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Home My WebLink About2021-11-22 Conservation Commission Minutes Page 1 of 8 Approved 0111212022 North Andover Conservation Commission Meeting Minutes November 22,2021 Members Present: Anthony Capachietti, Louis A.Napoli,Chairman,John T. Mabon and Joseph W. Lynch Members Absent: Albert P. Manzi, Jr., Vice Chairman and Sean F. McDonough Staff Members Present: Amy Maxner, Conservation Administrator and Taylor Andrews, Field Inspector Meeting came to Order at: 7:02 p.m. Quorum Present. Pledge of Allegiance Acceptance of Minutes • A motion to accept the minutes of September 29, 2021, October 13, 2021 &October 27,2021,is made by Mr. Mabon, seconded by Mr. Lynch. • Vote 4-0,Unanimous. Notice of Intent(NOI) 242-1816,325 Johnson Street(Sparks) • The Administrator provides background on the proposal heard at a previous meeting. The Administrator and Vice Chairman reviewed the Riverfront Regulations and determined the stream is perennial as shown on the USGS Map. The project engineer has provided an alternatives analysis and calculations for impact within Riverfront. The new work is no closer to the river than existing disturbed areas and falls under the 10% disturbance threshold for a lot created before the Riverfront regulations. • A motion to close and issue in 21 days is made by Mr. Mabon, seconded by Mr. Lynch. • Vote 4-0,Unanimous. Documents 06-09-2021 Meeting Materials,08-11-2021 Meeting Materials,09-29-2021 Meeting Materials,Alternatives Analysis- 325 Johnson St, NA, Site Plan—]0302021 Notice of Intent(NOI) 242-1826, 175 Old Cart Way(Patel) • The Administrator provides background on the proposal heard at a previous meeting. A revised plan was received eliminating the access easement as requested by the NACC. The plan has been revised to clearly show elevations,retaining wall cross section, stockpile area and construction access. • David Cowell,Hancock Associates and Pushpak Patel,the homeowner, are present for questions. • A motion to close and issue in 21 days is made by Mr. Mabon, seconded by Mr. Lynch. • Vote 4-0,Unanimous. Documents 09-29-2021 Meeting Materials, 10-27-2021 Meeting Materials, 175 Old Cart Way Plan rev 11-1-21 Notice of Intent(NOI) 242-1827, 60 Campbell Road (Sahagian) • The Administrator provides background on the proposal heard at a previous meeting. A revised plan was received depicting the fieldstone wall to mark the 25-foot NDZ as requested by the NACC. • Mr. Lynch requests a cross section of the barrier wall be conditioned in the Order. • Mr.Napoli questions if the abutters property that was affected has been stabilized. • Tate Sahagian,the homeowner, states erosion have been installed and are functioning properly. • A motion to close and issue in 21 days is made by Mr. Mabon, seconded by Mr. Lynch. • Vote 4-0,Unanimous. 2021-11-22 Conservation Commission Minutes Page 2 of 8 Approved 0111212022 Documents 10-13-2021 Meeting Materials, 10-27-2021 Meeting Materials, Plan to Accompany a Notice of Intent- 60 Campbell Road R4 Notice of Intent(NOI) 242-1830, 1101 Turnpike Street(Mass Electric Company) • The Administrator provides background on the proposal heard at a previous meeting. An updated plan was received with a drip edge trench at the rear of the building to address roof runoff. • Mr. Capachietti states he would be ok if they saw cut straight vs. around the piers and the repave. • Mike Toohill, Coneco Engineers & Scientists is present for questions. • A motion to close and issue in 21 days is made by Mr. Mabon, seconded by Mr. Lynch. • Vote 4-0, Unanimous. Documents 10-27-2021 Meeting Materials, NGrid N Andover 8 Bays Full Set(I1-08-21) Request for Determination of Applicability Glennie Woodlot/Town Farm Boardwalk(FONAT) • The Administrator states a continuance is required. • A motion to continue to December 8,2021,is made by Mr. Mabon, seconded by Mr. Capachietti. • Vote 4-0,Unanimous. Documents n/a Request for Determination of Applicability 268 Raleigh Tavern Lane(Atallah) • Mr. Mabon recuses from the discussion. • The Administrator states a continuance to the next meeting is required due to a lack of quorum. Documents n/a Request for Determination of Applicability 14 Lorraine Avenue(Kindred) • The Administrator presents the proposal for the installation of a generator. The generator will be installed approximately 25-feet from the wetland. An alternatives analysis was provided. The Administrator reviews the alternatives analysis with the NACC.No trenching is required for the utility connection and the proposed pad is precast. She recommends issuing a Negative Determination#3 with conditions requiring pre and post construction inspections. • Mr. Mabon requests a post construction inspection to verify the location of the generator. • The Administrator states the Field Inspector visited the site and confirmed the proposed location. . • The Commission discusses the proposal and agrees the project does not require a waiver request. • David Kindred, the Applicant, is present for questions. • A motion to issue Negative Determination#3 with conditions as recommended and discussed is made by Mr. Mabon, seconded by Mr. Capachietti. • Vote 4-0,Unanimous. Documents 25-Foot NDZ and 50-Foot NBZ Waiver Request Form, 20211117 152338, RDA Application with Supporting Materials 1104 21 Request for Determination of Applicability 693 Johnson Street(Mouzakis) • The Administrator states the proposal is for the upgrade of the existing septic system. The leach field is approximately 103-feet from the wetland,which is located across the street. The geo-membrane, grading and 2021-11-22 Conservation Commission Minutes Page 3 of 8 Approved 0111212022 vent are within the 100-foot Buffer Zone and erosion controls are proposed. The design has been approved by the BOH. She recommends issuing a Negative Determination#3 with conditions requiring certified clean fill, and pre and post construction inspections. • Mr.Napoli questions if the driveway will be used for construction access and stockpile location. • Stephen Mouzakis,the Applicant, confirms the driveway will be used for both the construction access and stockpile. • Mr.Napoli requests the area be designated at the preconstruction meeting. • Mr. Lynch requests a construction sequence be submitted explaining how waste generated from the house during construction will be handled. • A motion to issue Negative Determination#3 with conditions as recommended and discussed is made by Mr. Lynch, seconded by Mr. Mabon. • Vote 4-0, Unanimous. Documents 693 Johnson Street R14A, 693 Johnson Street R14B, RDA Application with Supporting Materials 1103 21 Modification 242-1808,Beechwood Drive(Beechwood Drive,LLC) • The Administrator provides background on the project. The Applicant is seeking to substitute the proposed ADS Stormtech Recharge system with a Cul-Tec system. A HydroCAD Report was provided and reviewed by the Town's third-party peer reviewer with no issues. The function and volume of the system will be the same with a different footprint. • Will Duffy, CRE-Management states the request is due to a material procurement issue. • Mr. Mabon questions if the footprint of the recharge system requires more or less space. • The Administrator presents the modification drawing depicting the previously approved system(gray)with the newly proposed system(black) overlaid. • The Commission reviews the submitted plans. The newly proposed system is slightly shorter and a bit wider. • The Administrator stresses the importance of keeping the work within the proposed limits • A motion to approve the Modification as proposed is made by Mr. Mahon, seconded by Mr. Lynch. • Vote 4-0,Unanimous. Documents coverlett_CC_clean, HydroCAD Report cultec, Signed Request for Modification, SUBMITTAL #2-CULTEC SHOPS CALCS-10-14-21 TFM Notice of Intent(NOI) 242-1831, 104 Milk Street(Ryan) • Maureen Herald,Norse Environmental states the proposal consists of a single family addition. The wetland line was reviewed with the Administrator and adjustments along the"A' series were made. The plan has been revised to show the new offset locations. Changes were made to the structure to accommodate/meet the NACC's 50-foot NBZ. A river rock drip edge has been proposed to capture roof runoff. • Mr. Lynch expresses concerns with the high water table in this area of Milk Street. • Ms. Herald states the water table is notoriously high which is the reason they chose the design. • The Administrator states the foundation will consist of a crawl space with vapor barrier. • The Commission discusses the proposed drip trench and agrees gutters will only be allowed as the building code requires but runoff needs to be infiltrated to the maximum extent possible. • Mr. Mabon requests the foundation be staked and verified prior to construction. • Mr.Napoli requests a dewatering detail due to the high water table. • The Commission discusses dewatering and agrees the best area for the discharge location is in the backyard between elevation line 104 and 102 with dedicated erosion controls to extend behind the garage. • Mr. Capachietti states erosion controls need to be relocated outside of the 25-foot NDZ. • A motion to continue to December 8, 2021,pending plan revisions to be submitted, is made by Mr. Lynch, seconded by Mr. Mahon. 2021-11-22 Conservation Commission Minutes Page 4 of 8 Approved 0111212022 • Vote 4-0,Unanimous. Documents 104 milk_10132021,104 milk—Site Plan_11072021, NOI Application Checklist, scanned NOI- 104 Milk Street 1014 21 Abbreviated Notice of Resource Area Delineation 242-1824, 177 Great Pond Road (Strecker) • Maureen Herald,Norse Environmental provides background on the proposal. A revised plan has been provided depicting flag changes in yellow. All flag changes that were made in the field were field located and surveyed in. All the associated Buffer Zones have been adjusted and shown on the plan. Ms. Herald requests the NACC recognize four areas shown on the plan in orange as land in agricultural use. An affidavit was received from Michael Davidowicz of Crescent Farm attesting to having cut and harvested hay for purchase between 2005 and 2019 on these four fields. The Applicant has a number of commodities on the property. • Mr. Lynch suggests the NACC wait for Commissioner Manzi's input regarding land in agricultural uses. He questions if the request to determine the agricultural areas pertains to the fact that some of the land disturbance has occurred within Resource Areas. • Mr. Mabon agrees with Commissioner Lynch and states the significance of an ANRAD is to verify the accuracy of the wetland line and flags. • Ms. Herald states it has always been the Applicant's intention to use the land for agricultural purposes. • Mr. Capachietti states if the ANRAD process establishes the limits of the Resource Areas,it does not establish the limits of historic use of lands in agricultural use. • Atty. Frank DiLuna, Smolak&Vaughan explains the difference between chapter land chapter 6 1 A and land in agricultural use. The WPA does not have a commodity production requirement for land in agricultural use. Land in agricultural use can be located within a Resource Area but the activities being conducted on that land are the exempt activities. • The Administrator states there is a perennial stream that runs through the property. The Applicant's attorney has cited 310 CMR 10.58(2)3.c. where the Riverfront Area is only 100-feet away from MHW for new agricultural or aquaculture activities. • Mr. Capachietti states based on his knowledge of the WPA they wouldn't qualify for the exemptions for land under agricultural use if they are new. • The Commission discusses the request and agrees to wait for Commissioner Manzi to discuss the matter. • Atty. DiLuna states this land can be disturbed since this is an allowed activity under either normal maintenance or normal improvement of land in agricultural use. He directs the NACC to review the Farm Guide to help explain the process. • Ms. Herald states they are hoping for everyone to be one the same page during the ANRAD process to avoid future issues. • Mr.Napoli questions if they plan to use the same areas they are currently using as agriculture or if they intend to expand. • Atty. DiLuna states they cannot expand into the Resource Area. They intend to cross-commoditize within the existing Resource Areas that are within agricultural use. The land can be inactive for up to 5-years. • The Commission discusses the request and agrees to continue until Commissioner Manzi is available. • Mr. Mabon requests the existing swimming pool be depicted on the plan. • Ms. Herald requests to continue to the next meeting. • A motion to continue to December 8, 2021,is made by Mr. Lynch, seconded by Mr. Mabon. • Vote 4-0,Unanimous. Documents 09-29-2021 Meeting Materials, 177 Great Pond PowerPoint Aerials, 521017- 177 Great Pond Road- WS 2021-11-08, Norse submittal letter, Signed Affidavit- 177 Great Pond Rd, USDA Strecker Farm Tract Map Farm 1297 Tract 1716 2021-11-22 Conservation Commission Minutes Page 5 of 8 Approved 0111212022 Certificate of Compliance 242-1739,Partial COC &Bond Reduction,Rea Street Subdivision(RDM,Rea Street LLC) • Ben Osgood,Ranger Engineering states all of the work has been completed. The certification of the stormwater area has been submitted. The calculations were redone, and they still meet the requirements. During construction a row of infiltrators was added to one of the stormwater areas to allow for additional space in case of any overage. Differences/increases have been shown on the plan. The only remaining issues are installing stone bounds, cleaning the catch basins and entering into a maintenance agreement for 1-year with the homeowners association. The shared detention pond has been cleaned and maintained. The previous calculations were used since the detention pond was not redone. • Mr.Napoli expresses concerns with a bond reduction based on what is left to be completed. He questions if the calculation would have increased due to the subdivision. • Mr. Osgood explains how the calculations were analyzed. He is unsure who is responsible for the shared detention basin. The Applicant received permission from the owner to clean and maintain the basin. He believes part of the maintenance contract is to maintain the area in question which would include keeping the area clear for the first year as required in the OOC. The project is governed by two Orders (242-1739 &242- 1755). They are requesting PCOC's for Lots 3-7 to allow the homeowners to conduct their own work if desired. • Mr. Lynch states an O&M Plan is typically a perpetual condition, submitted yearly. • The Administrator states wetland markers need to be installed along the last three lots. • The Commission discusses the request and agrees to release $12,500 and hold the remaining$12,500. • The Administrator states Lot 1 &2 have already been released from the OOC. Lots 3-7 require a PCOC for clearing in the Buffer Zone. • A motion to reduce the bond in the amount of$12,500 is made by Mr. Lynch, seconded by Mr. Mabon. • Vote 4-0,Unanimous. • A motion to issue a PCOC for Lots 3-7 is made by Mr. Lynch, seconded by Mr. Mabon. • Vote 4-0,Unanimous. Documents 10-27-2021 Meeting Materials, 242-1739, WPA Form 8A -Request for Certificate of Compliance, 2021-07- 02 Rea Street As-Built, Lots 5-7, 2021-08-27 Con Com Cover Letter, 2021-08-27 Request for COC Conformance Letter, Rea Street Subdivision As-Built I of 2, Rea Street Subdivision As-Built 2 of 2 Certificate of Compliance 242-1755,Rea Street,Lots 4-7(RDM,Rea Street LLC) • Ben Osgood,Ranger Engineering states they are seeking a full COC for the construction of the houses on Lots 4-7. • The Administrator states the houses on Lots 4-7 are in compliance with the OOC. She recommends issuing a full and complete Certificate of Compliance for this Order. • A motion to issue a full and final Certificate of Compliance for Lots 4-7 is made by Mr. Lynch, seconded by Mr. Mabon. • Vote 4-0,Unanimous. Documents 10-27-2021 Meeting Materials, 242-1755, COC Request Lots 4-7, 242-1755, WPA Form 8A -Request for Certificate of Compliance, 2021-02-11 Rea Street As-Built, Lots 1-4, 2021-08-27 Con Coin Cover Letter, 2021-08-27 Request for COC Conformance Letter Certificate of Compliance 242-1734,980 Forest Street(Thibaud) • The Administrator provides background on the Order issued in May of 2018. Deviations to the approved plan were noted in the Engineer's certification letter,most of which moved the project elements further away from the wetland. The footprint of proposed patios were smaller than proposed.The vegetable garden is larger than proposed but within the previously disturbed footprint of the above ground pool and stonewall. Plantings in 2021-11-22 Conservation Commission Minutes Page 6 of 8 Approved 0111212022 the 25-foot NDZ are in good health, although they show signs of animal browsing. Two white pines were planted vs. the three proposed. The As-Built Plan has been updated to reflect the 50-foot NBZ off the wetland series"A". The Administrator recommends issuing a COC as the site is stable and in compliance. • The Commission discusses the Compliance Letter submitted by Stephen Dresser,Dresser,Williams,Way, Inc. • A motion to issue a full and final Certificate of Compliance is made by Mr. Capachietti, seconded by Mr. Mabon. • Vote 4-0,Unanimous. Documents CDC Request Materials 1104 21, Final As Built Plan Enforcement OrderNiolation 40 Flagship Drive(DWT Holdings,LLC) • The Administrator states the Applicant was unable to attend tonight's meeting. She expects to receive the Notice of Intent in time for the December 8th filing deadline. The site is stable,no pumping is occurring. There are two frac tanks onsite which are full and being flocked. They are waiting on the correct size filters to start pumping again. Site inspections are occurring once daily by the Administrator and Field Inspector. • The Administrator reviews the criteria for additional inspection services. • The Commission discusses fine provisions for administrative burden due to non-compliance in the field and agrees additional research is required. • A motion to continue to December 8, 2021,is made by Mr. Lynch, seconded by Mr. Mabon. • Vote 4-0,Unanimous. Documents 07-14-2021 Meeting Materials, 08-11-2021 Meeting Materials, 09-08-2021 Meeting Materials, 09-29-2021 Meeting Materials, 10-13-2021 Meeting Materials, 10-27-2021 Meeting Materials Enforcement OrderNiolation 64 Nutmeg Lane(Madsen) • The Administrator states the homeowner has engaged the services of Williams & Sparages to delineate the wetland. The survey is scheduled to take place within the next few days. The Enforcement Order required the wetlands to be delineated and a plan to determine what level of permitting will be required. She recommends keeping the cease and desist in place. Documents 09-29-2021 Meeting Materials Enforcement OrderNiolation 268 Raleigh Tavern Lane(Atallah) • Mr. Mabon recuses from the discussion. • The Administrator states a continuance to the next meeting is required due to a lack of quorum. Documents n/a Enforcement OrderNiolation 242-1799,243 Great Pond Road(Boyko) • The Administrator provides background on the Order issued February 2021. A monitoring report was received that portions of the koi pond encroached into the Conservation Restriction Area(CR). An Enforcement Order was issued requiring all work to cease and desist and an interim As-Built Plan submitted to determine the level of encroachment into the CR. The survey has been completed but the plan has not been received. The edge of the CR was re-staked, and the southwest edge of the pond and associated stone steps encroached into the CR. The Administrator advised the homeowner that only the Commission can determine if other work can proceed and requested the site be stabilized for winter. 2021-11-22 Conservation Commission Minutes Page 7 of 8 Approved 0111212022 • Mr.Napoli states Town Counsel reviewed the CR when the NOI was before the NACC in February. Access through the CR was granted for access for work only. • Stephen Boyko,the homeowner, explains to the NACC how the Violation occurred. • Mr. Lynch requests the Administrator forward a copy of the CR to the Commissioners for review. • The Administrator states during permitting the original proposal was revised to completely respect the CR. • Mr. Boyko presents a drone shot of the koi pond for the record and suggests a retaining wall be installed to hold back the soil from the CR. • The Commission discusses the Enforcement Order and agrees the Applicant must comply with the CR. The plan approved by the NACC was compliant with the CR. • Mr. Lynch states the CR needs to be reviewed prior to the NACC providing any direction. • Jay Bearfield,Lotus Gardner questions if he needs to contact the Conservation Department once the site has been winterized. There is approximately 20-yards of loom they intend to move. • The Commission agrees that if the soil is outside of the CR,it can remain. They direct the contractor to contact the Administrator with questions. • Mr. Boyko requests to continue the work outside of the CR. • The Commission discusses the request and agrees to continue to the next meeting. • A motion to ratify the Enforcement Order and continue to December 8,2021, is made by Mr. Lynch, seconded by Mr. Mabon. • Vote 4-0,Unanimous. Documents 243 GPR Pics, 242-1799-Enforcement Order-243 Great Pond Road, 242-1799, 243 Great Pond Road OOC, Drone Photo 1122 21, Final Approved Plan 243 GPR, Resized_20211122_153635, Resized 20211122 153659, Resized 20211122 153701 Decision 242-1816,325 Johnson Street(Sparks) • The Administrator reviews the drafted Order of Conditions. • The Commission agrees a dewatering location must be proposed and inspected at the pre-construction meeting. The bond will be set in the amount of$2,500.00. • A motion to adopt the Order of Conditions as drafted and amended is made by Mr. Lynch, seconded by Mr. Mabon. • Vote 4-0,Unanimous. Decision 242-1826, 175 Old Cart Way(Patel) • The Administrator reviews the drafted Order of Conditions. • The Commission discusses the erosion controls and directs the Administrator to ensure the requirements set forth in the Order are discussed at the preconstruction meeting. The bond will be set in the amount of $3,500.00. • A motion to adopt the Order of Conditions as drafted is made by Mr. Mabon, seconded by Mr. Capachietti. • Vote 4-0,Unanimous. Decision 242-1827, 60 Campbell Road(Sahagian) • The Administrator reviews the drafted Order of Conditions. • The Commission discusses the fieldstone wall which is required to be 2-feet above up gradient grade approved by the Administrator. The bond will be set in the amount of$2,500.00. • A motion to adopt the Order of Conditions as drafted and amended is made by Mr. Mabon, seconded by Mr. Lynch. • Vote 4-0,Unanimous. 2021-11-22 Conservation Commission Minutes Page 8 of 8 Approved 0111212022 Decision 242-1830, 1101 Turnpike Street(Mass Electric Company) • The Administrator reviews the drafted Order of Conditions. • The Commission discusses the bond which will be set in the amount of$3,000.00. Saw cutting in straight paths between the piers is permitted. • A motion to adopt the Order of Conditions as drafted and amended is made by Mr. Lynch, seconded by Mr. Mabon. • Vote 4-0, Unanimous. Adjournment • A motion to adjourn at 9:21 p.m. is made by Mr. Lynch, seconded by Mr. Mabon. • Vote 4-0 Unanimous. 2021-11-22 Conservation Commission Minutes