HomeMy WebLinkAbout2021-03-24 Conservation Commission Minutes
Page 1 of 8
Approved 4/14/2021
North Andover Conservation Commission Meeting Minutes
March 24, 2021
Members Present: The following identified themselves as present on the call: Louis A. Napoli, Chairman, John
T. Mabon, Joseph W. Lynch and Sean F. McDonough
Members Absent: Albert P. Manzi, Jr., Vice Chairman and Anthony Capachietti
Staff Members Present: The following identified themselves as present on the call: Amy Maxner, Conservation
Administrator and Taylor Andrews, Field Inspector
Meeting came to Order at: 7:02 p.m. Quorum Present.
The Administrator, Amy Maxner reads the following statement:
Pursuant to Gover
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
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 March 10, 2021 is made by Mr. Mabon, seconded by Mr. Lynch.
Vote 4-0, Unanimous.
Certificate of Compliance
242-1785, 221 Blue Ridge Road (McNamara)
The Administrator provides background on the Order issued in June of 2020. The project engineer certified
compliance. He noted that a section of fencing at the end of the driveway was not installed, that being the
only deviation. The Administrator states the site is stable and in compliance. She ordered removal of the
erosion control mulch socks. The removal was completed this morning, photographic confirmation was
received. The Administrator recommends issuing a full and complete Certificate of Compliance with on-
going conditions as prescribed in the Order.
A motion to issue a full and final Certificate of Compliance is made by Mr. Lynch, seconded by Mr. Mabon.
Vote 4-0, Unanimous.
Documents
CCAB Plan 221 Blue Ridge Road, CoC Request 221 Blue Ridge Road
242-1776, 805 Forest Street (Benayoud)
The Administrator provides background on the Order issued in January of 2020. The site is stable, but the
around the pool was expanded towards the house, a majority of the patio is outside the buffer zone. The fence
was originally proposed to surround the pool but was extended to encompass the perimeter of the yard. The
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Administrator requested the engineer provide a square footage calculation of patio expansion within the
Buffer Zone, this information has yet to be received. She requested an updated plan depicting the 25-foot
NDZ to determine how close the fence is to the wetland. Given the potential ephemeral pool status, the fence
may fall within the ephemeral pool 50-foot NDZ. The applicant and engineer have been informed that these
time of year the applicant could verify the presence of ephemeral pool habitat.
Mr. Mabon expresses concern that this is an expansion from the approved Order.
Mr. Lynch questions if the fence has a gate allowing access to the wetland.
The Administrator confirms the fence does have a gate on the wetland side.
Mr. Lynch states the gate must be removed to prevent access to the 25-foot NDZ. He would like to know if
the ephemeral pool was discussed as a resource during the permitting process.
The Administrator states the ephemeral pool was discussed as a resource during the filing and the plan was
fashioned to be fully compliant with those more stringent setbacks.
Mr. Napoli agrees with Commissioners Mabon and Lynch, there is more work that needs to be done.
Mr. McDonough questions the distance from the fence to the resource area.
The Administrator states the fence is about 25-feet from the resource area as measured in the field.
Farid Benayoud, the homeowner states he is unfamiliar with the regulations and left the process up to the
engineer.
The Commission discusses the OOC modification process and agrees the process was not followed. They
must know whether the resource area is an ephemeral pool to determine if the expansion would have been
allowed under a modification. If the ephemeral pool is decertified the applicant will be required to file an
after-the-fact modification subject to 3x filing fee.
A motion to continue to April 14, 2021 is made by Mr. McDonough, seconded by Mr. Lynch.
Vote 4-0, Unanimous.
Documents
805 Forest_ASBUILT, Compliance Letter, Approved Plot Plan of Land 11 03 19
Modification
242-1676, Hillside Road, Lot 1 (aka 303 Chestnut Street) (Winslow Drive Realty Group, LLC)
The Administrator states the proposed house has been modified to a smaller footprint, and the rear deck has
been eliminated. The house will be further away from the wetland.
Mr. McDonough would like to know if there are any barriers at the 25-foot NDZ.
The Administrator states there is a fieldstone wall at the 25-foot NDZ.
Brian Boyle, Winslow Drive Realty Group, LLC is present for questions.
A motion to approve the Modification as proposed is made by Mr. Mabon, seconded by Mr. Lynch.
Vote 4-0, Unanimous.
Documents
Conservation Letter for Modification March 18, 2021, Stamped Plot Plan (1-13-21)\[70\]
Request for Determination of Applicability
Phillips Brooks Road, Atkinson Elementary School (North Andover School District)
The applicant is seeking the installation of an above-ground reader device (RFID) and associated underground
electrical conduit. The work will occur within the 25-foot NDZ to an existing stream. A waiver request was
submitted for work within the 25-foot NDZ. Approximately 30-feet of conduit is proposed to be installed at
the edge of pavement next to the stream. The conduit will make a left turn away from the wetland and run
underneath existing pavement and access drive to the school building. Conservation Staff met with the North
Andover Facilities Department, and found there were no alternative placements for the reader device. The
Administrator recommends closing the hearing and issuing a Negative #3 Determination with conditions as
follows; installation of erosion controls and pre and post-construction site inspections.
Mr. Mabon questions if the swale flows to a catch basin on Massachusetts Avenue.
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Stephen Foster, North Andover Facilities Department states there is an inlet structure at the corner of the
Atkinson driveway and Massachusetts Avenue that takes the inflow from the drainage swale. The intention of
the reader device (RFID) is to manage the school vehicle cue preventing traffic on Massachusetts Avenue.
The Commission discusses the plan provided and agrees the path depicted in
the resource area.
A motion to approve the waiver of the 25-foot NDZ as they have met the alternative analysis requirement is
made by Mr. Lynch, seconded by Mr. McDonough.
Vote 4-0, Unanimous.
A motion to issue a Negative Determination #3 with stated conditions as recommended is made by Mr.
Lynch, seconded by Mr. McDonough.
Vote 4-0, Unanimous.
Documents
Proof of Mailing 03 16 21, Phillip Brooks Road, Atkinson Elementary - Legal Notice 03 17 21 - Public
Notice, Phillip Brooks Road, Atkinson Elementary - Legal Notice 03 17 21 - Tribune, RDA - Atkinson School
Car Reader
492 Sutton Street (Lawrence Municipal Airport Commission)
The Administrator states the project involves the upgrade & maintenance of 6 security access gates, of which
3 (gates 3, 4 & 6) occur within the 100-foot Buffer Zone. Gate 3, all work will occur within the 25-foot NDZ.
The work proposed is in kind replacement of existing appurtenances and underground conduit. The
Administrator reviews the details of the proposal for Gate 3. Gate 4 is located outside of the 100-foot Buffer
Zone, with a portion of the gate approach pavement occurring within the outer reaches of the 100-foot Buffer
Zone. Work at Gate 4 is to reclaim and replace the existing paved approaches to the gate with replacement
ground pressure signal loop wires in pavement. Most of the work will occur within the 25-foot NDZ for Gate
6. The Administrator reviews the details of the proposal for Gate 6. A site visit was conducted and each of the
gate locations were reviewed. The Administrator recommends closing the hearing and issuing a Negative #3
Determination with conditions as follows; installation of erosion controls between the edge of disturbed areas
and the wetland resource area. Pre-construction inspection of erosion controls required with the Conservation
Department. Post-construction site visit with the Conservation Department and applicant to verify final
stabilization be obtained.
Mr. Mabon would like to know if the Administrator is comfortable with the erosion controls as proposed. He
expresses concern with the erosion controls proposed at Gate 6 and questions if there are better options to be
explored.
The Administrator states she would like the discretion to make the call in the field regarding the erosion
controls. She states that some areas may require a stretch of silt fence.
Randall Christensen, Stantec states the wetland boundary at Gate 6 has been in flux depending on beaver
activity. He believes they are at the maximum flood stage now and they still have room to do the project.
Some of the more intrusive erosion controls will limit an already tight work area, affecting the work and the
ability to do the job. He agrees to additional stakes for better compression between the sock and the ground.
The area around Gate 6 is very flat with little to no pitch with the roadway draining away from the wetland
side toward the upland side of the road. Silt sock erosion controls were proposed in this location due to the
site conditions and lack of work space. They have less than a 30-day time period at each gate location from
start to finish.
Mr. Mabon states that due to the location of the project he believes that it is important that the Administrator
be apprised of the timing of the project so that she may impact any potential failures of the erosion control.
7:45 p.m., Mr. Mabon experiences technical difficulties.
7:46 p.m., Mr. Mabon rejoins the call.
Mike Miller, Lawrence Municipal Airport states the Administrator will have unfettered access to the airfield
and all of these gates can be observed from the public side of the airport.
Mr. Lynch feels that given the topography and confined areas the erosion controls proposed are sufficient.
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A motion to approve the waiver of the 25-foot NDZ for Gates 3 & 6 as proposed is made by Mr. Mabon,
seconded by Mr. Lynch.
Vote 4-0, Unanimous.
A motion to issue a Negative Determination #3 with conditions as discussed as recommended is made by Mr.
Lynch, seconded by Mr. Mabon.
Vote 4-0, Unanimous.
Documents
Lawrence Municipal Airport - Legal Notice 03 17 21 - Public Notice, Lawrence Municipal Airport - Legal
Notice 03 17 21 - Tribune, 179450080_certificate_of_mailing_20210310_rfs, RDA_Lawrence Airport
Gates_Attachment 4 - Project Plans, RDA_Lawrence Airport Gates_Attachment 3 - Abutter Information,
RDA_Lawrence Airport Gates_Attachment 2 - Photographs, RDA_Lawrence Airport Gates_Attachment 1 -
Figures, RDA_Lawrence Airport Gates_RDA Forms and Addendum
292 Salem Street (Gosselin & Bray)
The applicant is seeking the installation of a chain link fence along the east side of the property. The fence
will connect the house to a neighboring fence, enclosing the yard for their dog. A map has been provided of
the approximate location of the fence. The fence is approximately 35-feet from the BVW at its closest point as
confirmed on site by the Field Inspector. The work is expected to begin in early April. The Administrator
recommends closing the hearing and issuing a Negative #3 Determination with conditions as follows; pre-
construction inspection with the Conservation Department. All excavated soils from post holes shall be taken
off site. If minor vegetation removal is required for fence installation, it must only be cut with the roots left in
place to prevent erosion. Post-construction inspection to verify compliance.
Mr. Mabon questions the break in the fence depicted on the plan.
The Administrator states the break is due to a shed. The property was before the NACC in 2019 for a patio
project at the rear of the house, the shed was there at the time of that filing.
Bill Gosselin, the homeowner states that the break is to the back corner of the shed, which would be at the 35-
foot measurement.
Mr. Mabon expresses concern that the other side of the shed is closer than 35-feet.
The Commission discusses the location of the shed and agrees after reviewing historical aerials from 2001
that the shed is grandfathered and allowed to remain.
Mr. Gosselin confirms that the fence will be allowed to be installed at ground level for the safety of the
puppy.
Mr. Lynch questions if the property is in an estimated habitat area.
The Administrator confirms the property is not within an estimated habitat area.
The Commission agrees that due to the style of fence and location it may be installed at ground level.
A motion to issue a Negative Determination #3 with conditions as recommended is made by Mr. Lynch,
seconded by Mr. Mabon.
Vote 4-0, Unanimous.
Documents
Extension_Abutter Notification_20210317, 292 Salem Street - Legal Notice 03 17 21 - Public Notice, 292
Salem Street - Legal Notice 03 17 21 - Tribune, 292 Salem_Rda Fence mailing certificates, 292 Salem
Street_RDA WPA Form 1, 292 Salem Street_Application Checklist - RDA Revised May 2020, 292 Salem
Street_Abutter Notification Form, GIS Map Fence Location, 292 Salem Street_Narrative, 292Salem
Street_Fee Calculation Worksheet, 292 Salem Wetlands map, 292Salem Street_mapgeo-mailing-labels (1)
Notice of Intent (NOI)
242-1787, 135 North Ramp Road (DeRosa)
The Administrator states there will be no discussion due to the lack of quorum.
Mr. Lynch requests the subcommittee meet while they wait for a determination from MassDEP.
The Administrator agrees to schedule a meeting with Mike Miller and the subcommittee.
A motion to continue to April 14, 2021 is made by Mr. Lynch, seconded by Mr. Mabon
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Vote 4-0, Unanimous.
Documents
Email from dcowell@hancockassociates.com requesting a continuance until 4/14/21
NACC #271, 1550 Salem Street (Carter)
The Administrator provides background on the proposal. Due to a change in contractors a revised plan was
submitted. The pool shape has changed from a rectangle to an oval, with the deck and stairs on the west side
of the pool. The wetland line was reviewed by staff and the wetland consultant and found it to be accurate
after performing a few soil samples. The Administrator recommends closing the hearing and issuing a
decision in 21 days.
Mr. Mabon would like to know if a cartridge, non-backwash system was proposed.
The Administrator states a cartridge, non-backwash system can be conditioned in the Order.
A motion to close and issue in 21 days is made by Mr. Mabon, seconded by Mr. Lynch.
Vote 4-0, Unanimous.
Documents
02-10-2021 Meeting Materials, REVISED CC PLAN - 1550 Salem Street
242-1805, 115 Ogunquit Road, Lot 4 (Breen)
The Administrator provides background on the proposal. The wetland line was reviewed by staff and the
wetland consultant. A small change to the wetland line was requested, pulling WFA7 upgradient by 20-feet.
This did not impact the site plan as proposed. A foundation drain has been added to the plan. There is an
outstanding OOC which governs the subdivision roadway that has yet to receive a COC. The roadway
currently has a binder coat with two lots remaining for development. 115 Ogunquit Road has a portion of the
detention basin which services the roadway. After speaking with the consultant, the applicant has requested
not to lay the final pavement coat and seek a COC until the final two lots are fully developed. In discussion
with the Chair, a pre-construction condition could require maintenance of the detention basin prior to any
work starting on this lot.
Mr. Lynch expresses concerns that the outstanding Order has expired. He believes the project is in violation
and that the applicant will need to refile to complete the roadway.
Mr. Napoli states the detention pond likely has an O&M Plan as part of the open Order but thinks that proper
maintenance should be a pre-construction condition of this OOC.
John Morin, Morin Cameron Group states that the applicant has been maintaining the drainage basin. There
are some trees that have still come up, he does not believe these are affecting the storage volume of the ponds.
He believes the subdivision was approved in 1996/1997. They propose to complete the remaining
maintenance on the stormwater before the roadway goes for street acceptance and a final COC.
Mr. Lynch states if any of the top coat is within the Commission's jurisdiction the applicant is required to
refile.
Mr. Morin questions if they would be allowed to file an RDA for the top coat.
Mr. Lynch states they will be required to file an appropriate application for the work to be completed. He
cautions the consultant to ensure the applicant is aware of the time constraints required to file for roadway
acceptance at Town Meeting. He questions if the perpetual conditions of the expired Order still allow for the
maintenance of the detention pond.
The Administrator states that she believes there was a wetland replication involved with the existing Order.
Mr. Morin states the wetland replication was on Lot 12 or Lot 14 and that an interim As-Built Plan was
submitted for the replication area.
A motion to close and issue in 21 days is made by Mr. Mabon, seconded by Mr. Lynch.
Vote 4-0, Unanimous.
Documents
03-10-2021 Meeting Materials, 02-10-2021 Meeting Materials, Lot 4 Septic Design Rev 3.22.2021
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242-1806, Boxford Street, Lot 9 (Map 105A Lot 24) (Breen)
The Administrator provides background on the proposal. The wetland line was reviewed by staff and the
wetland consultant. A small change was made to WF39, this change did not impact the site plan. A waiver
request is attached for a small portion of the driveway falling within the 50-foot NBZ.
John Morin, Morin Cameron Group provides some background on the waiver request from the previous
meeting.
The Commission discusses the waiver request for driveway encroachment and agrees the alternative analysis
has been satisfied.
A motion to approve the waiver of the 50-foot NBZ as proposed is made by Mr. Mabon, seconded by Mr.
Lynch.
Vote 4-0, Unanimous.
A motion to close and issue in 21 days is made by Mr. Lynch, seconded by Mr. Mabon.
Vote 4-0, Unanimous.
Documents
03-10-2021 Meeting Materials, 02-10-2021 Meeting Materials, Lot 9 Septic Design Rev 3.22.2021
242-1807, 108 Rosemont Drive (Shetty)
The Administrator 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 4-0, Unanimous.
Documents
Email from seekampm.sec@comcast.net requesting a continuance until 4/14/21
242-1808, Beechwood Drive (Map 34, Lot 50) (The Stubblebine Company)
The Administrator states the applicant has requested a continuance.
A motion to continue to April 14, 2021 is made by Mr. McDonough, seconded by Mr. Mabon.
Vote 4-0, Unanimous.
Documents
Email from jhill@tfmoran.com requesting a continuance until 4/14/21
Enforcement Order/Violation
177 Great Pond Road (Strecker) (cont. from 1/27/21)
The Administrator provides background on the Enforcement Order. The applicant has secured the services of
Norse Environmental, an ANRAD must be submitted no later than May 1, 2021.
Romain Strecker, the homeowner states he has been in touch with the wetland consultant to get on their
schedule for delineation.
The Commission directs the Administrator to contact the wetland consultant on behalf of the homeowner. No
additional action is required by the NACC at this time.
Documents
01-27-2021 Meeting Materials, Amended EO 177 Great Pond Road, Norse 2-5-21 Proposal SIGNED
350 Winthrop Avenue (Delta MB, LLC)
The Administrator states a Violation Letter was issued on March 17, 2021 for snow stockpiling within the
100-foot Buffer Zone to BVW and Riverfront Area. The letter required immediate installation of erosion
controls between edge of snow or disturbed soils and the wetland resource areas. Erosion controls have been
installed as required and inspected by the Field Inspector. The Administrator recommends the Commission
issue a formal Enforcement Order with directives to revegetate all the disturbed areas, installation of markers
along the NDZ, Permanently mark the buffer zones with wetland markers, ensure "No Snow Stockpiling" are
in place or added where needed.
Mr. Mabon expresses concern with a photo of a large snow stockpile directly beneath a "No Snow
Stockpiling" sign. He believes the contractor responsible for the snow removal should be made aware of the
sensitive areas.
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Normand Martin, Delta MB, LLC states the snow is currently being stockpiled in the area designated in the
last approval. He states that different workers were put on the job and that one worker pushed the snow into
the Buffer Zone. The area disturbed by the snowplow and in the storage, area is loomed and seeded yearly.
The Field Inspector states when he was onsite the snow piles were outside of the Snow Storage Area Plan on
file from 2019. The plan depicts snow stockpiling within the parking lot in several areas. At the time the snow
had been pushed up to the wetland, causing soil disturbance which will require revegetating. Additional snow
around the backside of the building was also pushed into the wetland, no signage was present. He
recommends additional signage be installed in the future.
The Administrator states there is an open Order for swale improvements that has not been acted upon thus she
believes they are still operating on the old plan. She defers to the NACC for direction.
Mr. Mabon believes that this was an unintentional mistake due to communication issues. He would like a plan
moving forward to prevent confusion in the future and agrees signage suggested by staff would be a good step
moving forward.
Mr. Lynch feels it is appropriate to place a boulder line 10-feet upgradient from the 25-foot NDZ and a fence
at the 25-foot NDZ to serve as a trash collector.
Mr. McDonough states that a fence would be appropriate and if the contractor destroys Market Basket
property, the MB will have to replace it.
The Commission discusses the violation and the volume of trash and agrees a permanent barrier needs to be
installed. The applicant must provide a plan for consideration by the NACC within 30-days.
Mr. Martin states they will put together a plan for review by the Commission in the meantime the trash will
be cleaned up and all disturbed areas leveled and seeded.
A motion to amend the Enforcement Order requiring a plan to be submitted 7 days prior to the April 28, 2021
meeting is made by Mr. Lynch, seconded by Mr. McDonough.
Vote 4-0, Unanimous.
Documents
Winthrop Ave 350 Violation Letter Snow Stockpile
Decisions
NACC #271, 1550 Salem Street (Carter)
The Administrator reviews the drafted Order of Conditions.
The Commission discusses erosion controls, an erosion control blanket is not required. Wetland markers are
required to be placed on the pre-existing fence, no mowing beyond the fence. The bond will be set in the
amount of $1,000.00.
9:02 p.m., Mr. Napoli experiences technical difficulties.
9:03 p.m., Mr. Napoli rejoins the call.
A motion to adopt the Order of Conditions as drafted and amended is made by Mr. Mabon, seconded by Mr.
Lynch.
Vote 4-0, Unanimous.
242-1805, 115 Ogunquit Road, Lot 4 (Breen)
The Administrator reviews the drafted Order of Conditions.
The Commission discusses the revision dates on Condition #22. The bond will be set in the amount of
25-foot NDZ.
A motion to adopt the Order of Conditions as drafted and amended is made by Mr. Mabon, seconded by Mr.
Lynch.
Vote 4-0, Unanimous.
242-1806, Boxford Street, Lot 9 (Map 105A Lot 24) (Breen)
The Administrator reviews the drafted Order of Conditions.
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The Commission discusses Condition #21 regarding the waiver request. The bond will be set in the amount of
$5,000.00. Condition #49 requires posts with wetland markers at the 25-foot NDZ.
A motion to adopt the Order of Conditions as drafted and amended is made by Mr. Mabon, seconded by Mr.
Lynch.
Vote 4-0, Unanimous.
Signature Authorization - Permits Issued at the 03/24/2021 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 Certificate of Compliance for 221 Blue Ridge Road. Modification for Hillside Road, Lot 1.
Determination of Applicability for Phillips Brooks Road, Atkinson Elementary School, 492 Sutton
Street and 292 Salem Street. Amended Enforcement Order for 350 Winthrop Avenue. Orders of
Condition for 1550 Salem Street, 115 Ogunquit Road, Lot 4 and Boxford Street, Lot 9.
o A motion to allow the Administrator to sign the permits as proposed is made by Mr. Lynch, seconded
by Mr. Mabon.
Vote 4-0, Unanimous.
General/New/Old Business
Discussion: In-Person Meeting Option for Boards/Commissions
The Administrator states that Commission and Boards have been given approval to meet in person with
members and staff up to 8 people, no applicants or representatives will be allowed at this time.
The Commission agrees to meet in the BOS at the Town Hall for the next meeting.
The Administrator states she received notification that National Grid will be replacing an existing gas line
starting at the intersection of Great Pond Road and Rt. 125. The construction will span 1045-feet to
approximately 1915 Great Pond Road within the paved ROW. Work is expected to start mid-April and take
approximately two weeks to complete. Commissioner Lynch states this is an in-kind replacement that meets the
exemption.
Adjournment
A motion to adjourn at 9:28 p.m. is made by Mr. Lynch, seconded by Mr. Mabon.
Vote 4-0 Unanimous.
2021-03-24 Conservation Commission Minutes