HomeMy WebLinkAbout2021-06-09 Conservation Commission Minutes
Page 1 of 7
Approved 7/14/2021
North Andover Conservation Commission Meeting Minutes
June 9, 2021
Members Present: Louis A. Napoli, Chairman, Joseph W. Lynch, Albert P. Manzi, Jr., Vice Chairman, Sean F.
McDonough and Anthony Capachietti
Members Absent: John T. Mabon
Staff Members Present: Amy Maxner, Conservation Administrator, Taylor Andrews, Field Inspector
Meeting came to Order at: 7:02 p.m. Quorum Present.
Pledge of Allegiance
Acceptance of Minutes
The minutes for the May 26, 2021 meeting are not ready for review.
Notice of Intent (NOI)
242-1810, Osgood Pond Dam (Sutton Pond Condominium Trust)
The Administrator states the applicant has requested a continuance.
A motion to continue to June 23, 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 6/23/21
242-1811, 1600 Osgood Street (Rt. 125) Pump Station & Sewer Extension (North Andover DPW)
The Administrator provides background on the proposal for a new sewer pump station and sewer line. A
continuance was requested at the last meeting to allow time for the Commission to review the Stormwater
Report. Some work is within the 25-foot NDZ and 50-foot NBZ, all work is within the existing paved
roadway.
Mr. Lynch states that he has reviewed the Stormwater Report. He wanted to ensure all the potential crossings
of culverts and other stormwater areas are reviewed ahead of time.
Rhianna Sommers, Epsilon Associates, Inc., Olivia Lafond & Paul Southworth, Woodward & Curran are
present on behalf of the applicant.
A motion to approve the waiver of the 25-foot NDZ and 50-foot NBZ for a new utility within existing
pavement is made by Mr. Lynch, seconded by Mr. Manzi.
Vote 5-0, Unanimous.
A motion to close and issue in 21 days is made by Mr. Lynch, seconded by Mr. Manzi.
Vote 5-0, Unanimous.
Documents
05-26-2021 Meeting Materials
242-1813, 221 Webster Woods Lane (Ghandchi)
The Administrator provides background on the proposal for the demolition of an old deck and construction of
a new deck and patio expansion. A revised plan was submitted working inside the existing footprint, not
seeking a waiver in the 75-foot NBZ; the revised plan is compliant. All work is within the existing lawn, no
vegetation removal is required. The shed has been eliminated from the plan. The Administrator recommends
closing the hearing and issuing a decision in 21 days.
Mr. Manzi would like to know if the cleanup of yard waste dumping will be conditioned in the Order.
The Administrator describes the location of yard waste dumping, cleanup is required as a pre-construction
condition.
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Approved 7/14/2021
Mr. Capachietti requests construction access to come from the driveway side of the house.
A motion to close and issue in 21 days is made by Mr. Manzi, seconded by Mr. Lynch.
Vote 5-0, Unanimous.
Documents
05-26-2021 Meeting Materials, L_060121 - CC, Site Plan 06-01-21
242-1814, 3 Great Pond Road (Finbury)
The Administrator states the applicant has requested a continuance.
A motion to continue to July 14, 2021 is made by Mr. McDonough, seconded by Mr. Manzi.
Vote 4-1 (In Favor: McDonough, Napoli, Manzi, Lynch, Recused: Capachietti)
Documents
Email from LWallis@hayeseng.com requesting a continuance until 7/14/21
242-1815, 59 Appleton Street (Duncan)
The Administrator states the project involves installation of an in-ground pool with associated paver patio,
walkway and perimeter chain link fence. The edge of the walkway is 53-feet from the edge of BVW at the
closest point. All work is within the lawn area, requiring no tree removal. The wetland line was reviewed and
found to be accurate. Two existing sheds were depicted on the initial plan in the 50-foot NBZ and partially
inside the 25-foot NDZ. The smaller shed was removed from site, the larger shed was moved to outside the
50-foot NBZ. There are some disturbed areas from the footprints of the sheds. The Administrator
recommends a pre-construction condition requiring the areas to be loomed and seeded.
Jack Sullivan, Sullivan Engineering is present on behalf of the applicant. The existing driveway will be used
as the construction access, erosion controls have been extended to the driveway limits. No vegetation removal
is required and minor grade changes.
Mr. Capachietti makes note of a scrivener's error on the leader.
A motion to close and issue in 21 days is made by Mr. Lynch, seconded by Mr. McDonough.
Vote 5-0, Unanimous.
Documents
59 Appleton_Certified Mailings, 59 Appleton_Pool_04262021, Appleton Street 59 - Legal Notice 05 19 21 -
Public Notice, Appleton Street 59 - Legal Notice 05 19 21 - Tribune, NOI Application_59 Appleton Street
242-1816, 325 Johnson Street (Sparks)
The Administrator states that the project is within the watershed and after the NOI was filed it was determined
the project requires relief from the ZBA.
Jack Sullivan, Sullivan Engineering requests to continue until July 14, 2021.
A motion to continue to July 14, 2021 is made by Mr. Manzi, seconded by Mr. Capachietti.
Vote 5-0, Unanimous.
Documents
Full NOI_325 Johnson Street, Johnson Street 325 - Legal Notice 06 02 21 - Public Notice, Johnson Street 325
- Legal Notice 06 02 21 - Tribune, Plot Plan_05202021
242-1817, Osgood Street (Rt. 125) at Osgood Landing (HIP Transaction Services, LLC)
The Administrator states that in coordination with MassDOT, the Town proposes to widen the roadway to
convert two existing unsignalized driveway entrances to 1600 Osgood to "right-in/right-out" only traffic
pattern. Provide provision of two left-turn lanes at the driveway entrances and a MBTA bus bay. As well as
constructing a pervious pavement shared-use-path. Mill and overlay existing roadway and widening roadway
in areas for turning radiuses. The Stormwater Report states that the project results in an overall less
impervious surface within the project limits by 5%. A Stormwater Report has been included in the
submission. BMPs include catch basins, hydrodynamic separators with deep sump catch basins and street
sweeping to remove 55% TSS. There are two watersheds, design points A and B that each essentially handle
1/2 of the project area. The work is within 100-foot Buffer Zone to BVW, 50-foot NBZ and 25-foot NDZ.
The northerly entrance to the site will receive expanded pavement on the shoulder pushing disturbance closer
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Approved 7/14/2021
to the wetland. A retaining wall has been proposed off the shoulder to bring the work within 2-3-feet of the
wetland. Wetland series 13 receives runoff from the site discharging and daylighting into a partial paved
conveyance channel. A waiver request was submitted, the alternatives analysis involved constructing
roundabouts which was more impactful than the current proposal. The Administrator questions whether the
NACC will require a third-party peer review.
Mr. Lynch questions if the project coordinates well with the pump station and sewer extension project heard
early tonight.
Mike Howard, Epsilon Associates, Inc. states after consulting with his colleagues both schedules appear to
align with the target of Q3 this year. He believes that the projects will work well together.
Mr. Lynch believes there is an opportunity with the roadway widening for other BMPs that can be put in
place to protect the resource area in exchange for the waiver.
John Perry, Langan Engineering and Environmental Services Inc. presents the proposal for stormwater up
grades. Ongoing maintenance will be the responsibility of MassDOT, all proposed work will be in the ROW.
Mr. Lynch requests an affidavit for the file that obligates MassDOT for the ongoing perpetual maintenance.
Mr. Howard would like to know if an O&M Plan with a responsibility statement signed by MassDOT would
be acceptable.
Mr.
Mr. Manzi states he has read the alternative analysis and feels it is adequate.
Mr. Napoli would like to know if the sewer project discussed earlier tonight needs to be approved at Town
Meeting.
Mac Utsey, Hillwood Enterprises LP, states he believes the agreement and approvals required from the Town
of North Andover are in place. Hillwood Enterprises LP has funded its share of the project and the Town was
given the easement for the pump station. They are currently using the sewer connection from GLSD. They
will stop using the temporary connection once they connect to the new pump station/sewer line.
Mr. Lynch expresses concerns on how the Commission will coordinate the two projects running concurrently
within the same jurisdiction if there are potential violations.
Mr. Napoli requests that the projects be somehow coordinated.
Mr. Howard states he believes the potential for wetland impacts is remote for the both projects. As the
schedules clarify it will provide guidance on how to manage the projects.
Mr. McDonough would like to know the necessity of increasing the impervious area near wetland series 13.
Mr. Perry states the main focus is to create a right turn into the facility and a left turn lane from the
northbound route. The right turn lane into the facility is creating a new impervious area whose purpose is to
create traffic vehicular safety.
Mr. Capachietti would like to know if there is an opportunity to incorporate some invasive control.
Mr. Howard states they are currently working with the Administrator and Field Inspector to map all the
invasive species on the 1600 Osgood Amazon project site.
Mr. McDonough questions if there is any fencing/barriers between the wetland and road, if not would one be
beneficial.
Mr. Perry states there is a retaining wall which is approximately 3-feet tall with a 2:1 rip rap slope up to the
road; no sidewalk is proposed in this area.
Mr. Howard believes that fencing would act as a trap for trash and not protect the wetland. A new guardrail
has been proposed.
Mr. Lynch requests they coordinate a single document that reflects both proposed projects.
Mr. Capachietti states if they are unable to get MassDOT to sign the O&M Plan it can be conditioned as a
pre-construction condition.
Mr. Howard requests to continue until June 23, 2021.
A motion to continue to June 23, 2021 is made by Mr. McDonough, seconded by Mr. Lynch.
Vote 5-0, Unanimous.
Documents
2021-06-09 Conservation Commission Minutes
Page 4 of 7
Approved 7/14/2021
NOI-Rt 125 at Osgood Landing-1_Cover, NOI-Rt 125 at Osgood Landing-2_Form 3, NOI-Rt 125 at Osgood
Landing-3_Narrative, NOI-Rt 125 at Osgood Landing-4_Attachments, Osgood Street @ Osgood Landing -
Legal Notice 06 02 21 - Public Notice, Osgood Street @ Osgood Landing - Legal Notice 06 02 21 - Tribune
242-xxxx, 217 Gray Street (Miller)
The Administrator states she understands the Commission policy to not deliberate on a project that could
xt ZBA meeting
is August 10th. A DEP file number has not been assigned, no waivers have been requested, all work is outside
of the 50-foot NBZ.
Mr. Lynch states that without input from the NACC the ZBA might not be aware of the hardship for the
variance.
Mr. Napoli agrees he is not in favor of providing guidance to the applicant.
Matt Murphy, M.P. Murphy Builders states the project will be done in two phases. The first phase will consist
of the back deck, addition, patio and spa; they were advised by staff to consolidate both projects into one
filing. Per the bylaw the application was required to be submitted to the ZBA for the variance.
Mr. McDonough states that by practice the NACC does not issue decisions or review filings until all of the
other boards have reviewed them.
Mr. Manzi states that if the ZBA was not involved this likely be an approvable project.
Paul Miller, the homeowner questions if it would be possible to get approval from the NACC for the decks,
patio and screened-in porch without approval from the ZBA. If the set back is not granted the garage will be
eliminated from the proposal altogether.
Mr. Murphy states the variance affects only one corner of the garage.
The Commission discusses the project and agrees if the applicant is willing to remove the garage from the
proposal the project can move forward without ZBA approval.
Mr. Miller agrees to continue to the next meeting and file a modification without the garage.
The Administrator states she spoke to the builder while on site and there is an area of wetland (back right
corner) that is currently being maintained as lawn. This activity will need to cease, and the area allowed to
grow back, this must be noted on the revised plan.
Mr. Capachietti requests that the 25-foot NDZ and 50-foot NBZ be added to the revised plan.
A motion to continue to June 23, 2021 is made by Mr. McDonough, seconded by Mr. Manzi.
Vote 5-0, Unanimous.
Documents
Gray Street 217 - Legal Notice 06 02 21 - Public Notice, Gray Street 217 - Legal Notice 06 02 21 - Tribune,
MillerConComm_IMG1_05262021, MillerConComm_IMG2_05262021, MillerConComm_IMG3_05262021,
MillerConComm_NOIDocuments_05272021, MillerConComm_SitePlan_05242021,
MillerConComm_SitePlan_06072021, MillerConComm_WPA3_Signed_05262021
Amendment
242-1692, 1210 Osgood Street (Princeton Development & Forgetta Development)
The Administrator states she requested a continuance with no objection from the applicant.
A motion to continue to June 23, 2021 is made by Mr. Manzi, seconded by Mr. Lynch.
Vote 5-0, Unanimous.
Documents
n/a
242-1721, 562 Boxford Street (Heider)
The Administrator states this request was heard at a previous meeting. The Commission directed the applicant
to shrink the footprint within the Ephemeral Pool 75-foot NBZ as much as possible and eliminate the front
porch from the Ephemeral Pool 75-foot NBZ. The applicant has submitted revised plans which have removed
the front porch and walkway from the Ephemeral Pool 75-foot NBZ. The rear walkway off of the northeast
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Approved 7/14/2021
slider has been reduced to stepping stone/flagstones as directed. A walkway off the middle back door will be
built, this is outside the 75-foot NBZ. The Administrator believes the new plan has been valued and
engineered appropriately and recommends that the Commission vote to grant the waiver to allow for the rear
landing/steps, bulkhead and flagstone walkway. Close the hearing and issue an Amended OOC in 21 days.
John Morin, The Morin-Cameron Group, Inc. is present on behalf of the applicant.
The Commission discusses the proposal.
A motion to close the hearing and approve the Amendment as proposed is made by Mr. McDonough,
seconded by Mr. Manzi.
Vote 5-0, Unanimous.
Documents
05-26-2021 Meeting Materials, Rev Plan Ltr, Site Plan Rev 6.2.2021
Request for Determination of Applicability
415 Boxford Street (Young)
The Administrator states the applicant has requested a continuance.
A motion to continue to June 23, 2021 is made by Mr. Manzi, seconded by Mr. Lynch.
Vote 5-0, Unanimous.
Documents
Email from reginajyoung@hotmail.com requesting a continuance until 6/23/21
175 Forest Street (Bohigian)
The Administrator states the proposal is for an inground pool and surrounding patio in the outer reaches of the
Buffer Zone. There is a larger wetland across the street (Forest Street) and small sliver of wetland in the
northerly corner of the property. The area where the pool is proposed is a flat lawn with landscaping,
topography slopes in towards the pool area. An existing crushed stone apron will be used for construction
access. The Administrator states she has requested the erosion control be revised to encompass the area of
work. A small retaining wall is proposed along the side of the property.
Mr. Lynch agrees with the Administrators recommendation to revise the erosion control for stronger
protection.
Jack Sullivan, Sullivan Engineering states a stockpile location has been shown on the plan, but a vast majority
of the material will be offloaded and taken off site.
The Administrator recommends issuing a Negative Determination #3 with pre and post-construction
inspections.
A motion to issue a Negative Determination #3 as recommended is made by Mr. McDonough, seconded by
Mr. Lynch.
Vote 5-0, Unanimous.
Documents
175 FOREST STREET_05192021, Complete RDA_175 Forest, Forest Street 175 - Legal Notice 06 02 21 -
Public Notice, Forest Street 175 - Legal Notice 06 02 21 - Tribune
99 Hay Meadow Road (Moverman)
The Administrator states this was previously reviewed by the NACC under a Small Project Permit. The
Commission required the applicant submit an RDA for the proposal. The proposal consists of an in-kind
replacement of the existing driveway. The Administrator recommends that Conservation Department staff
shall be on site while reclaim and gravel base work is undertaken to ensure the width of the drive remains the
same and post-construction site visit to ensure compliance.
Mr. Manzi states no demolition material can remain onsite overnight, no stockpiling.
Barbara Moverman, the homeowner is present for questions.
Mr. Napoli directs the applicant to be sure they call the office before work commences.
A motion to issue a Negative Determination #3 as recommended is made by Mr. Manzi, seconded by Mr.
Lynch.
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Approved 7/14/2021
Vote 5-0, Unanimous.
Documents
Hay Meadow Road 99 - Legal Notice 06 02 21 - Public Notice, Hay Meadow Road 99 - Legal Notice 06 02
21 - Tribune, RDA Application with Supporting Materials
Small Project
NACC #273, 99 Hay Meadow Road (Cooper Bro. Asphalt Paving)
Barbara Moverman, the homeowner, requests to withdraw the application.
A motion to accept the withdrawal without prejudice is made by Mr. Lynch, seconded by Mr. Manzi.
Vote 5-0, Unanimous.
Documents
05-26-2021 Meeting Materials
NACC #275, 92 Bonny Lane (Gilbride)
The Administrator states the applicant is seeking the removal of six (6) unhealthy/failing pines along the edge
of the driveway. Half of the trees have already snapped, and pine needles clog the driveway drain, backing
water up into the garage. Work is approximately 64-feet from the wetland at the closest point. They have
proposed replanting with a mixture of Arborvitae and Dogwood Trees. The Administrator recommends
approval of the project under Category "G" with conditions (erosion controls and post construction
inspection).
.
Vote 5-0, Unanimous.
A motion to approve the Small Project as recommended is made by Mr. McDonough, seconded by Mr.
Lynch.
Vote 5-0, Unanimous.
Documents
Aerial Map - with Wetland Measurement, Small Project Application 05 24 21
Enforcement Order/Violation
201 Marbleridge Road (Nguyen)
The Administrator provides an update on the Enforcement Order, plantings are installed, and seeding done,
and recommends keeping the EO in place in anticipation of monitoring and reporting to take place. Once the
monitoring period is up the EO can be lifted.
Documents
10-14-2020 Meeting Materials, 11-18-2020 Meeting Materials, Existing Conditions 6-2-21 - 201 Marbleridge
Rd - Stamped
268 Raleigh Tavern Lane (Atallah)
The Administrator states the applicant has requested a continuance.
A motion to continue to July 14, 2021 is made by Mr. Lynch, seconded by Mr. Manzi.
Vote 5-0, Unanimous.
Documents
Email from jonathan@grassoconstruction.net requesting a continuance until 7/14/21
50 Duncan Drive (Jeong)
The Administrator provides background on the Enforcement Order. The homeowner and contractor have
been responsive to the Enforcement Letters and Enforcement Orders. They have been asked to provide
delineated wetland and an Existing Conditions Plan. Per historic aerials the decks have been in place since
2001. The plan depicts existing new concrete pads within 25 and 50-feet of the wetland, and a gravel patio
base and proposed fence in 75-foot NBZ to Ephemeral Pool. The deck work consists of replacing deck boards
and handrails, no work to footings is proposed.
8:27p.m., Mr. Lynch leaves the meeting.
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Approved 7/14/2021
Tae Seon Jeong, the homeowner, states the concrete pads were poured in March 2021 to help with moisture
issues. The homeowner requests to restore the area with the concrete pads to its prior condition.
Mr. Manzi would like to know what the current site conditions are.
The Field Inspector states the soil that was disturbed is revegetated and the concrete pads remain. Erosion
controls are in place and are keeping things at bay. No additional work has been done to the decks since
March 30th.
The Commission discusses the Enforcement Order and agrees the concrete pads must be removed
immediately and the area restored to its previous condition. They direct the Administrator to provide onsite
guidance to the homeowner for dealing with the downspouts and water. An RDA is required for the rest of the
work and any new proposed work.
Mr. Jeong states he is seeking to replace the deck material, handrail and steps. The water issue is not a
concern at this time, he will remove the concrete pads and restore the area as requested.
Mr. Napoli advises the homeowner to include the water solution in addition to the deck work as part of the
RDA filing so work may be completed if and when he is ready.
A motion to amend the Enforcement Order is made by Mr. Manzi, seconded by Mr. McDonough.
Vote 4-0, Unanimous.
Documents
04-14-2021 Meeting Materials, Site Photos 06 09 21, 50 Duncan-5-20-21 LIMITED EXISTING
CONDITIONS
Decisions
242-1812, 42 Huckleberry Lane (Samali)
The Administrator reviews the drafted Order of Conditions.
The Commission discusses Condition #21, access to the site. The bond will be set in the amount of
$2,500.00.
A motion to adopt the Order of Conditions as drafted is made by Mr. Manzi, seconded by Mr. McDonough.
Vote 4-0, Unanimous.
242-1800, 158 Forest Street (Triano)
The Administrator reviews the drafted Order of Conditions.
The Commission discusses the denial, additional language will be added to the denial section.
A motion to issue the denial as drafted and amended is made by Mr. McDonough, seconded by Mr. Manzi.
Vote 3-1, (In Favor: Napoli, McDonough, Manzi, Abstained: Capachietti).
Adjournment
A motion to adjourn at 9:02 p.m. is made by Mr. McDonough, seconded by Mr. Manzi.
Vote 4-0 Unanimous.
2021-06-09 Conservation Commission Minutes