HomeMy WebLinkAbout2021-03-10 Conservation Commission Minutes
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Approved 3/24/2021
North Andover Conservation Commission Meeting Minutes
March 10, 2021
Members Present: The following identified themselves as present on the call: Louis A. Napoli, Chairman, John
T. Mabon, Joseph W. Lynch, Albert P. Manzi, Jr., Vice Chairman, Sean F. McDonough and Anthony Capachietti
Members Absent: Douglas W. Saal
Staff Members Present: The following identified themselves as present on the call: Amy Maxner, Conservation
Administrator and Taylor Andrews, Field Inspector
Meeting came to Order at: 7:01 p.m. Quorum Present.
The Administrator, Amy Maxner reads the following statement:
that may 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
public who wish to watch the 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 February 24, 2021 is made by Mr. Mabon, seconded by Mr. Lynch.
Vote 5-0, Unanimous.
General/New/Old Business
Eagle Scout Boardwalk Project, Bruin Hill (Nicholas Raposo)
Nicholas Raposo, Eagle Scout Troop #82 presents. The proposal consists of a boardwalk to be built at the entrance
to the Bruin Hill Trail. The boardwalk will be 48-feet composed of eight 6-foot sections, each section will be made
up of three 8-inch wide planks and supported by two 4 ½-foot planks on each end. The goal is to have the
boardwalk completed by April 24, 2021.
7:05 p.m., Mr. Capachietti joins the meeting.
Mr. Mabon states that some of the sections of the trail are wetter than others and suggests doubling up
sleepers to prevent sinkage of the boardwalk due to the length.
Mr. Lynch states preventing flotation of the boardwalk is also important. He questions if they proposed to
anchor the boardwalk, so it does not float away during the wet season. Eagle Scout Raposo states he is
currently working with someone on how to anchor the boardwalk.
Mr. Lynch recommends they consider helical piles/screw-in anchors and chains to help with flotation.
Mr. Mabon states there is to be no cutting of wood materials within the wetland resource area or Buffer Zone.
All cut materials should be transported to the location for final placement.
The Commission agrees a cutting location is to be determined by conservation staff at the preconstruction
meeting. Anchor details are to be reviewed by conservation staff prior to the start of construction.
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A motion to issue a Friendly Enforcement Order for the construction of the boardwalk is made by Mr. Lynch,
seconded by Mr. Mabon.
Vote 6-0, Unanimous.
Documents
Bruin Hill Trail Boardwalk Locus Map, Nicholas Raposo- Small Project proposal, Trail Map
Certificate of Compliance
242-449, Partial COC Request, 464 Appleton Street (Touchstone Closing & Escrow, LLC)
The Administrator states she is waiting for the Town Engineer to receive a quote for services to prepare an as-
built plan for the sewer.
Mr. Napoli states there is an outstanding bond and escrow being held for the project. He believes this is the
obligation of the applicant to produce an as-built plan.
The Commission discusses the process of seizing the bond to satisfy the requirements of the Order of
Conditions. They agree the bond needs to be seized prior to Public Works seeking proposals for an as-built
plan.
A motion to seize the bond to satisfy the Order of Condition is made by Mr. Manzi seconded by Mr. Lynch.
Vote 6-0, Unanimous.
A motion to continue to March 24, 2021 is made by Mr. Manzi, seconded by Mr. Lynch.
Vote 6-0, Unanimous.
Documents
02-24-2021 Meeting Materials
Notice of Intent (NOI)
242-1787, 135 North Ramp Road (DeRosa)
The Administrator states the applicant has requested a continuance.
A motion to continue to March 24, 2021 is made by Mr. Lynch, seconded by Mr. Mabon.
Vote 6-0, Unanimous.
Documents
Email from dcowell@hancockassociates.com requesting a continuance until 3/24/21
NACC #271, 1550 Salem Street (Carter)
The Administrator states the applicant has requested a continuance.
A motion to continue to March 24, 2021 is made by Mr. Mabon, seconded by Mr. Lynch.
Vote 6-0, Unanimous.
Documents
Email from bill@wetlandslm.com requesting a continuance until 3/24/21
242-1805, 115 Ogunquit Road, Lot 4 (Breen) & 242-1806, Boxford Street, Lot 9 (Map 105A Lot 24) (Breen)
The Administrator states the applicant has requested a continuance.
A motion to continue to March 24, 2021 is made by Mr. Lynch, seconded by Mr. Capachietti.
Vote 6-0, Unanimous.
Documents
Email from john@morincameron.com requesting a continuance until 3/24/21
242-1807, 108 Rosemont Drive (Shetty)
The Administrator states the project involves removal of an existing set of rear stairs and construction of a
sunroom addition with associated exterior stairs and landing at the rear of the house. The sunroom will be
supported by precast concrete footings. The work is within the existing lawn and will be approximately 75-
feet from the edge of BVW at its closest point. There is a topographic divide between the rear of the yard and
the woods. Seekamp Environmental delineated the wetland in December 2020 with a dusting of snow on the
ground, by vegetation only. A site visit was performed today and there is still a decent amount of snow on the
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Approved 3/24/2021
property, which prohibited the viewing of the ground conditions. A file number was issued by DEP with no
comments.
Tom Bloch, Morgan Exteriors, LLC contractor for the project is present for questions.
Mr. Mabon would like to know if the wetland is obvious or if another site visit is required.
The Administrator states the wetland line is not obvious.
Mr. Manzi states he is not comfortable with snow covered delineations and would prefer the delineation be
confirmed when the ground is visible.
Mr. Napoli expresses concerns that the plan submitted is not topographical.
Mr. Lynch agrees with Commissioner Napoli that topo is critical, there is additional work on the plan is
required to meet the filing requirements.
The Commission agrees the plan does not meet the filing requirement for an NOI. Topo should be included
on the plan and the wetland line needs to be confirmed by the Administrator.
Mr. McDonough questions if the buffer zones are being adhered to and whether a physical barrier or signage
should be required.
The Administrator states no wetland violations are visible and that the edge of lawn is the historic edge of
lawn. She agrees that wetland markers should be conditioned in the Order.
Mr. Capachietti agrees topographical details on the plan would be helpful to establish distances.
The Commission requests the Administrator confirm the wetland line in the field once the ground is visible.
And that a new plan is prepared to meet the NOI checklist requirements.
A motion to March 24, 2021 is made by Mr. Manzi, seconded by Mr. Lynch.
Vote 6-0, Unanimous.
Documents
108 Rosemont 03-09-21 Pics, cert_of_mail_receipts_20067, Complete NOI Filing 20067, Energy &
Environmental Affairs DEP#
242-1808, Beechwood Drive (Map 34, Lot 50) (The Stubblebine Company)
The Administrator states the proposal consists of construction of a 3-story self-storage facility, with a
footprint of 30,000 s.f., 26 parking spaces with associated drive isles, underground infiltration chambers,
perimeter fencing, grading and utilities. The Planning Board is currently reviewing the project. The initial
peer review was performed by Horsley Witten. A site visit was conducted and virtually all of the snow has
melted on the site. The wetland was reviewed however the Administrator has additional questions on some of
the flag locations and a depression located at the northwest corner of the site, she requests additional time to
investigate.
Mr. Mabon questions if the parking area is outside the 50-foot NBZ.
Jason Hill, TFMoran, Inc. states the review of some of the flagging is in process, any necessary changes will
be made next week. The Zoning Board of Appeals approved the variance for contiguous buildable area last
night. The project will impact the outer area of 50-foot NBZ with some temporary grading impacts within the
25-foot NDZ and 50-foot NBZ. Some of the parking and driveway for the warehouse are proposed in the 50-
foot NBZ and 100-foot Buffer Zone. A small corner of the storage facility will be within the 50-foot NBZ.
They are proposing 10,000-13,000 s.f. of total impact in the 50-foot NBZ and 100-foot Buffer Zone. They are
working on a written response to the drainage comments from Horsley Witten. The plans depict topography
and erosion control measures required by the contractor during construction. Due to the amount of
disturbance the project will require a SWIPP to be submitted by the contractor. The style of the building has
allowed them to build the building into the topography and minimize cutting and filling. They are seeking any
additional feedback from the NACC.
Mr. Lynch believes the application requires action and permits from other boards. If the work, they are
proposing between the 25 and 50 is grading work he believes there may be a compelling argument for a good
alternative. No work will be allowed in or closer than the 25-foot NDZ.
Mr. Manzi refrains from comment based on lack of information on the wetland delineation, stormwater
review and pending SWPPP.
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Mr. Lynch would like to know if they have received a waiver from the Planning Board for the parking lot
alteration or if it is still pending.
Mr. Hill states the waiver request will be discussed at the Planning Boards next meeting. If the request is
denied they will adjust the NOI.
Mr. Lynch states this request needs to be documented and solidified before the applicant comes before the
NACC.
The Commission discusses the topography of the plan and agrees that a cross section is not required at this
time.
Mr. Capachietti would like to know if the mechanicals for the building will be on the rooftop or if they will
need to accommodate a pad on the site. He suggests a particle separator upstream of the infiltration system to
prevent clogging. If any revisions are required, he requests the applicant to speak with the Administrator
A motion to March 24, 2021 is made by Mr. Manzi, seconded by Mr. Lynch.
Vote 6-0, Unanimous.
Documents
1st Peer Review Beechwood Dr 02-25-21, Abutter Notification Form - Remote Meeting Revised 07 17 20 (1),
Beechwood Plan Set, Energy & Environmental Affairs Data Portal, NOI.ASPX_complete_final
Enforcement Order/Violation
0 Turnpike Street (Middleton Farm Supply)
The Administrator states a site visit was performed by the Field Inspector today. He reported that significant
progress has been made. The majority of the cut wood and brush piles have been removed from the wetland
and the 25-foot Buffer Zone. Vehicles, trailers, equipment and the asphalt pile have all been removed from
the areas. The trash has been removed from the wetland and 25-foot Buffer Zone, there are a few items that
need to be cleaned up. They have started to place boulders at the 25-foot NBZ to serve as a barrier.
Mr. Mabon feels they should keep a closer eye on the property if the landscaping companies are still operating
from the site.
The Field Inspector states the companies were packing up today and that their vehicles are no longer there.
Mr. Lynch states the landowner is making good faith to comply with the EO requirements thus far.
Mr. Mabon would like to ensure that invasive plants are identified during the field inspections and that the
owner understands they are to be removed as part of the EO as discussed at the previous meeting.
The Field Inspector states he understands the request.
A motion to continue to May 12, 2021 is made by Mr. Manzi, seconded by Mr. Lynch.
Vote 6-0, Unanimous.
Documents
02-24-2021 Meeting Materials, 20210310_130732 (1), 20210310_130807 (1), 20210310_130823 (1),
20210310_130847, 20210310_130920
8:06 p.m., The Chairman informally polled the Commission on the possibility of resuming in person meetings,
which was received with mixed responses.
Signature Authorization - Permits Issued at the 03/10/2021 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;
o Friendly Enforcement Order for Eagle Scout Boardwalk Project, Bruin Hill.
o A motion to allow the Administrator to sign the permits as proposed is made by Mr. Manzi, seconded
by Mr. Lynch.
Vote 6-0, Unanimous.
Adjournment
A motion to adjourn at 8:11 p.m. is made by Mr. Lynch seconded by Mr. Manzi.
Vote 6-0 Unanimous.
2021-03-10 Conservation Commission Minutes