HomeMy WebLinkAbout2024-06-26 Conservation Commission Minutes
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Approved 08/28/2024
North Andover Conservation Commission Meeting Minutes
June 26, 2024
Members Present: Joseph W. Lynch, Louis A. Napoli, Chairman, Albert P. Manzi, Jr., Vice Chairman, John T.
Mabon and Marissa Valentino
Members Absent: Sean F. McDonough and Bradley S. Mustain
Staff Members Present: Amy Maxner, Conservation Administrator
Meeting came to Order at: 7:00 p.m. Quorum Present.
Pledge of Allegiance
Acceptance of Minutes
The minutes for June 12, 2024 are not ready for approval.
Certificate of Compliance
242-1679, 1920 Great Pond Road (North Andover DPW)
The Administrator states the Applicant has requested a continuance.
A motion to continue to July 17, 2024, is made by Mr. Manzi, seconded by Mr. Lynch.
Vote 5-0, Unanimous.
Documents
Email from jlv@envpartners.com requesting a continuance until 07/17/24
Certificate of Compliance
NACC #240, 505 Sutton Street (Sutton Street Dev.)
The Administrator confirmed that stormwater features have been inspected and reseeding areas are stable,
and recommends issuing a full Certificate of Compliance with ongoing conditions.
A motion to issue a full and final Certificate of Compliance is made by Mr. Mabon, seconded by Ms.
Valentino.
Vote 5-0, Unanimous.
Documents
03-27-2024 Meeting Materials, 505 Sutton Stormwater Inspection Rprt
Abbreviated Notice of Resource Area Delineation
242-1889, 492 Sutton Street (NAAS Development, LLC)
The Administrator states the Applicant has requested a continuance.
A motion to continue to July 17, 2024, is made by Mr. Manzi, seconded by Mr. Mabon.
Vote 5-0, Unanimous.
Documents
Email from Andrew@goddardconsultingllc.com requesting a continuance until 07/17/24
Notice of Intent (NOI)
242-1893, 597 Foster Street (Fonzi)
The Administrator states the Applicant has requested a continuance.
A motion to continue to July 17, 2024, is made by Mr. Manzi, seconded by Mr. Mabon.
Vote 5-0, Unanimous.
Documents
Email from maureen@norseenv.com requesting a continuance until 07/17/24
Notice of Intent (NOI)
242-1894, 1101 Turnpike Street (Mass Electric Company)
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Approved 08/28/2024
The Administrator states the project involves expanding the front easterly parking area to add 79 spaces
(from the current 13, with 66 more planned). A retaining wall will encompass the southern side with a
wooden guardrail. A gravel wetland below the wall will manage runoff, with two catch basins diverting
rainfall to the wetland through reinforced concrete pipes. The proposal includes repaving and restriping of
the existing paved Riverfront Area, 600-s.f. permanent impact to 100-foot Buffer Zone for new parking, and
4,300-s.f. temporary impact in the Buffer Zone for repaving, grading, and stormwater management. No new
work is planned in the 25-foot NDZ, 50-foot NBZ, LUW, Bank, or BVW. A stormwater report has been
provided. The Planning Board is examining the proposal under a Land Disturbance Permit and has put it out
for third-party peer stormwater review. No changes were made to the wetland delineation.
Mr. Napoli questions if the grades displayed on the plan are current or proposed.
Kelan Koncewicz, VHB states the plan reflects existing grades, while the screen reflects projected grades
that will tie into the existing.
Mr. Lynch verifies that there are no open Conservation Permits for this location. He has no further questions
The Administrator states she will need to conduct additional research and report back to the NACC.
Mr. Napoli states that the NACC will not proceed until all permits are resolved.
Ms. Valentino
No abutters are present.
A motion to continue to July 17, 2024, is made by Mr. Lynch, seconded by Mr. Mabon.
Vote 5-0, Unanimous.
Documents
1101 Turnpike Site Pics 6-26-24, 1629300 Stormwater Report 2024-05-30, 1629300_Plan Set (2024-05-28)
stamped, EG-303NE, North Andover Parking NOI_final_compiled, With Signatures WPA Form 3_North
Andover Parking_053024
Notice of Intent (NOI)
242-1895, 43 Monteiro Way (Schruender)
The Administrator describes the subject parcel as a half-acre undeveloped lot that is partially wooded and
mowed meadow, with Buffer Zone to BVW and an off-site IVW. The proposal entails the construction of a
new single-family residence, as well as associated grading, patio, and appurtenances; no work is proposed
within the 25-foot NDZ, and only clearing and grading is proposed within the NBZ. There is no structure
proposed within the 50-foot NBZ. The plan depicts a stockpile and includes a detailed dewatering BMP; an
exact location for dewatering has not been identified. The wetland delineation was reviewed, and she
requested that the wetland scientist inspect an additional area landward of wetland flags A14 and A15.
Ms. Valentino confirms that the Administrator's site inspection findings may have an influence on the limit
of work. She suggests adding a silt fence to the erosion control barrier and increasing the erosion controls to
12-inches.
The Administrator adds that she does not feel this would put the house into the 50-foot NBZ, but the limit of
work would be slightly different. The hatching area on the plan represents a proposed patio.
Mr. Napoli confirms that the Order will require the dewatering BMPs be installed at the time of pre-
construction meeting.
Bryan Parmenter, PFS Land Surveying suggests positioning the dewatering area below the stockpile area
specified on the plans.
Mr. Lynch e
property boundary.
Ryan Schruender, the property owner, notes that this issue has been considered, but they do not have enough
space to push the home back without entering the 50-foot NBZ.
The Commission explores the option of moving the stockpiling area outside of the Buffer Zone, but this is
not practicable due to the proposed utility lines at the front of the house.
No abutters are present.
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A motion to continue to August 14, 2024, is made by Mr. Manzi, seconded by Mr. Lynch.
Vote 5-0, Unanimous.
Documents
43 Monteiro Way Site Pics, 43 Monteiro Details Plan, 43 Monteiro Exist. Cond. Plan, 43 Monteiro NOI
Compiled, 43 Monteiro Proposed Site Plan, Maps, Narrative
Enforcement Order/Violation
85 Colonial Avenue (Jones)
The Administrator states the Applicant has requested a continuance.
A motion to continue to July 17, 2024, is made by Mr. Manzi, seconded by Mr. Mabon.
Vote 5-0, Unanimous.
Documents
Email from GHochmuth@epsilonassociates.com requesting a continuance until 07/17/24
Enforcement Order/Violation
49 Equestrian Drive (Maia)
The Administrator provides an update on the Enforcement Order, which required a removal and restoration
narrative for a chicken coop. Conservation Staff found the proposal reasonable, and proposed timeframes
and monitoring requirements were provided for the Commission's consideration. An as-built plan is being
prepared for a Certificate of Compliance. She reviews the restoration narrative with the NACC which states
the restoration area will be accessed via the existing gravel path, with erosion controls placed behind the
chicken coop. The coop and supports will be removed manually, and gravel within a 100-foot Buffer Zone
around the coop and stream crossing will be removed using a bobcat and by hand. Large rocks will be
spread in the restoration area, followed by scarification, plant installation and seeding with New England
Semi-Shade Grass and Forbs Mix, and covering with straw. A professional wetland scientist will consult
with Conservation Staff before planting native shrubs. The Administrator recommends the chicken coop and
restoration area be removed by September 20, 2024, and the stream bed and bank by October 18, 2024. A
wetland consultant will oversee all removal and restoration activities. To ensure appropriate plant and seed
mixtures are sourced and native to New England, invoices must be provided, and two years of monitoring by
a wetland consultant, with annual reports, and replacement of dead or dying plants.
Thor Akerley, Williams & Sparages states due to the configuration of the property no barrier is proposed at
the 25-foot NDZ. The large boulders were sourced from the property and arranged along the back.
Mr. Lynch states the final as-built plan will need to depict the original house and all of the restoration features
for the record. He believes the restoration area should look like the surrounding forest. He would like to see
the chicken coop removed no later than August 1st, other dates can be met sooner if the owner wishes.
The Commission reviews the Administrator's recommendations and determines if fines are warranted. They
agree that if deadlines are not reached, penalties may be levied later for noncompliance. The chicken coop
must be removed by August 1st, with a status update made at the August 14th meeting.
A motion to amend the Enforcement Order as discussed and recommended is made by Mr. Manzi, seconded
by Mr. Mabon.
Vote 5-0, Unanimous.
Documents
05-22-2024 Meeting Materials, Proposed Restoration Plan - 49 Equestrian Drive
Notice of Intent (NOI)
242-1891, 70 French Farm Road (Trautwein)
The Administrator offers background information on the proposal discussed at the previous meeting. Based
on Commission feedback from the previous meeting, the rain garden was removed and replaced with a rip
rap apron with stone for the level spreader. Additional specifications for the planned sump pump have been
provided. The sump will activate when the groundwater level rises over 86.5 feet. The O&M Plan was
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Approved 08/28/2024
changed to remove the rain garden and include the rip rap apron. Wooden posts with wetland markers are
planned along the 25-foot NDZ and on the historic lawn's boundary.
Ms. Valentino requests that filter fabric be installed under the rip rap.
Mr. Mabon expresses concerns on whether the plantings proposed can survive in the water logged
restoration area.
Thor Akerley, Williams & Sparages notes that, while not included in the detail, they will add the filter fabric
if necessary. The proposed vegetation in the restoration area is appropriate for moist conditions.
The Commission discusses whether the proposed sump pump is equipped to handle the groundwater
volume.
A motion to close and issue in 21 days is made by Mr. Mabon, seconded by Mr. Manzi.
Vote 5-0, Unanimous.
Documents
05-22-2024 Meeting Materials, 70 French Farm Road 06-18-24 Rev. Plan, 70 French Farm Road Revisions
Enforcement Order/Violation
68-70 Autran Avenue (Guri/Malaj)
The Administrator offers background information on the Enforcement Order discussed at the prior meeting.
Neither of the units is owner-occupied; both are rentals. Contact was finally made with the property owner
and all of the debris has been cleaned up and removed from the site. To date, the fines total $2,300.
Olger Guri, the property owner, is present.
The Commission discusses the violation and agrees that since the dumping has been taken care of and was
no fault of the property owner to rescind the fines.
A motion to rescind the fines is made by Mr. Manzi, seconded by Mr. Mabon.
Vote 5-0, Unanimous.
A motion to lift the Enforcement Order is made by Mr. Manzi, seconded by Mr. Mabon.
Vote 5-0, Unanimous.
Documents
05-22-2024 Meeting Materials, Violation Cleanup Photos (6-18-2024) 68 Autran Ave, 68 Autran - Violation
Addressed, Fines Stopped - 06-24-24
Decision
242-1885, 416 Abbott Street (Zieja)
The Administrator reviews the draft Order of Conditions.
The bond will be set in the amount of $3,000.
A motion to adopt the Order of Conditions as drafted and amended is made by Mr. Manzi, seconded by Mr.
Mabon.
Vote 5-0, Unanimous.
Enforcement Order/Violation
416 Abbott Street (Zieja)
The Administrator states that the Commission can vote to lift the EO because the OOC will govern the site
and no further activity can begin until pre-construction requirements are in place.
A motion to rescind the Enforcement Order is made by Mr. Manzi, seconded by Mr. Mabon.
Mr. Manzi moved to retract his previous motion.
A motion to lift the Enforcement Order is made by Mr. Manzi, seconded by Mr. Mabon.
Vote 5-0, Unanimous.
Documents
08-23-2023 Meeting Materials, 11-15-2023 Meeting Materials
Decision
242-1891, 70 French Farm Road (Trautwein)
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The Administrator reviews the draft Order of Conditions.
The bond will be set in the amount of $3,000. Language will be added to the Order requiring filter fabric
under the rip rap.
A motion to adopt the Order of Conditions as drafted and amended is made by Mr. Manzi, seconded by Mr.
Mabon.
Vote 5-0, Unanimous.
Adjournment
A motion to adjourn at 8:12 p.m. is made by Mr. Mabon, seconded by Mr. Manzi.
Vote 5-0, Unanimous.
2024-06-26 Conservation Commission Minutes