipe being able to convey. He questions how much cover they will have over the 36-inch pipe. He also expresses concerns that the design has not been through a proper review process by an engineer. • Mr. Reich states when the culvert was functioning,they never had backups; an in-kind replacement is proposed to minimize impacts in the area. They do not know how much cover they will have over the pipe until it has been excavated. • Mr.Napoli states the Town Engineer visited the site during the first site review and did not express any concerns with what was proposed. • Ms. Valentino states she does not expect the replacement to last as long as the original as engineering design standards are quite different from when the current culvert was installed. • The Administrator questions who will be responsible for damages if something goes wrong with the new culvert and impacts the downstream abutters. She cautions the homeowner not to go the Emergency Certification route to save money on a Notice of Intent. The homeowner was directed via email to secure the services of an engineer and wetland consultant. • The Commission discussed how to proceed with the request. They agree to issue an Emergency Certification only if the Fire Department deems this an emergency due to the inability to take fire apparatus over the culvert and provide safety to the occupants. The homeowner is responsible for getting this in writing from the Fire Department. If the Fire Department does not deem this an emergency an NOI will be required. Staff is required to be on site when work is conducted. Emergency Certification to be signed by the Administrator on behalf of the NACC. • Mr.Napoli requests a letter from 230 Abbott Street granting permission for the work to be conducted within the easement. • Mr. Reich agrees to get a letter from the owner of the land. All three homeowners have signed the contract for the work to be performed; a copy of the contract has been provided to the Administrator. • Mr. Mustain would like them to consider installing a head wall vs. a flared end. • A motion to issue an Emergency Certification provided documentation from the Fire Department is received deeming this to be an emergency is made by Mr. Lynch, seconded by Mr. Manzi. • Vote 5-0,Unanimous. Documents 2024-02-28 Conservation Commission Minutes Page 7 of 7 Approved 0312712024 226 Abbott Pies 02-26-24, 226, 230, 240 Abbott Plan,240 Abbott, NA As Built Plan, 310 CMR 10.06- Emergencies, Regulations-Emergency Certs with JLynch Comments, Sink Hole Chronology Report-226, 230, 240 Abbott Street FINAL, Town of North Andover Mail-Fwd Work Cell Not Working Decision 242-1882,350 Winthrop Avenue (DSM Realty,Inc) • 9:23 p.m. The Administrator leaves the meeting. • The Commission reviews the draft Order of Conditions. • 9:25 p.m. The Administrator rejoins the meeting. • The bond will be set in the amount of$50,000.Protection measures will be done on a phase-by-phase basis. DEP signage will be required in a location approved by the Conservation Administrator. The O&M Plan is required to be recorded at the Registry of Deeds along with the Order of Conditions. A report for all four seasons will be required after the construction is substantially complete,prior to a COC request. • 9:36 p.m. The Field Inspector leaves the meeting. • 9:38 p.m. The Fieldlnspector rejoins the meeting. A motion to adopt the Order of Conditions as drafted and amended is made by Mr. Manzi, seconded by Mr. Lynch. • Vote 5-0,Unanimous. Adjournment • A motion to adjourn at 9:44 p.m. is made by Mr. Manzi, seconded by Mr. Mustain. • Vote 5-0,Unanimous. 2024-02-28 Conservation Commission Minutes