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Home My WebLink About2023-01-11 Conservation Commission Minutes Page 1 of 7 Approved 0210812023 North Andover Conservation Commission Meeting Minutes January 11,2023 Members Present: Sean F. McDonough, Joseph W. Lynch, Louis A.Napoli, Chairman and Albert P. Manzi, Jr., Vice Chairman, Ryan D. Hale Members Absent: John T. Mabon and Anthony Capachietti 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, October 12, 2022&November 16,2022 have not been reviewed. A motion to accept the minutes of September 28, 2022 as drafted is made by Mr. Manzi, seconded by Mr. McDonough. • Vote 5-0,Unanimous. General/New/Old Business LWM Stream Channel,Maintenance Discussion(Lawrence Airport Commission) • The Applicant has withdrawn their request for discussion without prejudice. Notice of Intent(NOI) 242-1787, 135 North Ramp Road(DeRosa) • The Administrator states a continuance is required. • A motion to January 25,2023 is made by Mr. Manzi, seconded by Mr. McDonough. • Vote 5-0,Unanimous. Documents n/a Notice of Intent(NOI) 242-1856, 9 Hawkins Lane(MDS Realty Trust) • William Dufresne, Merrimack Engineering Services states the parcel was fully permitted in the early 2000's with an OOC,BOH septic system approval and Planning Board common Driveway Special Permit. All approvals have since lapsed; no work occurred. Proposed work is within 100-foot Buffer Zone to BVW,200- foot Riverfront to Boston Brook and NHESP habitat for Blandings Turtle.NHESP reviewed and approved the proposal requiring a turtle protection plan. He provides background on the EO issued in 2006 for the construction of a culvert due to beaver activity. A site visit was conducted by the Administrator and Commissioner Hale. The limit of water was investigated by Norse Environmental; a report and stream stats were provided that indicate a pond condition rather than riverine. Work within the 100-foot Buffer Zone consists of a 200-LF. driveway and a small portion(194-sq ft) at the beginning of the driveway within the Riverfront Area. Proposed BMPs include a roof infiltration system and a grass lined infiltration trench along the up-gradient side of the driveway throughout the Buffer Zone. • Mr. Hale explains why the pond on the eastern portion of the property should not be characterized as a pond regardless of USGS topo mapping. He states the report provided by Norse Environmental pertains to the mapped USGS pond not the area that was in question during the site visit. He requests additional information regarding vegetated terrestrial versus open water in the area which was discussed during the site visit. • Mr. Dufresne states he will follow up with Norse Environmental regarding Commission Hale's concerns. He states the project is still under the 10%threshold even if the pond is determined to be a river.No potential Vernal Pools were observed during the site inspection. • Mr. Lynch states it is important that the resource area is defined appropriately. He expresses concerns with a shed located within the 25-foot NDZ. 2023-01-11 Conservation Commission Minutes Page 2 of 7 Approved 0210812023 • Mr. Dufresne states the Violations have been brought to the attention of the Applicant.No waivers have been requested for the proposed project. The driveway and underground utilities are proposed between the 25-foot NDZ and 50-foot NBZ. The septic system design was approved by the BOH. The portion of the driveway to be constructed for the home is individual. They propose to expand the common driveway to accommodate construction parking. The Planning Board approved the common driveway portion via special permit which was recorded with the deed of the property and was already constructed. • The Commission discusses the driveway and agrees an alternatives analysis must be provided since it is within the 50-foot NBZ. They request the consultant check with the Planning Board to ensure no action is required. They direct the Applicant to address the shed and debris in the wetland prior to the next meeting. A revised plan must be submitted showing the wetland flags as observed in the field during the last site visit. • No abutters are present. • A motion to continue to January 25,2023 is made by Mr. Lynch, seconded by Mr. Manzi. • Vote 5-0, Unanimous. Documents 01-04-23 Detail Plan Sheet 2 of 2 - 9 Hawkins, 01-04-23 Plan Sheet 1 of 2- 9 Hawkins, 9 Hawkins Boston Brook GISMaps from B. Dufresne, 9 HAWKINSLN. Proposed Site Plan Rev. 11-30-22, 9 Hawkins NOI, 9 Hawkins Riverfi ont Alternatives Analysis.doc- Google Docs, 9 Hawkins Wetland Report, 9 Hawkins WP, DEP BVW field data forms, DRAFT Turtle Protection Plan, Email-NHESP Approval of TPP, EO Beaver, NorthAndover_22-41403, Sept. 2000 Hawkins Lane, StreamStats Report-Pond Letter attachment, USGS Equation for Estimating Bankfull Channel-Pond Letter attachment Notice of Intent(NOI) 242-1859, 0 Turnpike Street(Middleton Farms,LLC) • Chris Sparages,Williams& Sparages states that due to the location of the property a NOI has been submitted in both North Andover and Middleton. Applications were filed with the North Andover Planning Board and Middleton Zoning Board. The proposal consists of grading,parking and driveway to service an industrial building. The North Andover portion of the parcel does not include street frontage. The larger portion of the building will have a loading dock on the west side. Parking will be located between the buildings with a circular drive pattern around the building. There will be no town water or septic system on the North Andover side. An overview of the stormwater management system is provided. Third-party peer review will be conducted by TEC. The site will be brought up above the existing grade approximately 7-8 ft,no ledge excavation is expected.No waivers are required. • Greg Hochmuth, Williams & Sparages states a valid ORAD (DEP#242-1741)was issued in March 2019. He describes the resource areas and buffer zones which will impact the project. • Mr. Manzi expresses concern with the fill material that has been brought in thus far. He states the NACC has a very strict condition which requires a certificate of origin for all fill within the 100-foot Buffer Zone. • Mr.Napoli requests groundwater elevations and questions if a 21E report was provided. • Mr. Sparages states some of the fill brought in came from another client's subdivision projects(River Street, Middleton&77 Elm Street,North Reading). The soils from North Reading are glacial type soil consisting of sand and gravel and the soils from Middleton are native soil and contain more silt. Deep hole tests were performed to determine the suitability of the soil's depth to groundwater;this information was provided in the stormwater report. Estimated seasonal high groundwater varies from 36-inches, 38,45 to 55 inches below the existing grade. • Mr. Hochmuth states the groundwater is very high on the Isolated Wetland and becomes deeper where the soil gets better. During the ANRAD process an LSP was brought in to review discolored water and it was determined to be iron oxidizing bacteria. The boulders and posts required by the NACC to be installed by the previous owner were placed in the wrong location. These will be placed in the correct location and identified on the plan. A restoration plan will be provided for this area. • The Administrator states the boulders and post were to be placed at the edge of vegetation not the following of the 25-foot NDZ exactly. 2023-01-11 Conservation Commission Minutes Page 3 of 7 Approved 0210812023 • Mr. Lynch requests additional subsurface exploration to determine whether it is suitable for infiltration. He expresses concerns with the level of infiltration proposed and a possibility of breakout along the proposed steep graded slopes to the north of the proposed building. Snow stockpiling must be depicted on the plan. • Shirley Cabral,2106 Harvest Drive expresses concerns with start time, storage of hazardous fuel,vehicle fumes, clearing of trees and the types of businesses that will occupy the spaces. • Mr. Lynch states the NACC jurisdiction is limited to the wetlands and the areas around it. • A motion to continue to February 8, 2023 is made by Mr. McDonough, seconded by Mr. Manzi. • Vote 5-0,Unanimous. Documents 0 Turnpike Street-Notice of Intent, 336 North Main Street-Notice of Intent, 221118 TEC Traffic_SPR_& Swm Review#1, 221118_TEC_Zoning-Storm water Regs Review 41, Email-NA Conservation Staff Site Observations, Enforcement Order&Plan Review Comments, SPnmain#33 6(submittal)(STAMPED& SIGNED), Storm water—Report Enforcement OrderiViolation 242-1859, 0 Turnpike Street(Middleton Farms,LLC) • The Administrator states they became aware that fill was being imported to the site during a recent site visit. The fill created a ravine,taking runoff with sediment from the site through the ravine and out to the BVW. Although the activity was outside of jurisdiction the conveyance became jurisdictional. An EO was issued requiring erosion controls and a temporary sediment basin plan. • Mr.Napoli stresses the importance of stockpiling all fill material outside of the Buffer Zone. • Mr. Lynch states a SWPPP must be filed with the EPA. • Chris Sparages,Williams& Sparages states immediate action was taken and temporary erosion controls installed. An analysis was done to determine an appropriate size for a siltation basin and shared with Conservation staff; the site contractor was instructed to create the siltation basin. Several check dams were created downstream and additional erosion controls installed. • Greg Hochmuth, Williams & Sparages states there was no evidence of sediment but turbid water was observed during the site visit, no film was visible. • The Commission discusses the Violation and agrees that the Applicant must cease and desist, stabilize the site, stop the migration of water, file a SWPPP with the EPA and report back to the Commission at the first meeting in February. • A motion to modify the Enforcement Order as discussed is made by Mr. Lynch, seconded by Mr. McDonough. • Vote 5-0,Unanimous. Documents 20230111 095727, 20230111 095841, 20230111 095911, 20230111 100009, 20230111 100038, 20230111_100053, 20230111_100359, 20230111_101058, Enforcement Order- 0 Turnpike 12-07-22 Notice of Intent(NOI) 242-1860,290 Stevens Street(Lawlor) • Greg Hochmuth, Williams & Sparages states the project consists of razing the existing dwelling and constructing a new single-family home. The proposed dwelling will be larger than the existing home; no waivers have been requested. He describes the resource areas and proposed erosion controls. Per the recommendation of Staff, a stone apron and stone berm be installed to help prevent sediment from entering Steven's Pond. The driveway will be larger than the existing driveway to service the three garage bays. Dewatering and stockpile locations are depicted on the plan. • Corey Lawlor,the Applicant is present. • Mr. Hale questions if vehicles will be driving over the existing 18-inch CMP which runs through the property. • Mr. Lynch questions if a Town easement for the pipe was ever considered. He suggests speaking with the homeowner and Town regarding the possibility of an easement. 2023-01-11 Conservation Commission Minutes Page 4 of 7 Approved 0210812023 • Mr. Hochmuth states he does not know if an easement was ever considered. He is unsure of the depth of the pipe; minor grading is proposed. • Mr. McDonough expresses concerns with the amount of impervious area proposed. • Mr. Hochmuth states the property does not allow the opportunity for infiltration. • The Commission discusses the proposal and requests a construction entrance be shown on the plan prior to pre-construction. The dewatering area must be constructed and functioning prior to construction. • Gerald Brecher,488 Pleasant Street states he is in favor of the proposal. • A motion to close and issue in 21 days is made by Mr. Manzi, seconded by Mr. McDonough. • Vote 5-0, Unanimous. Documents 290 Stevens Street-Notice of Intent Plan, 290 Stevens Street-Notice of Intent, Extension NOI 21 Day-290 Stevens Street, Maps, Narrative 290 Stevens Notice of Intent(NOI) 242-xxxx, 1000 Johnson Street(Remade LLC) • The Administrator provides background on the property. Resource areas consist of an IVW(right side of the house) and BVW(back of house). The proposal consists of installation of natural gas, farmers porch, replacing and enlarging the rear deck,walkways, drywell, gutters,heat pump, generator, in-kind bulkhead door replacement, exterior garage stairs, driveway rehab including stone expansion and permeable paver aprons. The existing shed must be relocated, a new location has been determined outside of the 50-foot NBZ. • Mr. Hale questions the need for the farmers porch • Glenn Kennedy,Remade LLC states the size of the farmers porch will be reduced from 7-ft to 6-ft and the pitch of the roof increased. He believes installing gutters and the farmers porch will capture more roof runoff and direct it away from the house to the drywell. • The Commission discusses the proposal and provides feedback on what is permissible. All new work must remain outside of the 25-foot NDZ and 50-foot NBZ.Waivers may be requested with an alternatives analysis. They agree that pea stone may not be used and recommend 3/4-inch stone or dense graded gravel. The generator should be located farthest away from the wetland near the gas line. • No abutters are present. • A motion to continue to January 25, 2023 is made by Mr. McDonough, seconded by Mr. Manzi. • Vote 5-0,Unanimous. Documents 1000 Johnson Wetland Survev LeBlanc Updates opt 011122, 1000 Johnson Wetland Survey LeBlanc Updates, Complete NOI Scanned- 1000 Johnson, Entail- G. Kennedy Project Activity List, Plans Existing and Proposed- 1000 Johnson Request for Determination of Applicability&Enforcement Order/Violation 29 Blueberry Hill Lane(Givner) • The Administrator provides background on the request heard at a previous meeting. Due to extenuating circumstances an EO was issued for the work to continue and stabilized the site. The trench work required by the NACC was completed prior to the holidays and is functioning well. • David Givner,the Applicant states all of the work has been completed and erosion controls remain in place. • The Administrator recommends lifting the EO and issue a Negative Determination#3 with conditions requiring a post construction meeting once the site is stable to remove erosion controls. • No abutters are present. • A motion to lift the Enforcement Order and close the hearing and issue Negative Determination #3 with conditions as recommended is made by Mr. Manzi, seconded by Mr. McDonough. • Vote 5-0,Unanimous. Request for Determination of Applicability Documents 11-16-2022 Meeting Materials, 20221220 083402, 20221220_083406, Pipe, Splash Pad and trench details, Pipe, Splash Pad and trench plan view 2023-01-11 Conservation Commission Minutes Page 5 of 7 Approved 0210812023 Enforcement Order/Violation Documents 10-26-2022 Meeting Materials, 11-16-2022 Meeting Materials,Amended EO 29 Blueberry Hill Lane- 11-16- 22 Request for Determination of Applicability 30 Gray Street(Matthews) • The Administrator states the filing is for an after-the-fact propane tank. Based on staff measurements,the tank is located within the 50-foot NBZ, approximately 26-feet from the BVW. Per the NA Fire Department site inspection,this is the only location which met the code requirements, email documentation was provided. No excavation was required for the installation of the pad. • James Matthews,the Applicant states the propane tank was installed as an additional heat source. • No abutters are present. • A motion to close the hearing and issue a Negative Determination#3 is made by Mr. Manzi, seconded by Mr. Hale. • Vote 5-0,Unanimous. Documents 30 Gray St Propane Tank, RDA Application with Supporting Materials 1128 22 Request for Determination of Applicability 674 Salem Street(Hanson) • The Administrator states the proposal is for a shed located outside of the 50-foot NBZ. Based on staff measurements the shed will be 82+-ft from the Intermittent Stream which contains no BVW. The shed will be supported by 12-inch sono tubes that will be hand dug,no vegetation removal is required. Electrical service will be run to the shed via a trench from the existing house. The Administrator recommends issuing a Negative Determination#3 with conditions requiring erosion controls,pre and post construction meetings. Excess fill may be used to fill low spots in the lawn but must remain outside of the 25-foot NDZ. • Eric Hanson,the Applicant is present. • No abutters are present. • A motion to close the hearing and issue a Negative Determination#3 with conditions as recommended is made by Mr. Manzi, seconded by Mr. McDonough. • Vote 5-0,Unanimous. Documents RDA Application with Supporting Materials 1128 22 Request for Determination of Applicability 1701 Osgood Street(Extra Space Properties 104 LP) • Michael Dryden,Allen Engineering& Associates, Inc. presents the proposal for a second storage building behind the existing building outside jurisdiction. A 16-ft cut into the hill will be required,test pits were conducted. Work includes decommissioning the existing septic system to connect to the new sewer main on Osgood Street. Work within the Buffer Zone will consist of the final leg (16-ft) of the sewer connection. Trench work will occur within the existing paved driveway, inlet protection around the structures in the immediate area are proposed. An application for site plan review has been filed with the Planning Department and the drainage system is being reviewed by Horsley Witten. • The Commission discusses the proposal and agrees action may be taken due to the scope of work located within the Buffer Zone. • No abutters are present. • The Administrator recommends issuing a Negative Determination#3 with conditions requiring pre and post 50construction meetings and all excavated materials shall be immediately containerized. • A motion to close the hearing and issue a Negative Determination#3 with conditions as recommended is made by Mr. Manzi, seconded by Mr. Hale. • Vote 5-0,Unanimous. 2023-01-11 Conservation Commission Minutes Page 6 of 7 Approved 0210812023 Documents RDA submission package 1701 Osgood Street 12-1-22 Certificate of Compliance 242-1706, 0 Rea Pond/224 French Farm Road (North Andover DPN ) • The Administrator provides background on the Order issued in July 2017 and Modified in September 2019. An EO was issued for erosion control issues near Rea's Pond; this has been resolved. The area is stable however after rain events the area becomes muddy. She suggests a boardwalk be installed in this stretch due to the creation of a pedestrian footpath, a possible project with FONAT. She recommends issuing a full and final COC. • Ken Carlson,Woodard&Curran, Inc. states the pipe size was increased in the 300-ft pipe section due to inadequate capacity. The section above it was not replaced since it was too costly and its capacity was deemed adequate. • A motion to issue a full and final Certificate of Compliance is made by Mr. McDonough, seconded by Mr. Manzi. • Vote 5-0,Unanimous. Documents 2022-12-12 LOT to Conservation,Attachment Map, COC PE Letter 12-12-22, Letter Request for COC 12-12- 22, Plan - Original and Mod pipe sections, wpafrm8a (3) Enforcement Order/Violation 219 Berry Street(Brooks) • The Administrator states the violation was discovered while reviewing an animal permit application on viewpoint. Both the patio and shed we constructed without Conservation approval. Both of these appear to be located within the 50-foot NBZ. She presents a sketch depicting the patio and shed.Norse Environmental was engaged by the homeowner to delineate the wetlands. She states that the shed is less than 100-s.f., and could possibly be outside the 50-foot NBZ. • Nathan Brooks the homeowner is present. • The Commission discusses the violation and agrees a new wetland delineation is not required. They feel the shed and patio are permissible since they are located inside the stone wall required by the NACC when the house was built. They caution the homeowner to contact the Administrator prior to conducting any work in the future. • A motion to allow the shed and patio to remain is made by Mr. Manzi, seconded by Mr. McDonough. • Vote 5-0,Unanimous. Documents 219 Berry Pics.docx- Google Docs, 219 BERRY STREET-As-Built Plan, 219 Berry Street- Violation Letter 12-7-22, N. Brooks Sketch over as-built Enforcement Order/Violation 40 Flagship Drive(DWT Holdings,LLC) • The Administrator provides a status report,noting that the violator appealed the fine tickets to the court. The Magistrate dismissed the fines. • Mr. Manzi states he would have appreciated the opportunity to attend the hearing with the Magistrate. • A motion to continue to January 25, 2023 is made by Mr. Manzi, seconded by Mr. McDonough. • 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, 10-27-2021 Meeting Materials,12-08-2021 Meeting Materials, 8th Amended EO- 40 Flagship Drive 02 10 22 Recorded, Magistrate Hearing Summary-Fine Ticket Appeal General/New/Old Business 2023-01-11 Conservation Commission Minutes Page 7 of 7 Approved 0210812023 242-1674, 121 Millpond Townhomes, Invasive Management Discussion (Millpond Homeowners Assoc.) • The Administrator states Essex Horticulture is an excellent organization and provided a proposal to Millpond Homeowners Association for proposed invasive vegetation management along the banks of Cochichewick Brook and section of Mill Pond. • The Commission discusses the request. • A motion to issue a letter allowing a 3-year Vegetation Management Plan is made by Mr. Manzi, seconded by Mr. Hale. • Vote 5-0,Unanimous. Documents Esser Horticultural Invasive Species Management Proposal, Herbicide Treatment Request General/New/Old Business Floodplain Bylaw-Proposed Amendments • The Administrator states that FEMA is currently updating the Essex County Maps and that additional language is required in the bylaw to remain compliant with NFIP. The Amendments proposed come directly from FEMA. The Town is required to formally designate a staff position as the FEMA Floodplain Manager and institute a floodplain permit among other revisions. The Floodplain Bylaw will continue to be a standalone bylaw. • A motion to endorse the Floodplain Bylaw Amendment is made by Mr. Manzi, seconded by Mr. Hale. • Vote 5-0,Unanimous. Documents Cover Memo to NACC 01-09-23, North Andover Floodplain Bylaw Amendments Powerpnt to PB, North Andover Floodplain Bylaw Amendments Powerpnt to PB, Strike Through Amendments Floodplain Bylaw DCR edits Adjournment • A motion to adjourn at 9:32 p.m. is made by Mr. Manzi, seconded by Mr. Hale. • Vote 5-0,Unanimous. 2023-01-11 Conservation Commission Minutes