HomeMy WebLinkAboutCorrespondence - 58 COUNTRY CLUB CIRCLE 3/2/2017 Eggleston Environmental
March 2, 2017
North Andover Planning Board
1600 Osgood Street
North Andover, MA 01845
Attn: Rebecca Oldham, Staff Planner
RE: Watershed Special Permit Review
58 Country Club Circle
Dear Ms. Oldham and Board Members:
Per your request, I have conducted a technical review of the February 1, 2017 Watershed
Special Permit Application packet for the above-referenced project, prepared by Atlantic
Engineering & Survey Consultants Inc. on behalf of Donna & Debra Stanley. The
proposed project calls for construction of a retaining wall, pool, spa, walkway and patio in
the rear yard of an existing single-family home, as well as grading associated with the
work. The proposed work is located within the Non-Disturbance and Non-Discharge Zones
of the Watershed Protection District. My comments on the application are outlined below:
1. The boundaries of the Watershed zone_ s are based on the horizontal setback from
the edge of wetland resource areas, as defined by the Wetlands Protection Act and
the North Andover Wetland Bylaw. It should be confirmed that the wetland
boundary shown on the plan has been confirmed by the Conservation Commission,
e.g. through an ANRAD or NOI.
2. The Plan should also show the Zone A for the Lake Cochichewick public water
supply, defined by the Massachusetts Drinking Water Regulations (310 CMR
22.02) as including the land area within a the land area within a 400 foot lateral
distance from the upper boundary of the bank of a Class A surface water source and
200 foot lateral distance from the upper boundary of the bank of a tributary or
associated surface water body(including wetands).
3. The Plan should clearly show the proposed edge of vegetation clearing/limit of
work and, unless an NOI or ANRAD has been filed with the Conservation
Commission, all work should be kept outside of the 100-foot buffer zone to the
Bordering Vegetated Wetland.
4. The proposed project calls for an increase in impervious surface on the lot of 2,708
sf and a net decrease in wooded cover on the site of 2,974 sf, but it provides very
little in terms of compensatory groundwater recharge as is required by the Zoning
Bylaw for work within the Watershed Protection District. It is not clear that any of
the new impervious surfaces would drain toward the two small rain gardens shown
on the plan.
32 Old Framingham Rd Unit 29 Sudbury MA 01776 tel 508.259.1137 fax 866.820.7840
We are here today to conduct a site visit of 235 Holt Road Wheelabrator facilities.As discussed at
the Public Hearing on March 7, 2017.The Applicant will be making a presentation concerning the
project.We will provide a summary of the presentation at the next Public Hearing.This site visit is
not a Public Hearing and therefore we will not deliberate and/or discuss the project in any way.
• What constitutes a deliberation?The Open Meeting Law defines deliberation as"an oral
or written communication through any medium,including electronic mail,between
or among a quorum of a public body on any public business within its jurisdiction."
We are here today because an exception to the Open Meeting Law is that members of a
public body may conduct an on-site inspection of a project or program;however,they
may not deliberate at such gatherings
• Note that the expression of an opinion on matters within the body's jurisdiction to a
quorum of a public body is a deliberation, even if no other public body member
responds. For example,if a member of a public body sends an email to a quorum of a public
body expressing her opinion on a matter that could come before that body,this
communication violates the law even if none of the recipients responds.
Therefore,if you have questions and/or comments during the presentation please write
them down and we will address them at the upcoming Public Meeting on April 4,2017.