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Home My WebLink About2022-06-22 Conservation Commission Minutes Page I of 8 Approved 0712712022 North Andover Conservation Commission Meeting Minutes June 22,2022 Members Present: Ryan D. Hale,John T.Mabon,Louis A.Napoli, Chairman,Albert P.Manzi,Jr.,Vice Chairman and Joseph W. Lynch Members Absent: Sean F. McDonough and 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 Acceptance of Minutes • A motion to accept the minutes of May 25, 2022,is made by Mr.Mabon, seconded by Mr. Lynch. • Vote 5-0,Unanimous. Certificate of Compliance 242-1832,37 Scott Circle(Myers) • The Administrator provides background on the Order issued in January 2022. A site visit was conducted, and 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. Lynch. • Vote 5-0,Unanimous. Documents 37 Scott Circle Septic As-Built Plan 01 11 22, CDC Request Materials 06 09 22 Notice of Intent(NOI) 242-1787, 135 North Ramp Road (DeRosa) • The Administrator states a continuance is required due to lack of quorum. • A motion to continue to July 13,2022,is made by Mr.Mabon, seconded by Mr.Manzi. • Vote 5-0, Unanimous. Documents n/a Notice of Intent(NOI) 242-1837, 1260 Salem Street(Czerepak) • The Administrator states a continuance has been requested. • A motion to continue to July 13,2022,is made by Mr.Mabon, seconded by Mr. Lynch. • Vote 5-0,Unanimous. Documents Email from jacksull53(c,comcast.net requesting a continuance until 7113122 Small Project NACC#296,95 Old Cart Way(Murtha) (Administrative error should read AACC#295) • The Administrator states the project consists of the installation of two pergolas within an existing patio area. She describes the installation process,both pergolas will be outside of the 50-foot NBZ. • Mr. Lynch confirms that there are no outstanding Conservation Permits. • A motion to accept this as a Small Project"L"is made by Mr.Manzi, seconded by Mr. Mabon. • Vote 5-0,Unanimous. • A motion to approve the Small Project as proposed is made by Mr.Manzi, seconded by Mr. Mabon. • Vote 5-0,Unanimous. Documents 2022-06-22 Conservation Commission Minutes Page 2 of 8 Approved 0712712022 Small Project Application with Supporting Materials 06 09 22 Notice of Intent(NOI) 242-1848,463 Winter Street(Birch Lane,LLC) • The Administrator states a continuance is required,no DEP#has been assigned. • A motion to July 13, 2022,is made by Mr. Lynch, seconded by Mr.Mabon. • Vote 5-0, Unanimous. Documents 06-08-2022 Meeting Materials Notice of Intent(NOI) 242-1843, 1761 Salem Street(Viera) • The Administrator states an updated plan was received eliminating the rocks along the driveway. • No abutters are present. • A motion to close and issue in 21 days is made by Mr. Mabon, seconded by Mr. Lynch. • Vote 5-0,Unanimous. Documents 04-27-2022 Meeting Materials, 05-11-2022 Meeting Materials, 05-25-2022 Meeting Materials, 06-08-2022 Meeting Materials, 06-09-22 Plan Revision 1761 Salem Street R5,Town of North Andover Mail- 1761 Salem -Remove Rocks from plan Notice of Intent(NOI) 242-1845,240 Abbott Street(Schwirz) • The Administrator states all of the required signatures have been obtained. The proposal includes the construction of a sanitary sewer connection,replacing a failed septic system.A 100-LFT pressure line will be run to an existing 2-inch sewer force main,previously installed for 230 Abbott Street. A 1,000-gal monolithic pump tank is proposed between the 50-foot NBZ and 100-foot BZ. Due to the location of the force main work will occur between the 25-foot NDZ and 50-foot NBZ. • The Commission discusses the proposal and agrees a revised plan with elevations,tank dimensions/depth and dewatering detail must be provided. Additional information regarding plans for temporary sewage storage during construction is required. • Karl Schwirz,the Applicant and homeowner is present. • No abutters are present. • A motion to continue to July 13,2022,is made by Mr.Manzi, seconded by Mr. Lynch. • Vote 5-0,Unanimous. Documents 240 Abbott NOI SP(1), 240 Abbott NOI, 240 Abbott Street Abutter Notice Revised Notice of Intent(NOI) 242-1846,57 Hewitt Avenue(Ryan) • The Administrator states the proposal is for the demolition of the existing garage, side deck and stairs and construction of a larger attached garage with rear 3-season porch. The proposal also includes the demolition of the rear patio and walkway to allow for the construction of an inground plunge pool with associated paver patio,landscape wall, steps and landing. Rain barrels will be added to capture roof runoff. The work is within 100-foot BZ to an off-site BVW,the pool patio is 51.9-ft from the BVW at its closest point. The wetland line was reviewed and found to be accurate. Offsite yard waste observed during the site visit needs to be cleaned up and a new composting location selected. • Dennis Griecci,Andover Consultants,Inc. states the current 18-in landscaping wall will be replaced in bind. The proposed plunge pool is 9x 15-ft at 5-ft deep, coping will be 18-in above grade.A cartridge style system is proposed,no backwash required. • Robert Ryan, the Applicant and homeowner is present. 2022-06-22 Conservation Commission Minutes Page 3 of 8 Approved 0712712022 • The Commission discusses the proposal and agrees a dewatering detail must be provided prior to pre- construction and approved by the Administrator.No emptying of the pool will be permitted within the 100- foot BZ. • The Administrator confirms there is sufficient area in lawn for dewatering. • No abutters are present. • A motion to close and issue in 21 days is made by Mr. Manzi, seconded by Mr. Lynch. • Vote 5-0,Unanimous. Documents Hewitt_Abutter Notification Form, Hewitt_Application Checklist-Notice oflntent Rev 07 20 21, Hewitt mailings, Hewitt NOI Compiled, Site Plan 57 Hewitt 06-06-22 Request for Determination of Applicability 901 Johnson Street(Fiore) • The Administrator states the proposal includes removal of an existing deck and associated stairs and construction of a new smaller deck. The proposal brings the deck further from the wetland. Six (6) 12-inch diameter sonotubes are required. A site visit was performed, and an unpermitted structure surrounded by gravel was observed within the 25-foot NDZ. Based on aerial photos the structure was built sometime between now and 2020. Based on the 2007 septic plan the wetland has crept up in several areas. • Matthew Fiore,the Applicant and homeowner states there was a remnant wooden platform present when the house was purchased in 2015.He built the structure on top of that footprint in 2020 during quarantine. • The Administrator states that due to the tree canopy they were unable to see the platform in historic aerials. • The Commission discusses the violation and agrees to allow the structure to remain if a 2:1 buffer zone enhancement/naturalization area is provided. Plantings will be required; a planting list will be provided to the Applicant by staff. They agree the new proposed setbacks for the deck are approvable under an RDA. A DOA cannot be made until the violation has been resolved. • No abutters are present. • A motion to continue to July 13,2022,is made by Mr.Manzi, seconded by Mr. Lynch. • Vote 5-0,Unanimous. Documents Johnson Street 901-Site Photos, 901 Johnson Street-RDA Materials 05 26 22, Existing Deck(2),Existing Deck, Johnson St 901 Updated Plan w-measurements, Structure, Unpermitted Structure drawn on plan Request for Determination of Applicability 148 Main Street(Sutton Pond Condominium) • The Administrator states the project includes removal of asiatic bittersweet from an arborvitae hedge separating Sutton Pond Condos and Avalon Bay. The vines will be cut, and roundup will be applied to the bases. They are also proposing root collar excavation on several trees located within the 25-foot NDZ to Osgood Pond. This process helps to expose the tree's root flare and allows the arborist to cut girdling roots to help prolong the tree's lifespan. Additionally,the Applicant is proposing to perform excavation irrigation installation and sleeving as well as a full reclamation and repaving of the existing front parking lot area. • Joyce Marceau, Sutton Pond Trustee states the proposal is for a full depth reconstruction of the parking lot. She believes that the drainage structures are intact and do not require rebuilding. • The Commission discusses the proposal and agrees the landscaping proposed is approvable under an RDA, the parking lot reclamation and irrigation require an NOL An engineered plan will be required for the reclamation, specific stormwater management standards are required to be met.All pavement needs to be taken into consideration for stormwater compliance. They direct the Applicant to consult with their engineer. • The Administrator recommends the Applicant revise the RDA proposal to include landscaping only(root collar excavation and bittersweet removal). • No abutters are present. • A motion to continue to July 13,2022,is made by Mr.Mabon, seconded by Mr. Lynch. • Vote 5-0,Unanimous. 2022-06-22 Conservation Commission Minutes Page 4 of 8 Approved 0712712022 Documents Abutter List 05 26 22,Main Street 148-Bittersweet Removal,Main Street 148-Irrigation Overview, Main Street 148-Root Collar Excavation, Sutton Pond-RDA-3022, Sutton pond locus, Sutton pond notice to abutter, Sutton pond-filing fee worksheet, Sutton Pond-RDA checklist, Updated Sutton Pond Condos Irrigation Plan- 06-14-22 Request for Determination of Applicability 89 Mayflower Drive(Farber/Lapyda) • The Administrator states the project includes the expansion of an existing patio with a small associated retaining wall. The patio will be expanded in the direction of the existing deck. The proposed patio will have a new associated walkway to connect the deck stairs to the new patio. Based on staff measurements the new patio will be approximately 60-ft and the walkway 54-ft from the BVW at its closest point. All excess soils will be taken off site, construction access will be on the side of the house farthest from the Resource Area. • Mr. Lynch questions if the Applicant is experiencing any water issues. He recommends a drip edge be added to the perimeter of the patio. • Elisa Farber,the Applicant and homeowner confirms they are not currently experiencing any water issues. • The Administrator recommends issuing a Negative Determination#3 with conditions requiring pre and post construction meetings, erosion control installation, construction materials be kept in the driveway, excess soils to be taken off site and a crushed stone drip edge to be added to the perimeter of the patio. • No abutters are present. • A motion to issue Negative Determination#3 with conditions as recoimnended is made by Mr.Mabon, seconded by Mr.Lynch. • Vote 5-0,Unanimous. Documents Existing Patio 2, Existing Patio, RDA Application with Supporting Materials 06 08 22 Request for Determination of Applicability 733 Turnpike Street(Turnpike Flagship LLC) • The Administrator states the project is for the removal of the center concrete curb,the existing canopy has been removed. The curb will be jackhammered out,concrete removed, and the area filled in and paved over. Based on staff measurements the work will be 68-ft from the wetland and approximately 150-ft from Mosquito Brook at its closest point.The catch basin between the center concrete curb and the parking lot edge will need to be protected during work. • Doug Locke,Turnpike Flagship LLC is present. • The Administrator recommends issuing a Negative Determination#2 and#3 with conditions requiring pre and post construction meetings and catch basin protection. • A motion to issue Negative Determination#3 with conditions as recoimnended is made by Mr.Manzi, seconded by Mr.Mabon. • Vote 5-0, Unanimous. Documents Aerial with Wetland Measurement, Plan - 733 Turnpike Street Rev 09 29 05, RDA Application with Supporting Materials 06 08 22 Modification 242-1716, 146 Main Street(GSD Associates,LLC) • The Administrator provides background information on the Order set to expire in November 2023. The Modification request is due to comments received from the Office of Dam Safety. Changes include shifting the pump chamber 10-ft away from the toe of the slope,removal and disposal of the existing manhole and fittings and plug the existing 4-in Cl around new line inside existing 4-in CI sleeve,install exterior control panel&audio/visual alarm as well as optional temporary excavation to install new force main at the roadway. 2022-06-22 Conservation Commission Minutes Page 5 of S Approved 0712712022 • Greg Smith,the Applicant is present. • A motion to approve the Modification as proposed is made by Mr.Mabon, seconded by Mr.Manzi. • Vote 5-0,Unanimous. Documents 146 Main St-Modification Request 6-22, DAM Safety Approved Site Plans, old Stamped Smith Force Main Repair NOI Plans 07-11-17- Copy, Request for Modification checklist Enforcement Order/Violation Foster Street-Heating Oil Spill • The Administrator states they are waiting for the opinion report from Clean Harbors and Wood Environmental. The Town's LSP recommends the NACC hold a special meeting to review the report once it is received. He believes the report will be dense with information requiring more time than a regular meeting will allow.Absorbents are changed out as necessary and observation reports provided. They are also waiting on a report from the NACC's ecologist,Patrick Seekamp. • The Commission agrees they will consider holding a special meeting once the materials are received. • A motion to continue to July 13,2022, is made by Mr.Manzi, seconded by Mr.Mabon. • Vote 5-0,Unanimous. Documents 02-09-2022 Meeting Materials, 02-23-2022 Meeting Materials, 03-09-2022 Meeting Materials, 03-23-2022 Meeting Materials, 04-27-2022 Meeting Materials, 05-11-2022 Meeting Materials, 22el 063 final report- rev] Enforcement Order/Violation 450 Marbleridge Road(Hung) • The Administrator provides background on the EO heard at a previous meeting. The homeowner has been in contact with staff,he has been having difficulty lining up a contractor in time for the June 22nd deadline. The homeowner was unable to attend tonight's meeting, and written progress has been provided. The contractor is set to begin the removal of the fill on Friday,June 24th. • The Commission discusses the EO and agrees to extend the fill removal deadline to July 13th, additional deadlines remain. • A motion to amend Enforcement Order as discussed is made by Mr. Lynch, seconded by Mr.Mabon • Vote 5-0,Unanimous. • A motion to continue to July 13,2022,is made by Mr.Manzi, seconded by Mr. Lynch. • Vote 5-0,Unanimous. Documents 05-25-2022 Meeting Materials,450 Marbleridge Rd. EO 05-25-22, H. Tran Email to Con Com 450 Marbleridge Rd North Andover, MA 01845 United States Enforcement Order/Violation 40 Flagship Drive(DWT Holdings,LLC) • The Administrator states the site is stable,no work is being conducted. A NOI has yet to be received and the fines continue to accrue. • A motion to continue to July 13,2022,is made by Mr.Manzi, seconded by Mr. Lynch. • Vote 5-0,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 366 Candlestick Road(Templeton) 2022-06-22 Conservation Commission Minutes Page 6 of 8 Approved 0712712022 • The Administrator states the violation consists of tree and vegetation clearing within the 25-foot NDZ and 50- foot NBZ to BVW. Large Oak and Pine trees were removed as well as some root balls. The violation also included the installation of a sump pump within the BVW to the south of the house and a fountain in a potential vernal pool to the northwest of the house.A follow up visit was performed, and both the sump pump and fountain have been removed. Dumping of grass clippings and other yard debris was observed in the BVW along the shared driveway. • Keith& Somashree Templeton,the homeowners are present. The fountain was placed in the vernal pool in May and removed at the request of Conservation Staff. They are in the process of trying to clear up trash/garbage on the hill. • The Commission discusses the violation and agrees the services of a wetland consultant must be secured to delineate the wetland and prepare a draft restoration plan(including trash cleanup)to be presented at the July l3th meeting. The potential vernal pool is to be evaluated in the spring 2023 to confirm whether or not it is in fact a vernal pool.Additional directives/deadlines will be provided at the July 13th meeting. • The Administrator states there was no physical alteration to the BZ around the vernal pool. • A motion to ratify the Enforcement Order is made by Mr.Mabon, seconded by Mr. Lynch. • Vote 5-0,Unanimous. Documents Candlestick Rd 366 Complete EO 06-10-22, Fountain Removed 06-16-22, Sump Pump Removed 06-16-22, Vernal Pool Fountain Removed 06-16-22 Notice of Intent(NOI) 242-1847,161 Campbell Road(McCarthy) • The Administrator states the project is for the construction of an addition off the right side of the house, including a proposed paver patio and walkway at the rear of the house within the 100-foot BZ to BVW. There are two BVW series,series"A"is located behind the house and series `B"is across the street. There is a potential vernal pool identified within the wetland(series`B") across the street. The project respects the 50- foot NBZ,the new walkway will be 55-ft and the addition 75-ft from the series"A"wetland at the back of the house. The site abuts NHESP habitat but is not located within NHESP. The wetland line was reviewed,and the Administrator requested that WF A5 and A7 be connected. • Bill McCarthy,the Applicant and homeowner is present. • Greg Hochmuth,Williams and Sparages states a revised plan with a dewatering detail and flag changes will be submitted. A LOMA was conducted in 2012 which pulled the structure out of the 100-year floodplain (BLSF). A separate LOMA and flood study was performed by a neighbor several years ago, based on this information the proposal will be 6-ft above the flood elevation (113.5,NAVD 88).Another site visit will be performed using GPS to confirm the flood boundary. The Applicant is proposing some additional perimeter tree maintenance which will be shown on the revised plan.A triple tree trunk is proposed to be removed, if possible,they will only remove one trunk. A temporary stockpile is shown on the plan and construction access will be across the front yard. • The Commission discusses the floodplain. • Mr.Napoli requests the construction access be shown on the plan. • Mr. Hale requests documentation of the trees proposed to remove for the file. • The Administrator states she has photos of the trees from a previous site visit. • No abutters are present. • A motion to continue to July 13,2022,is made by Mr.Mabon, seconded by Mr.Manzi. • Vote 5-0,Unanimous. Documents 161 Campbell Road-NOI Plan, 161 Campbell Road-Notice oflntent, Certified-Return Receipts Enforcement Order/Violation 1055 Salem Street(Rodriguez) 2022-06-22 Conservation Commission Minutes Page 7 of 8 Approved 0712712022 • The Administrator states the violation consists of cutting and removal of trees and vegetation,planting of non-native species, import of fill, and dumping of grass clippings and other yard waste within the 25-foot NDZ and BVW. A previous Order(DEP#242-1581)issued by the NACC required a stone wall at the 25-foot NDZ,a portion of which has been removed. Historic aerials from 2018 and 2019 are presented showing the evidence of disturbance. Based on observations the fill could be 2-ft deep in certain areas. • Jose Rodriguez,the homeowner, states when he bought the house the realtor told him the area behind the wall was part of his property. He agrees to restore the area as required by the NACC. • The Commission discusses the violation,agrees the cease, and desist will remain in place. The homeowner must secure the services of a wetland consultant to delineate the wetland and prepare a draft restoration plan to be presented at the July 13th meeting.A list of consultants will be provided. • A motion to ratify the Enforcement Order and amend it as discussed is made by Mr.Mabon, seconded by Mr. Manzi. • Vote 5-0,Unanimous. Documents EO Packet 1055 Salem St- 06-10-22, Salem St 10-19-18 Aerial, Salem St 1055 07-31-19 Aerial, I st sign of Disturbance General/New/Old Business Discussion: Ousler Trails-NA High School Cross Country Project • The Administrator states the NA High School is proposing to create a cross country trail at the Ousler property and Half Mile Hill by enhancing the existing trails by covering roots and removing rocks to prevent tripping hazards. Enhancement of existing trails does not require permitting from the NACC, and it is possible to position the new trails loops within the fields outside of the 50-foot NBZ. Boardwalks will be required to connect the lower corner of the parking lot to the new cross country trail at Ousler field. The boardwalks will be applied under a separate application by FONAT. • Bill Varney,NAHS Boys Varsity Cross Country Coach states the boardwalk is not essential to begin the season,they have plenty of access on the carriage road leading into Ousler Field. The lower section of the figure eight will need to be flagged on race days and removed after the race. • Mr.Mabon states he walked the proposed trail with the Administrator,Audubon,FONAT and the project members present tonight. He believes that the proposal will work for all parties involved.He believes the focus of tonight's meeting should be the new loop proposed at Ousler Field. They propose to rough grade the soil in the loop section to a flat surface to prevent tripping, as well as enhancement of the existing trails at Osgood Hill to make them safe for the NAHS athletes. CPC has approved funding to improve the proposed course. Trail (cross country and FONAT)approval was received from Essex County Greenbelt which holds the CR for the Ousler Property. • The Administrator expresses concerns with nesting Bobolinks on Half Mile Hill. • Steve Nugent,NAHS Athletic Director expresses concerns with the timeline for the course for this fall. • The Commission discusses Bobolinks and agrees that at this time the juvenile Bobolinks are moving on. They agree to allow mowing of the field portion of the course asap using a 7-ft wide rotary shredder. This will allow the NACC to make an assessment whether additional work will be required. Mowing shall occur under dry conditions,outside of the 50-foot NBZ. Modification 242-1808,Beechwood Drive(Beechwood Drive,LLC) • The Commission agrees the request is not heard due to the lack of attendance by the Applicant. • A motion to continue to July 13,2022,is made by Mr.Lynch, seconded by Mr.Mabon. • Vote 5-0,Unanimous. Documents 31968-00 Site Plans-SITE LAYOUT PLAN, 31968-00 SK4-5, Beechwood-Approved Plan Set, eoverlett CC clean 2022-06-22 Conservation Commission Minutes Page 8 of 8 Approved 0712712022 General/New/Old Business Half Mile Hill—Agricultural License Renewal • A signed copy of the Agricultural License and payment has not been received. Documents 06-08-2022 Meeting Materials Decision 242-1843, 1761 Salem Street(Viera) • 9:39p.m. Mr. Lynch leaves the meeting. • 9:40p.m. The Administrator leaves the meeting. • 9:41p.m. Mr. Lynch rejoins the meeting. • 9:42p.m. The Administrator rejoins the meeting. • The Administrator reviews the drafted Order of Conditions. • The Commission discusses the bond which will be set in the amount of$3,000. Condition#42 requires wetland markers to be placed at the edge of the 25-foot NDZ within NACC jurisdiction. The debris pile must be removed pre construction. • 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. Decision 242-1846,57 Hewitt Avenue(Ryan) • The Administrator reviews the drafted Order of Conditions. • The Commission discusses the bond which will be set in the amount of$2,000. An on-going Condition will be added to the Order regarding discharging of the pool. • A motion to adopt the Order of Conditions as drafted and amended is made by Mr.Manzi, seconded by Mr. Lynch. • Vote 5-0,Unanimous. Decision 242-1842,Lorraine Avenue(Kindred) • The Administrator reviews the drafted Order of Conditions. • The Commission discusses the bond which will be set in the amount of$2,500. Condition#50 will require evidence of maintenance of the system. • A motion to adopt the Order of Conditions as drafted is made by Mr.Manzi, seconded by Mr. Mahon. • Vote 5-0,Unanimous. Decision 242-1844,393 Salem Street(Duncan) • The Administrator reviews the drafted Order of Conditions. • The Commission discusses the bond which will be set in the amount of$2,000.An interim foundation as-built plan is required. • A motion to adopt the Order of Conditions as drafted and amended is made by Mr.Mahon, seconded by Mr. Manzi. • Vote 5-0, Unanimous. Adjournment • A motion to adjourn at 10:01 p.m. is made by Mr.Manzi, seconded by Mr. Lynch. • Vote 5-0,Unanimous. 2022-06-22 Conservation Commission Minutes