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Home My WebLink About2022-05-25 Conservation Commission Minutes Page 1 of 7 Approved 0612212022 North Andover Conservation Commission Meeting Minutes May 25,2022 Members Present: Ryan D. Hale, Sean F. McDonough, Louis A.Napoli, Chairman,Albert P. Manzi,Jr.,Vice Chairman,John T. Mabon and Joseph W. Lynch Members Absent: Anthony Capachietti Staff Members Present: Amy Maxner, Conservation Administrator and Taylor Andrews,Field Inspector Meeting came to Order at. 7:00 p.m. Quorum Present. Pledge of Allegiance Pursuant to Chapter 20 of the Acts of 2021, this meeting of the North Andover Conservation Commission will be conducted in person and via remote means, in accordance with applicable law. Specific information and the general guidelines for remote participation by members of the public and/or parties with a right and/or requirement to attend this meeting can be.found on the Town's website, at www.nortliandoverma.gov. For this meeting, in person attendance of applicants, their representatives, members of the public and Commission members will be permitted Members of the public who wish to watch the meeting live may do so on their televisions by tuning to Comcast Channel 8 or Verizon Channel 26 or online at www.northandovercaln.org. Every effort will be made to ensure that the public can adequately access the proceedings in real time, via technological means. In the event that we are unable to do so, despite best efforts, we will post on the Town of North Andover website an audio or video recording,transcript, or other comprehensive record of proceedings as soon as possible after the meeting. If the public would like to participate in public hearings, but not attend the meeting in-person, please email your question/comment prior to or during the meeting to amas ner a)northandoverma.gov. The question/comment will be read during the proceedings and responded to accordingly. Acceptance of Minutes • A motion to accept the April 27,2022,minutes as drafted and amended is made by Mr.Mabon, seconded by Mr. Lynch. • Vote 6-0, Unanimous. Enforcement OrderNiolatiion 121 Amberville Road(Wong) • Nancy Wong,the homeowner,is present, she states she was surprised fines were issued after the last meeting. Progress has been made since the last visit by Conservation staff. • The Administrator states after several site visits, she believes the homeowner has a good understanding on what needs to be done. The returning native understory will remain, additional plants and seeding is to be conducted. • The Commission discusses the EO and agrees to suspend fines and allow the homeowner until July 13th to complete the work. If the deadline is not met the fines will be reinstated. They request Staff to conduct an additional site visit to explain which plants should stay and which should be removed. • Mr.Mabon requests a planting list be provided,plants to be removed marked and locations for the new plantings be marked at the site visit. • A motion to amend the Enforcement Order as discussed is made by Mr. McDonough, seconded by Mr. Manzi. • Vote 6-0, Unanimous. Documents 2022-05-25 Conservation Commission Minutes Page 2 of 7 Approved 0612212022 01-12-2022 Meeting Materials, 03-09-2022 Meeting Materials, 05-11-2022 Meeting Materials, 121 Amberville progress Pics, Site Visit Photos 05-25-2022, 121 Amberville Road 2nd Amended EO w fines 05 11 22 Notice of Intent(NOI) 242-1837, 1260 Salem Street(Czerepak) • The Administrator states a continuance has been requested. • A motion to continue to June 22,2022,is made by Mr. McDonough, seconded by Mr. Lynch. • Vote 6-0,Unanimous. Documents Email from Lacicsu7753,i corri.cast net requesting a continuance until 6122122 Notice of Intent(NOT) 242-1842,Lorraine Avenue(Kindred) • The Administrator states a continuance has been requested. • A motion to continue to June 8, 2022,is made by Mr. McDonough, seconded by Mr. Lynch. • Vote 6-0,Unanimous. Documents Email from 'ohn @mc rincarneron.com requesting a continuance until 618/22 Notice of Intent(NOI) 242-1839, 1160& 1116 Great Pond Road(Brooks School) • The Administrator states the updated materials requested by the Commission were received. A site visit was conducted by the Planning Board yesterday and they hope to make a decision at the June 7th meeting. There are some areas of historic dumping on the Faculty Housing site,cleanup will be conditioned in the Order. • Andrew Leonard,A.T. Leonard&Assoc. states the reinforced lawn is shown in detail sheets L3.00, detail 5. • Mr. Mabon questions if the other houses are serviced by septic. • Anthony Cleaves,Whitman&Bingham Assoc. states the existing facilities on campus are serviced by gravity sewer lines. The current septic system is outside of the buffer zone and will be abandoned in accordance with the BOH regulations and tied into the sewer. • No abutters are present. • A motion to continue to June 8,2022,is made by Mr. McDonough, seconded by Mr. Lynch. • Vote 6-0,Unanimous. Documents 04-13-2022 Meeting Materials, 05-11-2022 Meeting Materials, Brooks Boathouse Architectural AI-A3, Brooks Boathouse Landscape LI00-105 5-17-2022, Brooks Boathouse-Faculty Housing Cover-Exist Cond 5-17-2022, Brooks Boathouse-Faculty Housing Erosion Control-Utility 5-17-2022, Brooks Boathouse- Faculty Housing Landscape Details L300-L302 5-17-2022, Brooks Campus Map, Brooks Erosion Control Narrative-update 5-17-2022, Brooks Faculty Housing Architectural A101-A102, Brooks Faculty Housing Landscape L200-206 5-17-2022, Dirt Bag Cut Sheet, GrassPave spec sheet, NA CC-NOI-Narrative-update- 5-17-2022, Waiver Request Form 2019-update 5-17-22 Notice of Intent(NOI) 242-1843, 1761 Salem Street(Viera) • The Administrator states the property boundary at 50 Campbell Road was staked per the Commission's request. it was determined that there is one larger and two smaller woody debris piles which straddle the property line. The piles have been depicted on the revised plan and are slated for removal. There is an outstanding Order(#242-111) from when the house was built that needs to be closed out. • The Commission discusses the Order and agrees a formal COC request must be submitted. • Thor Akerley,Williams&Sparages,LLC is present remotely on behalf of the Applicant. • North Andover CAM experiences technical d ,fiif remote participants are unable to take part in the meeting. 2022-05-25 Conservation Commission Minutes Page 3 of 7 Approved 0612212022 • No abutters are present. • A motion to continue to June 8,2022,is made by Mr. McDonough, seconded by Mr. Lynch. • Vote 6-0,Unanimous. Documents 04-27-2022 Meeting Materials, 05-11-2022 Meeting Materials, Larger woody debris pile, Septic System Repair Plan-1761 Salem Street R3, Smaller woody debris piles 7:38p.m. Due to technical di,ficulties the Commission takes a 10 minute break. 7:49p.m. The Conservation Commission meeting resumes. Notice of Intent(NOI) 242-1844,393 Salem Street(Duncan) • The Administrator states the proposal is for the construction of an addition off the westerly side of the house in the outer reaches of the Buffer Zone. The addition is approximately 94-ft from the BVW. The wetland line was reviewed and is accurate.Perimeter fencing and play structure were observed at the site visit will be added to the plan.The homeowner was made aware that the yard waste dumping within the 25-foot NDZ must be removed. • Aaron Duncan,the Applicant is present,agrees to move the yard waste. • Mr. Lynch questions if the shed shown on the plan is pre-existing. • The Administrator states there are two sheds which date back to 2001. Prior to the commencement of work the Administrator will confirm the removal of the debris pile. • The Commission requests the revised plan depicting the fences and play structure be 1:20 scale. • No abutters are present. • A motion to continue to June 8,2022,is made by Mr. Manzi, seconded by Mr. Lynch. • Vote 6-0,Unanimous. Documents 393 Salem Street 05-23-22 Pics, 393 Salem St NOI, Abutters-393-Salem-St-Mail-Receipts Amendment 242-1692, 1210 Osgood Street(Princeton Dev. &Forgetta Dev.) Enforcement Order/Violation 242-1692, 1210 Osgood Street(Princeton Properties Mgmt/LIPT Osgood Street,LLC) General/Old/New Business 242-1692, 1210 Osgood Street(Princeton Dev. &Forgetta Dev.) -request to cease erosion control reporting on residential side of site • The Administrator states a continuance has been requested. • A motion to continue to a date TBD is made by Mr. Mabon, seconded by Mr. Lynch. • Vote 5-1 (In Favor: Hale,McDonough,Manzi,Mabon,Lynch,Abstained:Napoli). Documents Email from 'brown cr?princetonproperties.com requesting a continuance until a date TBD Request for Determination of Applicability 128 Bridges Lane(Faris) • The Administrator states the proposal is for the removal of aluminum flashing and plywood under the sunroom,replacing the rim joist,reinsulate and the installation of aluminum flashing. Work also entails replacing the door frame,trim and a new garage door installation. Work is approximately 40-5011 from the BVW with a slope down to the wetland. A plan from a previous pool filing shows that the deck was outside of the 50-foot NBZ at that time.No footprint change or ground disturbance is proposed. The dumpster will be stored in the driveway. • Mr. Lynch states materials are to be stored outside of the 25-foot NDZ. • Mr.Mabon questions whether Applicant still has the previously permitted pool. • Joe Faris, the Applicant, states the pool was removed several years ago. 2022-05-25 Conservation Commission Minutes Page 4 of 7 Approved 0612212022 • The Commission discusses the location of the property in proximity to Mosquito Brook,with the Administrator pointing out that the perennial stream is more than 200-ft from the work. • The Administrator recommends issuing a Negative Determination#3 with conditions requiring pre and post construction meetings. • No abutters are present. • A motion to issue Negative Determination#3 with conditions as recommended is made by Mr.Manzi, seconded by Mr.McDonough. • Vote 6-0,Unanimous. Documents 128 Bridges Lane-Fee Calculation Worksheet, 2003 Approved RDA Plan -AG Pool, Certified List of Abutter Mailing, RDA Application with Supporting Materials 05 10 22 Request for Determination of Applicability 72 Patton Lane(Uttley) • The Administrator states the proposal is for a second story addition to the existing garage. The garage roof will be removed,and the ceiling lowered to accomplish a livable space for the addition. Staging will take place in the driveway,no erosion controls recommended due to the slope of the driveway. All work is in the outer reaches of the 100-foot Buffer Zone to BVW located to the rear of the house and outer reaches of the Riverfront to Boston Brook located across the street.Per the Applicant's request most of the mature plantings at the corner of the garage will be preserved,the taller tree may be cut/trimmed. • Christine Uttley,the Applicant is present. • Mr. Lynch cautions the Applicant to be careful where materials are stockpiled. • The Administrator recommends issuing a Negative Determination#3 with conditions requiring pre and post construction meetings and all dumpsters and construction materials kept in the driveway. • No abutters are present. • A motion to issue Negative Determination#3 with conditions as recommended is made by Mr.McDonough, seconded by Mr.Manzi. • Vote 6-0,Unanimous. Documents 20220523_163710, 20220523_164019, 20220523_164032, Plans RDA 72 Patton Lane, RDA Application 72 Patton Lane Certificate of Compliance 242-622,Re-issue COC,643 South Bradford Street(Lot 26A) • The Administrator states this request is for a re-issue of the Certificate of Compliance issued by the NACC on January 5, 1994.At the time the Commission voted to issue a full and complete COC,the file does not contain a copy of the COC,but bond release paperwork is in the file. The property is under agreement and the parties wish to record the COC. • A motion to grant the re-issue of the Certificate of Compliance is made by Mr. McDonough, seconded by Mr. Mabon. • Vote 6-0,Unanimous. Documents 01-05-94 NACC Minutes, COC Request Materials 1993 Certificate of Compliance 242-1710,0 North Main Street,Emergency Boat Ramp (North Andover DPW) • The Administrator provides background on the Order issued in September of 2017. The site is stable and turf pavers are functioning well. • A motion to issue a full and final Certificate of Compliance is made by Mr.McDonough, seconded by Mr. Manzi. • Vote 6-0,Unanimous. 2022-05-25 Conservation Commission Minutes Page 5 of 7 Approved 0612212022 Documents COC package_05062022 Enforcement OrderNiolation 50 Peterson Road(Xiong) • The Administrator states on or around May 7th staff was informed of potential violations within the BVW. Violations consisted of cutting of invasives, importing of wood chips and planting of non-native fruit trees. A site visit was conducted, and a violation letter was issued to cease any further work on site. The property was originally constructed as part of Nadine Lane subdivision(242-724). The Order for the subdivision relaxed the NDZ(15-foot)and the NBZ(25-foot). The stone wall depicted in the photos is the original stone wall required in the Order. The plantings and wood chips depicted in the photos are located on the homeowners property.The wetland is completely invaded by Phragmites. The homeowners have been fully responsive and cooperative to date. • Mr.Mahon questions if there are any acceptable methods to stop the advance of the Phragmites. • The Field Inspector states the only successful method he is aware of is selective stem treatment with wetland approved herbicide. He believes that given the infestation it would be impossible to stop the advance. • The Administrator states it is possible to install a root barrier to protect the homeowners lawn. • Henry Xiong&Yanping Wu,the homeowners, state there is a second stone wall located behind the one depicted in the photos. • Mr. Hale states he is not confident the work done is within 15-ft of the wetland boundary. If this area is wetland,the wood chips should be removed as this could be considered wetland fill. • The Field Inspector believes the wetland has crept up closer to the stone wall. • The Commission discusses the wall and agrees it was intended as a barrier; no activities are to occur on the wetland side of the stone wall. They direct the homeowner to remove the trees from the wetland side of the stone wall,remove the wood chips, dispose of them off property, and install pressure treated posts with wetland markers behind the wall.All work must be completed by July 13,2022. • A motion to issue an Enforcement Order as discussed is made by Mr.McDonough, seconded by Mr. Manzi. • Vote 6-0,Unanimous. Documents 20220516 145606, 20220516 145659, Nadine Subdivision As-Built Plan (50 Peterson is Lot#5), Nadine Subdivision OOC, Peterson Rd 50 (Lot#5 Nadine Subdivision), Peterson Rd 50 REVISED Violation Letter 05-16-22 Enforcement OrderNiolatiion 35 Peterson Road(Sun) • The Administrator states on or around May 7th staff was informed of potential violations within the BVW. Violations consisted of cutting and removal of native vegetation,import of wood chips and planting of non-native vegetation.A site visit was conducted, and a violation letter was issued with further directives. The property was constructed through the subdivision permit process(242-700)and received a 15-foot NDZ and a 30-foot NBZ, as well as a 2-ft high stone wall at the NDZ; sections of the stone wall are no longer in place.During the subdivision permitting this property received some of the wetland replication that was required in the Order(242-748). The wetland replication is depicted on the plan which surrounds three quarters of the rear and side of the house. The homeowner has been fully responsive and cooperative to date. • Liping Sun,the homeowner,confirms she removed part of the stone wall. • Mr. Hale believes that professional services may be required. He is not opposed to the restoration being done administratively as long as staff is confident,they can identify the wetland boundary. • The Commission discusses the violation and agrees all invasives,non-native plants and wood chips must be removed,and the stone wall re-established by November 1,2022. A restoration plan is to be prepared with the help of staff and submitted by February 1,2023 for review by the NACC. Restoration plantings must be completed no later than May 1,2023. Conservation staff is to be notified if any heavy or light equipment will be used for wood chip removal. • A motion to issue an Enforcement Order as discussed is made by Mr.Mahon, seconded by Mr. McDonough. 2022-05-25 Conservation Commission Minutes Page 6 of 7 Approved 0612212022 • Vote 6-0, Unanimous. Documents 35 Peterson 05-20-22 Pics, 35 Peterson Rd Violation Follow Up Email #1, Liping EMail- 35 Peterson Rd Violation Follow Up bulletpoints, Peterson Rd 35 (Lot 17)As-Built w Measurements to Wall, Violation Letter Cover Letter-Peterson Rd 35 Notice of Intent(NOI) 242-1845,240 Abbott Street(Schwirz) • The Commission agrees the application is incomplete and no action will be taken. They direct the Applicant to obtain the required signatures,resubmit the application,re notice abutters and the public legal notice. • Karl Schwirz, the Applicant is present remotely. Documents 240 Abbott Mailings, 240 Abbott NOI SP(1), 240 Abbott NOI, 240 Abbott Notice Enforcement Order/Violation 40 Flagship Drive(DWT Holdings,LLC) • The Administrator states fines continue to accrue a NOI has yet to be submitted. • A motion to continue to June 8,2022,is made by Mr. Lynch, seconded by Mr.Manzi. • Vote 6-0,Unanimous. Documents 01-12-2022 Meeting Materials, 01-26-2022 Meeting Materials, 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, 12-08-2021 Meeting Materials Enforcement Order/Violation 450 Marbleridge Road(Hung) • The Administrator states on or around May 3rd staff was informed of unauthorized fill in the 25-foot NDZ leading up to the BVW and possibly creeping into the BVW in some areas. The fill has buried the bases of mature trees in a couple of areas. A site visit was conducted, and the homeowner was instructed to cease all work. Erosion controls have been installed at the edge of the fill as required. The Administrator provides background on DEP#242-685 issued in 1994 which allowed reductions of the NDZ and NBZ. • Tran Hung,the homeowner present remotely states the fill was placed for safety reasons due to the steep slope. • The Commission discusses the violation and agrees all the fill must be removed and disposed of at an off-site facility no later than June 22,2022.A wetland consultant must be engaged,and a delineation completed no later than July 6,2022.A restoration plan must be submitted no later than July 20,2022 for review by the NACC. • A motion to issue an Enforcement Order as discussed is made by Mr.McDonough, seconded by Mr. Manzi. • Vote 6-0, Unanimous. Documents 20220518 150808, 20220518_150819,As-Built Plan 450 Marbleridge, Violation Letter-Marbleridge Rd 450, 05-12-2022 General/Old/New Business Field Assessment Services Proposal Foster Street Oil Spill—Seekamp Environmental Consulting,Inc. • Mr.Manzi states he has requested a proposal from Seekamp Environmental on behalf of the NACC. He feels it is important to have a consultant conduct a wildlife assessment on behalf of the NACC. He reads the proposal letter from Seekamp Environmental Consulting dated May 12,2022. If approved, funding for the wildlife assessment will come from the wetland filing fee account.Mike Sabulis, GEI Consultants was satisfied with the scope of work, and it was his opinion this would not interfere with the work he does as an LSP. • 9:33p.m. Mr. Napoli leaves the meeting. • 9:39p.m. Mr. Napoli rejoins the meeting. • The Administrator states there is a discrete area where impacts can be seen. 2022-05-25 Conservation Commission Minutes Page 7 of 7 Approved 0612212022 • Mr.Hale requests the area be defined in the scope of services and requests a non-disturbed reference area be used. The reference areas and impact areas should be shown on a figure along with the observations at each location. • Mr.Manzi states areas that were supposed to naturally attenuate have died off. • 9:43p.m. Mr.McDonough leaves the meeting. • 9:46p.m. Mr.McDonough rejoins the meeting. • The Commission reviews the proposal and agrees they are in favor of moving forward with the proposal. • A motion to authorize the Chairman to allow the Commission to enter a professional service agreement with Seekamp Environmental Consulting as outlined in the May 12,2022 proposal,not exceed more than$3,000 without prior approval is made by Mr. Lynch, seconded by Mr.Mabon. • Vote 6-0,Unanimous. Adjournment • A motion to adjourn at 9:51 p.m. is made by Mr. McDonough, seconded by Mr.Manzi. • Vote 6-0,Unanimous. 2022-05-25 Conservation Commission Minutes