HomeMy WebLinkAbout2020-10-28 Conservation Commission Minutes
Page 1 of 7
Approved 11/18/2020
North Andover Conservation Commission Meeting Minutes
October 28, 2020
Members Present: The following identified themselves as present on the call: Joseph W. Lynch, Albert P. Manzi, Jr.,
Vice Chairman, Sean F. McDonough and John T. Mabon
Members Absent: Douglas W. Saal and Louis A. Napoli, Chairman
Staff Members Present: The following identified themselves as present on the call: Amy Maxner, Conservation
Administrator
Meeting came to Order at: 7:00 p.m. Quorum Present.
The Administrator, Amy Maxner reads the following statement:
nding Certain Provisions of the Open Meeting Law, G.L.
gather in one place, this meeting of the North Andover Conservation Commission will be conducted via remote
participation to the greatest extent possible. Specific information and the general guidelines for remote participation
by members of the public and/or parties with a right and/or requirement to attend this meeting can be found on the
T
meeting may do so on their televisions by tuning to Comcast Channel 8 or Verizon Channel 26 or online at
www.northandovercam.org. No in-person attendance of members of the public will be permitted, but every effort will
be made to ensure that the public can adequately access the proceedings in real time, via technological means. In
the event that we are unable to do so, despite best efforts, we will post on the Town of North Andover website an
audio or video recording, transcript, or other comprehensive recording of the proceedings as soon as possible after
the meeting. If the public would like to participate in public hearings please email your question/comment prior to
or during the meeting to amaxner@northandoverma.gov. The question/comment will be read during the proceedings
and responded to accordingly.
Acceptance of Minutes
A motion to accept the minutes of the October 14, 2020 is made by Mr. Mabon, seconded by Mr. Lynch.
Vote 4-0, Unanimous.
Certificate of Compliance
242-1696, 50 Royal Crest Drive, Bio-Retention (AIMCO North Andover, LLC)
The Administrator states the Order governed construction of two bio-retention cells. One of the bio-retention cells
was located partially within the existing BVW. The replication consisted of 4,000-s.f. of replication in the form of
one of the bio-retention cells. Portions of the work are also in the 100-foot Buffer Zone to BVW. The bio-
retention cells were constructed to help alleviate drainage issues caused by on and off-site stormwater. The
Administrator provides background on the first site inspection that was conducted in the fall of 2019. The site was
visited again in the middle of the summer this year, and again a few weeks ago. The plantings look good despite
the summer drought and the side slopes are well vegetated and stable. The bio-cells are functioning as intended.
Snow signs and wetland markers have been installed. An invoice from June 2020 was received showing the catch
basins have been cleaned. Confirmation was received that staff training occurs regularly for stormwater BMP
maintenance. The Administrator recommends issuing a full Certificate of Compliance with ongoing conditions as
prescribed in the OOC.
Mr. Lynch would like to know if the fence was installed per the Order.
The Administrator states the fence was installed per the approved plan; wetland markers were installed on the
fence.
A motion to issue a full and final Certificate of Compliance is made by Mr. Mabon, seconded by Mr.
McDonough.
2020-10-28 Conservation Commission Minutes
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Approved 11/18/2020
Vote 4-0, Unanimous.
Documents
242-1696 COC Request 100720, 9885-Off Site Inlet North & South As-Blt- 100119 REV 123019
NACC #181, 50 Royal Crest Drive, Building 12 (AIMCO North Andover, LLC)
This item is taken out of order.
The Administrator states the Order governed the installation of a foundation drain, waterproofing, associated
piping and outlet structure, and installation of new pre-cast concrete entrance stairs for Building #12. The work
took place within the 100-foot Buffer Zone to IVW. A site inspection was conducted, and the site was found to be
stable and in compliance with the approved plan. The outlet structure is in good shape with no apparent erosion at
the discharge point. Per the Order the gutters are capped and not connected to the subsurface connections. Two
repairs to the foundation were discovered during work and were undertaken after consultation with the
Conservation Department. The Administrator recommends issuing a full Certificate of Compliance with ongoing
conditions as prescribed in the OOC.
A motion to issue a full and final Certificate of Compliance is made by Mr. Lynch, seconded by Mr. Mabon.
Vote 4-0, Unanimous.
Documents
9618-101717-D-1-As-Built Endorsed, NACC#181 Bldg 12 COC Request 100720
NACC #123, 50 Royal Crest Drive, Building 30 (AIMCO North Andover, LLC)
This item is taken out of order.
The Administrator states the Order governed installation of a foundation drain, two new drain manholes and
connection to an existing manhole, waterproofing and foundation repairs, and the installation of new pre-cast
concrete entrance stairs for Building #30. The work took place within the 100-foot Buffer Zone to IVW. A site
inspection was conducted, and the site was found to be stable and in compliance with the approved plan. The
gutters are not connected to the subsurface connections. Most of the connections are capped, with two or three
caps missing. The Administrator recommends issuing a full Certificate of Compliance with ongoing conditions as
prescribed in the OOC.
A motion to issue a full and final Certificate of Compliance is made by Mr. Mabon, seconded by Mr. Lynch.
Vote 4-0, Unanimous.
Documents
Bldg 30 As-Built Plan, COC-Building 30, NACC#123 COC Request 100720
242-1656, 95 Old Cart Way (Murtha)
The Administrator states the OOC and modification did not explicitly prohibit a backwash filter system. The
applicant was instructed to work with the engineer to figure out a location as far away from the wetland as
possible to direct the backwash. A stone-lined basin was created just inside the 100-foot Buffer Zone at the base
of the retaining wall. The Administrator feels this is a good solution. A continuance has been requested by the
applicant to allow time to install wetland markers and remove erosion controls.
A motion to continue to November 18, 2020 is made by Mr. Lynch, seconded by Mr. Mabon.
Vote 4-0, Unanimous.
Documents
95 OCW Project COC Document 1- wpafrm8a-95 Old Cart Way, NA, 95 OCW Project COC Document 2 -
Compliance Letter_95 Old Cart Way, 95 OCW Project COC Document 3 - 95 Old Cart Way_ASBLT, 95 OCW
Project COC Document 4 - Letter Requesting COC, 95 Old Cart Way_ASBLT, Compliance Letter_95 Old Cart
Way
Amendments
242-1780, 1230 Salem Street (Grasso)
The Administrator provides background on the OOC. No work has commenced, the Amendment request comes
from a potential buyer. They propose to expand the house footprint and add a sunroom so that building corners
are 92.4-feet from the C Series wetland at its closest point, and 94.1-feet from the D Series. A proposed pool with
2020-10-28 Conservation Commission Minutes
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Approved 11/18/2020
a concrete retaining wall and surrounding walkway/patio with associated grading is proposed northeast of the
house, within the previously approved limit of work and the retaining wall is 55.5-feet from the C Series wetland.
The rear deck has been changed to a patio; the materials have not been specified on the plan. No other changes to
the site plan are proposed. The Administrator states the modifications do not require any waivers from the Bylaw
and are located within the previously approved limit of work. She recommends continuing the hearing to allow a
draft Amended OOC to be prepared.
Mr. Lynch would like to know if they specified the filter type on the pool.
The Administrator states they will condition a cartridge, non-backwash system.
Mr. Mabon encourages the applicant to place more detail on the plan, including walkway/patio connections to the
pool, pool equipment/ho
Steve Grasso the potential property owner states he would like a connection from the pool area to the patio
however this has yet to be determined.
The Commission discusses the proposal and suggests the applicant work with the Administrator to refine the
request.
A motion to continue to November 18, 2020 is made by Mr. Lynch, seconded by Mr. Mabon.
Vote 4-0, Unanimous.
Documents
1230 Salem Site Plan, 1230 Salem St Abutters, 1230 Salem Street - Legal Notice 10 21 20 - Public Notice, 1230
Salem Street - Legal Notice 10 21 20 - Tribune, Cover Letter Grasso 1230 Salem Street, Final Site Plan Feb. 11,
2020, 1230 Salem, Grasso Abutter Notification Form - Remote Meeting Revised 07 17 20, steve grasso - revised
house SITE plan - 10-26-2020
Request for Determination of Applicability
The Administrator provides background information on the proposal. A revised plan was received which
eliminates the section of gravel driveway that was closest to the 25-foot NDZ. The Administrator recommends to
close the hearing and issue a Negative #3 Determination. The area to be restored to lawn shall be backfilled with
clean fill and clean loam, and immediately stabilized with Winter Rye and covered with a layer of straw or
biodegradable erosion control blanket. The Conservation Department is to be notified upon completion of these
tasks. Erosion controls shall be maintained until their removal is approved by the Conservation Department. A
post-construction site inspection is to be scheduled with the Conservation Department once all work is complete
to verify compliance. Wetland markers have been installed.
Mr. Lynch would like the wetland markers to be included in the condition for the record.
A motion to issue a Negative #3 as recommended is made by Mr. Mabon, seconded by Mr. Lynch.
Vote 4-0, Unanimous.
Documents
9-23-2020 Meeting Materials, 10-14-2020 Meeting Materials, Revised Plan 10-20-20, Revised Plan Letter 10-20-
20
Holt Road (National Grid)
The Administrator states the applicant is proposing to install a new utility pole and the relocation of an existing
utility pole. The work will take place within the outer 200-foot Riverfront Area to the Merrimack River, outside
the floodplain. No waivers are required for the work. The Administrator recommends to close the hearing and
issue a Negative #2 Determination. Prior to the start of work erosion controls are to be installed and a site
inspection conducted by the Conservation Department. Upon stabilization of disturbed areas, the Conservation
Department shall be contacted to inspect and approve removal of erosion controls.
Mr. Mabon would like to know the setback from the Merrimack River.
Jim Bolduc, TRC states the work is approximately 125-feet from the Merrimack River.
A motion to issue a Negative #2 as recommended is made by Mr. Lynch, seconded by Mr. Mabon.
Vote 4-0, Unanimous.
Documents
2020-10-28 Conservation Commission Minutes
Page 4 of 7
Approved 11/18/2020
Holt Road - Legal Notice 10 21 20 - Public Notice, Holt Road - Legal Notice 10 21 20 - Tribune, North
Andover_RDA_Bookmarked
257 Boxford Street (Hammond)
The Administrator states the applicant is proposing an in-kind replacement of the existing deck and the addition of
a screened-in roofed porch over a portion of the deck. A site inspection was performed, and a trench was
discovered from the side of the driveway down to the wetland. Per the homeowner this was done to expedite the
exit of water away from a clogged drain at the base of the driveway in front of the garage. The applicant has also
added an additional request to remove a large maple tree located between the garage and shed.
Kyle Hammond, the homeowner states the drain has been fixed and is functioning. They are hoping to remove the
tree and fix the drainage trench.
The Administrator describes the origin of the drainage trench and where it terminates, sedimentation was
observed at the terminal end into the wetland. The tree is approximately 40-feet from the edge of the wetland. The
application did not speak to the replacement of the existing deck footings. She feels that the runoff from the roof
may need to be addressed with a stone infiltration trench.
The Commission discusses the proposal, tree removal and violation. They agree the tree removal request and
drainage trench restoration needs to be included in the application.
Mr. Mabon would like to know what the applicant proposes for the foundation of the new deck.
Mr. Hammond states the existing footings are to remain.
Mr. Manzi encourages the applicant to revise the plan so that the project scope is crystal clear and can be properly
conditioned under an RDA.
A motion to continue to November 18, 2020 is made by Mr. McDonough, seconded by Mr. Mabon.
Vote 4-0, Unanimous.
Documents
Photos 10-20-20, 242-537 - Modification allowing deck in 50' NBZ, 257 Boxford Street - Legal Notice 10 21 20 -
Public Notice, 257 Boxford Street - Legal Notice 10 21 20 - Tribune, Abutters list 257 Boxford, Certified mail
receipts, LOCUS of Project, NOTIFICATION TO ABUTTERS, plotplanHammond, Porch, RDA for Deck
Notice of Intent (NOI)
242-1787, 135 North Ramp Road (DeRosa)
The Administrator states the applicant has requested a continuance.
The Commission briefly discusses project information submission to date, agrees if progress is not made by the
next meeting enforcement action needs to be taken.
The Administrator states she feels it is important that Commissioner Mabon and Lynch visit the site.
Mr. Manzi feels anyone in town government that wants to visit the site should.
A motion to continue to November 18, 2020 is made by Mr. Lynch, seconded by Mr. Mabon.
Vote 4-0, Unanimous.
Documents
Email from dcowell@hancockassociates.com requesting a continuance until 11/18/20
242-1797, 125 Boston Street (Landers)
The Administrator states the proposed work includes the abandonment/decommissioning of the existing
subsurface septic system and installation of a new system in a slightly different location. The wetland line was
reviewed and found to be reasonable. The new system, associated components and grading are outside the 50-foot
NBZ and does not require removal of any trees or mature woody vegetation. A depression near the back side of
the new system between elevation 96 and 94 will be incorporated into the grading for the system. The rear yard is
a bit overgrown with weedy grasses. The Administrator suggests sending a friendly letter to the new owners
explaining wetland regulations and permitting. No DEP# has been assigned at this time.
Jim Morin, NE Classic Engineering states an error was made when the application was submitted to DEP and
only an electronic copy was sent. A hard copy was mailed and a DEP# and they hope to have a file number
shortly. He requests the Commission close the public hearing as he feels this is an emergency situation.
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Approved 11/18/2020
The Administrator states the NOI Checklist includes the standard filing procedure with additional COVID
requirements during the state of emergency.
The Commission discusses the situation and agrees that the nature of this Title 5 failure is not a hardship. The
public hearing will not be closed until a DEP# and comment has been received.
A motion to continue to November 18, 2020 is made by Mr. Lynch, seconded by Mr. McDonough.
Vote 4-0, Unanimous.
Documents
1_Title Page, 2_Table of Contents, 3_WPA Form, 4_Property Access Form, 5_Local Filing Fee, 6_State Filing
Fee, 7_Copy of Checks, 8_Locus Map, 9_FIRM Map, 10_Soil Survey, 11_Project Narrative, 12_Abutter
Notification, 13_Affidavit of Service, 14_Abutters List, 15_BOH Septic Approval, 125 BOSTON
REVISED_1012020 conservation Layout1 (1), 125 Boston Street - Legal Notice 10 21 20 - Public Notice, 125
Boston Street - Legal Notice 10 21 20 - Tribune, Additional Check, Signed NOI
242-1796, 490 Winter Street (Dainowski)
The Administrator states the filing is in response to unauthorized work within the Buffer Zone for the installation
of a closed system water feature. The Administrator walked the delineated wetland and found it to be correct. The
water landscape feature is 74-feet from the wetland and surrounding landscaping is approximately 65-feet from
the wetland at its closest point. A section of raised landscape bed stone wall is proposed to be repaired in-kind.
Per the applicant plantings and mulching are proposed around the water feature. The wetland system is bigger
than what is shown on the plan and wraps around the rear of this property. The Administrator would like the
estimated edge of the rest of the wetland to be added to the plan to avoid future violations. An email was received
from an abutter with comments that provide a chronology of possible violations committed by the applicant and
forwarded to the Commission and the applicant and his consultant. The abutter reports that a pile of yard waste
located off property was burnt in situ. The Administrator states during a site visit she observed charred remnants
but did not see any negative impact to the wetland. There are no other ongoing violations to report other than the
activities the homeowner has filed for under the NOI. No waivers are required for the proposed work.
Mr. Manzi states the Commission must look at the evidence before them and not on past performance. He
suggests taking existing condition photographs for the record.
The Administrator states she would like additional information on what is proposed around the upper portion of
the water feature.
David Cowell, Hancock Associates is present on behalf of the applicant. A planting list will be submitted for
review and a revised plan will be provided with a notation stating jurisdictional wetlands are known to be located
within 100-feet of rear property.
The Commission discusses the proposal and agrees the project is approvable.
A motion to close and issue in 21 days is made by Mr. McDonough, seconded by Mr. Mabon.
Vote 4-0, Unanimous.
Documents
490 Winter Street - Legal Notice 10 21 20 - Public Notice, 490 Winter Street - Legal Notice 10 21 20 - Tribune,
Abutter Comment Email -, Certified mail slips, NOI Complete reduced
Enforcement Order/Violation
81 Bonny Lane (Phan & Duong)
The Administrator states an Enforcement Order was issued for ground disturbance. Work included excavation and
installation of a retaining wall footing, clearing of understory vegetation and regrading/ground preparation for
construction of a patio. The activities took place within 100-feet of BVW, Bank and associated Watershed
Protection District Buffer Zones to Lake Cochichewick. A Violation Letter was issued directing all work to cease,
installation of erosion controls and to engage a wetland consultant to delineate the wetland resources and estimate
the square footage of disturbance. None of the activities are allowed without Conservation Commission or
Planning Board review and approval and the retaining wall could possibly require a variance with the Zoning
Board of Appeals.
Mr. Lynch would like to know if there are any previous violations on the property.
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Approved 11/18/2020
The Administrator states she does not believe there are previous violations but offers to double check
Conservation Department records.
Julie Vondrak states the property was purchased 4-5 weeks ago. She was contracted by the homeowner to
delineate the wetland. The closest limit of disturbance to the solid disturbance from the wetland is approximately
42-feet and approximately 75-feet from the retaining wall. Per the homeowner there was no tree removal. It is
unknown whether the project is approvable or not.
Mumi Phan, the homeowner, apologizes for the unauthorized work and states she is willing to listen and take the
next steps.
The Commission discusses the violation and agrees an Enforcement Order will be required. The EO will require
the removal of all imported materials from the site by hand (with the exception of pallets of stone that may need
machinery). Stabilization of all areas of exposed soil, monumentation of the 25-foot NDZ and bolster existing
erosion controls by installing additional 12-inch mulch sock. The removal of imported material, re-established
grades and stabilization shall be completed no later than November 18th. The applicant will be allowed 90 days to
investigate whether the proposed activities are permissible with the other boards.
A motion to issue an Enforcement Order as amended is made by Mr. Mabon, seconded by Mr. Lynch.
Vote 4-0, Unanimous.
Documents
20201016_111932, 20201016_111935, 20201016_112550, IMG_0006, IMG_0008, IMG_0014, IMG_9991,
Violation Letter 10 20 20
Signature Authorization - Permits Issued at the 10/28/2020 Meeting
The Administrator states a vote needs to be taken authorizing her to sign decisions, permits and forms on behalf of
the Commission for the following;
Certificate of Compliance for 50 Royal Crest Drive, Bio-Retention, 50 Royal Crest Drive, Building 12, 50
Royal Crest Drive, Building 30. Determination of Applicability for 190 Mill Road and Holt Road and
Order of Conditions for 490 Winter Street.
A motion to allow the Administrator to sign the permits as proposed is made by Mr. Lynch, seconded by Mr.
Mabon.
Vote 4-0, Unanimous.
General/New/Old Business
242-1692, 1210 Osgood Street (Princeton Properties)
The Administrator states the applicant is proposing a modification for the connection of stormwater discharge
points to the interceptor trench. The applicant was previously required by the NACC to monitor the pH levels at
discharge point of the stone lined swale behind the clubhouse. The area has been monitored 13 times and has been
wet only one time, with a pH reading of 8.5. They are proposing to connect all of the discharge points to the
interceptor trench for the low flow events. During higher flow events the water would flow over the weir.
Mr. Manzi & Mr. Lynch would like third party peer review, GEI, to comment on the request.
The Commission agrees this request should be placed on the next agenda for discussion.
A motion to continue to November 18, 2020 is made by Mr. Lynch, seconded by Mr. Mabon.
Vote 4-0, Unanimous.
Decision
242-1796, 490 Winter Street (Dainowski)
The Administrator reviews the drafted Order of Conditions.
The Commission reviews Condition #32 stating that based on Conservation staff site observations, the wetland
extends to the rear of the subject lot (off property) and that the 100-foot Buffer Zone encumbers a portion of the
backyard of 490 Winter Street. This will be noted on the approved plan and limits of the estimated 25-foot NDZ
shall be monumented. Prior to construction, photographs of all areas within the 100-foot Buffer Zone shall be
submitted to the Conservation Department to serve as base-line documentation of existing site conditions.
Locations of the photographs shall be coordinated with the Conservation Department. A Planting Plan and
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supplemental narrative shall be submitted to the Conservation Department prior to construction. The bond will be
set in the amount of $1,000.00. The Commission discusses Condition #69 which states unauthorized activity
within the Buffer Zone or Wetland Resource Area shall be subject to enforcement action and automatic fines upon
the discretion of the Chairman and Conservation Department staff.
A motion to approve the Order of Conditions as amended is made by Mr. Lynch, seconded by Mr. Mabon.
Vote 4-0, Unanimous.
Adjournment
A motion to adjourn at 9:33 p.m. is made by Mr. Lynch, seconded by Mr. McDonough.
Vote 4-0 Unanimous.
2020-10-28 Conservation Commission Minutes