HomeMy WebLinkAbout2024-02-28 Conservation Commission Minutes Page 1 of 7
Approved 0312712024
North Andover Conservation Commission Meeting Minutes
February 28,2024
Members Present: Marissa Valentino, Bradley S. Mustain,Louis A.Napoli, Chairman, Albert P. Manzi, Jr.,
Vice Chairman and Joseph W. Lynch
Members Absent: John T. Mabon and Sean F. McDonough
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
• The minutes for January 24, 2024 have not been reviewed.
Certificate of Compliance
242-1739,Rea Street Subdivision(RDM Rea St LLC)
• The Administrator provides background on the Order issued in December 2018. All required documents have
been received and special conditions met. A second OOC was issued for the lots that were within jurisdiction;
this Order has been closed out.
• Robert Innis,the developer,is present.
• The Commission discusses who will be responsible for carrying out the O&M Plan after street acceptance is
complete.
• Mr. Lynch states whatever the agreement is between the Planning Department and Town someone will be
required to maintain all the facilities. The NACC required BMPs be in place to meet the stormwater
standards; there is a document in place to maintain them.
• A motion to issue a full and final Certificate of Compliance is made by Mr. Lynch, seconded by Mr. Manzi.
• Vote 5-0,Unanimous.
Documents
2021-10-19 Rea Street As Built Drainage Summary, 2022-03-31 Rea Street Stamped As Built Plan, 2024-02-
15 COC Request Rea Street with attachments, Beaver solutions 2023 Inspection Report, COC form 8 A, HOA
Doc Recorded_17702-218,IMG_2490, IMG_2516, IMG_2517, IMG_2518, IMG_2519, IMG_2520,
IMG_2521,IMG_2522,IMG_2523, IMG_2524, IMG_2525, IMG_2526, IMG_2527, IMG_2528, IMG_2529,
IMG 2530,IMG 2531, REVISED POST CONSTRUCTION OPERATIONAND MAINTENANCE PLAN-
REA STREET
Small Project
NACC#321, 138 Lacy Street(Todisco)
• The Administrator states the project is for the construction of a new deck and footings. The new deck will be
within the existing footprint of a previous deck that deteriorated and was removed. The proposed deck is 100-
sf smaller than the previous deck. Gravel will be used to raise the grade underneath the deck to aid in drainage
and encourage water to flow away from the foundation; no other grading is proposed. The new deck will be
approximately 90-feet from the wetland at its closest point.
• Mr. Philip Todisco, the Applicant states due to water issues the area underneath the deck will be brought up to
the existing grade using compacted 3/4-inch gravel. Once footings are installed filter fabric will be added and
topped with 3/4-inch stone.A window well will be installed around the window underneath the deck.
• Mr. Lynch questions the location of the septic system.
• Mr. Todisco states the septic is in the front yard.
• A motion to accept this as a Small Project"A"&"L"is made by Mr. Manzi, seconded by Mr. McDonough.
• Vote 5-0,Unanimous.
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Approved 0312712024
• A motion to approve the Small Project as proposed with conditions as recommended is made by Mr. Manzi,
seconded by Mr. Lynch.
• Vote 5-0, Unanimous.
Documents
138 Lacy Pics, Proposed Deck, Aerial map wetland measurement 138 Lacy, Small Project Application with
Supporting Materials 02 22 24
Modification
242-1856,35 Hawkins Lane(aka 9 Hawkins Lane) (Barr)
• The Administrator provides background on the Order issued in February 2023. Construction is well
underway;the foundation is installed and the contactors have encountered ledge at the west end of the
foundation. A section of ledge was altered to accommodate one the roof infiltration systems however the
location for the second infiltrator was more solid. The Applicant is seeking a Modification to eliminate the
second infiltration system and replace it with two downspouts with scour protection at the rear of the house.
• Mr. Lynch questions if it's possible to make the infiltration system double gallery instead of single gallery in
the same location.
• Andy Barr,the homeowner,believes they would get more recharge from downspouts discharging to the yard.
He expresses concerns with water finding its way back to the house if they infiltrate into the bedrock.
• The Commission discusses the size of the infiltration tanks and agrees it is okay to remove the second
infiltration system due to ledge.
• A motion to grant the Modification to remove the southernmost infiltrator allowing the first infiltration
system to the north to remain made by Mr. Lynch, seconded by Mr. Manzi.
• Vote 5-0,Unanimous.
Documents
9 Hawkins Erosion Control Site Plan 11-16-23-revised 2-14-24, 9 Hawkins Lane letter Stormwater
Modification 2-14-22, Application Checklist-Modification Request-2-14-24
Abbreviated Notice of Resource Area Delineation
242-1883, 1250 Osgood Street(Gandhi)
• The Administrator states the Applicant is requesting the NACC confirm 280-1f. of BVW associated with an
intermittent stream. A site walk was performed by staff and the wetland consultant; no changes to the flag line
are required. The site contains lots of trash and broken bottles/glass.
• Commissioners Lynch and Manzi question if the site was a recipient of any of the bad flow from 1210
Osgood Street.
• The Administrator states this site and the wetland is upgradient of 1210 Osgood Street.
• Stephen Stapinski, Merrimack Engineering Services is present.
• A motion to close and issue in 21-days is made by Mr. Manzi, seconded by Mr. Lynch.
• Vote 5-0,Unanimous.
Documents
Site Visit(2-28-2024) 1250 Osgood Street, 15155ANRAD01, ANRAD Application with Supporting Materials
02 08 24, Princeton 1210 Osgood ANRAD Plan
Notice of Intent(NOI)
242-1878,30 Anne Road(Vidal)
• The Administrator states the Applicant has requested a continuance.
• A motion to continue to March 13, 2024,is made by Mr. Manzi, seconded by Mr. Mustain.
• Vote 5-0,Unanimous.
Documents
Email from alek a)chongrisengineerin �com requesting a continuance until 0311312024
Notice of Intent(NOI)
242-1876,492 Sutton Street(Lawrence Airport)
2024-02-28 Conservation Commission Minutes
Page 3 of 7
Approved 0312712024
• The Administrator states the Applicant has requested a continuance.
• A motion to continue to March 27,2024,is made by Mr. Manzi, seconded by Mr. Mustain.
• Vote 5-0, Unanimous.
Documents
Email from dom.zazzaro q),stantec.corn requesting a continuance until 0312712024
Notice of Intent(NOI)
242-1869, 674 Turnpike Street(Yamin)
• This item was not discussed.
Documents
Email from moyamin�yahoo.cont requesting a continuance until 0311312024
Notice of Intent(NOI)
242-1882,350 Winthrop Avenue(DSM Realty,Inc)
• The Administrator states additional information and a revised plan has been received. A taller fence is
proposed on the south side of the property to help abate trash deposition in the wetland. A plan on how they
propose to remedy the erosion at the twin 36-inch culverts at the rear of the property has been provided; all
work is upland of the delineated wetland. The roof runoff at the rear of the building will be taken offline.No
physical changes to the site were required by the Planning Board; sound testing has been required for 2-years
post construction; depending on these results,physical abatement measures may be required. The Planning
Board closed their hearing on February 20th and issued their approval.
• Brian Dundon,RJO'Connell&Associates and Thomas Liddy, Lucas Environmental are present.
• Mr. Dundon states the discussion with the Planning Board is focused around the southernmost loading dock
facility for the future supermarket which is outside of the Buffer Zone. The changes established should
eliminate the nighttime noise disturbance.
• Mr. Mustain questions if a detail for the chain link fence was provided.
• Mr. Dundon states the fence height is noted on the C4 plan in multiple locations; a shop detail for the 8-inch
fence will be provided to the contractor.
• A motion to close and issue in 21-days is made by Mr. Manzi, seconded by Mr. Lynch.
• Vote 5-0,Unanimous.
Documents
01-10-2024 Meeting Materials, 02-14-24 Meeting Materials, 2024-02-19-North Andover Mall
Redevelopment Complete Set
Notice of Intent(NOI)
242-1884,49 Court Street(Petrosino)
• Mr.Napoli states the grades shown on the plan are not accurate.
• The Administrator states the slope is different on the ground then what is shown on the NOI plan.
• Mr. Lynch states an existing conditions plan should reflect conditions that existed prior to any alteration.
Work should restore the limits to what was originally there prior to any fill being brought in;restoration work
should meet the bylaw and create stability.
• The Administrator states the NOI is a result of an EO for the unauthorized importation of fill, grading, and
installation of a patio. The NOI is one of the corrective actions required by the NACC in the EO. Activities
subject to after-the-fact permitting include the import of fill, grading to create a level backyard,patio
construction, steel fence and arborvitaes installed at the top of the slope.Newly proposed activities include a
driveway extension with associated grading, retaining wall, sections of privacy fencing,relocation of fence
sections, 8x8 shed, stone patio seating area and drainage to capture roof runoff. A formal waiver request has
been submitted. The Administrator notes there is a swing set and trampoline located within the 25-foot NDZ
which need to be removed. The topography for the rear slope reflects fill material initially brought to the site,
not the present conditions.
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Approved 0312712024
• Sergio Bonilla,Mission Wetland states the plan reflects what was done in the summer of 2022. There is no
known data for the 25-foot NDZ and 50-foot NBZ prior to the importation of the fill.
• James Fiorante,the homeowner's partner, states five(5) 15-yd truckloads of fill were brought in.
• Mr. Lynch states the existing condition is a violation.
• Mr.Fiorante states it was his understanding that the violation had been satisfied and the NOI was for future
plans. He offers to provide old photos to show the original property grade.
• The Administrator states the survey was done prior to the material being pulled out of the 25-foot NDZ.
• Mr. Bonilla states the surveyor did not feel comfortable certifying the plan since he did not have existing
grades from before the activity was conducted. He states the homeowner's partner has some spot elevations
they can try and work from. Stormwater currently sheds to the southwest.
• Mr. Mustain requests the current topography be added to the plan.
• Mr.Napoli expresses concern water is being dispersed to the abutting properties due to the change in
topography. He requests they add existing elevations to the plan and overlay proposed elevations.
• Jay Mortenson,259 Osgood Street expresses concern with the removal of vegetation on the Applicant's side
of the brook. He is now experiencing flooding within the lawn area and wildlife is no longer present. He
believes that the brook has changed based on the runoff from different projects.
• Mr. Manzi expresses concerns that much of the proposal is based on a waiver request.
• John Weaver, 37 Court Street expresses concerns with how the project will impact his property.
• Ms. Valentino questions where the tree line was prior to any work.
• Mr. Fiorante states the stumps of the trees removed are shown on the plan.
• Mr. Lynch questions if there were photos taken by the previous Field Inspection at the time of the tree
removal request,if so, he would like to review them at the next meeting.
• After due discussion the NACC agrees that an on the ground survey of the existing conditions and a separate
plan with what is proposed is required;plan to be stamped by a certified surveyor.
• A motion to continue to March 13,2024,is made by Mr. Manzi, seconded by Mr. Mustain.
• Vote 5-0,Unanimous.
Documents
F-NOI Plan (2-5-24), NOI Application with Supporting Documents - 49 Court Street 02 07 24, Notice of
Extension Form-49 Court Street 02 07 24
Enforcement Order/Violation
49 Court Street(Petrosino/Fiorante)
• This item was not discussed.
• No action is required at this time.
Documents
01-10-2024 Meeting Materials, 01-24-2024 Meeting Materials, 02-14-2024 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
Enforcement OrderNiolation
242-1273, 113 Bridges Lane(Do Carmo)
• The Administrator provides background information on the EO discussed at the previous meeting. A site
inspection was performed and significant alteration of the Buffer Zone was discovered. The alteration consists
of understory removal,unauthorized fill,installation of crushed stone and pea stone in the buffer zone and up
to the very edge of wetland, and construction of a boardwalk and deck within the wetland. The Administrator
notes there is an outbuilding that could accommodate a car that was constructed up against the wetland. She
recommends the Commission issue an EO requiring a full existing condition plan and wetland delineation for
the property to better understand what needs to be removed as well as restoration of impacted areas and what
could be permitted under an after-the-fact NOI. The homeowner received written and verbal notification from
staff that the property contained wetlands prior to these alterations.
2024-02-28 Conservation Commission Minutes
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Approved 0312712024
• Claudinei Do Carmo,the homeowner, states no trees were removed from the backyard and water flows from
the street behind him into his backyard.
• The Administrator notes that that area in the backyard is a wetland and always has been.
• The NACC discusses the violation and agrees to issue an amended Enforcement Order. The homeowner is to
cease and desist, engage the services of a wetland scientist and registered licensed surveyor to delineate the
wetland and prepare an existing conditions plan. A written removal and restoration plan detailing the means
and methods for removing the violations from within the wetland,25-foot NDZ and 50-foot NBZ is required
to be submitted to the NACC within 60-days.Fines to be assessed starting February 28, 2024 in the amount of
$100 per day until the existing conditions plan and removal and restoration plan are submitted to the NACC.
If these items are received by the deadline the NACC will consider rescinding the fines.
• A motion to amend the Enforcement Order as discussed and recommended is made by Mr. Manzi, seconded
by Mr. Lynch.
• Vote 5-0, Unanimous.
Documents
02-14-2024 Meeting Materials, 113 Bridges 02-27-24, Town of North Andover Mail- 113 Bridges Lane
Conservation File Review
Enforcement Order/Violation
1689 Salem Street(Shea)
• The Administrator states the violation was discovered during a hazardous tree removal request. The violation
consists of a shed and chain link fence located within the 25-foot NDZ, and portions of the fence are within
the wetland itself. The homeowner is the original owner from when the house was built in 1986. She
recommends removing the fence outside of the 25-foot NDZ and relocating the shed to outside of the 50-foot
NBZ.
• Mark Shea,the homeowner, states he was unaware of any rules due to the wetlands and that he is amenable to
getting rid of both the fence and shed.
• The Commission discusses the violation and agrees to issue an Enforcement Order requiring removal of the
fence from the wetland and 25-foot NDZ and removal of the shed from the 50-foot NBZ;removal is to be
completed within 120-days. The hazardous trees may be removed; no stumping is permitted.
• A motion to issue an Enforcement Order as discussed and recommended is made by Mr. Manzi, seconded by
Mr. Mustain.
• Vote 5-0,Unanimous.
Documents
Photos (1-22-2024) 1689 Salem Street, 1689 Salem Street- Violation Letter 02 06 24, Aerial(2001) 1689
Salem Street, Aerial(2014) 1689 Salem Street,Aerial(2017) 1689 Salem Street
General/New/Old Business
226 Abbott Street—Request for Emergency Certification(Reich)
• The Administrator provides background information on culvert issues at 226,230 and 240 Abbott Street
shared driveway. A sinkhole was reported by the homeowner at 226 Abbott Street in July of 2023.A site visit
was conducted by staff and several Commission members; immediate action was to place a steel plate over
the area. Since the plate was installed, the homeowner has been actively trying to engage a contractor to
determine how to proceed. A site inspection was conducted by the Field Inspector in January due to a tree
removal request; the plate was still holding up at this time. While conducting another site visit in the area last
Friday the Administrator noticed an excavator and sections of culvert pipes stored next to the stream. The
homeowner has secured a contractor and is seeking an Emergency Certification; a scope of work has been
provided.
• Mark Reich, 226 Abbott Street provides background on the development of the sinkhole. He states an
Emergency Certification was not requested at the time since they were having difficulty securing a contractor
and the Emergency Certification is only good for 30-days. No work has been conducted without permission
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Approved 0312712024
from the NACC. The contractor is aware of the water and sewer line which run through the driveway; they
have been in contact with the DPW. Per the contractor the existing culvert pipe is 36-inches.
• Mr. Lynch does not believe the work is eligible for an Emergency Certification; once the plate was installed
the emergency was abated. He believes the work should be completed under an NOI and that issuance of an
Emergency Certification would be an abuse of this process. He states if the NACC votes to issue an
Emergency Certification he will appeal it with MassDEP. He reads the regulations governing the issuance of
Emergency Certifications,under certain situations (i.e.Immediate Response Actions approved by the Bureau
of Waste Site Cleanup (BWSC) of the Department of Environmental Protection in accordance with the
provisions of 310 CMR 40.0410: Immediate Response Actions, extreme weather declarations etc...).
• Mr.Napoli believes an Emergency Certification is appropriate; he visited the site in July and states the matter
has only gotten worse since.
• The Administrator reads an email from Circuit Rider Alicia Geilen,MassDEP dated February 28, 2024,
which indicates that a NOI should be filed,however if a local or state emergency official considers it an
emergency,then an Emergency Certification could be issued.
• Mr. Manzi states he was onsite this past weekend and the plate is sinking.
• Mr.Napoli does not think a fire truck could safely pass over the culvert in its current condition.
• Judith Reich, 226 Abbott Street expresses concerns with the 4-ft dead volume(void) under the driveway
which happens to be the same size as the metal plate that just covers the area.
• Mr. Lynch states the NACC needs a letter from the NA Fire Department to determine if the request is an
emergency.
• Mr. Mustain expresses concern with an EO/EC since there is no engineering to the flow rate and capacity the
pipe is going to receive. Due to the size of the bank,he is worried about a 36-inch pipe being able to convey.
He questions how much cover they will have over the 36-inch pipe. He also expresses concerns that the
design has not been through a proper review process by an engineer.
• Mr. Reich states when the culvert was functioning,they never had backups; an in-kind replacement is
proposed to minimize impacts in the area. They do not know how much cover they will have over the pipe
until it has been excavated.
• Mr.Napoli states the Town Engineer visited the site during the first site review and did not express any
concerns with what was proposed.
• Ms. Valentino states she does not expect the replacement to last as long as the original as engineering design
standards are quite different from when the current culvert was installed.
• The Administrator questions who will be responsible for damages if something goes wrong with the new
culvert and impacts the downstream abutters. She cautions the homeowner not to go the Emergency
Certification route to save money on a Notice of Intent. The homeowner was directed via email to secure the
services of an engineer and wetland consultant.
• The Commission discussed how to proceed with the request. They agree to issue an Emergency Certification
only if the Fire Department deems this an emergency due to the inability to take fire apparatus over the
culvert and provide safety to the occupants. The homeowner is responsible for getting this in writing from the
Fire Department. If the Fire Department does not deem this an emergency an NOI will be required. Staff is
required to be on site when work is conducted. Emergency Certification to be signed by the Administrator on
behalf of the NACC.
• Mr.Napoli requests a letter from 230 Abbott Street granting permission for the work to be conducted within
the easement.
• Mr. Reich agrees to get a letter from the owner of the land. All three homeowners have signed the contract for
the work to be performed; a copy of the contract has been provided to the Administrator.
• Mr. Mustain would like them to consider installing a head wall vs. a flared end.
• A motion to issue an Emergency Certification provided documentation from the Fire Department is received
deeming this to be an emergency is made by Mr. Lynch, seconded by Mr. Manzi.
• Vote 5-0,Unanimous.
Documents
2024-02-28 Conservation Commission Minutes
Page 7 of 7
Approved 0312712024
226 Abbott Pies 02-26-24, 226, 230, 240 Abbott Plan,240 Abbott, NA As Built Plan, 310 CMR 10.06-
Emergencies, Regulations-Emergency Certs with JLynch Comments, Sink Hole Chronology Report-226,
230, 240 Abbott Street FINAL, Town of North Andover Mail-Fwd Work Cell Not Working
Decision
242-1882,350 Winthrop Avenue (DSM Realty,Inc)
• 9:23 p.m. The Administrator leaves the meeting.
• The Commission reviews the draft Order of Conditions.
• 9:25 p.m. The Administrator rejoins the meeting.
• The bond will be set in the amount of$50,000.Protection measures will be done on a phase-by-phase basis.
DEP signage will be required in a location approved by the Conservation Administrator. The O&M Plan is
required to be recorded at the Registry of Deeds along with the Order of Conditions. A report for all four
seasons will be required after the construction is substantially complete,prior to a COC request.
• 9:36 p.m. The Field Inspector leaves the meeting.
• 9:38 p.m. The Fieldlnspector rejoins the meeting.
A motion to adopt the Order of Conditions as drafted and amended is made by Mr. Manzi, seconded by Mr.
Lynch.
• Vote 5-0,Unanimous.
Adjournment
• A motion to adjourn at 9:44 p.m. is made by Mr. Manzi, seconded by Mr. Mustain.
• Vote 5-0,Unanimous.
2024-02-28 Conservation Commission Minutes