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Home My WebLink About2022-08-10 Conservation Commission Minutes Page 1 of 5 Approved 0911412022 North Andover Conservation Commission Meeting Minutes August 10,2022 Members Present: Sean F. McDonough, Ryan D. Hale, Louis A.Napoli, Chairman, Albert P. Manzi, Jr.,Vice Chairman and John T. Mabon Members Absent: Anthony Capachietti and Joseph W. Lynch Staff Members Present: Amy Maxner, Conservation Administrator Meeting came to Order at: 7:02 p.m. Quorum Present. Pledge of Allegiance Acceptance of Minutes • A motion to accept the minutes of July 13, 2022, as drafted and amended is made by Mr. Mabon, seconded by Mr. Manzi. • Vote 4-0,Unanimous. Notice of Intent(NOI) 242-1787, 135 North Ramp Road(DeRosa) • The Administrator states a continuance is required. • A motion to continue to September 14,2022,is made by Mr. Manzi, seconded by Mr. Hale. • Vote 4-0,Unanimous. Documents n/a Notice of Intent(NOI) 242-1837, 1260 Salem Street(Czerepak) • The Administrator states a continuance has been requested. • A motion to continue to September 14,2022,is made by Mr. Manzi, seconded by Mr. Hale. • Vote 4-0,Unanimous. Documents Email from.jtzcksull5.3 a,comcast.net requesting a continuance until 9114122 Notice of Intent(NOI) 242-1851,26 Long Pasture Road(Bhatnaga) • The Administrator states a continuance has been requested. • A motion to continue to September 14,2022,is made by Mr. Manzi, seconded by Mr. Hale. • Vote 4-0,Unanimous. Documents Email from arr�cialaancockassociates.com.net requesting a continuance until 9114122 Notice of Intent(NOI) 242-1850,315 Turnpike Street(Merrimack College) • The Administrator states a continuance has been requested. • A motion to continue to September 14,2022,is made by Mr. Manzi, seconded by Mr. Hale. • Vote 4-0,Unanimous. Documents Email from Jl!�oetterilzavhb.com requesting a continuance until 9114122 2022-08-10 Conservation Commission Minutes Page 2 of 5 Approved 0911412022 Amendment 242-1750, 1 Oak Avenue(Held) • 7:32 p.m. Mr.McDonough enters the meeting room. • The Administrator provides background on the Order issued in March 2019. The Applicant is seeking an Amendment to the Order of Conditions eliminating all work within the wetland. They propose grading on the Applicants and partially on the Trustee's property to create a preferential flow path around the house off to the rear and front of the house to drain into the BVW. A perforated pipe and crushed stone infiltration trench will be installed at the front of the property along the edge of the road. This pipe will transition to a solid pipe, discharging into a rip rap apron into the B Series wetland at the existing headwall. They propose to armor the bank to the existing intermittent stream across the street. Portions of the drainage work occurs within the 25- foot NDZ and 50-foot NBZ to the wetland; a waiver request has been submitted. An O&M Plan for the infiltration trench has been provided. A ramp has been added to the previously approved shed in a slightly different location; outside of the 50-foot NBZ. The previously approved walkway at front of the house will be made of crushed stone along with a crushed stone landing off the deck. The existing sewer cleanout and landscape plantings will be reset. Invasive species management has been eliminated from the proposal. • Mr. Mabon questions if they have permission from the Trustees for work on their property. • Evin Guvendiren, DeRosa Environmental Consulting,Inc. states they have permission from TTOR; a copy of the email will be provided for the file. • Will Schkuta, Morin-Cameron Group, Inc states work for the rip rap is located in the private way and the parcel across the street which is part of 1 Oak Avenue. The stream is currently causing erosion due to the 90 degree bend;they propose to armor the intermittent stream to help knock down the velocities. • Mr. Hale suggests they consider using natural bio stabilization vs rip rap. • Dorothy Held,the Applicant states documentation of the area during rainstorms have been provided. • No abutters are present. • A motion to grant a waiver for work on the"A" and `B" series wetlands as requested is made by Mr. Mahon, seconded by Mr. McDonough. • Vote 4-1 (In Favor: McDonough,Napoli,Manzi,Mabon, Opposed:Hale). • A motion to close and issue in 21 days is made by Mr. Manzi, seconded by Mr. Mabon. • Vote 5-0,Unanimous. Documents 242-1750-Requ. For Amended OOC- I OakAve, image0, image], image2, image3,image4, images, image6, image7, image#,photos, Prior Approved Plans - I OakAve #242-1750, Revised Abutter List, Trustees approval Gmail-RE Drainage Improvements at] OakAve in North Andover Request for Determination of Applicability 518 Salem Street(Cataldo) • The Administrator states the proposal to enclose the existing screened in porch. The porch floor support frame and exterior walls will be replaced, the ceiling joists will be 2'x 10'.No ground disturbance is proposed; lattice will be installed around the bottom of the porch. Work is approximately 68-feet from the BVW at its closest point. The pool located within the 50-foot NBZ has been in place since before they purchased the home in 1992; aerials confirm the pool was in place as far back as 2001. The Administrator recommends issuing a Negative Determination#3 with conditions requiring the pre and post construction meetings and dumpster to be placed in the driveway. • Joseph Cataldo,the Applicant states that no machinery will be used. • The Commission discusses construction access and agrees that no machinery will be allowed in the NDZ. • No Abutters are present. • A motion to close the hearing and issue Negative Determination#3 with conditions as recommended is made by Mr. McDonough, seconded by Mr. Mabon. • Vote 5-0,Unanimous. Documents RDA Application with Supporting Materials 07 28 22, RDA Supporting Materials 07 28 22 2022-08-10 Conservation Commission Minutes Page 3 of 5 Approved 0911412022 Request for Determination of Applicability 1403-1404 Basswood Circle(Bergman& Assoc.) • A motion to continue to September 14, 2022,is made by Mr. McDonough, seconded by Mr. Manzi. • Vote 5-0,Unanimous. Documents 2356 RDA Package, 20220629_133052, Abutter List, Piertech-auger Certificate of Compliance 242-1535,2005 Salem Street(Zelnick) • The Administrator states supplemental materials have not been received. • A motion to continue to September 14,2022,is made by Mr. Manzi, seconded by Mr. Hale. • Vote 5-0, Unanimous. Documents n/a Certificate of Compliance 242-1818, Great Pond Road,Roadway Stabilization (North Andover DPI • The Administrator provides background on the Order issued in September 2021. Work was completed in spring of 2022; no major problems were encountered. The final conditions have experienced several rain events and the shoulder dressing and erosion control blanketing have held up well; native seed is sprouting. The Administrator recommends to issue a full and final Certificate of Compliance with ongoing conditions. • Bob Raferty,Environmental Partners states that construction went as planned. • A motion to issue a full and final Certificate of Compliance is made by Mr. Mabon, seconded by Mr. Hale. • Vote 5-0,Unanimous. Documents Great Pond Road_Request for Certificate of Compliance Small Project NACC#297 After-the-Fact Application,235 Great Pond Road (Foster) • The Administrator states construction was for replacing support joists and decking on an existing deck with new composite material as well as replacement of a side entrance wooden landing decking and joists with new composite material and a concrete bottom step. Both structures are surrounded inside a landscaping bed, outside the 100-foot BZ to BVW,but within the Riverfront Area. The work is 127-ft from the river at its closest point. The lot is encumbered by the same CR which governs 243 Great Pond Road; work is outside of the CR. The Administrator recommends issuing a small project`B"with conditions requiring a post construction inspection; no erosion controls are required. • A motion to accept this as a Small Project`B"with conditions as recommended is made by Mr. Manzi, seconded by Mr. Mabon. • Vote 5-0,Unanimous. Documents 235 Great Pond Violation Letter 7-28-22.docx- Google Does, Aerial wetland measurements 235 GPR, Small Project Application with Supporting Materials 08 0122 Modification 242-1808,Beechwood Drive (Beechwood Drive,LLC) • The Applicant is not present. • A motion to continue to September 14,2022,is made by Mr. Manzi, seconded by Mr. Mabon. • Vote 5-0,Unanimous. Documents 07-13-2022 Meeting Materials, 07-27-2022 Meeting Materials, SK 5 Binderl 2022-08-10 Conservation Commission Minutes Page 4 of 5 Approved 0911412022 Enforcement Order/Violation Foster Street-Heating Oil Spill • Mr. Manzi states he believes the report from Seekamp Environmental is complete;the findings were as expected. The report indicated the work was not done as completely as it should have been; additional work is required. He expresses concerns that the insurance company believes that Clean Harbors has done their job based on DEP requirements. He suggests that the NACC take action and petition the Select Board to retain council to seek damages to repair the land to its original state. • Mr. Mabon believes the NACC is within their rights to ensure the people who caused the damages comply. He states that a DEP rep stated that mucking out oil from the stream would cause too much damage. However,they also indicated that the Town has suffered damages as a result of the oil spill; damages have been indicated in the report done by Seekamp Environmental. • The Commission discusses the Enforcement Order and agrees the flora and fauna are damaged. They direct the Administrator to petition the Town Manager to retain the counsel; Commissioner's Mabon and Manzi offer to accompany her. Documents n/a Decision 242-1847, 161 Campbell Road(McCarthy) • The Administrator reviews the drafted Order of Conditions. • The bond will be set in the amount of$3,000. • A motion to adopt the Order of Conditions as drafted is made by Mr. Mahon, seconded by Mr. Manzi. • Vote 4-1, (In Favor: Hale,Napoli,Manzi,Mabon,Abstained: McDonough). Decision 242-1750, 1 Oak Avenue (Held) • The Administrator reviews the drafted Amended Order of Conditions. • The Commission discusses Condition#54 and agree it will remain part of the Order. The original invasive species work will be removed from the Order. • A motion to approve the Amended Order of Conditions as drafted and amended is made by Mr. McDonough, seconded by Mr. Hale. • Vote 5-0,Unanimous. Enforcement Order/Violation 49 Court Street(Petrosino/Fiorante) • The Administrator states a site inspection was performed to inspect the wetland line; several flags were adjusted. • Sergio Bonilla,Mission Wetland& Ecological Services presents the proposal to install a pervious patio while keeping 1,500-sq. ft. of the backyard in a flattened configuration; this would require a retaining wall located within the 50-foot NBZ. Enhancement of the 25-foot NDZ and 50-foot NBZ is proposed as mitigation. The area shown on the plan in red depicts the area of previous disturbance. • The Administrator states a retaining wall is considered a structure if a building permit is required. • The Commission reviews the plan and agrees fill is not allowed within the 25-foot NDZ; 2:1 slope is required. • James Fiorante,the homeowner's partner states they are looping to keep the fill within the boundary of the previously fenced area and add a retaining wall. He presents a revised plan to the NACC for review. • The Commission discusses the violation and agrees the fill from the 25-foot NDZ must be removed under the supervision of the wetland consultant. This area must be seeded and stabilized; additional fill to be disposed of offsite. Erosion controls are to be repositioned to protect the toe of the relocated edge of fill. If additional work is proposed a plan must be submitted to the NACC for review along with a waiver request with a comprehensive alternatives analysis; elevations must be included. The wetland consultant is to continue to 2022-08-10 Conservation Commission Minutes Page 5 of 5 Approved 0911412022 monitor erosion controls after ''/z-inch rain events or greater within 24-hrs. All directives must be completed no later than September 14,2022, Conservation staff must be notified prior to the start of work. • John Weaver, 37 Court Street expresses concerns that the fill will detract from the value of his home. • Mr. Hale states this does not fall within the NACC jurisdiction; they do not deal with visual impacts. • Mr.Napoli requests the homeowner be cognizant that water does not flow on to the abutting property. • A motion to amend the Enforcement Order to remove the fill from the 25-foot NDZ as discussed is made by Mr. Manzi, seconded by Mr. McDonough. • Vote 5-0,Unanimous. Documents 07-13-2022 Meeting Materials, 5-17-22 Photo of Backyard before violation, 5-17-22 photos of side yard before violation, 20220809 122013, Amended EO- 49 Court St. 7-13-22, Existing Conditions Plan 49 Court -August 2022 Enforcement OrderNiolation 40 Flagship Drive(DWT Holdings,LLQ • No update is provided. Documents n/a Adjournment • A motion to adjourn at 8:52 p.m. is made by Mr. Manzi, seconded by Mr. Mabon. • Vote 5-0,Unanimous. 2022-08-10 Conservation Commission Minutes