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Home My WebLink About2023-03-08 Conservation Commission Minutes Page I of 5 Approved 0312212023 North Andover Conservation Commission Meeting Minutes March 8,2023 Members Present: Sean F. McDonough, Joseph W. Lynch, Louis A.Napoli, Chairman,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: 7:03 p.m. Quorum Present. Pledge of Allegiance Acceptance of Minutes • A motion to accept the minutes of February 8,2023 &February 22, 2023 as drafted and amended is made by Mr. Mabon, seconded by Mr. Lynch. • Vote 4-0,Unanimous. Notice of Intent(NOI) NACC#301,81 Paddock Lane(Hamilton) • 7:08p.m. Mr. Manzi enters the room. • Greg Hochmuth, Williams & Sparages states a formal waiver request has been submitted. Photos of the leaching facility and a sketch with the alternatives have been provided. He reviews the alternatives to help support keeping the shed in its current location. If the shed remains in its location some hand clearing of woody growth(less than 2-inches) over the leech field will be required to prevent damage to the pipes,no lawn expansion is proposed. Leaving the shed in its current location will result in a 56-sq. ft. encroachment into the 50-foot NBZ. Mitigation is proposed in the form of Buffer Zone enhancement plantings at a 2:1 ratio as shown on the revised plan.Per the plan the disposal system will be located prior to construction. • The Commission discusses the waiver request and agrees the least impactful alternative would be for the shed to remain in the current location. Clearing of the leech field will be allowed and leaf litter to remain,no lawn expansion. • No abutters are present. • A motion to grant the waiver as proposed is made by Mr. Manzi, seconded by Mr. Lynch. • Vote 5-0,Unanimous. • A motion to close and issue in 21 days is made by Mr. Manzi, seconded by Mr. Lynch. • Vote 5-0,Unanimous. Documents 01-25-2023 Meeting Materials, 02-08-2023 Meeting Materials, 81 Paddock Lane-Revised Plan, 81 Paddock Lane- Waiver Request 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 April 12, 2023, is made by Mr. Manzi, seconded by Mr. Lynch. • Vote 5-0,Unanimous. Documents Email from takerleELd)wsengineers.com requesting a continuance until 4112123 2023-03-08 Conservation Commission Minutes Page 2 of 5 Approved 0312212023 Request for Determination of Applicability 1405 Basswood Circle(Bergman) • Paul Bergman,Bergman&Associates presents the proposal for an in-kind replacement of an existing deck. A similar project at 1403-1404 Basswood Circle was approved by the NACC in September 2022. Helical anchors are proposed, existing footings to remain. • The Administrator states the other project went very well, it was clean and tidy. Based on measurements,the existing deck is approximately 35-feet from the BVW. She recommends issuing a Negative Determination 43 with conditions requiring pre and post construction meetings and dumpster to be placed in the driveway. • 7:17p.m. Mr. McDonough enters the room. • Mr. Lynch expresses concerns with the health of two (2)trees next to the deck within the 50-foot NBZ. • The Commission discusses the trees and agrees that due to the declining health they may be removed(flush cut,no stump removal). • 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. Manzi, seconded by Mr. Mabon. • Vote 5-1, (In Favor: Lynch,Napoli,Manzi,Mabon, Hale,Abstained: McDonough). Documents 2383 RDA Package_Feb22, 20230302_151856, Piertech-auger(1) Modification 242-1850,315 Turnpike Street(Merrimack College) • Mr. Manzi recuses from the discussion due to a conflict of interest. • Jeffrey Koetteritz, VHB states an updated alternative analysis has been submitted as requested by the NACC at the last meeting. All options to include erosion controls around the perimeter at any downstream end of the work. He presents the(3)three updated versions for review by the Commission. Option A includes placing a new utility pole as close to the existing utility pole as possible off of the edge of existing pavement. A short span of overhead wire will be required from the existing utility pole to the new pole,requiring limited above grade pruning of one or two trees. Trenching to occur through a paved surface. The additional pole will require guide wires opposite the wire feed, away from the wetland. • The Commission discusses the three options and agrees Option A(pink)is the least impactful. • National Grid personnel states the new pole will be placed 20-ft from the existing pole,parallel. The guide wires will also be parallel, approximately 3 or 4-ft off of the pavement. A bollard can be placed for safety. • The Administrator confirms Option A will not interfere with any other subsurface utilities. • Mr. Koetteritz states Option A runs parallel to a duct bank and sanitary line from the existing building. • A motion to approve the waiver request shown in"pink" (Option A)is made by Mr. Lynch, seconded by Mr. McDonough. • Vote 5-1, (In Favor: McDonough,Lynch,Napoli, Mabon,Hale,Recused: Manzi). • A motion to grant the Modification as requested is made by Mr. Lynch, seconded by Mr. Mabon. • Vote 5-1, (In Favor: McDonough,Lynch,Napoli, Mahon,Hale,Recused: Manzi). Documents 02-22-2023 Meeting Materials, 1162525-Minor Modification Request-Electric Service Rev] [2023-03-0 Small Project NACC#303,56 Autran Avenue(Awerman) • Jessica Awerman,the homeowner and Applicant is present. The project entails installing a new sliding door and construction of a small exterior landing and stairs for access to the fence in the backyard. The intermittent stream was flagged by DeRosa Environmental; work is outside of the 50-foot NBZ. • The Administrator states she agrees with the wetland delineation. All work is within the existing lawn area. • A motion to accept this as a Small Project"A" is made by Mr. Manzi, seconded by Mr. Mabon. • Vote 6-0,Unanimous. 2023-03-08 Conservation Commission Minutes Page 3 of 5 Approved 0312212023 • A motion to approve the Small Project as proposed and recommended is made by Mr. Manzi, seconded by Mr. Lynch. • Vote 6-0, Unanimous. Documents Small Project with Supporting Materials 02 24 23 Small Project NACC#302, 173 Campbell Road (Prescott) • The Administrator states the project consists of installation of a shed and privacy fence along the property line. The wetlands were flagged and delineated for the neighboring project. Measurements on the plan have been field verified. The proposed shed is 90-ft from the wetland and the fence is just outside the 50-foot NBZ. Installation of the fence will require removal of a few downed pine tree saplings and the removal of a couple of Burning Bush,no additional vegetation removal is proposed. • Kristin Prescott and Jeff Johnson,the homeowners and Applicants are present. They are trying to preserve as many trees as possible for privacy reasons. The 50-foot NBZ has been marked by the surveyor. • Mr. Hale would like to know the floodplain elevation. • The Administrator states a LOMA was performed, and she believes the fence and shed would be within the floodplain. • The Commission reviews the LOMA and neighboring plan; the project area is 5-ft above the floodplain. • Mr.Napoli and Mr. Mabon express concerns with the fence being installed right up to the 50-foot NBZ. They suggest that the fence company be advised that the fence should be shy of the 50-foot NBZ. • The Administrator recommends issuing a Small Project"C"&"H"requiring pre and post construction inspections, excess soils to be taken off site, 6"gap at the bottom of the fence for wildlife migration. • A motion to accept this as a Small Project"C"&"H"is made by Mr. Manzi, seconded by Mr. Lynch. • Vote 6-0,Unanimous. • A motion to approve the Small Project as proposed and recommended is made by Mr. Manzi, seconded by Mr. Lynch. • Vote 6-0,Unanimous. Documents 173 Campbell Road Small Project Description, Small Project with Supporting Materials 02 24 23 Certificate of Compliance 242-303, 1260 Salem Street(Kajko,Weisman& Colasanti,LLP) • The Administrator states the property is undergoing a transaction. Per the minutes a full and final COC was issued for the project in August 1989, however the appropriate box was never checked. Town Counsel recommended requesting permission from the NACC for staff to check the appropriate box. • A motion to authorize the Administrator to resolve the matter is made by Mr. Manzi, seconded by Mr. Hale. • Vote 6-0,Unanimous. Documents 08.02.1989 Conservation Minutes, 242-303, 1260 Salem Street-Lot 10 COC Certificate of Compliance 242-1674,Partial COC Request, 39 Millpond (Dalton &Finegold,LLP) • The Administrator states the NACC denied the Condo Association's request for a COC since the pond and stream-side mitigation plantings/invasive species management requirements had not been satisfied. All other work has been completed in compliance with the Order. The unit is undergoing a transaction and the Applicant has requested a PCOC releasing this unit from the Order. • A motion to grant a Partial Certificate of Compliance is made by Mr. Lynch, seconded by Mr. Mabon. • Vote 6-0,Unanimous. Documents 39 Millpond Aerial, CDC Request with Supporting Materials 02 2123 2023-03-08 Conservation Commission Minutes Page 4 of 5 Approved 0312212023 Certificate of Compliance 242-1739,Rea Street Subdivision(RDM Rea St LLC) • Mr. Napoli states the Applicant requested to withdraw the request for Certificate of Compliance. • A motion to accept the withdrawal without prejudice is made by Mr. McDonough, seconded by Mr. Manzi. • Vote 6-0,Unanimous. Documents Email from bos goodae i Ymail.com requesting to withdraw Amendment to Order of Conditions 242-1692, 1210 Osgood Street(Princeton Dev. &Forgetta Dev.) • The Applicant has requested a continuance. A subcommittee meeting will be held prior to the next meeting. • A motion to continue to March 22,2023,is made by Mr. McDonough, seconded by Mr. Lynch. • Vote 4-0, (In Favor: McDonough,Lynch,Manzi,Mabon,Abstained: Napoli&Hale). Documents Email f om_'brown a requesting a continuance until 3122123 Enforcement Order/Violation 242-1859, 0 Turnpike Street(Middleton Farms,LLC) (cont.from 2/8/23) • The Administrator states Williams & Sparages has been contracted to do the SWPPP monitoring. Per the Field Inspector some flow is making its way from the site into the basin which is non jurisdictional at this time. A plan adjusting some of the erosion controls has been provided. She recommends retracting the Notice of Non—compliance Enforcement Letter issued by the NACC and keeping the Enforcement Order in place which requires monitoring through the SWPPP. • The Commission discusses the observations made by the Field Inspector. They agree to retract the letter of noncompliance and require erosion controls to be fortified in accordance with the plan submitted. Erosion controls must be maintained in a functional state to prevent migration of silt/soil into Resource Areas until the site is stable. • A motion to retract the letter of noncompliance and amend the Enforcement Order as discussed is made by Mr. Lynch, seconded by Mr. Manzi. • Vote 6-0,Unanimous. Documents 01-11-2023 Meeting Materials, 0 Turnpike Street Amended Enforcement Order- tandrews@northandoverma.gov- Town of North Andover Mail, 20230302_150506, Turnpike St 0 Site Observations on Plan Enforcement Order/Violation 85 & 115 Flagship Drive,400 Willow Street(Scollard,Trustee; Christo; Pedro respectively) • The Administrator states both 85 & 115 Flagship Drive are willing to work with the NACC however they would like to ensure the violator is somehow held responsible. A Zoom call will be held with Town Counsel and MassDEP's general counsel to determine the next steps. The Amended EO has been recorded. • No action is required. Documents 3-3-2023 letter to NACC via AMY- 115 Flagship G. Christo, 85 Flagship Drive- Violation Letter 02 27 23, 85 Flagship Entail- 40 Flagship Conservation Concerns, 115 Flagship Drive - Violation Letter 02 15 23, 400 Willow Street- Violation Letter 02 15 23, Enforcement Order- 40 Flagship Drive 02 08 23 Recorded Enforcement Order/Violation 242-1692, 1210 Osgood Street(Princeton Properties Mgmt./LIPT Osgood Street,LLC) • The Administrator states the Applicant has requested a continuance. • A motion to continue to March 22,2023,is made by Mr. Mabon, seconded by Mr. Lynch. • Vote 4-0, (In Favor: McDonough,Lynch,Manzi,Mabon,Abstained:Napoli&Hale). Documents 2023-03-08 Conservation Commission Minutes Page 5 of 5 Approved 0312212023 Email from lhrown(�crincetonproperties.corn requesting a continuance until 3122123 General/New/Old Business 242-1428, Turnpike Street,Lot 4N-A,Merrimac Condos-Vernal Pool Monitoring Summary • The Administrator states additional monitoring was required for 3-yrs after issuance of the COC. A summary report was provided by Patrick Garner who was retained for the monitoring. The parameters of monitoring have been parallel with the control pool on Berry Street,there is no evidence of the pools onsite being degraded. • The Commission discusses the request and agrees a spring 2023 monitoring and reporting cycle will be required. This must be received by the NACC no later than July 1, 2023. If conditions warrant reconsideration this will be done at the first meeting in July. • A motion to extend the condition as discussed is made by Mr. Lynch, seconded by Mr. Manzi. • Vote 6-0, Unanimous. Documents NAnd VP summary report Decision NACC#301,81 Paddock Lane(Hamilton) • The Administrator reviews the drafted Order of Conditions. • Clearing of woody vegetation over the septic system footprint will be permitted by hand. Mowing shall cease and be left to naturalize 10-feet inside the tree line within the limits of the 25-foot NDZ.No survivorship is required for the Buffer Zone enhancement plantings. The bond will be set in the amount of$3,000. • 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. Adjournment • A motion to adjourn at 8:23 p.m. is made by Mr. McDonough, seconded by Mr. Manzi. • Vote 6-0,Unanimous. 2023-03-08 Conservation Commission Minutes