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Home My WebLink About2023-08-23 Conservation Commission Minutes Page 1 of 8 Approved 0911312023 North Andover Conservation Commission Meeting Minutes August 23,2023 Members Present: Joseph W. Lynch, Sean F. McDonough, Louis A.Napoli, Chairman, Albert P.Manzi, Jr., Vice Chairman and John T. Mabon Members Absent: Ryan D. Hale and Anthony Capachietti Staff Members Present: Amy Maxner, Conservation Administrator and Justine Fox, Field Inspector Meeting came to Order at: 7:02 p.m. Quorum Present. Pledge of Allegiance Small Project NACC#312, 123 Bonny Lane(A&A Building& Remodeling) • The Administrator presents the proposal for the installation of a large replacement window on the lake side of the house. Two(2) footings will be installed by hand to provide load bearing support for the new window. The new footings will be located within the existing patio area under the elevated deck. The window will be placed via a crane operated from the paved driveway. The closest footing will be 96-ft from the intermittent stream and 86-ft from the BVW associated with Lake Cochichewick.No erosion controls are proposed as the area is contained. • Mr. Lynch questions the bearing capacity and PSI required by the project engineer. • Artak Sahakyan,A&A Building&Remodeling states the engineer was okay with allowing hand compaction. The engineer requested the Sono tube be allowed to settle for 2-days prior to the glass installation. • A motion to accept and approve this as a Small Project"L"with conditions as recommended and proposed is made by Mr. Manzi, seconded by Mr. McDonough. • Vote 5-0,Unanimous. Documents 123 Bonny Lane Pies, Cover Letter Conservation, Phelan Engineering, Project Narrative, Small Project Application, Wetland Delineation Plan Survey Small Project NACC#313,315 Turnpike Street(Merrimack College) • Mr. Manzi recuses from the discussion due to a conflict of interest. • The Administrator presents the proposal for the installation of a new video scoreboard at Duane Stadium, which will require footings and concrete pedestals for support. Footings will be located just outside the 50- foot NBZ to the BVW. Erosion controls are proposed to envelop the entire work area. Construction access will be off of Cullen Avenue. • Mr. Mahon questions if it is possible to keep all disturbance outside of the 50-foot NBZ. • Mr.Napoli expresses concerns regarding the high water table. • Jeffrey Koetteritz, VHB states due to the site constraints they would not be able to keep work outside of the 50-foot NBZ. Any temporary disturbed areas will be restored to prior conditions. Footings will be 4 '/z-ft to the bottom,with 8-inches of stone beneath. The water table in this area is high, dewatering can be proposed if needed. • Mr. McDonough believes the project is approvable but that it does not fall under a Small Project. • Mr. Lynch expresses concerns that no trenching or power/data feeds are shown on the plan. • Felipe Schwarz,Merrimack College states he understands the NACC's position but that he is under pressure to have a working video board for the first football game. • The Commission discusses the proposal and agrees an NOI is required. • A motion to deny the request for a Small Project permit is made by Mr. Lynch, seconded by Mr. Mabon. 2023-08-23 Conservation Commission Minutes Page 2 of 8 Approved 0911312023 • Vote 4-0-1, (In Favor: Lynch,McDonough,Napoli,Mabon,Recused: Manzi). Documents Aerial Pic,MC Video Board Small Project Application 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 September 13, 2023, is made by Mr. Manzi, seconded by Mr. McDonough. • Vote 5-0, Unanimous. Documents Email from michele&b.,66�c4yahoo.com requesting a continuance until 911312023 Request for Determination of Applicability 29 Stonewedge Circle (Mansfield) • The Administrator states the proposal involves the installation of a shed; the closest point of the shed will be 55.5-ft from the BVW. The site is located within NHESP, email comments were received from NHESP stating no impact will occur as long as all work remains within existing lawn or paved areas. The shed will be placed on a pressure treated enclosed crushed stone pad within the existing lawn area. Construction access will be from the existing lawn through the driveway.No equipment will enter the Resource Area or the 25- foot NDZ. • Mr. Mabon stresses the importance of pre and post construction meetings. • The Administrator states erosion controls are recommended. • Brett Mansfield,the homeowner states excavation for the pad will be conducted by hand and the soil removed from the site. • The Commission discusses the proposal and agrees the material must be hand dug and removed from site the same day,no stockpiling will be permitted. • 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. McDonough. • Vote 5-0,Unanimous. Documents NHESP Entail-Fwd_shed installation -29 Stonewedge, RDA Annotated As-Built Plan 07 2023, RDA Application with Supporting Materials 07 3123 Modification 242-1851,26 Long Pasture Road(Bhatnagar) • The Administrator provides background on the OOC issued in November 2022. The Applicant is seeking a Modification to expand the size of the patio toward the shallow end of the pool as shown on the plan. The proposal also shifts the pool away from the house by 2-ft to allow a better flow/walking path. The expansion remains outside of the 75-foot NBZ and the propane tanks will be located outside of the Buffer Zone based on the gas company's needs. The new propane tank location is shown on the plan. • Divya Bhatnaga,the homeowner, states the changes are being requested for safety concerns. • Mr.Napoli states the Applicant has questions pertaining to the construction depression(aka vernal pool). • The Administrator states the area was treated as a potential vernal pool during the NOI permitting process, and maintains the required setbacks associated with a vernal pool. • The Commission discusses the potential vernal pool and agrees the area is still considered a potential vernal pool and that setbacks must continue to be maintained. • Ms. Bhatnaga expresses concerns that the vernal pool setback makes almost the entire house fall in the 75- foot NBZ. She questions if they may petition the NACC to "grandfather"the construction depression to make the yard more usable. • The Commission discusses the status of the vernal pool versus future projects, and agreed that the current project is in compliance with the vernal pool setbacks, and that it is a potential pool. 2023-08-23 Conservation Commission Minutes Page 3 of 8 Approved 0911312023 • The Administrator clarifies that future projects proposed within the 75-foot NDZ would require further investigation to certify or decertify the potential vernal pool to officially rule this out. • Mr. Lynch directs the homeowner to contact the Administrator for guidance for any improvements beyond what has been permitted. • A motion to approve the Modification as proposed with all conditions of the OOC continuing to apply is made by Mr. Manzi, seconded by Mr. McDonough. • Vote 5-0,Unanimous. Documents Modification Request with Supporting Materials 0817 23 Notice of Intent(NOI) 242-1858, 189 Willow Street(Grasso) • The Administrator states the Applicant has requested a continuance. • A motion to continue to September 27, 2023, is made by Mr. Mahon, seconded by Mr. Manzi. • Vote 5-0,Unanimous. Documents Email from ELgne c ha esenar.cam,requesting a continuance until 912712023 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 September 13, 2023,is made by Mr. Manzi, seconded by Mr. McDonough. • Vote 5-0,Unanimous. Documents Email from es ara-es i�wsengineers.com requesting a continuance until 911312023 Notice of Intent(NOI) 242-1869, 674 Turnpike Street(Yamin) • The Administrator states the Applicant has requested a continuance. • A motion to continue to September 13,2023, is made by Mr. McDonough, seconded by Mr. Manzi. • Vote 5-0,Unanimous. Documents Email from sethla'oie a�grmil.eom requesting a continuance until 911312023 Notice of Intent(NOI) 242-1873, 84 Candlestick Road(Yates) • The Administrator states the project consists of the construction of a patio, shed and 18-inch retaining wall. Approximately 105-s.f. of the patio is located within the 50-foot NBZ; this area is currently crushed stone which was previously permitted by the NACC as a proposed patio,but never built. A formal waiver request has been submitted and mitigation plantings proposed. The wetland line was reviewed and found to be accurate. She recommends mitigation plantings be moved upslope to the west end of the retaining wall and seeding with a shade tolerant native seed mix between the two retaining walls for additional habitat. The front entrance of the house will receive a portico which is within the outer reaches of the Buffer Zone. Repaving of the driveway in the same footprint was included in the scope of work due to some cracking. The Administrator provides background history on DEP#242-1482 and DEP#242-732,both of which have received COC's. • Will Schkuta, The Morin-Cameron Group states the Applicant spoke with the contractor and construction access will be on the plan left side of the driveway,not the right as originally proposed. They are also requesting to extend the proposed patio an additional 2-ft(50-s.£) so that the deck overhang is in line with the patio, the plans provided do not depict this request. All work for the patio is in previously altered areas underneath the deck,pervious pavers are proposed. The landscaper was spoken to regarding the dumping of yard waste and has been directed to stop,yard waste piles will be cleaned up when the mitigation plantings 2023-08-23 Conservation Commission Minutes Page 4 of 8 Approved 0911312023 are installed. The front walkway will be reconfigured to adjust to the change in the portico. Mitigation plantings are proposed at a 2:1 ratio for the disturbance and patio in the 25-foot NDZ,if the patio is increased it would be approximately 3.5:1. The consultant explains the construction sequence for the shed. • Mr.Napoli requests that the stockpile location be moved to the end of the driveway. • The Administrator states if changes to the irrigation heads are required it will need to be shown on the plan. She requests the mitigation ratio increase be shown on the plan. • Patricia Yates,the homeowner and Applicant states they are requesting additional 2-ft of patio area due to the lack of vegetation which results in muddy conditions. • The Commission discusses the informal waiver request to extend the proposed patio area an additional 2-ft, 41-ft from the BVW. They agree the plan must be revised to reflect the waiver requests (41-ft&43-ft from BVW), stockpile location,mitigation ratio,pervious pavers and erosion controls. • Mr. Lynch suggests the consultant revise the alternatives analysis. • No abutters are present. • A motion to continue to September 13,2023,is made by Mr. Manzi, seconded by Mr. Mabon. • Vote 5-0,Unanimous. Documents 84 Candlestick site photos 08-22-23, 2894 Site Plan_Rev 2023-8-22_colored, 2894 Site Plan_Rev 2023-8-22, Mitigation Planting Plan 2023 08-22, NOI 84 Candlestick Road, Site Plan 84 Candlestick Road Notice of Intent(NOI) 242-1872,2302-2307 Juniper Circle (Oakridge Village Maple Reserve Condo Assoc.) • The Administrator states a dewatering area was added to the plan per the NACC's request. • Paul Bergman,Bergman&Associates states an onsite meeting was held with the contractor who constructed a similar retaining wall at Dogwood Circle; during the Dogwood construction no groundwater was encountered. Groundwater is not expected to be encountered however if it is it will be collected locally via a rock filled basin and pumped to the parking lot to the west of the building if that is acceptable to the Commission. The bottom of the retaining wall is about 4-ft above the water's edge.Per the contractor no stockpiling areas will be required on the wetland side of the building. Project materials will be stored in the parking area and on Sandalwood Street. The revised plan reflects the WF change requested by the Administrator. • Mr. Lynch requests a dewatering note be added to sheet CL • Mr.Napoli requests the proposed retaining wall follow the hatch line shown on the plan depicting the 25-foot NDZ opposite WF's A7 and A10. • The Commission discusses the section of wall within the 25-foot NDZ and agrees this section of wall should be left in place and the new wall constructed following the hatch line shown on the plan thus moving it outside of the 25' NDZ. • Mr. Bergman states the wall was designed to follow the existing retaining wall, this change requires revising the retaining wall construction plan and NOI plan. Work is anticipated to start this fall. • The Commission discusses whether or not to continue the hearing and require revised plans or condition the change in the Order and close the hearing. • Mr. Bergman requests the change be conditioned in the OOC so that the project is not held up. Revised plans showing this change will be provided. • No abutters are present. • A motion to close and issue in 21 days is made by Mr. Manzi, seconded by Mr. McDonough. • Vote 5-0,Unanimous. Documents 08-09-2023 Meeting Materials, 2381 Juniper Site Mtg Mins Aug16, 2381 C-Oakridge Wall CDs REV2 Aug17 Enforcement OrderNiolation 241 Massachusetts Avenue(Ryti) 2023-08-23 Conservation Commission Minutes Page 5 of 8 Approved 0911312023 • The Administrator states at the prior meeting a I-mo extension was granted to allow for the submission of an NOI. The survey work was completed and the homeowner has engaged Morin-Cameron to prepare the NOI. However due to the recent storm events the homeowner is experiencing major erosion at the end of the driveway from runoff emanating off of Waverly Road and undermining the side entrance of the house. Due to this issue additional survey work is required to figure out preventative measures. • Will Schkuta, The Morin-Cameron Group states the original survey work for the EO was completed a few days before the August 8th storm event, additional survey work has been scheduled. The homeowner was advised to divert the water to prevent additional driveway erosion. They are hoping to coordinate with the DPW to alleviate these issues. • A motion to Amend the Enforcement Order to extend the NOI submission deadline to September 27,2023 to be placed on the October 11,2023 meeting agenda is made by Mr. McDonough, seconded by Mr. Manzi. • Vote 5-0, Unanimous. Documents 05-10-2023 Meeting Materials, 05-24-2023 Meeting Materials, 06-14-2023 Meeting Materials, 07-26-2023 Meeting Materials, 20230818_123652, 20230818 123723, 20230818_124821 Enforcement Order/Violation 27 Charles Street/Lawrence Airport Stream-Flooding & Upstream Drainage(Lawrence Airport Comm./27 Charles St.LLC) • The Administrator provides background on the Enforcement Order issued 1-yr ago. Reports indicate that most of the stream flows remained within the existing banks. An over topping of the cori logs occurred during the August 8th storm event. The storm also caused major erosion emanating from the stormwater outlet pipe upstream,rip rap was moved and sedimentation occurred. The capacity in this stretch of the stream has been reduced. The Airport Manager has questioned whether work to restore the capacity could be conducted under an Emergency Certification. During the recent storm events significant flooding issues have occurred downstream(27 Charles Street). Correspondence from the attorney and engineer for 27 Charles Street was received and provided to the NACC for review. They are requesting to extend the cori logs 50-ft in either direction, entrench the entire length with silt fencing and a date certain for the filing of the NOI for the stream restoration work by the LMA. • Debbie Matthias,27 Charles Street LLC is present. • Atty. Tyler Franklin, Rubin&Rudman LLP expresses concerns with the progress made since the EO was issued. He states Hancock Associates has been observing the existing and pre existing site conditions as well as monitoring the flooding which has been occurring for the past 2-yrs. Damage to the property has been catastrophic, flooding has caused tenants to evacuate from the building. Mitigation has been taken by 27 Charles Street to try to prevent flooding on the property. He stresses that the interim remedy is not sufficient and that a date needs to be set for the issue to be corrected. • 8:36p.m. The Administrator leaves the meeting. • Mr.Napoli states per the airport manager an NOI application will be submitted for the next meeting. A third- party peer review will be conducted on the NOI to ensure work is done correctly. He believes that other issues contributed to the flooding during the recent storm events. • 8:39p.m. The Administrator rejoins the meeting. • Joe Peznola, Hancock Associates states they were on site when the over topping occurred on August 8th. Prior to this event the cori log line was doubled up. During the August 17th stonrn event water did not overtop however water was coming under the coir logs and coming around the end. They request that the EO require a silt fence line on the inside of the cori logs. He explains that there are water issues that originate on airport property off of Wright Avenue and how this affects the downstream properties. He states the water must be diverted into the airport stream so that the capacity of the bolstered stream can be sufficient to take all of the water. The head wall on the south side near 27 Charles Street cannot handle the water flow coming down the hill. After speaking with the airport consultant, it was indicated they do not intend to include the water coming from the neighborhood ditch. He believes there is too much water that's not in any kind of 2023-08-23 Conservation Commission Minutes Page 6 of 8 Approved 0911312023 conveyance. He believes the airport should be required to design the project to meet MassDEP's stormwater standards. • Mr. Napoli agrees there are water issues and that the Town should be involved in the process. • Francisco Urena, Lawrence Municipal Airport states the NOI plans are currently under review with Stantec. The NOI will be filed for the next meeting or the meeting after that at the very latest. The stream is currently being monitored per the EO issued by the NACC and reports provided. • Mr. Manzi requests the airport manager speak with the engineers to have the NOI filing expedited. He believes there must be a way to get additional stormwater to the stream located near Runway 5 on the airport's property. He requests that the outfall on the runway area be identified as part of the NOI. • Mr. Lynch agrees action needs to be taken on an emergency basis. Once an Emergency Certification is issued the airport has 30-days to complete the work. • Atty. Franklin expresses concerns that they were not notified about the issues with the stormwater outlet pipe upstream. • Mr. Urena states access to the outfall area is limited,vegetation is well established along the fence line. • The Commission discusses how to proceed with the flooding issues. They agree to allow interim repairs to fortify the outfall and restore the rip rap to recover lost flow capacity via an Emergency Certification. An Enforcement Order will be issued to extend the con logs 50-ft in either direction and entrench the entire length with silt fencing on the stream side and any other measure reasonably necessary to prevent the undercutting of water. Per the EO an NOI is required to be filed by September 23, 2023. • 9:14p.in. The Field Inspector leaves the meeting. • A motion to issue an Amended Enforcement Order and Emergency Certification as discussed and amended is made by Mr. McDonough, seconded by Mr. Manzi. • Vote 5-0,Unanimous. Documents 02-23-2022 Meeting Materials, Airport Stream 08-16-23 Pies, 08-18-23 Monitoring Airport Brook Fortification_Report, 08-21-23 Hancock Report, 08-21-23 Rubin, Rudman Correspondence, Aerial screenshot,Amended EO-Bank Fortification,Airport end Grosvenors 06-08- 22, Lawrence_Airport Bank—Fort ification_Monitoring Report 24_20230722, Lawrence_Airport Bank_Fortification_Monitoring Report 26_20230808, Lawrence_Airport Bank_Fortification_Monitoring Report 27_20230811,Town of North Andover Mail - Communication to the Board re 27 Charles Street, IMG 7084 Enforcement Order/Violation 242-1787, 135 North Ramp Road(Lawrence Municipal Airport/Positive Start Realty,Inc.) Mr.Napoli recuses from the discussion due to a conflict of interest, and Mr. Manzi steps in as Chair. • 9:171).m. The Field Inspector rejoins the meeting. The Administrator states during the August 8th storm event there was a breach in the glass pile which carried glass and some other materials (styrofoam and plastic) down to the edge and just inside the wetland (WF's A13 &A14). After consulting with the Vice Chairman an Enforcement Order was issued to allow rip rap to be installed at the mouth of the breach to help fortify the area. The site is currently stable. The OOC was issued to LMA in February of 2023. The airport has appealed to MassDEP to shrink the governing of the Order to the leased parcel. Mr. Manzi agrees the entire airport parcel should not be encumbered by the Order and suggests amending the OOC for the purpose of separating the parcels encumbered by the Order. The Administrator states that per the regulations the NACC may modify or amend on its own initiative. She expresses concerns that the top surface is not infiltrating, as it is currently hard packed with fine silt. The Commission discusses the breach and agrees to require the site to be stabilized and for the LMA to file an Amendment to address and remedy the impact from the breach and identify the boundaries encumbered by the Order. • Francisco Urena, Lawrence Municipal Airport and Robert DeRosa,Positive Start Realty are present. 2023-08-23 Conservation Commission Minutes Page 7 of 8 Approved 0911312023 • A motion to issue an Amended Enforcement Order as discussed is made by Mr. McDonough, seconded by Mr. Manzi. • Vote 4-0-1, (In Favor: Lynch,McDonough,Manzi,Mabon,Recused: Napoli). Documents 08-09-2023 Site Inspection Photos, Enforcement Order-North Ramp Road Glass Erosion 08-09-23 Rl, EO, GPS Screen Shot Enforcement OrderNiolation 416 Abbott Street(Letourneau) • The Administrator states the violation consists of patio construction, soil disturbance and drainage work within the 100-foot Buffer Zone. Drainage work was conducted to alleviate water issues in the basement. A segment of an as-built plan showing the wetland line has been provided. She recommends issuing an Enforcement Order to require an NOI submission. • 9:32p.m. Mr. Manzi leaves the meeting. • 9:34p.m. Mr. Manzi rejoins the meeting. • David Zieja,the homeowner states the pool was present when the house was purchased in September of 202. Drainage work consists of gutters which were connected to a drainage pipe daylighting on the other side of the chain link fence. The gutters were installed and connected prior to the recent rain events;basement flooding is still occurring. Per the contractor completing the patio work should help with the flooding. • The Administrator states the violation letter directed the homeowner to install erosion controls at the edge of disturbed soils.Past permit information is provided. • The Commission discusses the violation and agrees to allow the patio work to be completed,but not extended any further than what is currently there.An Enforcement Order will be issued requiring the terminal end of the drainage pipe be cutback and crushed stone installed at the end of the new pipe location, site stabilized,wetlands delineated and NOI filed. • Mr. Lynch cautions the homeowner that some of the patio work may need to be re worked during the NOI process. • A motion to issue an Enforcement Order as amended and discussed is made by Mr. Manzi, seconded by Mr. Mabon. • Vote 5-0,Unanimous. Documents 416 Abbott 8-18-23 Violation Pies, 416 Abbott Street Violation Letter 08-21-23, 20230818_080717, 20230818 081111, 20230818 081116, 20230818 081117, Miscellaneous- 416 ABBOTT STREET 4 30 2018 Enforcement OrderlViolation 242-1708,271 Stevens Street(Stone) • The Administrator states the violation consists of expansion of the existing patio and a new retaining wall. She states that the property was recently before the Commission for a Certificate of Compliance, she does not believe the wetland has changed enough to shift the 50-foot NBZ into the work area. • Patrick Stone, the homeowner states the home was purchased in June 2023. • The Commission discusses the violation and agrees to issue an Enforcement Order requiring all work to continue to cease and desist, maintain erosion controls and an NOI filed. • Jonathan DeLisle,Jonathan DeLisle Masonry and Hardscape states per the Violation Letter erosion controls were installed and excess soil piles tarped. Some minor cleanup of sand was done after the large storm event on August 18th. • The Field Inspector states erosion controls and tarp were in place during her site visit on August 18th. • A motion to issue an Enforcement Order as discussed is made by Mr. Manzi, seconded by Mr. McDonough. • Vote 5-0,Unanimous. Documents 2023-08-23 Conservation Commission Minutes Page 8 of 8 Approved 0911312023 Final Violation Letter 271 Stevens Street General/New/Old Business Foster Farm-Agricultural Lease Renewal • This item was not discussed. Documents n/a Decision 242-1871,95 Olympic Lane(McGrane) • Mr. Mabon recuses from the discussion. • The Administrator reviews the draft Order of Conditions. • The bond will be set in the amount of$2,500 and interim foundation as-built plan will be required. Dewatering is not anticipated or proposed.No discharge of water directly into the Resource Area will be permitted. • A motion to adopt the Order of Conditions as drafted is made by Mr. McDonough, seconded by Mr. Manzi. • Vote 4-0,Unanimous. Decision 242-1872,2302-2307 Juniper Circle (Oakridge Village Maple Reserve Condo Assoc.) • The Administrator reviews the draft Order of Conditions. • The new wall will be relocated outside the 25-foot NDZ as discussed and sketched by Mr. Lynch. The bond will be set in the amount of$5,000. Silt sacks will be required in the catch basins, stockpiles to be placed in the parking lot. • A motion to adopt the Order of Conditions as drafted and amended by Mr. Lynch, seconded by Mr. McDonough. • Vote 5-0,Unanimous. Adjournment • A motion to adjourn at 10:08 p.m. is made by Mr. McDonough, seconded by Mr. Manzi. • Vote 5-0,Unanimous. 2023-08-23 Conservation Commission Minutes