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Home My WebLink About2023-02-08 Conservation Commission Minutes Page 1 of 4 Approved 0310812023 North Andover Conservation Commission Meeting Minutes February 8,2023 Members Present: Sean F. McDonough, Joseph W. Lynch, Louis A.Napoli, Chairman and Albert P. Manzi, Jr., Vice Chairman, John T. Mabon and Ryan D. Hale Members Absent: Anthony Capachietti Staff Members Present: Amy Maxner, Conservation Administrator Meeting came to Order at. 7:04 p.m. Quorum Present. Pledge of Allegiance Acceptance of Minutes • A motion to accept the minutes of January 11,2023, as drafted is made by Mr. Lynch, seconded by Mr. Manzi. • Vote 5-0,Unanimous. • A motion to accept the minutes of January 25, 2023, as drafted is made by Mr. Mabon, seconded by Mr. Manzi. • Vote 5-0,Unanimous. Notice of Intent(NOI) 242-1859, 0 Turnpike Street(Middleton Farms,LLC) • The Administrator states the Applicant has requested a continuance. • A motion to continue to February 22, 2023,is made by Mr. Mabon, seconded by Mr. Manzi. • Vote 5-0,Unanimous. Documents Email from cspara res sen Yineersx rn requesting a continuance until 2122123 Notice of Intent(NOI) 242-1863, 1000 Johnson Street(Remade LLC) • 7:05p.m. Mr. McDonough enters the room. • The Administrator states a revised plan eliminating the stairs at the rear of the garage has been received. The splash pad and garage end of the house remains within the 25-foot NDZ. • Glenn Kennedy,Remade LLC is present. • No abutters are present. • A motion to close and issue in 21 days is made by Mr. Manzi, seconded by Mr. Lynch. • Vote 6-0,Unanimous. Documents 01-11-2023 Meeting Materials, 01-25-2023 Meeting Materials, 1000 Johnson Wetland Survey LeBlanc Updates v9 Notice of Intent(NOI) NACC#301,81 Paddock Lane (Hamilton) • The Administrator provides background on the proposal heard at the previous meeting. The plan has been revised to show the shed relocated outside of the 50-foot NBZ and erosion controls reinforced as requested by the NACC. • Greg Hochmuth, Williams & Sparages states 50-sq. ft. of the shed is in the 50-foot NBZ within the lawn. Ariels showed the shed in this location as far back as 2012. Relocating the shed will require the alteration of 1,300-sq. ft. of wooded buffer zone. He believes some of the vegetation should be removed due the location of the leaching field. A waiver request for the shed has not been submitted.He requests the NACC reconsider 2023-02-08 Conservation Commission Minutes Page 2 of 4 Approved 0310812023 allowing the shed to remain. He reviews other possible locations for the shed outside of the 50-foot NBZ and explains why these would not be reasonable or feasible alternatives. • The Commission discusses the shed and agrees a waiver request and alternatives analysis must be submitted if the shed is to remain in its current location. Dewatering materials are required to be on hand if needed. • No abutters are present. • A motion to continue to February 22, 2023,is made by Mr. Manzi, seconded by Mr. Lynch. • Vote 6-0,Unanimous. Documents 01-25-2023 Meeting Materials, 81 Paddock Lane-Revisions, 81 Paddock Lane R3 Notice of Intent(NOI) 242-1862,Weir Hill,Hatch-Alewife Trail Improvements (TONA) • The Administrator states a"no take"letter was received from NHESP. The Applicant has requested to use a hand-held power auger to dig the post holes. • Greg Hochmuth, Williams & Sparages and Jean Enright,Planning Director TONA are present. • No abutters are present. • A motion to close and issue in 21 days is made by Mr. Manzi, seconded by Mr. Lynch. • Vote 6-0,Unanimous. Documents 01-25-2023 Meeting Materials, NHES Comment Letter 242-1862 Certificate of Compliance 242-634,Partial COC Request,85 Colonial Avenue(Lot 7A) (Castaldo) • The Administrator states the Applicant has requested to withdraw the request. • A motion to accept the withdrawal without prejudice is made by Mr. Manzi, seconded by Mr. McDonough. • Vote 6-0,Unanimous. Documents 01-25-2023 Meeting Materials, Town of North Andover Mail-Fwd 85 Colonial CofC Continuance Enforcement OrderNiolation 0 Turnpike Street(Middleton Farms,LLC) • The Administrator reviews a letter from Williams& Sparages providing an update on the site; they have not been contracted to conduct inspections under the SWPPP permit. The site is not completely stable at this time, as side slopes of the temporary sediment basin are not vegetated.No site changes have occurred since the basin was constructed. The basin is outside of the NACC's jurisdiction. She notes that no one from the Applicant's team could attend this evening. • The Commission discusses the site and agrees the Applicant is in violation of the Enforcement Order, as a certified monitor must be contracted and reports provided per the SWPPP. The Administrator is directed to send a letter to the Applicant letting them know they are not compliant, a response is required by February 22, 2023, or fines will be instituted. The NOI will not be heard until the site is brought into compliance. • No action will be taken at this time. Documents 01-11-2023 Meeting Materials Enforcement OrderNiolation 40 Flagship Drive(DWT Holdings,LLC) • The Administrator provides background on the existing Enforcement Order. She recommends rescinding the EO and issuing a new EO for 40 Flagship Drive to be recorded against the property deed requiring work to continue to cease and desist(erosion or runoff issues may be addressed)until an NOT is submitted, an OOC is issued and pre construction requirements are met. A second EO has been drafted to the downstream (85 Flagship Dr, 115 Flagship and 400 Willow) impacted properties and 40 Flagship Drive requiring a wetland restoration plan to be reviewed and approved by the NACC. 2023-02-08 Conservation Commission Minutes Page 3 of 4 Approved 0310812023 • The Commission discusses the EO and agrees to vacate the existing EO for 40 Flagship Drive and issue a superseding EO, violation of the new EO will result in fines of$100 per day. The Administrator is directed to research the latest deed to confirm the property owner. The Commission discusses the downstream violation and agrees not to issue an EO at this time. Three separate letters are to be sent to the downstream abutters and 40 Flagship Drive via registered mail requiring a restoration plan be submitted and to attend the March 8, 2023,meeting to discuss the situation. • The Administrator states that dewatering of the site has ceased. If dewatering is deemed necessary to comply with the EO the NACC must be notified prior to the activity for further directives. • A motion to rescind the existing Enforcement Order and issue a new Enforcement Order to be recorded at the Registry of Deeds as recommended and amended,is made by Mr. Manzi, seconded by Mr. Mabon. • Vote 6-0,Unanimous. • A motion to issue letters to the downstream abutters and 40 Flagship Drive is made by Mr. McDonough, seconded by Mr. Hale. • Vote 6-0,Unanimous. Documents 01-11-2023 Meeting Materials, 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 Decision 242-1856,9 Hawkins Lane(MDS Realty Trust) • The Administrator reviews the drafted Order of Conditions. • The bond will be set in the amount of$7,000. Condition#43 requires a construction fence to be installed at the edge of the 25-foot NDZ. Erosion controls must consist of double rows of 12"& 18"mulch socks backed by a silt fence with a 2-ft gap. A concrete truck washing area must be designated pre construction. Condition #57 requires a fuel area to be designated pre construction to be approved by the Administrator. • A motion to adopt the Order of Conditions as drafted and amended is made by Mr. McDonough, seconded by Mr. Lynch. • Vote 6-0,Unanimous. Decision 242-1862,Weir Hill,Hatch-Alewife Trail Improvements (TONA) • The Administrator reviews the drafted Order of Conditions. • A Certificate of Compliance must be requested within 1-yr of completion along with a report and photographs,no as-built plan required. The bond will be set in the amount of$2,000. Condition#63 requires proof of plantings within 1-month of installation,no plant monitoring required. Additional language will be added to Condition#74 regarding partnering with TTOR for signage. • A motion to adopt the Order of Conditions as drafted and amended is made by Mr. Manzi, seconded by Mr. McDonough. • Vote 6-0,Unanimous. Decision 242-1863, 1000 Johnson Street(Remade LLC) • The Administrator reviews the drafted Order of Conditions. • The bond will be set in the amount of$2,000. The shed must be moved prior to sign off on the Building Department permit related to exterior work. Condition#51 requires the splash pad to discharge to an infiltrator. • A motion to adopt the Order of Conditions as drafted and amended is made by Mr. McDonough, seconded by Mr. Lynch. • Vote 6-0,Unanimous. 2023-02-08 Conservation Commission Minutes Page 4 of 4 Approved 0310812023 Decision 242-1787, 135 North Ramp Road(DeRosa) • Mr. Napoli recuses from the discussion due to a conflict of interest, and Mr. Manzi steps in as Chair. • The Administrator reviews the drafted Order of Conditions, she notes that the Commission's third-party peer reviewer provided input on some of the conditions per the discussion at the last meeting. • Additional language will be added to Condition#40,#41 &#42 regarding reporting to the NACC. Additional language will be added to Condition 444 regarding catch basins equipment,monitoring and cleaning frequency. All trash must be collected and disposed of properly prior to the pre construction meeting. Additionally,trash monitoring must be conducted on a regular basis to prevent trash from entering the wetland area. LSP standards will apply to Condition#64. • A motion to adopt the Order of Conditions as drafted and amended is made by Mr. Lynch, seconded by Mr. McDonough. • Vote 4-1-1 (In Favor: McDonough, Lynch,Manzi,Mabon,Reeused: Napoli,Abstained: Hale). General/New/Old Business 242-1766, 1600 Osgood Street(Hillwood Enterprises,LP) • The Administrator states the Applicant has requested to reduce monitoring to half inch rain events or greater. Approximately 97%of the site is completed. A site inspection was performed and the majority of the erosion controls were approved for removal. The Erosion Control Monitor agrees with the reduction in monitoring. • A motion to reduce monitoring to half inch rain events or greater pending review by staff in the spring is made by Mr. Manzi, seconded by Mr. Lynch. • Vote 6-0,Unanimous. Adjournment • A motion to adjourn at 9:06 p.m. is made by Mr. Manzi, seconded by Mr. McDonough. • Vote 6-0,Unanimous. 2023-02-08 Conservation Commission Minutes