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Home My WebLink About2024-01-24 Conservation Commission Minutes Page 1 of 4 Approved 0311312024 North Andover Conservation Commission Meeting Minutes January 24,2024 Members Present: Bradley S. Mustain, Louis A.Napoli, Chairman, Albert P. Manzi,Jr.,Vice Chairman, Marissa Valentino and Joseph W. Lynch Members Absent: Sean F. McDonough 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 • A motion to accept the minutes of December 13,2023 and December 20, 2023 as drafted is made by Mr. Lynch, seconded by Mr. Manzi. • Vote 5-0,Unanimous. Certificate of Compliance 242-1753,247 Chickering Road(Enterprise Bank) • The Administrator states the Applicant has requested a continuance. • A motion to continue to February 14, 2024,is made by Mr. Manzi, seconded by Mr. Lynch. • Vote 5-0,Unanimous. Documents Email from Luke.Bvuchard a)ebtc.cam requesting a continuance until 0211412024 Certificate of Compliance 242-1639,351 Willow Street(Muffin Realty Trust) • The Administrator provides background on the Order issued in February of 2015. Condition#57 of the Order requires all stormwater structures be cleaned prior to Certificate of Compliance issuance. A September 2018 invoice was provided showing that all five(5) catch basins and the interceptor were cleaned. The Administrator cautioned the Applicant that due to the age of the invoice the NACC may request all of the BMPs be inspected prior to issuing a COC. • Mr.Napoli states the O&M requires a yearly inspection of BMPs. • The Commission discusses the request and agrees that documentation showing BMPs have been cleaned and maintained is required. • Will Schkuta, The Morin Cameron Group states the catch basins were last pumped 5-years ago, however they have been conducting inspections periodically. He agrees to reinspect the BMPs prior to issuance. • Mr. Mustain requests the log sheet be used when conducting inspections. • Ms. Valentino questions if no-stockpiling snow signs have been installed. • The Administrator states signage was installed. • A motion to continue to February 14, 2024,is made by Mr. Manzi, seconded by Mr. Lynch. • Vote 5-0,Unanimous. Documents 351 Willow St(242-1639) CoC Request, 351 Willow Street—As-Built Plan, 2018 O&MInvoices, Long Term Pollution Prevention Plan Certificate of Compliance 242-1794,335 Willow Street(Muffin 3X,LLC) • The Administrator provides background on the Order issued in October of 2020. The rip rap spillway at the southerly parking area received new rip rap and has been maintained; an invoice from September 2023 was provided.Per the Administrators request and approval by the Chairman an additional area of rip rap was 2024-01-24 Conservation Commission Minutes Page 2 of 4 Approved 0311312024 installed to the north of WF B3.No-stockpiling snow signs and wetland markers have been installed per the OOC. • Mr. Napoli questions if an O&M report is due. • The Administrator states a data log was not provided, going forward yearly documentation will be required. The outfall area was reviewed within the last few weeks; this area will require attention in the spring. Per the O&M Plan the rip rap outfall must be checked for debris accumulation twice a year(April 15th and October 15th). • Mr. Lynch requests a current inspection be conducted and documented using the data log. • Ms. Valentino questions if the infiltration system has been inspected. • Will Schkuta, The Morin Cameron Group states he has personally inspected the infiltration system several times. Bake n' Joy management conducts inspections to prevent water from backing up into the parking area. He offers to speak with management to ensure inspections are properly documented. • The Commission agrees to continue the request to allow for a documented inspection prior to issuing a COC; inspections should continue per the O&M Plan. • Melinda Perrone, 65 Meadowood Road expresses concerns with trash being dumped between 351 Willow Street and 335 Willow Street and across the street from 351 Willow Street; weekly reports are sent to the Town to document the dumping. • The Administrator states she is working with DPW, Town Counsel and the Police Department to address dumping on Willow Street and Flagship Drive. The Town will take care of what is within the ROW limits and signage will be installed in some areas. • Mr. Lynch states they are requesting a data log so the NACC can ensure the subject property is incompliance with the Order prior to issuance of a COC. • Mr. Manzi suggests the property owners install a camera to help deter dumping. • A motion to continue to February 14, 2024,is made by Mr. Lynch, seconded by Mr. Manzi. • Vote 5-0,Unanimous. Documents 242-1794, 335 Willow Street(OOC), 335 Willow St(242-1794) CoC Request, 335 Willow St—As-Built Plan, Long Tenn O&M 335 Willow-Rev. 09-14-20, Sept. 2023 O&Mlnvoice, rip rap BMP Small Project NACC#319,333 Waverly Road (Erickson Foundation Solutions) • The Administrator states the Applicant has requested a continuance. • A motion to continue to February 14, 2024,is made by Mr. Manzi, seconded by Mr. Lynch. • Vote 5-0,Unanimous. Documents Email from cs�antiagr�(c(erickson.com requesting a continuance until 0211412024 Small Project NACC#320,4 Oak Avenue(Erickson Foundation Solutions) • The Administrator states the Applicant has requested a continuance. • A motion to continue to February 14, 2024,is made by Mr. Manzi, seconded by Mr. Lynch. • Vote 5-0,Unanimous. Documents Email from csantia -o 4, rickson.cram requesting a continuance until 0211412024 Notice of Intent(NOI) 242-1878,30 Anne Road (Vidal) • The Administrator states the Applicant has requested a continuance. • A motion to continue to February 14, 2024,is made by Mr. Manzi, seconded by Mr. Lynch. • Vote 5-0,Unanimous. Documents 2024-01-24 Conservation Commission Minutes Page 3 of 4 Approved 0311312024 Email from jack a>,chonf rg isengineering.com requesting a continuance until 0211412024 Notice of Intent(NOI) 242-1876,492 Sutton Street(Lawrence Airport) • The Administrator states the Applicant has requested a continuance. Third party peer review is underway. • A motion to continue to February 28, 2024,is made by Mr. Manzi, seconded by Mr. Lynch. • Vote 5-0,Unanimous. Documents Email from _arena a)lawrencemunicipalairport.com requesting a continuance until 0212812024 Enforcement Order/Violation 49 Court Street(Petrosino/Fiorante) • The Administrator provides background on the Enforcement Order heard at the last meeting. A site inspection was performed; one of the soil stockpiles was actually a very dirty snow stockpile. The area of soil stockpiled near the driveway has been removed; additional erosion controls were requested at the base of the slope in that area. Due to snow coverage, it is difficult to determine the amount of vegetation present; once more melt has occurred another inspection will be conducted to determine if additional erosion controls will be required. Fines as of today total $1,300. A wetland consultant and surveyor have been re-engaged. The homeowner has been advised that the proposed plan should be as comprehensive as possible. • Mr. Lynch expresses concerns that the NACC was taken advantage of by the homeowner. He is not in favor of rescinding the fines and thinks a date should be set by the NACC for the NOI to be filed. • Mr.Napoli expresses concerns with the age of the EO and that ongoing work has occurred with a cease and desist in place. He is surprised the adjacent property didn't complain of impacts from the ongoing work. He believes fines should stand as recommended by the Administrator. • Sergio Bonilla,Mission Wetland states once the slope was stabilized(Fall of 2022)his involvement in the project was reduced due professional/personal commitments. As of January I Ith,he is back on board with the project and will be helping to prepare the NOL Millennium Engineering has been secured to perform a survey for the preparation of a plan showing proposed improvements. Minor grading was performed to alleviate flow directed towards an abutting property. The steel fence is temporary and can be lifted easily to be removed. The patio was installed out of convenience since the contractor was already at the house; it's no further/towards the direction of the BZ or resource areas than the rear of the house. The slope was stabilized within weeks of his original involvement. He is not confident an NOI can be submitted in time for the next meeting. • James Fiorante,the homeowner's partner, states the contract with Millennium Engineering has been signed. • Mr. Manzi states the NACC is frustrated due to the lack of progress. He believes they are present tonight only due to daily tolling of fines and recommends the NOI be filed as soon as possible. The fines can be appealed once an Order has been issued. • Mr. Bonilla requests the NACC consider discontinuing daily fines. Per the EO additional erosion controls have been installed at the toe of slope near the driveway. • The Administrator states a complete and properly prepared NOI is required to stop tolling of fines. She urges the consultant not to rush the development of the plan for expediency. • Mr. Lynch states when the EO is lifted the Commission can discuss whether it would be fair to freeze fines going back to today's date; the fines from tonight back are non-negotiable. He requests a copy of the signed contract between the homeowner and Millennium Engineering. • A motion to continue to February 14, 2024,is made by Mr. Manzi, seconded by Mr. Lynch. • Vote 5-0,Unanimous. Documents 01-10-2024 Meeting Materials, 07-13-2022 Meeting Materials, 08-10-2022 Meeting Materials, 09-14-2022 Meeting Materials, 09-27-2023 Meeting Materials, 09-28-2022 Meeting Materials, 10-26-2022 Meeting Materials, 01-23-24 Site Pies 49 Court, Sth Amended EO- 49 Court Street 01 10 24, EMail Correspondence- Sth Amended Enforcement Order 2024-01-24 Conservation Commission Minutes Page 4 of 4 Approved 0311312024 General/New/Old Business Review of Agriculture Exemption Regulations-310 CMR 10.04- brief staff PowerPoint • The Administrator reviews Agricultural Exemptions via a PowerPoint presentation. • No action is required as this was for informational purposes only. Documents Agricultural Exemptions-Powerpoint A. Maxner to AA CC Adjournment • A motion to adjourn at 8:24 p.m. is made by Mr. Manzi, seconded by Mr. Lynch • Vote 5-0,Unanimous. 2024-01-24 Conservation Commission Minutes