HomeMy WebLinkAbout2023-12-20 Conservation Commission Minutes Page 1 of 1
Approved 0112412024
North Andover Conservation Commission Meeting Minutes
December 20,2023
Members Present: Bradley S. Mustain, Sean F.McDonough,Louis A.Napoli, Chairman,Albert P.Manzi,Jr.,Vice
Chairman,John T. Mabon and Joseph W. Lynch
Members Absent: none
Staff Members Present:Amy Maxner, Conservation Administrator
Meeting cane to Order at: 5:01 p.m. Quorum Present.
Pledge of Allegiance
Decision
242-1881,189 Willow Street(Grasso)
• The Commission waited for Mr. McDonough to arrive; 5:05 p.m. Mr. McDonough joins the meeting.
• The Administrator states this meeting is being held to deliberate and render a decision on the Notice of Intent for
189 Willow Street;the public hearing is closed. The draft Order of Conditions before the Commission this evening
includes comments from Town Counsel.
• Six(6)Commission members are present, all of which participated in the one public hearing held for 189 Willow
Street;they are prepared to deliberate on the decision as a group and individually.
• Mr. Lynch notes that there is a separate review under the Act and the Bylaw,both of which provide clearly what
the applicant needed to do/provide, what their submission failed to provide, and their lack of attendance at the
meeting to explain why they failed to submit what was needed.
• The Commission deliberates on the decision.In the discussion about 189 Willow Street the following points were
raised;the Applicant and consultant denied themselves the opportunity to be heard,receive questions or continue
the process of a public hearing on this application by not attending the public hearing held on December 13th.
Filling of an Isolated Vegetated Wetland is not permissible under the Bylaw. The project does not meet the 25-
foot NDZ and 50-foot NBZ setbacks of the Bylaw.Lack of evidence to support waiver requests and no
opportunity for questions or comments. Project requires an impressive alternatives analysis which should aim to
avoid,minimize and mitigate. Filling a floodplain could directly impact abutting properties. Abutters questions
and concerns were not met by the Applicant. The Applicant's application did not meet the burden of proof. The
Commission sees no way to maintain the detention pond at the rear of the proposed building,without having a
conversation with the engineer.
• Mr. Lynch wants the record to reflect that the current applicant had acquired the property with full knowledge of
the prior history of many prior attempts by prior owners to develop this property. The current applicant elected,
by their own doing,to purchase this property fully knowing that any attempt to secure conservation permits to
substantially develop the property would face considerable complications. Mr. Lynch wants the record to show
that the actions of the NACC to deny the current application for lack of information does not constitute any form
of statutory taking.
• The Administrator states the P&S did not have any contingencies. Town Counsel's memo in response to the
appeal to be included as an attachment to the Order of Conditions.
• Changes to the draft Order of Conditions to include the form of contact made by the Administrator when
requesting the extension to be signed on November 17th and 29th. How/method the Administrator sent her
technical comments on November 30th. The method of delivery in which the Notice of Intent application was
received. The December 13,2023 email received from Eric Lane of Hayes Engineering states that they believed
the NACC had no jurisdiction due to their appeal to DEP. Grammatical corrections were provided.
• Discussion ensued regarding the applicant's appeal to DEP.
• Public/abutter comments and concerns from the public hearing shall be summarized in the decision.Additional
clarification on why the hearing was not opened within 21 days of the NOI submittal to be included.
• A motion is made by Mr.McDonough to deny the application for DEP File#242-1881, seconded by Mr. Manzi.
• All in favor with a unanimous vote of 6-0.
Adjournment
• A motion to adjourn at 5:51 p.m. is made by Mr.Manzi, seconded by Mr.Mabon.
• All in favor with a unanimous vote of 6-0.
2023-12-20 Conservation Commission Minutes