HomeMy WebLinkAbout2024-08-28 Conservation Commission Minutes
Page 1 of 12
Approved 09/25/2024
North Andover Conservation Commission Meeting Minutes
August 28, 2024
Members Present: Joseph W. Lynch, Sean F. McDonough, Louis A. Napoli, Chairman, Albert P. Manzi, Jr.,
Vice Chairman, Bradley S. Mustain and John T. Mabon
Members Absent: Marissa Valentino
Staff Members Present: Amy Maxner, Conservation Administrator and Justine Fox, Field Inspector
Meeting came to Order at: 7:04 p.m. Quorum Present.
Pledge of Allegiance
Acceptance of Minutes
A motion to accept the minutes of June 12, 2024, June 26, 2024 and July 17, 2024 as drafted is made by Mr.
Manzi, seconded by Mr. Lynch.
Vote 5-0, Unanimous.
Certificate of Compliance
242-1679, 1920 Great Pond Road (North Andover DPW)
The Administrator provides background on the Order issued in June 2016. The Town Engineer certified a
change allowed by the previous Conservation Administrator to decrease plantings in the NDZ from 46 to 27
to allow for boat rack placement. Site work is finished, stable, with 26 healthy shrubs.
A motion to issue a full and final Certificate of Compliance is made by Mr. Manzi, seconded by Mr. Mustain.
Vote 5-0, Unanimous.
Documents
As-Built Plan, Cover Letter, Eng. Cert. Letter, Illicit Disch. Statement, North PS Demo_COC Application
Package 20240604
Certificate of Compliance
242-1840, Millpond Townhomes Clubhouse (Millpond Homeowners Assoc.)
The Administrator provides background on the Order issued in May 2022 and modified in September 2022.
The engineer certified that the flood storage meets requirements, and the site is stable with erosion controls
removed.
A motion to issue a full and final Certificate of Compliance is made by Mr. Mustain, seconded by Mr. Lynch.
Vote 5-0, Unanimous.
Documents
15-9901 Clubhouse Walkway As-Built, Certificate of Compliance Checklist 10 28 21, Eng Cert Letter,
Millpond Walkway approved Modified Plan,wpafrm8a
Certificate of Compliance
242-625, COC Reissue, 110 Fuller Road (Lot 112) (Touchstone Closing & Escrow)
The Administrator states that Conservation Staff discovered evidence that a COC was issued in July 1993,
despite the lack of a physical copy. The Applicant is asking for a reissuance because the property is currently
going through a transaction.
A motion to reissue the Certificate of Compliance is made by Mr. Mustain, seconded by Mr. Mabon.
Vote 4-1 (In Favor: Lynch, Napoli, Mustain and Mabon, Abstained: Manzi).
Documents
COC Research 08 02 24 - 110 Fuller Road R1, COC Research 08 02 24 - 110 Fuller Road
Certificate of Compliance
242-251, 1620 Turnpike Street (aka Lot 2 Salem Turnpike) (GP&C, Inc.)
2024-08-28 Conservation Commission Minutes
Page 2 of 12
Approved 09/25/2024
The Administrator provides background information on the Order issued in January 1985. After reviewing the
file, staff determined that the approved plan was missing; the only plan available was the 2004 septic system
as-built plan completed for the BOH. The Commission reviewed the property in 2020 for the purpose of
connecting a force main to the sewer on Route 114 (DEP #242-1758). Existing circumstances were evaluated
as part of the CofC for #242-1758, which represents the as-built conditions.
Mr. Mabon worries about the engineer not confirming the project's compliance.
Mr. Lynch states technically they should have caught the open OOC when the last filing was submitted, he
feels they have lost the opportunity. He states whether it is or not they are assuming the original was in
compliance since they are satisfied with the as-built plan for #242-1758. He does not think they will ever
know if the original plan was ever in compliance.
A motion to issue a full and final Certificate of Compliance is made by Mr. Lynch, seconded by Mr. Mabon.
Vote 5-0, Unanimous.
Documents
1620 & 1650 Turnpike Street As-Built, 2004 Septic As-Built, Order of Conditions (DEED BK 1922 PG 350),
Request for CoC - Lot 2 Salem Turnpike, wpafrm8a-1620 Turnpike Street
Certificate of Compliance
242-1880, 531 Boston Street (OBS Builders LLC)
The Administrator provides background information on the Order issued in January 2024 and modified in
July 2024. The work has been completed, the swale was built, the erosion controls have been removed, and
the site is now stable.
A motion to issue a full and final Certificate of Compliance is made by Mr. Mabon, seconded by Mr.
Mustain.
Vote 5-0, Unanimous.
Documents
23-10507 Site As-Built -RCOC, 531 Boston Pics, Certificate of Compliance Checklist 10 28 21,
L_080724_NACC, wpafrm8a
Certificate of Compliance
242-1803, 59 Bannan Drive (Blackshaw)
The Administrator provides background information on the Order issued in January 2021. The work has been
completed, wetland markers are present and the site is stable.
A motion to issue a full and final Certificate of Compliance is made by Mr. Manzi, seconded by Mr. Mabon.
Vote 5-0, Unanimous.
Documents
As-Built Plan of Land - 59 Bannan Drive 08 08 24, COC Request with Supporting Materials - 59 Bannan
Drive 08 14 24, IMG_3695
Small Project
NACC #330, 276 Raleigh Tavern Lane (Jacobs)
7:14 p.m. Mr. McDonough joins the meeting.
The Administrator presents the proposal for installing a walkway from the rear basement door to the front
driveway to provide a flat easier access. The walkway will be approximately 65-foot from the BVW at its
closest point. The 3-ft wide walkway will have a 47-ft section within the Buffer Zone, with a 7'x3' concrete
landing outside the basement door, for a total of 169-s.f. within the Buffer Zone. Recommendations include
qualifying the project under category "L" with erosion controls, permeable material between pavers to ensure
infiltration and pre- and post-construction meetings.
Alexandria Jacobs, the Applicant states they propose to use filter fabric with pavers for the walkway.
Mr. Lynch questions if shed in the backyard was permitted.
The Administrator states the shed was signed off by a previous Administrator.
2024-08-28 Conservation Commission Minutes
Page 3 of 12
Approved 09/25/2024
A motion to accept and approve this as a Small Project "L" with conditions as recommended is made by Mr.
McDonough, seconded by Mr. Manzi.
Vote 6-0, Unanimous.
Documents
NearMap Layout, Pics, Small Project Application with Supporting Materials 07 19 24
Small Project
NACC #331, 325 Abbott Street (Vorrasi)
The Administrator presents the proposal for construction of a new deck, landing, and stairs totaling 225-s.f.
concrete footings will be added. The new
deck will be about 61-ft from the wetland area at the rear of the property. Recommendations include
qualifying the project under category "A" with erosion controls and holding pre- and post-construction
meetings.
A motion to accept and approve this as a Small Project "A" with conditions as recommended is made by Mr.
McDonough, seconded by Mr. Mabon.
Vote 6-0, Unanimous.
Documents
As-Built-Updated Wetlands Observation Notes 2024-325 Abbott Street, IMG_3806, Small Project Application
with Supporting Materials 08 01 24
Small Project
NACC #332, 75 Surrey Drive (Gilligan)
The Administrator presents the after-the-fact proposal for demolishing a 365-s.f. existing deck located 55-ft
from a wetland area, with erosion controls
approximately 71. 5-ft from the wetland. Recommendations include qualifying the project under category
"A", maintaining the existing erosion controls and holding pre- and post-construction meetings.
The Field Inspector states the new deck will be constructed partially within the footprint of the old deck
however the size will be reduced. The new deck will be located at the end of the driveway to the edge of the
house and will be 20-ft farther away from the wetland.
A motion to accept and approve this as a Small Project "A" with conditions as recommended is made by Mr.
McDonough, seconded by Mr. Mabon.
Vote 6-0, Unanimous.
Documents
IMG_3659, Small Project Application with Supporting Materials 08 05 24
Modification
NACC #301, 81 Paddock Lane (Hamilton)
The Administrator provides background on the Order issued in March 2023. The Applicant is seeking a
modification to add a 2-ft high retaining wall at the cut in grade to stabilize the shelf, minimizing ground
disturbance. The retaining wall will be situated outside the 50-foot NBZ. Additionally, the fence layout has
been adjusted to square off at the northeast corner of the patio, with a small section within the 50-foot NBZ
but still within the lawn area.
Thor Akerley, Williams & Sparages states in the past the NACC has allowed fencing within existing lawn in
the 50-foot NBZ.
The Administrator states the bylaw lists fences as a prohibited item within the 50-foot NBZ, however in the
e not prohibited.
The Commission discusses the proposed change to the fence layout located partially within the 50-foot NBZ
and agrees to allow the new layout.
A motion to grant the Modification as proposed is made by Mr. Manzi, seconded by Mr. Mabon.
Vote 6-0, Unanimous.
Documents
2024-08-28 Conservation Commission Minutes
Page 4 of 12
Approved 09/25/2024
Existing Conditions, Minor Modification Request - 81 Paddock Lane, Plan to Accompany a Notice of Intent -
81 Paddock Lane_R4
Request for Determination of Applicability
340 Johnson Street (Rock)
The Administrator presents the -foot
NBZ as well as partially within the outer 200-foot Riverfront Area associated with a stream. It also includes
repairing deck stairs, installing a 400-s.f. patio in the 100-foot Buffer Zone associated with a small pond in
the backyard, and using pervious materials for the patio. Portions of the patio and stairs are within the outer
Riverfront Area. A formal waiver request was provided for installing the fence in the 50-foot NBZ. She
recommends issuing a Negative #3 Determination, requiring erosion controls, pre-construction inspection
with the Conservation Department and contractor, and a post-construction inspection.
The homeowners are present for questions.
Mr. Lynch verifies the pond is natural, classified as resource area, not manmade.
No abutters are present.
A motion to approve the waiver request as proposed is made by Mr. Manzi, seconded by Mr. McDonough.
Vote 6-0, Unanimous.
A motion to close the hearing and issue Negative Determination #3 with conditions as recommended is made
by Mr. Manzi, seconded by Mr. McDonough.
Vote 6-0, Unanimous.
Documents
340 Johnson Street RDA Addendum Info, RDA Application with Supporting Materials 07 16 24
Request for Determination of Applicability
51 Nutmeg Lane (White)
The Administrator presents the proposal for installing a 4' high black aluminum fence around the backyard
and landscaping beds. The fence location is designed to avoid a 25-foot NDZ while still being 27-ft from the
IVW. A formal waiver request was provided for installing the fence in the 50-foot NBZ. The fence posts will
be installed using a "pounding installation technique" to minimize ground disturbances without the need for
concrete.
A motion to approve the waiver request as proposed is made by Mr. Manzi, seconded by Mr. McDonough.
Vote 6-0, Unanimous.
A motion to close the hearing and issue Negative Determination #3 with conditions to be listed by the
Administrator is made by Mr. Manzi, seconded by Mr. McDonough.
Vote 6-0, Unanimous.
Documents
JC Fence Proposal - 51 Nutmeg Ln., Pics 51 Nutmeg, RDA Application with Supporting Materials 07 31 24
Request for Determination of Applicability
60 Saville Street (Pearl)
The Administrator presents the proposal rehabilitating a 16' x 12' deck, adding a new 10' x 12' section with
stairs, and installing a 3' x 4' concrete pad. Six 12-inch sona-tube footings are proposed. The deck and stairs
with the new deck addition will be more than 300-s.f., requiring an RDA application. The new addition will
be no closer to the wetland than the existing deck, which at its closest, is about 65-ft. She recommends issuing
a Negative #3 Determination, requiring erosion controls, pre-construction inspection with the Conservation
Department and contractor, and a post-construction inspection.
Marco Pellegrini, Top Pro Construction LLC is present for questions.
A motion to close the hearing and issue Negative Determination #3 with conditions as recommended is made
by Mr. Manzi, seconded by Mr. McDonough.
Vote 6-0, Unanimous.
Documents
2024-08-28 Conservation Commission Minutes
Page 5 of 12
Approved 09/25/2024
IMG_3563, RDA Application with Supporting Materials 08 01 24
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 September 11, 2024, is made by Mr. Manzi, seconded by Mr. McDonough.
Vote 6-0, Unanimous.
Documents
Email from Andrew@goddardconsultingllc.com requesting a continuance until 09/11/24
Abbreviated Notice of Resource Area Delineation
242-1896, 0 Great Pond Road (Edgewood Retirement Community, Inc.)
The Administrator presents the ANRAD for Great Pond Road, Short Street, and Washington Street ROW in
Boxford. The wetland delineation was reviewed weeks ago, with the specialist, resulting in flag revisions and
series is non-jurisdictional swale that was previously reviewed by the NACC several years ago. There is no
Riverfront, 100-Year Floodplain, NHESP or Vernal Pools documented.
Mr. Lynch questions if these are all the resource areas on the property.
Thor Akerley, Williams, and Sparages state that they did not characterize all of the wetlands on the property.
The delineation does, however, include all of the resource locations within the boundaries of the area where
work is being considered.
No abutters are present.
A motion to close and issue in 21 days is made by Mr. Manzi, seconded by Mr. McDonough.
Vote 6-0, Unanimous.
Documents
0 Great Pond Road - Existing Conditions Plan_R1, Abbreviated Notice of Resource Area Delineation - 0
Great Pond Road, Abutters List, 0 Great Pond 07 02 24, Existing Conditions Plan - 0 Great Pond Road_R1,
Existing Conditions Plan - 0 Great Pond Road
Notice of Intent (NOI)
242-1894, 1101 Turnpike Street (Mass Electric Company)
The Administrator states the Applicant has requested a continuance.
A motion to continue to September 11, 2024, is made by Mr. McDonough, seconded by Mr. Mustain.
Vote 6-0, Unanimous.
Documents
Email from kkoncewicz@vhb.com requesting a continuance until 09/11/24
Notice of Intent (NOI)
242-1901, 1250 Osgood Street (1250 Osgood Street LLC)
The Administrator states the Applicant has requested a continuance.
A motion to continue to September 11, 2024, is made by Mr. McDonough, seconded by Mr. Mabon.
Vote 6-0, Unanimous.
Documents
Email from merreng@aol.com requesting a continuance until 09/11/24
Notice of Intent (NOI)
242-1895, 43 Monteiro Way (Schruender)
The Administrator provides updates on the project, including a shift of WF 15 now 15A 15-ft upslope and the
addition of stone infiltration trenches. These revisions are depicted on the plan.
No abutters are present.
A motion to close and issue in 21 days is made by Mr. Manzi, seconded by Mr. McDonough.
Vote 6-0, Unanimous.
2024-08-28 Conservation Commission Minutes
Page 6 of 12
Approved 09/25/2024
Documents
06-26-2024 Meeting Materials, 43 Monteiro Way updated plot plan, 22033 MA NORTH ANDOVER 43
MONTEIRO PR-signed-PFS 24x36 8-21-24
Notice of Intent (NOI)
242-1898, Rt. 114 & Turnpike Street ROW (North Andover DPW)
The Chairman informs the NACC that he met with Jason and Greg to discuss dewatering. He suggested that
the NACC look into the dewatering process when the decision is being finalized. Because it is difficult to
predict what will happen, he believes it is better to do a site evaluation, and after the awarding contractor
offers means and procedures, the NACC can do what is necessary.
Greg Hochmuth of Epsilon Associates believes they have come up with some solid conditions after reviewing
previous Orders approved by the Commission and incorporating some new language to create a system of
checks and balances, with a focus on stockpiling, dewatering, and other critical components discussed at the
last meeting.
Mr. Napoli questions if they have determined a location for the stockpile.
Mr. Hochmuth noted the town will reach out to neighbors outside resource regions for additional stockpiling
space. Plans now include a new stockpile site near Willows Pump Station, set for decommissioning. The
contractor must comply with limits, use plastic sheeting for piles, implement erosion controls, specific street
sweeping techniques, truck types, and disposal methods outlined in the updated package. Daily monitoring
will be required prior to any dewatering being conducted and a detailed plan stamped by a PE will be
submitted to the Commission for review.
According to the Administrator, the draft Order includes language addressing communication with the
contractor.
Mr. Lynch advises the consultant that the bid document should be carefully drafted as there is no basis for a
change order.
Mr. Hochmuth indicates that a waiver has been requested for the Jasmine Pump Station for pavement and
structures within the 25-foot NDZ, and that a fence is planned. An alternatives analysis was provided and
there will be a decrease in pavement closest to the river.
A motion to approve the waiver request as proposed is made by Mr. Manzi, seconded by Mr. Lynch.
Vote 6-0, Unanimous.
Melinda Perrone, 65 Meadowood Road, is concerned about the project's impact on traffic and dumping on
Willow Street, as well as the sewage from her neighborhood to the Jasmine Pump Station.
Jennifer Miller, Woodard & Curran confirms sewage will continue to flow from Jasmine Pump Station
without any collection changes.
Mr. Hochmuth confirms that two lanes of traffic will remain open on Rt. 114 during construction.
A motion to close and issue in 21 days is made by Mr. McDonough, seconded by Mr. Lynch.
Vote 6-0, Unanimous.
Documents
07-17-2024 Meeting Materials, 2024-08-07 Jasmine PS Upgrade Supplemental Information, Town of North
Andover Mail - Supplemental Info - Rt. 114 Sewer NOI, #242-1898
Notice of Intent (NOI)
242-1900, Great Pond Road (TONA)
The Administrator states the project consists of reconstructing the deteriorating boat launch, replacing the
failing retaining wall, and reorganizing parking, driveway, and boat rack areas. New features include a
Mechanically Stabilized Earth (MSE) retaining wall, permeable paver parking, and bioretention areas for
stormwater management. Security measures such as a double swing gate and locking bollards will be installed
at the boat ramp. The work will take place within 202-LF of the Inland Bank to Lake Cochichewick. 4,838-
s.f. of Land Under Water with 4,838-s.f. of replacement, 4,838-s.f. of 100-year floodplain Zone A, with
5,075-s.f. of replacement. NHESP identifies Eastern Pondmussel as a species of Special Concern in the Lake
(comment letter provided), 100-foot Buffer Zone and the 25-foot NDZ and 50-foot NBZ. An alternatives
2024-08-28 Conservation Commission Minutes
Page 7 of 12
Approved 09/25/2024
analysis and waiver request has been submitted. The project is before the Planning Board for Watershed
Special Permit and has gone through one round of stormwater peer review; the first set of comments have
been received.
Jamie Veillette, Environmental Partners states that the current asphalt boat launch is deteriorating, with the
retaining wall failing. The new ramp will have a 12% slope and extend further into the lake. Revetment will
be done on both sides and at the toe of the boat launch, with locking bollards restricting access to the Fire
Department. A new pathway will connect the boat launch to the circular driveway, and the parking area and
entrance have been redesigned for pedestrians. Bio retention areas will improve lake water quality, with a
relocated retaining wall providing additional Land Under Water. Rip rap slope is proposed to address erosion
issues. The contractor must submit a stamped PE submittal for the dewatering plan, including a turbidity
curtain and cofferdam during construction. Filter socks are proposed for on-site protection.
Mr. Mabon requests more details on turbidity management during demolition and construction.
Ryan Paul, Environmental Partners explains that once porta dams block the work zone, clean water will be
pumped over them and any groundwater will be treated using dirt bags or frac tanks. The porta dams are not
embedded, they sit on the bottom of the lake floor. Approximately 4 to 5-ft of water depth will be held back
with the porta dam. They are working on addressing feedback from the first round of stormwater peer
review before the next PB meeting. Soil boring results were included in the stormwater, water levels will
stay out of what they saw in the borings. The removal of the old retaining wall and installation of the new
wall will happen simultaneously as they do somewhat overlap.
The Administrator states the peer review comments from Horsley Witten were emailed to the NACC.
Mr. Mustain would like to see pre-treatment of bioretention basins included in the O&M Plan along with
more frequent cleanings.
Mr. Napoli shows concern about the current trees in the lake and is in favor of all new plantings on the
landside of the retaining wall.
8:22 p.m. The Field Inspector leaves the meeting.
Ms. Veillette states the tree is currently holding the existing retaining wall upright. Any trees bigger than 6
inches in diameter will be replaced 1:1, with natural tree plantings shown on the plan along the pathway
between the circular driveway and the boat launch ramp. The current swing gate at the roadway will be
replaced by a double swing gate and managed in a similar fashion.
8:24 p.m. The Field Inspector rejoins the meeting.
Mr. Lynch believes it is critical to ensure that the tree replacement meets previous requirements. He confirms
they are proposing a hand carry boat launch and that the Fire Department will be the only trailer allowed. He
is concerned about the ice-resistant durability of the proposed pervious paver for the boat ramp and believes it
will require continual maintenance. He believes that sealing off the porta dams at the bottom will be
challenging due to the hydrostatic pressure making dewatering during construction more aggressive.
No abutters are present.
A motion to continue to September 11, 2024, is made by Mr. Manzi, seconded by Mr. McDonough.
Vote 6-0, Unanimous.
Documents
App F_N. Andover Boat Launch Stormwater Report_July2024_V3, HW 1st Peer Review Comment Letter 8-
26-24, July 2024 Permit Drawings_North Andover Boat Launch_STAMPED, N Lake Cochichewick Boat
Launch_NOI Supplemental Information_20240826, N. Lake Cochichewick Boat Launch NOI
Application_July2024, TONA Abutters List 07 31 24
Notice of Intent (NOI)
242-1903, 186 Bradford Street (Ghikas)
The Administrator states the project involves replacing the current septic system with a pump tank to connect
to the Town sewer. The work will be done within a 100-foot buffer zone, with the new pump tank located 26
feet from the BVW. The force main will run through the side yard, under Bradford Street, along Settlers
Ridge Road (within the sidewalk), and connect to an existing sewer manhole on Town easement at 30 Settlers
Ridge. The new pump tank will be at elevation 196, with estimated seasonal high groundwater at elevation
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Approved 09/25/2024
200, and finish grade at about 202. A wetland and detention basin are to be included in the plan by the
engineer, located across Settlers Ridge. A DEP file number has not been issued. She recommends that all
catch basins in the vicinity be protected with silt sacks.
Mr. Mabon questions if the force main pipe within the 25-foot NDZ and 50-foot NBZ will be protected with a
sleeve.
Mr. Mustain inquires who is responsible for maintaining the system once it has been installed.
The Applicant, David Ghikas, states he believes the homeowner will maintain the pump and the contractor
will maintain the pipe for up to one year, while the TONA will maintain the pipe on Town land. He states that
the trench for the pipe will be 2-ft deep.
Mr. Lynch disagrees, claiming that the pipe and pump station will be private. He expresses concern that the
intended design does not work and that the check valve nearest the wetlands is not appropriately protected. He
says the design needs to be updated and resubmitted.
The Administrator states the DPW has signed off on the application to connect.
The Commission agrees the proposal needs redesign to incorporate frost protection, backflow protection,
buildability protection, and address dewatering conditions.
A motion to continue to September 11, 2024, is made by Mr. Manzi, seconded by Mr. McDonough.
Vote 6-0, Unanimous.
Documents
186 BRADFORD ST. Detail Sheet _NORTH ANDOVER2, 186 BRADFORD ST._NORTH ANDOVER1, NOI
Package for 186 Bradford sanitary sewer connection, Pics
Notice of Intent (NOI)
242-1899, 865 & 877 Johnson Street (Resca)
A motion to continue to September 11, 2024, is made by Mr. Lynch, seconded by Mr. Manzi.
Vote 6-0, Unanimous.
Documents
07-17-2024 Meeting Materials, Docs share with W. Dufresne- Lot 2A & 2B, 02.20.2018 PB Land Dist. Permit
Recorded Decision, 865 & 877 Johnson CSP (2), 180201 Mill Rd Construction Detail Sheet, Town of North
Andover Mail - 865 & 877 Johnson Street - DEP File # 242-1899
Notice of Intent (NOI)
242-1902, 82 Liberty Street (Landgraf)
The Administrator states unauthorized work on the rear deck, patio, and hot tub led to a broken water line that
needed to be reconnected requiring an NOI. After-the-fact work within the 50-foot NBZ and 25-foot NDZ of
the BVW involves rebuilding the rear deck, patio, and replacing the spa. Newly proposed work includes a
garage expansion with deck and pantry connection, partially within the 50-foot NBZ, while the garage and
pantry are outside the 50-foot NDZ. Installation of an updated septic system which is currently under review
with the BOH. A waiver request with planting mitigation was submitted and only covers new work, not the
rear activities. The Applicant was encouraged to use previous footprints and consult FEMA's Flood Plain
Maps due to concerns about wetland expansion. The floodplain is believed to have grown larger. She asks if
the back deck was intended to provide access from the west side of the home or stairs to the patio.
Nathanial Cataldo, Stamski & McNary states the pre-existing patio was an impervious stone patio, this was
removed to replace the waterline. They plan to extend the patio footprint by 2-ft, using a similar material, to
allow for spa access.
Mr. Mabon questions what appears to be an extension of the patio along the deck's footprint. He expresses
concerns with the amount of impervious area very close to the wetland line.
According to Mr. Cataldo, this section did not exist previously and does not extend beneath the deck.
Mr. Mustain asks about waivers for garage work and predicts the Commission won't approve patio expansion
near the wetland based on his opinion.
The Administrator states the only waiver is for a portion of the connecting deck to the garage.
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Approved 09/25/2024
Mr. Manzi believes the project should not be addressed by the Commission until ZBA approval. He confirms
that the property is still under a cease and desist order issued by the NACC.
Mr. Cataldo adds that the ZBA variance is for the garage's side setback. If they do not receive approval, they
intend to limit the project's scope or abandon it entirely.
Mr. Napoli & McDonough are not in favor of expansion into the 25-foot NDZ.
Mr. Lynch states he is against a waiver for a deck in the 50-foot NBZ, as well as enlarging the patio area, and
that if the proposed deck is different than what was initially there, he will oppose it as well.
The Administrator indicates that the consultant was given a copy of the as-built plan from when the house
was built. The as-built plan did not feature a patio, but rather a deck. She claims she was able to find an
approval for the hot tub from a prior Administrator.
The Commission agrees the project must receive ZBA approval before it can be heard.
A motion to October 23, 2024, is made by Mr. Manzi, seconded by Mr. McDonough.
Vote 6-0, Unanimous.
Documents
7327 NOI.rev, 7327.WPP.A
Enforcement Order/Violation
82 Liberty Street (Johnstone/Landgraf)
No action is required at this time.
Documents
06-12-2024 Meeting Materials
Enforcement Order/Violation
129 Forest Street (Trickett)
The Administrator provides background on the Enforcement Order heard at a previous meeting. An as-built
plan was prepared as requested by the NACC to close out the open OOC. The as-built shows that the patio
encroaches 2-ft into the 25-foot NDZ and is entirely located within the 50-foot NBZ.
The Commission agrees construction of patio and firepit in 50-foot NBZ and 25-foot NDZ would not be
approved.
Robin & Paul Trickett, the homeowners, are present. Mrs. Trickett says she's not sure when the setbacks to
the wetlands changed, but they previously had a smaller patio and wonder whether they'll be allowed to
reduce the footprint to its original size. Mr. Trickett states the house was approved within the 50-foot NBZ.
According to the Field Inspector, when the house was built, the NBZ was reduced from 50 to 30-ft.
Mr. Lynch wonders if the patio was included in the original plan when the house was built, and if it was, he
would consider allowing it to be reinstalled.
According to Mr. Trickett, the smaller patio was constructed around the time of the addition, and he was
informed that a patio did not need a permit at that time.
The Commission examines the authorized addition plan, which is devoid of a patio. The members agree that
the patio must be removed because there is no paperwork proving its permission. A one-year timeline is set
for homeowners to bring the site into compliance.
The Administrator says that after the site is back in compliance, the COC request can be addressed.
A motion to amend the Enforcement Order as discussed is made by Mr. McDonough, seconded by Mr.
Lynch.
Vote 6-0, Unanimous.
Documents
04-26-2023 Meeting Materials, 05-08-2024 Meeting Materials, 06-12-2024 Meeting Materials, 129 Forest
Street - Amended Enforcement Order 06 12 24, August 2024 As-Built Plan 129 Forest
Enforcement Order/Violation
49 Equestrian Drive (Maia)
2024-08-28 Conservation Commission Minutes
Page 10 of 12
Approved 09/25/2024
The Administrator reports that the chicken coop removal deadline has been met. September 20th was the next
deadline specified in the EO for planting installation. There will be a further status update during the meeting
on September 25th. The stream crossing culvert needs to be removed by October 18th; an update will be
given at the meeting on October 23rd.
No action is required at this time.
Documents
05-22-2024 Meeting Materials, 06-26-2024 Meeting Materials, Amended Enforcement Order - 49 Equestrian
Drive 06 26 24, IMG_3899, IMG_3900
Enforcement Order/Violation
105 Hillside Road (Awerman)
The Administrator states Conservation Staff was alerted of earth movement on the property, leading to a visit
where a yard rehab was found. The homeowner was told to stop all activities and install erosion controls. A
new walkway was built within the 50-foot NBZ, and while the pool, cabana, and patio are pre-existing,
specific information about the patio's size is unknown. A generator at the rear of the house was permitted by
the NACC in 2021.
9:20 p.m. Mr. Manzi leaves the meeting.
9:21 p.m. The Administrator leaves the meeting.
Alan Awerman provides background on flooding the property experienced in the Summer 2023. He claims he
replaced a pre-existing walkway made of brick and railroad ties which were rotted and deteriorating to help
divert water away from the house. The paver patio was replaced with poured concrete, preventing basement
seepage without expanding its size. The front yard was re-graded due to construction damage, with no new
soil brought in by the contractor.
9:23 p.m. The Administrator rejoins the meeting.
9:24 p.m. Mr. Manzi rejoins the meeting.
9:24 p.m. Mr. Napoli leaves the meeting.
The Administrator recommends that NACC require a wetland delineation and plot plan so they can determine
how to proceed. Pictures from when the generator was permitted are reviewed.
9:26 p.m. Mr. Napoli rejoins the meeting.
Mr. Lynch states he does not believe the NACC would have permitted the project if there is a Resource Area
within 50-ft. He states that a point source discharge from roof drain or sump pump cannot be any closer than
25-ft from the Resource Area.
Mr. Mustain expresses concerns on where the sump pump is discharging.
A motion to remove walkway and patio and restore the site to the original condition is made by Mr. Lynch,
seconded by Mr. McDonough.
The Commission continues to discuss the violation and agrees to allow the homeowner 30-days to secure a
wetland scientist, begin to delineate the wetlands and locate the discharge point of the foundation and roof
drain(s) and appear for the NACC at the September 25th meeting for an update.
Mr. Lynch withdraws his previous motion.
A motion to issue an Enforcement Order as discussed is made by Mr. McDonough, seconded by Mr.
Mustain.
Vote 6-0, Unanimous.
Documents
105 Hillside EO Pics, pics, Violation Letter - 105 Hillside Road 07 08 24
Enforcement Order/Violation
303 Chestnut Street (Rossi)
The Administrator states the Order enjoyed the benefit of COVID-19 emergency permit tolling, but it expired
in 2022.
noted that it would be amenable to issuing an Enforcement Order to allow project completion. The house
construction is totally complete; the only remaining work on site includes very fine grading, loaming and
2024-08-28 Conservation Commission Minutes
Page 11 of 12
Approved 09/25/2024
seeding to establish the lawn. A new line of entrenched silt fence and mulch sock was installed at the new
limit of lawn to allow grading to be done. A drip edge for roof runoff was in the detail sheets but not depicted
on the approved site plan. She recommends ratifying the Enforcement Order to allow for lawn establishment.
She also suggests having the homeowner speak with the design engineer about a drip edge or another
alternative.
A motion to ratify the Enforcement Order as discussed and suggest homeowner consult an engineer about
roof run-off is made by Mr. McDonough, seconded by Mr. Manzi.
Vote 6-0, Unanimous.
Documents
EO - 303 Chestnut 242-1676 - 8-16-24
General/New/Old Business
Half Mile Hill - Mowing
Mr. Manzi finds the mowing contract for Half Mile Hill unreasonable as it prohibits harvesting until August
15th. He believes the hay becomes unsellable by then, leading to a lack of interest in mowing.
The Commission discusses the mowing contract and Bobolink season which ends in mid-June. They agree the
moving forward mowing may commence on July 1st.
A motion to amend the contract from August 15th to July 1st is made by Mr. McDonough, seconded by Mr.
Mabon.
Vote 6-0, Unanimous.
Documents
2022 - 2025 Ag. Use License Half Mile Hill - Signed 07 13 22
General/New/Old Business
Woodlea Avenue - Conservation Restriction Sign Off
The Administrator states the Conservation Restriction (CR) signed by the Board of Selectmen and completed
baseline report are available. The Planning Board authorized the CR for open space around house lots last
May. Town Meeting accepted roadway at landowners' request via attorney. Street acceptance deadline is 120-
days to meet all requirements for legitimacy.
A motion to accept the Conservation Restriction as drafted is made by Mr. McDonough, seconded by Mr.
Manzi.
Vote 6-0, Unanimous.
Documents
FINAL Working Draft-Woodlea CR Baseline Report AM's 8-12-24 Edits, Woodlea Village CR - BOS
Signatures
General/New/Old Business
49 Longwood Avenue - Addition
The Chairman informed the Commission about the challenges faced while constructing a two-car garage
addition and converting the existing garage. Multiple contractors abandoned the project or defrauded funds
from the homeowner after foundation installation. Permits were obtained relying on contractors, including a
building permit with Conservation Department approval. Later, it was found the property had a Bordering
Vegetated Wetland and 100-Foot Buffer Zone.
The Administrator confirms that all work that could have affected the wetland has been completed and that no
effects are apparent.
Piter Jules, the homeowner is present.
The Commission discusses the project and agrees the proposed garage within the existing driveway footprint,
is farther from the wetland than the current garage, and does not encroach on the Buffer Zone. The NACC
believes it would have been approved under normal circumstances. An Enforcement Order is issued to
expedite the garage completion. Before receiving Conservation sign off for the Certificate of Occupancy, a
2024-08-28 Conservation Commission Minutes
Page 12 of 12
Approved 09/25/2024
detailed plan by a professional surveyor showing property lines, structures, wetland delineation, and buffer
zones is required.
A motion to issue an Enforcement Order as discussed is made by Mr. McDonough, seconded by Mr. Lynch.
Vote 6-0, Unanimous.
Documents
n/a
Decision
242-1895, 43 Monteiro Way (Schruender)
A motion to adopt the Order of Conditions as drafted is made by Mr. McDonough, seconded by Mr. Manzi.
Vote 6-0, Unanimous.
Decision
242-1898, Rt. 114 & Turnpike Street ROW (North Andover DPW)
10:01 p.m. Mr. McDonough leaves the meeting.
The Commission discusses the OOC and agrees additional time is required to review the supplemental
material provided by the consultant.
10:04 p.m. Mr. McDonough rejoins the meeting.
A motion to continue to September 11, 2024, is made by Mr. Lynch, seconded by Mr. Mustain
Vote 6-0, Unanimous.
Adjournment
A motion to adjourn at 10:04 p.m. is made by Mr. McDonough, seconded by Mr. Mustain.
Vote 6-0, Unanimous.
A motion to reopen the meeting is made by Mr. McDonough, seconded by Mr. Mabon.
Vote 6-0, Unanimous.
Decision
242-1896, 0 Great Pond Road (Edgewood Retirement Community, Inc.)
The Administrator reviews the draft Order of Resource Area Delineation.
A motion to adopt the Order of Resource Area Delineation as drafted is made by Mr. Lynch, seconded by Mr.
McDonough.
Vote 6-0, Unanimous.
Adjournment
A motion to adjourn at 10:05 p.m. is made by Mr. McDonough, seconded by Mr. Manzi.
Vote 6-0, Unanimous.
2024-08-28 Conservation Commission Minutes