HomeMy WebLinkAbout2021-02-24 Conservation Commission Minutes
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Approved 3/10/2021
North Andover Conservation Commission Meeting Minutes
February 24, 2021
Members Present: The following identified themselves as present on the call: Louis A. Napoli, Chairman, John
T. Mabon, Joseph W. Lynch, Albert P. Manzi, Jr., Vice Chairman, Sean F. McDonough and Anthony Capachietti
Members Absent: Douglas W. Saal
Staff Members Present: The following identified themselves as present on the call: Amy Maxner
Meeting came to Order at: 7:05 p.m. Quorum Present.
The Administrator, Amy Maxner reads the following statement:
Pursuant to Governor Baker’s March 12, 2020 Order Suspending Certain Provisions of the Open Meeting Law,
G.L. c. 30A, §18, and the Governor’s March 15, 2020 Order imposing strict limitation on the number 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 to attend this
meeting can be found on the Town’s website, at www.northandoverma.gov. For this meeting, 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.
Acceptance of Minutes
A motion to accept the minutes of February 10, 2021 is made by Mr. Mabon, seconded by Mr. Lynch.
Vote 6-0, Unanimous.
Extension
242-1719, Request for Extension, Massachusetts Avenue @ Chickering Road (MassDOT)
The Administrator provides background on the Order issued in March of 2018. Most of the work is complete,
with monitoring the restored wetland, checking areas for revegetation and other punch list items left for the
spring. The Wetland Restoration Plan consisted of a wetland seed mix with an erosion control mix on the
slopes. The plantings will be monitored in accordance with the Massachusetts Inland Replication Guidelines.
The success of the restoration will include 75% revegetation including volunteer hydrophytic species after 2
growing seasons. The wetland area was seeded in September of 2020. The Administrator recommends a 1-
year extension.
A motion to grant a 1-year extension is made by Mr. Lynch, seconded by Mr. Mabon.
Vote 6-0, Unanimous.
Documents
C#106817_NAndover OOC extension letter
242-1676, Request for Extension, Hillside Road, Lot 1 (a.k.a. 303 Chestnut Street) (Winslow Drive Realty
Group, LLC)
The Administrator states that the NACC has already granted two extensions allowed under the bylaw. The
Administrator provides background on the Order, issued in April of 2016. The construction of the new house
has yet to commence. There are no issues of non-compliance on site at this time. The applicant is seeking a
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third extension due ZBA and Covid-19 related delays. Section 8.3 of the NACC Regulations states that the
Commission may only grant two extensions up to one year each, with no provisions allowing for further
extension to an OOC.
Mr. Mabon questions if the project is advancing at a reasonable pace without the mitigating circumstances.
Brian Boyle, Winslow Drive Realty Group, LLC explains the circumstances for the third extension. The
requirements outlined in the Order have been completed with the exception of the construction of the house.
The applicant states he cannot request a COC until the house has been built and as-built is completed.
The Commission discusses the applicants request and how to proceed. They agree that the work was done
well, and the site is stable. Due to Governor Baker’s ruling the Order is valid until the ruling has been
rescinded. They agree the applicant may continue to operate under the current OOC without an extension until
the ruling is rescinded. Once the Covid-19 ruling has been lifted and depending on the progress of
construction the NACC will determine how to proceed. The Commission requests the applicant to submit a
formal letter requesting to withdraw the extension request. They direct the Administrator to produce a letter to
the file to acknowledge the actions taken at the meeting.
Mr. Boyle requests to withdraw his request for a 1-year extension without prejudice.
A motion to accept the withdrawal is made by Mr. Manzi, seconded by Mr. Lynch.
Vote 6-0, Unanimous.
Documents
North Andover conservation
Certificate of Compliance
242-1763, 34 Rosemont Drive (Andren)
The Administrator provides background on the Order issued in October of 2019. The project engineer
provided a letter of certification noting one deviation consisting of the installation of rip-rap within a natural
swale running along the westerly property line. The rip-rap does not encroach into the 50-foot NBZ and aids
in slowing runoff between the abutting properties. The Administrator does not believe this is detrimental to
the wetland resources. Several site visits were conducted throughout construction. Posts and wetland markers
have been installed and depicted on the as-built plan. All areas of work are stabilized and in compliance with
the approved plan. Administrator recommends issuing a Certificate of Compliance.
Michael Andren, the homeowner, is present for questions.
A motion to issue a full and final Certificate of Compliance is made by Mr. Manzi seconded by Mr. Lynch.
Vote 6-0, Unanimous.
Documents
34 rosemont_asblt, Compliance letter, WPA Form 8A
242-449, Partial COC Request, 464 Appleton Street (Touchstone Closing & Escrow, LLC)
The Chairman states the applicant has requested a continuance.
A motion to March 10, 2021 is made by Mr. McDonough seconded by Mr. Lynch.
Vote 6-0, Unanimous.
Documents
464 Appleton PCoC request 242-449
Notice of Intent (NOI)
242-1787, 135 North Ramp Road (DeRosa)
Mr. Napoli recuses from the discussion due to a conflict of interest, and Mr. Manzi steps in as Chair.
The Administrator states there has been discussion between the applicant and the airport regarding the final
treatment to the site. No updated plans or proposals depicting these changes have been received.
David Cowell, Hancock Associates states the changes are mostly driven by engineering stormwater redesign.
The new proposal would be to revegetate the top of the peninsula vs. “RAP” (recycled asphalt), providing a
more greenscape surface. The proposal does not completely eliminate the RAP material.
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Mr. Manzi states he would like the applicant to propose a delineated stopping point to be agreed upon by the
NACC, drilling will determine the stopping point or “no go line”.
Rob DeRosa states they are currently working with a set of plans, the area they propose to greenscape will be
indicated on the plan. They need to speak with MassDEP regarding how infiltration would affect the total
suspended solids runoff from the site.
Mr. Mabon requests an update on the status of water quality monitoring wells.
Mike Miller, Lawrence Municipal Airport states he consulted with the airport's environmental consultant who
confirmed there are no wells on that side of the airport. The airport is committed to support the applicant to
help fund the borings .
Mr. Lynch states if the proposal is approved by MassDEP they can determine what type of subsurface
investigation should be conducted. He believes this will help simplify the stormwater management analysis
and review.
Mr. McDonough would like to know if the Administrator has had any communication with MassDEP.
The Administrator states she has not had any communication with MassDEP since the last meeting and recaps
her phone conversation with Jill Provincal, DEP NERO Section Chief.
The Commission agrees the applicant needs an opinion from MassDEP on the revised proposal. Additional
information must be received from MassDEP before an RFP “request for proposal” can be submitted for the
soil borings. The Commission directs the Administrator to contact MassDEP to start drafting an OOC and to
ensure the proponents are prepared to move forward with the soil borings.
Mr. Miller states that the airport will be responsible for procuring a driller for the soil borings. They are
required to submit an RFP and will wait for guidance from the NACC regarding the scope of services.
The Commission discusses establishing a subcommittee to communicate and facilitate with the airport
commission and the applicant’s representative. The subcommittee will consist of Commissioners Lynch,
Mabon and McDonough.
A motion to continue to March 10, 2021 is made by Mr. Lynch, seconded by Mr. Mabon.
Vote 4-1-1 (In Favor: Mabon, Lynch, McDonough, Manzi, Abstained: Capachietti, Recused: Napoli).
Documents
06-10-2020 Meeting Materials, 12-09-2020 Meeting Materials, 01-27-2021 Meeting Materials
242-1800, 158 Forest Street (Triano)
7:58 p.m., Mr. Napoli resumes as chairman.
The Chairman states the applicant has requested a continuance.
A motion to continue to April 14, 2021 is made by Mr. Mabon, seconded by Mr. Lynch.
Vote 6-0, Unanimous.
Documents
Email from dcowell@hancockassociates.com requesting a continuance until 4/14/21
Enforcement Order/Violation
0 Turnpike Street (Middleton Farm Supply)
The Administrator provides background on the Enforcement Order for the dumping of cut wood and other
construction related materials encroaching into the IVW on the North Andover portion of the property. A
Violation Letter was issued to Middleton Supply for the removal of the materials. A site inspection by the
Field Inspector and wetland consultant Greg Hochmuth of Williams & Sparages was conducted today and
found that some progress was made on the removal of the material in the wetland, other areas still require
attention. Other related construction equipment is within 5-10 feet of the edge of wetland and a brush pile of
freshly cut material located approximately 20-feet from the edge of wetland. Directly adjacent to the wood
pile is a pickup truck with a bed full of loose trash that has started to blow into the wetland.
Mr. Mabon states he believes that the violator should restore the wetland and 25-foot NDZ impacts through
mechanical means and restoration plants.
Mr. Lynch questions if the subject parcel was recently before the NACC for an ANRAD represented by
Williams & Sparages.
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Greg Hochmuth, Williams & Sparages, LLC states the property has been managed by Steve Morrison for the
past 10-years, he is doing his best to clean up the area. The area in question has been maintained right up to
the wetland edge in some spots, with no 25-foot NDZ. The wetland is a possible result of the development on
the adjacent property. The parcel was before the Commission in October 2019 for an ANRAD filing to
memorialize the Resource Area boundaries for a potential buyer, the sale never materialized. The area is
currently being leased to two landscape contractors that the property owner is actively trying to evict. He
agrees the area is different from the last time he visited the site and that it needs to be cleaned up. The
property owner is willing to comply with the Commission requests.
Mr. Lynch believes that fines are appropriate and should be levied in the amount of $25.00 per day in toll up
to May 1st; if they perform the fines can be extinguished. He questions how long the property owner needs in
order to perform the restoration.
Mr. Hochmuth states he believes the cleanup can be completed in a half a day to a day once conditions allow.
Mr. Manzi believes fines should be issued to the tenant as well as the landowner. Once the cleanup has been
completed, he would like a clear delineation line marking the 25-foot NDZ.
Mr. Napoli agrees with Commissioner Manzi that a permanent barrier and wetland markers should be
installed to mark the 25-foot NDZ. He requests that the entire site be reviewed.
Mr. Hochmuth states once the area is cleanup it will be easy to define the limit of work. The jurisdictional
resource areas are limited on the North Andover side of the property, the bulk of the wetland are on the
Middleton side. The major wetland system and its buffer zone between the subject parcel and the state park
remains untouched.
Mr. Capachietti states he would like to see the removal of any invasive plants during the cleanup process.
Mr. Napoli directs the Administrator to list all the violations in the Enforcement Order and inform Middleton
Conservation of the violation.
The Administrator states she will carbon copy Middleton Conservation Commission on the Enforcement
Order.
The Commission discusses the violation and agrees to issue an Enforcement Order to Middleton Farm
Supply, and request an update be provided at the next meeting.
A motion to issue an Enforcement Order effective immediately commencing the cleanup and restoration of
the 25-foot NDZ, removal of all violations, cease and desist of all activities including but not limited to
tenants, proposal of a permanent barrier and wetland markers at the 25-foot NDZ, fines in the amount of
$25.00 a day that can be rescinded if all work is completed, and all work is to be completed by May 1, 2021 is
made by Mr. Manzi seconded by Mr. Mabon.
Vote 6-0, Unanimous.
Documents
336 North Main St.-Middleton Supply Violation Letter
81 Bonny Lane (Phan & Duong)
The Administrator states the Commission required a survey as-built plan be prepared and submitted by March
10, 2021. The homeowner was able to secure Marchionda to perform the survey. They are seeking an
extension due to current snow cover. The homeowners have been responsive to the enforcement requirements
and have kept in contact with the Administrator throughout the process. The Wetland Consultant is working
to develop the replanting plan and incorporate the existing boulders. The Administrator recommends to grant
a 30-day extension for as-built submission to April 10, 2021.
Julie Vondrak, consultant for the homeowner states she has a draft planting plan prepared but is waiting on
the survey to define the limits of the restoration area.
The Commission discusses the request for an extension and agrees to grant a 30-day extension.
A motion to grant a 30-day extension to the Enforcement Order is made by Mr. Manzi, seconded by Mr.
Mabon.
Vote 6-0, Unanimous.
Documents
2021-02-24 Conservation Commission Minutes
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2nd Amended EO Cover Letter 81 Bonny Lane, Survey Plan Deadline- 81 Bonney Lane North Andover -
Marchionda Engineering
General/New/Old Business
Academy Road – Conservation Restriction – Parcel Transfer
The Administrator states the Commission currently holds a CR on 3 parcels on Academy Road, secured in
2016. The Center Realty Trust is seeking a parcel transfer of Parcel "A" to the North Andover Improvement
Society. The North Andover Improvement Society will continue with the care taking of the parcel, no changes
or new uses are planned. According to the CR Section III A. paragraph 10: The conveyance of a part or
portion of the premises alone or division or subdivision of the premises requires prior written consent of the
Grantee. The owners are giving a 60-day notification to the NACC and BOS that the transfer is intended and
are seeking a recommendation in support of the transfer from the NACC.
Mr. Mabon would like to know if the North Andover Improvement Society has the resources required to
maintain the parcel in its current natural condition.
Glen Aspeslagh, North Andover Improvement Society states they have the resources financially and
volunteer-wise to maintain (mowing and clearing of stone wall) the parcel. The Conservation Restriction will
continue to be held by the Town of North Andover and proposed ownership of the parcel by the North
Andover Improvement Society.
Mr. Manzi questions if North Andover Improvement Society is legally able to hold the title. He expresses
concerns that the town requires help from organizations vs. the town owning, managing and operating its own
open space.
Mr. Napoli would like clarification why the land isn't turned over to the town and Conservation Commission
as open space.
Mr. McDonough feels more time to conduct additional research on CR’s would be appropriate in order to
make a determination.
Mr. Capachietti states he is comfortable with the parcel transfer.
The Administrator states the Improvement Society is a 503c non-profit organization. The town is unable to
hold the restriction and own the property at the same time. The town will hold the CR and the North Andover
Improvement Society will operate under the CR and the town will monitor them.
The Commission discusses the request for support of the parcel transfer and other alternatives to the transfer.
A motion to approve the transfer and make a recommendation to the Board of Selectmen is made by Mr.
Manzi seconded by Mr. Mabon.
Vote 4-2, (In Favor: Mabon, Lynch, Manzi & Capachietti, Opposed: Napoli & McDonough).
Documents
CR and Transfer Notification - Academy Road
Signature Authorization - Permits Issued at the 02/24/2021 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 OOC Extension Request for Massachusetts Avenue @ Chickering Road. Certificate of Compliance
for 34 Rosemont Drive. EO Extension for 81 Bonny Lane.
o A motion to allow the Administrator to sign the permits as proposed is made by Mr. Manzi, seconded
by Mr. Mabon.
Vote 6-0, Unanimous.
Adjournment
A motion to adjourn at 9:06 p.m. is made by Mr. Lynch seconded by Mr. Manzi.
Vote 6-0 Unanimous.
2021-02-24 Conservation Commission Minutes