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Home My WebLink About2023-04-12 Conservation Commission Minutes Page 1 of 4 Approved 0611412023 North Andover Conservation Commission Meeting Minutes April 12,2023 Members Present: Joseph W. Lynch, John T. Mabon,Louis A.Napoli, Chairman and Albert P. Manzi, Jr.,Vice Chairman Members Absent: Sean F. McDonough, Anthony Capachietti and Ryan D. Hale 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 March 22,2023 have not been reviewed. Certificate of Compliance 242-273, Corrected Partial COC, 15 North Cross Road(Carroll/Tarapata) • The Administrator states the Order issued in August 1985 governed the construction of an 8-lot subdivision roadway and development of house lots. After the subdivision was approved, Lot 5 and 6 exchanged slivers of land through an ANR and were re-named Lot 6 to 6A and Lot 5 to 5A (15 North Cross Road). In 2014 Lot 5 received a PCOC releasing the property from the Order however it was not properly referenced by its new alphanumeric ID of 5A. The current owners are requesting a corrected PCOC be issued referencing the alphanumeric ID of 5A. • A motion to issue a corrected Partial Certificate of Compliance for Lot 5A is made by Mr. Manzi, seconded by Mr. Lynch. • Vote 4-0,Unanimous. Documents ANR Plan-Lots SA and 6A North Cross, Pkg to Conservation Small Project NACC#93-Renewal, 660 Great Pond Road(Giving Garden at Rolling Ridge) • The Administrator states the applicant is seeking a Small Project renewal for the Giving Garden at Rolling Ridge. A site visit with Fran Fink was conducted, the site is stable and no new requests have been made. The annual report regarding farming activities was received. A non jurisdictional greenhouse was installed last year. The Giving Garden continues to use no-till gardening to maintain the soil microbial community. Organic blood meal is used as fertilizer and straw/composted leaf litter is used as a mulch. Weeds are controlled by mowing,hand pulling and mulching with straw. She recommends renewing the Small Project Permits with conditions as follows: submit an annual report, notify the holders of the CR of the renewal of the organic farm permit, and only organic weed and pest control shall be used onsite. • Fran Fink, Giving Garden is present. • The Commission discusses the renewal request,with Mr. Lynch stating that the Commission requires yearly updates on operations and regular inspections by staff. • A motion to renew the Small Project for 1-year is made by Mr. Manzi, seconded by Mr. Lynch. • Vote 4-0,Unanimous. Documents Giving Garden Aerial Sept. 2022, Soil Conservation Rpt March 2023 Notice of Intent(NOI) 242-1859, 0 Turnpike Street(Middleton Farms,LLC) • The Administrator states the Applicant has requested a continuance. • A motion to continue to April 26, 2023, is made by Mr. Manzi, seconded by Mr. Mabon. 2023-04-12 Conservation Commission Minutes Page 2 of 4 Approved 0611412023 • Vote 4-0,Unanimous. Documents Email from takerle�Ca)wv(ngineers.eom requesting a continuance until 4126123 Notice of Intent(NOI) 242-1865, 1845 Turnpike Street(He) • Stephen Stapinski, Merrimack Engineering states a revised plan eliminating access on the east side of the house was submitted. A 15-ft corridor is proposed on the west side of the house. Per the contractor the corridor is adequate to provide equipment(mini excavator/bobcat) access for the construction of the addition. He explains the construction sequence of the addition and deck. Concrete will be pumped via a hose to the new addition for the foundation. The foundation walls are proposed to be constructed from block with a poured concrete slab. No change in grading is proposed, a soil stockpile is depicted on the plan. A formal waiver request was submitted for temporary access of the 25-foot NDZ; after construction the area will be restored to its original condition. • The homeowners are present. • The Administrator states the existing shed located within the 25-foot NDZ will be relocated once the infiltration chamber has been completed. • Mr. Lynch states a COC will not be considered until the shed has been moved. He confirms the construction sequence will be as follows; existing deck will be removed, addition will be built and backfilled, shed relocated and the new deck built and enclosed. • Mr. Stapinski states the infiltration system will be installed after the foundation is complete and then the shed will be moved to its new location off to the side of the proposed addition. • The Administrator reminds the homeowners that the NACC expects to see the project carried out per the proposed plan of work sequence. The Order will require an interim foundation as-built plan prior to the start of stick work to ensure setbacks have been met. • No abutters are present. • A motion to grant the waiver of 25-foot NDZ for construction access, a temporary disturbance, is made by Mr. Manzi, seconded by Mr. Mabon. • Vote 4-0,Unanimous. • A motion to close and issue in 21 days is made by Mr. Manzi, seconded by Mr. Mabon. • Vote 4-0,Unanimous. Documents 03-22-2023 Meeting Materials, 03-31-23 Rev Site Plan 1845 Turnpike, 1845 Turnpike Street V2- Construction Narrative and Exhibit Plan, 1845 Turnpike Street, 13075SP01, 20230313_131749, 20230313 131757, 20230313 131803, 20230313 131821, 20230313_131825, 20230313_131910, 20230313_131936, 20230313_131952, 20230313_132102, Email Follow Up-S. Stapinski, Q. He, Waiver Request,for Access to work areas 1845 Turnpike Notice of Intent(NOI) 242-1864,42 Jay Road(Mitchell) • Bill Dufresne,Merrimack Engineering states the septic tank will be above the water table at a seasonal high point. Two (2)test pits were conducted placing the tank 1.3-ft above seasonal high-water table. Per test pit data the leach field will be 1-ft into the seasonal high-water table. He does not anticipate they will encounter water as the water table has receded based on current conditions. He explains the construction techniques that will be taken if water is encountered during excavation of the leach field. The Applicant is anxious for work to commence as the system is being pumped on a regular basis. Excess fill is not required around the leach field. The current soil is unsuitable and will be trucked off site as it is removed from the ground. The hole will be filled with Title V approved septic sand with loam over the top of the system. The septic plan approved by the BOH dated January 10, 2023 and the Erosion Control Site plan dated March 8, 2023 have both been provided for review. He explains the differences between the plan sets. • Randy Mitchell,the Applicant is present. 2023-04-12 Conservation Commission Minutes Page 3 of 4 Approved 0611412023 • The Commission reviews the proposed plans and agrees both sets of plans will serve as record drawings. • The Administrator questions if the consultant will be onsite during the excavation in case groundwater is discovered in the leach field. • Mr. Dufresne states an excavation inspection will be conducted, if water is encountered typically the contractor will contact the engineer for further instructions. • No abutters are present. • A motion to close and issue in 21 days is made by Mr. Manzi, seconded by Mr. Lynch. • Vote 4-0,Unanimous. Documents 03-22-2023 Meeting Materials, 42 JAY RD._NOR TH AND OVER1, 42 JAY RD._NORTHANDOVER2, BOH Approval Letter -_42 Jay Road Mon Feb_13_2023_12-06-41, Dufresne Follow Up EMail-42 Jay Road Enforcement Order/Violation 242-628, 64 Meadowood Road(Mohammed/Eltigani) • The Administrator states the homeowner has requested a continuance. A plan has not been received. • A motion to continue to May 24, 2023, is made by Mr. Lynch, seconded by Mr. Manzi. • Vote 4-0,Unanimous. Documents Email eshaikho@hu.edu requesting a continuance until 5124123 Enforcement Order/Violation 85 & 115 Flagship Drive,400 Willow Street(Scollard, Trustee; Christo; Pedro respectively) • The Administrator states a meeting was held between Town Counsel,DEP (Jill Provencal), DEP's attorney and herself. It was determined that the responsible party in this case is the violator. An EO will be drafted and ready for review by the NACC at the next meeting. • Mr.Napoli states he would like to establish a schedule for fines. • Mr. Manzi requests the Administrator make contact with the court officer to create a professional working relationship. • The Administrator states she would like to establish a schedule for deadlines of the delivery of a restoration plan and execution of the restoration plan to restore the wetland. A cease and desist is in place and the site is stable. A decision was issued by the Planning Board and a bond is in place. • A motion to continue to the April 26,2023, is made by Mr. Manzi, seconded by Mr. Lynch. • Vote 4-0,Unanimous. Documents 03-08-2023 Meeting Materials Decision 242-1866, 104 Bonny Lane(Gaffny) • The Administrator reviews the drafted Order of Conditions. • Prior to the start of work the section of fence must be removed from the 25-foot NDZ and the area restored. Test pits in the pool area are required preconstruction to demonstrate the groundwater elevation, findings to be reported to the NACC. • A motion to adopt the Order of Conditions as drafted and amended is made by Mr. Manzi, seconded by Mr. Lynch. • Vote 4-0,Unanimous. Decision 242-1864,42 Jay Road (Mitchell) • The Administrator reviews the drafted Order of Conditions. • Both the Upgrade Plan of Subsurface Sewage Disposal System, dated January 10,2023 and the Site Plan, dated March 8, 2023 will serve as record drawings for the Order of Conditions. 2023-04-12 Conservation Commission Minutes Page 4 of 4 Approved 0611412023 • A motion to adopt the Order of Conditions as drafted and amended is made by Mr. Manzi, seconded by Mr. Lynch. • Vote 4-0,Unanimous. Decision 242-1865, 1845 Turnpike Street(He) • The Administrator reviews the drafted Order of Conditions. • An updated construction sequence will be required as discussed during the public hearing. BMP's must be onsite and a dewatering location shown on the plan prior to construction, location to be approved by the Administrator. The Performance Bond will be set in the amount of$4,000. A foundation as-built plan is required depicting the perimeter foundation(prior to final slab) and relocated shed. Erosion controls are required around the shed until the area is stable.No violations will be permitted on site should the project not take place. • A motion to adopt the Order of Conditions as drafted and amended is made by Mr. Manzi, seconded by Mr. Mabon. • Vote 4-0,Unanimous. Old/New Business 201 Sutton Street—Tree Cutting Violation Letter • The Administrator states tree cutting was brought to her attention by the Chair. A violation letter was issued and a meeting is scheduled on site next week. • The Commission discusses the violation and agrees no action will be taken at this time as the violation requires cease and desist from all work. • No action will be taken at this time. Documents 201 Sutton Street- Tree Cutting Violation 4-6-23 Adjournment • A motion to adjourn at 8:24 p.m. is made by Mr. Manzi, seconded by Mr. Mabon. • Vote 4-0,Unanimous. 2023-04-12 Conservation Commission Minutes