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Home My WebLink About2023-05-24 Conservation Commission Minutes Page 1 of 7 Approved 0611412023 North Andover Conservation Commission Meeting Minutes May 24,2023 Members Present: Sean F. McDonough, Anthony Capachietti,Louis A.Napoli, Chairman, Albert P. Manzi, Jr., Vice Chairman and Ryan D. Hale Members Absent: Joseph W. Lynch and John T. Mabon Staff Members Present: Amy Maxner, Conservation Administrator and Justine Fox, Field Inspector Meeting came to Order at. 7:00 p.m. Quorum Present. Pledge of Allegiance Acceptance of Minutes • The minutes for March 22,2023,April 10, 2023, April 12, 2023 and April 26, 2023 have not been reviewed. Certificate of Compliance NACC#271, 1550 Salem Street(Carter) • The Administrator states the request is for a Certificate of Compliance. She provides background on the Order issued in March of 2021. The deck at the rear of the house was not extended,it was rehabbed in place and the stairs shifted alongside of the house. The pool is slightly farther away from the wetland than proposed and a gravel splash strip was installed around the perimeter. Wetland markers have been installed and the site is stable. • A motion to issue a full and final Certificate of Compliance is made by Mr. Capachietti, seconded by Mr. Manzi. • Vote 4-0,Unanimous. Documents Approved REVISED CC PLAN- 1550 Salem Street, As Built 4 2023, Check list, COC letter for decks, Letter to con, REQCert 4 2023 Certificate of Compliance 242-1769,Dogwood Circle Condominium (PMA,Inc.) • The Administrator states the request is for a Certificate of Compliance. She provides background on the Order issued in November of 2019. An Enforcement Order was issued for the construction of the retaining wall prior to the pre-construction requirements having been met. She reviews the requirements set forth in the EO, the fines in the amount of$300 have been paid. The as-built plan was reviewed at the previous meeting under the EO. A schedule of elevations was noted on the as-built plan by the certifying engineer. Wetland markers have been installed, erosion controls removed and the site is stable. A couple during-construction photos have been provided for reference and existing conditions photos have been taken by staff. • Paul Bergman,Bergman&Associates states that recent photos were provided showing the stabilized site. • A motion to issue a full and final Certificate of Compliance is made by Mr. Manzi, seconded by Mr. Capachietti. • Vote 4-0,Unanimous. Documents 2396 Letter Request CoC REV2 May18, 2396 Request for CoC Package May24 Enforcement OrderNiolation 242-1769,Dogwood Circle Condominium (PMA,Inc.) • The Administrator states the directives outlined in the Enforcement Order have been compiled with. • A motion to lift the Enforcement Order is made by Mr. Capachietti, seconded by Mr. Manzi. • Vote 4-0,Unanimous. Documents 2023-05-24 Conservation Commission Minutes Page 2 of 7 Approved 0611412023 04-26-2023 Meeting Materials, 05-10-2023 Meeting Materials Modification 242-634, 85 Colonial Avenue(Castaldo) • The Administrator states a continuance has been requested. • A motion to continue to June 14, 2023, is made by Mr. Manzi, seconded by Mr. Hale. • Vote 4-0,Unanimous. Documents Email from acastaldo� hilli)s�lev.com requesting a continuance until 6114123 Small Project NACC#306,465 Stevens Street(KMC,LLC) • The Administrator presents the proposal for an in-kind replacement of a rear deck, stairs, landing,railings and three footings.Per field measurements the deck is 51-ft from the BVW associated with an intermittent stream. The sonotube footings are proposed to be dug by hand; excess soil will be spread under the existing deck. The dumpster will be placed in the driveway by the street. All materials will be hand carried/transported by wheelbarrow to and from the work area. The deck including stairs is 158-sq ft. She recommends issuing a Small Project"B"requiring pre and post construction inspections and excess soils to be spread under the existing deck. • A motion to accept this as a Small Project"B"is made by Mr. Manzi, seconded by Mr. Capachietti. • Vote 4-0,Unanimous. • A motion to approve the Small Project as proposed and recommended is made by Mr. Manzi, seconded by Mr. Capachietti. • Vote 4-0,Unanimous. Documents 20230511_103327, 20230511_103331, 20230511_103418, Annotated A erial-465 Stevens, Small Project Application with Supporting Materials 05 16 23 Small Project NACC#307,210 Raleigh Tavern Lane(All Matters GC) • The Administrator presents the proposal for an in-kind replacement of the existing deck, shifting the stairs to the middle of the deck; three new footings are proposed. The deck is approximately 260-sq ft.Per measurements the existing stairs are 68-ft from the bank of an intermittent stream. The rear of the deck is outside of the BVW located at the rear of the property, associated with the intermittent stream. The dumpster will be placed in the driveway. All materials will be hand carried/transported by wheelbarrow to and from the work area.No erosion controls are required. She recommends issuing a Small Project"B"requiring pre and post construction inspections and excess soils to be taken off site or used outside of the Buffer Zone. • Bill Driscoll,the homeowner, is present. • A motion to accept and approve this as a Small Project`B"with conditions as recommended is made by Mr. Manzi, seconded by Mr. Capachietti. • Vote 4-0,Unanimous. Documents 210 Raleigh Tavern-Small Project Application with Supporting Materials 05 17 23 Request for Determination of Applicability 122 Millpond (Zendko,LLC) • 7:16p.m. Mr. McDonough enters the room. • The Administrator provides background on the proposal heard at the previous meeting. An updated site plan depicting the dewatering location outside of the 100-foot Buffer Zone and specification detail was provided as requested. The proposal will result in a 6,500-sq ft reduction of impervious surface. Buffer Zone work consists of removal of tennis courts and loaming and seeding of the footprint as well as a small corner of one of the units. 2023-05-24 Conservation Commission Minutes Page 3 of 7 Approved 0611412023 • The Commission discusses the construction access location. • Thomas Zahoruiko,Zendko states the construction access was proposed in the current location to ensure it is farther away from the intersection. • The Administrator recommends issuing a Negative Determination 43 with conditions requiring pre and post construction and monitoring after '/z-inch rain events. • No abutters are present. • A motion to close the hearing and issue Negative Determination 43 with conditions as recommended and discussed is made by Mr. Manzi, seconded by Mr. McDonough. • Vote 5-0, Unanimous. Documents 05-10-2023 Meeting Materials, Millpond North Andover—MA—Plan Set 05-12-23 Request for Determination of Applicability 40 Equestrian Drive(Trull) • The Administrator provides background on the proposal heard at the previous meeting. Additional information on the construction access was received per the Commission's request. The wetland consultant reviewed the wetland for vernal pool habitat. The report indicates there is not sufficient hydrology to support vernal pool habitat. A response from NHESP was received stating that the project is exempt as long as no increase in the existing lawn of other developed areas are proposed. • Mr. Capachietti requests the erosion control be extended to around the bend at the construction access. • P.J. de Bernardo, Gibraltar Pools states a cartridge filtration system with no backwash is proposed. Work is expected to take 2-days to complete. • The Administrator recommends issuing a Negative Determination#3 with conditions requiring pre and post construction, erosion controls and wetland makers. • 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. Capachietti. • Vote 5-0,Unanimous. Documents 05-10-2023 Meeting Materials, 40 EQUESTRIAN DR CERTIFICATE OF MAILING TO NATURAL HERITAGE&ENDANGERED SPECIES PROGRAM, 40 EQUESTRIANDR NORTHANDOVER wet rep update May 2023 MARY TRUDEAU, 40 EQUESTRIANDRIVE PHOTO DRIVEWAY TRACTOR ENTRANCE TO BACKYARD, 40 EQUESTRIANDRIVE PHOTO SHOWING ACCESS ROUTE TO ABOVE GROUND POOL SITE, 40 EQUESTRIANDRIVE REVISED ABOVE GROUND POOL PLANSHOWING ACCESS& EROSION CONTROLS, NHESP Entail Comments-FW_40 EQUESTRIAN DR NORTHANDOVER ABOVE GROUND POOL ELECTRONIC CO Notice of Intent(NOI) 242-1859, 0 Turnpike Street(Middleton Farms,LLC) • The Administrator states a continuance has been requested. • A motion to continue to June 14, 2023, is made by Mr. Manzi, seconded by Mr. Capachietti. • Vote 5-0,Unanimous. Documents Email from espara es o, sengineers.com requesting a continuance until 6114123 Notice of Intent(NOI) 242-1858, 189 Willow Street(Grasso) • The Administrator states a continuance has been requested. • A motion to continue to June 14, 2023 is made by Mr. Manzi, seconded by Mr. McDonough. • Vote 4-1, (In Favor: McDonough,Napoli, Manzi, Hale, Recused: Capachietti). Documents 2023-05-24 Conservation Commission Minutes Page 4 of 7 Approved 0611412023 Email from tea pachietti �,)ha;e� seng.com requesting a continuance until 6114123 Notice of Intent(NOI) 242-1867,479 Lacy Street(Windrush Farm) • The Administrator provides background on the proposal heard at the previous meeting. A third party peer review was conducted by the Town Engineer to ensure the stormwater design was compliant with the regulations. Comments were received,requiring a rerun of a hydro cad and revisions to the O&M Plan for more frequent inspections of the BMPs.No plan changes were required. The Applicant's engineer responded to all comments and the Town Engineer agrees the response is satisfactory. A formal waiver request was submitted for the terminal outlet of the rain garden within the 25-foot NDZ. The 25-foot NDZ is currently being mowed up to the edge of the pond. • Mary Rimmer,Rimmer Environmental states the pond must be maintained for fire access. She agrees to allow the area down gradient from the outlet to grow back to its natural state. • Mr. Capachietti confirms that horse manure will not run into the stormwater area. • A motion to grant the waiver as proposed is made by Mr. Manzi, seconded by Mr. Capachietti. • Vote 5-0,Unanimous. • A motion to close and issue in 21 days is made by Mr. Manzi, seconded by Mr. McDonough. • Vote 5-0,Unanimous. Documents 05-10-2023 Meeting Materials, Summary Letter- Operation and Maintenance Revision #1, Windrush Farms - 479 Lacy Street-Notice of Intent Drainage Improvements Application DPW Review Letter 5-19-2023 Notice of Intent(NOI) 242-1868,25 Gillman Lane(Lunger) • The Administrator presents the proposal for an in-ground swimming pool, associated patio, fencing, drywell, dewatering tank and equipment pad. They also propose the removal of an existing concrete apron at the side of the garage and replacing it with a larger patio. Minor grading is proposed. The Resource Area consists of three BVW wetland systems. Work is located within the 100-foot Buffer Zone however all work is outside of the 50-foot NBZ,no waiver requests are required. The wetland delineation was reviewed and found to be accurate. A construction phase dewatering detail has been provided. Stockpile and construction access is depicted on the plan. Erosion controls are proposed to surround the work area. An after construction dewatering tank and dry well system is proposed to intercept ground water around the pool, a detail is shown on the plan. A pergola and walkway are proposed outside of the Buffer Zone. • Mr. Capachietti expresses concerns with the pump size for the dewatering system and the distance of the dewatering system to the leach field; a 50-ft separation is required. Due to the wide patio,he suggests flipping the patio and sliding the pool over. • Mr.Napoli questions if the bottom of the pool is within the water table. • Maureen Herald,Norse Environmental offers to verify the pump size with the pool designer. A DEP file number was issued,no comments were made. Based on elevations she believes the bottom of the pool is within the water table. They will consider moving the pool outside of the 50-ft septic offset or install a barrier as suggested. • The Commission discusses the proposal and agrees additional information regarding the 50-ft separation, pump detail and plan revisions must be provided. • Nick Lunger,the homeowner and Applicant states the pool will be 6-ft deep and confirms the pump is 2HP. • A motion to continue to June 14, 2023, is made by Mr. McDonough, seconded by Mr. Manzi. • Vote 5-0,Unanimous. Documents 25 Gilman Dewatering Detail Sheet, 25 Gilman Lane NOI, 25 Gilman Proposed In-Ground Pool 5-10-23, 25 Gilman Proposed In-Ground Pool 5-22-23, Pics 25 Gilman.doex- Google Docs, revised plan letter 5-23-23 2023-05-24 Conservation Commission Minutes Page 5 of 7 Approved 0611412023 Enforcement Order/Violation 242-628, 64 Meadowood Road(Mohammed/Eltigani) • The Administrator provides background on the denial of the PCOC request in March of 2023. The wooden deck/platform has been removed. The deck and stairs at the rear of the house remain in violation. The homeowner is aware that the property is non-compliant and that this can cause issues during refinance or transaction. • The Commission discusses the violation and agrees to issue an Enforcement Order requiring a plan be submitted no later than June 23,2023 to be reviewed by the NACC at the June 28,2023 meeting to bring the site into compliance. • A motion to issue an Enforcement Order as discussed is made by Mr. Manzi, seconded by Mr. McDonough. • Vote 5-0,Unanimous. Documents 64 Meadowood Road- image0, 64 Meadowood Road- image 2 Enforcement Order/Violation 196 Marbleridge Road(Kowalski) • The Administrator provides background on the EO issued at the last meeting. The homeowner has been in contact with the Administrator to provide updates on progress. • Sue Kowalski,the homeowner states she spoke with a wetland scientist that has availability to delineate the wetland and help with the restoration plan. A contract was received but has not been signed. • The Commission discusses the Enforcement Order and agrees to extend the deadline by 30-days. • A motion to amend the Enforcement Order as discussed is made by Mr. Capachietti, seconded by Mr. Manzi. • Vote 5-0,Unanimous. Documents 05-10-2023 Meeting Materials, 05-10-23 EO- 196 Marbleridge Road Enforcement Order/Violation 241 Massachusetts Avenue(Ryti) • The Administrator provides background on the EO issued at the previous meeting. Several site visits were made and no progress has occurred as required in the EO. • Heather Ryti,the homeowner, states the pool company removed the construction equipment from the site after the last meeting. She states per the contractor they will be back on site tomorrow to remove the demolition debris. Most of the brick has been removed by hand and will continue to be removed until completed. The Morin-Cameron Group has been engaged to help with the Notice of Intent permitting process. • The Commission discusses the Enforcement Order and agrees to extend the deadline by 3-wks. Erosion controls (12-inch mulch sock)must be installed around the perimeter of the work site. • A motion to amend the Enforcement Order as discussed is made by Mr. Manzi, seconded by Mr. Capachietti. • Vote 5-0,Unanimous. Documents 05-10-2023 Meeting Materials, 05-10-23 EO-241 Massachusetts Avenue Enforcement Order/Violation 863 Winter Street(DeCamargo) • The Administrator states the violation was discovered during the building permit application process for construction of an in-ground swimming pool. A 2017 report from Norse Environmental was submitted with the application. The proposed plan depicted the proposed pool outside of the 100-foot Buffer Zone with existing hardscaping features located within the 25-foot NDZ and 50-foot NBZ. A site visit was conducted confirming the violation. Based on historical aerials, the hardscaping was installed sometime after 2021. The building permit for the pool is currently on hold as instructed by the Chairman due to this non compliance. 2023-05-24 Conservation Commission Minutes Page 6 of 7 Approved 0611412023 • Celio DeCanargo,the homeowner states that although the property was surveyed,he did not understand it contained wetlands. The property was delineated to find out if it was possible to install a pool before purchasing the property. At this time, it was explained the original proposed pool location was within the 100- foot Buffer Zone and would require permitting with Conservation. He was later advised that if the pool was relocated outside of the Buffer Zone a filing with ConCom would not be required. He states he did not understand that the hardscaping was a violation,hardscaping installation was done by the homeowner. • Mr. Hale and Mr. Manzi agree all hardscaping within the 25-foot NDZ and 50-foot NBZ must be removed. • The Administrator states the homeowner is currently working with Merrimack Engineering and Norse Environmental. The wetland was re-delineated in March of 2022. • The Commission discusses the violation and agrees that the work conducted would not have been permissible and that the property is non-compliant. They agree to issue an Enforcement Order requiring all work to continue to cease and desist and to submit a restoration plan to bring the property into compliance. The restoration plan must be received no later than June 23, 2023 to be reviewed by the NACC at the June 28, 2023 meeting. • A motion to issue an Enforcement Order is made by Mr. McDonough, seconded by Mr. Hale. • Vote 5-0,Unanimous. Documents 863 Winter Site Plan. 1294901SD01_Fri May 5_2023_09-35-57, 863 Winter Street- Wetland Violation Letter- 05-17-23, 2021 MassMapper Aerial Photo- 863 Winter, Norse March 27, 2017 Delineation Report- 863 Winter Enforcement OrderNiolation 40 Flagship Drive-85 & 115 Flagship Drive,400 Willow Street(DWT Holdings,LLC) • The Administrator provides background on the Enforcement Order issued at the last meeting. To date the violator is not in compliance with the Enforcement Order. Signage to be posted at the site is underway. A meeting has not been scheduled with Town Counsel and the Planning Director to explore revoking the special permit. • Mr. Manzi requests the Planning Board consider revoking the special permit as a result of the ongoing violation. • The Commission discusses how to proceed and agrees fines in the amount of$100 a day will commence today until a restoration plan is received. • A motion to amend the Enforcement Order as discussed is made by Mr. Manzi, seconded by Mr. McDonough. • Vote 5-0,Unanimous. Documents 03-08-2023 Meeting Materials, 04-26-23 EO- Wetland Violations at 85, 115 Flagship, 400 Willow Street Decision 242-1867,479 Lacy Street(Windrush Farm) • The Administrator reviews the drafted Order of Conditions. • The language in Condition#69 will be revised to allow mowing for access within 10-ft on either side of the dry hydrant. The remaining 25-NDZ around the pond and edge of BVW must be left to naturalize. The bond will be set in the amount of$1,000. • A motion to adopt the Order of Conditions as drafted and amended is made by Mr. Manzi, seconded by Mr. Capachietti. • Vote 5-0,Unanimous. Decision 242-1707,285 Stevens Street,Lot 2 (Compass Properties) • The Administrator reviews the drafted Amended Order of Conditions. 2023-05-24 Conservation Commission Minutes Page 7 of 7 Approved 0611412023 • A motion to adopt the Amended Order of Conditions as drafted is made by Mr. Manzi, seconded by Mr. Napoli. • Vote 5-0,Unanimous. Adjournment • A motion to adjourn at 8:36 p.m. is made by Mr. Hale, seconded by Mr. McDonough. • Vote 5-0,Unanimous. 2023-05-24 Conservation Commission Minutes