HomeMy WebLinkAbout2018-07-25 Conservation Commission Minutes
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North Andover Conservation Commission Meeting Minutes
July 25, 2018
Members Present: Louis A. Napoli, Chairman, Albert P. Manzi, Jr. Vice Chairman, Joseph W.
Lynch, Jr., Deborah A. Feltovic and Douglas W. Saal.
Members Absent: Sean F. McDonough, John T. Mabon
Staff Member Present: Jennifer A. Hughes, Conservation Administrator and Savannah
McInvale Conservation Field Inspector.
Meeting came to Order at: 7:03 pm Quorum Present.
Pledge of Allegiance
Acceptance of Minutes
A motion to accept the minutes of June 27, 2018 as reviewed and amended is made by Ms. Feltovic,
seconded by Mr. Manzi.
Vote 5-0 unanimous
Small Project
NACC #216, 1003 Osgood Street (New Discoveries Early Learning)
The Administrator introduces the project and the applicant Lorraine Miles, represented by Phil
Henry.
Mr. Henry describes the project and introduces a new plan, he states there will not be fill brought
on site and that the area will be leveled out with eight yards of loam and seed.
Mr. Lynch asks about the old as built that they are presenting.
The applicant states that the as built is from a prior proposal, and was not delineated by them.
The Administrator states that the planning department has no concerns with the project.
There is conversation between the Administrator and the applicant on how to effectively remove
Japanese Knotweed.
Mrs. Feltovic asks if the guardrail is substantial.
Mr. Henry states that the guardrail is 33 feet off the street and within the curve, leaving plenty of
space.
A motion to issue a Small Project Permit L is made by Mr Manzi, seconded by Mr. Lynch.
Vote 5-0, unanimous.
Documents
o Application Checklist- Small Project
o Site Plan, prepared by Philip R. Henry, dated July 25, 2018
o Wetlands Report, prepared by Mark C. West, dated July 10, 2018
o Letter to ConComm, prepared by Philip R. Henry, dated July 25, 2018
NACC #215, Main Street, Unit G2 (Hill)
The Administrator describes the project as a revitalization of a backyard by new owners.
Mr. Saal abstains from voting on the project, as he is a resident of the condominium association
and there is conflict of interest.
Mr. Lynch questions what protection is needed for Sutton Pond.
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The property owner, Mr. Hill, states that he would like to do heavy landscape work and
resurfacing the existing patio.
The Administrator states that there should be erosion controls and native plants.
Mr. Lynch questions if this building is a part of the condominium association.
Mr. Hill states that yes, it is, and that he would like a landscape similar to that of his neighbors.
A motion to issue a Small Project Permit L is made by Mr. Manzi, seconded by Mr. Lynch, with
the conditions recommended by the Administrator.
Vote 4-0, unanimous (with Mr. Saal abstaining).
Documents
o Application Checklist- Small Project
o Statement of Work, prepared by David Hill and Nerissa Parisi-Hill, dated July 9, 2018
o Site Plan
NACC #212, 63 Crossbow Lane (Duffy)
The Administrator presents the project; she states that the property owner has complied with his
enforcement order and has removed the beach/picnic area and illegal shed.
A motion to issue a Small Project L is made by Mr. Manzi, seconded by Mr. Lynch, with special
conditions for a post construction inspection.
Vote 5-0, unanimous.
Documents
o Application Checklist- Small Project
o Site Plan
Request for Determination of Applicability
730 Massachusetts Avenue (B.P. Logue) (Request to cont. to 08/08/22)
The Administrator presents the request to continue to 8/22/18.
A motion to continue to the 8/22 meeting is made by Mr. Manzi, seconded by Mr. Lynch.
Vote 5-0, unanimous.
Notice of Intent (NOI)
242-1728, 500 Boxford Street (Donovan) (Andover Consultants)
The applicant presents the new plan and waiver requests.
Mr. Lynch states that he is satisfied with the alternative analysis requests.
Mr. Manzi asks the Administrator if she agrees with the lines and setbacks as proposed.
The Administrator states that as described by the applicants’ wetland scientist, they seem to be
utilizing areas that are already disturbed. The Commission has previously approved waivers that
have held the 50 foot no disturb.
The Commissioners discuss and no one has issues with the project as it stands today.
Mr. Chris Colieu abuts the property and is opposed to the project; he would like to know the wall
detail.
Mrs. Colieu also abuts the property and is concerned about airborne debris from house
demolition.
The applicant agrees to inform the neighbors before demolition so that they may leave the area if
they concerned about airborne materials.
Commissioners discuss the need for vernal pool cleaning to be in the dry season, so as not to
coincide with breeding season.
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There is discussion regarding the number of waivers needed. It is decided that three waivers are
substantial.
A motion to vote on the waiver requests is made by Mr. Manzi, seconded by Mr. Lynch.
Vote 5-0, unanimous.
A motion to close the public hearing and issue a decision in 21 days is made by Mr. Manzi,
seconded by Mr. Lynch.
Vote 5-0, unanimous.
Documents
o Final Site Plan, prepared by Andover Consultants, dated July 24, 2018
o Waiver Request Form 1, Waiver Request Form EP Lot 1 and Wavier Request Form EP
Lot 2
242-1735, 1429 Osgood Street (Oliver Enterprises) (Allen & Major)
Bridget Souza from Horsley Witten Group presents the project and addresses the Planning
Commissions’ questions on storage of stone, gravel, mulch and loam. She states that there will be
two bins of mulch, stored away from the wetlands.
Mr. Lynch asks what the Planning Commission has been waiting on.
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It is recommended by the Administrator that the commission continue and close on the 22, after
the Planning Commission has made their decision. She also notes that the erosion controls should
be fixed on the plan.
Mr. Napoli asks if the old concrete is being removed and if the soils underneath will be tested. He
also wonders if there is a 20 E on file.
Bridget states that they can perform more soil tests if needed but there is a 20 E on file.
The Commissioners will review the results of the soil testing before the applicant returns on
August 22.
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A motion is made by Mr. Napoli to continue to the August 22 meeting, seconded by Mrs.
Feltovic.
Vote 5-0, unanimous.
Documents
o Second Review of Site Plan and Drainage Report, prepared by Horsley Witten Group,
dated July 11, 2018
o SWPP, prepared by Allen & Major Associates, Inc., Dated May 10, 2018
o Civil Plan Set, prepared by Allen & Major Associates, Inc., Dated July 5, 2018
o Drainage Report, prepared by Allen & Major Associates, Inc., Dated July 5, 2018
242-____, Rea Street Subdivision (Messina Development) (Christiansen & Sergi)
Mr. Manzi abstains from voting on the Rea Street project due to conflict of interest.
Philip Christianson for Messina presents the project and addresses the planning board concerns of
traffic and their consideration of a cul de sac.
Mr. Lynch would like to know if the properties across the street are developable.
There is discussion about the need for more detail on the riverfront area and buffer zones,
including the lack of reference in the NOI application.
The Commissioners have questions on the drainage and run off, particularly during periods of
high snow melt.
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Two abutters are present, both live near the beaver dam and have concerns with water run-off and
flooding if the property on Lot 7 is built.
Mr. Christianson states that they will be looking into a beaver deceiver. Greg Hochmuth, Wetland
Scientist, presents a case for the deceiver and asks the Commission if they would be open to it.
Mr. Hochmuth states that he will get in touch with Mike Callahan to start the process of getting a
beaver deceiver.
The Administrator informs the applicant that they should start the process of getting a deceiver
with the board of health.
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A motion to continue until the August 22 meeting is made by Mrs. Feltovic, seconded by Mr.
Lynch.
Vote 4-0, unanimous (with Mr. Manzi abstaining).
Documents
o Stormwater Management Report, prepared by Christiansen & Sergi, Inc., dated June 26,
2018
o Stormwater Review Comments, prepared by Sam Bade, dated July 18, 2018
o NOI Application
o Definitive Subdivision Plan, prepared by Chrstiansen & Sergi, Inc., dated June 11, 2018
General Business
242-628, PCOC Request, 58 Meadowood Road, Lot 5 (Meadows Realty Trust) (Merrimack
Engineering)
The Field Inspector presents the request for a PCOC, she states that the deck on back was not on
the plan, but that none of the appurtenant structures for any Meadowood lots were included on the
plans.
Mr. Lynch asks if the deck has any footings within the 25 foot no disturb.
The Inspector states that no, the footings are on top of the stonewall.
A motion to issue a PCOC is made by Mr. Manzi, seconded by Mr. Saal.
Vote 5-0, unanimous.
Documents
o As-Built Site Plan, prepared by Steve Stapinski, dated June 25, 2018
o WPA Form 8A with Letter of Request for PCOC
242-140, PCOC Request, 43 Vest Way, Lot 40-A (Thomas)
The Field Inspector presents the request for a PCOC, she states that the lot is non-jurisdictional as
it is more than 100 feet from the wetland resource area.
The Commissioners have no follow up questions. Mr. Lynch motions to issue a PCOC, the
motion is seconded by Mr. Saal.
Vote 5-0, unanimous.
Documents
o WPA Form 8A with Letter of Request for PCOC
242-1709, COC Request, 75 Nutmeg Lane (TKZ LLC)
The Field Inspector presents the request for a COC, she states that the soils are stabilized, the wall
has been built and the drywell is located on the as built.
A motion is made by Mr. Lynch to issue a COC, seconded by Mr. Saal.
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Vote 5-0, unanimous,
Documents
o As Built Plan, prepared by Sullivan Engineering Group, LLC, dated July 9, 2018
o COC Request Form 8A and Letter
242-1691, COC Request, Phase 2 Sidewalk & Pedestrian Improvements Route 114/115
(VHB) (MassDOT) (Request to cont. to 8/8/18)
The Administrator presents the request to continue.
A motion is made by Mr. Manzi to continue to 8/8 meeting, seconded by Mr. Lynch.
Vote 5-0, unanimous.
242-1720, Modification Request, 33 Regency Place (Maroun) (Norse)
Maureen Harold from Norse Environmental presents the modification plan, which includes an 8-
foot high retaining wall, fire pit, patio extension and an adjustment in location of the pool away
from the 100-foot wetland buffer zone.
The Administrator states that the wall could be more than a modification; the plans will need to
be submitted to the building department and the erosion controls should be supplemented with silt
fence.
Mr. Lynch would like to see protection for the drainage swale in front of the house and would
like to see the sediment tracking on the street addressed.
The Commissioners discuss the slope of the property and the wall height.
Mr. Manzi motions to grant the modification request as proposed with conditions as designated
by the Administrator. Mrs. Feltovic seconds the motion.
Vote 5-0, unanimous.
Documents
o Modification Plan, prepared by Christiansen & Sergi, dated July 17, 2018
o Letter of Modification Request
Agricultural Leases
The Administrator presents the revised Agricultural Lease with edits from Town Council. She
states that the farmer from Mazurenko is also present. The Administrator has questions on the
field that is to be kept in crop.
Mr. Manzi states that the Rea’s pond cornfield is not required to be kept in corn; the USDA just
makes annual requests for information on the site use.
Mrs. Marlene Stasinos is here to make a formal request to continue farming the Mazurenko
property.
Mrs. Stasinos states that the crops are rotated on a regular basis; right now, they planted
pumpkins.
The Commissioners discuss the three-year lease term and the license fees being paid in advance.
The Commissioners decide to issue the lease for Mazurenko to the Stasinos’ for the next three
years.
Josh Nutter presents himself as an applicant to take over the agricultural lease at Half Mile Hill.
He states that he is looking to use the property for hay for his horses.
Mr. Manzi states that since previous farmers were given notice of the meeting, and no one else is
present to show interest in the property, Mr. Nutter can get a new lease.
Mr. Manzi states that he will find contact information for the farmer at Foster Farm and Carter
Hill.
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A motion is made by Mr. Lynch to issue the new Agricultural Licenses to the present applicants.
Mrs. Feltovic seconds the motion.
Vote 5-0, unanimous.
Documents
o Agricultural Use License for Half Mile Hill, with edits from Town Council
242-1045, COC Request 675 Chickering Road (430 Osgood Street) (NA High School) (DGT
Associates) – Notice of Default (John T. Callahan & Sons, Inc.)
The Administrator explains the process of seizing a bond since the as builts were never completed
for the project.
A motion is made by Mr. Manzi to find that Callahan and Sons, Inc., failed to complete the work
secured by the performance bond. Mr. Lynch seconds the motion.
Vote 5-0, unanimous.
Documents
o Notice of Default to John T. Callahan & Sons, Inc.
Emergency Certification
70 Liberty Street (Rodrigo)
The Administrator explains that the Health Department has declared an emergency on the
property due to flooding near the well from beaver activity. The proposed action is a dam breach
to attract beavers, then trapping.
Mr. Lynch states that DCR has authorized whatever needs to happen.
There is discussion regarding the size of the dam breach.
Mr. Lynch motions to issue the Emergency Certification with the standard conditions. Mrs.
Feltovic seconds the motion.
Vote 5-0, unanimous.
Documents
o Application for 10-Day Emergency Beaver or Muskrat Permit at Sharpner’s Pond
Decision
242-1675, 40 Hillside Road (Amended) (Wallace) (William & Spragues)
Mr. Lynch motions to issue the Amended Order of Conditions for 40 Hillside, with the stipulation
that they will come to the Conservation Department for assistance placing markers. Mrs. Feltovic
seconds the motion.
Vote 5-0, unanimous.
Adjournment
A motion to adjourn is made by Mr. Lynch seconded by Mrs. Feltovic.
Vote 5-0 unanimous