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Home My WebLink About2024-04-24 Conservation Commission Minutes Page I of 6 Approved 0510812024 North Andover Conservation Commission Meeting Minutes April 24,2024 Members Present: Sean F. McDonough, Marissa Valentino,Louis A.Napoli, Chairman,Albert P. Manzi,Jr., Vice Chairman, Joseph W. Lynch, John T. Mabon,and Bradley S. Mustain Members Absent: none 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 April 10, 2024 as drafted is made by Mr. Lynch, seconded by Mr. Mabon. • Vote 7-0,Unanimous. Notice of Intent(NOI) 242-1887, 156-172 Chestnut Street(Cherry Properties LLC) • The Administrator states the Applicant has requested a continuance. • A motion to continue to May 8, 2024, is made by Mr. McDonough, seconded by Mr. Lynch. • Vote 7-0,Unanimous. Documents Email from Iacks,053 comcast.net requesting a continuance until 0510812024 Certificate of Compliance NACC#240,505 Sutton Street(Sutton Street Dev.) • The Administrator states the Applicant has requested a continuance. • A motion to continue to May 8, 2024,is made by Mr. McDonough, seconded by Mr. Mabon. • Vote 7-0,Unanimous. Documents Email from ALoth&mineoeor).cam requesting a continuance until 0510812024 Certificate of Compliance 242-1817, Osgood Street(Rt. 125) at Osgood Landing(HIP Transaction Services,LLC) • The Administrator states the Applicant has requested a continuance. • A motion to continue to May 8, 2024, is made by Mr. McDonough, seconded by Mr. Lynch. • Vote 7-0,Unanimous. Documents Email from Liolmes&Iangan.com requesting a continuance until 0510812024 Certificate of Compliance 242-1848,463 Winter Street(Birch Lane LLC) • The Administrator states in July 2022, an upgrade to the septic system was approved. Additionally, reconstruction of stairs and deck replacement were carried out outside the 50-foot NBZ. All work is finished, the BOH has issued its certificate, and the site is stable with wetland markers in place.It is recommended to issue a full COC with ongoing conditions as specified by the OOC. • A motion to issue a full and final Certificate of Compliance with ongoing conditions is made by Mr. McDonough, seconded by Mr. Manzi. • Vote 7-0,Unanimous. Documents CONCOMASBUILT PLAN, Document 2024-04-21 150302, IMG 2194, IMG 2989 2024-04-24 Conservation Commission Minutes Page 2 of 6 Approved 0510812024 Modification 242-1841,479 Lacy Street(Windrush Farm) • The Administrator provides background on the Order issued May 2022. The Applicant is seeking a Modification which includes removing the existing shed and constructing an"L" shaped steel building addition, increasing the approved footprint by 282-sq ft. The rear corners of the addition will be at the same distance as previously proposed. Roof runoff management and analysis have been provided,proposing a cultec infiltration system. An O&M plan is included in the drainage review. A test pit near the cultec location revealed gravel-cobble-stone soil. Additionally, a water line installation is proposed within the Buffer Zone. • Mr. Mustain approves of the infiltration chambers near the foundation since it will be slab style, and requests cleaning shredded rubber near the shed. • Mary Rimmer,Rimmer Environmental introduces a new gabled roof design that directs roof drainage to the front, improving existing conditions while maintaining the wetland's proximity. Test pits verified sufficient infiltration capacity in the gravel area above cultec zone,to be restored. • Mr. Lynch emphasizes a 2-foot cover in the cultect system to bear the weight of vehicles effectively. • The Administrator recommends to issue a Modification to comply with the existing conditions and maintain stormwater best management practices. Proof of annual maintenance for the stormwater system is required. The approved Operation&Maintenance Plans are mandatory and must be followed indefinitely. A new plan for the 2-foot cover is needed prior to the issuance of the MOOC. Recording the Modification before starting work is necessary. • A motion to grant the Modification as discussed is made by Mr. Lynch, seconded by Mr. Mahon. • Vote 7-0,Unanimous. Documents Approved Shed Plan revised 4-11-22, Drainage Summary 3.24.2024 L Shape Building, Figures, Catchments, RevisedPLanL-ShapedBuilding, Revision #1 4.17.2024 Rooflnfiltration, Summary Letter 3.24.2024 L Shape Building WindrushShedRegforMod.docx Small Project NACC#93-Renewal, 660 Great Pond Road(Giving Garden at Rolling Ridge) • The Administrator states the Applicant is seeking a yearly Small Project Permit renewal at Rolling Ridge. The Giving Garden employs eco-friendly practices like no-till gardening, on-site composting, and organic fertilizers. A new compost bin was built by an Eagle Scout for better compost management. The garden has donated over 10,000 pounds of produce to local charities and gives some of that harvest to Rolling Ridge as rent. Recommended actions for the permit renewal include submitting an annual report, informing CR holders about the organic farm permit renewal, and using solely organic weed and pest control on-site. • Fran Fink, Giving Garden is present. • A motion to renew the Small Project for 1-year is made by Mr. Manzi, seconded by Mr. Mahon. • Vote 7-0,Unanimous. Documents Soil Conservation Rpt March 2024 Request for Determination of Applicability 201 Amberville Road(Hotaling) • The Administrator presents the proposal for the construction of a permeable paver patio and retaining walls with masonry stairs outside the 50-foot NBZ. The patio and stairs will cover a 245-sq ft area and will be located on the left side of the house. The existing sloped grade will require grading and retaining walls for the patio and stairs. Violations (planting beds, a shed, and chain link fence)located within the 25-foot NDZ will be removed. A new wood and wire fence will be installed along the 25-foot NDZ and western side, and a privacy fence will be installed along the eastern side.Native plantings will be added adjacent to the new fence within the existing lawn area. The 25-foot NDZ will be left to renaturalize. The wetland has been delineated and its boundaries have been reviewed and approved. 2024-04-24 Conservation Commission Minutes Page 3 of 6 Approved 0510812024 • Dean Hotaling,the Applicant is present. • Ms. Valentino questions if the permeable patio has an under drain. • Russell Stott,Andover Landscape Design& Construction states it will have an open graded base with 2-3 ft crushed stone that acts as drywell. • The NACC discusses whether they required a physical barrier when the development was built. Members recall that not all lots were required to have a barrier but some had retaining walls due to topography. • The Administrator recommends to close the public hearing and issuing a Negative 43 Determination,with the following special conditions: erosion controls,including mulch sock and silt fence,must be installed at the limit of patio work and at the limit of wetland before any work begins. A site inspection with the Conservation Department,homeowner, and contractor should be scheduled to review the erosion controls and project details. All violations must be addressed and inspected before patio work starts. Construction materials should be stored in the driveway or nearby, upgradient of patio area. A final inspection will be conducted to ensure compliance and approve the removal of erosion controls. • A motion to close the hearing and issue Negative Determination#3 with conditions as recommended is made by Mr. Lynch, seconded by Mr. Manzi. • Vote 7-0,Unanimous. Documents 201 Amberville 02-29-24 Pies, RDA Application with Supporting Materials 0410 24 Abbreviated Notice of Resource Area Delineation 242-xxxx,492 Sutton Street(NAAS Development,LLC) • The Administrator states the Applicant has requested a continuance. • A motion to continue to May 8, 2024,is made by Mr. Mabon, seconded by Mr. Manzi. • Vote 7-0,Unanimous. Documents Email from Andrew d ddardeon.sultin 41c.eom requesting a continuance until 0510812024 Notice of Intent(NOI) 242-1876,492 Sutton Street(Lawrence Airport) • The Administrator states the Applicant has requested a continuance. • A motion to continue to May 8, 2024, is made by Mr. McDonough, seconded by Mr. Manzi. • Vote 7-0,Unanimous. Documents Email from dom.zazzaro�&stantec.com requesting a continuance until 0510812024 Notice of Intent(NOI) 242-1878,30 Anne Road(Vidal) • The Administrator provides background on the proposal heard at a previous meeting. The engineer confirmed that the sewer connection work is the only thing covered by the NOI/OOC. Other site improvements will require a separate application with the NACC, including wetland delineation and vernal pool investigation. The Commission requested a dewatering detail,with crushed stone and hay bales on the southern side of the driveway. Additionally,the force must be sleeved with 4" SDR-35 insulation along the culverts and 10-ft on each side. The shared driveway owned by 37 Anne Road will be used for the sewer work, and the Commission requested a recorded easement for proper permissions. • Aleksandr Chongris, Chongris Engineering states the homes were constructed without sewer,but now they plan to connect to the public sewer system. Construction is privately maintained. Dewatering is not anticipated but is shown on the plan at the outer reaches of the Buffer Zone. • A motion to close and issue in 21 days is made by Mr. Lynch, seconded by Mr. McDonough. • Vote 4-3, (In Favor: McDonough,Napoli, Lynch&Mabon,Abstained: Valentino, Manzi&Mustain). Documents 2024-04-24 Conservation Commission Minutes Page 4 of 6 Approved 0510812024 10-25-2023 Meeting Materials, 11-15-2023 Meeting Materials, 23.166 30 ANNE ROAD NORTHANDOVER NO]PLAN_Rev2, Easement Recorded- 30 Anne Road, Waiver-Release &Hold Harmless Agreement-30 Anne Road(1) Notice of Intent(NOI) 242-1884,49 Court Street(Petrosino) • The Administrator states the Applicant has requested a continuance. • A motion to continue to May 8, 2024, is made by Mr. Manzi, seconded by Mr. Lynch. • Vote 7-0, Unanimous. Documents Email from Lurd iorante(j),ainail.com requesting a continuance until 0510812024 Notice of Intent(NOI) 242-1885,416 Abbott Street(Ziej a) • The Administrator states the Applicant has requested a continuance. • A motion to continue to May 8, 2024, is made by Mr. Manzi, seconded by Mr. McDonough. • Vote 7-0,Unanimous. Documents Email from Andrew a) oddardconsultin�llc.com requesting a continuance until 0510812024 Notice of Intent(NOI) 242-1886, Stevens Street ROW Culvert(North Andover DPW) • The Administrator states the Applicant has requested a continuance. • A motion to continue to May 8, 2024,is made by Mr. Manzi, seconded by Mr. McDonough. • Vote 7-0,Unanimous. Documents Email from,'hor Yesi�andoverma.�ov requesting a continuance until 0510812024 Notice of Intent(NOI) 242-1888, 50 Hay Meadow Road(Hughes) • The Administrator presents the proposal for replacing a septic system with a 1500-gallon tank,D-box, and a 42'x20'pipe& stone leach field. The field will be built on top of a slope and a Geo-membrane will wrap around 3 sides. The existing leach field is 25-ft from the new system, and a temporary gravel construction route with a crushed stone filter berm is proposed. The leach field will be 52-ft from the BVW,with grading approximately 39-ft away. Additional erosion control measures are recommended for the northerly edge due to the slope. Test pit information has been provided;no dewatering expected as the water table is below the seasonal high. The wetland has been delineated and its boundaries have been reviewed and found to be accurate.No mounding is proposed. • Brian Hughes,the Applicant, and the contractor, Buddy Watson, are present for questions. Erosion controls are proposed outside of the temporary gravel construction route. • Mr. Lynch assures removal of excess soil and no stockpiling allowed at the site. • A motion to close and issue in 21 days is made by Mr. McDonough, seconded by Mr. Manzi. • Vote 7-0,Unanimous. Documents 50 Hay Meadow Site Pics 04-19-24, 50 Hay Meadow COM's, 50 Hay Meadow NOI, 50 Hay Meadow RF Calcs, 50 HAYMEADOW RD. NOR TH ANDO VER-CON] 4-11-24 Rev, 50 HAYMEADOW RD.-NOR TH ANDOVER-CON2 (1) 4-11-24 Rev Enforcement OrderNiolation 242-1884,49 Court Street(Petrosino) • The Administrator states the Applicant has requested a continuance. 2024-04-24 Conservation Commission Minutes Page 5 of 6 Approved 0510812024 • A motion to continue to May 8, 2024,is made by Mr. McDonough, seconded by Mr. Manzi. • Vote 7-0, Unanimous. Documents Emailftotnjinikiarante@gmail,cram requesting a continuance until 0510812024 Enforcement Order/Violation 416 Abbott Street(Zieja) • The Administrator states the Applicant has requested a continuance. • A motion to continue to May 8, 2024, is made by Mr. McDonough, seconded by Mr. Manzi. • Vote 7-0, Unanimous. Documents Email from Andrew�ucaddardconsultin(lle.eom requesting a continuance until 0510812024 Enforcement OrderNiolation 340 Forest Street(Phelps) • The Administrator states on March 27, 2024,the Conservation Department found multiple wetland violations at 340 Forest Street. Violations include removal of trees and vegetation within no-disturb and no- build zones, as well as construction of an artificial pond and retaining walls in buffer zones. The current owners bought the property in December 2019, and the violations occurred between 2020 and 2023. • Michael Phelps the homeowner explains that trees damaged by a fallen limb were removed,they were not trying to clear land. Unaware of the Buffer Zone,retaining wall construction remains unfinished. Pond is about 65-ft from the wetland edge in his estimation. • The Field Inspector states based on aerial photographs the pond is less than 50-ft from the wetland,possibly 25-ft., additional tree removal evident in 2020-2023 aerial pictures. • Mr. Phelps states several pine trees within the lawn area were removed when they first moved in. • The Commission examines the violation, instructs staff to measure wetland boundaries, and report the findings to the NACC for further action. • Mr. Lynch states violations will require restoration, not just removal. • A motion to continue to May 8, 2024 is made by Mr. Lynch, seconded by Ms. Valentino. • Vote 7-0,Unanimous. Documents IMG 2287,IMG 2288, Violation Notice-340 Forest Street General/New/Old Business Corridor Improvements On Route 114 • The Administrator informs the NACC that the EIR is released but is unsure if the Commissioners have reviewed it. She offers the Commission the chance to comment as a whole before the early May deadline. Roadway improvements from Waverly Road to Willow Street will involve property takings and house demolitions for widening. • Mr. Lynch opposes turning the current pedestrian crossing into a roadway near wetlands, questioning its necessity on private property in a MassDOT project. • The Administrator states the proposal includes redirecting a DOT drain that connects with Town drain pipes due to damage caused by the August 2023 storms out on Waverly Road. They will establish an easement with Market Basket to create a new basin for that drainage,possibly within the Buffer Zone. • The Commission expresses concerns on how Market Basket intends to manage the water. • The Administrator checked all appendices and found that Appendix H(stormwater report)was missing from the dropbox. Stantech has been notified to send or upload it for viewing. • Mr. Lynch argues that the State lacks jurisdiction over the Town Bylaw. To oppose, they must assert adherence to the Bylaw and explain how the submission lacks required documentation. Specifically, stormwater calculations related to Market Basket and minimizing impacts should be addressed, as new avoidable impacts are being introduced. 2024-04-24 Conservation Commission Minutes Page 6 of 6 Approved 0510812024 • The Administrator requests Commission members to send their comments to her for a formal letter from the NACC. Deadline for comments is May 3rd,to be reviewed at the May 8th meeting. • No action is required at this time. Documents Appendix A -MEPA EENF Certificate, Comment Letters, and Responses to Comments,Appendix B-Figures, Appendix C-I -Existing Conditions Plan (1), Appendix C-2 -Existing and Proposed Surface Cover Types, Appendix C-3- Color Rendering Proposed Conditions,Appendix C-5- Colored ROW Plans, Appendix D - Supplementary EJPollution Data, Appendix E-Summary of Coordination with Property Owners,Appendix F-Arborist Report and Landscaping Plans, Appendix G- Traffic Study Supporting Documents, Appendix I- Wetland Delineation Report, Appendix J-Design of Mosquito Brook Crossing,Appendix K-Distribution List, North Andover EIR Final MEPA (1) General/New/Old Business 310 CMR 10.00 State Regulations-Proposed Amendments • The Administrator states the Mass. Society of Municipal Conservation Professionals has a draft letter summarizing their perspective,which included input from their member Conservation Commissions and agents. They haven't provided feedback on the stormwater revisions as comments from their partners will be submitted separately. • The Commission briefly discussed the stormwater regulation changes. • Mr. Mustain thinks NOAA14 is great,but finds NOAA14+unnecessary for their design needs. • Ms. Valentino states that most of the regulations are focused on coastal development within ocean-adjacent velocity zones.Numerous organizations are sharing similar perspectives, making it unclear if reiterating their points would be beneficial. • The Administrator finds the new 860-page stormwater handbook too complex for Conservation Commissions/Agents; it is just part one(first phase) of a two-part revision planned by DER • Ms. Valentino warns of additional obstacles for stormwater features in regulations. • No action is required at this time. Documents DRAFT MSMCP letter-Misc. Wetland Regulations comments and draft 2.0 regs. (1), MSMCP Key Points to Wetland Protection Act Revision Package 1, Presentation -MassDEP Proposed Regulatonv Revisions FINAL.pptx, Redline 310 CMR 10 WETLANDS-DRAFT RESILIENCE 12-1-23 Decision 242-1878,30 Anne Road(Vidal) • The Administrator reviews the draft Order of Conditions. • Dewatering system installation will be required; bond set at$5,000. • A motion to adopt the Order of Conditions as drafted and amended is made by Mr. McDonough, seconded by Mr. Mabon. • Vote 4-3, (In Favor: McDonough,Napoli, Lynch&Mabon,Abstained: Valentino, Manzi&Mustain). Adjournment • A motion to adjourn at 8:35 p.m. is made by Mr. McDonough, seconded by Mr. Manzi. • Vote 7-0,Unanimous. 2024-04-24 Conservation Commission Minutes