HomeMy WebLinkAbout2024-05-22 Conservation Commission Minutes
Page 1 of 10
Approved 06/12/2024
North Andover Conservation Commission Meeting Minutes
May 22, 2024
Members Present: Joseph W. Lynch, Sean F. McDonough, Louis A. Napoli, Chairman, Albert P. Manzi, Jr.,
Vice Chairman, John T. Mabon, and Bradley S. Mustain
Members Absent: Marissa Valentino
Staff Members Present: Amy Maxner, Conservation Administrator and Justine Fox, Field Inspector
Meeting came to Order at: 7:03 p.m. Quorum Present.
Pledge of Allegiance
Acceptance of Minutes
The minutes for May 8, 2024 are not ready for approval.
Certificate of Compliance
242-1050, 84 Sugarcane Lane (Hanson)
The Administrator states per the meeting minutes the NACC voted for a COC in December/January 2001,
but there's no record of the COC in the file.
A motion to reissue the Certificate of Compliance is made by Mr. Manzi, seconded by Mr. Mabon.
Vote 6-0, Unanimous.
Documents
84 SUGARCANE LANE - As-Built PLAN - 242-1050, 84 SUGARCANE LANE - CofC Request 242-1050 (2),
2001-01-23 Conservation Commission Minutes - Final
Certificate of Compliance
NACC #240, 505 Sutton Street (Sutton Street Dev.)
The Administrator states the Applicant has requested a continuance.
A motion to continue to June 12, 2024, is made by Mr. Manzi, seconded by Mr. McDonough.
Vote 6-0, Unanimous.
Documents
Email from ALoth@mincocorp.com requesting a continuance until 06/12/24
Certificate of Compliance
242-1817, Osgood Street (Rt. 125) at Osgood Landing (HIP Transaction Services, LLC)
The Administrator states in August 2021 an OOC was issued to widen the roadway at 1600 Osgood. It
converted two driveways into a "right-in/right-out" traffic pattern and added left-turn lanes, a bus bay, and a
shared-use path. The project reduced impervious surface by 5% and implemented stormwater management
measures. Construction included retaining wall construction within specified zones. The site is now stable,
and a Certificate of Compliance is recommended with ongoing conditions. A stormwater BMP inspection
report was provided.
Mr. Mustain questions if the inspection form in the O&M Plan has been recorded.
Frank Holmes, Langan Engineering, confirms it has been recorded.
Mr. Lynch clarifies the Applicant was the developer for the roadway improvement project on the State
ROW, and that O&M duty continues lie with the property owner.
Mr. Holmes states there was a bit of a discrepancy however the developer is taking responsibility for the
O&M plan going forward.
A motion to issue a full and final Certificate of Compliance is made by Mr. McDonough, seconded by Mr.
Lynch.
Vote 6-0, Unanimous.
2024-05-22 Conservation Commission Minutes
Page 2 of 10
Approved 06/12/2024
Documents
2024 05 20 -Hillwood - Osgood St Final Clean Inspection, CofC Request #242-1817 Osgood Intersection
Improvements, CompiledCertificateofComplianceRequest_NorthAndover (2)
Certificate of Compliance
242-1851, 26 Long Pasture Road (Bhatnagar)
The Administrator states in November 2022, an OOC was issued for the construction of various amenities,
including an in-ground pool, grading, retaining wall, patio, fencing, and pool equipment. The project adheres
to the regulations, with the work taking place within the 100-foot Buffer Zone to a potential Vernal Pool and
complying with the 75-foot NBZ. The patio layout was modified in August 2023, but remained outside the
75-foot NBZ. Additionally, the pervious paver patio serves stormwater infiltration with an approved O&M
plan, and the site is stable with erosion controls removed and wetland markers installed.
Mr. Napoli notes that the as-built plan does not contain elevations; going forward this information will be
required.
The Administrator confirms the paper copy contains spot grades on the patio.
A motion to issue a full and final Certificate of Compliance is made by Mr. McDonough, seconded by Mr.
Manzi.
Vote 6-0, Unanimous.
Mr. Lynch asks the Commission to reconsider issuing a full and final Certificate of Compliance until a as-
built plan containing elevations is provided.
Discussion ensued regarding as-built plan elevations.
A motion to withhold the issuance of the physical Certificate of Compliance until an as-built plan with
grading is provided is made by Mr. Lynch, seconded by Mr. McDonough.
Vote 6-0, Unanimous.
Documents
26 Long Pasture As-Built, Hancock Cert. Letter CofC 26 Long Pasture, Hancock Stormwater Cert Letter
CofC 26 Long Pasture
Certificate of Compliance
242-1752, 1270 Turnpike Street (Sampson)
The Administrator states in April 2019, an OOC was issued for the construction of a play area for a daycare
center, although the use was uncertain depending on the tenant. The project involved various site
improvements, including vegetation removal, grading, fencing, retaining wall and stair construction within
the 200-foot Riverfront Area and the 100-foot Buffer Zone to BVW. In December 2020, the Order was
amended to include expansion of parking, installation of catch basins, milling and grading of existing paved
areas, re-striping parking areas, and installing fencing and landscaping. Inspection letters for catch basins
and stormwater units have been provided. The project is complete, and the site is stable, although the
planned work for the play area at the rear of the building was not carried out due to the lack of secured
tenants.
Matt Connors, Hancock Associates states no work happened behind the building; all work took place
between the building and Rt. 114.
Mr. Mabon praises the thoroughness of the certification letter, which NACC should strive to obtain in future.
Mr. McDonough questions if the unfinished play area work affects COC paperwork procedure.
The Administrator states she includes ongoing conditions and mentions completed and unfinished tasks
when issuing a Certificate of Compliance.
Mr. Manzi requests a copy of the as-built plan be included with the COC for recording purposes.
A motion to issue a full and final Certificate of Compliance is made by Mr. McDonough, seconded by Mr.
Mabon.
Vote 6-0, Unanimous.
Documents
21942 As Built Certification packet
2024-05-22 Conservation Commission Minutes
Page 3 of 10
Approved 06/12/2024
Small Project
NACC #325, 96 Thistle Road (Heffron)
The Administrator presents the proposal for installing a shed in the backyard, located 79-ft from the wetland
area and in front of a chain link fence. The lawn will be leveled, and a pea stone foundation will be used.
Straw wattle erosion controls will be placed between the disturbance limit and the wetland. This proposed
location meets zoning setback requirements and qualifies as a Small Project under category "C". The
Administrator recommends approving the project with conditions including installation of erosion controls
and pre/post construction meetings with the Conservation Department.
As an aside, Mr. Napoli states after a discussion with the Building Commissioner that if future Small
Projects for re-decking requires extensive renovation, the Field Inspector will be informed to ensure the
proper application is applied for.
McDonough, seconded by Mr. Manzi.
Vote 6-0, Unanimous.
Documents
IMG_2976, Small Project Application with Supporting Materials 05 13 24, Wetland Measurement-Shed at 96
Thistle Road
Abbreviated Notice of Resource Area Delineation
242-1889, 492 Sutton Street (NAAS Development, LLC)
The Administrator states the Applicant has requested a continuance.
A motion to continue to June 12, 2024, is made by Mr. McDonough, seconded by Mr. Manzi.
Vote 6-0, Unanimous.
Documents
Email from Andrew@goddardconsultingllc.com requesting a continuance until 06/12/24
Notice of Intent (NOI)
242-1885, 416 Abbott Street (Zieja)
The Administrator states the Applicant has requested a continuance.
A motion to continue to June 12, 2024, is made by Mr. McDonough, seconded by Mr. Manzi.
Vote 6-0, Unanimous.
Documents
Email from Andrew@goddardconsultingllc.com requesting a continuance until 06/12/24
Notice of Intent (NOI)
242-1887, 156-172 Chestnut Street (Cherry Properties LLC)
The Administrator states the Applicant has requested a continuance.
A motion to continue to June 12, 2024, is made by Mr. McDonough, seconded by Mr. Manzi.
Vote 6-0, Unanimous.
Documents
Email from jacksull53@comcast.net requesting a continuance until 06/12/24
Notice of Intent (NOI)
242-1876, 492 Sutton Street (Lawrence Airport)
The Administrator states three (3) rounds of peer review have been completed, and in the 3rd letter, Bobrek
summarizes that the Applicant has successfully responded to all discussions and submitted materials.
However, the Applicant did not use Hec-Ras modeling as agreed upon, opting for modifications to
HydroCad to accurately represent the downstream section of the channel. As a result, the proposed berm
height on the south side of the stream increased by 1-ft. Bobrek believes the Applicant achieved the
application goals for the NOI but recommends updating this section under a separate permit in the future. No
2024-05-22 Conservation Commission Minutes
Page 4 of 10
Approved 06/12/2024
additional information was requested at the last meeting, indicating that previous discussions and requests
have been addressed.
Mr. Mustain confirms with the consultant that slopes in the blue area are 4:1 and notes his preference for
HEC-RAS modeling but acknowledges similar analysis was done.
Mr. Mabon inquiries about progress on the maintenance of the stream connecting to the previously relocated
stream section.
Randy Christensen, previously of Stantec Consulting Services, confirms the preparation of an O&M Plan
that distinguishes between the section of stream undergoing work and the natural stream. The plan includes
passive removal of blockages, regular inspections under the SWPPP, and maintenance of debris
accumulations. While there is no physical excavation or modification of the channel, the O&M Plan has
been incorporated into the NOI.
Mr. Lynch believes they have identified and resolved the origin of the problem. He recognizes a separate
issue with the Town and airport, but aims for ongoing NACC support and progress.
The Administrator states 27 Charles Street, LLC's attorney Rubin and Rudman sent correspondence for the
Commission's review.
Mr. Napoli states the Town is in the process of improving catch basins on Sutton Street, once construction is
complete, they are planning to mill the road and add a berm to divert water from dead end streets. He also
states that he is of the opinion that if an Applicant fulfills all requirements suggested by third party reviews
and the NACC has no questions, the concerns of the abutter should not influence the NACC's decision.
No abutters are present.
The Administrator requests the NACC continue the hearing to allow time to draft a decision.
A motion to continue to June 12, 2024, is made by Mr. McDonough, seconded by Mr. Manzi.
Vote 6-0, Unanimous.
Documents
04-10-2024 Meeting Material, 10-11-2023 Meeting Materials, 4-17-24 Plan Airport Stream Drainage Imprv.,
27 Charles - Ltr to Con Com 5.22.24, Bobrek 3rd Comment Letter 2024.05.20 - LMA, Stantec 04-18
Response LWM_Drainge_2nd 3rd_party_review_
Notice of Intent (NOI)
242-1884, 49 Court Street (Petrosino)
The Administrator states at the last meeting, the Commission examined comparing the historical and current
topography of the 25-foot NDZ. They emphasized the need of keeping the NDZ clear of fill. To resolve this,
a complete site examination was performed by Conservation Department staff. The 25-foot NDZ region was
designated, and soil samples were collected, including one from an untouched area. The 25-foot NDZ was
restored to its previous state, with no fill remaining. The concept plan was altered to remove a proposed
retaining wall within the 50-foot NBZ and a stone sitting area south of the patio. The amended proposal
includes a trampoline and swing set in the 25-foot NDZ, which the Applicant has consented to remove.
Mr. Mustain agrees to the adjustments if the trampoline and swing set are removed.
Leah Petrosino, the Applicant, agrees to remove the swing set and trampoline, citing NACC's patience and a
wish to pave her driveway.
Mr. Mabon expresses concern about a part of the current patio located within the 50-foot NBZ and inquired
about what will lie west of the anticipated driveway pavement.
Ms. Petrosino proposes erecting a fence-enclosed basketball hoop at the end of the driveway due to the steep
incline. Grading is planned to flatten the area.
Mr. Napoli requests that the riprap apron be installed straight rather than curved to prevent flow from
entering the abutter's land.
Mr. Lynch believes the backyard fill is acceptable and the transition back to surrounding homes hasn't
changed. He agrees with Commissioner Napoli that roof drain outfall should be directed back, and the
NACC will condition the removal of the swing set and trampoline.
John Weaver, 37 Court Street, is concerned about the viability of a basketball hoop and paved driveway
without the planned retaining wall.
2024-05-22 Conservation Commission Minutes
Page 5 of 10
Approved 06/12/2024
The Commission instructs the Applicant to remove the contours from the plan and the retaining wall
comment.
A motion to continue to June 12, 2024, is made by Mr. McDonough, seconded by Mr. Manzi.
Vote 6-0, Unanimous.
Documents
02-28-2024 Meeting Materials, 05-08-2024 Meeting Materials, 49 Court 5-13-24 Pics, 49 Court NOI Plan
revised to 5-20-24, Progress Print (4-23-24) to be further revised and stamped
Notice of Intent (NOI)
242-1886, Stevens Street ROW Culvert (North Andover DPW)
The Administrator reports that at the most recent meeting, the Commission requested a cofferdam and
dewatering methods capable of handling both large and regular rain events, as well as background flows.
The plan was to include dewatering locations and management techniques to ensure clean discharge and
bank protection. A general time range for significant project elements, such as the subdrain along the
roadway, was also required. The Town Engineer was notified that a subdrain already existed, which he plans
to investigate in July, removing it from the scope of work in this NOI and treating it as a maintenance issue.
The NACC additionally requested how final restoration , and the success of demobilization and footprint
restoration will be measured. DEP 401 Water Quality has been brought into the loop since the last meeting,
Mr. Mustain expresses his continued disappointment that a full replacement is not being completed.
Mr. Napoli inquires whether the subdrain will be cleaned before, after, or concurrently with the culvert
repair.
Matthew Coughlin, Tighe & Bond expects that the subdrain will be cleaned before the construction begins.
Given that the road would be closed for construction, the stockpile is planned on the road. Construction
phase utilizing the coffer dam is estimated to take roughly 90-days, followed by pavement and roadway
work.
Julia Novotny, Tighe & Bond states the plan shows the dewatering location but not the stockpiling area.
Mr. Lynch states that eventually the consultant must provide the NACC bid-ready plans.
The Administrator predicts the project will not commence until next summer, conditioned by the NACC's
previous practice of requiring 100% construction drawings and a memo detailing any discrepancies that
would necessitate a Modification to be heard by the NACC.
Mr. Napoli requests a silt barrier be set up around the stockpiling area.
No abutters are present.
A motion to continue to June 12, 2024, is made by Mr. Manzi, seconded by Mr. McDonough.
Vote 6-0, Unanimous.
Documents
03-27-2024 Meeting Materials, M. Perrone Comments - stevensbrdgapr15_2024, Response to
NACC_Updated 5.15.24_Stevens Street Culvert, Response to NAndover Conservation Commission__signed,
Stevens St. Culvert 5.15.24_drawings, Stevens Street - Existing Roadside Drain Conservation Memo 5-17-
2024
Notice of Intent (NOI)
242-1890, 230 Webster Woods Lane (LaPre)
The Administrator states the project will include replacing the pool liner as well as the pathway and concrete
patio surrounding the pool with a more permeable surface. At the most recent meeting, no new material was
requested, except for the offsite BVW being displayed on the plan for future reference and the issue of a
DEP file number.
Mark LaPre, the Applicant and Thor Akerley, Williams & Sparages are present for questions.
A motion to close and issue in 21 days is made by Mr. Lynch, seconded by Mr. McDonough.
Vote 6-0, Unanimous.
Documents
2024-05-22 Conservation Commission Minutes
Page 6 of 10
Approved 06/12/2024
05-08-2024 Meeting Materials, Plan to Accompany a Notice of Intent - 230 Webster Woods Lane_R2
Notice of Intent (NOI)
242-1891, 70 French Farm Road (Trautwein)
The Administrator presents a proposal for the demolition of an existing in-ground swimming pool and a
surrounding concrete patio, partially located within a 50-foot NBZ. A slightly smaller in-ground pool is
proposed, surrounded by a permeable paver patio. A formal waiver request has been submitted, and 640-s.f.
of planting mitigation is proposed within the 25-foot NDZ lawn. A sump pump will be placed within gravel
near the pool to discharge groundwater to a proposed rain garden in the northern 50-foot NBZ lawn. An
O&M plan for pool water management, filtration system, and rain garden is included.
Thor Akerley, Williams & Sparages, states that hydrostatic relief valves are commonly installed under pools,
but the manufacturer won't warranty such alterations. As an alternative the pump will discharge into a rain
garden in the northern area of the property, eliminating any potential pool rising. The water will be used to
sustain semi-unique plants in the rain garden, like a stormwater management infiltration basin, to improve
water filtration and quality. To avoid overgrowth, the rain garden plants will need to be maintained. The
O&M Plan calls for mowing the sidewalls of the rain garden basin.
Mr. Napoli questions the pool bottom elevation and the stockpile's placement.
Mr. Akerley states that the pool's bottom elevation is within the water table, and the pool will remain
stationary unless the groundwater height exceeds the pool's water elevation. The proposed stockpile location
is limited to the rain garden, and erosion controls encircle the whole property. The pool and rain garden are
not expected to be built at the same time, and the dewatering area could potentially be shifted up.
Michael Trautwein, the Applicant, claims the pool is deteriorating due to water pressure. The fiberglass pool
design was chosen to avoid maintenance issues like resurfacing, re-plastering, or re-vinyling.
Mr. Mustain believes the rain garden is ineffective and should function as a level spreader. He prefers an
outfall instead of a rain garden.
Mr. McDonough inquiries about the pervious pavement in the 50-foot NBZ and requests a barrier along the
west side of the property's 25-foot NDZ.
Mr. Akerley states the rain garden was suggested to prevent direct discharge into the wetlands and provide
treatment. The design concept calls for replacing a piece of the concrete patio with permeable pavers and the
remainder with river rock, leaving no more concrete in the Buffer Zone.
The Administrator suggests installing a barrier between plants and the back of the rain garden.
Mr. Lynch identifies two fundamental flaws in the plan: it is not a rain garden or previous patio, and the rain
garden is being used as a level spreader, which is not permitted. He believes the approach to hydrostatic
pressure is ill-conceived and suggests pumping groundwater back into the pool to raise the level and draw
down groundwater. He questions the construction and dewatering of the pool due to high groundwater levels
and would vote against the concept unless another option is proposed.
Mr. Akerley believes the idea is an improvement over what is currently there, and there will be plenty of
sand and stone below and surrounding the pool and patio for water to permeate. The only alternative is the
construction of a dry well.
Mr. Lynch questions the greatest level of seasonal high groundwater adjacent to the pool and requires a
convincing alternatives analysis to be submitted to the NACC.
The Commission discusses the history of the development from the time it was built.
Mr. Trautwein states a vinyl-lined pool company declined working with them, citing concerns about the
liner rupturing from the hydrostatic pressure. Although gunite pools can use hydrostatic release valves, he
doesn't want to take on a 16-week project. Instead, they are proposing a fiberglass pool, as the work can be
finished in just 2-weeks.
Mr. Mustain believes that when approving a groundwater sump pump, they usually want to ensure that water
flows away from the house and other people's dwellings.
8:43 p.m. The Field Inspector leaves the meeting.
Mr. Akerley suggests using an outfall instead of a rain garden.
2024-05-22 Conservation Commission Minutes
Page 7 of 10
Approved 06/12/2024
The Commission requests data on a stabilized outfall outside the 25-foot NDZ, including wet well and float
levels, water migration off-site, and information on a proposed barrier.
8:46 p.m. The Field Inspector rejoins the meeting.
A motion to continue to June 12, 2024, is made by Mr. McDonough, seconded by Mr. Manzi.
Vote 6-0, Unanimous.
Documents
70 French Farm Pics 05-21-24, Notice of Intent - 70 French Farm Road, Notice of Intent - 70 French Farm
Road
Modification
242-1732, Pleasant Street - Stevens Pond (DPW)
The Administrator states at a previous meeting the NACC discussed the potential of establishing a long-term
Operation and Maintenance (O&M) for Stevens Pond treatment under a Certificate of Compliance. The
Applicant is requesting a Modification and O&M Plan that addresses management methods and
implementation in line with their current practices, rather than returning every 5-years with a new Notice of
Intent.
Joe Onorato, Water & Wetland, states that an extension was originally requested since there is no new,
advanced technology. Tasks include proactive use of aluminum sulfate for algae management, herbicides for
control of invasive species, water quality program, algae sampling, year-end report to the Commission, and
appearance before the NACC if anything changes. Diver assisted suction harvesting (DASH) and manual
hand-pulling of non-native invasive vegetation for maintenance purposes are also included in the tasks.
Mr. Mabon questions if a water analysis is performed to check that the aluminum sulfate program is putting
the water in the proper concentration, and if so, whether this is disclosed. He asks if using too much could
harm the water and how they will know if an overdose was administered.
Mr. Onorato reports that water quality testing and results have no influence on dosage, just whether or not
alum is used. They employ a conventional low-dose 2-PPM, which is pre-ordered and supplied by tanker.
Mr. Lynch recognizes the need for hydro-raking but has reservations with it being permitted under the O&M
Plan.
The Commission examines the type of hydro-raking currently permitted under the Order and agrees on a 10-
year O&M Plan; no hydro-raking allowed.
Melinda Perrone, 65 Meadowood Road, questioned the source of phosphorus in Stevens Pond and the
municipality's costs for pond treatment and hydro-raking.
A motion to grant the Modification for a 10-year Operation and Maintenan
recommendations was made by Mr. Manzi, seconded by Mr. Lynch.
Vote 6-0, Unanimous.
Documents
Stevens.Pond_Request.For.Modification_DEP.242-1732
Enforcement Order/Violation
416 Abbott Street (Zieja)
The Administrator states the Applicant has requested a continuance.
A motion to continue to June 12, 2024, is made by Mr. McDonough, seconded by Mr. Manzi.
Vote 6-0, Unanimous.
Documents
Email from Andrew@goddardconsultingllc.com requesting a continuance until 06/12/24
Enforcement Order/Violation
85 Colonial Avenue (Jones)
The Administrator offers background information on the Enforcement Order addressed at the prior meeting.
A demolition permit was submitted. The shell area was eliminated, the patio space was decreased, and the
hot tub and fire pit were removed. However, both the deck and unpermitted deck extension remain. Post-
2024-05-22 Conservation Commission Minutes
Page 8 of 10
Approved 06/12/2024
removal photographs and the interim deck plan approved by Mike Howard, the previous Conservation
Administrator, have been provided.
Atty. Don Bornstein, Johnson & Bornstein, states the residence was built in 1990 and acquired from the
original homeowners in 2022. They discovered an OOC registered against the title but no COC, assuming it
was a paperwork issue. The seller promised a resolution within a year, but no compliance concerns or
violations were identified until the NACC issued an Enforcement Order in November 2023. At this time, all
that remains is a deck, unpermitted deck extension authorized patio space that extends a few feet into the 50-
foot NDZ. If they comply with the EO, they will have no deck and 3-foot patio, leaving them with no
functional sitting space in the rear. They are hoping to preserve the patio and deck areas and propose
creating a replication area on the side of the home in exchange.
Evan Jones, the homeowner, believes that the expanded deck, is around 70-s.f., located inside the 50-foot
NBZ. He agrees to a 3:1 replication area in the side yard towards the wetland.
Mr. McDonough believes that everything inside the 50-foot NBZ needs to be removed so that it is in
compliance with the Order.
After due discussion, the Commission agreed to support a 3:1 replication area in return for a waiver allowing
the 70-s.f. of deck encroachment into the 50-foot NBZ to remain. They request that the homeowner come
back with a mitigation plan to be reviewed and approved by the NACC.
A motion to continue to June 12, 2024, is made by Mr. Manzi, seconded by Mr. Mustain.
Vote 6-0, Unanimous.
Documents
10-11-2023 Meeting Materials, 85 Colonial Post Demo Pics 4-16-24, 85 Colonial Avenue - EO 11 01 23,
Before and after photos side yard - E. Jones Pics, Cantilevered Deck Footings, MDH Approval 12-9-96 plan
Enforcement Order/Violation
49 Equestrian Drive (Maia)
The Administrator states an EO was issued for constructing a chicken coop, regrading, removing vegetation,
and importing gravel to level the area beneath the coop within a 25-foot NDZ. An unpermitted wetland
resource area was filled, and culverts were installed. A Certificate of Compliance for constructing a house
under DEP #242-982 was never issued. The EO required the property owners to stop work, hire a wetland
consultant, attend tonight's meeting, and obtain a Certificate of Compliance for the outstanding OOC.
went to apply for an electrical permit. The house is approximately 51-ft from the wetland. He believes the
area for the chicken coop was elevated, and the stream is intermittent.
According to the Field Inspector, relocating the chicken coop will require a permit from the NACC because
the majority of the property is within 100-ft of the wetlands.
The Commission agrees that the coop must be removed and the site brought into compliance. A restoration
narrative and planting schedule must be provided to the NACC for review at its meeting on June 12th. After
the property has been restored, an as-built plan for the COC request is required.
A motion to continue to June 12, 2024, is made by Mr. McDonough, seconded by Mr. Lynch.
Vote 6-0, Unanimous.
Documents
#242-982 49 EQUESTRIAN DRIVE-Proposed Plot Plan, #242-982 49 EQUESTRIAN DRIVE-Septic Plan
1999, Enforcement Order - 49 Equestrian Drive 05 02 24, IMG_2855, IMG_2856, IMG_2857, IMG_2862,
IMG_2876
Enforcement Order/Violation
242-1884, 49 Court Street (Petrosino)
No action taken.
Documents
2024-05-22 Conservation Commission Minutes
Page 9 of 10
Approved 06/12/2024
01-10-2024 Meeting Materials, 01-24-2024 Meeting Materials, 02-14-2024 Meeting Materials, 07-13-2022
Meeting Materials, 08-10-2022 Meeting Materials, 09-14-2022 Meeting Materials, 09-27-2023 Meeting
Materials, 09-28-2022 Meeting Materials, 10-26-2022 Meeting Materials
Enforcement Order/Violation
68-70 Autran Avenue (Guri/Malaj)
9:53 p.m. The Administrator leaves the meeting.
The Field Inspector states in early April the Conservation Department received an anonymous allegation of
yard waste and debris being dumped in the Wetland Resource Area between Autran Avenue and Heritage
Green Condos. The property owner was issued a Violation Notice, stating that the dumping harms wetland
resources and may contribute to flooding. The letter requested the debris be cleaned up by April 17, 2024,
and Conservation Department staff will check the property later that week to ensure compliance. A site
assessment revealed no debris had been cleared on April 18, 2024. A second Violation Notice was sent to
the property owner, requiring attendance at a NACC meeting on May 22, 2024. An anonymous caller
reported the violation at 68 Autran Avenue was throwing more material over their fence. A site assessment
on May 15th found more lawn materials and debris added to the pile. No attempts have been made to contact
the Conservation Department to correct the violation. Violation letters were sent via regular 1st class mail.
9:55 p.m. The Administrator rejoins the meeting.
The Commission reviews the violation and agrees that because the homeowner failed to respond to the
violation letter and attend tonight's meeting, fines will be assessed beginning today, with attendance at the
June 12th meeting required.
A motion to issue an Enforcement Order mandating that all actions cease and desist and that $100 in fines be
assessed daily beginning on May 22, 2024, materials be removed and that all parties attend the June 12,
2024 Conservation Commission meeting is made by Mr. McDonough, seconded by Mr. Manzi.
Vote 6-0, Unanimous.
Documents
Photos (05-15-2024), Violation Notice #2-68 Autran Ave., Violation Notice at 68-70 Autran Ave.
Enforcement Order/Violation
129 Forest Street (Trickett)
The Administrator states the Applicant has requested a continuance.
A motion to continue to June 12, 2024, is made by Mr. McDonough, seconded by Mr. Manzi.
Vote 6-0, Unanimous.
Documents
Email from Robin Trickett requesting a continuance until 06/12/24
Enforcement Order/Violation
242-1273, 113 Bridges Lane (Do Carmo)
The Administrator states the Applicant has requested a continuance.
A motion to continue to June 12, 2024, is made by Mr. Manzi, seconded by Mr. McDonough.
Vote x-0, Unanimous.
Documents
Email from mail@norseenv.com requesting a continuance until 06/12/24
Decision
242-1890, 230 Webster Woods Lane (LaPre)
The Administrator reviews the draft Order of Conditions.
The bond will be set in the amount of $2,000.
A motion to adopt the Order of Conditions as drafted is made by Mr. McDonough, seconded by Mr. Manzi.
Vote 6-0, Unanimous.
Adjournment
2024-05-22 Conservation Commission Minutes
Page 10 of 10
Approved 06/12/2024
A motion to adjourn at 10:02 p.m. is made by Mr. McDonough, seconded by Mr. Manzi.
Vote 6-0, Unanimous.
2024-05-22 Conservation Commission Minutes