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Home My WebLink About2022-11-16 Conservation Commission Minutes Page 1 of 8 Approved 0112512023 North Andover Conservation Commission Meeting Minutes November 16,2022 Members Present: Joseph W. Lynch,Anthony Capachietti, John T. Mabon(acting chairman) and Ryan D. Hale Members Absent: Louis A.Napoli, Chairman, Sean F. McDonough and Albert P. Manzi, Jr.,Vice Chairman Staff Members Present: Amy Maxner, Conservation Administrator Meeting came to Order at: 7:00 p.m. Quorum Present. Pledge of Allegiance Acceptance of Minutes • The minutes for July 27,2022, September 28, 2022 and October 12, 2022 have not been reviewed. A motion to accept the minutes of October 26, 2022 as drafted is made by Mr. Mabon, seconded by Mr. Lynch. • Vote 4-0,Unanimous. Small Project NACC#299,64 North Cross Road (Ravenelle) • The Administrator states the proposal is for the installation of a playset,no excavation is required. A layer of weed fabric will be placed, a border installed and a layer of eco-friendly rubber mulch laid within the framed area. Two possible locations for the playset outside of the 50-foot NBZ within the existing lawn area are proposed. • Andrea Ravenelle,the Applicant states she will speak with her neighbor regarding option#1, option#2 is an alternative location. • Mr. Capachietti requests the fabric and mulch be removed if the playset is abandoned. • The Commission discusses the proposal and agrees either location is approvable under a Small Project permit. • The Administrator recommends issuing a small project"L"with conditions requiring pre and post construction inspections. • A motion to accept and approve this as a Small Project"L"with conditions as recommended and discussed is made by Mr. Lynch, seconded by Mr. Hale. • Vote 4-0,Unanimous. Documents 20221107 141634, 20221107 142354, Small Project Application with Supporting Materials 11 07 22 General/New/Old Business North Pump Station-Boat Ramp Rehab Conceptual Plan presentation (DPW) • Mr. Mabon states the Community Preservation Committee is seeking feedback from the NACC regarding the conceptual plan for the boat ramp rehab. • Bob Raferty,Environmental Partners presents the proposal to rehabilitate the boat launch which will remain a hand carry boat launch. The current design flips the parking and the boat rack areas,keeping them outside of the 25-foot NDZ within the disturbed footprint. The wall at the water's edge will be reconstructed and a curve added to provide a more natural shoreline feature. The boat launch will be constructed from pervious pavers and extended down to the low water level; work will be conducted below the waterline. A pervious paver filled gravel driveway and pervious paver filled grass parking area are proposed;pavers have not been selected. Rain gardens are proposed along the edge of the guardrail and in the middle of turnaround as stormwater treatment. All-natural vegetation restoration and native plants are proposed. • Mr. Hale questions if tree removal is proposed and if they have considered a living shoreline vs. an armored shoreline. Due to the location,he would like to see some educational(historic or environmental) signage. 2022-11-16 Conservation Commission Minutes Page 2 of 8 Approved 0112512023 • Mr. Raferty states the trees that have grown in/under the existing shoreline wall will need to be removed. They propose to plant more trees than what will be removed. They will consider the idea of a living shoreline in the evaluation. • Mr. Capachietti suggests widening the boat ramp to 10-ft with bollards as drop off area. He states that only approximately 50% of the users store boats on the boat racks. He suggests trash receptacles and a fishing line disposable be located at the site. He also reminds the applicant of Chapter 91 and 401 Water Quality permitting. • Mr. Lynch asks the height of the retaining wall, and if work will be below water line. Mr. Raferty states the wall will be at least 5'to 6' tall and work will be below the water line. • Mr. Mabon states that the retaining wall will be the most impactful aspect of the project and the Commission will need to see cross section details on it and construction sequencing. • The Administrator states the Order for the demolition of the pump station must be closed out prior permitting moving forward. Documents ConceptPlans NLakeCochichewickBoatLaunch, Cover Letter and Concept Plans -N. Lake Cochichewick Boat Launch, Renderings NLakeCochichewickBoatLaunch General/New/Old Business 242-1674,Request for Partial Bond Release, 121 Millpond Townhomes (F P Reilly and Sons,Inc.) • The Administrator provides background on the Order issued in March 2016. The bond was split$7,500 for the paving and$2,500 for mitigation plantings. The $7,500 bond was posted by the paving contractor. Recently the Commission denied a recent request by the Homeowner's Association for full COC due to the fact that the mitigation plantings were incomplete and the pond edge is heavily invaded with invasive species. There are no outstanding issues with the paving work,therefore the contractor is looking for a partial bond release. The Administrator recommends the $7,500 performance bond be released back to F P Reilly. • Mr. Hale would like to know the status of the outstanding issues. • The Administrator states all of the stormwater structures have been cleaned, she is waiting on bills of lading and invoices. Staff is currently reviewing the planting proposal provided by Essex Horticultural which she believes should be conducted via an Enforcement Order. • A motion to issue a partial bond release in the amount of$7,500 is made by Mr. Lynch, seconded by Mr. Capachietti. • Vote 4-0,Unanimous. Documents Formal Request for release of bond, Millpond submitted by F.P. Reillv Notice of Intent(NOI) 242-1787, 135 North Ramp Road(DeRosa) • The Administrator states a continuance is required. • A motion to continue to December 14,2022, is made by Mr. Lynch, seconded by Mr. Hale. • Vote 4-0,Unanimous. Documents n/a Notice of Intent(NOI) 242-1856, 9 Hawkins Lane(MDS Realty Trust) • The Administrator states a continuance is required. • A motion to continue to December 14,2022, is made by Mr. Capachietti, seconded by Mr. Lynch. • Vote 4-0,Unanimous. Documents n/a 2022-11-16 Conservation Commission Minutes Page 3 of 8 Approved 0112512023 Request for Determination of Applicability 1641 Salem Street(Rustum) • The Administrator states the Applicant is seeking after-the-fact permitting for partial deck rehabilitation and expansion; work is no closer to the wetland than the existing conditions. The excavated post hole material has been removed from the wetland. Per staff measurements the work is 93-ft from the BVW, and is outside of the 200-foot Riverfront Area to Boston Brook. No erosion controls are required. The Administrator recommends issuing a Negative Determination 43 with conditions requiring pre and post construction meetings,wetland markers, and a dumpster(if required)to be placed in the driveway. • No abutters are present. • A motion to close the hearing and issue Negative Determination#3 with conditions as recommended is made by Mr. Capachietti, seconded by Mr. Lynch. • Vote 4-0, Unanimous. Documents RDA Application with Supporting Materials 10 3122 Request for Determination of Applicability& Enforcement OrderNiolation 29 Blueberry Hill Lane(Givner) • The Administrator states the Applicant is seeking after-the-fact permitting for the replacement and expansion of the patio and the installation of a drainage system and fence. All of the work is outside of the 50-foot NBZ and the terminal end of the drain pipe is 59-feet from the BVW. • David Givner the Applicant states they are trying to direct the water away from the house due to water issues. The dry well quote from the contractor was more than expected. He questions whether the Commission could offer any other alternatives options. • The Commission reviews the proposal and agrees a dry well is not required. They request the Applicant install a 4-in x 10-ft perforated pipe with silt sock and 3/a-in clean crushed stone. The terminal end should daylight to a 2x2 splash pad at 4-in minus, 6-in deep minimum to prevent scour. • Mr. Givner expresses concerns that waiting until the next meeting will cause additional delays in the project. • The Administrator states the erosion controls are in and are functioning. • The Commission agrees to modify the EO to allow the work to move forward. This is contingent on the Applicant providing a sketch for the prescribed drainage as discussed with the Administrator for the record and the Commission will review at the December 14th meeting under the RDA. • No abutters are present. • A motion to amend the Enforcement Order as discussed is made by Mr. Lynch, seconded by Mr. Hale. • Vote 4-0,Unanimous. RDA Documents Plans and sketches, RDA Application with Supporting Materials 11 01 22 EO Documents 10-26-2022 Meeting Materials, Town of North Andover Mail-29 Blueberry Hill Lane Cease&Desist Request for Determination of Applicability 32 Ashland Street(Vailante) • The Administrator states the proposal is for the removal of the rear roof and creation of a second story addition. Work will be performed manually, construction materials and dumpster will be placed in the driveway,no ground disturbance is proposed. No erosion controls are required. The rear of the home is outside of the Buffer Zone but within the 200-foot Riverfront to Merrimack River, 121-feet from bank. • Gerrima Vailante, the Applicant is present. • The Administrator recommends issuing a Negative Determination#2 with conditions requiring pre and post construction meetings and a dumpster to be stored in the driveway. • No abutters are present. • A motion to close the hearing and issue Negative Determination #2 with conditions as recommended is made by Mr. Lynch, seconded by Mr. Capachietti. 2022-11-16 Conservation Commission Minutes Page 4 of 8 Approved 0112512023 • Vote 4-0,Unanimous. Documents 32 Ashland GIS aerial, RDA Application with Supporting Materials 1103 22, 32 ASHLAND_ST - ANDOhER_Structural 8-17-2022 Fri Aug_19_2022_I5-04-00, Modification 242-1834,35 Hollow Tree Lane(Nugent) • The Administrator provides background on the Order issued in January 2022. The work on the septic system was completed,the gravel removed and plantings installed within the 25-foot NDZ. The Applicant is seeking a modification to demolish the existing rear deck and stairs and constructing a new three season porch, deck and stairs. The new structures will be supported by either diamond piers or sonotubes within the existing lawn or landscaping areas. A formal waiver request has been submitted. The proposed conditions will be slightly further away from the wetland than the existing deck. The house was constructed 1978,predating the bylaw. A pre construction meeting is required to review the erosion controls. • Greg Hochmuth, Williams & Sparages states the proposal is 118-sq. ft. of structure vs. the existing 120-sq. ft. within the 50-foot NBZ, including the stairs. They are seeking permission for both diamond piers or sonotubes since they are unsure what will be required by the Building Inspector. Erosion controls are depicted on the plan. • Mr. Lynch requests they consider a drip line or gutters around the roof line to control the runoff. • Mr. Hochmuth states a drip line is preferred. • Mr. Hale asks that moving forward mitigation be discussed in the waiver worksheet. He states that he would consider reduced square footage and additional distance from the wetland as mitigation. • The Commission discusses the proposal and whether or not a waiver request is required. The findings of fact shall reflect that the work is further away and reduced in the 50-foot NBZ. Erosion controls and drip edges are required. • A motion to grant a waiver of the 50-foot NBZ to perform the work on the deck area and three season porch is made by Mr. Lynch, seconded by Mr. Hale. • Vote 4-0,Unanimous. • A motion to approve the Modification as proposed with additional conditions as discussed is made by Mr. Lynch, seconded by Mr. Hale. • Vote 4-0,Unanimous. Documents 35 Hollow Tree-Modification Plan, 35 Hollow Tree Lane-Modification Request, Waiver Request Request for Determination of Applicability 10 Commerce Way(Prestige Car Wash Realty,LLC) • The Administrator states the proposal is for the removal of the existing five(5)vacuums in the paved parking area and installation of seventeen(17)new vacuums,with overhead vacuum lines and underground electrical. Small trash receptacles will be attached to the vacuums and are proposed to be emptied daily. Two concrete pads at the entrance and exit to the car wash will be replaced. Wetland markers are required. All work is within the existing paved area,no change in footprint is proposed. • Devon Morse, Hancock Associates states some concrete replacement patch work is required. The wetlands are right up against the existing retaining wall and wrap around the property. The wetland line lines up and is in good shape. • The Administrator states the area is no longer within the habitat of the Blanding's Turtle. A signed contract was provided for the anticipated cleaning of the catch basins and vortec unit. • Mr. Lynch expresses concerns with the proposal as vacuums were not permitted along the back line under the prior Order due to the cleanout,trash and litter in proximity to the wetland. • The Commission discusses the proposal and takes into consideration that they are proposing a different system and that each vacuum will have a clip-on trash receptacle. They request no dumping/littering signage to be placed on the chain link fence. Trash receptacles must be emptied daily. The redline on the plan depicts 2022-11-16 Conservation Commission Minutes Page 5 of 8 Approved 0112512023 the placement for the proposed erosion control. Stormwater structures shall be cleaned prior to the start of work. • The Administrator states wetland markers should be installed every 30-ft where appropriate. • The Applicant offers to install an enclosure around the dumpster. • The Commission agrees while this is not required it would be a positive feature to prevent trash from escaping. • The Administrator recommends issuing a Negative Determination 43 with conditions requiring wetland markers,no dumping signs,bills of lading for stormwater structure cleaning, dumpster enclosure, excavated materials to be immediately removed from the site,trash receptacles to be emptied daily and pre and post construction meetings. • No abutters are present. • A motion to close the hearing and issue Negative Determination#3 with conditions as recommended and discussed is made by Mr. Hale, seconded by Mr. Lynch. • Vote 4-0,Unanimous. Documents 20221024 Prestige Car Wash_Site Plan_26562, 20221111_Prestige Car Wash_Site Plan_26562, A. Maxner -Email Application Review Comments, RDA Complete, Service Pumping Contract Certificate of Compliance 242-1835,328 Campbell Road(Hickey) • The Administrator provides background information on the Order issued in March 2022. A site visit was conducted and the site is stable and erosion controls have been removed. • A motion to issue a full and final Certificate of Compliance is made by Mr. Lynch, seconded by Mr. Capachietti. • Vote 4-0,Unanimous. Documents 242-1835 Engineer Cert Letter- 328 Campbell, 20220707 328 Campbell Road Septic As-Built Rev.1 (22520 AB) Certificate of Compliance 242-17,Partial COC Request, 70 Bridle Path(Lot 32) (Tilley) • The Administrator states the house was not constructed under this Order. It was constructed later under OOC #242-1054,which received a full and complete COC. • A motion to issue a Partial Certificate of Compliance is made by Mr. Hale, seconded by Mr. Capachietti. • Vote 4-0,Unanimous. Documents COC Request- 70 Bridle Path 10 28 22 Certificate of Compliance 242-1805, 115 Ogunquit Road,Lot 4 (RDM 734 Boxford St LLC) • The Administrator provides background information on the Order issued in April 2021. A site visit was conducted and the site is stable and erosion controls have been removed. Some minor deviations from the original plan have been noted. • Mr. Hale states he believes the deviations are a net improvement. • Ben Osgood,Ranger Engineering is present for questions. • A motion to issue a full and final Certificate of Compliance is made by Mr. Capachietti, seconded by Mr. Lynch. • Vote 4-0,Unanimous. Documents 2022-11-16 Conservation Commission Minutes Page 6 of 8 Approved 0112512023 2022-10-31 OGUNQUIT ROAD AS BUILT PLAN, 2022-11-14 OGUNQUIT ROAD AS BUILT PLAN, 20221017_144421,20221017_144641, 20221017 144644,Approved Plan Lot 4 Septic Design Rev 3.22.2021, COC REQUEST 242-1805- 115 OGUNQUIT ROAD Certificate of Compliance 242-1806, 734 Boxford Street,Lot 9 (RDM 734 Boxford St LLC) • The Administrator provides background information on the Order issued in April 2021. A site visit was conducted and the site is stable and erosion controls have been removed. Minor deviations resulting in decreased footprints in the Buffer Zone were noted. • Ben Osgood,Ranger Engineering is present for questions. • A motion to issue a full and final Certificate of Compliance is made by Mr. Hale, seconded by Mr. Lynch. • Vote 4-0, Unanimous. Documents 2022-10-31 OGUNQUIT ROAD AS BUILT PLAN, 2022-11-14 OGUNQUIT ROAD AS BUILT PLAN, CDC REQUEST 242-1806- 734 BOXFORD STREET Certificate of Compliance 242-862,Partial COC Request, 115, 116 Ogunquit Road & 734 Boxford Street(RDM 734 Boxford Street LLC) • The Administrator provides background on the Order issued in December 1997. No PCOC's or COC's have been granted for this Order to date. The Applicant is requesting a Partial COC to release these three(3) lots from the original OOC for the subdivision,none of these lots contain replication areas. Both 115 Ogunquit and 734 Boxford were constructed under subsequent Orders which have received COC's. The construction of 116 Ogunquit is outside of ConCom jurisdiction. • Ben Osgood,Ranger Engineering states the request is to clean up property titles. These will be the first three lots to be granted PCOC's from the parent subdivision Order. He believes that most of the lots were developed under individual subsequent Orders. • The Commission discusses the request. • A motion to issue a Partial Certificate of Compliance for Lots 3, 4 and 9 is made by Mr. Hale, seconded by Mr. Capachietti. • Vote 4-0,Unanimous. Documents 2022-10-31 OGUNQUIT ROAD AS BUILT PLAN, COC REQUEST 242-0862 OGUNQUIT ROAD ORIGINAL ORDER Certificate of Compliance 242-1433,Partial COC Request, 734 Boxford Street& 116 Ogunquit Road(RDM 734 Boxford Street LLC) • The Administrator provides background on the Order issued in August 2009. The water main runs through four(4)lots, 115 & 116 Ogunquit Road and 734 Boxford Street. Although the request is for a Partial Certificate of Compliance the Administrator recommends issuing a full and final Certificate of Compliance. The water main was completed in 2009. The file contains notes from the previous Administrator(Jennifer Hughes)regarding a post construction meeting with Peter Breen and Greg Hochmuth. At the time it was recommended that Mr. Breen move forward with a request for a COC. • Ben Osgood,Ranger Engineering states a Partial COC was requested to clear the title,his client was not responsible for the installation of the water main. The water line is complete and operable. • The Commission discusses how they would like to proceed with the request. • A motion to issue a full and final Certificate of Compliance is made by Mr. Hale, seconded by Mr. Capachietti. • Vote 4-0,Unanimous. Documents 2022-11-16 Conservation Commission Minutes Page 7 of 8 Approved 0112512023 2022-10-31 OGUNQUIT ROAD AS BUILT PLAN, Approve Plan 242-1433, coc request 242-1433 ogunquit road water line Certificate of Compliance 242-1739,Rea Street Subdivision(RDM Rea St LLC) • The Administrator states a continuance has been requested. • A motion to continue to January 25, 2023,is made by Mr. Lynch, seconded by Mr. Hale. • Vote 4-0,Unanimous. Documents Email from bos Poodle requesting a continuance until 01125123 Certificate of Compliance&Enforcement Order 242-1799,243 Great Pond Road(Windhill Builders) • The Administrator provides background on the Order issued in February 2021. An EO was issued during the project which resulted in a revised plan returning the site back to compliance with the CR. During this time the Commission also approved modifications to the layout of the koi pond,hardscape and plantings. The fence was eliminated from the plan and native plants installed. The corners and apex points of the CR are monumented as required by the NACC. A site visit was conducted, the site is stable, erosion controls have been removed and wetland markers installed. • William Hall, Civil Design Consultants is present on behalf of the Applicant. • A motion to lift the Enforcement Order is made by Mr. Capachietti, seconded by Mr. Lynch • Vote 4-0,Unanimous. • A motion to issue a full and final Certificate of Compliance is made by Mr. Capachietti, seconded by Mr. Hale. • Vote 4-0,Unanimous. Documents 20-10239-As-Built, 20221108_081218, 20221108 081508, 20221108_081558,Approved Revised Plan. 03- 25-22, image001, image002, image003, L_102722 NACC Enforcement Order/Violation 35 Peterson Road(Sun) • The Administrator provides background information on the Enforcement Order. The wood chips,non-native vegetation and other materials have been removed. The 15-foot NDZ has been demarcated with a stone wall and some native plants installed. The Field Inspector conducted a site visit and recommended fall seeding be performed to see what woody vegetation takes. He reported that the homeowner did a fabulous job restoring the areas of impact. Heavy seeding is recommended in the areas with Purple Loosestrife. The Administrator recommends amending the EO to allow for fall seeding and staff visit in September 2023 to determine if additional shrubs are required. Wetland markers will be installed under the guidance of staff. • Liping Sun,the homeowner is present. • The Commission requests the seeded areas be top dressed with straw to provide stabilization. • A motion to amend the Enforcement Order as discussed is made by Mr. Lynch, seconded by Mr. Hale. • Vote 4-0,Unanimous. Documents 05-25-2022 Meeting Materials, 20221115 111225, 20221115_112052, 20221115 112237, 20221115_112322, 20221115_112708, NEWP roadside-wet-meadow seed mix, Peterson Rd 35 Ratified EO FINAL Enforcement OrderNiolation 657 Salem Street(Landers) • The Administrator states the wetland was delineated and a restoration plan submitted as required in the EO. Six(6)native Red Twig Dogwoods planted by the homeowner have been incorporated into the plan.Prior to seeding/planting the leaf litter and non-native plants along the edge of the wetland must be removed. Wetland 2022-11-16 Conservation Commission Minutes Page 8 of 8 Approved 0112512023 markers must be installed at the edge of the lawn. Staff requests that the Red Maple proposed between WF 3A and 4A,be relocated to between WF 4A and 5A. The Administrator expresses concerns that the Asiatic Bittersweet and wild grape vine will resprout. • Sean Landers,the homeowner states he removed approximately 70%of the Asiatic Bittersweet and wild grape vine. • The Commission discusses the restoration plans and agrees to allow manual removal of invasive plants to prevent competing with the restoration plantings but will not order or require long term or more aggressive invasive management. Restoration planting and wetland markers must be installed no later than May 31, 2023. A follow up inspection will be conducted in September 2024 to verify 75%plant survivorship. • A motion to amend the Enforcement Order as discussed is made by Mr. Hale, seconded by Mr. Lynch. • Vote 4-0,Unanimous. Documents 09-14-2022 Meeting Materials, 10-12-2022 Meeting Materials, Maps (1), Norse Planting Plan, Wetland Restoration Plan Enforcement OrderNiolation 350 Sharpners Pond Road(Perdomo) • Greg Hochmuth, Williams & Sparages states work was conducted within the Buffer Zone without knowledge that permitting was required. A site visit was conducted and it was determined there is an IVW which appears to be functioning as a vernal pool. The wetland is located off site. Activities include grading, shrub removal, installation of a boulder rip rap wall and construction of a shed.No work was conducted beyond the prior limit of work other than the removal of some small shrubs. The shed is approximately 50-feet at its closest point to the vernal pool. The homeowners understand the shed is not allowed in its current location due to the NBZ as well as the sideline setbacks required by the ZBA. A survey has not been conducted to determine a new suitable location for the shed. The wetland boundaries have been reviewed with the Field Inspector and erosion controls are in place. • The Commission discusses the violation and agrees to issue an Enforcement Order. The EO will require the work to continue to cease and desist, a restoration planting plan to be submitted by the 2nd meeting in January for review by the NACC,plantings to be installed no later than May 31, 2023 and the shed to be depicted on a plan outside of the 75-foot NBZ. • A motion to continue to issue an Enforcement Order as discussed is made by Mr. Hale, seconded by Mr. Lynch. • Vote 4-0,Unanimous. Documents 20221114_133451, 20221114 1336OZ 20221114 133701, 20221114 133724, Violation Letter- 350 Sharpners Pond Mr. Lynch moves to adjourn the regular meeting,then enter into Executive Session pursuant to M.G.L. chapter 30A, Sec. 21(a)(6) -to consider the purchase or value of real estate,without returning to regular meeting. Seconded by Mr. Hale. A roll call vote is taken: Mr. Hale-yes Mr. Capachietti -yes Mr. Lynch-yes Mr. Mabon -yes None opposed 9:39p.m. The Commission enters into Executive Session,not to return to the regular meeting. 2022-11-16 Conservation Commission Minutes