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HomeMy WebLinkAbout2022-07-13 Conservation Commission Minutes Page 1 of 11 Approved 0811012022 North Andover Conservation Commission Meeting Minutes July 13,2022 Members Present: Ryan D. Hale,John T.Mabon,Louis A.Napoli, Chairman,Albert P.Manzi,Jr.,Vice Chairman and Joseph W. Lynch Members Absent: Sean F. McDonough and Anthony Capachietti Staff Members Present: Amy Maxner, Conservation Administrator and Taylor Andrews,Field Inspector Meeting came to Order at: 7:00 p.m. Quorum Present. Pledge of Allegiance Acceptance of Minutes • The minutes for the June 22,2022 meeting are not ready for approval. • A motion to accept the minutes of June 8,2022,is made by Mr. Lynch, seconded by Mr. Manzi. • Vote 5-0,Unanimous. Enforcement OrderlViolation 121 Amberville Road(Wong) • The Administrator states a site visit was done and all restoration activities have been completed as required in the EO.Native plantings have been installed and seeding performed as directed by the Field Inspector.Two additional wetland markers along the edge of the 25-foot NDZ have been installed. The Administrator recommends 2-yrs of planting monitoring. • Nancy Wong,the homeowner,is present. • Mr.Mabon requests monitoring of invasives and non-native species as part of the 2-yr monitoring process. • The Commission discusses the EO and agrees to 2-yrs of invasive/non-native monitoring and to rescind the fines issued for non-compliance. • A motion to amend Enforcement Order as discussed is made by Mr.Manzi, seconded by Mr. Lynch. • Vote 5-0,Unanimous. Documents 01-12-2022 Meeting Materials, 03-09-2022 Meeting Materials, 05-11-2022 Meeting Materials, 05-25-2022 Meeting Materials, 121 Amberville 3rd Amended EO FINAL, 20220706 085824, 20220706 085845, 20220706 085849, 20220706 085902, 20220706 090113 Certificate of Compliance 242-1819,255 Stevens Street(Howlett) • The Administrator provides background on the Order issued in August 2021. A modification was issued which rotated the pool 90-deg bringing the pool further from the 50-foot NBZ. The retaining wall originally proposed was deemed unnecessary and eliminated from the project.A site visit was conducted, and the site is stable and in compliance. • Matt Schweisberg,Wetland Strategies and Solutions, LLC is present for questions. • A motion to issue a full and final Certificate of Compliance is made by Mr. Manzi, seconded by Mr. Lynch. • Vote 5-0,Unanimous. Documents 20220712_160526, 20220712_161139, 20220712_161153,As_built.Howlett255 Stevens St, CoC Request Form 8A, Howlett CoC Request Ltr, LETTER TO CON COM NO. AND Surveyor Certificate of Compliance 242-1535,2005 Salem Street(Zelnick) • The Administrator states the Applicant is unable to attend tonight's meeting. The Order issued in November 2011 governed removal of an existing driveway and expansion of driveway to function as a common 2022-07-13 Conservation Commission Minutes Page 2 of 11 Approved 0811012022 driveway which serves the existing house and two new homes. Only the first section of the common driveway is jurisdictional.NHESP required a conservation easement with boundaries marked in the field. This area contains vernal pools which are encompassed within the easement and are protected under the Town's local Bylaw. The project was designed to respect vernal pool setbacks. The stormwater consisted of a 4-foot wide infiltration trench on the downhill side of the common driveway. Outstanding issues include missing reporting from a professional engineer for maintenance of the infiltration trench as well as an incomplete (shed&play structure at 2001 Salem Street) as-built plan. The shed and play structure are outside of the NACC's jurisdiction. Vernal pool investigation was performed by Norse Environmental, and they found enough evidence to protect the pools under the Bylaw but not enough to certify them with the State. • Mr. Lynch states that maintenance of the trench is a perpetual condition of the OOC. • Mr.Hale requests that moving forward data sheets and photos be provided when inspecting vernal pools. • The Commission discusses the request and agrees the project is not in compliance.At least one report from a PE is required prior to a COC being issued. They request the Applicant be placed on notice that reporting is required annually. • A motion to continue to July 27,2022,is made by Mr.Mabon, seconded by Mr.Manzi. • Vote 5-0,Unanimous. Documents 242-1535, Norse Environmental Lttr. 12.7.17, 2005 Salem CofC Request Docs, 15021 NEW revised p and p plan email 60322 (1), 15021 NEW revised plan email 60322, Homeowners Assoc Doc with Drainage system maintenance, O&M 2009 Salem Street from Application Small Project NACC#296,71 Marbleridge Road (Collamore) • The Administrator states most of the project is outside the NACC's jurisdiction. The project consists of demolition of the existing deck and construction of a covered porch, deck and hot tub. The hot tub will be placed on a new 50-sf paver patio. Approximately 28-sf of the patio/hot tub will be inside the outer reaches of the Riverfront Area, all work is entirely outside the 100-foot BZ to BVW. The wetland line was reviewed and found to be accurate. The project was reviewed by the Planning Board and a waiver with conditions was issued. • Ryan Collamore,the Applicant is present for questions. • Mr. Lynch states that it is important to ensure the stone infiltration trench is built correctly to minimize future impacts. • The Administrator recommends issuing a small project"F"&"L"with conditions requiring materials be stored outside of the Riverfront Area and pre and post construction inspections. • A motion to accept this as a Small Project"F"&"L"is made by Mr. Manzi, seconded by Mr.Mabon. • Vote 5-0,Unanimous. • A motion to approve the Small Project as recommended is made by Mr.Manzi, seconded by Mr.Mabon. • Vote 5-0,Unanimous. Documents 2022-06-16_rev_Marbleridge Road#71_Site Plan, 2022-06-30 small project narrative, Marbleridge 471_GIS Map,Marbleridge_3D Rendering, Marbleridge_architectural, Marbleridge_Small Project Application, Plan Sketch with dimensions and RA setbackpdf Notice of Intent(NOI) 242-1787, 135 North Ramp Road(DeRosa) • The Administrator states a continuance is required due to lack of quorum. Documents n/a Notice of Intent(NOI) 242-1837,1260 Salem Street(Czerepak) 2022-07-13 Conservation Commission Minutes Page 3 of 11 Approved 0811012022 • The Administrator states a continuance has been requested. • A motion to continue to July 27,2022,is made by Mr.Mabon, seconded by Mr.Manzi. • Vote 5-0,Unanimous. Documents Email fromjacksull53(a),comcast.net requesting a continuance until 7127122 Notice of Intent(NOI) 242-1845,240 Abbott Street(Schwirz) • The Administrator provides details on the proposal.At the last meeting, the Commission requested a revised plan with elevations,plans for temporary sewage storage,tank dimensions/depth and dewatering detail.A revised plan was received.Although the consultant does not believe dewatering will be necessary, a note was added to the plan and a dewatering specification sheet provided. • Karl Schwirz,the Applicant is present for questions. • The Commission discusses dewatering and agrees it will be conditioned in the OOC as a pre-construction requirement, outside of the 100-foot BZ. • No abutters are present. • A motion to close and issue in 21 days is made by Mr. Mabon, seconded by Mr.Manzi. • Vote 5-0,Unanimous. Documents 06-22-2022 Meeting Materials, 240 Abbott CC PL, Dewatering Narrative W. Dufresne Email, DirtBag, Sewer Force Main Plan with Details, W. Dufresne Email-240 Abbott-Force Main Notice of Intent(NOI) 242-1847, 161 Campbell Road(McCarthy) • The Administrator provides details on the proposal heard at the last meeting. The Applicant has revised the proposal to include a second story addition over the existing garage as well as an expansion of the footprint. Stone infiltration for new roof runoff, stockpile area and construction access was added. • Greg Hochmuth,Williams and Sparages states they have confirmed that activities are above the floodplain by 5-ft. The expansion will be outside of the 50-foot NBZ with a temporary disturbance within the 25-foot NDZ which is currently lawn, erosion controls are proposed. Tree cleanup is limited to removing stressed pines, deadwood and pruning. They are proposing the removal of a triple tree trunk, if possible,they will only remove one trunk,no stumping is proposed. Due to site conditions a frost wall will be installed vs a full foundation,therefore dewatering will not be required. • Bill McCarthy,the Applicant states the tree cleanup has been requested due to safety concerns. • The Commission discusses dewatering and agrees sufficient hay bales/mulch sock must be onsite. The OOC will condition that all tree pruning is outside of the 25-foot NDZ. • No abutters are present. • A motion to close and issue in 21 days is made by Mr. Manzi, seconded by Mr.Mabon. • Vote 5-0, Unanimous. Documents 06-22-2022 Meeting Materials, 161 Campbell Revised Plan - 7-11-22, Cover Letter Plan Revisions 7-11-22, Screenshot(118) Notice of Intent(NOI) 242-1848,463 Winter Street(Birch Lane,LLC) • The Administrator provides details on the proposal heard at a previous meeting. A DEP#has been issued. • Tom Mannetta, Thomas Mannetta Inc. is present for questions. • No abutters are present. • A motion to close and issue in 21 days is made by Mr. Manzi, seconded by Mr.Mabon. • Vote 5-0,Unanimous. Documents 2022-07-13 Conservation Commission Minutes Page 4 of 11 Approved 0811012022 06-08-2022 Meeting Materials Notice of Intent(NOI) 242-1849, 102 Penni Lane(Martin-Fernandes) • The Administrator states the proposal consists of demolition of an existing rear 3-season porch and associated stairs. They propose reconstructing the porch in the same footprint,rotating the stairs 90-deg to add a landing to meet code requirements.A stone infiltration trench is proposed to capture roof runoff and continue around the perimeter of the porch and under the stairs. Concrete will be installed under the footprint of the porch. Work for the rear porch and stairs is within the 50-foot NBZ. The front concrete landing and first section of walkway will be demolished and replaced with wider landing, steps and walkway;this work is outside the 50- foot NBZ. There is an area of wetland between Flags 4 and 5 that has been historically mowed. They propose to restore this area with native shrubs and install wetland markers.No work is proposed in the Riverfront Area. The property is within the floodplain, a base elevation was not provided by FEMA. • Mr. Lynch states the fact that the property is in Riverfront is not relevant; no fill is proposed in the potential floodplain area. • Ana-Paula Martins-Fernandes,the Applicant is present. • David Kelley,Meridian Associates, Inc. states they propose to use the driveway as a stockpiling area and construction access to the rear of the house. The corner of the existing porch is 29-ft from the wetland at its closest point. • The Commission discusses the proposal and agrees that the restoration plantings must be approved by the Administrator. • No abutters are present. • A motion to close and issue in 21 days is made by Mr. Mabon, seconded by Mr.Manzi. • Vote 5-0, Unanimous. Documents 6456_Application Checklist, 6456_NOI Submittal_2022-06-30, 6456_Return Receipts Received, 6456_SITE 07-11-2022 S&S,D. Kelly Email-Riverfront and Floodplain Review, Letter Conservation_2022-07-11 Notice of Intent(NOI) 242-1851,26 Long Pasture Road (Bhatnaga) • The Administrator states the project consists of installation of an inground pool with associated pool equipment,decking,fence and retaining wall. Some grading is proposed to provide a level area for the pool. The property contains BVW and a potential vernal pool;the proposal respects the 75-foot NBZ. A saltwater filtration system is proposed. The property contains a CR; all proposed work is outside of the CR area. The property is within NHESP habitat; they have filed with NHESP and are waiting for a response. The wetland line was reviewed by staff and found to be accurate. During the site inspection a pump and hoses were observed near the vernal pool. Staff spoke with the homeowner who claimed this was an experiment that was done by their daughter,it is no longer being used.A DEP#has not been issued at this time. Additional plan details have been requested. • Divya Bhatnaga,the Applicant is present. • Kristan Farr,Hancock Associates states that construction access will be behind the house, erosion controls are proposed. A sketch by the Applicant showing the location of the leach field and d-box is provided for review at the front of the house. She states that she never actually saw the sump pump in the vernal pool, she was instructed by the Field Inspector to remove the pump from the site. • Mr. Lynch expresses concerns that the temporary construction access will be in the 50-foot NDZ. If allowed, restoration of this area will need to be discussed. • The Administrator believes that the construction access through the front yard would make more sense however the location of the septic system must be confirmed. • Mr. Manzi expresses concerns with the pump,no activity is allowed within 50-ft and no build within 75-ft of the vernal pool. • Mr.Mahon suggests demarcating the boundary of the CR. 2022-07-13 Conservation Commission Minutes Page 5 of 11 Approved 0811012022 • The Commission discusses the proposal and in order to receive a waiver the Applicant must prove there is no other access. They request the septic system, elevations, dewatering area, stockpile area and retaining wall be added to the plan and to have it stamped by a PE. • No abutters are present. • A motion to continue to July 27,2022,is made by Mr.Manzi, seconded by Mr.Mabon. • Vote 5-0,Unanimous. Documents 26 Long Pasture 07-12-22 Site Photos, 25292 Certified Mail Receipts 7-5-2022, Application Checklist- Notice of Intent 6.30.2022, Enlarged Screenshot plan, NOI complete 6.30.2022, Screenshot Plan enlarged Request for Determination of Applicability 901 Johnson Street(Fiore) • The Administrator provides details on the proposal heard at the previous meeting. Per the Commission's request a buffet-zone enhancement/naturalization area has been provided at a 2.6:1 ratio of return. The area was planted with native shrubs, seeded with a native seed mix and wetland markers installed under the direction of the Field Inspector. • No abutters are present. • A motion to close the hearing and issue Negative Determination#3 with conditions(two growing seasons of monitoring of the buffer zone enhancement plantings and pre and post inspections) is made by Mr. Lynch, seconded by Mr.Manzi. • Vote 5-0,Unanimous. Documents 06-22-2022 Meeting Materials, 20220711_I50011, 20220711_150032, Johnson Street 901 Buffer Zone Enhancement Planting Plan Request for Determination of Applicability 148 Main Street(Sutton Pond Condominium) • The Administrator states the scope of work has been amended as discussed at the previous meeting. The proposal now includes removal of asiatic bittersweet and root collar excavation. She questions whether the NACC will permit removal of the bittersweet within the 25-foot NDZ. • The Commission discusses the request to work in the 25-foot NDZ and agrees invasive eradication within the 25-foot NDZ will be beneficial. • No abutters are present. • A motion to close the hearing and issue Negative Determination#3 with conditions as amended(erosion controls at the discretion of staff,removal of invasive vines to be properly disposed of off-site as well as pre and post inspections)is made by Mr.Manzi, seconded by Mr. Mabon. • Vote 5-0,Unanimous. Documents 06-22-2022 Meeting Materials, RDA Application with Supporting Materials REVISED 06 28 22 Request for Determination of Applicability 465 Rea Street(Hall/Levenberg) • The Administrator provides background information on the parcel. The proposal is for the installation of a 400-sf natural stone patio at the rear of the house with a short retaining wall on the west side. The Administrator states she spoke with the Applicant regarding use of polymeric sand between joints, they intend to use a different type of sand to allow for better infiltration. Existing boulders will be shifted to the true edge of the NDZ allowing for more yard space, creating a landscape wall; existing wetland markers will serve as a guide for the boulder placement. They are proposing to install a play structure within the lawn and native planting bed along the westerly side of the property to allow for privacy screening. All work is outside of the 50-foot NBZ and 25-foot NDZ with the exception of the play structure which is proposed within the 50-foot 2022-07-13 Conservation Commission Minutes Page 6 of 11 Approved 0811012022 NBZ. Erosion controls installed by the developer are still in place and functioning. Construction access will be through the driveway. • Kerry Levenberg,the Applicant is present. • The Commission discusses the play structure and agrees to allow the play structure as proposed as it is not considered a structure per the bylaw. • No abutters are present. • The Administrator recommends issuing a Negative Determination#2 and#3 with conditions requiring pre and post construction meetings and all materials shall be stockpiled, and equipment stored at the end of the driveway. • A motion to close the hearing and issue Negative Determination#2 and#3 with conditions as recommended is made by Mr. Manzi, seconded by Mr. Lynch. • Vote 5-0,Unanimous. Documents RDA Application with Supporting Materials 06 24 22, RDA Plan- 465 Rea Street Request for Determination of Applicability 85 Holly Ridge Road(Macy) • The Administrator states the project includes replacing the deck boards and railings on the existing rear deck and stairs and expanding the deck by 10-ft along the house. The new section of deck will receive two new footings,all work is within the lawn area. Based on site measurements the existing work is 61-ft from the BVW at its closest point and the new section of deck is 71-ft.All work is outside of the 200-foot Riverfront Area. The Administrator recommends issuing a Negative Determination#3 with conditions requiring pre and post construction meetings and all materials shall be stockpiled and stored at the end of the driveway. • Phillip Macy,the Applicant and his contractor are 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.Mabon. • Vote 5-0,Unanimous. Documents 20220614_084605, 20220614_084625, RDA Application with Supporting Materials 06 24 22, RDA Plan - 85 Holly Ridge Road Request for Determination of Applicability 250 Abbott Street(Solomon) • The Administrator states the proposal is for the in-kind replacement of an existing driveway. There is a culvert underneath the middle of the driveway which carries an intermittent stream associated with BVW. Due to this the culvert portions of the driveway are located within the 25-foot NDZ. A formal waiver request has been provided. The wetland line was reviewed in the field and found to be accurate. • John Morin,Morin-Cameron Group,Inc states the culvert flows from WF Al-A19. Erosion controls are proposed on the culvert shoulders to protect the resource areas at the crossing as well as the lengths where work is in the Buffer Zone;the corrugated culverts are functioning and will not be replaced. He confirms that there is enough coverage above the culvert. • The Administrator recommends issuing a Negative Determination#3 with conditions requiring pre and post construction meetings, excess soils to be taken off site,disturbed shoulders to be loomed, seeded and blanketed with clean straw. • 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.Mabon. • Vote 5-0,Unanimous. Documents Abbott St 250 Site Photos 07-12-22, RDA Submittal 2022-07-13 Conservation Commission Minutes Page 7 of 11 Approved 0811012022 Request for Determination of Applicability 180 Marbleridge Road(Magnuson) • The Administrator states work was shut down for working without a permit. The proposal is for the in-kind replacement of an existing driveway. The plan provided was submitted to the Planning Board in 2021 for permitting of the front porch; the porch is outside NACC jurisdiction. A perennial stream is located across the street, approximately half of the driveway is within the 200-foot Riverfront Area. There is a small culvert that runs under the mouth of the driveway carrying the BVW flow. Appropriate fees were collected for the after- the-fact filing. • Brian Magnuson,the Applicant states the driveway was removed and the subgrade is in place. The catch basin is intact,he is unsure where it flows to. • The Administrator recommends issuing a Negative Determination#2 &#3 with conditions requiring pre and post construction meetings and disturbed shoulders to be loomed and seeded. • Mr. Lynch requests the catch basin be inspected to ensure all debris is removed. • No abutters are present. • A motion to close the hearing and issue Negative Determination#2 and#3 with conditions as recommended and amended is made by Mr. Lynch, seconded by Mr. Manzi. • Vote 5-0,Unanimous. Documents 20220616 114603, RDA Application with Supporting Materials 06 29 22 Request for Determination of Applicability Ousler Boardwalk(FONAT) • The Administrator states proposal is for the installation of a bog bridge by FONAT on a Town owned property. The bog bridge will be a 48-ft long 30-inch wide bog bridge consisting of 16-ft hemlock planks elevated by wooden sleepers. Depending on ground conditions the wooden sleepers will either be leveled or slightly dug into the ground. The bridge will cross a narrower section of wetland within an open field to connect proposed seasonally mown paths. The activity has been approved by Greenbelt who holds the CR. • Glen Aspeslagh,FONAT is present. • The Administrator recommends issuing a Negative Determination#2 &#3 with conditions requiring pre and post construction meetings,the height of the boardwalk should not impede any water flow,no uprooting of vegetation will be permitted other than what is required to install the sleepers. • No abutters are present. • A motion to close the hearing and issue Negative Determination#2 and#3 with conditions as recommended and amended is made by Mr. Manzi, seconded by Mr.Mahon. • Vote 5-0,Unanimous. Documents Narrative, map and schematics- Ousler boardwalk, RDA Application with Supporting Materials 06 29 22 Modification 242-1808,Beechwood Drive(Beechwood Drive,LLC) • The Administrator provides background on the OOC issued in May 2021. The Applicant is seeping a modification to add two additional garage doors at the southwest corner of the building. This change requires the addition of 500-sf of pavement to access the garage doors. The new pavement is within the proposed limits of the chain link fence, outside the 50-foot NBZ. The proposal also includes four additional garage doors on the northwest side of the building which requires moving the proposed parking area to the north, outside the BZ. Both changes will take up some of the proposed snow storage areas. • Will Duffy, CRE-Management is present. • The Commission discusses the proposal and expresses concerns with pavement over the septic system and loss of snow storage. They request the plan be submitted to the BOH for septic review as well as calculations for the additional impervious area. • A motion to continue to July 27,2022 is made by Mr.Manzi, seconded by Mr. Mahon. 2022-07-13 Conservation Commission Minutes Page 8 of 11 Approved 0811012022 • Vote 5-0, Unanimous. Documents 31968-00 Site Plans-SITE LAYOUT PLAN, 31968-00 SK4-5, Beechtivood-Approved Plan Set, coverlett CC clean Enforcement OrderNiolation 242-1799,243 Great Pond Road (Boyko) • The Administrator states the Building Inspector discovered that the retaining wall does require a building permit,which has stalled work. The CR markers were maintained throughout the remedy operation and the hardscape portion of the project is in compliance. She recommends leaving the EO open to allow for cleanup and planting. • A motion to continue to July 27,2022 is made by Mr.Manzi, seconded by Mr. Mabon. • Vote 5-0,Unanimous. Documents 01-12-2022 Meeting Materials, 11-22-2021 Meeting Materials,12-08-2021 Meeting Materials, 3rd AMENDED Enforcement Order 04-13-22 w certified number, 20220630 143550, 20220630_144511 Enforcement OrderNiolation 50 Peterson Road(Xiong) • The Administrator states that the Field Inspector confirmed that all directives have been met. • Henry Xiong the homeowner is present. • A motion to lift the Enforcement Order is made by Mr.Manzi, seconded by Mr. Mabon. • Vote 5-0, Unanimous. Documents 05-25-2022 Meeting Materials, 20220713_132704, 20220713_132710 Enforcement OrderNiolation 450 Marbleridge Road(Hung) • The Administrator provides background on the EO heard at a previous meeting. The fill has been removed and the area seeded and blanketed. The wetland was flagged by Norse Environmental on July 12th and a planting recommendation has been made. She reviews the planting recommendation with the NACC. • Wetland markers will be required, and a more comprehensive planting plan will be required by the September 14th meeting. • A motion to amend the Enforcement Order as discussed is made by Mr. Manzi, seconded by Mr. Manzi. • Vote 5-0,Unanimous. Documents 05-25-2022 Meeting Materials, 06-22-2022 Meeting Materials, 450 Marbleridge Photos 07-12-22, 450 Marbleridge Rd.Amended EO 06-22-22, Marbleridge 450-Post Fill Removal 06-27-22, Marbleridge 450- Fill Importation 05-18-22, Marbleridge 450-Pre-fill importation April 2022, Norse Email Delineation Confirmation 07-08-22 Enforcement OrderNiolation 242-575,366 Candlestick Road(Templeton) • The Administrator provides background on the EO heard at a previous meeting. The wetlands were delineated by Norse Enviromnental; a restoration plan is forthcoming. • Somashree Templeton,the homeowner is present. • The Commission discusses the EO and agrees a restoration plan must be submitted by September 14,2022 with a completion planting date of May 30,2023. The restoration plan should include a narrative describing the plant species and a sketch showing the location of the plantings. If grading is required,this should be included in the narrative. • A motion to amend the Enforcement Order as discussed is made by Mr. Mabon, seconded by Mr. Lynch. • Vote 5-0,Unanimous. 2022-07-13 Conservation Commission Minutes Page 9 of 11 Approved 0811012022 Documents 06-22-2022 Meeting Materials, Amended EO 366 Candlestick Road 06 22 22, Candlestick 366 EO- Homeowner Response 07-01-22, Norse Email Delineation&Restoration Confirmation 07-08-22, Enforcement Order/Violation 242-1581, 1055 Salem Street(Rodriguez) • The Administrator provides background on the EO heard at a previous meeting. • Jose Rodriguez,the homeowner, is present. • Sergio Bonilla,Mission Wetland& Ecological Services provides a draft restoration plan to the NACC. Soil plugs were performed and mostly virgin topsoil with some sand was found. They propose to minimize scarification of the BVW area and scarify the 25-foot NDZ, to promote a growing medium.If required,the stumps and brush pile will be removed, and the stone wall repaired to its original condition. He reviews the plants and seed mixes proposed in the draft restoration plan and recommends planting be done in the fall.A formal restoration plan will be prepared for the next meeting. • The Commission discusses the EO and agrees the sand was present prior to the house being built. • A motion to continue to July 27,2022 is made by Mr.Manzi, seconded by Mr. Mabon. • Vote 5-0,Unanimous. Documents 06-22-2022 Meeting Materials, Amended EO 1055 Salem St 06-22-22, Restoration Proposal 0713 22, Salem St 1055 Aerial 2014, Salem St 1055 Aerial 2020 Enforcement Order/Violation 17 Hepatica Drive(Rogers) • Greg Hochmuth,Williams& Sparages states demolition of an existing patio was started prior to the homeowner realizing permitting was required. The homeowner would like to return the patio and retaining wall to its original dimensions. Both the location and dimensions are available on a pre-existing as-built plan. Erosion controls are in place,there is no threat to the wetlands. • The Commission discusses the violation and agrees to allow for an in-kind replacement under an EO to be completed no later than October 1,2022. • A motion to issue an Enforcement Order allowing for restoration of an in kind footprint of the patio and retaining wall as discussed is made by Mr.Manzi, seconded by Mr. Mabon. • Vote 5-0,Unanimous. Documents 17 Hepatica 06-10-22, 17 Hepatica As-Built Blown Up, Violation Letter- 17 Hepatica Drive, Williams& Sparages Email Correspondence 07-11-22 Enforcement Order/Violation 49 Court Street(Petrosino/Fiorante) • The Administrator states that a tree removal letter was issued on May 27, 2022.At this time Conservation Staff alerted the homeowner that any other work on the property would require review,approval and permitting with the NACC. On June 21,2022 staff was alerted to violations consisting of unauthorized importation of fill, stone and use of equipment resulting in ground disturbance,tree removals and pruning beyond what was approved. Most of the violations appear to have occurred within the 50-foot NBZ,up to the 25-foot NDZ and perhaps within the 25-foot NDZ to BVW associated with an intermittent stream. All work has ceased, and erosion controls have been installed and the site is stable. If any impact occurred within the 25-foot NDZ a restoration plan should be submitted. • Leah Petrosino,the homeowner, states after receiving approval to remove the trees, fill was brought in to allow the tree company to access the backyard. She states that they had eventually planned to add fill to level the backyard. She agrees they are at fault and states they will remedy the situation. • James Fiorante,the homeowner's partner, states that 3-4 thousand dollars of stone was brought in vs. fill to prevent erosion due to the proximity of the work to the slope. 2022-07-13 Conservation Commission Minutes Page 10 of 11 Approved 0811012022 • Mr.Mabon expresses concerns that the fill may alter the drainage pattern. • The Commission discusses the violation and agrees all work should continue to cease and desist and erosion controls maintained. The homeowner must engage a wetland consultant to delineate the wetland and serve as a monitor(inspections after ''/z"rain events within 24-hrs),to be completed no later than August 10,2022. A surveyed/engineered plan shall be submitted no later September 1,2022. Attendance at the August 10,2022 meeting is required for additional directives. • John Weaver&Regina Jesser, 37 Court Street express concerns that the property lines are not defined and altering of drainage patterns. • A motion to issue an Enforcement Order as discussed is made by Mr. Manzi,seconded by Mr.Mahon. • Vote 5-0,Unanimous. Documents 49 Court St Photos 07-13-22, 49 Court Street Enforcement Order, Cease&Desist 06-24-22, Court Street 49- Tree Removal Letter 05-27-22 Enforcement Order/Violation 40 Flagship Drive(DWT Holdings,LLC) • The Administrator states fines continue to accrue. • A motion to continue to August 10, 2022 is made by Mr. Mahon, seconded by Mr. Lynch. • Vote 5-0,Unanimous. Documents 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,10-2 7-2021 Meeting Materials, 12-08-2021 Meeting Materials Enforcement Order/Violation Foster Street-Heating Oil Spill • The Administrator states they are still waiting on the risk assessment from Wood Environmental. • A motion to continue to August 10, 2022 is made by Mr. Lynch, seconded by Mr.Mabon. • Vote 5-0,Unanimous. Documents 02-09-2022 Meeting Materials, 02-23-2022 Meeting Materials, 03-09-2022 Meeting Materials, 03-23-2022 Meeting Materials, 04-27-2022 Meeting Materials, 05-11-2022 Meeting Materials, 06-22-2022 Meeting Materials, Draft Prelimanaiy_Teeh_Memo_06302022 - General/New/Old Business Election of Conservation Commission Officers • A motion to nominate Mr. Napoli as Chainnan is made by Mr. Manzi, seconded by Mr. Mahon. • Vote 4-0, (In Favor:Hale,Mabon,Manzi,Lynch,Abstained: Napoli). • A motion to nominate Mr. Manzi as Vice Chairman is made by Mr. Lynch, seconded by Mr. Mabon. • Vote 4-0, (In Favor:Hale,Mabon,Napoli,Lynch,Abstained: Manzi). General/New/Old Business MACC Annual Dues • 10:11p.m. Mr. Hale leaves the meeting. • The Administrator breaks down the costs for memberships and an on-line e-handbook subscription. • A motion to approve the MACC annual dues in the amount of$928.00 is made by Mr. Lynch, seconded by Mr.Manzi. • Vote 4-0,Unanimous. General/New/Old Business Half Mile Hill—Agricultural License Renewal 2022-07-13 Conservation Commission Minutes Page 11 of 11 Approved 0811012022 • The Administrator states the Agricultural License has been signed by lessee and is ready for the Commission's signature. Decision 242-1845,240 Abbott Street(Schwirz) • 10:13p.m. Mr. Hale rejoins the meeting. • The Administrator reviews the drafted Order of Conditions. • The Commission discusses the bond which will be set in the amount of$2,000. • A motion to adopt the Order of Conditions as drafted and amended is made by Mr.Manzi, seconded by Mr. Mabon. • Vote 5-0,Unanimous. 242-1848,463 Winter Street(Birch Lane,LLC) • The Administrator reviews the drafted Order of Conditions. • The Commission discusses Condition 449,monumentation of the NDZ. The bond which will be set in the amount of$2,000. • A motion to adopt the Order of Conditions as drafted and amended is made by Mr.Lynch, seconded by Mr. Mabon. • Vote 5-0,Unanimous. Adjournment • A motion to adjourn at 10:20 p.m. is made by Mr.Manzi, seconded by Mr. Lynch. • Vote 5-0, Unanimous. 2022-07-13 Conservation Commission Minutes