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HomeMy WebLinkAbout2025-01-08 Conservation Commission Minutes Approved 02/26/2025 Albert P. Manzi Jr., Chair Bradley S. Mustain John T. Mabon, Vice Chair Marissa Valentino Joseph W. Lynch Jr. Sean F. McDonough Town of North Andover North Andover Conservation Commission Wednesday, January 08, 2025 Members Present: Bradley S. Mustain, Sean F. McDonough, Albert P. Manzi Jr., Chair, Joseph W. Lynch, Jr. and Marissa Valentino Members Absent: John T. Mabon, Vice Chair Staff Members Present: Amy Maxner, Conservation Administrator Meeting came to Order at: 7:02 p.m. Quorum Present. Pledge of Allegiance Vice Chair Mr. Manzi recognized outgoing Chair Louis Napoli for his decades of service to the Town. A lifelong resident, 1971 North Andover High graduate, and owner of Napoli Trucking, Lou joined the Conservation Commission in 2005 and became Chair in 2010. Lou played a key role in managing significant projects, including the redevelopment of the Amazon site, dedicating extensive time to site visits and reports. He also served as Chair of the Booster Club and was a member of the North Andover Athletic Association. Mr. Manzi thanked Lou for his leadership and service, calling him a true asset to the Town and wishing him well in his retirement. Election of Officers A motion to nominate Mr. Manzi as Chair was made by Mr. McDonough, seconded by Mr. Lynch. Vote 4-1, (In Favor: Mustain, McDonough, Lynch and Valentino, Abstained: Manzi). A motion to nominate Mr. Mabon as Vice Chair was made by Mr. Manzi, seconded by Mr. Lynch. Vote 5-0, Unanimous. Acceptance of Minutes The minutes for December 11, 2024 are not ready for approval. ***Mr. Manzi stated for the record that the only time he will vote as Chair will be to break a tie or in the event that there is no quorum.*** Certificate of Compliance 242-1672, 492 Sutton Street (Lawrence Municipal Airport) The Administrator stated the Applicant has requested a continuance. A motion to continue to March 26, 2025, was made by Mr. McDonough, seconded by Mr. Lynch. Vote 3-1 (In Favor: Mustain, McDonough and Lynch, Abstained: Valentino). Documents Email from dom.zazzaro@stantec.com requesting a continuance until 03/26/25 Certificate of Compliance 242-1058, 20 Nutmeg Lane, Lot 13 (Robbins) The Administrator stated the Applicant has requested a continuance. A motion to continue to January 22, 2025, was made by Mr. McDonough, seconded by Mr. Mustain. Vote 4-0, Unanimous. Documents Email from merreng@aol.com requesting a continuance until 01/22/25 Certificate of Compliance 242-1823, 292 Candlestick Road (Billings) The Administrator provided background on the November 2021 Order of Conditions for the installation of a pool 45.4-ft. from the BVW, with mitigation requirements including a 6.7:1 planting ratio and a 2x2 dry-laid fieldstone wall along the 25-foot NDZ. The mitigation plantings reached 75% survivorship over two years. The fieldstone wall was constructed farther from the wetland and connected to an existing retaining wall, improving the design. The pool is 45-ft. from the wetland, 4-inches closer than specified, but offset by expanded NDZ. Crushed stone under the deck and around the pool perimeter remains pervious. The Administrator recommended issuing a Certificate of Compliance with ongoing conditions. Mr. Mustain questioned the deck within the 25-foot NDZ. The Administrator explained it was addressed during the hearing and deemed acceptable. A motion to issue a full and final Certificate of Compliance was made by Mr. McDonough, seconded by Ms. Valentino. Vote 4-0, Unanimous. Documents 292 Candlestick Road - 10-13-21 FINAL Revised NOI Plan, As-Built Plan - 292 Candlestick Road 12 31 24, Certificate of Compliance Request - 292 Candlestick Road, Image (6) Certificate of Compliance 242-1890, 230 Webster Woods Lane (LaPre) The Administrator provided background on the May 2024 Order of Conditions for replacing a concrete walkway and patio around an inground pool with a paver surface. The project included a small patio expansion, fence relocation, shed replacement (16x14), and pool liner replacement. All work occurred within the 100-foot Buffer Zone to an Isolated Wetland and BVW with a Vernal Pool, staying within existing footprints and no closer to the wetland. Additional features included crushed stone, cobblestone borders, and landscaping strips outside the 75-foot Vernal Pool Buffer. No other deviations were noted. The site is stable, erosion controls have been removed, and wetland markers installed. The Administrator recommended issuing a Certificate of Compliance with ongoing conditions. A motion to issue a full and final Certificate of Compliance was made by Mr. McDonough, seconded by Mr. Mustain. Vote 4-0, Unanimous. Documents Approved Plan - 230 Webster Woods, IMG_4476, Request for Certificate of Compliance (230 Webster Woods Lane), Signed As-Built Plan (230 Webster Woods Lane) Certificate of Compliance NACC #301, 81 Paddock Lane (Hamilton) The Administrator reviewed the March 2023 Order of Conditions for constructing an in-ground pool, grading, retaining wall, paver patio, fencing, and pool equipment within the 100-foot Buffer Zone to IVW, outside the 50-foot NBZ, and within the existing lawn. The August 2024 modification allowed a second retaining wall . Crushed stone was added to the northeast corner within the lawn and outside the 25-foot NDZ. The site is stable, erosion controls removed, and no issues remain. She recommended issuing a Certificate of Compliance with ongoing conditions. Ms. Valentino inquired about the contents of the bags securing the pool cover. The Administrator stated she believes the bags contain water. 2025-01-08 Conservation Commission Minutes Page 2 of 5 A motion to issue a full and final Certificate of Compliance was made by Mr. McDonough, seconded by Ms. Valentino. Vote 4-0, Unanimous. Documents IMG_4480, Modified Approved Plan 81 Paddock Lane_R4, Request for Certificate of Compliance (81 Paddock Lane), Signed As-Built Plan (81 Paddock Lane) Small Project NACC #337, 36 Autran Avenue (Fraser) The Administrator stated the homeowner requested a continuance. A motion to continue to January 22, 2025, was made by Mr. McDonough, seconded by Mr. Mustain. Vote 4-0, Unanimous. Documents Email from fraserg70@yahoo.com requesting a continuance until 01/22/25 Notice of Intent (NOI) 242-1905, 155 Christian Way (Kilcoyne) The Administrator explained that the project involves constructing an in-ground pool, a concrete patio with a perimeter stone infiltration trench, perimeter fencing, and the demolition and expansion of the existing rear deck. All work is proposed within the 100-foot Buffer Zone to a Bordering Vegetated Wetland (BVW) but outside the 50-foot NBZ, requiring no waivers. Wetlands were delineated by Norse Environmental and side yard, as confirmed via email correspondence with the neighbor. Plans detail dewatering and stockpile locations. During a site walk, staff identified three hazardous trees outside the 50-foot NBZ that will require removal. Brendon Kilcoyne, the Applicant was present. Ms. Valentino inquired whether the pool deck is level or pitched. Steve Stapinski, Merrimack Engineering confirmed that the deck will pitch away from the pool into the infiltration trench. Mr. Mustain verified that the infiltration trench surrounds the patio and questioned the presence of a 12-inch diameter pipe near the pond. The Administrator noted that pool equipment would be located at the rear right corner of the house, with a cartridge filtration system required per NACC standards. Mr. Stapinski stated the Applicant informed the pool contractor of this requirement, and it has been included in the plans. He also suggested the pipe is an existing foundation drain. No abutters were present. A motion to close and issue in 21 days was made by Mr. McDonough, seconded by Ms. Valentino. Vote 4-0, Unanimous. Documents 155 Christian Way-North Andover, Revised Plan 01-07-25, Site Pics 155 Christian, Town of North Andover Mail - Fwd_ Fw_ Driveway Access Enforcement Order/Violation 242-1787, 135 North Ramp Road (Lawrence Municipal Airport) The Administrator stated the Applicant has requested a continuance. A motion to continue to January 22, 2025, was made by Mr. McDonough, seconded by Mr. Lynch. Vote 4-0, Unanimous. Documents Email from bGeaudreau@hancockassociates.com requesting a continuance until 01/22/25 2025-01-08 Conservation Commission Minutes Page 3 of 5 Enforcement Order/Violation 1055 Salem Street (Rodriguez) The Administrator provided an update on the Enforcement Order (EO) issued in July 2020 for disturbances within the 25-foot NDZ, including sapling removal and yard waste dumping. The EO required a restoration plan, and Mission Wetland Ecological was engaged to develop and implement the replanting plan. Although the EO mandated one year of monitoring, the site was monitored for two years. A final restoration report confirmed 75% plant survivorship and a dense herbaceous layer. Additionally, the area adjacent to the road leading to the NDZ has fully naturalized with vegetation. The Administrator recommended lifting the Enforcement Order, noting full compliance with directives and site restoration. A motion to lift the Enforcement Order was made by Mr. Mustain, seconded by Mr. McDonough. Vote 4-0, Unanimous. Documents 22-029 Rodriguez 1055 Salem St N. Andover MA Restoration Area Status Report 20241031, Amended EO 1055 Salem Street 07 27 22 Enforcement Order/Violation Foster Street Oil Spill Status/Boom Material Removal Mr. Manzi raised concerns about the prolonged cleanup of an oil spill managed by Clean Harbors, a company hired by the insurance provider of the responsible party. Despite encouragement from the NACC, Clean Harbors was slow in their response. Two years later, cleanup materials (booms and matting) remain on both Town-controlled and private property. Clean Harbors has stated that funding for the project has been exhausted, prompting the need for further action. to redirect efforts toward the original responsible party. Mr. McDonough u poorly executed, resulting in increased costs. He argued that Hilton Oil, as the responsible party, acted in good faith by hiring Clean Harbors, who failed to meet their obligations. safety in shallow water, which further hindered progress. Ms. Valentino inquired about the terms of the contract and insurance coverage, noting that policyholders typically cover any gaps. Mr. Mustain questioned whether Hilton Oil was required to have a Spill Prevention, Control, and Countermeasure (SPCC) plan in place for such incidents. Mr. McDonough stated they could explore legal grounds for action against Clean Harbors, emphasizing the need for creativity in drafting the EO, particularly regarding the abandonment of equipment. The Commission discussed whether the North Andover Police Department issued a citation under The Administrator reminded the Commission that the Town engaged its own licensed site professional (LSP) and environmental scientist to oversee assessments. The Commission agreed to issue an EO to Hilton Oil requiring removal of all booms, erosion control socks, and related materials by January 9, 2025. Daily penalty fines of $100 will be imposed for noncompliance. The EO will also include Hilton Oil as the responsible party, ensuring the company is properly identified (e.g., EO as interested parties. A motion to issue the Enforcement Order as drafted and amended was made by Mr. McDonough, seconded by Ms. Valentino. Vote 4-0, Unanimous. 2025-01-08 Conservation Commission Minutes Page 4 of 5 Enforcement Order/Violation 40 Flagship Drive (DWT Holdings, LLC) Status Update The Administrator outlined an enforcement issue at 40 Flagship Drive, a non-jurisdictional site where erosion during site work caused sedimentation in downstream wetlands at 85 and 115 Flagship Drive, as well as 400 Willow Street. A series of Enforcement Orders (EOs) were issued to stabilize the site, drain and filter the sediment-laden detention basin, and prepare a Restoration Plan for the affected wetlands. The original owner only stabilized the site before ceasing communication, leading to $47,100 in unpaid fines. The property was foreclosed in Fall 2024 and sold to a new LLC. The new owner has yet to engage with the Commission, though the recorded EO requires filing a Notice of Intent (NOI) for any further work on the site. The Administrator noted that 85 Flagship Drive performed restoration independently, which was reviewed and approved. She requested the Commission vote to stop issuing fines, citing her limited capacity to continue enforcement against the original owner and his complete non-responsiveness. Mr. Lynch suggested reissuing the EO to the new owner with a deadline for compliance, with new fines starting thereafter. Emphasized that the foreclosure buyer should have been aware of the EO. Mr. Manzi recommended demanding payment from both the original and new owners and pursuing legal action if necessary. He also suggested contacting the Court Officer for guidance on collecting unpaid fines. Mr. McDonough highlighted the need to record EOs to ensure successors are legally notified, noting this was not fully executed. The Commission resolved to discontinue fines against the property and redirect collection efforts toward the original owner. The Administrator was instructed to contact the new owner to inform them of the existing cease-and-desist order and to request their attendance at a future meeting. A motion to cease future fines on the property and pursue collection actions against the owner at the time of the violation was made by Mr. McDonough and seconded by Mr. Lynch. Vote 4-0, Unanimous. Old/New Business Windrush Farm Hunting Regulations Review for Clarification The Administrator proposed forming a subcommittee with Commissioners Manzi and Mabon to review Windrush Farm hunting regulations. Commissioner Manzi recommended Commissioner Mabon lead the effort due to his prior involvement with the project. The Administrator and Commissioner Mabon will collaborate to clarify logistical challenges and report back to the NACC. No action is required. Documents 10 9 12 meeting minutes Windrush Steering Comm draft, Aerial Windrush_CR Color Code Map 2019, RECORDED CR Windrush Farm, Windrush Hunting Rules Regs 2012 Final Adjournment A motion to adjourn at 8:01 p.m. was made by Mr. McDonough, seconded by Ms. Valentino. Vote 4-0, Unanimous. 2025-01-08 Conservation Commission Minutes Page 5 of 5