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Home My WebLink About2023-09-27 Conservation Commission Minutes Page 1 of 5 Approved 10/11/2023 North Andover Conservation Commission Meeting Minutes September 27, 2023 Members Present: Ryan D. Hale, Sean F. McDonough, Louis A. Napoli, Chairman, Albert P. Manzi, Jr., Vice Chairman, Joseph W. Lynch and John T. Mabon. Members Absent: Anthony Capachietti 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 A motion to accept the minutes of September 13, 2023 as drafted is made by Mr. Manzi, seconded by Mr. Lynch. Vote 5-0, Unanimous. Certificate of Compliance 242-1313, 509 Waverly Road, Waverly Oak Condo (Waverly Oaks Condo Assoc) Michele Fox, Waverly Oaks Condo Association states in 2021 a structural engineer determined six of the decks were unsafe and out of code. During the building permitting process it was discovered that a COC had never been requested by the builder. Major legal action has been taken against the engineering firm hired to complete the process in 2021. COC materials were submitted in June 2023 however additional information is required. Two of the units (#4 & #6) have gone without safe decks for the last 2-yrs. She requests the NACC consider allowing the decks to be replaced in-kind due to safety concerns. 7:05 p.m. Mr. McDonough joins the meeting. The Administrator states the as-built plan is missing information that can only be provided by the structural engineer. She is working with the condo association to provide some of the additional information as they are able. The Commission discusses the request and agrees to issue an Enforcement Order for the in-kind replacement of the existing decks (unit #4 & #6) due to safety concerns. The Enforcement Order requires the decks to be replaced by June 1, 2024, erosion control and pre and post construction inspections will be required. A motion to issue an Enforcement Order to facilitate the repair of the decks (unit #4 & #6) as discussed is made by Mr. Manzi, seconded by Mr. Lynch Vote 5-1, (In Favor: Hale, Napoli, Manzi, Lynch, Mabon, Abstained: McDonough). A motion to continue to October 25, 2023, is made by Mr. Manzi, seconded by Mr. Lynch. Vote 6-0, Unanimous. Documents 242-1313 Waverly Oaks Correspondence and unit plan, 12686AB02, 800151 Certificate of Compliance 242-1863, 1000 Johnson Street (Remade LLC) The Administrator provides background on the Order issued in February of 2023. The work is complete and the site is stable. Erosion controls have been removed, wetland markers installed and the shed has been moved outside of the 50-foot NBZ. Deviations to the plan include the installation of an above ground 100-gal propane tank located outside of the 50-foot NBZ. She recommends issuing a full and final COC with on- going conditions. Glenn Kennedy, Remade LLC states they decided to install a propane tank vs. a gas line connection. Mr. Lynch states that if a gas line is proposed after the CofC is issued, they would have to file a new application with the Commission. 2023-09-27 Conservation Commission Minutes Page 2 of 5 Approved 10/11/2023 A motion to issue a full and final Certificate of Compliance is made by Mr. Lynch, seconded by Mr. Mabon. Vote 6-0, Unanimous. Documents 1000 Johnson As Built 0914-2023, 1000 Johnson WPA Form 8a CofC Request - Completed, 1000 JST Cert of Compliance Request Letter, 20230908_124907, 20230908_124909, 20230908_125035, 20230908_125100, 20230908_125630 Small Project NACC #314, 85 Ogunquit Road (Labonte) The Administrator presents the proposal for the in-kind replacement of the existing deck. The deck, stairs and footings are all proposed to be replaced in the same footprint. She provides additional details on the footings which will be hand dug. A dumpster will be stored in the driveway. Construction access and stockpile location are shown on the plan; the stockpile area may not be needed per the contractor. A site visit was condu pre construction meeting to determine the need for erosion controls, excess soils to be removed from site and a post construction site inspection. Jakob Labonte, the contractor, is present for questions. McDonough, seconded by Mr. Manzi. Vote 6-0, Unanimous. Documents Small Project Application with Supporting Materials Notice of Intent (NOI) 242-1858, 189 Willow Street (Grasso) The Administrator states the Applicant has requested a continuance. A motion to continue to October 25, 2023, is made by Mr. Manzi, seconded by Mr. McDonough. Vote 6-0, Unanimous. Documents Email from ELane@hayeseng.com requesting a continuance until 10/25/2023 Notice of Intent (NOI) 242-1869, 674 Turnpike Street (Yamin) The Administrator states the Applicant has requested a continuance. A motion to continue to October 25, 2023, is made by Mr. Manzi, seconded by Mr. McDonough. Vote 6-0, Unanimous. Documents Email from moyamin@yahoo.com requesting a continuance until 10/25/2023 Notice of Intent (NOI) 242-1859, 0 Turnpike Street (Middleton Farms, LLC) The Administrator provides background on the Enforcement Order. So far, no SWPPP monitoring reports have been received but monitoring is taking place by Williams & Sparages. The most up to date plan has been provided for review by the NACC. The North Andover Planning Board has closed their public hearing and issued a decision; the decision requires approval from the North Andover BOH for the septic system which has not happened yet. Mr. Napoli expresses concerns that the Middleton Planning Board might still make changes to the plan. Mr. Lynch expresses concerns with the proximity of the septic system to the detention pond and questions if the septic system has been approved by the Middleton BOH. The Administrator states the septic system located in Middleton was not reviewed by TEC. Peter Blaisdell, Williams & Sparages states he will check on the SWPPP monitoring reports. Revisions to the plan include removing 35-ft from the last unit to allow room for a fire engine to pull in and get back out. 2023-09-27 Conservation Commission Minutes Page 3 of 5 Approved 10/11/2023 Third party peer review was conducted by TEC for both North Andover and Middleton. He states he will check to see if the septic system has been approved by the Middleton BOH. A motion to continue to October 25, 2023, is made by Mr. Manzi, seconded by Mr. McDonough. Vote 6-0, Unanimous. Documents 01-11-2023 Meeting Materials, 06-14-2023 Meeting Materials, 0 Turnpike Planning Board 09-19-23 Time Stamped Decision, Response to FIRE DEPARTMENT comments, Response to peer review STORMWATER_R2, Response to peer review ZONING_R2, SPnmain336_R3(FIRE & TRUCK ACCESS PATHS), SPnmain336_R3(SITE PLAN SET) Enforcement Order/Violation 350 Sharpners Pond Road (Perdomo) The Administrator provides background on the Enforcement Order. The shed has been relocated, plantings completed and wetland markers to be installed at her direction. She recommends keeping the EO in place until the 2-yr monitoring requirement has been met. A motion to keep the Enforcement Order in place until the monitoring requirement is met is made by Mr. Manzi, seconded by Mr. McDonough. Vote 6-0, Unanimous. Documents 06-14-2023 Meeting Materials, 07-26-2023 Meeting Material, 11-16-2022 Meeting Materials, IMG_0626, IMG_0629, Proposed Shed Plan - 350 Sharpners Pond Road Enforcement Order/Violation 196 Marbleridge Road (Kowalski) The Administrator states reviewed the Enforcement Order with the homeowner and contractor on September 8, 2023. Locations for the wetland markers have been staked out and plants and wetland seed mix ordered. They expect work to commence once the wet conditions improve. They hope to have all work completed by October 11, 2023. A motion to continue to October 11, 2023, is made by Mr. Manzi, seconded by Mr. McDonough. Vote 6-0, Unanimous. Documents 05-10-2023 Meeting Materials, 05-24-2023 Meeting Materials, 06-28-2023 Meeting Materials, 08-09-2023 Meeting Materials, 08-09-23 2nd Amended EO CORRECTED CONDITION #8 - 196 Marbleridge, EMail - 09-26-23 EO Up Date Enforcement Order/Violation 863 Winter Street (DeCamargo) The Administrator provides background on the Enforcement Order for unpermitted hardscape within the 25- foot NDZ and 50-foot NBZ. Celio DeCamargo, the homeowner is present. Maureen Herald, Norse Environmental presents the proposal for a Conservation Restriction on the southern located within the 25-foot NDZ and restoring the disturbed areas in that zone with native vegetation. All unpermitted existing hardscapes (paver patio, fence, stone masonry and artificial turf) within the 50-foot NBZ would remain, infiltration for the impervious surfaces would be provided in exchange for a 6-acre Conservation Easement and trail. The property currently abuts the Bruin Hill trail, accepting the proposal may allow the Town to loop the Bruin Hill trail back to Winter Street through the proposed CR. There is an existing parking area and entrance to the Bruin Hill Trail further up Winter Street. They believe looping the trail would be a net benefit for residents and the Town. The Commission reviews the proposal and after lengthy discussion agrees that the proposal for a Conservation Restriction is not appropriate. They also agree the proposal is not eligible for a waiver as it does 2023-09-27 Conservation Commission Minutes Page 4 of 5 Approved 10/11/2023 not meet the alternatives analysis. They discuss how to proceed and agree that restoration of the 25-foot NDZ and 50-foot NBZ will be done under an Enforcement Order; work between the 50-foot NBZ and 100-foot Buffer Zone will require an after-the-fact Notice of Intent once the directives of the amended EO have been addressed. The homeowner is directed to continue to cease and desist, prepare a plan and narrative detailing the means and methods to remove and restore disturbed areas located within the 25-foot NDZ and 50-foot NBZ. This information must be received no later than October 11, 2023 for review by the NACC at its October 11, 2023 meeting. A motion to amend the Enforcement Order as discussed is made by Mr. McDonough, seconded by Mr. Manzi Vote 6-0, Unanimous. Documents 05-24-2023 Meeting Materials, 06-28-2023 Meeting Materials, 07-26-2023 Meeting Materials, Assessors Map, Bruin Hill Trail Map, Conservation Easement Plan, FEMA FIRM Map, NA Riverfront Map, NHESP Map, Norse Proposal 9-26-23, USGS Topo Map, Waiver Request Form 9-26-23, Web Soil Survey Enforcement Order/Violation 241 Massachusetts Avenue (Ryti) The Administrator states correspondence was received from the consultant requesting additional time for the NOI submittal. They expect to have the NOI submitted in time for the October 25th meeting. The site is currently stable. A motion to maintain the Enforcement Order is made by Mr. McDonough, seconded by Mr. Manzi. Vote 6-0, Unanimous. Documents 05-10-2023 Meeting Materials, 05-24-2023 Meeting Materials, 06-14-2023 Meeting Materials, 07-26-2023 Meeting Materials, 08-23-23 Meeting Materials, Update EMail from J. Morin- 241 Mass Ave - Ryti Enforcement Order/Violation 27 Charles Street/Lawrence Airport Stream - Flooding & Upstream Drainage (Lawrence Airport Comm./27 Charles St. LLC) The Administrator states an electronic version of the Notice Intent and hardcopies of the plans were received as required in the Enforcement Order. Paper copies of the NOI are expected tomorrow in time for legal ad publishing in the newspaper. 8:15p.m. The Field Inspector leaves the meeting. No action is required at this time. Documents 02-23-2022 Meeting Materials, 08-23-2023 Meeting Materials, 2nd Amended EO - LMA Stream Fortification 08-23-23 Enforcement Order/Violation 49 Court Street (Petrosino) The Administrator provides background on the Enforcement Order. The slope is stable however the top of the slope is sandy/muddy. The homeowner had intended to complete a Notice of Intent for the after-the-fact permitting required in the Enforcement Order however once she reviewed the process, she contacted her wetland consultant. Unfortunately, the wetland consultant is very busy and will not be available until the end of October. At this time the homeowner is hoping to seed the top of the slope until they can determine what finances will allow. 8:17p.m. The Field Inspector rejoins the meeting. The Commission discusses the Enforcement Order and how to proceed. They agree an after-the-fact Notice of Intent must be filed to be heard at the December 13, 2023 meeting. A motion to amend the Enforcement Order as discussed is made by Mr. McDonough, seconded by Mr. Lynch. 2023-09-27 Conservation Commission Minutes Page 5 of 5 Approved 10/11/2023 Vote 6-0, Unanimous. Documents 49 Court Street 3rd Amended EO 09 28 22, Sept. 2023 Email Follow Up General/New/Old Business 2023 Hunting Dates (October 2nd - November 25th) The Administrator reviews the bow-hunting dates with the Commission. Mr. Manzi states firearms are not allowed on properties permitted by the NACC. The Administrator clarifies that this only applies to Half Mile Hill and Summit. The Commission discusses Town properties where hunting is allowed but does not require permitting from the NACC. The Administrator states the NACC has a special permit process in place for Half Mile Hill only. There have been no harvests indicated in the recent surveys due to too many people and dogs. Adjournment A motion to adjourn at 8:24 p.m. is made by Mr. McDonough, seconded by Mr. Manzi. Vote 6-0, Unanimous. 2023-09-27 Conservation Commission Minutes