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Home My WebLink About2022-07-27 Conservation Commission Minutes Page 1 of 5 Approved 0112512023 North Andover Conservation Commission Meeting Minutes July 27,2022 Members Present: Ryan D. Hale, Louis A.Napoli, Chairman,Albert P. Manzi,Jr., Vice Chairman and Anthony Capachietti Members Absent: John T. Mabon, Sean F. McDonough 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 • The minutes for the July 13, 2022 meeting are not ready for approval. • A motion to accept the minutes of June 22, 2022,is made by Mr. Manzi, seconded by Mr. Hale. • Vote 4-0,Unanimous. Notice of Intent(NOI) 242-1837, 1260 Salem Street(Czerepak) • The Administrator states a continuance has been requested. • A motion to continue to August 10, 2022,is made by Mr. Manzi, seconded by Mr. Hale. • Vote 4-0,Unanimous. Documents Email from iacksull5J�a)ccamcast.net requesting a continuance until 8110122 Notice of Intent(NOI) 242-1851,26 Long Pasture Road(Bhatnaga) • The Administrator states a continuance has been requested. • A motion to continue to August 10, 2022,is made by Mr. Manzi, seconded by Mr. Hale. • Vote 4-0,Unanimous. Documents Email from k arr cr�hancackassociates.cam requesting a continuance until 8110122 Notice of Intent(NOI) 242-1850,315 Turnpike Street(Merrimack College) • Felipe Schwarz, Capital Planning &Facilities at Merrimack College states they are proposing to install a prefabricated metal athletic equipment storage building. He describes the location for the new structure. • Jeffrey Koetteritz, VHB states they propose to remove some(1,500-sf) of the existing pavement and replace it with a 3,200-sf. storage building. A surface infiltration basin is proposed to provide water quality treatment and will serve as stormwater peal-flow mitigation as well providing water quality treatment. Utilities include underground electrical,telephone, gas lines and the building will be temperature controlled; there will be no water, drain or sewer services. The roof runoff will pitch off the north side of the building, a shallow perforated pipe is proposed to collect the runoff. • Klaire Gubler,VHB provides an overview of the wetland, the proposed work will be conducted within the 100-foot Buffer Zone to IVW and BVW. The project will not result in any temporary or permanent impacts to the wetland. Snow storage has been depicted on the plan per the Administrators request. • Mr. Capachietti requests that wetland Series 1 be evaluated for Isolated Land Subject to Flooding(ILSF) and Vernal Pool function. • Mr. Hale questions how they proposed to get the separation required for the infiltration,noting that a portion of the work is new development requiring compliance with the stormwater regulations. 2022-07-27 Conservation Commission Minutes Page 2 of 5 Approved 0112512023 • Mr. Koetteritz states they cannot guarantee they will get a 2-ft separation; historical test pit information is provided. The proposal will be heard by the Planning Board on August 9th, stormwater peer review has been engaged. • No abutters are present. • A motion to continue to August 10, 2022,is made by Mr. Manzi, seconded by Mr. Hale. • Vote 4-0, Unanimous. Documents _11625.25-MAC Storage Building- STAMPED[2022-07-07], 11625.25-Stormwater Management Report, HW I st Stonnwater Peer Review Merrimack Storage Bld, Imp. Surface Rendering, Maps and Photos - Storage Bld Merrimack College, NDI Merrimack College MAC Storage Building Request for Determination of Applicability 28 Jerad Place (Goldman) • The Administrator states the proposal is for the removal of three trees within the Buffer Zone for solar enhancement. All of the trees slated for removal are outside of the 50-foot NDZ to the vernal pool. Tree removal will be via a crane operated from the end of the driveway. The Administrator recommends issuing a Negative Determination#3 with conditions requiring pre and post construction meetings, stump grinding is prohibited, and a crane must be used for removal. The Applicant shall obtain permission from the abutter to remove trees which are located/straddle an abutting property. • A motion to issue Negative Determination#3 with conditions as recommended is made by Mr. Capachietti, seconded by Mr. Hale. • Vote 4-0,Unanimous. Documents 28 Jerad Place RDA Submission 0713 2022, GIS Sketch w-trees Request for Determination of Applicability 679 South Bradford Street(Weiner) • The Administrator states there are two Resource Areas containing vernal pools associated with the property, one across the street and one in the rear of the yard. The project entails installation of a fence at the rear of the property. The proposed fence is within the 75-foot NBZ,with a sizable portion within the 50-foot NDZ. The fence will have a 6-inch gap to allow for critter migration. A waiver request has been submitted for the fence and tree removal. The existing landscape bed at the front of the house will be replanted with new ornamental plants and mulch as well as removal of four(4)hazardous trees within the 50-foot NDZ, no stumping or grinding is proposed. A stockpiling area is proposed in the driveway, outside of the 75-foot NBZ. • Angie Allen,Downer Brothers Landscaping, states the fence will be placed at the edge of the existing lawn, with a gate on the front side of the fence with no access at the wetland side.No grading or stockpiling is proposed. The fence posts will be hand dug and excess soils removed. • The Administrator states the area between the lawn and wetland is densely vegetated with woody vegetation. • The Commission discusses the proposal and agrees the fence will function as a protective barrier between the yard and vernal pool. They agree to allow the removal of the failing tree within the manicured lawn(flush cut, no stumping or grinding) as well as removal of the failing trees at lawn edge(standing snags and other large woody debris to remain for habitat purposes). Enhancement plantings will be required as compensation; planting plan to be approved by the Administrator. • The Administrator recommends issuing a Negative Determination#3 with findings as discussed to grant the waiver, and conditions requiring pre and post construction inspections. Any imported soils are to be obtained from a responsible source, to avoid introducing the invasive Asiatic Jumping Worm.Plants must be visually inspected for worms; if found the plants must be removed and terminated. The mulch is to be all natural, free of any dyes. If worms are encountered the landscaper/Applicant is to inform the Conservation Department. • A motion to grant the waiver request for the fence and tree removal as recommended and discussed is made by Mr. Manzi, seconded by Mr. Hale. 2022-07-27 Conservation Commission Minutes Page 3 of 5 Approved 0112512023 • Vote 4-0,Unanimous. • A motion to issue Negative Determination#3 with findings and conditions as discussed is made by Mr. Manzi, seconded by Mr. Hale. • Vote 4-0,Unanimous. Documents 679 S Bradford RDA Submission 07-14-2022, Foundation Planting Sketch, Narrative and tree photos- 679 S. Bradford, Plan of Land, South Bradford Road 0817 92, Planting&Fence Plan Modification 242-1808,Beechwood Drive(Beechwood Drive,LLC) • The Administrator states supplemental materials have not been received; a continuance is required. • A motion to continue to August 10, 2022,is made by Mr. Manzi, seconded by Mr. Hale. • Vote 4-0, Unanimous. Documents 07-13-2022 Meeting Materials, Approved Plan C-4 and C-5 Beechwood, J Hill-Email listing Plan Changes 7-22-22, Outlet Structure 2 Revision Sketch-Beechwood 7-21-22, Revised Mod Plan- C-4 and C-5 Beechwood, Stormwater Calcs Mod-Beechwood 7-20-22 Certificate of Compliance 242-1535,2005 Salem Street(Zelnick) • The Administrator states a continuance has been requested. • A motion to continue to August 10, 2022,is made by Mr. Manzi, seconded by Mr. Hale. • Vote 4-0,Unanimous. Documents Email from Jacob Zelnick requesting a continuance until 8110122 Partial Certificate of Compliance 242-115, 147 Johnnycake Street(Carbone) • The Administrator states the request is for a Partial COC for 147 Johnnycake Street(lot 13). She provides background information on the Orders (state and local bylaw)issued in 1982. The Administrator states she was unable to locate the approved plans sets and there were no individual lot plans available for lot 13. Per Special Condition#18C, Lot 13 was allowed to proceed under this OOC as long as no alteration occurred within 25-ft of the wetland.Per site inspections and aerial GIS, the 25-foot NDZ is intact. • A motion to issue a Partial Certificate of Compliance is made by Mr. Manzi, seconded by Mr. Capachietti. • Vote 3-1, (In Favor: Hale,Manzi, Capachietti, Opposed: Napoli). Documents 2020 Aerial 147 Johnnycake, COC Request 0718 22 Enforcement OrderNiolation 40 Candlestick Road(Mather) • The Administrator provides background on the EO heard at a previous meeting. A surveyed existing conditions plan has been submitted. The previously approved limit of work from the old OOC was added to the plan per the Administrators request. A cease and desist was issued and the site is stable. • Rich Mather,the homeowner is present. • The Commission discusses the violation and agrees the EO required the homeowner to submit an NOI by August 27th for the work they are seeking approval for. The NOI will then be reviewed at a public hearing to determine what work will be allowed. They suggest possible enhancements within the 25-foot NDZ as mitigation. • No action is required. Documents 04-27-2022 Meeting Materials, Candlestick Rd 40 Site Visit Pics 04-22-22, 40 Candlestick Road-Amended Enforcement Order 04 29 22, 20220422_101458, 20220422_101918, 20220422_102254, 20220422_102435, 2022-07-27 Conservation Commission Minutes Page 4 of 5 Approved 0112512023 20220422_102451, 20220422_103354, Existing Conditions Plan - 40 Candlestick- 7-25-22, Final As-Built Lot 3- 40 Candlestick Enforcement OrderNiolation 242-1799,243 Great Pond Road (Boyko) • The Administrator states the site is in compliance,the contractor is getting the area ready to be planted. • A motion to continue to September 14, 2022, is made by Mr. Manzi, seconded by Mr. Capachietti. • Vote 4-0,Unanimous. Documents 01-12-2022 Meeting Materials, 07-13-2022 Meeting Materials, 11-22-2021 Meeting Materials, 12-08-2021 Meeting Materials Enforcement OrderNiolation 242-1581, 1055 Salem Street(Rodriguez) • The Administrator provides background information on the violation. • Sergio Bonilla,Mission Wetland& Ecological Services is present on behalf of the homeowner. A formal plan has been submitted for the restoration of the wetland and 25-foot NDZ. Test pit photos have been included; there is no evidence of excavation. Per the homeowner the opening on the southerly end of the wall was there when the house was purchased. All activities within the 25-foot NDZ will be discontinued. He proposes removing the Bradford pear trees,trunk pieces and dozer bucket and leaving the brush pile to serve as wildlife cover. Restoration plantings and seeding is proposed to be conducted in the fall under his guidance. Monitoring of the plantings will be conducted 1-year after the installation and findings to be reported to the NACC and remedial measures provided to the homeowner. • The Commission discusses the restoration plan and agrees an additional post must be added to the 25-foot NDZ; the brush pile is to remain to serve as wildlife cover. Trunk pieces/logs are to be moved to an area outside of the 25-foot NDZ. The restoration must be completed no later than May 30, 2023; 75%plant survivorship is required and monitored by the wetland consultant. • A motion to amend the Enforcement Order and approve the restoration plan as discussed is made by Mr. Manzi, seconded by Mr. Hale. • Vote 4-0,Unanimous. Documents 06-22-2022 Meeting Materials, 07-13-2022 Meeting Materials, 22-029 Rodriguez 1055 Salem St N. Andover MA Restoration Plan 20220726, Jeffco 1055 as built revised Enforcement OrderlViolation 40 Flagship Drive(DWT Holdings,LLC) • No update is provided 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, 10-27-2021 Meeting Materials, 12-08-2021 Meeting Materials Enforcement OrderNiolation Foster Street-Heating Oil Spill • No update is provided and the Chair states this will be continued 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, 07-13-2022 Meeting Materials General/New/Old Business 242-1707,Request for Extension, 285 Stevens Street(Lot 2) (Compass Properties) 2022-07-27 Conservation Commission Minutes Page 5 of 5 Approved 0112512023 • The Administrator provides background on the Order issued in August of 2017. A site visit was conducted; there is an encroachment into the 50-foot NBZ with a corner of the house. • John Morin, Morin-Cameron Group, Inc states at the time of the last extension the field data had just been finished;they had not reviewed the as-built data. He believes an amendment will be submitted this fall proposing additional mitigation. • A motion to grant a I-year extension is made by Mr. Manzi, seconded by Mr. Hale. • Vote 4-0,Unanimous. Documents Approved Plan 242-1707, Ext OOC Decision 242-1847, 161 Campbell Road(McCarthy) • The Administrator states due to a lack of quorum this item will not be heard. Decision 242-1849, 102 Penni Lane(Martin-Fernandes) • The Administrator reviews the drafted Order of Conditions. • The Commission discusses condition#43 regarding soil amendments and seed mix, additional language regarding seed mix will be added to the condition. The bond 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. Hale. • Vote 4-0,Unanimous. Adjournment • A motion to adjourn at 8:35 p.m. is made by Mr. Manzi, seconded by Mr. Capachietti. • Vote 4-0,Unanimous. 2022-07-27 Conservation Commission Minutes