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Home My WebLink About2024-03-13 Conservation Commission Minutes Page 1 of 5 Approved 0312712024 North Andover Conservation Commission Meeting Minutes March 13,2024 Members Present: Marissa Valentino, Bradley S. Mustain, Sean F. McDonough,Albert P.Manzi, Jr.,Vice Chairman, John T. Mabon, and Joseph W. Lynch Members Absent: Louis A. Napoli, Chairman Staff Members Present: Amy Maxner, Conservation Administrator and Justine Fox, Field Inspector Meeting came to Order at: 7:03 p.m. Quorum Present. Pledge of Allegiance Acceptance of Minutes • A motion to accept the minutes of January 24, 2024 and February 14, 2024 as drafted is made by Mr. Mustain, seconded by Ms.Valentino. • Vote 4-0,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 27,2024,is made by Mr. Mustain, seconded by Ms. Valentino. • Vote 4-0,Unanimous. Documents Email from Luke.Bouchard(a)ebtc.com requesting a continuance until 0312712024 Certificate of Compliance 242-1847, 161 Campbell Road(McCarthy) • The Administrator provides background on the Order issued in August of 2022. The in-law addition,patio and tree work are complete. The garage addition and rear walkway were not constructed. The in-law addition is slightly smaller than the approved footprint;bulkhead was eliminated. The site is stable,wetland markers have been installed and erosion controls were approved for removal. The Administrator recommends issuing a full and final Certificate of Compliance with ongoing conditions. The COC will indicate that the garage work and walkway were not done. • Bill McCarthy,the Applicant is present. • A motion to issue a full and final Certificate of Compliance with ongoing conditions is made by Mr. Mustain, seconded by Ms.Valentino. • Vote 4-0,Unanimous. Documents 161 Campbell 03-12-24 Pies, Certificate of Compliance Request- 161 Campbell Road, Final Approved Revised NOI Plan- 161 Campbell Road, Plan to Accompany a Certificate of Compliance Request- 161 Campbell Road Small Project NACC#322,69 Milk Street(Empire 1 Home Improvements) • 7:07 p.m. Mr. Mabon joins the meeting. • The Administrator states the Applicant has requested to withdraw the application. A site visit was performed to conduct investigative work. • A motion to accept the withdrawal with prejudice is made by Mr. Lynch, seconded by Ms. Valentino. • Vote 4-1, (In Favor: Valentino,Mustain,Manzi,Lynch,Abstained: Mabon). Documents 2024-03-13 Conservation Commission Minutes Page 2 of 5 Approved 0312712024 Small Permit Application with Supporting Materials 03 OS 24, Town of North Andover Mail-Fwd_ Cancel Request for Small Permit Application Meeting Request for Determination of Applicability 102 Penni Lane(Martins-Fernandes) • The Administrator presents the proposal for the installation of a 120-gallon propane tank to supply a standby generator. The generator was installed on the right side of the house outside of the 50-foot NBZ,which was field verified by the Field Inspector. Due to safety setbacks and septic system considerations a location for the propane tank outside of the 50-foot NBZ could not be found. The proposed propane location is approximately 35-ft from the wetlands which is no closer than the existing structure. A waiver request has been provided. • Ana-Paula Martins-Fernandes,the homeowner,is present. • Mr. Lynch requests that moving forward staff consider the entire project, which includes not only the generator but also its power source. • 7:11 p.m. Mr. McDonough joins the meeting. • Mr. Mabon requests that moving forward staff direct Applicants and agents to provide adequate information on the alternative analysis. • The Field Inspector provides information on alternative locations considered for the propane tank and why they weren't feasible. • The Administrator ensures the NACC that the footwork for alternative locations was done. • No abutters are present. • A motion to grant the waiver request as proposed is made by Mr. Mahon, seconded by Mr. Mustain. • Vote 6-0,Unanimous. • A motion issue Negative Determination#3 with conditions (72-hrs notice for the installation,loam, and seed disturbed area after installation and post construction inspection) is made by Mr. Mabon, seconded by Mr. McDonough. • Vote 6-0,Unanimous. • A motion to close the hearing is made by Mr. Mustain, seconded by Mr. Mabon. • Vote 6-0,Unanimous. Documents IMG 1485,IMG 1492, RDA Application with Supporting Materials 0212 24 Request for Determination of Applicability 575 Osgood Street(Edgewood Retirement Community) • The Administrator presents the proposal for the installation of a 1.5-inch overlay course of asphalt on selected sections of sidewalks within the campus. All work will be within the same footprint,no expansion is proposed. The connection points and at driveway crossings will be saw cut, asphalt removed and areas repaved to create flush conditions between new pavement and existing pavement. Erosion controls are proposed in areas adjacent to the wetlands. Silt sacks will be installed within adjacent catch basins. A waiver request has been provided. • Mr. Lynch notes there is no (formal)wetland line,but work is in place. He questions what kind of equipment will be used and requests that work be conducted during the dry season and that all residual materials be taken off site for proper disposal. • Mr. Mustain questions if ADA is being maintained at all crossings. • Melissa Flynn, SMRT Architects &Engineers is present. • Bob Copolla,Edgewood Retirement Community states a sidewalk machine will be used and ADA will be maintained at all crossings. • No abutters are present. • A motion to grant the waiver request as proposed is made by Mr. Mahon, seconded by Mr. Mustain. • Vote 6-0,Unanimous. 2024-03-13 Conservation Commission Minutes Page 3 of 5 Approved 0312712024 • A motion to close the hearing and issue Negative Determination#3 with conditions (all residual materials be taken off site for proper disposal and pre and post construction inspections) as recommended and discussed is made by Mr. Lynch, seconded by Mr. McDonough. • Vote 6-0,Unanimous. Documents 9778, 9779, 9780, 9781, Edgewood Sidewalk Repaving Plan Set_240228, Edgewood Sidewalk Repaving-RDA Submission Package_240228, NDZ-NBZ-Waiver-Request-Worksheet Edgewood Sidewalk 240312 (1) Notice of Intent(NOI) 242-1869, 674 Turnpike Street(Yamin) • The Administrator provides background on the proposal heard at a previous meeting. Final approval from the BOH has been obtained and the bird coop has been removed.The plan is stamped by a registered sanitarian and professional land surveyor. A stockpile location and dewatering area are shown on the plan. Aerial photography shows a concrete slab north of the building that has been visible since the early 90's. The previous Administrator approved the installation of a shed on top of the concrete pad. • Seth Lajoie, Seth L. Lajoie&Associates and Mohammad Yamin,the homeowner, are present. • No abutters are present. • A motion to close and issue in 21-days is made by Mr. McDonough, seconded by Mr. Mabon. • Vote 6-0,Unanimous. Documents 06-14-2023 Meeting, BOHSeptic Approval Letter- 674 Turnpike Street, Materials,Approved Septic_Plan_- _674_Turnpike_Street Tue Dec_12_2023_08-49-30 Notice of Intent(NOI) 242-1878,30 Anne Road(Vidal) • The Administrator states the Applicant has requested a continuance. • A motion to continue to April 10, 2024, is made by Mr. McDonough, seconded by Mr. Mabon. • Vote 6-0,Unanimous. Documents Email from alek e chon isen ineerin r.com requesting a continuance until 0411012024 Notice of Intent(NOI) 242-1884,49 Court Street(Petrosino) • The Administrator states the Applicant has requested a continuance. • A motion to continue to March 27,2024,is made by Mr. McDonough, seconded by Mr. Mabon. • Vote 6-0,Unanimous. Documents Email from Iim�orante a�,�nail.com requesting a continuance until 0312712024 Notice of Intent(NOI) 242-1885,416 Abbott Street(Ziej a) • The Administrator states the Applicant has requested a continuance. • A motion to continue to March 27, 2024,is made by Mr. Lynch, seconded by Mr. McDonough. • Vote 6-0,Unanimous. Documents 416 Abbott Street- Notice of Intent Complete, Email from Andrew a)gaddardconsultin�_llc.com requesting a continuance until 0312712024 Modification 242-1766, 1600 Osgood Street(aka 1450 Osgood Street) (Millwood) • The Administrator states the OOC issued in Feb 2020 for an Amazon distribution center redevelopment is nearly completed,with only spot seeding and restoration monitoring remaining. The Applicant is seeking to 2024-03-13 Conservation Commission Minutes Page 4 of 5 Approved 0312712024 modify the stormwater management plan to include regular inspection and cleaning of a large grate at the mouth of a 60" culvert that runs underneath the site, which gets clogged during rain events, causing erosion. • Mr. Lynch confirms all work will be conducted by hand; no equipment will enter the Resource Area and this method should be added to the O&M Plan, and if any mechanized equipment is required,the applicant first consult with the Conservation Department/Commission for review and approval of means and methods. • Frank Holmes,Langan Engineering confirms all work will be conducted by hand,if additional resources are required the operators will contact the Administrator. • A motion to grant the Modification as proposed and amended is made by Mr. McDonough, seconded by Mr. Mabon. • Vote 6-0, Unanimous. Documents Amazon Culvert Grate and Stream Pics 02-20-24, 04 March 2024 Letter to Conservation Commission_Updated, 1450 Osgood-Application Checklist-Modification Request-2024-03-04, 1450 Osgood-Stormwater O&M-Lot B (Hillwood)_2024-03-04, 1450 Osgood, Lot B (Hillwood)_2024-03-04 Stormwater BMP Map, Pies Enforcement OrderNiolation 242-1884,49 Court Street(Petrosino) • The Administrator states the Applicant has requested a continuance. • A motion to continue to March 27,2024,is made by Mr. McDonough, seconded by Mr. Lynch. • Vote 6-0,Unanimous. Documents Emailfromjimkiorante a�gmail.com requesting a continuance until 0312712024 Enforcement OrderNiolation 163 Farnum Street(Sutera) • The Administrator states earlier this year,the Conservation Department investigated a complaint regarding sediment escaping from a construction site at 163 Farnum Street. This issue was negatively impacting nearby properties and wetlands. Staff performed a site visit and determined that the property is outside of the Buffer Zone however there is a Town owned property at the corner Gilman Lane and Farnum Street which contains a wetland. Although work was outside of the Buffer Zone it was determined that a significant amount of sediment was leaving the site and entering the roadway and catch basins. The project involved excavating the sloped backyard,building a boulder retaining wall, and installing a Swale to redirect groundwater. The excess soil from this project was used on-site to create a flatter front yard, and no imported fill was reported. A violation letter was issued by Staff and the contractor responded by installing erosion controls and crushed stone; catch basins were cleaned and silt sacks installed. Per the Administrator the site is stable and is no longer jurisdictional. • Mr. Lynch questions if any of the sediment reached the Resource Area. • The Administrator states no sediment was observed at the terminal discharge points. Her only remaining concern is that the swale be filled with stone so it's not vulnerable to erosion. • Sarah&Mark Sutera, the homeowners are present. • Rob Daigle,Robert K. Daigle Construction states the outlet will have stone and pipe installed. The erosion controls (jute mat and hay bales) on the front slope will remain; hay bales will be broken down once they decompose. Hay bales along the edge of the driveway will remain until vegetation is established. • The Commission discusses the violation and agrees the site is stable and non-jurisdictional. They direct the Administrator to follow up with a letter stating that no enforcement actions will be taken if the following conditions are met: keep the existing hay bales, erosion control blanket, and crushed stone in place until approval is given for removal. Reinforce the swale with crushed stone to prevent future erosion. Schedule a post-construction inspection for approval of erosion control removal. • A motion for the Administrator to send a follow up letter as discussed is made by Mr. McDonough, seconded by Mr. Lynch. 2024-03-13 Conservation Commission Minutes Page 5 of 5 Approved 0312712024 • Vote 6-0,Unanimous. Documents 163 Farnum Pics,April 2023 Aerial, July 2023 Aerial, MassMapper topo 2021 aerial, Violation Notice-163 Farnum Street 02 23 24 General/New/Old Business Harold Parker State Forest, Gate 2 off Middleton Road -Request for Emergency Certification (DCR) • The Administrator states DCR's Integrated Wildlife Control(IWC)is requesting an Emergency Certification to address beaver damming at a culvert that is beyond Gate 2 within HPSF. Schematics of the device and how it would be installed have been provided. Beaver Solutions will perform the installation of a fence and pipe flow device. A site visit was performed; despite efforts to deter the beavers with a fence,they continue to dam and cause water to rise,risking road erosion. • The Commission discusses the request and agrees to issue an Emergency Certification for the installation of a beaver deterrent bypass flow device. • A motion to consider the request an emergency is made by Mr. Lynch, seconded by Mr. McDonough. • Vote 6-0,Unanimous. • A motion to issue an Emergency Certification to allow the work as proposed is made by Mr. Lynch, seconded by Mr. Mustain. • Vote 6-0,Unanimous. Documents Harold Parker Gate 2 Culvert Pics 03-13-24, HPSF- 7 Pages Decision 242-1883, 1250 Osgood Street(Gandhi) • The Commission reviews the draft Order of Resource Area Delineation. • The Administrator states no changes were made to the flags. • A motion to adopt the Order of Resource Area Delineation as drafted is made by Mr. Lynch, seconded by Mr. Mabon. • Vote 6-0,Unanimous. Decision 242-1869, 674 Turnpike Street(Yamin) • The Administrator reviews the draft Order of Conditions. • The bond will be set in the amount of S2,500. Although the Applicant has proposed a construction access route over Route 114,this does not automatically grant access to others'property. MassDOT's approval is required and must be verified in writing to the Conservation Department. If MassDOT denies access, the applicant must submit an alternative route to the Conservation Department for approval. The Applicant must possess 50-ft of 12" mulch-filled silt sock for emergencies.Prior to commencement of work the plan must be modified to add erosion controls between the cesspool and wetland. • A motion to adopt the Order of Conditions as drafted and amended is made by Mr. McDonough, seconded by Mr. Lynch. • Vote 6-0,Unanimous. Adjournment • A motion to adjourn at 8:03 p.m. is made by Mr. McDonough, seconded by Mr. Mustain. • Vote 6-0,Unanimous. 2024-03-13 Conservation Commission Minutes