HomeMy WebLinkAbout2020-09-09 Conservation Commission Minutes
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Approved 10/14/2020
North Andover Conservation Commission Meeting Minutes
September 9, 2020
Members Present: The following identified themselves as present on the call: Joseph W. Lynch, Albert P.
Manzi, Jr., Vice Chairman, Louis A. Napoli, Chairman, John T. Mabon and Sean F. McDonough
Members Absent: Douglas W. Saal
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.
7:08 p.m., Mr. Napoli experiences technical difficulties.
7:09 p.m., Mr. Napoli rejoins the call.
General/New/Old Business
Election of Conservation Commission Officers
A motion to nominate Mr. Napoli as Chairman is made by Mr. Manzi, seconded by Mr. Lynch.
Vote 4-0, Unanimous, Mr. Napoli consents.
A motion to nominate Mr. Manzi as Vice Chairman is made by Mr. Napoli, seconded by Mr. Mabon.
Vote 4-0, Unanimous, Mr. Manzi consents.
Certificate of Compliance
242-1723, 67 & 87 Molly Towne Road (a.k.a Kelsey Lane, Lots 2 & 3) (RDM Kelsey, LLC)
The Administrator states the applicant has requested a continuance.
A motion to continue to September 23, 2020 is made by Mr. Manzi, seconded by Mr. Mabon.
Vote 5-0, Unanimous.
Documents
Email from bosgood@rangereng.com requesting a continuance until 9/23/20
Request for Determination of Applicability
136 Raleigh Tavern Lane (Sparrow)
2020-09-09 Conservation Commission Minutes
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Approved 10/14/2020
The Administrator states the request is in response to an Enforcement Letter regarding work involving the
front walk and steps. This was discovered the day the Town shut down due to COVID-19. The landscape
company was instructed to cease and desist, stake the existing straw wattle erosion controls and await
further instruction. Per the Chairman's instructions an Enforcement Order was issued to allow the work to
continue with conditions. The homeowner and landscaper complied with the directives. The applicant is
seeking after-the-fact permitting for the front walkway and proposal to excavate and repave driveway
within the same footprint. The wetlands were flagged and both lines were found to be reasonable. The
bottom step is approximately 47-feet to WF B2, the retaining boulder is 44-feet from WF A5 from the
wetland at its closest points. The driveway is located within the 25-foot NDZ and 50- foot NBZ. An
updated sketch was received which accurately depicts field measurements. Several site visits were
conducted and there are no concerns regarding erosion issues.
Mr. Napoli would like to know when the house was built.
The Administrator states the house built in 1970, which predates the Wetlands Protection Act.
Bob Prokop, Wetland Consulting Services states a waiver request was included with the application.
The Commission discusses the proposal to excavate and repave the driveway.
The Administrator suggests additional erosion controls be required on the Isolated Wetland side of the
driveway.
Mr. Lynch states the NACC does not typically grant waivers on an RDA.
The Commission agrees that due to the age of the home the driveway is grandfathered and will require an
as-built plan for the record.
A motion to issue a Negative Determination #3 as recommended (pre and post construction inspections,
wetland markers and final as-built) is made by Mr. Manzi, seconded by Mr. Lynch.
Vote 5-0, Unanimous.
Documents
136 Raleigh Tavern EO Letter Final, 136 Raleigh Tavern Lane - Legal Notice 09 02 20 - Public Notice,
136 Raleigh Tavern Lane - Legal Notice 09 02 20 - Tribune, 136 Raleigh Tavern Revised Sketch Plan 09-
09-20, 136 Raleigh Tavern. sketh plan.08_22_20, 136.Raleigh.tavern.rda.revised,
Raleigh.Tavern.postage receits, RDA 136 Raleigh Tavern Ln
Notice of Intent (NOI)
242-1787, 135, North Ramp Road (Positive Star Realty, DeRosa)
The Administrator states the applicant has requested a continuance.
A motion to continue to September 23, 2020 is made by Mr. Manzi, seconded by Mr. McDonough.
Vote 5-0, Unanimous.
Documents
Email from dcowell@hancockassociates.com requesting a continuance until 9/23/20
242-1792, 137, 113-115 Andover Street, Stevens Coolidge Place (TTOR)
The Administrator states the applicant has requested a continuance.
Commissioner Lynch & Manzi encourage the other Commissioners to participate in a site walk if
possible.
The Administrator offers to arrange a time for a site walk.
A motion to continue to September 23, 2020 is made by Mr. Manzi, seconded by Mr. McDonough.
Vote 5-0, Unanimous.
Documents
Email from guvendiren.derosa@gmail.com requesting a continuance until 9/23/20
242-1783, 1160 & 1116 Great Pond Road (Brooks School)
The Administrator states the initial discussion was held at the last meeting and continued allowing time
for third party peer review to conclude. The proposal involves relocating the south entrance to the campus
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Approved 10/14/2020
and associated stormwater management. The second peer review letter addressed a need for an overall
stormwater BMP map and revised erosion control in certain areas. The final changes were approved via
email correspondence by Horsley Witten. The Planning Board anticipates closing their hearing and
issuing decision at its September 15th meeting. The Administrator recommends continuing the hearing to
allow time to draft an OOC and the Planning Board to issue its decision.
Mr. Lynch confirms the erosion controls are adequate from a Conservation perspective.
The Administrator states she agrees with the proposed erosion controls.
7:37 p.m., Mr. Mabon experiences technical difficulties.
7:40 p.m., Mr. Mabon rejoins the call.
A motion to continue to September 23, 2020 is made by Mr. McDonough, seconded by Mr. Manzi.
Vote 5-0, Unanimous.
Documents
03-25-2020 Meeting Materials, 08-26-2020 Meeting Materials, 200831_2nd review_Watershed Special
Permit 18065P 500 Brooks School (1), Brooks South Ent Admiss EC100 update 9-1-2020, Brooks South
Ent Admiss OM map 9-1-2020, Email sign off by 3rd Party Peer Review HW
242-1794, 335 Willow Street (Muffin 3X, LLC)
The Administrator states the proposal involves two additions to the existing building, walkways, re-
grading and re-paving the parking areas within the same footprint and landscaping. They propose removal
of 370 s.f. of pavement within 25-foot NDZ and 50-foot NBZ. This will be replaced by two concrete pads
totaling 304 s.f., the remaining 66 s.f. of area is to be loamed and seeded. A waiver request was
submitted. The proposed new roof areas will be directed into a subsurface infiltration chamber at the front
of the building, which is outside of the Buffer Zone, existing gutters will remain. The northerly side of the
building is slated to receive crushed stone to encourage better infiltration. A low spot in the southerly
parking lot immediately adjacent to the wetland will receive new rip rap. The parking lots general sheet
flow patterns will not change. The wetland delineation was reviewed and found it to be accurate and
reasonable. The area to the west of the building contains a wetland replication area from a previous OOC
which appears to be well established. The proposal is currently before the Planning Board.
Mr. Lynch suggests continuing to the September 23rd meeting to allow time for the third-party peer
review.
John Morin, The Morin-Cameron Group, Inc. states they received comments from the third-party peer
review consultant and are working on responses. The main addition to the building is within pavement,
there will be no net increase of impervious surface within the Buffer Zone. Work within the 25-foot NDZ
is for maintenance of the rip rap spillway. He agrees to continue to the September 23rd meeting.
A motion to continue to September 23, 2020 is made by Mr. Manzi, seconded by Mr. Lynch.
Vote 5-0, Unanimous.
Documents
8-12-2020 Meeting Materials
242-1781, Osgood Street - Rt. 125, Sidewalk Extension (North Andover DPW)
The Administrator states the project consists of sidewalk connections in two locations along the western
side of Osgood Street between Sutton Street and Great Pond Road. The first section of sidewalk is from
Sutton Street to in front of the Mobil Station. The BVW is located across the street at the toe of slope off
the roadway embankment, the work is in the outer limits of the Buffer Zone. The existing conditions
consist of a flat mulched landscape strip. There are two small stormwater detention basins located in front
of 1000 Osgood Street, work is not proposed within 100-feet of these basins. The second section of
sidewalk is proposed between 1070 Osgood Street and 1060 Osgood Street. The two BVW lines are
located on the same side, one BVW was not accessible due to airport fencing. The wetland was
conservatively estimated, placing work inside the 25-foot NDZ and 50-foot NBZ. The existing conditions
consist of a relatively flat grassy roadway shoulder. The second BVW is east of 1070 Osgood Street,
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work is in the outer limits of the Buffer Zone. A waiver request has been submitted for work in the 25-
foot NDZ and 50-foot NBZ. Additional roadway improvements and sewer work on Sutton Street have
been proposed but are outside the Buffer Zone. The Planning Board issued a waiver from the Watershed
Special Permit.
Mr. Napoli expresses concerns that he may be considered an abutter to the project.
The Administrator states that Commissioner Napoli is not listed as an abutter to the project.
Dan DeRoche, Vanasse & Associates describes the proposed sidewalk routing.
Mr. Lynch would like to know if there is adequate space for erosion controls during construction near
1070 Osgood Street.
The Administrator believes they have space to place the erosion controls.
Mr. Napoli confirms there will be a gap in the sidewalk between 1070 Osgood Street and Commerce
Way. He would like to know why the sidewalk was not proposed on the opposite side of the street.
Mr. DeRoche states this is true, the funds required for this section are not available at this time. The
sidewalk was not proposed on the other side because the state right-of-way isn't large enough to support a
sidewalk and the intersection at Great Pond Road would require a redesign.
8:10 p.m., Mr. Mabon experiences technical difficulties.
Mr. McDonough would like to know what alternatives were provided to going into the Buffer Zone and if
the sidewalk was placed as far away from the Resource Area as possible.
Mr. DeRoche states a no-build alternative was considered but would not accomplish the goals to improve
safety and pedestrian access along the stretch of road. He confirms the sidewalk was placed as far away
from the Resource Area as possible with the exception of a 2-foot section of grass to allow for snow
removal in the winter.
The Commission reviews the plans to get a better understanding of the location of the wetlands in
reference to the proposal.
8:14 p.m., Mr. Napoli states Mr. Mabon has requested to be excused from the remainder of the meeting
due to technical issues.
Mr. Manzi would like to know if Photo 1: View of Wetland Series 1 from flag WF-1-5 is still an
estimated habitat.
Rhianna Sommers, Epsilon Associates, Inc. reviews Figure 3, Attachment B of the NOI depicting Priority
Habitats for States-Protected Rare Species and Estimated Habitats for Rare Wildlife both of which are
outside of the project area.
Mr. Lynch would like to know if any box widening of the existing pavement is proposed and if curbing is
present.
Mr. DeRoche states that in the area of 262-265 no box widening was proposed, there is currently an
asphalt remnant of the existing berm.
Mr. Lynch believes the project is a net improvement to the Resource Area.
A motion to close and issue in 21 days is made by Mr. Manzi, seconded by Mr. Lynch.
Vote 3-1, Opposed; Mr. Napoli.
Documents
03-25-2020 Meeting Materials, 25-100-NDZ-Waiver-Request-Worksheet-Updated-March-2018,
5546abutternotificationUSPScertifiedreceipt, Abutter Notification Form - Remote Meeting Revised 07 17
20, SUTTON OSGOOD SIDEWALK AUGUST 2020
242-1795, 597 Foster Street (Bradstreet)
The Administrator states the proposal includes replacement of an existing failed septic system, grading,
retaining walls, driveway relocation, walkway and concrete patio. The new septic system, components
and associated grading will be located partially within the footprint of existing driveway and side yard.
The grading will come in front of the existing garage, rendering the garage unusable for car storage. A
replacement driveway has been proposed at the south side of the house. The wetland line was reviewed
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memory not by survey. The Administrator requests the wetland line be surveyed in place and the flag
replacement left to compare. Work is proposed within the 50-foot NBZ, parts of the septic as well as
concrete patio at the rear of the house. A waiver request has been submitted for work in the 50-foot NBZ.
The Administrator is comfortable that all work is outside of the 200-foot Riverfront Area. Flagging for
the B-Series wetland across the street was intact and found to be reasonable.
Mr. Lynch confirms the septic system is driving the alternatives analysis.
Maureen Herald, Norse Environmental confirms this is true. The leach field is now located in the
backyard due to the placement of the septic tank.
Mr. Lynch would like to know what the box is on the plan with the concrete box in the middle of it.
Ms. Herald states this was an existing barn located on the property that collapsed and the concrete slab
remains. It is currently surrounded by wooden timbers and landscaping.
Mr. Lynch would like to know if this predates the Bylaw and Wetlands Protection Act.
Ms. Herald states the house was constructed 1964, predating the Bylaw and Wetlands Protection Act.
The Administrator requests the consultant conduct aerial photography research of the barn.
Ms. Herald agrees to the request.
Mr. Manzi would like to know if the area across the street contains any vernal pools.
Ms. Herald states there are no vernal pools on the property in question. She did not see any vernal pools at
the wetland adjacent to the street.
Mr. Manzi directs the Administrator to look at the area when she is out on her next site inspection and to
check it against the department records.
Mr. Napoli believes the concrete pad is in violation and should be removed if it is not serving a purpose.
Mr. Herald agrees the concrete pad is within the wetland, the applicant is hoping they will be allowed to
keep it.
Mr. Manzi requests the Administrator review the entire wetland flag line across the entire site.
Ms. Herald seeks input from the Commission regarding the waiver request for the driveway. She would
like to know if this is allowable or if she should come back with a redesign.
The Commission reviews the alternatives analysis provided with the NOI.
Mr. McDonough would like the consultant to examine the alternatives further.
A motion to continue to September 23, 2020 is made by Mr. Manzi, seconded by Mr. Lynch.
Vote 4-0, Unanimous.
Documents
597 Foster Street - Legal Notice 09 02 20 - Public Notice, 597 Foster Street - Legal Notice 09 02 20 -
Tribune, doc20200826134442, doc20200826134442, Fee Calculation Worksheet, NOI Plans 8.25.2020,
NOI, Waiver Request Form 2019
Amendments
242-1766, 1600 Osgood Street (Hillwood Enterprises, LP)
The Administrator states the applicant is seeking an amendment to the Order of Conditions. No changes
are proposed to impact the previously approved RCA management. Per the Planning Board pre-
construction groundwater testing was required. A few areas on the site showed groundwater elevations 1
to 2-feet higher than expected and therefore impacted stormwater BMP elevations and associated grading
to maintain the previously proposed 4-foot separation to groundwater. The proposal includes changes to
site entrance and internal drive connections. These changes resulted in some modifications to stormwater
BMP layout. The compensatory flood storage has decreased by 4,000 c.f. due to grading at Stormwater
Pond B1, overall compensatory flood storage is still well in excess of minimum 1;1 ratio. The Planning
Board will open their hearing on September 15th meeting, the proposal is currently under 3rd party peer
review.
Mr. Lynch states it is unclear if the groundwater is higher and that they are not proposing anything
different with the RCA area. He states they need to know where the groundwater is throughout the
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Mr. Manzi expresses concerns of the infiltration of the RCA. He would like to know if additional fill will
be required to maintain the 4-foot separation.
affecting the site entrance. They are proposing internal connection driveways to the Lot B access
driveways. There are no changes proposed in the RCA area. They have modified the design of the
proposed detention and infiltration basins to provide the necessary separation between these facilities and
seasonal high groundwater. They reconfigured the site grading in select areas, reconfigured interior access
driveways and modified other elements of the previously approved stormwater management system. They
propose to take back some of the overcompensation previously provided and leave the existing flood line
vs expanding it. The compensatory storage charts have been updated.
Mr. Lynch expresses concerns with potential impact to RCA materials in the rear area depicted on Sheet
CG108. He requests a graphic cross section depicting how separation will be maintained and the lowest
depth of fill they will be prescribing.
Mike Howard, Epsilon Associates, Inc. states there will be more than several feet of separation between
potential high groundwater and RCA materials. They are happy to provide cross sections as requested.
Mr. Napoli would like to know how much more fill will be required to remedy the situation. He requests
to see numbers of how much of the RCA will be removed and how much will be used.
Mr. Howard requests time to coordinate a response with the general contractor.
Mr. Manzi confirms that no additional RCA is proposed to be brought onsite and that RCA will not be
used anywhere on site other than where it is already proposed.
Mr. Howard states no additional RCA is proposed, they will use the clean fill criteria set forth in the
previous approval.
The Administrator reads an email from an abutter, Steven Wyman, 351 Holt Road expressing concerns
regarding the stormwater management systems.
Mr. Napoli requests the consultant provide a written response to the abutter and cc the Administrator on
all correspondence.
Mr. Lynch feels it would be more efficient to have the reviewer look at any real impact to the corner in
question.
Mr. Howard states they would be happy to answer any questions/concerns the abutter may have.
A motion to continue to September 23, 2020 is made by Mr. Manzi, seconded by Mr. Lynch.
Vote 4-0, Unanimous.
Documents
1600 Osgood Street - Legal Notice 09 02 20 - Public Notice, 1600 Osgood Street - Legal Notice 09 02 20
- Tribune, 2020-08-27 1600 Osgood Street Full Compiled Set (2), 2020-08-27 Revisions HW Peer review
- North Andover MA, 2020-09-09 1600 Osgood Street - Con Comm Hearing Guide,
LanganNorthAndoverabutternotificationUSPScertifiedmailreceipt, North Andover - Geotechnical
Engineering Report, North Andover 1600 Osgood St Stormwater Management Report 2020-08-27, OOC
242-1766, Osgood Street 1600 - Amazon, Request for Amended Order_MassDEP File No 242-1766,
Town of North Andover Mail - Fwd_ 1600 Osgood Street
Enforcement Order/Violation
1470 Forest Street Ext. (Picariello)
The Administrator states she is working on a timeline for the Bylaw and Regulations. The wetland
consultant is currently working on a Restoration Plan for the two areas that were identified as obvious
wetland filling.
A motion to continue to September 23, 2020 is made by Mr. Manzi, seconded by Mr. Lynch.
Vote 4-0, Unanimous.
Documents
Email from jdick48@comcast.net requesting a continuance until 9/23/20
2020-09-09 Conservation Commission Minutes
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Approved 10/14/2020
46 Hollow Tree Lane (Lally)
The Administrator provides background information on the EO which resulted in a DOA for restoration.
She conducted a site inspection and several measurements from wetland flags to the wall were taken. The
25-foot NDZ is not consistently marked off by the wall in the field. The restoration plantings and wetland
seed mix are doing well. The DOA allowed cleaning and seeding of the area outside the 25-foot NDZ to
become lawn, conditions note the requirement of a wall at the 25-foot NDZ. The work under the DOA has
yet to commence. The Administrator believes the landscape contractor placed the boulders at the edge of
clearing as opposed to the edge of 25-foot NDZ, and that the Field Inspector neglected to measure from
every wetland flag.
The homeowner has been made aware of this discrepancy and that the NACC will decide on the next
steps.
Jim Lally the homeowner states the area was marked out with pink tape per the survey plan. The location
of the markers were reviewed/approved by the Field Inspector prior to the installation of the wall. Once
the wall was completed it was reviewed and final approval given by the Field Inspector.
Mr. Napoli suggests installing posts and markers at the 25-foot NDZ.
Mr. Manzi is disappointed that a mistake was made by a member of the Conservation Staff and would
like to come to some kind of agreement with the Administrator and applicant.
The Administrator believes three posts would be required to bring the 25-foot NDZ in line with the
remainder of the wall.
Mr. Lally agrees to the installation of three posts, and requests the posts be marked out by Conservation
Staff. He questions the appropriate location in which the wetland markers should be placed.
The Commission agrees to roll the installation of the posts into the Small Project (NACC #261).
The Administrator she will help determine the location for the wetland markers during her next site visit.
Documents
5-22-2019 Meeting Materials, 1-year monitoring report 46 Hollow Tree August 2020, 20200903_151433,
20200903_151601, B. Curell, J. Lally Email Correspondence, Hollow Tree Lane 46 DOA Negative
Determination
Small Project
NACC #261, 46 Hollow Tree Lane (Lally)
The Administrator states the applicant i s seeking to replace the front step and walkway. All work is
outside the 50-foot NBZ at the front of the house. The walkway will be replaced with new pavers or
concrete in the same footprint. They propose to remove the faux brick tiles on the steps and landing and
replace them with granite treads and install a new handrail. All equipment and construction vehicles will
be operated on the driveway.
A motion to accept this as a Small Project L is made by Mr. Manzi, seconded by Mr. Lynch.
Vote 4-0, Unanimous.
A motion to approve the Small Project as proposed with the requirement for 3 posts as discussed, is made
by Mr. Manzi, seconded by Mr. McDonough.
Vote 4-0, Unanimous.
Documents
46HollowTreeLane_Repairs, Lally Small Project Checklist, Lally Topographic Plan For Steps
Signature Authorization - Permits Issued at the 9/9/2020 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 Determination of Applicability for 136 Raleigh Tavern Lane and Small Project for 46 Hollow
Tree Lane.
A motion to allow the Administrator to sign the permits as proposed is made by Mr. Manzi, seconded by
Mr. Lynch.
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Vote 4-0, Unanimous.
Adjournment
A motion to adjourn at 9:34 p.m. is made by Mr. Manzi, seconded by Mr. Lynch.
Vote 4-0 Unanimous.
2020-09-09 Conservation Commission Minutes