HomeMy WebLinkAbout04 10 19 NACC Meeting Minutes
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North Andover Conservation Commission Meeting Minutes
April 10, 2019
Members Present: Louis A Napoli, Chairman, Albert P. Manzi, Jr., Vice Chairman, Joseph W. Lynch, Deborah A.
Feltovic and Douglas W. Saal
Members Absent: Sean F. McDonough and John T. Mabon
Staff Members Present: Jennifer A. Hughes, Conservation Administrator and Benjamin Curell, Field Inspector
Meeting came to Order at: 7:03 p.m. Quorum Present.
Pledge of Allegiance
Acceptance of Minutes
A motion to accept the minutes of the March 27, 2019 as reviewed and amended is made by Mrs. Feltovic,
seconded by Mr. Lynch.
Vote 4-0 Unanimous.
Small Project
NACC #230, 129 Carlton Lane (Schmidt)
The Administrator states at a prior meeting the Commission approved a Small Project (NACC #223) for a
fence on the adjacent property on the opposite side of the stream. The property owner is looking to install a
fence on his side of the stream. The portion of the fence closest to the stream will be inside the 25-foot No
Disturbance Zone. A site visit was done and the Administrator would like the location of the first fence post
moved further up the bank. The fence must be at least 6” off the ground to allow for wildlife movement. These
items have been discussed with the applicant and he is willing to comply. There is disturbance within the 25-
foot No Disturbance Zone. There are no permits on file with the town, aerial photos have been reviewed.
Bill Schmidt, the homeowner is present for questions.
James Boyle, 141 Carlton Lane states his concerns with previous wetland violations. In the past sixteen years
there has been dumping of construction materials and construction of a greenhouse in the wetland. Mr. Boyle
submits photos to the Commission for review.
Mr. Lynch states it is important to report violations in a timely manner so they may be dealt with immediately.
The Commission discusses the creation of the wetlands bylaw.
Mr. Manzi would like to know if the Administrator saw dumping/debris during the site visit that would prevent
the Commission from allowing a fence.
The Administrator states there is no dumping/debris to prevent the issuance of a Small Project Permit.
Mr. Schimdt states the house was purchased in 1995. A swing set and greenhouse (10’x8’) were installed and
have since been removed. He continues to use a small area for a vegetable garden and stores fireplace logs in
the area until they are needed.
The Commission discusses the aerial photos.
The Administrator states stream stats have been run, the stream is not perennial. In order to keep the properties
intact the banks should remain vegetated.
Mr. Manzi requests the Administrator revisit the property using the photos provided by Mr. Boyle to ensure no
debris remains on-site.
A motion to continue until April 24, 2019 is made by Mrs. Feltovic, seconded by Mr. Lynch.
Vote 4-0 Unanimous.
Documents
Small Project Application and Supporting Documents, dated March 26, 2019
Aerial Photos, dated April 4, 2003 & April 29, 2017
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NACC #231, 41 Bear Hill Road (Jones)
The Administrator states the proposal is to convert a three season room to a year round room. The three season
room is within the 50-foot No Build Zone but is not a violation. The project consists of new footings, they will
be using helical piles which will require no digging. Erosion controls have been proposed. The Administrator
suggests installation of wetland markers to protect the resource area.
No abutters are present.
A motion to accept this as a Small Project L is made by Mrs. Feltovic, seconded by Mr. Lynch.
Vote 4-0 Unanimous.
A motion to approve the Small Project as proposed (post construction inspection and installation of wetland
markers) is made by Mrs. Feltovic, seconded by Mr. Lynch.
Vote 4-0 Unanimous.
Documents
Small Project Application and Supporting Documents, dated March 28, 2019
Notice of Intent (NOI)
242-1745, 350 Winthrop Avenue (RDM, Inc.)
The applicant requested a continuance via email.
A motion to continue until April 24, 2019 is made by Mrs. Feltovic, seconded by Mr. Saal.
Vote 4-0 Unanimous.
Documents
Email from PEllison@theengineeringcorp.com requesting a continuance until 4/24/2019
242-1746, 495 Main Street, Recreation Complex (Town of North Andover)
The Administrator states the changes requested by the Commission have been added to the plan.
Jacob Murray, Waterfield Design Group states the changes include a guardrail along wetland, No-Snow
stockpiling signs, and native plantings in the buffer zone. The project was approved by the Planning Board on
April 2, 2019.
The Commission discusses illegal dumping that occurred on the North Andover Middle School property.
Mr. Lynch would like to know if there was anything conditional on the peer review.
The Administrator states there is one area of soil testing the Commission agreed to condition.
There are no abutters present.
A motion to approve a waiver of the 25-foot No-Disturbance Zone is made by Mr. Lynch, seconded by Mrs.
Feltovic.
Vote 4-0 Unanimous.
A motion to close and issue in 21 days is made by Mr. Lynch, seconded by Mrs. Feltovic.
Vote 4-0 Unanimous.
Documents
Recreation Complex Permitting Plans, dated December 20, 2018, revised March 27, 2019 prepared
by Waterfield Design Group
242-1751, 2051 Salem Street (Richards)
The Administrator states a note has been added to the plan stating the driveway will have a 2% slope toward
the swale. There is approximately 8,550 square feet in the Riverfront Zone with 4,000 square feet proposed to
be disturbed. This exceeds the 10% alteration allowed within the Riverfront Area. This is a limited project, the
driveway alteration is an exception as its considered access to the lot. 4,000 square feet will be the maximum
Riverfront Area ever to be disturbed on the property and will be noted in the Order of Conditions.
The Commission discusses the project and Riverfront Area.
There are no abutters are present.
A motion to close and issue in 21 days is made by Mr. Lynch, seconded by Mr. Saal.
Vote 4-0 Unanimous.
Documents
04 10 19 NACC Meeting Minutes
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Plan for Sewage Disposal System, dated February 6, 2019, revised April 5, 2019 prepared by
Benjamin C. Osgood PE
242-1753, 247 Chickering Road (Enterprise Bank)
The Administrator states the proposal is to demolish Bulger Animal Hospital building and parking lot and
construct a bank. The wetland line was reviewed and two flag changes were made. This change will be
reflected on the next plan revision.
David Jordan, MHF Design Consultants and Luke Bouchard, Enterprise Bank are present. Mr. Jordan
describes the existing site conditions and presents the proposal to construct a new Enterprise Bank. The
parking/paved surface will be pulled away from the resource area. The building is outside the 100-foot Buffer
Zone. The proposed parking on the South side of the building will be approximately 36-feet from the wetland.
A stacked field stone wall is proposed along the 25-foot No-Build Zone. The area between the wall and
parking lot edge will be revegetated. Other site improvements will include new utility connections to existing
services located within Chickering Road as well as a new stormwater management system. The peer review
comments that were received last week will be addressed. Variances required by ZBA were secured at the
April 9th meeting and they will appear before the Planning Board on April 16th.
Mr. Lynch is pleased with the reduction of impervious area and protection of the resource area. The water
table in the area is extremely high and infiltration will be difficult.
The Administrator states her concerns with snow plowing practices. There is sediment that has been pushed
into the wetland that should be removed. This will require the clean-up and restoration of the 25-foot No-
Disturbance Zone. She suggests having the applicant incorporate some form of LID. The planting plans have
been reviewed, plantings in the Buffer Zone should be native.
Mr. Manzi states since property has already been disturbed stormwater management will be an important part
of the project.
There are no abutters present.
A motion to continue to April 24, 2019 is made by Mr. Lynch, seconded by Mrs. Feltovic.
Vote 4-0 Unanimous.
Documents
Notice of Intent Application Checklist, dated March 27, 2019
Notice of Intent Application, dated March 27, 2019 prepared by MHF Design Consultants, Inc.
Stormwater Management Report, dated March 13, 2019, revised March 25, 2019 prepared by MHF
Design Consultants, Inc.
Peer Review Letter, dated March 28, 2019 prepared by Horsley Witten Group
Site Re-Development Plans, dated March 13, 2019 prepared by MHF Design Consultants, Inc.
General Business
242-1672, Request for Partial Bond Release (Lawrence Municipal Airport)
The Administrator states no documentation was submitted prior to the meeting for review.
David Rich, Stantec presents on behalf of the applicant. The impervious area of the runway was reduced and
the runway was shifted away from the wetland. Shifting of the runway required the relocation of a stream and
small wetland mitigation site. The total construction dollar amount for the project was approximately 10
Million Dollars. The environmental aspects were broken down into erosion controls, wetland mitigation
excavation and restoration, stream stabilization and restoration. The environmental items made up about 6% of
the total project. The stabilization of the relocated stream is still outstanding. He proposes a bond reduction
amount of $26,000.00 or 57% of the bond.
8:03 pm Mr. Napoli enters the meeting room and recuses himself from the discussion due to a conflict of
interest.
The Administrator states the project As-Built is still outstanding.
Mr. Rich states they have a large majority of the As-Built information, they still need to compile the
information into plans.
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Mr. Manzi states the stream is not operational and the bond amount would not cover the cost to rebuild the
stream if needed.
Mr. Lynch states he believes the project was under bonded and agrees with Commissioner Manzi.
The Administrator states she understands the Commission's concerns regarding the release of the bond. The
project won’t be a success until the stream relocation works. There is a 5 year monitoring period on the stream.
The Commission discusses the relocation and stabilization of the stream.
A motion to deny the request for a partial bond release is made by Mr. Lynch, seconded by Mrs. Feltovic.
Vote 4-0 Unanimous, Recused; Mr. Napoli.
Documents
No new information was submitted
242-1655, COC Request, Wellington Way (Messina Development)
The Administrator states that applicant is looking for a Certificate of Compliance which is required to apply
for street acceptance at Town Meeting. The two outstanding issues include vernal pools and site stabilization.
Greg Hochmuth, Williams & Sparages was on-site this week and two of the pools are certifiable. The
certification process is underway. The unstabilized areas have been loamed and seeded but grass is not
growing.
Bob Messina, Messina Development is present for questions.
Mr. Lynch states the certification of the vernal pools does not need to be completed for the Commission to
issue a Certificate of Compliance for the project. He confirms the acceptance for the roadway is on the
Warrant for Town Meeting.
Mr. Manzi states that Mr. Hochmuth’s letter states the unstabilized grass on the shoulder of the roadway is
outside the Commission's jurisdiction.
The Administrator states the unstabilized areas are adjacent to the stormwater structures which makes it an
area of concern for the Commission.
The Commission discusses the unstabilized areas.
A motion to issue a full and final Certificate of Compliance is made by Mr. Manzi, seconded by Mrs. Feltovic.
Vote 5-0 Unanimous.
Documents
As-Built Stormwater Letter, dated February 22, 2019 prepared by Christiansen & Sergi
Street As-Built Plan, dated February 11, 2019 prepared by Christiansen & Sergi
DPW Correspondence, dated April 10, 2019 prepared by Town Engineer, John Borgesi
Photos, dated April 9, 2019
242-1722, COC Request, 173 Campbell Road (Prescott)
The applicant requested a continuance via email.
A motion to continue until May 8, 2019 is made by Mrs. Feltovic, seconded by Mr. Saal.
Vote 4-0 Unanimous.
Documents
Email from lroy@ljrengineering.com requesting a continuance until 5/8/2019
242-1513, COC Request, 1600 Osgood Street/285 Holt Road (Goldstein)
The Administrator states the work for this project was never started.
A motion to issue a Full and Final Certificate of Compliance is made by Mr. Lynch, seconded by Mrs.
Feltovic.
Vote 5-0 Unanimous.
Documents
WPA Form 8A – Request for Certificate of Compliance
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Emergency Certification, 997 Dale Street
The Administrator states the Leonhard’s hay field is flooded and he has requested to conduct minor breaching
for trapping purposes. The Emergency Certification will be issued with standard conditions starting on April
22nd.
A motion to issue the Emergency Certification is made by Mr. Manzi, seconded by Mrs. Feltovic.
Vote 5-0 Unanimous.
Documents
WPA Emergency Certification Form
Enforcement Order/Violation
495 Main Street (North Andover Public Schools)
The Commission discusses illegal dumping that occurred on the North Andover Middle School property.
The Administrator states this is separate issue from the filing but was notice while conducting the delineation
for the project. The dumping was discussed at a prior meeting, cleanup will happen prior to the start of the
recreation complex. The Enforcement Order will require the debris be removed along with additional boulders
and signage placed to prohibit dumping.
Mr. Manzi expresses his concerns that the dumping will continue.
A motion to ratify the Enforcement Order as proposed is made by Mr. Lynch, seconded by Mrs. Feltovic.
Vote 4-0 Unanimous.
487 Winter Street (Haddah)
The Administrator states this was part of the Hollow Tree Lane violation. A meeting was held on-site recently
to discuss the violation. Site photos are presented to the Commission for review. The home is currently on the
market for sale.
Elaine Haddah, homeowner states that in December 2017 her property was trespassed on by a logger who took
down trees without approval. She has proposed to have ten (6 oak trees & 4 maple trees) trees planted by a
nursery specialist which will be guaranteed for two years.
Mr. Lynch would like to know if the Administrator is happy with the restoration plan proposed.
The Administrator states she helped the homeowner come up with the restoration plan. Mrs. Haddah is to
make sure the new homeowners know a restoration plan is in place. A copy of the contract is to be supplied to
the Commission prior to the installation of the plants. Plantings are required to be completed by May 15, 2019.
Mr. Napoli states a copy of the Enforcement Order and agreement is to be supplied to the new homeowner.
A motion to amend the Enforcement Order with restoration work as proposed is made by Mr. Manzi, seconded
by Mr. Lynch.
Vote 5-0 Unanimous.
Documents
Plan of Land, 24 Hollow Tree Lane, dated February 13, 2018 prepared by Williams & Sparages
Enforcement Order Letter, dated February 15, 2018
Enforcement Order Letter, dated June 20, 2018
Photos, dated April 3, 2019
240 Marbleridge Road (Styles)
The Administrator states the homeowners recently purchased the home and were not informed of the wetlands
on the property. A violation letter was issued for removal of two large pine trees that were cut within the 25-
foot No-Disturbance Zone. They have proposed the replanting plan of 4 red maples to replace the pine trees.
The caliper recommendation for the trees is 1.5” - 2.0”.
Nathan Styles & Bobbi Xayarath, homeowners are present for questions.
Mr. Lynch states it is important the trees are spaced appropriately.
The Administrator will provide the homeowners with spacing information. Plantings are required to be
completed by May 30, 2019.
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A motion to issue a new Enforcement Order with restoration work as proposed is made by Mr. Manzi,
seconded by Mrs. Feltovic.
Vote 5-0 Unanimous.
Documents
Restoration Plan, dated April 3, 2019
Restoration Proposal Letter, dated April 3, 2019
Violation Letter, dated March 20, 2019
242-1692, 1210 Osgood Street (NRP Group, LLC.)
Mr. Napoli recuses from the discussion due to a conflict of interest, Mr. Manzi steps in as chair.
The Administrator states a prior Enforcement Order was issued. A site visit was made and it appears the recent
rains have washed a lot of the materials out of the stream. Erosion controls have been placed and ground water
appears clearer. Photos were taken to show the current status. Per the assessors maps the location of where the
containment work is being done belongs to 25 Commerce Way, not the Lawrence Airport. The issue still
affects the airport as the material ends up on their property. The notification will need to be amended to the
correct property owner. Reporting is up to date and is being done daily.
The Commission discusses monitoring being done on site.
Dan Brenner, The NRP Group, LLC and Vern Kokosa, Sanborn Head & Associates, Inc. are present. Mr.
Brenner the owner at 25 Commerce Way will be notified immediately. Testing and samples are underway,
results are expected at the end of next week.
Mr. Kokosa states soil, sediment and water samples were taken for testing and the results will be available
before the next meeting. The soil and sediment samples are being analyzed to find out the origin. Additional
silt fence and waddles were placed at the edge of the wetland.
Mr. Lynch states his concerns the developer didn’t know who owned the abutting properties.
Mr. Manzi requests the boundary line be marked by a registered land surveyor and plans provided to the
Commission.
No abutters are present.
A motion to continue to April 24, 2019 is made by Mrs. Feltovic, seconded by Mr. Lynch.
Vote 4-0 Unanimous, Recused; Mr. Napoli.
Michael Miller, Lawrence Municipal Airport arrived after the discussion ended. He states they were not
aware of the ongoing issues onsite. He had the opportunity to walk the site after the discovery. They have
had aeronautical issues with the contractor. He received a request from Attorney Bill O’Brien for access to
the airport property for testing. The request was forwarded to the Lawrence Municipal Airport attorney who
suggested agreement be put in place for accessing the property. The response from the city attorney was
forwarded to Mr. O’Brien and they have not heard anything back.
Documents
Enforcement Order, dated March 29, 2019
Photos, dated April 10, 2019
Decision
242-1752, 1270 Turnpike Street (Sampson)
Administrator reviews the draft Order of Conditions.
The Commission accepts Order of Conditions as drafted and amended.
A motion to approve the Order of Conditions as amended is made by Mr. Lynch, seconded by Mrs. Feltovic.
Vote 5-0 Unanimous.
242-1751, 2015 Salem Street (Richards)
Administrator reviews the draft Order of Conditions.
The Commission accepts Order of Conditions as drafted and amended.
A motion to approve the Order of Conditions as amended is made by Mr. Lynch, seconded by Mrs. Feltovic.
Vote 5-0 Unanimous.
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242-1746, 495 Main Street, Recreation Complex (Town of North Andover)
Administrator reviews the draft Order of Conditions.
The Commission accepts Order of Conditions as drafted and amended.
A motion to approve the Order of Conditions as amended is made by Mr. Lynch, seconded by Mrs. Feltovic.
Vote 5-0 Unanimous.
Adjournment
A motion to adjourn at 9:24 p.m. is made by Mr. Manzi, seconded by Mrs. Feltovic.
Vote 5-0 Unanimous.
04 10 19 NACC Meeting Minutes