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Home My WebLink About2023-09-13 Conservation Commission Minutes Page 1 of 5 Approved 0912712023 North Andover Conservation Commission Meeting Minutes September 13,2023 Members Present: Sean F. McDonough, Albert P. Manzi,Jr.,Vice Chairman, Louis A.Napoli, Chairman and Joseph W. Lynch,Anthony Capachietti arrived 7:44 p.m. Members Absent: John T. Mabon and Ryan D. Hale Staff Members Present: Amy Maxner, Conservation Administrator and Justine Fox, Field Inspector Meeting came to Order at. 7:04 p.m. Quorum Present. Pledge of Allegiance Acceptance of Minutes • A motion to accept the minutes of August 9, 2023 &August 23, 2023 as drafted is made by Mr. Manzi, seconded by Mr. McDonough. • 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 September 27,2023, is made by Mr. Manzi, seconded by Mr. McDonough. • Vote 4-0,Unanimous. Documents Email from michele ax36( requesting a continuance until 912 712 02 3 Certificate of Compliance 242-1843, 1761 Salem Street(Vieira) • The Administrator provides background on the Order issued in June of 2022. Work has been completed and the site is stable. The certifying engineer noted several minor deviations to the plan. She provides additional details on the deviations (short landscape retaining walls,plantings and posts). Debris piles have been removed as required in the Order. She recommends issuing a full and final COC with on-going conditions. • Mr.Napoli expresses concerns that changes were made without consulting with the Administrator. • Mr. Manzi confirms the record drawing reflects the deviations in the letter and that none of the changes constitutes a waiver request. • Mr. McDonough does not believe that an after-the-fact Modification is necessary. • A motion to issue a full and final Certificate of Compliance is made by Mr. McDonough, seconded by Mr. Manzi. • Vote 4-0,Unanimous. Documents 1761 Salem Street As Built Revised September 13 2023, Certificate of Compliance Checklist, CoC Request, Form8a Certificate of Compliance 242-1845,240 Abbott Street(Schwirz) • The Administrator provides background on the Order issued in July of 2022. All work has been completed and the site is stable. She recommends issuing a full and final COC with on-going conditions. • A motion to issue a full and final Certificate of Compliance is made by Mr. McDonough, seconded by Mr. Manzi. • Vote 4-0,Unanimous. Documents 240 Abbott ABP, 240 Abbott WPA Form 8A 2023-09-13 Conservation Commission Minutes Page 2 of 5 Approved 0912712023 Certificate of Compliance 242-910, 637 Johnson Street(McWilliams) • The Administrator provides background on the Order issued in June of 1998. The work was completed 25- years ago. The engineer surveyed located the new manhole in Johnson Street. The engineer also spoke with the contractor who performed the work. The contractor confirmed he performed the project and installed the cleanouts. The site is stable with no outstanding issues to report. The engineer noted there is a brick sluiceway off the shoulder of the roadway which is unrelated to the project and is entirely within the Town's right of way. • The Commission discusses the sluiceway and agrees to issue a COC. • A motion to issue a full and final Certificate of Compliance is made by Mr. McDonough, seconded by Mr. Manzi. • Vote 4-0, Unanimous. Documents 637 Johnson ABP, 637 Johnson WPA Form 8A Certificate of Compliance 242-1801, 0 Middleton Road(aka 378 Salem St,Andover) (Philip C.Farmer Developer Inc.) • The Administrator provides background on the Order issued in February of 2021. There were no incidents of sediment release during the construction phase. The site is stable and in substantial compliance. Deviations include non-visible check dams within the stone infiltration shoulders of the driveway. Instead, a thick layer of crushed stone with larger boulders layered on top were used. There are no visible signs of erosion or negative impacts to the wetland with the recent storm events. Additionally,there are some discrepancies between the approved plan and the as-built plan related to grading. Per the engineer some vertical adjustments were made near the house due to the location of ledge; water will not flow down the drive faster due to that. • Mr. Lynch reviews the O&M plan and recommends modifying it through the COC so that the NACC will be notified of what corrective actions may be necessary prior to work being done. • A motion to issue a full and final Certificate of Compliance with O&M Plan edits is made by Mr. McDonough, seconded by Mr. Manzi. • Vote 4-0,Unanimous. Documents 20230912_173151, 20230912_173444,AB378salemstreet(Lot 2), Certificate of Compliance Checklist, CoC Request, Form8a, Stone Shoulder X-section, O&M Certificate of Compliance 242-1797, 125 Boston Street(Coretti) • The Administrator provides background on the Order issued in November of 2020. The system was installed but experienced failure. The homeowners worked with a different engineer to design a more traditional system within the same footprint of the original design. The project has received a Certificate of Compliance from the BOH. The site is stable,wetland markers have been installed and there are no outstanding issues. She recommends issuing a full and final COC with on-going conditions. • A motion to issue a full and final Certificate of Compliance is made by Mr. McDonough, seconded by Mr. Manzi. • Vote 4-0,Unanimous. Documents 125 Boston Street, As-BuiltPlan 125 Boston 08 28 23,form8a&letter, Septic - Full Repair- Certificate of Compliance- 125 BOSTON STREET 6222023 Certificate of Compliance 242-634,Partial COC Request, 140 Colonial Avenue,Lot 16 (Touchstone Closing& Escrow) 2023-09-13 Conservation Commission Minutes Page 3 of 5 Approved 0912712023 • The Administrator provides background on the Order issued in January of 1993. The property 104 Colonial Avenue(aka subdivision Lot#16) does not contain any wetlands or associated Buffer Zones. The property owner is seeking a PCOC to clear the title. She recommends issuing a Partial Certificate of Compliance to release the lot. • A motion to issue a Partial Certificate of Compliance is made by Mr. Manzi, seconded by Mr. McDonough. • Vote 4-0, Unanimous. Documents 140 Colonial Ave-PCOC Materials 08 3123 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 27,2023, is made by Mr. Manzi, seconded by Mr. McDonough. • Vote 4-0,Unanimous. Documents Email from csparages er wsengineers.com requesting a continuance until 912712023 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 27,2023,is made by Mr. Manzi, seconded by Mr. McDonough. • Vote 4-0,Unanimous. Documents Email from movamin ,ahoo.corn requesting a continuance until 912712023 Notice of Intent(NOI) 242-1873, 84 Candlestick Road(Yates) • The Administrator provides background on the proposal heard at the previous meeting. An expanded alternatives analysis was received and the plan was revised to reflect the waiver request. • Will Schkuta, The Morin-Cameron Group states the proposed patio will be constructed of pervious pavers.A stepping stone walkway was added to the plan from the patio to the shed. Per the NACC's request the construction access and stockpile location have been adjusted and erosion control extended. Mitigation calculations(3.5:1)were also added to the plan as requested. • Mr. McDonough confirms the patio will cover the area underneath the deck,not just up to the footings. • Mr. Schkuta states extending the patio out this far allows an area for the deck to drip on. • The Commission agrees the project will require a waiver for the patio. • No abutters are present. • A motion to approve the waiver as proposed is made by Mr. Manzi, seconded by Mr. Lynch. • Vote 3-1, (In Favor: Manzi,Napoli,Lynch, Opposed: McDonough). • A motion to close and issue in 21 days is made by Mr. Lynch, seconded by Mr. Manzi. • Vote 4-0,Unanimous. Documents 08-23-2023 Meeting Materials, 2894 Alt Analysis, 2894 Site Plan—Rev 9-1-2023—COLORED, 2894 Site Plan Rev 9-1-2023 General/New/Old Business • Mr. Manzi requests to establish a bylaw review subcommittee to review the bylaw and regulations for errors, omissions and to make improvements. He requests that Commissioners Lynch and McDonough volunteer to serve on the subcommittee along with himself. Findings will be reported to the Chairman no later than January/February of next year. • The Administrator states changes to the bylaw must happen prior to changing the regulations. 2023-09-13 Conservation Commission Minutes Page 4 of 5 Approved 0912712023 • A motion to create a subcommittee to review the bylaw and regulations comprised of Commissioners McDonough, Lynch and Manzi is made by Mr. Manzi, seconded by Mr. McDonough. • Vote 4-0,Unanimous. Notice of Intent(NOI) 242-1874,315 Turnpike Street(Merrimack College) • 7:44 p.m. Mr. Capachietti joins the meeting. • Mr. Manzi recuses from the discussion due to a conflict of interest and leaves the room. • The Administrator states the NACC reviewed this project at the last meeting under a Small Project Permit and determined a Notice of Intent was required. The proposal is for the installation of a new video display board 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. Electrical conduits will be provided via new conduit from the existing athletics center.A shallow trench will be dug using a mini-excavator for the conduit. The trenches will be backfilled and restored to the existing conditions. Erosion controls are proposed to envelop the entire work area. Dewatering details and construction access are depicted on the plan. A formal waiver request to allow work within the 50-foot NDZ was submitted. A DEP file number has been issued. • Jeffrey Koetteritz, VHB states groundwater may be encountered as shallow as 4-ft. below grade; excavation will be approximately 5-ft deep. Stockpile locations for the excavated soils are shown on the plan. Communications conduit will be connected to an existing handhole within the track surface. • Mr. Lynch states the dewatering location must be identified during pre construction,to be located outside of the 50-foot NBZ. • Mr.Napoli states the dewatering area must be installed prior to the start of construction. He questions the consultant if it is common practice for the College to start construction prior to approval. • Mr. Koetteritz states he was aware construction was started prior to approval and explains the reason behind the start of work. He confirms that work was stopped immediately and the area restored. • Felipe Schwarz,Merrimack College states he was under pressure to get the project moving and apologies for starting work prior to approval. He assures the NACC that this will not happen again. • The Administrator states she was unaware work had started prior to permitting. • The Commission expresses concerns that the consultant did not disclose work had commenced. They believe that not disclosing this was deceitful and dishonest. They discuss the violation and agree to continue the public hearing and issue an Enforcement Order assessing fines. Fines will start when the Small Project Permit was filed and end on September 13th. The NOI hearing may resume once the fines have been paid. • Melinda Perone, 65 Meadowood Road expresses concerns with additional light and noise disturbance from the new video display board. Mr. Lynch states because the wetland is not a habitat for endangered species an environmental assessment is not required for noise and light. • A motion to continue pending resolution of the Enforcement Order and payment of fines, is made by Mr. Lynch, seconded by Mr. McDonough. • Vote 3-1-1, (In Favor: Capachietti, McDonough,Napoli, Lynch,Recused: Manzi). • A motion to issue an Enforcement Order for commencement of construction activities within jurisdiction of the Conservation Commission prior to obtaining a permit with fines to be assessed to the extent allowed by the bylaw and as discussed is made by Mr. Lynch, seconded by Mr. McDonough. • Vote 3-1-1, (In Favor: Capachietti, McDonough,Napoli, Lynch, Recused: Manzi). Documents I I625.12_MC Videoboard Notice of Intent[2023-08-31] Decision 242-1873, 84 Candlestick Road(Yates) • 8:09 p.m. Manzi rejoins the meeting. • Mr. Capachietti abstains from the discussion due to having missed the hearing. • The Administrator reviews the draft Order of Conditions. 2023-09-13 Conservation Commission Minutes Page 5 of 5 Approved 0912712023 • A motion to adopt the Order of Conditions as drafted is made by Mr. McDonough, seconded by Mr. Lynch. • Vote 4-1, (In Favor: McDonough,Manzi,Napoli, Lynch,Abstained: Capachietti). Adjournment • A motion to adjourn at 8:12 p.m. is made by Mr. Manzi, seconded by Mr. McDonough. • Vote 5-0, Unanimous. 2023-09-13 Conservation Commission Minutes