HomeMy WebLinkAbout2020-08-12 Conservation Commission Minutes
Page 1 of 9
Approved 8/26/2020
North Andover Conservation Commission Meeting Minutes
August 12, 2020
Members Present: The following identified themselves as present on the call: John T. Mabon, Albert P.
Manzi, Jr., Vice Chairman, Louis A. Napoli, Chairman and Deborah A. Feltovic
Members Absent: Douglas W. Saal, Joseph W. Lynch and Sean F. McDonough
Staff Members Present: The following identified themselves as present on the call: Amy Maxner,
Conservation Administrator
Meeting came to Order at: 7:05 p.m. Quorum Present.
The Administrator, Amy Maxner reads the following statement:
of people that may gather in one place, this meeting of the North Andover Conservation Commission will be
conducted via remote participation to the greatest extent possible. Specific information and the general
guidelines for remote participation by members of the public and/or parties with a right and/or requirement
members of the public who wish to watch the meeting may do so on their televisions by tuning to Comcast
Channel 8 or Verizon Channel 26 or online at www.northandovercam.org. No in-person attendance of
members of the public will be permitted, but every effort will be made to ensure that the public can adequately
access the proceedings in real time, via technological means. In the event that we are unable to do so, despite
best efforts, we will post on the Town of North Andover website an audio or video recording, transcript, or
other comprehensive recording of the proceedings as soon as possible after the meeting. If the public would
like to participate in public hearings please email your question/comment prior to or during the meeting to
amaxner@northandoverma.gov. The question/comment will be read during the proceedings and responded
to accordingly.
Chairman Louis Napoli acknowledges Deborah A. Feltovic for 27 years of loyal, outstanding service to the
Commission. The Commission and Administrator wished her well, tonight will be her last meeting.
Acceptance of Minutes
A motion to accept the minutes of the July 22, 2020 is made by Mrs. Feltovic, seconded by Mr. Manzi.
Vote 4-0, Unanimous.
Certificate of Compliance
242-0524, 9 Coventry Lane (Lot 2) (Stanley)
The Administrator states per the minutes from the July 7, 1993 meeting the Conservation Commission
voted to issue the Certificate of Compliance. The owners never received a copy of the COC and are
looking to have it reissued for recording purposes.
A motion to reissue a full and final Certificate of Compliance is made by Mr. Manzi, seconded by Mrs.
Feltovic.
Vote 4-0, Unanimous.
Documents
20200805115744817, Req. for CofC 07-06-93, 07-07-93 NACC Meeting Minutes
242-1720, 33 Regency Place (Maroun)
The Administrator provides background on the OOC. The Order was modified after-the-fact in July 2019
to allow a sport court outside the 50-foot NBZ. The applicant requested a Certificate of Compliance in
2020-08-12 Conservation Commission Minutes
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Approved 8/26/2020
late summer 2019, areas of the site were not yet fully stabilized, and the request was withdrawn. A site
visit was conducted, the area is stabilized, and the site is in compliance. The Administrator recommends
issuing a full COC.
A motion to issue a full and final Certificate of Compliance is made by Mr. Mabon, seconded by Mrs.
Feltovic.
Vote 4-0, Unanimous.
Documents
20190920150229132, doc20200716122639
242-1723, 67 & 87 Molly Towne Road (a.k.a Kelsey Lane, Lots 2 & 3) (RDM Kelsey, LLC)
The Administrator provides background on the OOC for two new single-family houses. A stone wall and
wetland markers were required at the 50-foot NDZ. Two rain gardens and swales with stone check dams
on the driveway shoulders were proposed to manage driveway runoff, plantings were specified. A site
visit was conducted, the rain gardens were in good condition and fully covered with herbaceous and
specified shrub plantings. The swale and stone check dams are in good shape and appear to be maintained
by the homeowners. The stone wall was constructed prior to house construction and is properly located.
The wetland markers have not yet been installed and the location of the roof infiltration chambers need to
be confirmed. The engineer has agreed to a continuance for the wetlands markers to be installed and the
as-built plan to be updated with the infiltration chamber location.
A motion to continue to August 26, 2020 is made by Mrs. Feltovic, seconded by Mr. Manzi.
Vote 4-0, Unanimous.
Documents
2020-07-14 COC Request 67 -87 Molly Towne Rd
242-1751, 2017 Salem Street (a.k.a. 2051 Salem Street) (LRC Builders)
The Administrator provides background on the OOC for the construction of a new single-family house.
The as-built conditions are in compliance with the disturbance limit within the Riverfront to Boston
Brook. The Order required a stone swale to be installed along the shoulder of the driveway within the
Riverfront to help mitigate runoff. The stone swale was constructed by the builder, but the current
homeowner filled it with loam for plantings. The Administrator recommends tabling the discussion to
allow for the stone swale to be cleaned out and reestablished. An affidavit from the new homeowner that
they have received a copy of the Order and verification that the foundation drain was installed around the
house are still outstanding are required. The Administrator states the project engineer has agreed to a
continuance.
Ben Osgood, Ranger Engineering Group is present for questions.
A motion to continue to August 26, 2020 is made by Mr. Manzi, seconded by Mrs. Feltovic.
Vote 4-0, Unanimous.
Documents
Copy of checks, 2020-07-14 COC Request 2017 Salem St No Andover
242-1714, 865 Johnson Street (a.k.a. 185 Mill Road) (TKZ, LLC)
The Administrator provides background on the OOC for two new single-family houses. At the August 28,
2019 meeting, the Commission considered a request for Certificate of Compliance for both lots. The
Commission released Lot 2 and held back issuing a COC for Lot 1A and some bond money to ensure a
full 2-growing seasons for the restoration plantings and the invasive species removal. The final restoration
monitoring report was received, and a site visit was conducted. The area is fully vegetated with native
herbaceous and the woody species and trees look good. The Administrator recommends issuing the full
Certificate of Compliance and release of the remaining bond.
A motion to issue a full and final Certificate of Compliance is made by Mrs. Feltovic, seconded by Mr.
Manzi.
2020-08-12 Conservation Commission Minutes
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Approved 8/26/2020
Vote 4-0, Unanimous.
Documents
COC Request 242-1714 185 Mill Road - Jul 30 2020 - 4-12 PM
Small Project
NACC #254, 56 Abbott Street (Wood & Capobianco)
The Administrator states the applicant i s seeking to expand a paver patio by 126 s.f. in the backyard of the
property. The work is 53-feet from BVW in the backyard. The Field Inspector conducted a site visit and
has confirmed the delineation on the plan is accurate. The Administrator recommends approval of the
project as a Category "F" with the following conditions requiring erosion controls be installed at the 50-
foot NBZ and reviewed by staff prior to the start of work and a post-construction inspection with
Conservation Department to verify compliance.
A motion to accept this as a Small Project F is made by Mr. Manzi, seconded by Mrs. Feltovic.
Vote 4-0, Unanimous.
A motion to approve the Small Project as proposed is made by Mr. Manzi, seconded by Mrs. Feltovic.
Vote 4-0, Unanimous.
Documents
Abbott St 56 plot plan with scale, Application Page 1, Application Page 2, Scope Of Work, Plot Plan
NACC #255, 1270 Turnpike Street (Sampson)
The Administrator states the property is currently governed by an OOC, for the construction of a play area
associated with a proposed daycare facility. The proposal includes digging two soil test pits via backhoe,
no deeper than 10-feet to aid in the design of storm water management and mitigation for the proposed
parking lot expansion. The closest pit is approximately 85-feet from BVW along the northwestern side.
The furthest test pit straddles the limit of the 100-foot Buffer Zone to BVW. Per the narrative, the tests
will take no more than 6 hours and will be completed the same day. The Administrator recommends
approval of the project as a Category "L" and requires the reseeding of the disturbed soils and cover with
straw or hay mulch.
Mr. Manzi would like to know if a permit was received to run a daycare facility. He cautions the
consultant to contact the Administrator once the tests pits have been completed before any other work is
done.
Deb Colbert, Hancock Associates states a permit to run a daycare facility has not been applied for yet.
The applicant is looking to conduct test pits to see if expanding the parking lot would be a viable option.
If the parking lot can be expanded, they will come to the Commission to request a
modification/amendment to the OOC.
7:34 p.m., Mr. Napoli experiences technical difficulties.
7:35 p.m., Mr. Napoli rejoins the call.
The Commission discusses the proposal.
7:37 p.m., Mrs. Feltovic experiences technical difficulties.
7:38 p.m., Mrs. Feltovic rejoins the call.
A motion to accept this as a Small Project L is made by Mr. Manzi, seconded by Mrs. Feltovic.
Vote 4-0, Unanimous.
A motion to approve the Small Project as proposed is made by Mr. Manzi, seconded by Mrs. Feltovic.
Vote 4-0, Unanimous.
Documents
Small project application test pits 7.21.20
NACC #256, 490 Winter Street (Dainowski)
7:41 p.m., Mr. Mabon experiences technical difficulties.
7:42 p.m., Mr. Mabon rejoins the call.
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Approved 8/26/2020
The Administrator states the homeowner was before the NACC last fall for the demolition and filling in
of an in-ground pool, loaming and seeding over disturbed areas. The closest part of that work took place
approximately 94-feet from the wetland. The Conservation Department received a call from a neighbor
reporting work being done in the Buffer Zone. A site visit was conducted by the Field Inspector and at
that time, it appeared the homeowner was preparing to install a patio in the area where the pool used to
be. The homeowner was instructed that no work in the Buffer Zone may take place without a permit. The
Field Inspector reported there appeared to be space outside the Buffer Zone to allow for a patio without
encroaching into jurisdiction. The homeowner is seeking approval for a landscape water feature. The
Small Project plans submitted lack details and description. A site inspection was conducted, and the water
feature has already been constructed and is within the Buffer Zone. The water feature is approximately
85/90-feet from the wetland. The homeowner was instructed to cease and desist all work. He was
informed the NACC may not approve this as a Small Project permit, and that the Commission may issue
an Enforcement Order requiring an RDA be filed with a fully surveyed site plan.
Mr. Mabon feels the project lacks information and that more detail is required.
Mr. Napoli expresses concerns with water being diverted for the water feature.
Mrs. Feltovic would like to know if an RDA would be sufficient or if an NOI would better serve the
project.
The Administrator states this will be better determined once they have a surveyed plan.
Mr. Dainowski, the homeowner, states he was unaware the permit to remove the pool did not include the
other work he intended to do. The water feature is self-contained, and the water does not leave the pond.
The patio work has not started, and he feels it is well outside the 100-foot Buffer Zone.
The Commission discusses the proposal and agrees to issue an EO requiring all work to stop and
submission of after-the-fact permitting to be determined with wetland delineation and full survey plan for
all proposed work.
A motion to deny the request for a Small Project is made by Mr. Manzi, seconded by Mr. Mabon.
Vote 4-0, Unanimous.
A motion to issue an Enforcement Order as proposed is made by Mr. Manzi, seconded by Mr. Mabon.
Vote 4-0, Unanimous.
Documents
Small Project Application 07 27 20
NACC #257, 134 Crossbow Lane (Erickson Foundation Supportworks)
The Administrator states the applicant i s seeking to replace support footings under an existing sunroom
with EZ Post helical piers. Based on site observations and measurements taken by the Administrator the
closest side of the sunroom is 55-feet from BVW. The installation of helical piles will result in low
impact. The Administrator recommends approval of the project as Category "L" with a condition that a
post construction site inspection be scheduled with Conservation staff.
Mr. Mabon would like to know if any excavation is required for the installation of the helical piers and if
they will be removing the old supports.
The Administrator states no excavation is required for the installation. The application does not speak to
the removal of the old supports.
The Commission agrees that if any foundation work is done, including removal of the existing foundation
erosion controls will be required.
A motion to accept this as a Small Project L is made by Mr. Manzi, seconded by Mr. Mabon.
Vote 4-0, Unanimous.
A motion to approve the Small Project as proposed is made by Mr. Manzi, seconded by Mrs. Feltovic.
Vote 4-0, Unanimous.
Documents
Fraleigh_Alice_N Andover_contract,Crossbow 134 aerial image, Small project conservation
application
2020-08-12 Conservation Commission Minutes
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Approved 8/26/2020
NACC #258, 83 Olympic Lane (Paiva & Sons Landscaping Corp)
The Administrator states the applicant i s seeking to replace the existing front wooden steps and landing in
the same footprint. They proposed to use granite for the steps and landing replacement. The front steps
are approximately 80-feet from BVW, the wetland is protected by the house. The Administrator
recommends approval of the project as Category "L" with a condition requiring post-construction site
inspection with Conservation staff.
A motion to accept this as a Small Project L is made by Mr. Manzi, seconded by Mrs. Feltovic.
Vote 4-0, Unanimous.
A motion to approve the Small Project as proposed is made by Mr. Manzi, seconded by Mrs. Feltovic.
Vote 4-0, Unanimous.
Documents
Small Project checklist page 2, plot plan, 83 Olympic project narrative, Small Project checklist page 1
Request for Determination of Applicability
53 Bear Hill Road (Kenney)
The Administrator states the applicant is seeking approval for the installation of an above-ground pool to
be set inside an existing opening in an existing deck. The deck is within 50-feet of the BVW and the new
pool will be 35-feet from the BVW. The deck has been in place since the house was built in the early 80's.
A wetland delineation was performed. The flags were reviewed and found to be accurate and reasonable,
no wetland violations were observed. Stone dust is proposed to level the ground for the pool, no ground
disturbance is proposed. A waiver request was provided. A waiver to the Watershed Special Permit was
granted by the Planning Board. There will be no ground disturbance, no vegetation removal and no
grading. The Administrator recommends issuing a Negative #3 and granting a waiver to the 50-foot NBZ.
The pool filter system is to be cartridge style with no backwash, pool drawdown shall be upgradient of the
house within lawn, and no direct discharge to the wetland.
A motion to issue a Negative Determination #3 as recommended and granting a waiver of the 50-foot
NBZ is made by Mr. Manzi, seconded by Mrs. Feltovic.
Vote 4-0, Unanimous.
Documents
53 Bear Hill Road - Legal Notice 08 05 20 - Tribune, 53 Bear Hill Road - Legal Notice 08 05 20 - Public
Notice, abutters 4, abutters 3, abutters 2, abutters 1,53 bear Hill Rd.RDA .pics, Figure 1-revid 07.20.20,
RDA application, 53 bear Hill Rd.RDA .rpt
548 South Bradford Street (Jay)
The Administrator states the applicant is seeking work outside and inside the Buffer Zone. A wetland
delineation was performed by Rimmer Environmental. The flags were reviewed and found to be accurate
and reasonable.
Outside of the Buffer Zone they are proposing the demolition of the existing in-ground pool and patio to
be replaced by lawn, landscape beds, walkway rehabilitation, new stairs off existing deck, new paver
patio below deck and stone walls off the northerly end of the house. Inside Buffer Zone they are
proposing to build a new wall upgradient of the old retaining wall within the existing lawn area. Per the
consultant fill will be brought in to level off the area next to the new retaining wall.
Mary Ri-
of dry laid stone wrapped in filter fabric. Some fill will be required behind the wall on the house side to
level out the yard as well as fencing to encompass the new yard area. The closest point of new work is
approximately 65-feet to the wetland, the new work is separated from the wetland by the existing
retaining wall.
Mr. Mabon would like to know if erosion controls have been proposed.
Ms. Rimmer states a siltation fence is proposed along the limit of work and is shown on the plan. The
installation of the fence may require the removal of a few trees, requiring a tree removal permit.
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The Administrator states some of the trees maybe outside of the Buffer Zone and recommends tagging
them to make a determination.
A motion to issue a Negative Determination #3 as recommended (pre and post construction inspections)
is made by Mr. Mabon, seconded by Mrs. Feltovic.
Vote 4-0, Unanimous.
Documents
548 South Bradford Street - Legal Notice 08 05 20 - Tribune, 548 South Bradford Street - Legal Notice 08
05 20 - Public Notice, Jay South Bradford St Landscape Grading Plan Black and White Plan 24 by 36 7-
29-20 Revised, 548SoBradfordRDAset,548BradfordChecklistandFeeform
422 Waverly Road (Jensen)
The Administrator states the applicant is seeking to construct a front farmers porch, outside the 50-foot
NBZ. The porch will be supported by helical steel piers resulting in minimal soil disruption. The
applicant is renovating the interior of the home and adding a second story shed dormer and two small
front dormers to the house. No ground disturbance is proposed for this work. The Administrator
recommends issuing a Negative #3, pre-construction inspection of erosion control installation and post
construction inspection.
The Commission discusses the location of the resource area. The plan will need updating to depict the
location of the previously permitted generator.
A motion to issue a Negative Determination #3 as recommended (pre and post construction inspections,
erosion control installation and updated plan showing generator) is made by Mr. Manzi, seconded by Mrs.
Feltovic.
Vote 4-0, Unanimous.
Documents
422 Waverly Road - Legal Notice 08 05 20 - Tribune, 422 Waverly Road - Legal Notice 08 05 20 - Public
Notice, 422 Waverly Riverfront and Topo, 422 Waverly NHESP map, Kjensen 422 waverly Entire RDA
Packet
Notice of Intent (NOI)
242-1792, 137, 113-115 Andover Street, Stevens Coolidge Place (TTOR)
This item is taken out of order. Chairman Napoli states the NACC needs additional time to review the
proposal.
The Administrator recommends continuing the hearing to allow time for additional review.
Michael DeRosa, DeRosa Environmental Consulting agrees to continue to the next meeting.
A motion to continue to August 26, 2020 is made by Mr. Manzi, seconded by Mr. Mabon.
Vote 4-0, Unanimous.
Documents
Town of North Andover Mail - Re_ North Andover Conservation Commission, 8-12-20; 137 Andover
Street, Stevens-Coolidge Place, Color Render-2b Maintenance area update, Color Render-2c pond
modification update, Color Render-2d planting plan update, Stevens Coolidge plan revisions _eeg_8-5-
2020, 137, 113-115 Andover Street - Legal Notice 08 05 20 - Tribune, 137, 113-115 Andover Street -
Legal Notice 08 05 20 - Public Notice, FINAL 137 Andover Street_N Andover_NOI
COMPILED_eeg_mjd_07292020pdf
242-1794, 335 Willow Street (Muffin 3X, LLC)
This item is taken out of order. Chairman Napoli states the proposal needs to be heard by the Planning
Board.
The Administrator recommends continuing to the September 9th meeting to allow time for the third-party
peer review, Planning Board hearing and review of previous files for the property. Per the Administrator
the consultant has agreed to a continuance.
2020-08-12 Conservation Commission Minutes
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Approved 8/26/2020
A motion to continue to September 9, 2020 is made by Mr. Mabon, seconded by Mr. Manzi.
Vote 4-0, Unanimous.
Documents
Certified Abutters List., Public Legal Notice, Certificate of Mailing to Abutters, Notification to Abutters,
335 Willow Street - Legal Notice 08 05 20 - Tribune, 335 Willow Street - Legal Notice 08 05 20 - Public
Notice, Stormwater & Tech Report_7-29-2020_335 Willow St, Site Plans_7-29-2020_335 Willow
St, NOI Application_335 Willow St, NOI Application Checklist_335 Willow St, Narrative_335 Willow
St
242-1787, 135, North Ramp Road (Positive Star Realty, DeRosa)
The Administrator states the applicant has requested a continuance.
A motion to continue to August 26, 2020 is made by Mr. Manzi, seconded by Mrs. Feltovic.
Vote 4-0, Unanimous.
Documents
Email from dcowell@hancockassociates.com requesting a continuance until 8/26/20
242-1791, 40 Ridge Way (Chicoyne)
The Administrator states the proposal was discussed at the previous meeting and provides some
background on the project. The meeting was continued due to a lack of a DEP file number. A DEP file
number has been assigned and the Administrator recommends closing the public hearing and issuing an
OOC.
A motion to close and issue in 21 days is made by Mr. Manzi, seconded by Mrs. Feltovic.
Vote 4-0, Unanimous.
Documents
7-22-2020 Meeting Materials
242-1788, 15 Carriage Chase Road (Alpha Development Corporation)
The Administrator states the proposal was discussed at the previous meeting and provides some
background on the project. A site visit was conducted with the consultant and soils were augured.
Wetland Flags locations were moved, and the plan was updated with the delineation. The applicant has
agreed to remove the landscape mulch from the area between the wetland and stone wall and seed it with
native semi-shade mix.
Mr. Mabon would like to know if the patio show on the plan was part of the original permitting of the
house.
The Administrator states the patio was part of the original permitting.
Maureen Herald, Norse Environmental requests the NACC consider reducing the weekly inspections
typically required for an NOI.
The Commission agrees to take the request into consideration when they review the Order.
A motion to close and issue in 21 days is made by Mr. Manzi, seconded by Mrs. Feltovic.
Vote 4-0, Unanimous.
Documents
7-22-2020 Meeting Materials, 520020 - 2020-07-07 (R-1) - 15 CC - ECP (SS), Norse letter 8-10-20
242-1790, 1 High Street (RCG North Andover Mills)
The Administrator states the proposal was discussed at the previous meeting and provides some
background on the project. The meeting was continued due to a lack of a DEP file number. A DEP file
number has been assigned and the Administrator recommends closing the public hearing and issuing an
OOC.
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Mr. Mabon would like a condition added to the Order requiring the applicant to share sampling data, plan
and findings on how to control the E.Coli bacteria. He would like to know what is considered a bad level
for a pond.
James Lacasse, Solitude Lake Management states they are willing to work with the applicant to provide
the requested information. He states a bad level is approximately 126 milliliters per colony/sample. He
states after reviewing the data back to 2017 there was only a single sample in one year (2019) that the
pond was at 613 milliliters per colony/sample. Anything between 600 to 2,000 the state would typically
shut the body of
2018 the levels were 25 milliliters per colony/sample and in 2020 they got non-detectable levels, less than
1.
The Commission agrees they would like to see sampling data, plan and findings on how to control the
E.Coli bacteria.
A motion to close and issue in 21 days is made by Mr. Mabon, seconded by Mrs. Feltovic.
Vote 4-0, Unanimous.
Documents
7-22-2020 Meeting Material
242-1793, 101 Foster Street (Grasso)
The Administrator states the project involves installation of a new septic system, pump chamber and tank
to service the 4-bedroom house. The existing leach field is located at the left front of the house and will
be abandoned in favor of its new location to the rear left corner of the yard. The leach system is just
outside the 100-foot Buffer Zone, with only a peripheral limit of sand just inside the Buffer Zone. The
new tank and pump chamber will be 75-feet from the BVW. A site visit was conducted, the wetland line
was reviewed and found to be accurate. The property is outside Natural Heritage. The BOH currently has
this under third party peer review and plan revisions are anticipated. The plan is lacking a clear
construction access route, stockpile area, and datum source notation.
Ben Osgood, Ranger Engineering Group is present and has requested a continuance to allow for plan
revisions.
A motion to continue to August 26, 2020 is made by Mr. Manzi, seconded by Mrs. Feltovic.
Vote 4-0, Unanimous.
Documents
Certificate of Mailing to Abutters, 101 Foster Street - Legal Notice 08 05 20 - Tribune, 101 Foster Street
- Legal Notice 08 05 20 - Public Notice, 2020-07-24 Subsurface System Design - 101 Foster Street, North
Andover, 20-07-27 NOI Application -101 Foster St No Andover MA
Decision
242-1791, 40 Ridge Way (Chicoyne)
The Administrator reviews the drafted Order of Conditions with the Commission.
The Commission discusses Condition #50, wetland markers are required on the tree line or posts. A
dewatering station shall be constructed before excavation begins to be used if needed. The bond will be
set in the amount of $1,500.00.
A motion to approve the Order of Conditions as drafted and amended is made by Mr. Mabon, seconded
by Mrs. Feltovic.
Vote 4-0, Unanimous.
Signature Authorization - Permits Issued at the 8/12/2020 Meeting
The Administrator states a vote needs to be taken authorizing her to sign decisions, permits and forms on
behalf of the Commission for the following;
o Certificate of Compliance for 9 Coventry Lane, 33 Regency Place, 865 Johnson Street, Small
Project for 56 Abbott Street, 1270 Turnpike Street, 134 Crossbow Lane, 83 Olympic Lane,
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Determination of Applicability for 53 Bear Hill Road, 548 South Bradford Street, 422 Waverly
Road and Order of Conditions for 40 Ridge Way.
A motion to allow the Administrator to sign the permits as proposed is made by Mr. Manzi, seconded by
Mrs. Feltovic.
Vote 4-0, Unanimous.
Adjournment
A motion to adjourn at 8:43 p.m. is made by Mr. Manzi, seconded by Mrs. Feltovic.
Vote 4-0 Unanimous.
2020-08-12 Conservation Commission Minutes