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Home My WebLink About2024-02-14 Conservation Commission Minutes Page 1 of 6 Approved 0311312024 North Andover Conservation Commission Meeting Minutes February 14,2024 Members Present: Marissa Valentino, Louis A.Napoli, Chairman, Albert P. Manzi, Jr., Vice Chairman, John T. Mabon,Joseph W. Lynch and Sean F. McDonough Members Absent: Bradley S. Mustain Staff Members Present: Amy Maxner, Conservation Administrator Meeting came to Order at: 7:00 p.m. Quorum Present. Pledge of Allegiance Acceptance of Minutes • The minutes for January 24, 2024 have not been reviewed. • A motion to accept the minutes of January 10, 2024 as drafted is made by Mr. Mabon, seconded by Mr. Manzi. • Vote 5-0,Unanimous. Certificate of Compliance 242-1753,247 Chickering Road(Enterprise Bank) • The Administrator states the Applicant has requested a continuance. • A motion to continue to March 13,2024,is made by Mr. Manzi, seconded by Mr. Mabon. • Vote 5-0,Unanimous. Documents Email from Luke.Bouchard(c.ebtc.eom requesting a continuance until 0311312024 Certificate of Compliance 242-1639,351 Willow Street(Muffin Realty Trust)&242-1794,335 Willow Street(Muffin 3X,LLC) • The Administrator states as requested at the last meeting all stormwater BMPs have been inspected and are in good shape; no maintenance is required at this time. Pre-dated inspection logs have been provided to the facilities manager. • Mr. Lynch questions why there was no access to CB6 &CB7 during the February 9, 2024 inspection. • Dan Powers, The Morin Cameron Group states at the time of the inspection vehicles were parked on top of these structures. Also, at the time of the inspection the first defense unit 2 was unable to be inspected due to snowbank coverage. Moving forward inspections will be incorporated into the routine maintenance. • Mr.Napoli requests the Applicant keep reports up to date moving forward. • A motion to issue a full and final Certificate of Compliance for 351 Willow Street and 335 Willow Street with on-going conditions as prescribed is made by Mr. Manzi, seconded by Mr. Mabon. • Vote 5-0,Unanimous. 351 Willow Street Documents 01-24-2024 Meeting Materials, 351 Willow Blank Pre-Dated Inspection Logs, 351-335 Willow Street BMP Inspection Reports 02-12-24, W Schkuta Entail-Bake&Joy O&M's with Logs 335 Willow Street Documents 01-24-2024 Meeting Materials, 335 Willow Blank Pre-Dated Inspection Logs, 351-335 Willow Street BMP Inspection Reports 02-12-24, W. Schkuta Entail-Bake&Joy O&M's with Logs Certificate of Compliance 242-1109, 110 Duncan Drive(O'Leary/Stevenson) • The Administrator provides background on the Order issued in December of 2001. DeRosa Environmental provided a report stating the restoration area is well established and protected by a row of boulders. The only 2024-02-14 Conservation Commission Minutes Page 2 of 6 Approved 0311312024 deviation is a walkway from the driveway to the front of the house, located outside of the 50-foot NBZ. The overall impervious coverage is 34-sf less than what was approved. • Dan Powers, The Morin Cameron Group is present. • Mr. Lynch confirms the restoration area has met the required growing seasons. • The Administrator states that the plantings have been in for a number of years. • A motion to issue a full and final Certificate of Compliance is made by Mr. Mabon, seconded by Mr. Manzi. • Vote 5-0,Unanimous. Documents I10 Duncan Approved Plan, As-Built Plan_I10 Duncan Drive, CoC Req Submittal_]10 Duncan Drive, DeRosa restoration area review- I10 Duncan Certificate of Compliance 242-1770,456 Summer Street(Carlstrom) • The Administrator provides background on the Order issued in November of 2019. The Order was modified twice, first for construction access and a second time for the construction of pavilion, shed,planter box and shifting the garage further from the wetland. The pool, shed and pavilion have been constructed but the garage and associated infiltration trench was not constructed. The disturbed area from tree removal has been restored to lawn, site is stable and erosion controls have been approved for removal. The Commission will require that the Certificate of Compliance indicate that the garage was not built and if any future construction is proposed, the applicant will have to re-file with the NACC. • Donna Carlstrom,the Applicant is present. • A motion to issue a full and final Certificate of Compliance is made by Mr. Mabon, seconded by Mr. Manzi. • Vote 5-0,Unanimous. Documents 2nd Modified Plan 09 30 21, 456 Summer St N_Andover Letter of Compliance, 456 Summer St_N_ Andover Signed As-built, wpafrm8a Certificate of Compliance 242-1750, 1 Oak Avenue(Held) • The Administrator provides background on the Order issued in March of 2019. The Order was later Amended in August of 2022. The Amendment eliminated work within the BVW and proposed drainage improvements around the house. A crushed stone infiltration trench along the edge of the roadway at the front of the house and rip rap armor protection on the slopes of the intermittent stream across the street. Deviations include additional(165-sf vs. 75-sf)rip rap on the opposite side of Oak Street which the Administrator believes to be beneficial to hold up to traffic and plowing. Work was completed in the fall of 2022. • Dan Powers, The Morin Cameron Group is present. • 7:13 p.m. Mr. McDonough.joins the meeting. • A motion to issue a full and final Certificate of Compliance with on-going conditions as prescribed is made by Mr. Manzi, seconded by Mr. Lynch. • Vote 5-1, (In Favor: Valentino,Napoli, Manzi, Mabon,Lynch,Abstained: McDonough). Documents 1 OakAvenue_CoCReq 242-1750, 1 Oak CCAB_2-1-24, Pics I Oak, Revised Plans- I Oak Ave Amendment #242-1750, Stone Trench &Rip Rap Outfall O&M Small Project NACC#319,333 Waverly Road (Erickson Foundation Solutions) • The Administrator provides background on the proposal heard at a previous meeting. Additional information regarding pump capacity, soil types and flow rates has been provided. Soils for this site are Hydrologic Group "B" soils. Two different discharge designs are presented. • Cassady Santiago, Erickson Foundation Solutions believes rip rap discharge is the best option for the proposal. 2024-02-14 Conservation Commission Minutes Page 3 of 6 Approved 0311312024 • The Commission discusses the discharge options and agrees the rip rap option(47-feet from the wetland) would be the best design to prevent breakout on the hill. • The Administrator recommends issuing a Small Project"L"requiring pre and post construction inspections with erosion controls to be required. • A motion to accept this as a Small Project"L"is made by Mr. Manzi, seconded by Mr. McDonough. • Vote 6-0, Unanimous. • A motion to approve the Small Project as discussed and recommended is made by Mr. Lynch, seconded by Mr. Manzi. • Vote 6-0, Unanimous. Documents 01-10-2024 Meeting Materials, 02-05-24 Perforated PVC Level Spreader Discharge Design, 3 pumps for triple safe, 333 Waverly Hydrologic Soil Group Map, 333 Waverly Soil map, Entail Correspondence - Additional info for 333 Waverly Rd , Rip rap apron Discharge Design, Triple Safe system Small Project NACC#320,4 Oak Avenue(Erickson Foundation Solutions) • The Administrator provides background on the proposal heard at a previous meeting. Additional information regarding pump capacity, soil types and flow rates have been provided. The proposed discharge design consists of a 10-foot 3-inch PVC pipe from the rear of the house to connect to a subsurface 10-foot perforated PVC pipe level spreader, 6-inches below grade in 1.5-inch crushed stone. Due to the topography of the site, there are no concerns of erosion. The soils for the site are challenging,ponding is possible once the system reaches capacity. • Cassady Santiago, Erickson Foundation Solutions is present. • Mr. Mabon questions if there is another layout that would provide a discharge point outside of the NDZ. • The Administrator states the original design proposed at the previous meeting was outside of the NDZ. She suggests modifying the plan by shifting the 10-foot perpendicular section of pipe away from the side of the house creating an"L" shape to keep disturbance outside of the NDZ. • The Commission discusses the discharge options and agrees a surface level spreader is appropriate. They direct the Administrator to modify the record plan using the subsurface proposal in an"L" shape configuration to be no closer than 25-feet from the wetland. • A motion to accept this as a Small Project"L"is made by Mr. Manzi, seconded by Mr. McDonough. • Vote 6-0,Unanimous. • A motion to approve the Small Proj ect using the subsurface proposal in an"L" shape configuration to be no closer than 25-feet from the wetland is made by Mr. Lynch, seconded by Mr. Manzi. • Vote 6-0,Unanimous. Documents 01-10-2024 Meeting Materials, 02-05-24 Layout Plan-4 Oak, 4 Oak- Soil unit map, 4 Oak Hydrologic Soil Group, Erickson Foundation Entail-Additional info for 4 Oak Avenue 2, M53 smart sump, Smart sump in basin Notice of Intent(NOI) 242-1878,30 Anne Road(Vidal) • The Administrator states the Applicant has requested a continuance. • A motion to continue to February 28, 2024,is made by Mr. McDonough, seconded by Mr. Lynch. • Vote 6-0,Unanimous. Documents Email from alek t g coin requesting a continuance until 0212812024 Notice of intent(NOI) 242-1869, 674 Turnpike Street(Yamin) • The Administrator states the Applicant has requested a continuance. 2024-02-14 Conservation Commission Minutes Page 4 of 6 Approved 0311312024 • A motion to continue to February 28, 2024,is made by Mr. McDonough, seconded by Mr. Lynch. • Vote 6-0, Unanimous. Documents Email from m( gamin a��ahoo.com requesting a continuance until 0212812024 Notice of Intent(NOI) 242-1882,350 Winthrop Avenue (DSM Realty,Inc) • Brian Dundon,RJO'Connell&Associates and Thomas Liddy, Lucas Environmental are present. • Mr. Dundon states peer review comments were received;plans, stormwater management report, O&M plan and flood storage calculation were resubmitted to Horsley Witten. All outstanding comments have been properly addressed. At a recent site visit the Administrator raised concerns with drain easement at the rear of the building. The easement consists of twin 36-inch drain pipes which take stormwater from the church cemetery across Waverly Road, down the slope and outlets into the"A" series wetland. The discharge outlet shows notable erosion along the edge of the wetland and a section of the pipe has been undermined. The pipe will require repair and the side slope along the project side stabilized. The pipe is encapsulated in an easement owned by a subsidiary of the Roman Catholic church. The Applicant proposes to undertake the repairs to help expedite the process. He suggests providing a repair plan/sketch showing the limit of the repairs and means and methods for stabilization for approval by the Administrator and conditioned in the OOC. • Mr. Lynch questions if the swale design is consistent with the original design and if it incorporates MassDOT improvements. • Mr. Dundon states there are no stormwater structures within the parking lot facility between the storefront and Winthrop Avenue. He explains how they propose to intercept stormwater runoff prior to it discharging into the intermittent stream. The proposal does not include pending MassDOT improvement work. • The Administrator states at this time MassDOT has not filed anything with the NACC. The redevelopment project will result in a 1-acre (55,000-sf)reduction of impervious surface. The proposal is currently before the Planning Board; the only outstanding issue is noise abatement. • Mr. Mabon questions if the taller fence requested at the previous meeting was taken into consideration. • Mr. Dundon states the Applicant would like to leave the existing fence and increase site maintenance. He believes the new O&M Plan and recent plastic bag ban will help to resolve the trash issue. • Mr. Lynch agrees with Commissioner Mabon;the NACC can condition a taller fence in the Order. He questions if the Administrator has been receiving annual reports showing the O&M Plan is being met. • The Administrator states annual reporting is not being received at this time. • Mr.Napoli urges the consultant to speak with the Applicant regarding taller fencing. • Ms. Valentino expresses concerns about two (2) of the catch basins in the loading dock area that are connected to roof drain. She requests the catch basins be taken off-line to provide pre-treatment. She questions if the Order will condition no stockpiling in the Riverfront Area. • The Administrator states the NACC typically requests the stockpile area be removed from the 100-foot Buffer Zone when possible. • Mr. Dundon states stockpiling locations are limited due to phasing of the project. He questions if he can investigate installing an inline treatment device prior to out letting into the wetland's vs taking the catch basins off-line. • The Commission discusses the easement repair work and agrees a revised plan is required to include this work. • Mr. Dundon agrees to revise the plan to incorporate the on-site erosion scouring in the proposal. • A motion to continue to February 28, 2024,is made by Mr. McDonough, seconded by Mr. Lynch. • Vote 6-0,Unanimous. Documents 01-10-2024 Meeting Materials, 1st HW Comments 240116 SWPeerReview NorthAndoverMall, 2nd HW Comments 240208 SWPeerReview_NorthAndoverMall, 351 Willow Blank Pre-Dated Inspection Logs, 351- 335 Willow Street BMP Inspection Reports 02-12-24, 2024-01-26-Stormwater Report Compiled, 2024-02- 2024-02-14 Conservation Commission Minutes Page 5 of 6 Approved 0311312024 02_Existing Flood Storage Mitigation, 2024-02-02 Proposed Flood Storage Mitigation, 2024-02-05-Letter to Maxner- Conservation Project Review Comment of 1-2-2024, 2024-02-05 -RJOC response to I st HW Peer Review, 2024-02-12-North Andover Mall Redevelopment Complete Set Enforcement Order/Violation 49 Court Street(Petrosino/Fiorante) • The Administrator states a complete Notice of Intent was received on February 7,2024,to be heard at the February 28th meeting. • No action is required at this time. Documents 2024-02-12-North Andover Mall Redevelopment Complete Set, 01-24-2024 Meeting Materials, 07-13-2022 Meeting Materials, 08-10-2022 Meeting Materials, 09-14-2022 Meeting Materials, 09-27-2023 Meeting Materials, 09-28-2022 Meeting Materials, 10-26-2022 Meeting Materials, 5th Amended EO Cover Letter 49 Court Street, 49 Court Street Contract, with scope, Signed Notice of Intent(NOI) 242-1273, 113 Bridges Lane(Do Carmo) • The Administrator provides background information on the property; there are two wetlands, one at the rear of the house and the other at the front. The front wetland drains through a culvert under Bridges Lane and connects to a downstream BVW. The current homeowner purchased the home in 2021. Easement maintenance was supposed to be conducted at the front wetland headwall by the DPW due to sediment buildup in March of 2022. In February of 2023 staff observed unpermitted wetland alterations while conducting a site visit for tree removal. After consulting with the Chairman directives were given to the homeowner to rectify this violation. Due to staff shortages follow up was not conducted. In October of 2023 during the review of a building permit it was discovered via aerial images from May of 2023 that additional unpermitted work was conducted within the Buffer Zone to the rear wetland. A site visit to review these violations has not been conducted due to scheduling conflicts with the homeowner. • Claudinei Do Carmo,the homeowner states he was unaware his property contained wetlands when the home was purchased. The fence in the front was installed due to safety concerns for his children. • The Commission discusses the violation and directs the Administrator to conduct a site visit to determine the extent of the violation. • Mr. Do Carmo agrees to allow Conservation Staff to access the property. • A motion to continue to February 28, 2024, is made by Mr. Manzi, seconded by Mr. McDonough. • Vote 6-0,Unanimous. Documents 113 Bridges Lane-Enforcement Order 02 07 24, EMail from C. DoCarmo - 113 Bridges Lane Wetland Violations General/New/Old Business 242-1674,Request for Partial Bond Release, 121 Millpond Townhomes (Millpond Homeowners Assoc.) • The Administrator provides background on the Order. The Applicant has submitted a formal request for a partial bond release,of the current balance $2,500. One full season of invasive management has been conducted; 25-yards of above ground invasive woody biomass was removed from the target area. Per the contractor the work is substantially complete and the next visit will occur in late summer or early fall 2024 to address persistent re-sprouts. • Mr. McDonough questions if the remaining bond would be enough to cover the remaining work. • The Administrator believes these funds will be used to help cover expenses. • The Commission discusses the request and agrees to release $1,250 and hold the remaining$1,250 until a full and final COC is issued. • A motion to reduce the bond in the amount of$1,250 is made by Mr. Manzi, seconded by Mr. McDonough. • Vote 6-0,Unanimous. 2024-02-14 Conservation Commission Minutes Page 6 of 6 Approved 0311312024 Documents Bond Reduction Request 0123 24, Report EMail-Fw Mill Pond and Brook Shoreline Invasive Management Treatments 2023 General/New/Old Business Bylaw Discussion • Mr.Napoli states the NACC previously voted to form a Bylaw Subcommittee (Manzi, Lynch& McDonough). Recently there has been a discrepancy on the language and how it pertains to zoning. • Mr. Manzi expresses concerns that there is confusion regarding the definition of a Resource Area and Buffer Zone when it comes to Contiguous Buildable Area(CBA). • Mr. Lynch states from a wetlands perspective the Bylaw is 100% accurate; the intent was always to not include up to the 50-foot NBZ, everything else within the Buffer Zone should count. • The Administrator raises concerns that the 200-foot Riverfront Area is defined as an actual Resource Area under State Regulations; the first 100-feet of the Riverfront Area is more restricted for new development. • After due discussion the Commission agrees the Subcommittee will hold a meeting to discuss and make a recommendation. • No action is required at this time. Documents Except- 310 CMR 10.02 Minor Activities in BZ General/New/Old Business Letter to Planning Board to Revoke Special Permit-40 Flagship Drive • The Administrator states per the Commission direction she has prepared a letter to the Planning Board asking them to revoke their Special Permit for 40 Flagship Drive. • The Commission requests the Administrator email the letter to them for review/edits. • No action is required at this time. Adjournment • A motion to adjourn at 8:55 p.m. is made by Mr. Manzi, seconded by Mr. McDonough • Vote 6-0,Unanimous. 2024-02-14 Conservation Commission Minutes