HomeMy WebLinkAbout2021-05-26 Conservation Commission Minutes
Page 1 of 11
Approved 7/14/2021
North Andover Conservation Commission Meeting Minutes
May 26, 2021
Members Present: Louis A. Napoli, Chairman (in-person/present), John T. Mabon (remote present), Joseph W.
Lynch (in-person/present), Albert P. Manzi, Jr., Vice Chairman (in-person/present) and Sean F. McDonough (in-
person/present)
Members Absent: Anthony Capachietti
Staff Members Present: Amy Maxner, Conservation Administrator (in-person/present) and Taylor Andrews,
Field Inspector (in-person/present)
Meeting came to Order at: 7:05 p.m. Quorum Present.
Pledge of Allegiance
Acceptance of Minutes
A motion to accept the minutes of April 14, 2021 & April 28, 2021 is made by Mr. Lynch, seconded by Mr.
McDonough.
Vote 5-0, Unanimous.
Notice of Intent
242-1800, 158 Forest Street (Triano)
The Administrator states that a site inspection was performed on April 27th, both the applicant and
attorney believes that the Commission has broad discretion to issue waivers under the Regulations, Section
5.2. The Commission feels strongly that pursuant to Regulations Section 3.1 Ephemeral Pool was very narrow
on what the Commission can waive depending on the activities. The Administrator believes that the
Commission has sufficient information in order to decide. The Administrator recommends closing the hearing
and issuing a decision in 21 days.
7:09 p.m. NACAM experiences technical difficulties.
7:12 p.m. Technical difficulties are resolved and the meeting resumes.
The Administrator provides a brief recap of what was discussed.
Mr. Napoli states he believes the proposal should be denied due to lack of specific information as well as
confirmation on species found within the Ephemeral Pool.
Mr. Lynch does not believe there is enough compelling evidence to allow the Commission to grant a waiver.
The Commission discusses the proposal and agrees they are not in favor of granting a waiver.
Donald Borenstein, Johnson & Borenstein, LLC and David Cowell, Hancock Associates are present on behalf
of the applicant.
Mr. Cowell presents a revised proposal for consideration by the Commission.
A motion to deny the waiver request is made by Mr. McDonough, seconded by Mr. Lynch.
Vote 5-0, Unanimous.
A motion to close and issue in 21 days is made by Mr. McDonough, seconded by Mr. Lynch.
Vote 5-0, Unanimous.
Documents
01-13-2021 Meeting Materials, 01-27-2021 Meeting Materials, 02-10-2021 Meeting Materials, 12-09-2020
Meeting Materials, 158 Forest Ephemeral Pool Investigation Findings - 05-06-21, 158 Forest St Aerial
Exhibit, Letter to ConComm re Waivers 2021-05-07, North Andover Wetlands Protection Regulations
(Effective 03 23 2016)
2021-05-26 Conservation Commission Minutes
Page 2 of 11
Approved 7/14/2021
242-1814, 3 Great Pond Road (Finbury)
The Administrator states the project involves the conversion of the building into 3 condominiums, with
associated grading, parking and stormwater management facilities. Two parcels have been merged for this
project to accommodate space for the needed parking. The project is currently before the Planning Board,
they are poised to close and approve depending on the outcome of Con Com review. A stormwater review
was conducted by the Town Engineer, he has recommended test pits to determine seasonal high groundwater
elevation to make sure that the bottom of the infiltration chamber is 2-feet above groundwater. The activities
within the Buffer Zone to BVW and bank of brook include removal and loaming and seeding of paved
driveway at the west side of the building. Repaving and pavement extension with associated retaining walls to
the east and south of the building to create six (6) new parking spaces, portions of which are in the 50-foot
NBZ. A waiver request and alternatives analysis was submitted for this request. Installation of catch basins
and subsurface infiltration chamber immediately behind the building. The wetland line was reviewed, and two
flag changes were requested. A revised plan depicting these changes has been provided. The brook was
evaluated for intermittence or perennial status, Stream Stats calculate the watershed at .18 square mile which
is well below the .50 square mile threshold.
n the area as
proposed. He would like to know whether it can be relocated underneath the parking area.
Mr. Lynch states that although the proposed parking has corners that are clipping the 50-foot NBZ he believes
this to be a net improvement offset by the removal of the existing pavement to the left of the building. He
does not feel they have enough information to comment on the location of the stormwater infiltrator. He
questions if there is a hydraulic reason for the placement of the infiltration chamber. He does not have
concerns with the water engagement due to the steepness of the bank. He does not believe the wetland to be
high-quality due to the invasive plants and questions if there is an opportunity to incorporate invasive control.
The Administrator states that the wetland is off-site.
Mr. Manzi states this is an active wetland that supports a lot of runoff. He is in support of the test pits
recommended by the Town Engineer.
Mr. Mabon states that he is in favor of moving the infiltration chamber and additional separation from
seasonal high groundwater.
Elizabeth Wallis, Hayes Engineering, Inc. states the parking lot was considered as an alternative location for
ook into conducting test
pits requested by the Commission.
The Administrator states that the removal of pavement will help to reduce erosion and recommends a shade
seed mix be used on the slope.
Mr. Lynch expresses concerns with the possible creation of a point source discharge within the 50-foot NBZ.
The Administrator reads a letter from Michael & Louise Donovan, an abutter, who expresses concerns on the
proposed project.
Mr. Manzi requests that a copy of the letter be provided to the applicant to prepare a response for the next
meeting.
A motion to continue to June 9, 2021 is made by Mr. Manzi, seconded by Mr. Lynch.
Vote 5-0, Unanimous.
Documents
NOA3GreatPondNational MapLocus, NOA3GreatPondRdConComResp, NOA3GreatPondStreamStatsRpt,
Energy & Environmental Affairs DEP#, Great Pond Road 3 - Legal Notice 05 05 21 - Public Notice, Great
Pond Road 3 - Legal Notice 05 05 21 - Tribune, LettertoConservaton5.26.21,
NOA3GreatPondNOFilingSecC, NOA3GreatPondNOIFilingSecA, NOA3GreatPondNOIFilingSecB,
NOA3GreatPondNOIfilingSWChecklist, NOA3GreatPondNOIPlans4-29-21, NOA3GreatPondREvsdPlans,
NOAGreatPond DPW Engineering final comment
242-1813, 221 Webster Woods Lane (Ghandchi)
The Administrator states the project involves demolishing the existing deck, stairs and patio underneath
and rebuilding a larger deck and expanded patio. The new deck and patio would be closer to the wetland and
2021-05-26 Conservation Commission Minutes
Page 3 of 11
Approved 7/14/2021
within the 75-foot NBZ to the Ephemeral Pool at Wetland Series A. They have also proposed the installation
-foot NBZ to the potential Ephemeral Pool at Wetland Series B. All of the
proposed work is within the existing manicured lawn. Wetland Series A contains an Ephemeral Pool and
Wetland Series B has a potential Ephemeral Pool; these systems are not hydrologically connected. The house
and deck were constructed in 2000 under an OOC (242-816) for the Campbell Forest subdivision; a PCOC
was issued for this lot. The house and deck were compliant with the 50-foot NBZ at that time; the Ephemeral
Pool had not been identified. The Administrator states that she forewarned the project consultant and
applicant that the Commission would not look favorably on increased encroachment into the 75-foot NBZ
given the Ephemeral Pool standards. A waiver request has been submitted. The Administrator suggested that
the applicant operate within the existing footprints of the deck and patio, moving the expansion north out of
the 75-foot NBZ.
The Commission discusses the waiver request and agrees they are not in favor of the waiver request as
presented. They request the applicant explore some viable alternatives that meet their needs as well as the
requirements of the NACC Bylaw.
James Hanley, Civil Design Consultants, Inc. presents pictures of the existing site. There is 140-s.f. of
existing disturbance in the 75-foot NBZ; they propose to increase this by 274-s.f. (less than 1%) there is a
total of 41,203-s.f. inside the 75-foot NBZ. All of the proposed work is within a maintained lawn, no tree
clearing, or stumping is required. There is a ledge outcrop and landscape retaining wall between the proposed
work and Ephemeral Pool. The existing patio is 65-feet from the Ephemeral Pool, the proposed patio will be
58-feet from the Ephemeral Pool. The proposal will increase the vegetation between the existing deck and
proposed patio. The patio will not exceed the existing lawn.
Mr. Lynch would like the applicant to consider adjusting the corner of the patio and requests a better
evaluation of the deck, deck structure and whether it could be cantilevered.
Mr. Manzi states he will not vote for the project as is and requests the applicant redesign the project so that it
is compliant.
Mr. Hanley requests to continue until June 9, 2021.
A motion to continue to June 9, 2021 is made by Mr. McDonough, seconded by Mr. Manzi.
Vote 5-0, Unanimous.
Documents
21-10281_Abutters COM_043021, 20210406_093948, DOC042921, Energy & Environmental Affairs DEP#,
Memo_052621, NOI Report 4-29-21, Site Plan Set 4-29-21, Webster Woods Lane 221 - Legal Notice 05 05 21
- Public Notice, Webster Woods Lane 221 - Legal Notice 05 05 21 - Tribune
242-1811, 1600 Osgood Street (Rt. 125) Pump Station & Sewer Extension (North Andover DPW)
The Administrator states the proposal consists of a new sewer pump station at the northern tip of 1600
Osgood Street on a 0.2-acre easement in a grassy area. The pump station will consist of a wet well with
submersible pumps, valve vault, electrical distribution and control pad, meter vault, stand by generator,
asphalt driveway for access and parking and stormwater management BMPs. All work aside from minor
grading, is outside the 50-foot NBZ to BVW Series 13. A Stormwater Report has been provided, calculations
show 80% TSS removal and compliance with current standards. A 2.7-mile stretch of Osgood Street from
Bradford Street to Sutton Street just west of Old Clark Road will receive new sewer lines. A section between
Bradford and just north of 1210 Osgood will receive a gravity main which will flow to the proposed pump
station. This same stretch will receive a force main. Sections of the force main that fell outside the
Commission's jurisdiction have already been installed. Gravity and force mains will be installed entirely
within paved roadway portions of which are within the 100', 50' and 25' to wetlands adjacent to the roadway.
A waiver request has been submitted. The proposed management system for the pump station is entirely
separate from anything on the Ozzy Properties or the Amazon site.
Mr. Lynch expresses concerns with maintaining the function and viability of the existing culverts and
questions if test pits were done. He believes it is important to come up with a design at each of the culvert
crossings that they go under.
2021-05-26 Conservation Commission Minutes
Page 4 of 11
Approved 7/14/2021
Olivia Lafond, Woodward & Curran states the project area has been surveyed and the inverts of the culverts
taken. Some areas they will go under and some above, this has been depicted on the plans they submitted.
Typically, the culvert can be braced if they go under due to the size of the pipe being installed. The
application was reviewed by MassDOT.
Mr. Napoli questions if the stormwater should be part of the Amazon calculations since it is located on the
Amazon site.
Mr. Lynch states the stormwater must meet the standards regardless of who is responsible for the
maintenance. He would like to know if there is a stormwater analysis and drainage calculations that support
the stormwater management system.
The Administrator states the Town of North Andover is listed as the responsible party on the application.
Ms. Lafond states a Stormwater Report has been included.
The Commission discusses the possibility of third-party peer review. The Commission agrees a third-party
peer review is not required at this time and Mr. Lynch agrees to review it but may be required before they
close.
Mr. Mabon confirms the waivers requested are for the pipes in pavement which is an exempt activity.
The discussion is continued to allow time for the Commission to review the documentation.
A motion to continue to June 9, 2021 is made by Mr. McDonough, seconded by Mr. Manzi.
Vote 5-0, Unanimous.
Documents
20210429_NOI_Osgood Street Sewer, Energy & Environmental Affairs DEP#, Osgood Street 1600 (Rt. 125)
- Legal Notice 05 05 21 - Public Notice, Osgood Street 1600 (Rt. 125) - Legal Notice 05 05 21 - Tribune
242-1812, 42 Huckleberry Lane (Samali)
The Administrator states the proposal involves construction of an in-ground pool, associated grading,
retaining wall, rip-rap slope, concrete patio, stairs, fencing and pool equipment. All of the work is within the
100-foot Buffer Zone to BVW but outside the 50-foot NBZ within the existing lawn. The proposed
nting permission for
access was received. A retaining wall cross section was provided for a versa-lock modular concrete block
wall. The top elevation of the wall is between 163 to 166.5 with a height varying from .5' to 4.5'. The work is
50.6-feet from the edge of BVW, no waivers have been requested. A detention basin is located between the
area of work and the wetland, with a rip rap retaining wall between the edge of the lawn and basin. The
wetlands were delineated by Wetlands & Land Management and found it to be accurate. Per the engineer they
do not anticipate they will encounter groundwater during excavation as this is an area of elevated fill.
Mr. Mabon confirms that the Commission will require a cartridge style pool filter.
A motion to close and issue in 21 days is made by Mr. McDonough, seconded by Mr. Manzi.
Vote 5-0, Unanimous.
Documents
42_Huckleberry_Neighbor_Consent, 12269TP01, 12269TP02, Energy & Environmental Affairs DEP#,
Huckleberry Lane 42 - Legal Notice 05 05 21 - Public Notice, Huckleberry Lane 42 - Legal Notice 05 05 21 -
Tribune, NOI 42 Huckleberry Lane
242-1810, Osgood Pond Dam (Sutton Pond Condominium Trust)
The Administrator states the applicant has requested a continuance.
A motion to continue to June 9, 2021 is made by Mr. Manzi, seconded by Mr. Lynch.
Vote 5-0, Unanimous.
Documents
Email from ltiv@gpr-inc.com requesting a continuance until 6/9/21
242-1787, 135 North Ramp Road (DeRosa)
The Administrator states the applicant has requested a continuance.
2021-05-26 Conservation Commission Minutes
Page 5 of 11
Approved 7/14/2021
A motion to continue to June 23, 2021 is made by Mr. Manzi, seconded by Mr. Lynch.
Vote 5-0, Unanimous.
Documents
Email from m_miller@lawrencemunicipalairport.com requesting a continuance until 6/23/21
242-1815, 59 Appleton Street (Duncan)
The Administrator states the applicant has requested a continuance.
A motion to continue to June 9, 2021 is made by Mr. Manzi, seconded by Mr. Lynch.
Vote 5-0, Unanimous.
Documents
Email from jacksull53@comcast.net requesting a continuance until 6/9/21
Request for Determination of Applicability
415 Boxford Street (Young)
The Administrator states the applicant has requested a continuance.
A motion to continue to June 9, 2021 is made by Mr. Manzi, seconded by Mr. Lynch.
Vote 5-0, Unanimous.
Documents
Email from reginajyoung@hotmail.com requesting a continuance until 6/9/21
234 Hay Meadow Road (Quigley)
The Administrator states the proposal is for an after-the-fact request for work replacing deck boards and
railings on an existing deck in the same footprint. No replacement of footings or ground disturbance occurred.
A site inspection was performed, and the deck is approximately 74-feet from BVW and 200-foot Riverfront
Area. The Administrator recommends closing the hearing and issuing a Negative #2 and #3 Determination.
A motion to issue a Negative Determination #2 and #3 is made by Mr. McDonough, seconded by Mr. Lynch.
Vote 5-0, Unanimous.
Documents
234 Hay Meadow Aerial Map - Wetland Measurement, Hay Meadow Road 234 - Legal Notice 05 05 21 -
Public Notice, Hay Meadow Road 234 - Legal Notice 05 05 21 - Tribune, RDA Application with Supporting
Materials 04 28 21
168 Campbell Road (Yasonik)
The Administrator states the proposal is for the installation of a natural gas line connection. The line will be
installed partially within an existing driveway for a stretch of 25-feet closest to Campbell Road, the remainder
will be installed along the edge of the driveway on the southwest side. The work is within the 25-foot NDZ to
wetlands located on either side of the driveway. A Vernal Pool is located on the easterly side of the driveway.
A trench 1-2 feet wide by 2-3 feet deep will be dug using backhoes and excavators. Trenching operations will
be limited to the length that can be completed in one day. The excavated material will be temporarily placed
alongside the trench and re-used as backfill. The pipe will be installed, backfilled and tamped. The previously
paved areas within the public way will be repaved. Any remaining excavated material will be the
responsibility of the homeowner. The Administrator reviews the waiver request that was submitted and agrees
that the driveway shoulder is the best route. The Administrator recommends closing the hearing and issuing a
Negative #3 Determination with a waiver and conditions as recommended.
8:30p.m., Mr. Lynch leaves the meeting.
The Administrator reviews the plan depicting the wetlands with the Commission.
pavement.
The Commission discusses the proposal.
Aleksandr Yasonik, the homeowner, states it was determined by the contractor that they would not be able to
fit the required machinery on the opposite side of the roadway due to the drop-off.
The Field Inspector confirms there is more of a slope on the right side of the driveway.
2021-05-26 Conservation Commission Minutes
Page 6 of 11
Approved 7/14/2021
A motion to approve the waiver request and issue a Negative Determination #3 (installation of erosion
controls, pre and post-construction site inspections and excess excavated soils to be removed from site) is
made by Mr. Manzi, seconded by Mr. Mabon.
Vote 4-0, Unanimous.
Documents
25-100-NDZ-Waiver-Request-Worksheet - 168 Campbell Gas Line, 168 Campbell Site Plan, Campbell Road
168 - Legal Notice 05 05 21 - Public Notice, Campbell Road 168 - Legal Notice 05 05 21 - Tribune, Gas Line
sketch, RDA Application with Supporting Materials 04 29 21, RDA WPA Application
Form_Gas_Line_and_3_Boulders_168_Campbell_Rd_North_Andover_Yasonik (1)
895 Forest Street (Tighe)
The Administrator states the proposal is for drainage improvements to an existing horse paddock. If left in its
current state, the risk of sediment runoff into the wetland is very high. The homeowner proposes to grade the
area and excavate down to a depth no greater than 12-inches and add a layer of stone dust/sand and top
dressing of gravel to improve drainage and stabilize the horse paddock. Most of the proposed work will occur
within the 100-foot Buffer Zone and 50-foot No Build Zone. The proposed work will be no closer than 25-
feet from the edge of the wetland. An established field stone delineates the 25-foot NDZ.
A motion to issue a Negative Determination #3 (installation of erosion controls, pre and post-construction site
inspections and excess excavated soils to be removed from site) is made by Mr. McDonough, seconded by
Mr. Manzi.
Vote 4-0, Unanimous.
Documents
895 Forest Plan RDA 2021, Forest Street 895 - Legal Notice 05 05 21 - Public Notice, Forest Street 895 -
Legal Notice 05 05 21 - Tribune, RDA Application with Supporting Materials 04 26 21
415 Chestnut Street (Cowan)
The Administrator states the proposal is for the demolition of a rear deck and construction of a larger deck off
the back of the house. The applicant is also proposing the construction of a deck at the front of the house to
connect both front doors. The current brick landings and dry laid stepping stones will be removed and
replaced with a deck. The wetlands were delineated by Rimmer Environmental and found to be accurate. The
project is within the 200-foot Riverfront Area to Mosquito Brook and a fringe BVW is located on either side.
The work will be no closer than an existing retaining wall that is just inside the 50-foot NBZ. The front deck
will be approximately 65-feet from the BVW at its closest point.
A motion to issue a Negative Determination #2 and #3 (installation of erosion controls, pre and post-
construction site inspections and excess excavated soils to be removed from site) is made by Mr.
McDonough, seconded by Mr. Manzi.
Vote 4-0, Unanimous.
Documents
415ChestnutRDAset, Chestnut Street 415 - Legal Notice 05 05 21 - Public Notice, Chestnut Street 415 - Legal
Notice 05 05 21 - Tribune, Chestnut415v4, img20210428_09554126
1520 Forest Street Ext. (Francis)
The Administrator states the proposal is an after-the-fact request for demolition of an existing deck and
construction of a patio in its place and the installation of a chicken coop. The patio is approximately 95-feet
from the BVW at its closest point and the chicken coop is approximately 60-feet from the BVW. Both
violations were found by Conservation Staff while responding to a tree removal request. The homeowner was
ordered to cease all work and file an after-the-fact RDA. Erosion controls have been installed as directed by
staff.
Mr. Manzi confirms with the Administrator that the property address for the project is correct.
A motion to issue a Negative Determination #3 (maintain erosion controls and post-construction site
inspection to verify compliance) is made by Mr. Mabon, seconded by Mr. McDonough.
2021-05-26 Conservation Commission Minutes
Page 7 of 11
Approved 7/14/2021
Vote 4-0, Unanimous.
Documents
1520 Forest Ext. RDA Plans, 1520 Forest Street Ext. Violation Letter, Forest St 1520 GIS Aerial, Forest
Street Ext. 1520 - Legal Notice 05 19 21 - Public Notice, Forest Street Ext. 1520 - Legal Notice 05 19 21 -
Tribune, RDA Application with Supporting Materials 05 12 21
Amendment
242-1721, 562 Boxford Street (Heider)
The Administrator states the Commission denied the previous Modification request and directed the applicant
to submit for an Amendment, which was value engineered and removed the maximum number of new
elements within the 75-foot NBZ and removed the front porch from the 75-foot NBZ. A revised plan was
submitted that depicts the front porch and bulkhead as originally proposed, the rear patio is now walkways
and the decks have been shrunk to landing/steps. The gas service has been relocated outside the 50-foot NDZ.
The Administrator states she advised the applicant and engineer that the Commission requested the front
porch to be shrunk and removed from the 75-foot NBZ. An alternatives analysis with calculations was
provided. The approved house footprint was to be 50.4-feet from the wetland and the actual new foundation is
52.5-feet.
The Commission discusses the original Order issued in May 2018.
hy
the front porch can't be moved outside of the 75-foot NBZ.
John Morin, Morin-Cameron Group, Inc. states the original approval was for a building envelope and
driveway. Calculations were done and it was determined that the existing dwelling with the front porch as
proposed was less than the approved structure. He states that the porch can be moved outside of the 75-foot
NBZ while allowing access to the front door; they felt it was following the approved building footprint. The
structures they are proposing in the NBZ are 40-s.f. less than what previously existed in both the NBZ and
NDZ. A waiver request was submitted for the walkway, back landing and bulkhead. The walkways are no
closer to the wetland than the existing structure was approved. If allowed to keep the proposed porch as is
they offer to eliminate the walkway from the back landing and install stepping stones with a walkway off the
other set of stairs located outside of the 75-foot NBZ.
Commissioner Napoli and McDonough believe in order to consider the waiver request the porch needs to be
removed from the 75-foot NBZ.
Mr. Manzi requests the Administrator to research if the Commission grandfathered the new structure during
the permitting process. If not, the new structure will need to be brought into compliance.
Mr. Mabon believes the porch should be moved to minimize the impacts in the 75-foot NBZ. He believes the
impervious area within the 75-foot NBZ at the rear of the house can be addressed with pervious pavers/or
stepping stones.
Mr. Morin requests to continue to the next hearing.
A motion to continue to June 9, 2021 is made by Mr. Manzi, seconded by Mr. McDonough.
Vote 4-0, Unanimous.
Documents
20210414_075411, 20210414_075520, Abutter Notification Form - Remote Meeting Revised 07 17 20,
Abutters - 4-20-2021, AOOC Request 562 Boxford St_Updated, Boxford Street 562 - Legal Notice 05 05 21 -
Public Notice, Boxford Street 562 - Legal Notice 05 05 21 - Tribune, Cert of Proof of Mailing - Abutters - 562
Boxford St - AOOC, Legal Public Notice 5-12-2021 NACC - AOOC, Site Dev Plan_Revised 4-27-2021
242-1692, 1210 Osgood Street (Princeton Development & Forgetta Development)
The Administrator states the applicant has requested a continuance.
A motion to continue to June 9, 2021 is made by Mr. Mabon, seconded by Mr. McDonough.
Vote 4-0, Unanimous.
Documents
n/a
2021-05-26 Conservation Commission Minutes
Page 8 of 11
Approved 7/14/2021
Certificate of Compliance
242-1694, 25 Hidden Court (Koskores)
The Administrator provides background on the Order issued in December of 2016. The limit of work was
respected, the site is stable and wetland markers have been installed. The engineer's certification letter points
out that the patio is smaller than proposed plan and the deck is further from the wetland than proposed. A
swing set was installed in the lawn area, a small portion of which is within the 50-foot NBZ. A fence was
installed along the top of the new sloped lawn inside the 50-foot NBZ, 35-feet to the edge of BVW at its
closest point. The play area is on an existing mulched area within an established lawn.
The Commission reviews photographs of the site.
A motion to issue a full and final Certificate of Compliance is made by Mr. Manzi, seconded by Mr. Mabon.
Vote 4-0, Unanimous.
Documents
25 Hidden Court - As-Built Plan, 25 Hidden Court - COC Request, 20210510_121042, 20210510_121049,
20210510_121128, APPROVED Plan - 25 Hidden Court
242-1727, 404 Summer Street (Smyser)
The Administrator provides background on the Order issued in January of 2018. According to Condition #35,
restoration plantings were required within the 25-foot NDZ to both the A Series and B Series wetlands. A
modification request was submitted and approved in May 2020 for the installation of a paver patio with a
firepit that was built to the approved specs. Conservation Department staff visited the site and confirmed that
the site is stable and wetland markers are in place. The Administrator recommends issuing a full Certificate of
Compliance.
A motion to issue a full and final Certificate of Compliance is made by Mr. Mabon, seconded by Mr.
McDonough.
Vote 4-0, Unanimous.
Documents
521003 - 2021-03-01 - 404 SS - As-built Plan, 20210525_102530, 20210525_104105, COC Request Letter 05
01 21, Compliance letter 3-25-21, wpafrm8a 242-1727
Small Project
NACC #272, 95 Amberville Road (Kandpal)
The Administrat
The proposed deck is approximately 74-feet from the BVW at its closest point, entirely within the lawn area.
They have proposed three (3) 12"x 48" concrete footings to be installed into an existing patio and/or existing
lawn. There is a topographic rise from the back of the house to the wetland area which prevents the risk of
sedimentation from the work. The Administrator recommends approval of the project under Category "A"
with conditions (erosion controls, removal excavated materials from site and pre and post construction
inspections).
with conditions as recommended is made by Mr. McDonough,
seconded by Mr. Manzi.
Vote 4-0, Unanimous.
Documents
95 Amberville Rd Updated Deck Plan - Revised 05 13 21, 20210422_102209, 20210422_102652 (1),
Amberville Rd 95 Erosion Control Location, Small Project Application with Supporting Materials 05 06 21
NACC #273, 99 Hay Meadow Road (Cooper Bro. Asphalt Paving)
The Administrator states the proposal is for an in-kind replacement of the existing driveway. The old asphalt,
loam, rocks, etc. will be excavated and the driveway will be graded and compacted with a 4-inch gravel base,
2-inches of binder coat asphalt will be installed, and 1.5-inches of finish coat asphalt will be applied. Our
Field Inspector visited the site and reported the following: at its closest point, the driveway is approximately
18-feet from the BVW. In consultation with the chairman, a Small Project Permit was recommended for this
2021-05-26 Conservation Commission Minutes
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Approved 7/14/2021
project due to the scope of work. The driveway is in rough condition and could not be overlaid. The
Administrator recommends approval of the project under Category "L" with conditions.
The Commission discusses the project and agrees an RDA application needs to be submitted for the work
proposed.
A motion to continue to June 9, 2021 is made by Mr. Manzi, seconded by Mr. Mabon.
Vote 4-0, Unanimous.
Documents
20210413_091300, Hay Meadow Rd 99 GIS Plan, Small Project Application 05 13 21
NACC #274, 115 Cricket Lane (Collier Home Improvements)
The Administrator states the proposal is for an in-
located approximately 95-feet from BVW at its closest point. The existing decking, railings and trim boards
will be removed, existing footings will remain in place, no ground disturbance. The Administrator
recommends approval of the project under Category "B" with post-construction inspection to ensure
compliance.
with conditions as recommended is made by Mr. McDonough,
seconded by Mr. Manzi.
Vote 4-0, Unanimous.
Documents
Cricket Lane 115 GIS Aerial, Small Project Application 05 14 21
Modification
242-1755, 0 Rea Street, Lots 5-7 (LRC Builders)
stairs on Lot #5 at 74.3- paver patio on Lot
#6 outside of the 100-foot BZ and just outside the 200-
and stairs on Lot #7 at 65.9-feet from BVW and 125-feet from MHW. No waivers are required for the work
proposed. The Administrator recommends approving the modifications as presented.
A motion to approve the Modifications as proposed is made by Mr. Mabon, seconded by Mr. Manzi.
Vote 4-0, Unanimous.
Documents
2021-04-29 Lots 5- 7 minor modification con com, 2021-04-29 Minor Mod Plan Lots 5-7
242-1789, 35 Hawthorne Place (Fresen)
The Administrator reviews the Order, which was issued in July of 2020, work is ongoing and in compliance.
The applicant is proposing to install a surrounding paver patio with a short landscape retaining wall with
stone between the patio and wall. The proposed patio is outside the 50-foot NBZ, with 3-feet of width behind
it. No waivers are required for the work proposed. The Administrator recommends approving the
modification requiring that the paver patio remain pervious.
A motion to approve the Modification with requirement of pervious pavers is made by Mr. Mabon, seconded
by Mr. Manzi.
Vote 4-0, Unanimous.
Documents
MLF Project Description ADDENDUM, Proposed Patio Addendum #35 Hawthorn Place, Triad Sketch
242-1745, 350 Winthrop Avenue (Delta MB, LLC)
The Administrator states the Modification is in response to an EO issued by the Commission for snow storage
violations. The Commission required that this snow storage plan be stamped by a PE/PLS and formally
submitted as a modification to the existing Order. The plan depicts all of the elements requested by the
NACC. The Administrator recommends accepting this as part of the record as a Modified Snow Storage Plan.
A motion to approve the Modification as proposed is made by Mr. Manzi, seconded by Mr. McDonough.
Vote 4-0, Unanimous.
2021-05-26 Conservation Commission Minutes
Page 10 of 11
Approved 7/14/2021
Documents
2019-07-19 TEC N Andover Culvert Replacement Plans, 2021-04-29 DSM Snow Stockpile Plan STAMPED,
Delta MB N Andover Conservation Commission
242-1735, 1429 Osgood Street (Oliver Enterprises, Inc.)
The Administrator states the applicant has requested a continuance.
A motion to continue to June 9, 2021 is made by Mr. Manzi, seconded by Mr. McDonough.
Vote 4-0, Unanimous.
Documents
Email from Chris@oliver-enterprises.com requesting a continuance until 6/9/21
Enforcement Order/Violation
0 Turnpike Street (Middleton Farm Supply)
The Administrator provides background information on the EO issued by the NACC requiring removal of
construction wood and other debris from the IVW on site and establishing the 25-foot NDZ with a permanent
barrier. A deadline of May 1, 2021 was given to perform these corrective actions or face a $25/day fine. The
owner completed these tasks in advance of the deadline. A combination of rocks and pressure treated 4x4's
with wetland markers have been installed to demarcate the area. All foreign material has been removed; some
piles of natural wood remain for habitat purposes. Empty trailers were placed to keep other activities away
from the wetland. The Administrator recommends to lift the Enforcement Order as compliance has been
achieved.
A motion to lift the Enforcement Order is made by Mr. Manzi, seconded by Mr. Mabon.
Vote 4-0, Unanimous.
Documents
02-24-2021 Meeting Materials, 03-10-2021 Meeting Materials, 20210513_081009.jpg,
20210513_081028.jpg, 20210513_081236.jpg
177 Great Pond Road (Strecker)
The Administrator provides background information on the Amended EO issued by the NACC requiring the
submission of an ANRAD by May 1st. The applicant was able to secure the services of Norse right away to
perform the delineation, but the surveyor has been behind schedule. The applicant/Norse are asking for an
extension to July 1st for ANRAD submittal deadline. Per the consultant the surveyor will be able to perform
the survey in time for Norse to submit the ANRAD by the end of June. A site inspection has been scheduled
with the consultant and homeowner to walk the wetland line. The Administrator recommends granting the
extension with no fines.
A motion to grant the extension until July 1, 2021 with no fines is made by Mr. Manzi, seconded by Mr.
McDonough.
Vote 4-0, Unanimous.
Documents
01-27-2021 Meeting Materials, 03-24-2021 Meeting Materials
50 Duncan Drive (Jeong)
The Administrator states the applicant has requested a continuance.
A motion to continue to June 9, 2021 is made by Mr. Manzi, seconded by Mr. McDonough.
Vote 4-0, Unanimous.
Documents
Email from qdexcyma@gmail.com requesting a continuance until 6/9/21
268 Raleigh Tavern Lane (Atallah)
The Administrator states the applicant has requested a continuance.
Project continued to the June 9, 2021 meeting due to lack of quorum.
Documents
2021-05-26 Conservation Commission Minutes
Page 11 of 11
Approved 7/14/2021
Email from jonathan@grassoconstruction.net requesting a continuance until 6/9/21
Signature Authorization
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 Request for Determination for 234 Hay Meadow Road, 168 Campbell Road, 895 Forest Street, 415
Chestnut Street and 1520 Forest Street Ext. Certificate of Compliance for 25 Hidden Court and 404
Summer Street. Small Project for 95 Amberville Road and 115 Cricket Lane. Modification for 0 Rea
Street, Lots 5-7, 35 Hawthorne Place and 350 Winthrop Avenue.
o A motion to allow the Administrator to sign the permits as proposed is made by Mr. Manzi, seconded
by Mr. Mabon.
Vote 4-0, Unanimous.
Adjournment
A motion to adjourn at 9:35 p.m. is made by Mr. Mabon, seconded by Mr. Manzi.
Vote 4-0 Unanimous.
2021-05-26 Conservation Commission Minutes