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HomeMy WebLinkAbout2021-09-29 Conservation Commission Minutes Page 1 of 10 Approved 1112212021 North Andover Conservation Commission Meeting Minutes September 29,2021 Members Present: Anthony Capachietti, Sean F. McDonough,Albert P. Manzi, Jr., Vice Chairman,Louis A. Napoli, Chairman,John T. Mabon and Joseph W. Lynch Members Absent: none Staff Members Present: Amy Maxner, Conservation Administrator,Taylor Andrews,Field Inspector Meeting came to Order at: 7:02p.m. Quorum Present. Pledge of Allegiance Acceptance of Minutes • A motion to accept the minutes of September 08, 2021,is made by Mr. Lynch, seconded by Mr. Manzi. • Vote 6-0,Unanimous. Notice of Intent(NOI) 242-1822,45 Cotuit Street(Seaport Homes LLC) • The Administrator states the applicant has requested a continuance. • A motion to continue to October 13, 2021,is made by Mr. Manzi, seconded by Mr. McDonough. • Vote 6-0,Unanimous. Documents Email from bosgoodAranQereng.corn requesting a continuance until 10113121 Notice of Intent(NOI) 242-1787, 135 North Ramp Road (DeRosa) • The Administrator states a continuance is required. • A motion to continue to October 13, 2021, is made by Mr. Manzi, seconded by Mr. Lynch. • Vote 6-0,Unanimous. Documents Email from m_miller&lawrencemunicipalairport.com requesting a continuance until 10113121 Notice of Intent(NOI) 242-1816,325 Johnson Street(Sparks) • The Administrator provides information on the project discussed at a previous meeting.Natural Heritage maps identify the wetland behind the house as a potential vernal pool. The Administrator reviews the definition of an ephemeral pool per the local regulations. Per the project engineer there is a permanent outflow which connects the pond to the stream. • Mr. Capachietti states if it's an intermittent stream then it's not permanently flowing. • The Administrator states this is a perennial stream per the USGS Map. The stream stats were re-evaluated by the project engineer and the stream was determined to be intermittent based on watershed size. • Jack Sullivan, Sullivan Engineering states the stream did not meet the qualifications as a perennial stream under the stream stats. The project has already received approval from the Planning Board. • The Commission discusses the resource area in question. • Mr.Napoli attests to having seen fish in the resource area/pond in the past. • Mr. Manzi requests a professional analysis and documentation for the record. • Mr. Capachietti believes the portion below the outlet could still be a vernal pool. • Mr. Sullivan states they proposed two concrete pads within 75-feet of the resource area which can be relocated. 2021-09-29 Conservation Commission Minutes Page 2 of 10 Approved 1112212021 • The Administrator questions if the resource area is determined to be a vernal pool will the 50-foot NDZ and 75-foot NBZ extend along the stream down the driveway. • The Commission agrees an analysis is required to determine what the resource area is. • A motion to continue to October 13, 2021,is made by Mr. Lynch, seconded by Mr. McDonough. • Vote 6-0,Unanimous. Documents 06-09-2021 Meeting Materials, 08-11-2021 Meeting Materials, 210813 2nd_Stormwater Peer Review_325 Johnson St Notice of Intent(NOI) 242-1820,227 Berry Street(Brunette) • Bob Prokop, Wetland Consulting Services states the proposal is for the replacement of a screen porch. The new porch will be approximately the same size with some overhang. All proposed work is in the 50-foot NBZ and 25-foot NDZ which is currently lawn. • Mr. Manzi recommends the applicant move the hot tub to a location outside of the 25-foot NDZ. • John Brunette,the homeowner, agrees to the request. • Mr.Napoli expresses concerns with the hot tub violation and questions if the project requires a waiver. • The Administrator states the new footings will be in the same location as the existing footings with an additional 1.2-inches of overhang into the 25-foot NDZ. A formal waiver request was provided. • Mr. Capachietti questions how the erosion control line was determined. • Mr.Prokop states the erosion control line is all within the lawn. • The Commission discusses the violation and agrees the plan must be revised to remove the hot tub. The plan must also depict the septic, driveway, stockpile location and plantings. • A motion to continue to October 13, 2021,is made by Mr. Manzi, seconded by Mr. McDonough. • Vote 6-0,Unanimous. Documents 09-08-2021 Meeting Materials, 227 Berry Brunette Proposed Porch,227 Berry St, N.Andover(2), Deck- Porch Sketch 227 Berry- Orig. &Revised side by side, Site Plan 227 Berry- Orig. &Revised side by side, Table of Measurements-227 Berry Notice of Intent(NOI) 242-1823,292 Candlestick Road(Billings) • The Administrator provides information on the project discussed at a previous meeting. The plan was revised to shrink the pool,reconfigure the deck, increase planting mitigations and eliminate the shed. • Greg Hochmuth, Williams & Sparages LLC states the project has been scaled back to the greatest extent possible. The proposed deck will be outside of the 50-foot NBZ which is 5-feet further from the wetland and the 12' round above ground pool will be 45.3-feet from BVW. The proposed mitigation is 6.7:1 ratio to compensate for the 42-s.f. of encroachment of pool into the 50-foot NBZ. The portion of work in the NBZ is over existing lawn, landscaped areas and stone path. The wetland line moved upslope; the proposed enhancement within the 25-foot NDZ was not within the NDZ at the time an As-Built Plan was issued for the property. He does not believe the waiver request would have a negative impact on the resource area. • The Administrator states there is an existing wooden platform with a safety railing that straddles the 25-foot NDZ and 50-foot NBZ. • Mr. Hochmuth states there is a debris pile from the previous owner they are proposing to remove and restore, which is not included in the 6.7:1 mitigation ratio. The applicant is hoping to keep the wooden platform. • Ross Billings,the homeowner, states the platform is in the rocks. The removal of the platform would require equipment to be brought in. • Mr. Mabon and Mr.Napoli expressed concern with expanding into the 50-foot NBZ. • Mr. Manzi is pleased with the 6.7:1 ratio of Buffer Zone enhancement but expresses concerns with the distance of the project from the BVW. • Mr. McDonough states he is not in favor of the waiver request. 2021-09-29 Conservation Commission Minutes Page 3 of 10 Approved 1112212021 • The Commission agrees a barrier will be required at the 25-foot NDZ. • A motion to grant the waiver of the 50-foot NBZ as requested is made by Mr. Manzi, seconded by Mr. Capachietti. • Vote 4-2, (In Favor: Capachietti,Manzi,Mabon, Lynch, Opposed: McDonough,Napoli). • Mr. Hochmuth requests a continuance until the next meeting to further revise the plan to show a barrier at the 25-foot NDZ. • A motion to continue to October 13, 2021, is made by Mr. Manzi, seconded by Mr. Lynch. • Vote 6-0,Unanimous. Documents 08-11-2021 Meeting Materials, 292 Candlestick Road-Plan to Accompany a Notice oflntent_R4, 292 Candlestick Road-Revised NOI Notice of Intent(NOI) 242-1825, 1 & 28 Royal Crest Drive (AIMCO North Andover,LLC) • Greg Hochmuth, Williams & Sparages LLC presents the proposal for the replacement of subsurface gas tanks with new above ground propane tanks. Plans show a temporary construction access, erosion controls and construction means, and methods have been provided. The stockpile location is depicted on the plan but may not be exact. He describes the process in which the tanks will be removed,replaced and areas stabilized.Not all of the tanks are within the ConCom jurisdiction,they plan to start with non-jurisdictional buildings first. A waiver has been requested for the removal of the existing tanks. The new tanks are proposed outside of the 25-foot NBZ,no waiver is required for the installation of the new tanks. All of the existing tanks are within the lawn. • Mr. Lynch questions if the existing tanks are leaking or showing signs of deterioration. • Taran Francis,AIMCO North Andover, LLC states an analysis of the tanks was completed and they are leaking. Removal of the tanks is due to safety concerns. • The Commission agrees removing the tanks is a net benefit and a temporary disturbance of the NDZ. • Mr.Napoli would like to know where the evacuated propane fuel will be placed. He requests that Conservation Staff be notified which buildings are being done and when. • Mr. Francis states the additional fuel will be placed in a tanker truck. • Mr. Hochmuth states Conservation Staff will be notified via email which buildings are to be done each day. • Mr. Lynch would like to know who is analyzing the soil around the leaking propane tank. • Mr. Francis states per the Fire Department a small leak wouldn't cause any disturbance. • The Commission agrees additional information regarding the soil conditions is required. • Mr. Hochmuth requests to table the discussion so he may contact a 2 1 E expert and provide additional information. • A motion to table the discussion until later in the meeting is made by Mr. Manzi, seconded by Mr. Capachietti. • Vote 6-0,Unanimous. • 10:31p.m. discussion resumes. • Mr. Hochmuth reads a statement from a 2 1 E expert concluding that propane is non-toxic,non-caustic and will not create an environmental hazard if released as a liquid or vapor into water or soil. It is the gas companies responsibility to report if there was a spill or anything damaging to the environment. • A motion to grant the waiver for the removal of the propane tanks as proposed is made by Mr. Manzi, seconded by Mr. Lynch. • Vote 6-0,Unanimous. • A motion to close and issue in 21 days is made by Mr. Manzi, seconded by Capachietti. • Vote 6-0,Unanimous. Documents Certified-Return Receipts, Notice of Intent- 1 &28 Royal Crest Drive, Plan to Accompany a Notice of Intent - I &28 Royal Crest Drive 2021-09-29 Conservation Commission Minutes Page 4 of 10 Approved 1112212021 Notice of Intent(NOI) 242-1826, 175 Old Cart Way(Patel) • The Administrator states the project consists of an in-ground pool,patio, fire pit, spa, grading and landscaping. All proposed work is outside of the 50-foot NBZ. The Administrator confirms the wetland line is accurate,it was reviewed by wetland scientists and a soil science expert. All review comments made by Conservation Staff have been addressed. Non-native plants were switched out in favor of native species. The majority of the activity in the Buffer Zone is tree clearing,grading,replanting of natives and some of the retaining wall and patio. • Mr. Lynch&Mr. Capachietti express concern with the activities depicted on the plan within the access easement. They would like to know who has rights to the access easement and if they have the ability to encumber the easement. • Pushpak Patel,the homeowner states he and his closing attorney researched the easement. The easement was depicted in the proposed plan for Wagon Wheels Estate but never recorded. • The Commission discusses the easement and agrees it must be reviewed by a land use attorney and the findings reviewed by Town Counsel. • David Cowell,Hancock Associates questions if the Commission has any questions pertaining to the proposed project so they may respond accordingly prior to the next hearing. • Mr. Mabon would like to know if there are any waiver requests associated with the proposal. • Mr. Cowell states no waivers have been requested. • The Commission reviews the plan and agrees the elevations need to be more legible. The project requires a larger stockpile, construction access and a cross-section of the wall detail. They request the Administrator provide the original history of the filing for review. • Mr. Cowell offers to provide full size plans for the next meeting. • The Administrator states any retaining wall greater than 4-feet must be designed by a structural engineer. • A motion to October 13, 2021,is made by Mr. Manzi, seconded by Mr. Capachietti. • Vote 6-0,Unanimous. Documents 175 Old Cart Way-Plan Review Notes_Recommendations, 2021.09.20 Site Plan_Patel_Signed 24089, 24089ECwbLANDSCAPE(7-2), Affidavit of Service Form, Certified mail slips, NOI 175 Old Cart Way Amendment 242-1692, 1210 Osgood Street(Princeton Development&Forgetta Development) • The Administrator states the applicant has requested to continue to October 19, 2021, for a special meeting. • A motion to continue to October 19, 2021,is made by Mr. Mahon, seconded by Mr. Manzi. • Vote 5-1 (In Favor: Capachietti, McDonough,Manzi,Mabon,Lynch,Abstained:Napoli). Documents n/a Request for Determination of Applicability 920 Johnson Street(Whitehead) • Greg Hochmuth, Williams & Sparages, LLC requests to withdraw the application without prejudice. The scope of work has been revised requiring the submission of a Notice of Intent. • A motion to accept the withdrawal without prejudice is made by Mr. Manzi, seconded by Mr. Lynch. • Vote 6-0,Unanimous. Documents 08-11-2021 Meeting Materials Request for Determination of Applicability 29 South Bradford Street(Young) • The Administrator presents the proposal for the removal and reconstruction of three existing non-compliant sets of stairs and landings. The rear stairs are currently located between the 25-foot NDZ and 50-foot NBZ. Expansion of the stairs will occur closer to the BVW by 2 '/z-feet. A waiver request was provided. The front 2021-09-29 Conservation Commission Minutes Page 5 of 10 Approved 1112212021 stairs between the house and garage are located just outside of the 50-foot NBZ and the front entry stairs are located between the 50-foot NBZ and 100-foot Buffer Zone. The proposed stairs and landings are metal prefabricated and will be craned in place. Helical piers will be used to support the new stairs and platforms. The Administrator describes the location of the stockpile and construction access.A copy of the full size plan is provided to the Commission for review. • Mr. Lynch questions if the applicant has considered having the stairs come down the side of the rear of the building. • Jeremy Young,the homeowner states this option was considered however there are additional cost potentials, structural issues and ongoing maintenance issues associated with that option. • The Administrator reviews the alternatives analysis with the Commission and recommends issuing a Negative Determination 93 with conditions. • A motion to issue a Negative Determination#3 with conditions is made by Mr. Lynch, seconded by Mr. Manzi. • Vote 6-0,Unanimous. Documents 20210921_143052, 20210921_143836, 20210921_143845, Certificate ofMailing-29 South Bradford Street, Notice of'E.xtension 09 07 21, RDA Application with Supporting Materials 08 3121 Abbreviated Notice of Resource Area Delineation 242-1824, 177 Great Pond Road(Strecker) • The Administrator states the filing is a result of an Enforcement Order for ground disturbance in the Buffer Zone and wetland. The wetland line was reviewed, and flag adjustments requested. Additional plan notations are required,revised plans are forthcoming. The Administrator states the consultant and homeowner would like to address the Commission to request a fee reduction. • Mr.Napoli states per the Town Manager the NACC is not allowed by law to modify, adjust or eliminate fees. • Maureen Herald,Norse Environmental states the property was purchased with the intent to do farming on the property. She describes some of the farming activities that have taken place. She requests the Commission acknowledge this is an active farm. • Mr. Manzi states it is not within the NACC's purview to declare a parcel active farmland or not. • Ms. Herald states the Chief Assessor,recently recognized 177 Great Pond Road as an Agricultural Farm under Chapter 61A. She does not believe the Commission can regulate or enforce the NACC local bylaws. • Mr. Capachietti states Chapter 6 1 A has to do with property tax requirements and does not exempt the applicants from fees. • The Administrator states the EO required a delineation of the entire line since the applicant mentioned he had future plans for the property. The property is located within Watershed. • The Commission discusses the request and agrees they cannot legally waive the fees. • Ms. Herald describes some of the exempt activities the agricultural exemption allows. • Mr. Manzi recommends the consultant obtain a copy of Farming in Wetland Resource Areas from the Massachusetts Farm Bureau. Ms. Herald confirms she has a copy of that manual. • Mr. Lynch states it is important for the landowner to know where the resource areas are so they may undertake the business to the extent they want and plan their activities accordingly. • Ms. Herald requests a continuance to the next meeting. • A motion to continue to October 13, 2021, is made by Mr. Manzi, seconded by Mr. Lynch. • Vote 6-0,Unanimous. Documents 521017-2021-06-22- 1 77 GPR -ANRAD, Fee reduction request, Scanned ANRAD Partial Certificate of Compliance(COC) 242-1739,PCOC,Rea Street Subdivision (RDM,Rea Street LLC) • The Administrator states the applicant has requested a continuance. • A motion to continue to October 13, 2021,is made by Mr. Mabon, seconded by Mr. Manzi. 2021-09-29 Conservation Commission Minutes Page 6 of 10 Approved 1112212021 • Vote 6-0,Unanimous. Documents Email from bosgood e,rangereng.com requesting a continuance until 10113121 Certificate of Compliance(COC) 242-1755,Rea Street,Lots 4-7(RDM,Rea Street LLC) • The Administrator states the applicant has requested a continuance. • A motion to continue to October 13, 2021, is made by Mr. Manzi, seconded by Mr. Mabon. • Vote 6-0, Unanimous. Documents Email from bosgoodkrangereng.corn requesting a continuance until 10113121 Certificate of Compliance(COC) 242-1773, 60 Leanne Drive(Celtic Masonry) • Greg Hochmuth, Williams & Sparages states the project governed the construction of a replacement retaining wall. The project has been completed and is in compliance with the OOC. • The Administrator agrees the site is stable and in compliance. • A motion to issue a full and final Certificate of Compliance is made by Mr. Manzi, seconded by Mr. Capachietti. • Vote 6-0,Unanimous. Documents As-Built Plan - 60 Leanne Drive, Certificate of Compliance Request- 60 Leanne Drive, Modified Plan Certificate of Compliance(COC) 242-1747,42 Vest Way(Wieners) • The Administrator provides background on the Order issued in February of 2019. Mitigation plantings and wetland makers have been installed as required. Mitigation plantings were reviewed by the Field Inspector and are doing well. The Administrator recommends issuing a COC as the site is stable and in compliance. • 9:05p.m. Mr. Lynch leaves the meeting. • A motion to issue a full and final Certificate of Compliance is made by Mr. Manzi, seconded by Mr. Capachietti. • Vote 5-0,Unanimous. Documents 20210921_152408, 20210921_152432, 20210921_152444, 20210921_152509, C of C scan-42 Vest Way, C of C scan- 42 Vest Way Partial Certificate of Compliance(PCOC) 242-255,PCOC,25 Carriage Chase(Lot 16) (M.Monterio`/o Dalton Finegold,LLP) • The Administrator provides background on the Order issued in February of 1985. The OOC was never acted on and work never started. The construction of the house was governed under a later OOC (#242-292)which received a COC September 3, 1997. • 9:06p.m. Mr. Lynch rejoins the meeting. • A motion to issue a Partial Certificate of Compliance is made by Mr. Manzi, seconded by Mr. Capachietti. • Vote 6-0,Unanimous. Documents 242-255, Castlemere Place OOC, 242-292, 25 Carriage Chase (Lot 16) CDC, 242-292, 25 Carriage Chase (Lot 16) OOC, Req.for CofC WPA Form #242-255 Enforcement OrderNiolation 920 Johnson Street(Whitehead) 2021-09-29 Conservation Commission Minutes Page 7 of 10 Approved 1112212021 • Greg Hochmuth, Williams & Sparages visited the site last week. The posts and markers have not been installed but the locations have been marked for the installation. All other issues have been addressed. They are hoping to submit a Notice of Intent for the October 13th meeting. • Mr.Napoli states failure to install the posts and markers by October 13th will result in fines. • A motion to Amend the Enforcement Order to institute fines as recommended by the Chairman,is made by Mr. Manzi seconded by Mr. Mabon. • Vote 6-0,Unanimous. Documents 920 Johnson-EO August 12, 2021 Enforcement OrderNiolation 40 Flagship Drive(DWT Holdings,LLC) • The Administrator provides a progress update on the Enforcement Order. A Notice of Intent filing is pending, permission was received by the downstream properties to start surveying the wetland impacts. She suggests the Commission consider allowing preparation of the basin for final condition. • Mr. Mabon feels it is important to monitor the outlet structure closely for turbidity to ensure it is functioning as intended. • William Linskey, DWT Holdings, LLC describes how they propose to prevent turbidity with additional filtration. They are looking to stabilize the site and install the foundation before winter. The pumps are to remain on site until the basin is complete. They propose to muck out the basin and stockpile the material up top to dry out. They do not propose to activate the basin until it is fully stabilized. • Mr. Lynch states it is important the material is dried out, desiccated and protected to prevent it from coming back down. • The Commission discusses the Enforcement Order and agrees to allow activities 2, 3,4, 5 &7 as outlined in the letter from Meridian Associates dated August 10, 2012. The next steps will be discussed at the next meeting. • Mr. Capachietti requests a copy of the drainage calculations be provided for review. • A motion to Amend the Enforcement as discussed is made by Mr. Capachietti, seconded by Mr. Manzi. • Vote 6-0,Unanimous. Documents 07-14-2021 Meeting Materials, 08-11-2021 Meeting Materials, 09-08-2021 Meeting Materials, 09-22-21 Email Update J. Sullivan Re_40 Flagship, 20210920 160858, 20210920 162144 Enforcement Order/Violation 242-1692, 1210 Osgood Street(Princeton Development&Forgetta Development) • Mr.Napoli recuses from the discussion due to a conflict of interest, and Mr. Manzi steps in as Chair. • The Administrator provides background on the Enforcement Order issued for the performance failure of the interceptor trench and seep. Tenants were notified of the issues by hand delivery. The Administrator states a response deadline of September 29th, additional time may be required to submit a formal response. She questions whether the NACC would like any additional information. • Atty. Jeff Brown, Princeton Properties states the property was sold by Princeton Properties in May 2021. He is currently representing the new property owner, LIFT Osgood Street,LLC. He is working on a response to address the issues and requests to submit the report on Tuesday, October 5th. He explains the process in which the site is being monitored(on-site&distance/remote by computer) for potential issues. Data from the water treatment system is being provided to the Conservation Department on a monthly basis. He explains why he believes the incidents in July and August are isolated incidents due to human error. The effects on the wetland due to the performance failures are no longer present per reports from EcoTec and LRT. O&M was performed to the french drain in the area where the seep occurred at corner of Building B. • Mr. Lynch expresses concern with the length of time it took the applicant to report the failure. • Atty. Brown states they have increased on-site monitoring. He offers to add this to the monitoring contract with LRT. 2021-09-29 Conservation Commission Minutes Page 8 of 10 Approved 1112212021 • Mr. Manzi expresses concerns that failures are still occurring and believes a foolproof alarm system should be installed on the interceptor trench. He requests soil samples be performed and analyzed. • Atty. Brown states the system never stopped functioning but was not picking up the excess water to allow it to function better. Based on the LRT reports the pH levels started at 12.5 and are currently at 10. • Commissioner Manzi and Lynch agree the alarm would alert if the water has risen to a level of concern. • Mr. Lynch would like a written letter from EcoTec that they reevaluated the Resource Area. • The Commission agrees to extend the deadline for response to the EO to October 5, 2021 and request a proposed sampling plan to evaluate the levels of pH in the area of distressed vegetation by October 13,2021. • A motion to Amend the Enforcement Order as discussed and amended is made by Mr. Lynch, seconded by Mr. Mabon. • Vote 5-1 (In Favor: Capachietti, McDonough,Manzi,Mabon,Lynch,Recused:Napoli). Documents 242-1692, 1210 Osgood Street(EO) 0916 21 - Groundwater Treatment System Failures Cory, Email-J. Brown response to EO, Tenant Notification, Princeton Tenant Notification -Seep over parking lot 09-20- 21, Water Quality Data thru 091721-1210 Osgood Street Enforcement OrderlViolation 16 Ferry Street(Gibraltar Pools) • The Administrator provides a progress update on the Enforcement Order. She recommends keeping the EO in place until the seed is fully established and will report back to the NACC at the next meeting. • 9:50p.m. Mr. Manzi leaves the meeting. • The Commission discusses the steps and agrees to allow time for the seed to germinate. • A motion to October 27, 2021,is made by Mr. Capachietti, seconded by Mr. Lynch. • Vote 5-1 (In Favor: Capachietti, McDonough,Napoli,Mabon,Lynch,Abstained:Manzi). Documents 09-08-2021 Meeting Materials, 20210916 102712, 20210916 102742 Enforcement Order/Violation 60 Campbell Road(Sahagian) • 9:52p.m. Mr. Manzi rejoins the meeting. • The Administrator provides a progress update on the Enforcement Order. • Greg Hochmuth, Williams & Sparages states an after-the-fact Notice of Intent for restoration and other proposals will be submitted for the October 13th meeting. Erosion controls are in and seeding completed in areas approved by the NACC. Documents 09-08-2021 Meeting Materials, Ratified, Amended EO- 60 Campbell Road- 09-08-21 Enforcement OrderlViolation 268 Raleigh Tavern Lane(Atallah) • Mr. Mabon recuses from the discussion. • The Administrator provides background on the Violation for the installation of a patio. A survey plan was received per the Commission request and a corner of the patio is within the 50-foot NBZ. • The Commission discusses the Violation and agrees to issue an EO for the removal of the corner of the patio by October 27th or daily fines will ensue. The remainder of the patio will require an updated stamped plan along with after-the-fact RDA. The RDA must be submitted for the November 17th meeting. • A motion to issue an Amended Enforcement Order is made by Mr. Manzi, seconded by Mr. Capachietti. • Vote 5-1 (In Favor: Capachietti, McDonough,Napoli,Manzi, Lynch, Recused: Mabon). Documents 04-28-2021 Meeting Materials, 268 Raleigh Tavern Survey Plan 05-17-21 Enforcement Order/Violation 64 Nutmeg Lane(Madsen) 2021-09-29 Conservation Commission Minutes Page 9 of 10 Approved 1112212021 • The Administrator provides background on the Violation for the unauthorized removal of vegetation. The homeowner is seeking to restore the lawn up to the 25-foot NDZ, stump grinding and installation of a fence along the 25-foot NDZ. The Administrator seeks guidance from the Commission on the type of permit they will require for the proposed work. • Mr. Lynch questions if the area above the 25-foot NDZ was lawn prior to the vegetation removal. • Brendan Madsen,the homeowner states he believes this was a lawn area originally. He explains why he believes the As-Built from the development is incorrect. He states when the violation occurred,they were unfamiliar with the regulations. The area up to the wall was lawn from when it was built until 2005. The clearing was done to maintain the property as it was originally intended. • The Administrator states the As-Built shows one of the crossings. The wetland on Lot 5 (64 Nutmeg Lane) was part of the replication. The work that was done is within 100-feet of the wetland to the west of the property. • Mr. Lynch states the original development(Abbott Village) spent 20-years of litigation in court. He provides background on the court case and what the outcome was. The As-Built shown does not speak to Lot 5,but specifically to the subdivision. He believes the homeowners are entitled to what was on the original permit. If they are seeking to expand beyond what was originally permitted a separate process is required. • Mr. Madsen states a request was submitted to the Conservation and Building Department for documentation. The file did not contain an As-Built plan or permit for 64 Nutmeg Lane. A request for documentation was also submitted to the project engineer with no luck. • The Commission directs the Administrator to review the file for a lot specific Order. • Jessica Madsen states they would be comfortable using the current posts that were installed. • The Administrator states it is her opinion that the wetland is on the downhill side of the stonewall. She believes some of the current posts would need to be moved in a couple locations. • The Commission discusses the Violation and agrees the wetland line must be delineated before further direction can be given as to what type of permit will be required. They agree to allow seeding to be performed no additions or changes,the cease and desist remains in place. The homeowners are directed to come back to the Commission when they are ready to file. Documents 09222021 Revised Project Narrative- 64 Nutmeg, 64 Nutmeg Ln Violation Letter, 64 Nutmeg Project Narrative_ 05 27 2021, 242-784, Abbott Village OOC, 20210510_093209, 20210510 093819, Amended Project Narrative, As-Built Plan &Profile Nutmeg Lane 1015 08, As-Built Plan Replication Areas 09 20 00, Email Correspondence-Backyard clearing 64 Nutmeg, Google Aerials 2001, 2005, Revised Request- 64 Nutmeg, Town of North Andover Mail- 64 Nutmeg Lane-Subdivision Files 2nd and final email Enforcement Order/Violation 487 Winter Street(Randall) • The Administrator provides background on the Enforcement Order for the removal to trees and vegetation. The plantings have been reviewed,things are healthy and well vegetated. She recommends lifting the Enforcement Order. The homeowner has requested permission to remove a dead ash tree infested with EAB which is approximately 27-feet from the BVW. Conservation Staff recommends the removal of the tree which would be done via a Tree Removal Letter. • Ainsley Randall,the homeowner is present for questions. • A motion to lift the Enforcement Order is made by Mr. Manzi, seconded by Mr. Capachietti. • Vote 6-0,Unanimous. Documents 20200609 191247, 20200609 191453, 20200609 191846, 20200609_191924, 20200609_191955, Enforcement Order 04 19 19, 20200609_192036, Restoration Planting Plan - 487 Winter Street, T. Andrews Follow Up Email-plantings observation General/New/Old Business Watershed Update 2021-09-29 Conservation Commission Minutes Page 10 of 10 Approved 1112212021 • Mr. Napoli would like to continue this to the next agenda due to the late hour. 2021 Hunting Dates • The Administrator reviews the bow-hunting dates with the Commission. Surveys submitted by hunters post hunting season state there are too many people and dogs to successfully harvest a deer. • Mr. Manzi states the parcel has regulations pertaining to the number of hunters permitted. Decision 242-1810, Osgood Pond Dam (Sutton Pond Condominium Trust) • The Administrator reviews the drafted Order of Conditions. • The Commission discusses Condition#51. The bond which will be set in the amount of$10,000. • A motion to adopt the Order of Conditions as drafted is made by Mr. Manzi, seconded by Mr. Capachietti. • Vote 6-0,Unanimous. Decision 242-1825, 1 &28 Royal Crest Drive(AIMCO North Andover,LLC) • The Administrator reviews the drafted Order of Conditions. • The Commission discusses the bond which will be set in the amount of$5,000. No more than two open excavations are allowed at any time, trenches are not to be left open overnight. Conservation Staff will be notified of the schedule and update. • A motion to adopt the Order of Conditions as drafted and amended is made by Mr. Capachietti, seconded by Mr. Mabon. • Vote 6-0,Unanimous. Adjournment • A motion to adjourn at 10:42p.m. is made by Mr. Manzi, seconded by Mr. Mabon. • Vote 6-0 Unanimous. 2021-09-29 Conservation Commission Minutes