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Home My WebLink About2022-09-28 Conservation Commission Minutes Page 1 of 4 Approved 0111112023 North Andover Conservation Commission Meeting Minutes September 28,2022 Members Present: Ryan D. Hale, Sean F. McDonough,Louis A.Napoli, Chairman,Albert P. Manzi,Jr.,Vice Chairman,Anthony Capachietti and Joseph W. Lynch Members Absent: John T. Mabon Staff Members Present: Amy Maxner, Conservation Administrator Meeting came to Order at: 7:01 p.m. Quorum Present. Pledge of Allegiance Acceptance of Minutes • The minutes for July 27,2022 have not been reviewed. Notice of Intent(NOI) 242-1851,26 Long Pasture Road(Bhatnaga) • The Administrator states a continuance has been requested. • A motion to continue to October 12, 2022,is made by Mr. Manzi, seconded by Mr. Lynch. • Vote 5-0,Unanimous. Documents Email from#arr a))hancockassociates.com requesting a continuance until 10/12122 Notice of Intent(NOI) 242-1854, 100 Raleigh Tavern Lane (Wondowloski) • The Administrator states the yard waste has been removed as requested. An expounded alternatives analysis for the dry well located within the 25-foot NDZ has been provided as required. • Ben Osgood,Ranger Engineering provides details on the proposed drywell. • 7:05p.m. Mr. McDonough enters the room. • The Commission discusses the alternative analysis. • No abutters are present. • A motion to grant a waiver having received a satisfactory alternatives analysis is made by Mr. Lynch, seconded by Mr. Hale. • Vote 5-1 (In Favor: Hale,Napoli, Manzi, Capachietti,Lynch,Abstained: McDonough). • A motion to close and issue in 21 days is made by Mr. Manzi, seconded by Mr. Lynch. • Vote 6-0,Unanimous. Documents 09-14-2022 Meeting Materials, 2022-09-22 REVISED PLAN 100 RALEIGH TAVERNLANE, 2022-09-23 Conservation Commission Cover Letter Notice of Intent(NOI) 242-1852, 7 Fuller Meadow Road (Zahoruiko) • Mr. Manzi states he is an abutter to the project and recuses from the discussion. • The Administrator provides background on the proposal heard at the previous meeting. An updated plan was submitted addressing the Commission's request for increased mitigation for the deck and stairs within the 50- foot NBZ. • Greg Hochmuth, Williams & Sparages is present. • Mr. Manzi states as an abutter to the project he has no objections to the proposal. • A motion to grant a waiver having received a 10:1 Buffer Zone enhancement restoration is made by Mr. Lynch, seconded by Mr. Capachietti. • Vote 4-1-1 (In Favor: Hale,Napoli, Capachietti,Lynch, Opposed: McDonough, Recused: Manzi). 2022-09-28 Conservation Commission Minutes Page 2 of 4 Approved 0111112023 • A motion to close and issue in 21 days is made by Mr. Lynch, seconded by Mr. Capachietti. • Vote 5-1 (In Favor: McDonough, Napoli,Mabon,Lynch,Recused: Manzi). Documents 09-14-2022 Meeting Materials, 7 Fuller Meadow Road-Revised NOI Plan, 7 Fuller Meadow Road-Revised NOI Notice of Intent(NOI) 242-1853,40 Candlestick Road (blathers) • The Administrator states a colored coded plan was provided as requested. The only work within the 25-foot NDZ is restoration work and removing a small portion of the planting/retaining wall. • Julie Vondrak,wetland consultant for the Applicant states one shed will be completely removed and the other will be relocated outside of the 50-foot NBZ and will comply with zoning due to its size. • Rich Mathers,the Applicant is present. • The Commission discusses the proposal and agrees a waiver request is not required for the restoration. • No abutters are present. • A motion to close and issue in 21 days is made by Mr. Manzi, seconded by Mr. McDonough. • Vote 6-0,Unanimous. Documents 09-14-2022 Meeting Materials, Pic of Colored Plan Request for Determination of Applicability Andover Street,Map 59.0 Lot 33 (across from 113 Andover Street) (TTOR) • The Administrator states the project involves filling a 30'x30'foundation/cellar hole. The hole is currently a home for several invasive species. They propose to fill the hole with a layer of gravel,rip rap,loam and seed the top. Based on staff measurements the work is approximately 30-feet from the BVW. Construction access is depicted on the plan. There is a non-native cherry tree which may be impacted by the work. • Mr. Manzi questions if they plan to remove the cherry tree. • Jeremy Dick, Trustees of Reservations states they are not proposing to remove the cherry tree. • Lindsay Davies, Trustees of Reservations is present. • Mr.Napoli questions if the Historical Commission has any concerns with the proposal. • Mr. Dick states the foundation is subgrade,not a structure. • The Administrator recommends issuing a Negative Determination#3 with conditions requiring the pre and post construction meetings, invasive materials to be disposed of properly and soil inspected to avoid introducing the Asiatic Jumping Worm. • Mr. Lynch states the Commission decision pertains only to wetland aspects,not historical. • A motion to close the hearing and issue Negative Determination#3 with conditions as recommended is made by Mr. Capachietti, seconded by Mr. Manzi. • Vote 6-0,Unanimous. Documents 20220926 144748 (1), 20220926_144818 (1), 20220926 144833 (1), 20220926 145047(1), 20220926 150021 (1), cellar hole restoration trustees, GIS Aerial Cellar Hole Restoration Enforcement OrderNiolation 242-1853,40 Candlestick Road(blathers) • The Administrator states the EO has been satisfied and recommends the EO be lifted. • A motion to lift the Enforcement Order is made by Mr. Lynch, seconded by Mr. McDonough. • Vote 6-0,Unanimous. Documents 04-27-2022 Meeting Materials, 07-27-2022 Meeting Materials, 2001, 2002 Aerial 40 Candlestick 2022-09-28 Conservation Commission Minutes Page 3 of 4 Approved 0111112023 Enforcement Order/Violation 450 Marbleridge Road(Hung) • The Administrator states the homeowner and consultant were unable to attend the meeting. She reviews the planting plan and narrative provided for consideration by the Commission. Staff recommends incorporating at least one additional plant species. All plants shall be obtained from a responsible source,invoice must be submitted to the Conservation Department prior to installation. Soil amendments and plants shall be inspected for the Asiatic Jumping Worm. Plantings shall occur no later than May 30, 2023.Annual monitoring and reporting for 2 full growing seasons are required. 75% overall plant survivorship must be achieved • The Commission discusses the Asiatic Jumping Worm. • A motion to amend the Enforcement Order as recommended is made by Mr. Lynch, seconded by Mr. Manzi. • Vote 6-0,Unanimous. Documents 05-25-2022 Meeting Materials, 06-22-2022 Meeting Materials, 07-13-2022 Meeting Materials, 450 Marbleridge Road Amended EO 0713 22 Rev, Norse Restoration Plan 9-28-22, Planting Plan 9-28-22 Enforcement Order/Violation 49 Court Street(Petrosino/Fiorante) • Sergio Bonilla,Mission Wetland& Ecological Services provides an update on the stability of the site since the last meeting.Photos of the site have been provided. He presents the colored coded conceptual plan which includes a patio in the front yard,retaining wall (4-feet), shed,rear paver patio, driveway extension and privacy fencing. Grading will be implemented so water will shed towards the other side of the abutting property owners. • Leah Petrosino the homeowner and her partner James Fiorante are present. The area where the privacy fence is proposed was not disturbed. The conceptual retaining wall with fencing is in the exact location as the previous chain link fence. • Mr. Capachietti suggests the homeowner consider installing a dry stone/gravity wall and suggests a depression/rain garden at the end of the flow of water. • Mr. McDonough states an alternatives analysis will be required for a retaining wall within the 50-foot NBZ. • The Commission discusses the conceptual plan. The plan to accompany an NOI must be engineered and contain elevations. Feedback on how to keep the retaining wall under 4-feet is provided. The shed must be outside of the 50-foot NBZ and meet zoning setbacks. They agree the cease and desist will remain in place until an NOI is filed. Overseeding with winter rye seed mix will be allowed. Continued monitoring must be done by a wetland consultant after storm events. • Mr. Fiorante requests to install a fence to contain their dog. • The Commission agrees to allow an interim snow fence located outside of the 25-foot NDZ. • John Weaver, 37 Court Street states they have no concerns at this time. • A motion to amend the Enforcement Order as discussed is made by Mr. Capachietti, seconded by Mr. Lynch. • Vote 6-0,Unanimous. Documents 07-13-2022 Meeting Materials, 08-10-2022 Meeting Materials, 9-22-22 Pic], 9-22-22 Pic2, 9-22-22 Pic3, 22-025 Petrosino 49 Court Street North Andover MA Status Report 20220817, 22-025 Petrosino 49 Court Street North Andover MA Status Report 20220908, 20220831_135627, 20220831_135633, 20220831 135649, 20220831 135720, 20220831 135733, 20220831_135755, 20220831_135806, Color Sketch Proposal over exist. cond.plan, Second Amended EO-49 Court Street 8-10-22 General/New/Old Business 2022 Hunting Dates (October 3rd-November 26th) • The Administrator reviews the bow-hunting dates with the Commission. • The Commission discusses bow-hunting at Half Mile Hill,hunting on this parcel is limited and permits are required. Hunting is allowed at Mazurenko Farm under state regulations,no permitting required. Hunters are 2022-09-28 Conservation Commission Minutes Page 4 of 4 Approved 0111112023 allowed to be fully camouflage during archery season. During firearm season hunters are required to wear 500-square inches of orange plus a hat. • Mr. Capachietti suggests supplying staff with high visibility vests to wear in the woods during hunting season. • A motion to appropriate$100.00 to purchase high visibility outer garments for staff for use in the field is made by Mr. Manzi, seconded by Mr. Hale. • Vote 6-0, Unanimous. • A motion to accept the hunting dates is made by Mr. Lynch, seconded by Mr. Capachietti. • Vote 6-0 Unanimous. Ousler Field Mowing-Discussion • The Administrator reviews a request from an abutter seeking permission to continue mowing. • Mr. Lynch confirms the abutter is seeking permission to keep the woody vegetation down creating an enhanced meadow habitat. • The Commission considers the requests and discusses what kind of equipment(rotary cutter)will be allowed. They agree a license agreement and an insurance binder are required for once a year fall seasonal mowing. • The Administrator will convey these proposed requirements to the abutter for their information and consideration. Approval of 2023 Conservation Calendar • The Commission reviews the draft calendar with the Administrator. • A motion to approve the calendar for 2023 is made by Mr. McDonough, seconded by Mr. Manzi. • Vote 6-0,Unanimous. The Administrator states that the annual Lake Clean Up Day is Saturday, October I st from 9:30am to 11:00am. Decision 242-1852, 7 Fuller Meadow Road (Zahoruiko) • Mr. Manzi states he is an abutter to the project and recuses from the discussion. • The Administrator reviews the drafted Order of Conditions. • Condition#47 requires plantings to be installed no later than May 30, 2023. The bond will be set in the amount of$2,000. • A motion to adopt the Order of Conditions as drafted is made by Mr. McDonough, seconded by Mr. Hale. • Vote 5-1 (In Favor: Hale,McDonough,Napoli, Capachietti, Lynch,Recused.• Manzi). Decision 242-1854, 100 Raleigh Tavern Lane(Wondowloski) • The Administrator reviews the drafted Order of Conditions. • The Commission agrees that an equivalent mulch sock will be accepted in place of an 8-inch mulch sock with trenched silt fence. • A motion to adopt the Order of Conditions as drafted and amended is made by Mr. McDonough, seconded by Mr. Hale. • Vote 6-0,Unanimous. Adjournment • A motion to adjourn at 8:19 p.m. is made by Mr. McDonough, seconded by Mr. Lynch. • Vote 6-0,Unanimous. 2022-09-28 Conservation Commission Minutes