HomeMy WebLinkAbout2024-05-08 Conservation Commission Minutes
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Approved 06/12/2024
North Andover Conservation Commission Meeting Minutes
May 8, 2024
Members Present: Bradley S. Mustain, Marissa Valentino, Louis A. Napoli, Chairman, Albert P. Manzi, Jr.,
Vice Chairman, Joseph W. Lynch, Sean F. McDonough, and John T. Mabon
Members Absent: none
Staff Members Present: Amy Maxner, Conservation Administrator and Justine Fox, Field Inspector
Meeting came to Order at: 7:01 p.m. Quorum Present.
Pledge of Allegiance
Acceptance of Minutes
A motion to accept the minutes of April 24, 2024 as drafted is made by Mr. Mustain, seconded by Mr. Manzi.
Vote 7-0, Unanimous.
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 22, 2024, is made by Mr. Manzi, seconded by Mr. Mustain.
Vote 7-0, Unanimous.
Documents
Email from ALoth@mincocorp.com requesting a continuance until 05/22/2024
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 22, 2024, is made by Mr. Manzi, seconded by Mr. Lynch.
Vote 7-0, Unanimous.
Documents
Email from mac.utsey@hillwood.com requesting a continuance until 05/22/2024
Small Project
NACC #324, 1200 Salem Street (Poulin)
The Administrator presents the proposal to regrade the driveway shoulder and repave the entire driveway
--site, separated by lawn, woods,
stonewall, and a neighboring driveway. The existing driveway has a steep drop-off, resulting in vehicles
falling, getting stuck and needing tow truck assistance. To address these issues, the Applicant plans to import
fill to raise the grade of the existing lawn, create a flat shelf at edge of driveway lip for vehicle maneuvering,
and establish an area for a future shed. A rhododendron bush in the middle of the driveway will act as a
reference point. Fill material will be placed on the south side, about 65-ft from the wetland, and on the north
side, about 50-ft from the wetland. No vegetation will be removed except for one dead/dying pine tree.
Recommendations include approving the project as a Small Project under category "L" with erosion controls,
including mulch socks and seeded biodegradable erosion control blankets for stabilizing the slopes until
vegetation grows. Conduct pre and post construction inspections.
7:07 p.m. Mr. McDonough joins the meeting.
Mr. Mabon inquired about driveway size and soil containment plans, including erosion control placement.
Katherine Poulin, the Applicant states no retaining wall is proposed; blend to zero.
Mr. Mabon believes a post construction inspection and erosion controls are crucial due to proposed soil
stabilization and slope.
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Mr. Lynch confirms erosion control blankets are only necessary on the steep slopes.
Mr. Napoli believes the project is approvable but insists it should be an RDA, not a Small Project due to
proposed filling and lack of elevations.
Ms. Valentino questions the grading, expressing concern that if the proposed 5-ft shelf meets the declining
grade, it will be impossible to achieve the grade due to the steepness from the driveway.
The Commission discusses placement of the erosion controls.
The Administrator suggests installing erosion control measures at the 50-ft and 65-ft, which will be
confirmed at the pre-construction meeting.
Vote 6-1, (In Favor: Mustain, Valentino, Napoli, Manzi, Lynch & Mabon, Abstained: McDonough).
A motion to approve the Small Project as proposed with conditions as recommended is made by Mr. Manzi,
seconded by Mr. Mabon.
Vote 6-1, (In Favor: Mustain, Valentino, Napoli, Manzi, Lynch & Mabon, Abstained: McDonough).
Documents
1200 Salem Site Pics, Small Project Application with Supporting Materials 04 25 24
Abbreviated Notice of Resource Area Delineation
242-1889, 492 Sutton Street (NAAS Development, LLC)
The Administrator confirms updates to the wetland line after a site walk, but is still waiting for revised plan
and DEP file number.
Andrew Thibault, Goddard Consulting confirms the site survey and new flags, awaiting the revised site plan.
Mr. Lynch opposes advancing the filing at the next meeting unless progress is made on the drainage
improvement. He questions whether the Applicant reported his concerns to the Town Manager and DPW.
The Administrator states the NACC requested additional calculations, and the Town's peer reviewer provided
a new contract requiring extra funds. The Conservation Department is awaiting the check, as the Town
Manager won't sign the contract until the funds are secured. This week, the check was received.
Mr. Lynch explains that the NACC typically does not conduct hearings on a property until the open
Enforcement Order has been resolved, or on large parcels, until good faith and progress is shown.
A motion to continue to May 22, 2024, is made by Mr. Manzi, seconded by Mr. Lynch.
Vote 7-0, Unanimous.
Documents
3_28_24 - Certified Abutters List - Lawrence Airport, Fully Signed Signature Page - Lawrence Airport,
Lawrence Municipal Airport ANRAD Application
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 22, 2024, is made by Mr. Manzi, seconded by Mr. Lynch.
Vote 7-0, Unanimous.
Documents
Email from dom.zazzaro@stantec.com requesting a continuance until 05/22/2024
Notice of Intent (NOI)
242-1884, 49 Court Street (Petrosino)
The Administrator states at the last meeting the Commission requested updated topography that includes
historical and current information within the 25-foot NDZ. Millennium Engineering won't certify pre-fill
topography in the 25-foot NDZ; the current plan reflects present ground conditions. Before and after photos
have been provided by Mr. Fiorante for reference.
Mr. Mabon raises concerns about the patio being within the 50-foot NBZ, unless it predates the violation, and
suggests including it in the waiver request. He proposes moving the retaining wall towards the street area,
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Approved 06/12/2024
around 10-ft, as an alternative. Additionally, he questions the compliance of the retaining wall with the bylaw
and the presence of historical setbacks on Court Street.
Per the Administrator the patio was found in January 2024 during property's cease and desist.
Mr. Lynch expresses concern about ongoing patio construction after the violation occurred.
James Fiorante, the homeowner's partner, states the retaining wall was to be built for safety reasons, as the
neighboring property slopes sharply and drops towards a stream. This also reduces usable land on the owner's
property.
Mr. McDonough states he rarely grants waivers unless there are exceptional circumstances, which is not the
case here. He explains that he expects the Applicant to comply fully with the bylaw and is unlikely to support
a waiver request.
Mr. Fiorante states the house was permitted to be built in the Buffer Zone, but they lack a 15-ft width around
the house. The neighborhood mows lawns up to the stream while a parking lot nearby has a three-stall garage.
Additionally, there is a house within 20-ft of the stream, and excavation nearby. He clarifies that their
intention is not to commit any wrongdoing, but simply to enhance the property.
The Administrator states the house was built in 1962 which predates the WPA.
Mr. Lynch criticizes the homeowners who changed their yard without permission despite receiving a cease
and desist notice. Fines were imposed to ensure compliance, as permits were required for their actions. Mr.
Lynch asks Millennium to estimate previous grades since the area has been filled in. He highlights the
incomplete application and lack of topo information, suggesting restarting fines due to non-compliance with
the EO. He believes the homeowner lacks good faith in progressing the project. Once the Commission knows
the previous grades, the area will be restored accordingly. He specifies that proposals within the 50-foot NBZ
are prohibited.
Mr. Fiorante claims the violation was resolved through acknowledgement and agreement by all parties
involved. A list of wants and wishes was created, and a Notice of Intent (NOI) was submitted. After a child's
accident on the property, a fence was installed without altering the landscape to prevent further incidents. This
fence serves the purpose of keeping the dog and children away from the slope. Concerns were raised by Mr.
Fiorante regarding the absence of erosion control measures during other neighborhood excavations. He states
the Administrator visited the site but took no action against these violations. To tackle the issue of mud being
tracked in, pavers were installed near the house. The usable backyard was relocated farther from the wetland,
resulting in an approximate loss of 8-ft of land. He claims that the property elevations are the same grades
from 1962.
Mr. Lynch affirms the property remains consistently in violation, with additional violations incurred due to
actions taken under a cease and desist order. Violations began when fill was introduced, but removing it
within the 25-foot NDZ was done to stabilize the area.
Mr. Napoli agrees that removing fill from wetlands and stabilizing the site was just one step of the EO.
However, the NOI they submitted was incomplete and lacked grades. As per the plan, the project resulted in
an 8-ft difference within the NBZ and NDZ compared to the neighboring property. This change did not
previously exist.
Mr. Manzi explains the need to identify pre construction conditions of the lot for the project to proceed.
Auguring the land will help locate the fill from the parent material, revealing the boundary between fill and
original land, which is crucial information for NACC. The Conservation Commission offered to collect
samples, but Mr. Fiorante declined.
Mr. Fiorante states he has never denied that fill was brought in.
Ms. Valentino states she understands why Millennium Engineering hesitates to certify their previous work
without a survey, but there are ways to identify and label it as the approximate previous limit of disturbance,
which the NACC seeks. Pictures alone cannot determine slope steepness.
Leah Petrosino, the homeowner, agrees to have the Administrator visit the property to obtain soil samples.
She will consult with Millennium to determine a solution for estimating the original disturbance limit.
Mr. Mustain expresses concerns with the retaining wall and its proximity to the property line.
Ms. Petrosino states her only wishes are the driveway and patio and they will remove the retaining wall and
stone sitting area from the plan.
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Mr. Lynch request that the Administrator supervise the soil sampling and agree on the fill limit.
No abutters wished to make comments at this time.
A motion to continue to May 22, 2024, is made by Mr. Mustain, seconded by Mr. McDonough.
Vote 7-0, Unanimous.
Documents
02-28-2024 Meeting Materials, Applicant Photos, Narrative 49 Court NOI, Photo Log and Maps 49 Court
NOI, Progress Print (4-23-24), Waiver Request 49 Court NOI
Notice of Intent (NOI)
242-1885, 416 Abbott Street (Zieja)
The Administrator presents the after-the-fact Notice of Intent (NOI) to address unauthorized activities in the
Buffer Zone. Violations included patio construction, soil disturbance, and drainage piping installation within
the 100-foot Buffer Zone and subzones of 25-foot NDZ and 50-foot NBZ. All work was confined to
lawn/landscaping areas, necessitating the NOI. In 2003, a review was conducted for a house extension. Only
one wetland system (A-Series) was identified then. Another wetland system (B-Series) was recently
discovered to the southwest. A pool was also visible in 1985 aerials. Both wetland delineations were found to
be accurate. After-the-fact permitting is sought for the patio and drainage work, while new permitting is
sought for proposed stairs at the rear of the house. Approximately 722-s.f. of the patio is in 50-foot NBZ; 3-
s.f. in 25-foot NDZ to B-Series wetland. A waiver request has been submitted to remove and relocate the
existing chain link fence and replace it with a new fence. Invasive species will be removed, and native plants
will be installed to restore the habitat. This restoration would result in a 2.5:1 restoration to incursion ratio.
The plan includes drainage piping and the disturbed area within the 25-foot NDZ is regrowing. Existing
erosion controls are in place and functioning properly.
David Zieja, the homeowner, is present.
Andrew Thibault, Goddard Consulting states the tree line is situated behind the existing chain link fence. The
lawn line depicted on the plan was established using historic aerials to determine the location of the previous
lawn and landscaping. Beyond this area, there are old landscape shrubs, remaining rhododendrons, and
invasive shrubs near the chain link fence. The tree line starts on the opposite side of the fence, next to the
wetland. He believes the chain link fence previously acted as a permanent boundary for the site. He discusses
the plan with the NACC.
Mr. Mabon believes the alternatives analysis is lacking in its discussion of water quality and filtration in the
subzones. This is concerning for the NACC, as water filtration to wetlands is a major issue. Additionally,
there is a violation on the A-Series wetland and he predicts that the NDZ may expand as part of the project.
He also believes there is a significant violation on the patio near the B-Series pool and does not support the
proposed project as it currently stands.
Mr. Thibault suggests restoring the historic lawn limit on the site, dating back to the early 2000s. The
proposed plan aims to reinstate the lawn line, which was violated in the past, while the area behind it remains
untouched. Additionally, he highlights the safety concerns of having a pool without a patio. He understands
the 50-foot NBZ however states they would not be coming forward with the request if they didn't think they
were making the site significantly better. The site assessment found that the existing 25-foot NDZ and 50-foot
NBZ does not sufficiently protect the bylaw's interests, so a 2.5:1 ratio and a new Buffer Zone are proposed.
Mr. Mabon recommends trimming back the proposed pool patio and suggests a narrower path around the
lower left portion, connecting to larger sections on either side. He believes this change should be considered
in the alternatives analysis to comply with the bylaw. He approves of the chain link fence and restoration area.
Mr. McDonough agrees with Commissioner Mabon and suggests revising the plans to align the fence to
follow the 25-foot NDZ throughout. He suggests removing any patio within the 50-foot NBZ, except for a 4-
ft wide area around the pool perimeter, which is in the 50-foot NBZ.
Mr. Thibault informs the NACC that the right side was lawn before the violation, and offers a plan overlay
to show the previous delineation done in 2003. The lawn area has remained unchanged since.
The Administrator projects the 2003 approved plan for the RDA.
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Mr. Lynch suggests more restoration in the violated area to enhance the NACC's square footage. This,
according to him, mitigates the impacts and provides better protection within the 50-foot NBZ.
Mr. Thibault suspects an IVW, but hasn't fully confirmed it due to location constraints. However,
neighboring properties' sloping terrain and absence of culverts support this assumption.
Kim Barry, 429 Marbleridge Road, raises concerns about a fence that is adjacent to their property marker in
the far-left corner. She emphasizes the significance of her property marker's proximity to the fence and
requests its preservation. In 2003, when her property was surveyed for a personal project, a wetland study
revealed noticeable standing water. She wonders why the drainage discharge flows downhill toward the
wetland and worries about potential saturation consequences.
Mr. Thibault explains that subsurface drainage collects and redirects water, improving infiltration. A 30-gal
dry well in the top area removes water from a 25-foot NDZ and releases it gradually into the water table.
Proposed native plant species aid in water management with their high-water uptake. He believes the site is
currently managing water very well.
Mr. Lynch confirms impervious pavers around patio, requests a drip edge be added for water infiltration into
the ground, preventing sheeting.
A motion to continue to May 22, 2024, is made by Mr. McDonough, seconded by Mr. Lynch.
Vote 7-0, Unanimous.
Documents
416 Abbott Street - Notice of Intent Complete
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 22, 2024, is made by Mr. Manzi, seconded by Mr. McDonough.
Vote 7-0, Unanimous.
Documents
Email from jborgesi@northandoverma.gov requesting a continuance until 05/22/2024
Notice of Intent (NOI)
242-1887, 156-172 Chestnut Street (Cherry Properties LLC)
The Field Inspector presents the proposal to demolish a residential building that was damaged in a flash flood
and replace it with a new duplex-style residential building. The wetland delineation has been reviewed,
resulting in adjustments to the wetland line and revisions to the original plans. These revisions ensure that all
proposed structures will be situated outside the 50-foot NBZ, eliminating the need for a waiver request. The
existing building is approximately 16 ½-ft away from the IVW. The new building and driveway will comply
with all wetland setback requirements and will be positioned outside the 50-foot NBZ. The new building will
be elevated 18-inches higher than the current one. Additionally, a rain garden with native plants will be
created between the driveway and the wetland, with a wooden fence separating the driveway and the rain
garden. During construction, stockpiling of materials will occur beyond the 100-foot Buffer Zone, and the
initial demolition will utilize the existing gravel driveway. The gravel driveway will be reinforced, paved, and
extended into the outer regions of the 100-foot Buffer Zone. Construction materials will be stored beyond the
100-foot Buffer Zone, and erosion control measures will be implemented.
Mr. Mabon notes that per the plan one corner is located inside the 25-foot NDZ.
Maureen Herald, Norse Environmental states there is an existing deck located within the 25-foot NDZ and a
portion of a patio off of the building. Erosion controls are needed, but after removal, the area will be left to
naturalize.
The Field Inspector confirms the house was built in the 70s, historic lawn maintenance; wetland discovery
made during recent filing.
Mr. McDonough asks for a permanent barrier (fence/stone wall) along the 25-foot NDZ south corner.
Mr. Lynch inquiries about the rain garden's O&M Plan, expectations, and maintenance. He also asks
whether erosion controls can be relocated or added within the 25-ft NDZ for new building construction.
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Ms. Herald commits to supplying an O&M Plan for the rain garden and agrees to two erosion lines, one for
demolition which will be realigned after demolition. The new, smaller building has been moved north, away
from the wetland area.
Gerry Welch, the Applicant states a flash flood occurred the same week as other floods in town. The water
rose 2-ft above the building's first floor, leading to the elevation of the floor to prevent future flooding. The
existing siding is wooden shingles; however, an asbestos inspection is necessary before demolition. A visual
inspection suggests that no asbestos is present on the property.
Mr. Napoli requests the formal asbestos report be sent to the Administrator.
Ms. Valentino wants to confirm if the property is in a FEMA flood zone to ensure the building is elevated to
the correct height to prevent future flood damage.
Mr. Mustain states seasonal high groundwater is 2-ft minimum, with 44% pre-treatment for runoff.
Construction traffic must not pass over infiltration zones, as stated in the stormwater handbook.
Ms. Herald suggests verifying if the property is in a flood zone by reviewing FEMA maps online. She
explains that the rain garden was created to capture roof runoff and some driveway runoff, aiming to manage
the impervious areas on the site. Notably, the project does not need to comply with stormwater management
regulations. Moving the stone pad away from the rain garden is being considered and test pits will be carried
out by the project engineer.
The Commission addresses the rain garden, noting it functions as a wet basin, and requests a dewatering
detail for the plan.
The Administrator recommends installing a drip edge on the edge of the driveway.
Alan Dibenedetto, 53 Sutton Place, is working with the DPW to tackle stormwater issues in the
neighborhood. He inquiries about the presence of a basement in the current structure.
Mr. Welch states the existing structure does not have a basement, the new structure will be slab on grade.
A motion to continue to May 22, 2024, is made by Mr. McDonough, seconded by Mr. Manzi.
Vote 7-0, Unanimous.
Documents
(04-29-24) 156-172 Chestnut Street-REVISED PLAN, 156-172 Chestnut St, NA_FOR PERMIT, 156-172
Chestnut Street_04112024,156-172 Chestnut_NOI_for submittal R1, 156-172 Raingarden Plantings-Revised
(04-29-2024), 156-172 Raingarden Plantings, Existing Conditions Aerial Photo 2, Narrative 156-172
Chestnut
Notice of Intent (NOI)
242-1890, 230 Webster Woods Lane (LaPre)
The Administrator states an OOC was issued in November 2004 for the construction of a swimming pool and
patio; a COC was issued for the project. At the time the A-series IVW was identified as a potential Ephemeral
Pool, while the B-series BVW was not. However, after a wetland delineation in March and April 2024, it was
determined that the B-series wetland should be considered an Ephemeral Pool instead. The project involves
replacing the pool liner, replacing the walkway and concrete patio around the pool with a more permeable
surface. A small section of the patio is within the 75-foot NBZ, but a waiver request has been submitted.
There are also plans for a small patio expansion, relocation of the existing fence, replacement of the shed, and
installation of a new pool liner. Construction access is shown on the plan, but a DEP file number is yet to be
issued. The pool filtration system is non-backwash. Cut irrigation system hoses were noticed and possible
upgrade is questioned.
Mr. Mabon is not in favor of any encroachment in the 75-foot NBZ.
Mr. Manzi states he is in favor of the waiver request.
Mr. Mustain confirms the only work proposed within the 75-foot NBZ is erosion controls and temporary
access pathway. He requests they monitor this area to ensure that nothing breaches the silt fence line.
Mr. Lynch thinks the current improvements comply with the initial permit requirements, and believes the
NACC would allow them if no additional items were added. He suggests that even if the new surface is
impermeable, runoff can still be managed by the existing crushed stone drip edge. He wonders why they
haven't considered a more permeable patio and what is stopping them.
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Mark LaPre, the Applicant admits he is unsure about the permeability of the chosen paver and chose it based
on personal aesthetic preference. No changes are proposed to the non-functional irrigation system.
Thor Akerley, Williams & Sparages states if the NACC is amenable, he will use the previous as-built plan
from 2004 to show the remaining portion of the wetland line located off property.
No abutters are present.
A motion to continue to May 22, 2024, is made by Mr. McDonough, seconded by Mr. Lynch.
Vote 7-0, Unanimous.
Documents
Notice of Intent- 230 Webster Woods Lane, Plan to Accompany a Notice of Intent - 230 Webster Woods Lane,
Waiver Request 230 Webster
Enforcement Order/Violation
242-1884, 49 Court Street (Petrosino)
A motion to continue to May 22, 2024, is made by Mr. Mabon, seconded by Mr. Lynch.
Vote 7-0, Unanimous.
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 Order/Violation
416 Abbott Street (Zieja)
A motion to continue to May 22, 2024, is made by Mr. McDonough, seconded by Mr. Lynch.
Vote 7-0, Unanimous.
Documents
08-23-2023 Meeting Materials, 11-15-2023 Meeting Materials
Enforcement Order/Violation
340 Forest Street (Phelps)
The Administrator confirms that unauthorized structures are located as close as 26-ft from the BVW. She
recommends issuing an Enforcement Order with the following actions to be completed by September 30,
2024: install erosion controls, conduct a pre-removal site inspection, remove offending structures, and restore
the area with native wildlife seed mix. Wetland markers should be installed along the 25-foot NDZ. Erosion
controls may be removed after restoration is complete and a final site inspection is performed.
A motion to issue an Enforcement Order as recommended is made by Mr. Lynch, seconded by Mr. Mustain.
Vote 7-0, Unanimous.
Documents
04-24-2024 Meeting Materials, IMG_2962, IMG_2965, IMG_2967
Enforcement Order/Violation
129 Forest Street (Trickett)
The Administrator states the property owners received an Enforcement Order on May 2, 2023, and a
Violation Reminder on April 18, 2024, regarding unpermitted construction on their property. The violations
were 26-ft from the wetland resource areas. The wetland resource area potentially contains a Vernal Pool,
according to NHESP data. Before any directives were given, the wetland needed to be surveyed to confirm if
it functions as a Vernal Pool. The EO required them to cease any further work within the 100-foot Buffer
Zone, hire a wetland consultant to investigate the wetland, and submit the findings to the Conservation
Commission. However, the property owners failed to hire a consultant or reach out to the Conservation
Department for assistance. The Conservation Department conducted investigations themselves on June 15,
2023, and April 2, 2024, with the knowledge of the homeowners. Survey results indicated the presence of
facultative and obligate species, leading to the categorization of the wetland as a Vernal Pool habitat under the
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Bylaw criteria. Additional construction and ground disturbance occurred within the 100-foot Buffer Zone
while under a cease and desist order. The property owners were sent a letter requiring their attendance at
tonight's meeting to discuss the Vernal Pool and additional construction.
Robin Trickett, the homeowner states they brought in loam to bring up the grade to plant grass. No additional
construction was done; they took the existing bricks that were laying on the ground and put them on top of the
wall so they could work on the lawn.
Paul Trickett states due to the absence of a wetland consultant, the Administrator asked the Field Inspector to
evaluate the wetland. Despite being knowledgeable about the bylaws, the Inspector found no evidence of
Vernal Pool habitat. In 2002, during the construction of the rear addition, the previous Administrator
instructed the homeowner to relocate patio blocks to the current area. Wetland markers were installed during
the addition, and the stone wall was built during the construction of the house.
The Field Inspector states she is knowledgeable about State criteria for Vernal Pools but at the time was not
familiar with the different criteria for Ephemeral Pools under the Bylaw.
The Administrator states the only plans on record are for the installation of the septic system, she does not
have files for the addition. Currently the patio is within the 50-foot NDZ to a Vernal Pool.
The Commission directs the Administrator to conduct additional background research on the patio area
between now and the next meeting to help determine the next steps.
A motion to continue to May 22, 2024, is made by Mr. McDonough, seconded by Mr. Lynch.
Vote 7-0, Unanimous.
Documents
04-26-2023 Meeting Materials, 129 Forest Street Enforcement Order 05 02 23, FINAL Violation Reminder,
Spring Site Inspection -129 Forest Street 02 22 24, IMG_2423, IMG_2427, Violation Reminder-129 Forest
Street-April 2024
Enforcement Order/Violation
242-1273, 113 Bridges Lane (Do Carmo) (cont. from 2/28/24)
The Administrator states a restoration proposal and existing conditions plan for 113 Bridges Lane, which had
previously violated multiple regulations including the construction of various structures within a wetland area
was provided. The Amended EO was issued, and since then, live spotted salamanders and robust wood frog
chorus have been observed in the wetland. Therefore, the sub Buffer Zones have been adjusted. Staff suggests
revising the restoration and site plan to include micro-habitat and topography.
Maureen Herald, from Norse Environmental, proposes the restoration of the A-series wetland by removing
wooden structures such as ramps and platforms, as well as their footings, once the Vernal pool season ends
and the water recedes. The removal can be done manually, with shovels, or with machinery. Afterward, a
New England Wetmix will be applied. Additionally, a bobcat will be used to remove a shed, crushed stone,
and fabric from the 50-foot NDZ to Ephemeral Pool, storing them outside the 75-foot NBZ and taking them
off site. The homeowner wishes to retain certain elements within the 50-foot NDZ, including 476-s.f. of
historic lawn, a concrete pad with wooden steps, and a 26-s.f. wooden play area (46.8-ft. from the BVW).
Once the shed, crushed stone, and fabric are removed, the area will be graded, seeded, and planted. Posts and
wetland markers are proposed to be installed along 50-foot NDZ. The tree canopy within the NDZ remains
undisturbed, while nineteen (19) native shrubs, 3-4 ft. in height and spaced 15-20 ft. apart, along with a
wetland seed mix, will be planted. They are open to incorporating micro topography habitat suggestions into
the plan. Ideally, the homeowner hopes to keep the crushed stone, mulch, historic lawn, wooden play area
(330-s.f.), wood burning firepit & gravel path (222-s.f.), and wooden plank fence within the 75-foot NBZ to
Ephemeral Pool. However, if this is not allowed by the NACC, a bobcat will remove them, and the area will
be stabilized with loam and seed.
The Administrator notes that the temporary garage is located over the property line.
Mr. Mabon supports relocating the wooden steps and suggests a substantial barrier for the 50-foot NDZ.
Mr. McDonough suggests that the NACC should assess the restoration plan based on what they would have
approved prior to the work. He disagrees with the items requested to be kept and suggests removing them.
The use of crushed stone or mulch in the 50-foot NDZ and 75-foot NBZ is acceptable to him, as they are not
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considered structures. Anything else should be removed. He agrees with Commissioner Mabon's request for a
barrier, and if historical data proves the lawn was there, he will consider allowing it to remain.
Mr. Lynch supports considering the historical as-built plan when a COC was issued. He agrees to retain
crushed stone between the 50-foot NDZ and 75-foot NBZ, but is in favor of removing the other stone. He is in
favor of a physical barrier at the 50-foot NBZ and finds it absurd to keep stairs in that area. He suggests
relocating the play area outside of the 50-foot NDZ and restoring the crushed stone within the 50-foot NDZ to
resemble the undisturbed forest floor. He sees no issue with the wood burning fire pit remaining as this area
was likely part of the historic lawn.
Ms. Herald states the historic tree line is shown on the 2005 plot plan.
Claudinei Do Carmo, the homeowner, offers to remove everything so that the issue can be resolved asap.
Ms. Herald states the B-series wetland will undergo restoration, with the mulch being removed and replaced
with native plantings and wetland seed mix. Five (5) native shrubs, 3-4 ft. in height, will be planted at 15-20
ft. intervals in the wetland. A mix of different shrubs will be used, and New England Wetmix will be applied.
In the 25-foot NDZ of the B-series wetland, the following items will be removed: mulch on the southeasterly
side and the gravel path with underlying fabric. On the westerly side of the wetland, the mulch will be left on
the steep slopes to prevent erosion and sedimentation. The NDZ will be allowed to naturalize, and two (2) tree
species, 4-6 ft. tall, will be planted. On the easterly side of the wetland, the tree canopy in the NDZ is
retained. Native shrubs, 3-4 ft. tall, will be planted at 15-20 ft. intervals, and a Conservation/Wildlife Mix will
be applied. In total, eight (8) native shrubs, with a minimum of three different species, will be planted. The
existing post and rail fence with wetland markers is proposed to remain.
The Administrator states that the homeowner's 2023 front yard alterations prompted offline collaboration with
the Conservation Department and Chairman, resulting in the wetland makers on the fence.
Mr. Mabon questions whether the steeper slope is better stabilized by bark mulch or vegetation, as the NACC
usually mandates vegetation for stabilization.
The Administrator recommends seed mix with erosion control blanket, assures no visible erosion.
Ms. Herald expresses concerns with seed germination given the wet conditions.
Mr. Lynch agrees that mulch is unsuitable for slope stability. Although the driveway pavers were
unauthorized, he believes that the NACC would have allowed the work considering they are separated by the
driveway. However, he suggests managing water flow if the pavers are to be kept.
Ms. Herald confirms that per documentation from 2023 the pavers were reviewed and allowed to remain.
The Commission agrees that everything must be removed from the 50-foot NBZ (stone to be replaced with
seed mix) and that the mulch in the front yard can stay, but no more can be added. The A-series historic lawn
area will be allowed to remain with posts and markers to be installed along the 50-foot NDZ.
The Administrator will provide the consultant the septic system as-built plan with tree line for restoration.
Ms. Herald requests the Commission consider suspending the fines.
The Administrator states the EO imposed fines of $100 per day starting from February 28, 2024, until the
restoration plans were submitted. The plans were submitted on April 27th, and the fines ended, totaling
$6,000. The Commission can choose to reduce or rescind the fines.
The Commission delays a decision on fines until the restoration plan is finalized and agrees to continue to
allow time for these adjustments to be made to the plan
Documents
02-14-2024 Meeting Materials, 02-28-2024 Meeting Materials, 113 Bridges Lane - Amended Enforcement
Order 03 01 24, Norse Restoration Plan 4-26-24, Site Plan Existing Cond. and Proposed 4-1-24, Town of
North Andover Mail - 113 Bridges Lane Wetland - Vernal Pool
General/New/Old Business
Corridor Improvements On Route 114
Mr. Lynch states he will be submitting a list of comments for the May 24th deadline.
No action taken.
Documents
04-24-2024 Meeting Materials
2024-05-08 Conservation Commission Minutes
Page 10 of 10
Approved 06/12/2024
Decision
242-1888, 50 Hay Meadow Road (Hughes)
The Administrator reviews the draft Order of Conditions.
The bond will be set in the amount of $2,500.
A motion to adopt the Order of Conditions as drafted is made by Mr. Manzi, seconded by Mr. Mabon.
Vote 7-0, Unanimous.
Adjournment
A motion to adjourn at 10:00 p.m. is made by Mr. Manzi, seconded by Mr. Lynch.
Vote 7-0, Unanimous.
2024-05-08 Conservation Commission Minutes