HomeMy WebLinkAbout2024-11-13 Conservation Commission Minutes
Page 1 of 11
Approved 12/11/2024
North Andover Conservation Commission Meeting Minutes
November 13, 2024
Members Present: Bradley S. Mustain, Joseph W. Lynch, Sean McDonough, Louis A. Napoli, Chairman, John
T. Mabon, and Marissa Valentino
Members Absent: Albert P. Manzi, Jr., Vice Chairman
Staff Members Present: Amy Maxner, Conservation Administrator
Meeting came to Order at: 7:00 p.m. Quorum Present.
Pledge of Allegiance
Acceptance of Minutes
A motion to accept the minutes of October 23, 2024 as drafted is made by Mr. Mabon, seconded by Mr.
Mustain.
Vote 5-0, Unanimous.
Certificate of Compliance
242-1810, Osgood Pond Dam (Sutton Pond Condominium Trust)
The Administrator explained that the Order of Conditions, issued in October 2021, provided guidelines for
tree cutting, stump painting, shrub layer removal, and adding riprap aprons at two drainage outlets. The work
was completed in July, with stable site conditions, successful seed mix growth, and erosion control measures
still in place. GZA will oversee the next dam evaluation phase.
Mr. Mabon inquired about mowing over the sewer force main area.
The Administrator states she believes the sewer force main area is on Sutton Pond property by way of
easement.
Mr. Lynch noted the dam would need ongoing maintenance and suggested modifying the Order before issuing
a Certificate of Compliance. He highlighted that a fallen tree in the wetland, prohibited by the OOC, must be
removed. He also questioned whether the Applicant properly notified abutters as required.
Limhuot Tiv, GPR, Inc. acknowledged the tree removal oversight and confirmed the contractor would remove
it. He provided evidence of abutter notification via email between attorneys five days before work began. Mr.
Tiv notes that while a typical earthen bank dam would require maintenance, the presence of stumps at this site
prevents this. The next project phase will involve GZA assessing dam stability, compaction, potential fill
addition, and stump removal. The Order's Condition #69 mandated weekly site checks by the Erosion Control
monitor or after significant rain for 2 months, followed by monitoring every 4 weeks or after storms with
specific rainfall criteria until more work is authorized. Quarterly monitoring reports as required by the Office
of Dam Safety have been completed since the dam repair following an overtopping incident. Mr. Tiv suggests
incorporating quarterly reporting and maintenance tasks into one condition in the next Notice of Intent (NOI),
but is open to modifying the current Order if the NACC deems it necessary.
7:11 p.m. Mr. McDonough joins the meeting.
The Administrator mentions prohibited activities per the Order.
Mr. Lynch emphasized the need to allow ongoing maintenance, including mowing within the 25-foot NDZ,
while ensuring to use of fertilizers, herbicides, or pesticides are allowed. He proposed modifying the OOC
rather than issuing a COC now, as the time line for the next phase remains uncertain.
rehabilitation.
The Commission considers how to proceed with the revision and agrees that, per the regulations, they must
notify the Applicant via certified mail that they want to modify the OOC. They further concur that the
Applicant gave the necessary notification to the abutter as required by the OOC, and that the tree must be
removed from the wetland prior to the issuance of a COC.
A motion to continue to December 11, 2024, is made by Mr. Mabon, seconded by Mr. Lynch.
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Vote 6-0, Unanimous.
Documents
242-1810, Osgood Pond Dam OOC, Certificate of Compliance Checklist, Cut Tree in wetland, EMail - L.
VanDeVoorde Update to Order of Conditions conversation, EMail Correspondence - Osgood Pond Dam
CofC, Extension CofC 21 Days, IMG_3963, J. Kelly Email Response, Osgood Pond Dam Eng Rec Cert Letter
(2024 10 11), Osgood Pond Dam Form 8A, Osgood Pond Dam NOI Site Plan (2021 March)
Certificate of Compliance
242-1866, 104 Bonny Lane (Gaffny)
The Administrator provides background on the Order issued in April 2023 which included construction of an
in-ground pool, grading, tree removal, retaining wall, patio installation, fence removal, and reestablishment of
the NDZ. The Chairman approved a change to the patio layout, which has been completed correctly and in
compliance with the OOC. The work is complete, erosion controls have been removed and markers installed.
A motion to issue a full and final Certificate of Compliance is made by Mr. McDonough, seconded by Mr.
Mustain.
Vote 6-0, Unanimous.
Documents
104 Bonny Lane - Pics, 104 Bonny Lane WPA Form 8A, 104 Bonny Lane_Certificate of Compliance
Checklist 10 28 21, 2024-10-16_104 Bonny Lane NACC Cover Letter, Administratively Approved Patio
Change Plan, As-Built_104 Bonny Ln, cid_11C11F9F-3822-4296-8C0C-0421B43A4B21,clean-clear-plus-
cartridge-filter-brochure-english
Certificate of Compliance
242-1721, 562 Boxford Street (Heider)
The Administrator provides background on the Order issued in May 2018 which governed the demolition and
construction of a new single-family dwelling, driveway, septic system, utilities, and site work within the
Buffer Zone to BVW and Ephemeral Pool Habitat. The existing house was within the 25-foot NDZ, but the
new house footprint was moved outside that zone and into the 50-foot NDZ to an Ephemeral Pool with
required plantings. The Order was amended to allow for additional construction such as a front porch,
retaining walls, and walkways. The project is complete with all necessary plantings and structures installed as
specified in the plan. The work is complete, erosion controls have been removed and markers installed.
Dan Sievers, Morin-Cameron Group is present.
Mr. Lynch states he does not recall the crushed stone apron being part of the Order.
The Administrator explains that the crushed stone apron outside the 50-foot NBZ was a modification to
OOC, originally intended as a lawn area.
Mr. Lynch requests a note on the COC stating the area is to remain crushed stone in perpetuity and shall not
be paved.
A motion to issue a full and final Certificate of Compliance, requiring the crushed stone area to remain in
perpetuity and not be paved is made by Mr. McDonough, seconded by Mr. Mabon.
Vote 6-0, Unanimous.
Documents
562 Boxford Street CCAB_#242-1721, 562 Boxford Street_CoC Req. #242-1721, Amended Plan June 2021,
BZ Restoration Planting Report, Site Pics
Certificate of Compliance
242-1689, 1975, 1985 & 1995 Salem Street (Hodgson)
The Administrator provides background on the Order issued in April 2017 which oversaw the construction of
two driveways, an exfiltration system, an infiltration pond, and grading work in specific areas near wetlands.
The houses were outside of jurisdiction. The project was regulated by the Planning Board under a land
disturbance permit. Replanting was requested due to excessive clearing near the Riverfront, with new
plantings thriving. The expansion of impervious areas was due to house footprints which are outside of
2024-11-13 Conservation Commission Minutes
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Approved 12/11/2024
NACC jurisdiction. The stone pond appears well-maintained, although the builder noted it has never held
water.
Dan Sievers, Morin-Cameron Group is present.
A motion to issue a full and final Certificate of Compliance is made by Mr. McDonough, seconded by Mr.
Mustain.
Vote 6-0, Unanimous.
Documents
1975, 1985 & 1995 Salem Street_CoC Req #242-1689, Revised Planting Survivorship Letter_CoC Request
242-1689
Certificate of Compliance
242-982, 49 Equestrian Drive (Maia)
The Administrator provides background on the Order issued in October 1999 which governed the
construction of a single-family house and septic system. The driveway wetland crossing was previously
existing at the time of the NOI. A 450-sq. ft. area was temporarily disturbed for a PVC pump line installation
for the septic system. The sewer pipe in the BVW area was sleeved as required, and monitoring reports
confirmed proper revegetation. The certifying engineer noted deviations, but all work was within approved
limits. The restoration area from a recent EO is depicted on the As-Built Plan, and no outstanding issues were
found during the Administrator's recent site visit.
Thor Akerley, Williams & Sparages is present.
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
Approved Plan - 49 Equestrian #242-982, As-Built Plan - 49 Equestrian Drive, Certificate of Compliance
Request - 49 Equestrian Drive
Small Project
NACC #336, 55 Fuller Road (Tabola)
The Administrator states the project involves the repair of the driveway's retaining wall, steps, front walkway,
and entryway to the house. The work will be around 55-feet from the BVW within the lawn area. Materials
will be kept in the driveway outside the Buffer Zone. Recommendations include qualifying the project under
category "L" approving the project as proposed with erosion controls and post-construction inspection.
Michael Tabola, the Applicant is present.
A motion to accept and approve this as a Small Project "L" with conditions as recommended is made by Mr.
McDonough, seconded by Mr. Lynch.
Vote 6-0, Unanimous.
Documents
55 Fuller Road - Pics, Small Project Application with Supporting Materials 11 01 24
Small Project
NACC #337, 36 Autran Avenue (Fraser)
The Administrator states the proposal involves demolishing an existing wood landing and stairs to build a
12x16 deck and new 9x4 stairs, for a total of 228-sq. ft. Measurements were taken on-site, and the deck will
be 51-feet from an intermittent stream on neighboring property. Three new footings will be dug by hand.
The yard is flat with a fence to separate the work from the Resource Area; therefore, erosion control
measures are not needed. Recommendations include qualifying the project under category "A" approving the
project as proposed with a post-construction inspection.
Mr. Mabon inquires whether the shed is within the 25-foot NDZ; nevertheless, according to the Plot Plan,
both the shed and the fence are positioned somewhat off property.
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Approved 12/11/2024
Mr. Lynch questions how long the shed has been in place. He suggests that the permit indicate that the
NACC is not allowing any rights of trespass to fences or other objects represented on the design that are not
on site. He confirms that no additional foundation work is required by the Building Department.
Greg Fraser, Frasers Home Services confirms that no additional foundation work is required.
According to Mr. McDonough, 51-feet is dangerously close to the boundary, and he cautions the contractor
against going inside the 50-foot NBZ.
The Administrator asserts that the shed is in the Buffer Zone, but she did not measure for the 25-foot NDZ.
She states that a separate enforcement letter can be issued to have the shed moved.
According to Mr. Napoli, the fence is a more serious violation than the shed.
The Commission debates how to proceed since a permit cannot be issued with an open violation. They agree
that more investigation is needed to determine how long the fence and shed have been there. They agree that
the shed must be moved outside of the 50-foot NBZ or demolished if it is not compliant.
A motion to continue to December 11, 2024, is made by Mr. Mustain, seconded by Mr. Mabon.
Vote 6-0, Unanimous.
Documents
36 Autran Avenue - Pics, 36 Autran Deck with wetland measurement, Small Project Application with
Supporting Materials 11 04 24
Small Project
NACC #338, 614 Forest Street (Stephens)
The Administrator states the proposal aims to remove invasive plants like buckthorn, bittersweet, and
honeysuckle from wooded areas and lawn edges, replacing them with native plants to improve their thriving.
The property is near wetlands with vernal pools, but work will stay 60-feet away at its closest point. The
Applicant seeks consideration for pruning existing and planting native vegetation under Category "G". A
botanist report has been provided, and the Applicants' application details removal techniques, herbicide use
for larger plants that cannot be hand pulled, and potential native plantings.
Commissioners Lynch, Mabon, and Valentino agree that this is an excellent project.
According to Mr. Lynch, the Commission must think about how to provide for continuing vegetation
management because Small Project Permits (SPP) have a limited lifespan.
The Administrator states that the NACC has the authority to specify that the permission is valid for 3-years
and allows for ongoing management. She compares the permit to the Rolling Ridge, Giving Garden SPP.
According to the Commission, the SPP will remain in effect for three years, after which the Applicant must
return and submit a report detailing their progress.
Amy Stephens, the Applicant states she would be happy to come back and provide a report in 3-years.
The Administrator's recommendations include categorizing the project as "G," approving it as proposed,
conducting a pre-removal site visit to preserve tagged natives, a springtime visit with the staff, Applicant and
botanist, and a 3-year permit life span with a follow-up at the end with the option of a 1-year renewal.
A motion to accept and approve this as a Small Project "G" with conditions as recommended is made by Mr.
McDonough, seconded by Mr. Lynch.
Vote 6-0, Unanimous.
Documents
614 Forest Street - Pics, Small Project Application with Supporting Materials 11 04 24
Request for Determination of Applicability
148 Main Street (Sutton Pond Condominium Trust)
The Administrator states the project involves milling and overlaying the parking area at the easterly side of
the complex closets to Osgood Pond and replacing three catch basins with new deep sump hooded catch
basins. The pavement's square footage will remain the same. No new impervious areas, grade changes, or
runoff alterations are planned. One catch basin is outside jurisdiction, one is just inside the 100-foot BZ and
the third is just at the 50-foot NBZ to the pond. Erosion controls and inlet protection are included in the
proposal.
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Approved 12/11/2024
Limhuot Tiv, GPR, Inc. states that they proposed to replace the catch basins structures due to their age, with
the majority of them filled with sediment and some cracked. They proposed replacing them with a structure
that includes a 4-foot sump, making the parking lot easier to clean and maintain. A 4-foot sump is the norm
for new catch basins. The catch basin in the 50-foot NBZ is surrounded by broken asphalt, which transports
silt into the catch basin and then into the pond.
Mr. Lynch believes that because the project is to replace structures that discharge directly into the Resource
Area, an O&M Plan is required. He inquires as to the type of protections proposed for the catch basin
replacement. Although the project is an RDA, there is currently insufficient information on the plan to
classify it as such.
Mr. Tiv states an O&M Plan was done for a previous filing and never submitted; it has been provided to the
owner's representative.
Mr. Lynch wants to know who controls and reviews the Town of North Andover's NPDES reports. The
NPDES permit is now in year 5 of 7. When the new NPDES permit is issued, the Applicant will be required
to submit reports.
The Administrator states she believes this is overseen by the Department of Public Works.
Mr. Napoli questions if they are proposing a total reclamation or if they are milling the parking area.
Mr. Tiv states they propose to mill 1--inches down, no grade changes are proposed. Work is proposed to
start in the Spring of 2025.
Mr. Lynch requests a dewatering detail on the plan stating discharge of water would only be to silt bags
discharged to paved areas.
The Commission agrees to continue the hearing to allow the Applicant to submit the O&M Plan and provide
plan details of how they propose to protect the catch basins during construction.
No abutters are present.
A motion to continue to December 11, 2024, is made by Mr. McDonough, seconded by Mr. Lynch.
Vote 6-0, Unanimous.
Documents
148 Main St RDA Application (2024 October), 148 Main Street RDA Site Plan (2023 August), Extension RDA
21 Day
Modification
242-1903, 186 Bradford Street (Ghikas)
The Administrator states the Commission recently issued an OOC for sewer connection at the property. The
homeowner has been working with Eversource to explore a gas connection, and a proposal has been finalized.
The gas line will be installed 18-inches deep in a trench on the easterly side of the house, extending into
Bradford Street for connection to the main street line. Some of the work will take place within the 25-foot
NDZ, as the house falls within the 50-foot NBZ due to being built in 1970. The proposed route is the most
efficient due to internal system location. It is recommended to approve the modification request, with the
addition of a simple silt fence for the flat area where excavation will occur.
David Ghikas, the Applicant is present.
Mr. Lynch requests that the erosion control shown on the plan be extended further around the house to the
north and east to encompass the gas line work.
Mr. McDonough questions if a waiver is required for the temporary disturbance.
The Administrator notes that a waiver was granted for the sewer work; the gas line work is similar to the
sewer line work, but less intense and all areas will be returned to pre-existing lawn.
A motion to grant the Modification as discussed and recommended is made by Mr. McDonough, seconded
by Mr. Lynch.
Vote 6-0, Unanimous.
Documents
186 BRADFORD ST._NORTH ANDOVER3A, 186 BRADFORD ST._NORTH ANDOVER3B, Modification
Request 186 Bradford
2024-11-13 Conservation Commission Minutes
Page 6 of 11
Approved 12/11/2024
Notice of Intent (NOI)
242-1894, 1101 Turnpike Street (Mass Electric Company)
The Administrator provides background information on the project heard at a previous meeting. At the last
meeting the NACC requested an O&M Plan for the entire site, including test pits in the gravel wetland area.
The O&M Plan was received and emailed to members for review, and test pits showed no changes needed for
the gravel wetland and no expected ledge encounters. The Planning Board closed on the project and issued a
decision.
Mr. Mabon confirms they are satisfied with the responses from the stormwater third party peer review.
Shane Michniewicz, VHB and Kelan Koncewicz, VHB are present.
A motion to close and issue in 21 days is made by Mr. McDonough, seconded by Mr. Lynch.
Vote 6-0, Unanimous.
Documents
2024-11-01_Merrimack_Valley_OM_Parking_Lot_RTC_compiled, 06-26-2024 Meeting Materials, 10-09-
2024 Meeting Materials
Notice of Intent (NOI)
242-1900, Great Pond Road (TONA)
The Administrator states at the last meeting the Commission requested test pits to be done, which led to
changes in the design of bioretention areas to grass lined infiltration basins to maintain proper separation. No
changes were needed in the Stormwater Report. A case study on materials for the boat launch with an
emphasis on ice impact and resistance was requested by the NACC. Unlike the Towns, the Peabody
construction is not surrounded by a rock revetment.
Ms. Valentino believes the previous plan depended on bioretention media to meet TSS requirements prior to
treatment. She questions whether the calculations have been revised.
Ryan Paul, Environmental Partners states originally, they proposed a bioretention plan for better aesthetics
and nitrogen removal, but had to adjust due to MassDEP regulations. The water level must be 2-feet below
the bio material to meet requirements, so they opted for a regular infiltration basin which still meets 80% of
requirements. Most water comes from the roadway, with half going into the basins on pervious surfaces. The
calculations remain the same for both bioretention and infiltration basins, providing similar treatment
measures.
Mr. Mabon questions how long the Crystal Lake boat ramp has been in service.
Mr. Paul adds that the Peabody boat ramp was built in June 2018. They've spoken with the North Andover
Department of Public Works, and they prefer the pavers because they're easy to replace if something breaks.
Mr. Lynch points out that the updated submission for Crystal Lake depicts the pavers on top of a geogrid
matrix. He feels the geogrid will help to stabilize the boat ramp against frost heaves.
Mr. Paul notes that, while the manufacturer did not recommend using it during the initial design phase, they
are pleased to include it in the final plans.
Mr. McDonough inquires as to whether the Administrator believes Crystal Lake is similar to Lake
Cochchewick and if, during her site visit, she witnessed anyone putting a boat in the water. He is not sure if
this is a good design or bad design but he does not believe that Crystal Lake is comparable to Lake
Cochchewick.
The Administrator reports that on the day of her site visit a tiny aluminum boat was in the water. According
to her, the designs must be revised to include the geogrid before the NACC can close on the project.
A motion to continue to December 11, 2024, is made by Mr. McDonough, seconded by Mr. Lynch.
Vote 6-0, Unanimous.
Documents
08-28-2024 Meeting Materials, 10-09-2024 Meeting Materials, Amy's Pics - Crystal Lake Boat Launch 11-
11-24, Crystal Lake Boat Launch Const. Pics_20241107_red, Revised Site Plan and Detail Sheet Inf. Basin
20241107_red, Supplemental Information Cover Letter #3_20241107_red, Supplemental Information Cover
Letter #3_20241107_red
2024-11-13 Conservation Commission Minutes
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Approved 12/11/2024
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 December 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 12/11/24
Notice of Intent (NOI)
242-1902, 82 Liberty Street (Landgraf)
The Administrator states that this proposal addresses unauthorized work on the rear deck, patio, and hot tub.
The work includes demolition of the rear deck, a rear patio demo, and a spa replacement. The garage has
received relief from ZBA. Newly proposed work includes a garage addition with deck and entry connection
outside the 50-foot NBZ, a driveway extension to meet the new garage, and an upgraded septic system
between the 50-foot NBZ and 100-foot Buffer Zone. The septic system is currently under BOH peer review.
The Applicant is seeking waivers for the larger deck and work within the 25-foot NDZ and 50-foot NBZ. Per
her recommendation they provide a more focused alternatives analysis and waiver request, along with a
Mitigation Plan that enhances the Buffer Zone and the wetland.
Ms. Valentino confirms that all planting will be done by hand and inquires as to if any grading or
modifications are being suggested. She wonders if installing the erosion control line in the wetland will cause
greater disturbance to the planned hand plantings.
Nathanial Cataldo, Stamski, & McNary states they chose plantings based on North Andover's plant list with
erosion controls (compost sock) to protect the wetlands.
The Administrator believes a seed mix would be unnecessary because the wetland is already well-vegetated
with herbaceous species but lacks shrubs. Water levels have risen over the years, leaving dead trees and a
sunnier landscape. The herbaceous growth has grown due to additional light, but more shrubs are required.
She agrees with Commissioner Valentino that the erosion controls in the wetland may not be necessary.
Mr. Mabon questions when the house was built.
The Applicant, Dirk Landgraf, states that the house was constructed in 1987. He claims that beaver activity
has caused the wetland to increase during the last 13-years, since the house was purchased.
Mr. Lynch confirms that the silt fence that was necessary as part of the EO will not be removed until the work
is completed.
According to the Administrator, she visited the site today and verified that the cantilever extends the deck
surface by an extra two feet and that the deck footings are in essentially the same place as before. But the
stairs leading to the driveway are 1.9-feet wider.
According to Mr. Cataldo, the BOH peer reviewer's recommendations included two things: first, adding a
note to the plan concerning the waiver request; and second, giving precise specific instructions/details on
venting.
Mr. Lynch attests that they have complied with the permit coordination requirement and have made adequate
progress with the BOH.
Mr. Mustain confirms that since the footings haven't altered, even though they have cantilevered the deck
further into the 25-foot NDZ, there isn't any more disturbance than there was before. He says he'd be willing
to support the waiver request because he believes there's a fair case to be made that they're not disturbing
anything else within the 25-foot NDZ, but he's concerned about setting a precedent.
The Commission discusses the waiver request and acknowledges that they have traditionally followed the
footing location, permitting decks to be cantilevered over the wetlands. Noting that the footing must be 50-
feet away.
A motion to grant a waiver request for the 25-foot NDZ and 50-foot NBZ specific to the stair landing from
the deck, modifications to the driveway, and enable planting activities for restoration in the Resource Area is
made by Mr. Lynch, seconded by Mr. Mabon.
Vote 5-1 (In Favor: Mustain, Napoli, Lynch, Mabon and Valentino Opposed: McDonough).
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Approved 12/11/2024
A motion to close and issue in 21 days is made by Mr. Lynch, seconded by Mr. McDonough.
Vote 6-0, Unanimous.
Documents
08-28-2024 Meeting Materials, 82 Liberty Pics 11-13-24, Colored Rev. Plan, Waiver Request Form rev,
BOH_Response_Letter2_-_82_Liberty_Street_-_10.22.2024_Tue_Nov_12_2024_09-58-29
Enforcement Order/Violation
82 Liberty Street (Johnstone/Landgraf)
A motion to lift the Enforcement Order is made by Mr. Lynch, seconded by Mr. McDonough.
Vote 6-0, Unanimous.
Documents
06-12-2024 Meeting Materials, 82 Liberty Street - Amended Enforcement Order 06 12 24
Enforcement Order/Violation
55 South Bradford Street (Chatterjee)
The Administrator states the EO requested the removal and Restoration Plan of headwall materials from the
downstream side of the stream and BVW. A plan for this process includes using an excavator for heavy items,
followed by manual removal of smaller items, winter rye seeding, and additional planting (shrubs and native
seed mix) in the spring. Erosion controls are proposed along the bank of the intermittent stream. Because of
the size of the area, the Administrator believes the upstream Restoration Plan could benefit from additional
shrubs and trees.
Maureen Herald, Norse Environmental reports that when she reviewed the area and marked the wetland, she
saw no cut tree stumps. The majority of the vegetation removed was shrubs; however, most of the highbush
blueberry is returning. A significant percentage of Bittersweet was eliminated during the process. Throughout
the process, the area was not clear cut. She feels the area will recover and look great in the spring, but she
wonders if plantings are necessary. The site is stable, with no erosion apparent. All wood stockpiles in the
Resource Area are proposed for removal.
Ms. Valentino says she agrees that the blueberry will return, but so will the invasives. She is in favor of
planting some native plants.
The Administrator agrees with the wetland consultant that increased light will result in some rebound. She
supports keeping to the original plan and reassessing progress at the end of the next growing season to fix
any areas that require additional attention.
Mr. Lynch believes that the area should be restored to the performance standard, whether through natural
reversion or plantings, as long as they allow enough time for this to occur. He suggests reviewing the
restoration area in the Fall of 2025 to determine if further directives or restoration efforts are necessary. He
questions if the debris from the headwall is from a fascia in front of the concrete or if they were wing poles.
Ms. Herald explains that the stone headwall began to collapse, so it was rebuilt with a concrete headwall,
leaving the previous headwall stones behind.
Mr. Napoli requests that the headwall debris be removed by the next meeting.
After discussing the violation, the Commission decided to implement the Headwall Material Cleanup
proposal, which includes winter protection measures, by December 11, 2024, and report back on it at the
meeting that night. In order to guarantee 50% coverage of native wetland plants by the Fall of 2025, they
also chose not to support the upstream Restoration Planting Plan and instead required monitoring by a
wetland consultant. If further plants are required, the results of a site inspection will be presented at the
September 24, 2025 meeting.
A motion to amend the Enforcement Order as discussed is made by Mr. McDonough, seconded by Mr.
Lynch.
Vote 6-0, Unanimous.
Documents
09-25-2024 Meeting Materials, Enforcement Order - 55 South Bradford 09 25 24, Maps, Norse Restoration
Plan 11-11-24
2024-11-13 Conservation Commission Minutes
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Approved 12/11/2024
Enforcement Order/Violation
105 Hillside Road (Awerman)
The Administrator states the Enforcement Order required a surveyed Plot Plan showing all existing
conditions. The survey revealed 54-sq. ft. of encroachment into the 25-foot NDZ and 106-sq. ft. into the 50-
foot NBZ due to unauthorized concrete steps and patio expansion. A waiver request and alternatives analysis
were submitted, proposing to retain these structures while removing the play structure and planting 942-sq. ft.
of mitigation in the form of native planting in lawn in the 25-foot NDZ. The sump drains are detailed in a
survey, with the northerly pipe connected to Town drainage and the southerly to be modified with a pop-up
emitter. At the last meeting the Commission discussed removing an existing shed, however it appears this
option was not considered.
Maureen Herald, Norse Environmental noted that they want to relocate the play structure outside of the NDZ
and that the suggested mitigation covers more than five times the square footage of the 25-foot NDZ and 50-
foot NBZ. She claims the concrete structures help address groundwater issues for the homeowner.
Ms. Valentino states that in order to be consistent with other filings, she wants the shed moved. She inquires
whether the DPW is aware of the unauthorized connection to Town drainage. She understands this is not
within the Commission purview, but she believes it is critical that they be told.
The Administrator states she does not recall if the DPW was copied on the Enforcement Order or not.
Mr. Napoli states at the last meeting he directed the homeowner to move the shed.
Ms. Herald asks if the NACC would be amenable to relocating the shed outside of the 25-foot NDZ.
Mr. Mabon agrees that the shed cannot remain in its current location and suggests relocating the shed to
where they planned the play structure, and placing the play structure within the 25-foot NDZ.
The Commission talks about various aspects of the violation.
Ms. Herald requests that the Commission consider permitting the shed to stay in its current location if it
predates the Bylaw and everything within the setbacks has been restored.
The Commission agrees that the shed must be relocated, and the site brought into compliance. The
homeowner must provide documentation from the DPW approving the drainage connection. A revised plan
addressing all compliance issues, including the removal of the shed and the concrete area from the houses'
back corner, must be submitted by the December 11th meeting. No work may begin before May 1, 2025,
and all required work must be complete by mid-September 2025.
A motion to continue to December 11, 2024, is made by Mr. Mustain, seconded by Mr. McDonough.
Vote 6-0, Unanimous.
Documents
08-28-2024 Meeting Materials, 09-25-2024 Meeting Materials, 10-09-2024 Meeting Materials, Alternative
Analysis, EagleViewExport Aerial 4-4-23, Norse Restoration Plan 11-13-24, Plot Plan of Land with
restoration 11.11.24, Unofficial Property Record Card, Waiver Request Form 2019
Enforcement Order/Violation
113 Bridges Lane, Discuss Fines (at request of Norse Environmental)
The Administrator states Norse Environmental gave a timeline for enforcement to the homeowner, with the
main deadline being the delivery of a Restoration Plan, which was met. The plan was approved and
implemented, but fines were not discussed. The Enforcement Order mentioned reconsidering the fines
($6,000) if the deadline was met, and fines ceased when the Restoration Plan was received electronically on
April 27, 2024. Additionally, a fall monitoring report from a wetland consultant has been submitted.
Maureen Herald, Norse Environmental reports that all restoration work has been finished, with plantings
installed and the herbaceous layer growing. She mentions a need to reseed the slope by the driveway in the
spring as the initial seed did not take. The entire restoration project was completed by August 23rd.
The Commission discusses the violation and whether or not to rescind the fines.
A motion to rescind the fines in the amount of $6,000 in light of the compliance and anticipated future
compliance is made by Mr. Lynch, seconded by Mr. Mustain.
Vote 6-0, Unanimous.
Documents
2024-11-13 Conservation Commission Minutes
Page 10 of 11
Approved 12/11/2024
02-28-24 Amended EO 113 Bridges Lane, Last Set of Fines per Amended EO 04 30 24, Norse Fall
Monitoring Report 11-12-24, Timeline and Req to waive fines
Enforcement Order/Violation
129 Forest Street (Trickett)
The Administrator recommends removing 129 Forest Street from the agenda since the NACC gave the
homeowners until 2025 to bring the site into compliance.
No action is required at this time.
Documents
04-26-2023 Meeting Materials, 05-08-2024 Meeting Materials, 06-12-2024 Meeting Materials, 08-28-2024
Meeting Materials, 129 Forest Street - 2nd Amended Enforcement Order 08 28 24
Enforcement Order/Violation
242-1787, 135 North Ramp Road (Lawrence Municipal Airport)
The Administrator states the Applicant has requested a continuance.
A motion to continue to December 11, 2024, is made by Mr. McDonough, seconded by Mr. Mustain.
Vote 6-0, Unanimous.
Documents
Email from bGeaudreau@hancockassociates.com requesting a continuance until 12/11/24
General/New/Old Business
242-1830, 1101 Turnpike Street, Request for Extension (Mass Electric Company)
The Administrator provides background information on the Order issued in December 2021. It was only
recently realized that ZBA relief was needed due to zoning setbacks, and the project was put on hold. The
ZBA provided relief, and the project is anticipated to begin shortly.
A motion to grant the 1-year extension is made by Mr. McDonough, seconded by Mr. Mustain.
Vote 6-0, Unanimous.
Documents
242-1830 Approved Plan Set - Pole Barn, OOC Extension Request
General/New/Old Business
Trail Maintenance at Boston Hill/Behind Brightview (North Shore NEMBA)
According to the Administrator, trail upkeep on Boston Hill and behind Brightview routes has been suggested
by the New England Mountain Bike Association. No work is proposed in Buffer Zone or wetland areas; all
work is done on existing paths. Three areas require attention: To address mud and erosion, Section 1 requires
a wooden boardwalk and drainage repairs. Section 2 needs rock 'armoring' to prevent erosion and mud and
drainage repairs. They want to restore the old route and enhance the drainage of the upward curve in Section
3, which has significant erosion due to drainage problems. The CR on Brightview's property is held by the
NACC, and any trail development must be approved by the Commission and NHESP. All information has
been forwarded to NHESP for evaluation. She recommends approving the work pending NHESP approval.
A motion to approve the trail maintenance as proposed pending NHESP approval is made by Mr.
McDonough, seconded by Mr. Mabon.
Vote 6-0, Unanimous.
Documents
Boston Hill Maintenance Project Proposal 092124, Boston Hill Rev'd Amendment to Conservation
Restriction (signed), Brightview Boston Hill CR Recorded
General/New/Old Business
Stonecleave Road - First Right of Refusal - Chapter 61
Per the Administrator, the 13-acre property was formerly part of the Chapter 61 program, but since the owner
passed away, it has since been taken out. Developer Robert Innis and the family have a P&S agreement.
2024-11-13 Conservation Commission Minutes
Page 11 of 11
Approved 12/11/2024
Chapter 91 gives the Town the right of first refusal to buy the land at the proposed purchase price. Regarding
whether the Town should purchase the property, the Select Board is seeking input from the Planning Board
and Conservation Commission. Per the Administrator, the land is remote and unconnected to any trails or
other open areas. The $1+ million price tag is deemed unappealing for its purchase. The funds would be better
used for purchases that support the objectives of the Master Plans and Open Space.
The Commission agrees the property would be better suited for residential development as it has low
conservation value. They direct the Administrator to issue a memo to the Select Board urging them to forego
pursuing the purchase of the property.
Mr. Lynch makes the motion, which is seconded by Mr. McDonough, that the NACC recommends the Select
Board forgo the purchase of the Stonecleave Road property under the Right of First Refusal, as the property
lacks conservation value and does not align with the goals of the Master Plan and Open Space objectives.
Vote 6-0, Unanimous.
Documents
Stonecleave Road - P&S
Decision
242-1894, 1101 Turnpike Street (Mass Electric Company)
9:53 p.m. Mr. McDonough leaves the meeting.
The Administrator reviews the draft Order of Conditions.
The bond is set at $10,000. Additional language will be included in the Order stating that it applies solely to
the project submitted under the Notice of Intent and does not alter the conditions outlined in OOC #242-1830.
9:56 p.m. Mr. McDonough rejoins the meeting.
A motion to adopt the Order of Conditions as drafted and amended is made by Mr. McDonough, seconded
by Mr. Mustain.
Vote 6-0, Unanimous.
Decision
242-1902, 82 Liberty Street (Landgraf)
The Administrator reviews the draft Order of Conditions.
Information pertaining to the waiver request will be added to the Order. The bond is set at $5,000. Language
regarding erosion controls will be revised based on tonight's discussion.
A motion to adopt the Order of Conditions as drafted is made by Mr. McDonough, seconded by Mr. Lynch.
Vote 6-0, Unanimous.
Adjournment
A motion to adjourn at 10:04 p.m. is made by Mr. McDonough, seconded by Mr. Mabon.
Vote 6-0, Unanimous.
2024-11-13 Conservation Commission Minutes