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Home My WebLink About2023-08-09 Conservation Commission Minutes Page 1 of 5 Approved 0911312023 North Andover Conservation Commission Meeting Minutes August 9,2023 Members Present: Ryan D. Hale, Louis A.Napoli, Chairman,Albert P. Manzi,Jr., Vice Chairman and Joseph W. Lynch Members Absent: Sean F. McDonough, Anthony Capachietti and John T. Mabon Staff Members Present: Amy Maxner, Conservation Administrator and Justine Fox, Field Inspector Meeting came to Order at: 7:05 p.m. Quorum Present. Pledge of Allegiance Acceptance of Minutes • A motion to accept the minutes of July 26, 2023 as drafted is made by Mr. Manzi, seconded by Mr. Lynch. • Vote 4-0,Unanimous. Certificate of Compliance 242-1313, 509 Waverly Road,Waverly Oak Condo (Waverly Oaks Condo Assoc) • The Administrator states the Applicant has requested a continuance. • A motion to continue to August 23, 2023,is made by Mr. Lynch, seconded by Mr. Manzi. • Vote 4-0,Unanimous. Documents Email from merreng(aLaol.com requesting a continuance until 812312023 Certificate of Compliance 242-649,Partial COC Request, 586 Osgood Street(Lot 13) (Berberian) • The Administrator provides background on the Order issued in May 1993. In 2007 an RDA was approved for a deck project; the outstanding Order was not detected at the time of the request. The site is stable and in compliance with the OOC. • A motion to grant a Partial Certificate of Compliance is made by Mr. Lynch, seconded by Mr. Manzi. • Vote 4-0,Unanimous. Documents 586 OSGOOD STREET-RDA Plan, 586 Osgood Street Plan of Land w.proposed pool-Building Permit #313, 800169, As-Built Plan 07 27 23 Certificate of Compliance 242-628,Partial COC Request, 64 Meadowood Road(Mohammed/Eltigani) • The Administrator states at the last meeting the NACC discussed non-compliant structures with the Applicant and his attorney and voted to lift the Enforcement Order. They recommended the Applicant return for a Partial Certificate of Compliance. Updated PCOC materials were received. • Elmutaz Mohammed,the Applicant is present. • A motion to grant a Partial Certificate of Compliance is made by Mr. Manzi, seconded by Mr. Lynch. • Vote 4-0,Unanimous. Documents 64 Meadowood Road-As Built Plan 08 08 22, 64 Meadowood Road- COC Request Revised Materials, Ltr to Amy Requesting Partial C of C(64 Meadowood) (00267555xBC4176), Memo to NACC(64 Meadowood) SmolakandVaughan 2023-08-09 Conservation Commission Minutes Page 2 of 5 Approved 0911312023 Small Project NACC#310,320 Stevens Street(Boynton) • The Administrator presents the proposal for the repair of an existing deck which is approximately 66-ft at its closest point to an intermittent stream. The existing wooden railing will be replaced with an aluminum railing and vertical balusters.New joist hangers will be installed and the existing wood planking replaced in the same footprint. No ground disturbance is proposed. She recommends issuing a Small Project"B"requiring an emergency 8-inch straw wattle. If footings are found to be inadequate all work must cease, notify Conservation Staff and erosion controls be installed. • Peter Boynton,the Applicant questions why emergency erosion controls are required if no ground disturbance is expected. He suggests ceasing work and notify Conservation Staff if the footings are inadequate prior to any ground disturbance. • The Commission agreed that if the applicant needed to disturb the ground for any reason,he would stop work and alert the Conservation Department for erosion control installation. • A motion to accept and approve this as a Small Project`B"with conditions as recommended and discussed is made by Mr. Manzi, seconded by Mr. Hale. • Vote 4-0,Unanimous. Documents Small Project Application with Supporting Materials 0719 23 Notice of Intent(NOI) 242-1871,95 Olympic Lane(McGrane) • The Administrator provides background on the proposal heard at the previous meeting. A revised plan showing roof infiltration and hot tub location has been provided. A DEP file number has been issued.No waivers have been requested. • Tricia Kendall, Tricia Kendall Architecture&Design is present on behalf of the Applicant. • A motion to close and issue in 21 days is made by Mr. Manzi, seconded by Mr. Lynch. • Vote 4-0,Unanimous. Documents 07-26-2023 Meeting Materials, 95 Olympic Lane North Andover 8-2-23-SHEET Enforcement Order/Violation 47 Bonny Lane(Kong/Zhao) & 59 Bonny Lane(Marezac) • Thor Akerley,Williams & Sparages states the plan for 47 Bonny Lane was revised to include stump grinding procedure. Four(4) of the white pines originally proposed in the Restoration Plan have been replaced with four(4)red maples trees. An O&M Plan was provided at the request of the Planning Board and to provide the homeowner with a guide to manage the plants. Invasives will be removed twice annually, depending on the species,visits maybe more frequent. The homeowners have been in contact with the contractor and they are ready to start work. A consent letter from 35 Bonny Lane was provided for the record. • Mr. Lynch requests the letter be reviewed by Town Counsel to ensure it is sufficient to secure the work. • Mr. Hale requests that the Restoration Plan be consistent(casting of wood chips and stump removal)with the Enforcement Order. • Mr. Lynch expresses concerns with the lost forest value within the Watershed. • Mr. Manzi is in favor of holding an Executive Session for possible litigation and states if the request is not tenable it can be withdrawn. • Mr. Lynch suggests obtaining a legal opinion from Town Counsel whether they may enter into an Executive Session or if the discussion should remain in public session. He requests additional language be added to the EO regarding lost value of forest to be determined during a future hearing by the NACC. • Mr. Akerley, states the O&M Plan for 59 Bonny Lane is similar to the one for 47 Bonny Lane. He provides the expected cost for clean-up, installation and monitoring/aftercare. Once the contractor has been determined their information will be provided to the Administrator. • Mr.Napoli requests the consultant provide an estimate of cost for both projects. 2023-08-09 Conservation Commission Minutes Page 3 of 5 Approved 0911312023 • Mr. Manzi states his motion for Executive Session includes both 47 Bonny Lane and 59 Bonny Lane. • The Commission reviews the drafted Enforcement Order. The Amended EO will be recorded at the Registry of Deeds and will not be vacated until the project is restored. The final location of trees and shrubs will be deterinined prior to planting by the Conservation Department, owners,wetland scientist and licensed arborist. The NACC discusses permanent monumentation to be installed on the properties and agrees to collaborate with the Planning Board for this to be a perpetual condition of the Watershed Special Permit. 100%plant survivability is required. The plan will be revised to incorporate the directives of the EO. • Mr. Akerley states the homeowners understand the seriousness of the violation and will be spending a large sum of money to correct the mistake. He understands that it is difficult to put a monetary worth on what the trees provide the environment. Thus far the homeowners have complied with the NACC's requests. • Mr. Lynch agrees the homeowners have been compliant with the Commission's requests. He states it's important for the record to acknowledge the substantial value lost by the Town that will not be regained. • Mr. Manzi requests the Executive Session be prior to the start of the August 23, 2023 meeting. Other properties (40 Flagship Drive&Foster Street Oil Spill)will be discussed during the Executive Session. • A motion to continue to August 23, 2023,for the purpose of Executive Session is made by Mr. Manzi, seconded by Mr. Hale. • Vote 4-0,Unanimous. • A motion to ratify the Enforcement Orders as amended is made by Mr. Manzi, seconded by Mr. Lynch. • Vote 4-0,Unanimous. 47 Bonny Lane Documents 05-10-2023 Meeting Materials, 06-14-2023 Meeting Materials, 06-28-2023 Meeting Materials, 07-26-2023 Meeting Materials, 08-09-2023 DRAFT Amended EO Cover Letter 47- 59 Bonny Lane, 35 Bonny Lane Consent Letter, Operation &Maintenance- 47 Bonny Lane, Proposed Restoration Plan-47 Bonny Lane—RI 59 Bonny Lane Documents 05-10-2023 Meeting Materials, 06-14-2023 Meeting Materials, 06-28-2023 Meeting Materials, 07-26-2023 Meeting Materials, 08-09-2023 DRAFT Amended EO Cover Letter 47- 59 Bonny Lane, Operation & Maintenance- 59 Bonny Lane, Proposed Restoration Plan -59 Bonny Lane_RI Enforcement OrderNiolation 196 Marbleridge Road(Kowalski) • The Administrator provides background on the violation heard at a previous meeting. The wetland was delineated and a site visit conducted and some flag changes requested. • Maggie Lofstedt,wetland consultant explains the French drain system which daylights into the BVW approximately 3 to 4-ft. A good portion of the BVW is within the existing lawn. She explains how she believes the BVW is fed,with the base of the hillside being the wettest area. Photos of the French drain system are reviewed. She states the wetland delineation was based on hydric soils and hydrology. The Restoration Plan will consist of removing the catch basins and capping the non-perforated pipe to minimize disturbance. The section of pipe and stone in BVW will be removed, grades restored and the channel filled with the excess wetland soils remaining from when the channel was dug. The wetland area will then be seeded with a wetland seed mixture and six(6) spice bushes planted. Restoration work will be done by the same contractor that it was installed by. She notes there is some preexisting disturbance from the railroad and when the stream was realigned to run along the railroad. • The Commission discusses the Restoration Plan and agrees the stone may remain in the wetland but that all of the catch basins and pipe must be removed and the pipe footprint be loomed and seeded with a wetland seed mix or grass mix. They agree that a mini excavator with rubber track tires may be used to perform the work. Wetland markers are to be installed along the limit of the wetland on pressure treated posts. Plantings must exhibit 75% survivorship at the end of the 2-yr. growing season post installation. The yard may be maintained as it has been historically,with the exception that no mowing is to occur between WF 1-4 and WF 1-9A. Work may commence asap with a status report to be presented at the September 23rd meeting. • A motion to amend the Enforcement Order as discussed is made by Mr. Manzi, seconded by Mr. Lynch. 2023-08-09 Conservation Commission Minutes Page 4 of 5 Approved 0911312023 • Vote 4-0,Unanimous. Documents 05-10-2023 Meeting Materials, 05-24-2023 Meeting Materials,06-28-2023 Meeting Materials, 196 Marbleridge Road Presentation Aug 9 2023,Maggie Lofstedt Proposal for CC, REVISED FIGURES 3 AND 4, Town of North Andover Mail-Fwd Site Walk- 196 Marbleridge Road 08 08 23 Enforcement OrderNiolation 863 Winter Street(DeCamargo) • The Administrator provides background on the Enforcement Order issued in May 2023. • Celio DeCamargo,the homeowner provides a progress update. A site walk was performed with Conservation Staff,wetland consultant and homeowner. The wetland consultant is on vacation and unable to attend tonight's meeting. He has retained legal counsel and would like to explore options. • The Administrator states the wetland consultant and homeowner suggested placing a Conservation Restriction on a portion of the property in exchange for allowing the hardscape to remain. • The Commission discusses the Enforcement Order and agrees they may present a CR proposal for consideration. • Mr. Manzi cautions that a CR may not be allowed or permitted and restoration may have to be undertaken. • Mr. Hale requests that a Restoration Plan also be prepared as a backup if a CR is not allowed. • Mr. Lynch states if a proposal is not received by the second meeting in September the NACC will order a deadline to bring the property into compliance and fines and penalties will ensue. • A motion to continue to September 27,2023, is made by Mr. Lynch, seconded by Mr. Hale. • Vote 4-0,Unanimous. Documents n/a Enforcement OrderNiolation 242-634, 85 Colonial Avenue(Jones & Cukalla) • The Administrator provides background on the COC and Modification requests both of which were withdrawn due to non-conforming structures. The seller reached a settlement with the buyers for the buyers to figure out how to bring the property into compliance. • The Commission discusses the non-compliant property and agrees to issue a Violation Notice to bring the property into compliance. • A motion to issue a Violation Notice is made by Mr. Manzi, seconded by Mr. Hale. • Vote 4-0,Unanimous. Documents n/a General/New/Old Business Rt. 114 Corridor Improvements ENF • Mr. Hale recuses from the discussion due to a conflict of interest. • The Administrator states she was unable to attend the remote meeting for the Environmental Notification Form hearing. • 8:36p.m. The Field Inspector leaves the meeting. • 8:37p.m. Mr. Manzi leaves the meeting. • 8:38p.m. The Field Inspector rejoins the meeting. • 8:40p.m. Mr. Manzi rejoins the meeting. • The Commission discusses the limit of the project and areas that are jurisdictional to the NACC. • Mr. Lynch explains the stages of the ENF process. He stresses the importance for the NACC to talk about the things that are important and respond to MEEPA through the ENF process; at the minimum issues should be addressed during the seeping certificate. • The NACC will require the Applicant to address what they intend to do for mitigation. 2023-08-09 Conservation Commission Minutes Page 5 of 5 Approved 0911312023 • No action is required at this time. Documents n/a Notice of Intent(NOI) 242-1872,2302-2307 Juniper Circle (Oakridge Village Maple Reserve Condo Assoc.) • The Administrator states the project entails replacing and expanding the failing retaining wall with a new block retaining wall. The rear yards are eroding and there is some collapse occurring at the edge of the wall. The new wall is proposed in the same location,partially within the 25-foot NDZ and 50-foot NBZ. The top of the wall is proposed to be a constant elevation of 100.5 across and a little less than 200-LF. One of the patios close to a section of the wall will be removed and rebuilt in the same location to allow for equipment movement. The wetland line was reviewed and one wetland flag change was requested. Construction access and stockpile locations are depicted on the plan. An annotated aerial has been provided showing the construction access. A DEP file number has not been issued at this time. • Paul Bergman,Bergman&Associates states the plans have been modified to show the new WF location. The wetland was delineated recently by Seekamp Environmental. The existing boulder wall opposite WF A7 will be left in place with the proposed block wall to be installed upgradient. The chain link fence on top of the block retaining wall will be reused to provide separation from the wetland. Rubber mats are proposed to protect the lawn from equipment disturbance. Down gradient erosion controls are proposed. He describes the construction process and states that PMA is considering using the same contract that constructed the wall at Dogwood Circle. • Mr. Lynch confirms the work will not go beyond the original disturbance. He requests a dewatering detail be added to the plan. • Mr.Napoli requests a dewatering area to be installed as a pre-construction requirement. • Mr. Bergman states the base of the existing retaining wall is dry,the wall is 8-ft higher than the wetland. The new retaining wall will be a bit deeper than the existing wall to provide lateral stability. Due to the height of the retaining wall, it will require a building permit. • A motion to continue to August 23, 2023, is made by Mr. Manzi, seconded by Mr. Lynch. • Vote 4-0,Unanimous. Documents 20230418_091506, 20230809_094723, 20230809_094818, 20230809_095330, Annotated Aerial Juniper Cr NOI July 2023, Narrative Juniper Cr NOI July2023, Revised WF Plan 2381 C-Oakridge Wall CDs—REV], Structural Plans Shea Wall CDs Juniper Waiver Req. Worksheet Juniper Cr. NOI July2023 General/New/Old Business Foster Farm-Agricultural Lease Renewal • Mr. Manzi states Steve Young the farmer for Foster Farm has expressed his intent to renew his agricultural lease with the Town. • The Administrator states she is working to draft the lease. • No action is required at this time. Documents n/a Decision 242-1871, 95 Olympic Lane(McGrane) • The Administrator states the draft Order of Condition has not been prepared. Adjournment • A motion to adjourn at 9:16 p.m. is made by Mr. Manzi, seconded by Mr. Hale. • Vote 4-0,Unanimous. 2023-08-09 Conservation Commission Minutes