HomeMy WebLinkAbout2024-01-10 Conservation Commission Minutes
Page 1 of 8
Approved 02/14/2024
North Andover Conservation Commission Meeting Minutes
January 10, 2024
Members Present: Bradley S. Mustain, Sean F. McDonough, Louis A. Napoli, Chairman, Albert P. Manzi, Jr.,
Vice Chairman and John T. Mabon
Members Absent: Joseph W. Lynch
Staff Members Present: Amy Maxner, Conservation Administrator and Justine Fox, Field Inspector
Meeting came to Order at: 7:00 p.m. Quorum Present.
Pledge of Allegiance
Acceptance of Minutes
The minutes for December 13, 2023 and December 20, 2023 are not ready for approval.
Certificate of Compliance
242-1639, 351 Willow Street (Muffin Realty Trust)
The Administrator states the Applicant has requested a continuance.
A motion to continue to January 24, 2024, is made by Mr. Manzi, seconded by Mr. Mabon.
Vote 4-0, Unanimous.
Documents
Email from will@morincameron.com requesting a continuance until 01/24/2024
Certificate of Compliance
242-1794, 335 Willow Street (Muffin 3X, LLC)
The Administrator states the Applicant has requested a continuance.
A motion to continue to January 24, 2024, is made by Mr. Manzi, seconded by Mr. Mabon.
Vote 4-0, Unanimous.
Documents
Email from will@morincameron.com requesting a continuance until 01/24/2024
Certificate of Compliance
242-1796, 490 Winter Street (Dainowski)
The Administrator provides background on the after-the-fact Order issued in November of 2020. Work was
completed in compliance with the approved plan in the summer of 2021. The site is stable and signage has
been installed as required in the Order. As required by the Order, the as-built plan notes an additional
wetland may exist on the abutting property towards the rear and that additional BZ may encumber the
subject property.
7:03 p.m. Mr. McDonough joins the meeting.
The homeowners are present.
A motion to issue a full and final Certificate of Compliance is made by Mr. Mabon, seconded by Mr. Manzi.
Vote 4-1, (In Favor: Mustain, Napoli, Manzi, Mabon, Abstained: McDonough).
Documents
COC Request with Supporting Materials - 490 Winter Street 12 20 23, EDEV7467, EWEB2306
Certificate of Compliance
242-1820, 227 Berry Street (Brunette)
The Administrator provides background on the Order issued in November of 2021. The site is stable and
signage has been installed as required. Restoration plantings conditioned in the Order are doing well and
mowing in this area has ceased.
A motion to issue a full and final Certificate of Compliance is made by Mr. Mabon, seconded by Mr. Manzi.
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Approved 02/14/2024
Vote 5-0, Unanimous.
Documents
227 Berry Street - COC Request with Supporting Materials 11 09 23
Small Project
NACC #318, Clark Street (National Grid)
The Administrator presents the proposal for the installation of a new utility pole and two (2) concrete
encased underground conduits to be installed within the ROW at the end of the Clark Street. The conduits
will be installed from the new pole and dead end within an existing manhole, approximately 55-feet to the
northeast within the cul-de-sac. Temporary excavation will be required using a backhoe to a depth and width
of 2-feet. Once installed the trench will be backfilled and repaved. Additional soils/debris are proposed to be
removed from the site and disposed of accordingly. The project is located within the 200-foot Riverfront
Area to the Merrimack River. Permanent impacts include 3-sq ft of Riverfront Area for the pole and
requiring pre and post construction meetings.
Jim Bolduc, VHB states work is scheduled to occur this winter.
The Commission discusses the proposal and agrees that due the timing of the work erosion controls will be
required.
is made by Mr. McDonough, seconded by Mr. Mabon.
Vote 5-0, Unanimous.
Documents
Small Project Application_Signed
Small Project
NACC #319, 333 Waverly Road (Erickson Foundation Solutions)
The Administrator presents the proposal for the installation of geo-lock wall anchors and interior perimeter
footing drains which will connect to a sump pump. Ground disturbance includes the installation of a 10-foot
exterior drain line (EDL) and terminal yard grate at the rear of the house in lawn, as well as installation of
geo-lock wall anchors at the front of the house. Work for the terminal yard grate is 47-feet from the bank of
an intermittent stream. Work for the wall anchors at the front of the house is 86-feet from the stream bank.
She does not believe erosion controls are necessary for work at the front of the house. Straw wattles will be
required to envelope the terminal yard grate work.
Mr. Mabon questions how the drainage system works.
Mr. Manzi states per the proposal the drainage system will be tied to a sump pump with a back-up pump. He
questions where the EDL daylights and expresses concerns with the contract disclaimer regarding water
discharge. He is not in favor of approving a project that may impact an abutter. He requests additional
information on where the system daylights, if the water will stay on property and flow rates.
Cassady Santiago, Erickson Foundation Solutions, confirms the system proposed is paired with a sump. The
terminal grate is located 10-feet from the house within the project site.
Mr. Napoli questions whether a SPP is the proper application for the proposal.
Mr. McDonough states he does not have enough information to consider this under a SPP.
property as it will find its way to the stream. He requests energy dissipation be provided at/downstream of
the discharge point
Ms. Santiago presents hand sketched specifications for an energy dissipator.
Mr. Mabon and Mr. Napoli agreed the water discharge will not impact abutters.
Mr. Mabon requests calculations/narrative for the anticipated flow rates and calculations to ensure the
terminal grate is sized appropriately.
The Commission discusses the proposal and how to proceed. After due discussion they agree the project
requires additional design details (size and calculations, max flow, receptacle capacity and design detail for
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the velocity reducer) and should be re-filed under an RDA. They allow the Applicant the opportunity to
withdraw without prejudice.
Ms. Cassady states she needs to speak with the homeowner on how they would like to proceed.
A motion to deny the Small Project application is made by Mr. Manzi, seconded by Mr. McDonough.
Vote 5-0, Unanimous.
Documents
333 Waverly Road Pics, Example Discharge BMP, Mapper Topo 333 Waverly Rd, Small Project Application
with Supporting Materials 12 28 23
Small Project
NACC #320, 4 Oak Avenue (Erickson Foundation Solutions)
The Administrator states the proposal is similar to the 333 Waverly Street project that was just heard. At this
site the wetland wraps around the property with a stone wall separating the yard from the wetland. The
property is very flat and wet. The proposal includes the installation of SmartJacks and supplemental beams
to support the existing floor joist system beneath the house and the installation of a sump pump system
which discharges to a terminal yard grate. Work for the terminal yard grate is 26-feet from BVW. All work
is to be conducted by hand.
Mr. Mabon states the proposal has similar issues to the one at 333 Waverly Road. He notes the discharge is
outside of the 25-foot NDZ, however no details have been provided. He would like to know the soil
characteristics for both 4 Oak Avenue and 333 Waverly Road to help determine how much of the water will
percolate and how much stays on the surface.
Mr. Mustain questions if due to the topography it's possible for the flow to come back towards the house.
The Administrator states due to the topography, she believes the water would sit in the yard. The energy
dissipator sketch detail is the same as the one provided for 333 Waverly Road.
Mr. Manzi does not feel the project is approvable without the max flow volume.
Cassady Santiago, Erickson Foundation Solutions states she can provide information on the maximum influx
of water however this will depend on the circumstances and storm event.
Mr. Mustain states additional information is required including the flow path.
Mr. Manzi suggests the Applicant request a continuance so they may provide additional information.
The Administrator expresses concern that the NACC previously denied a similar project at 333 Waverly
Road. She recommends the NACC deny both requests and require the Applicant file an RDA.
The Commission discusses how to proceed with the application.
A motion to continue to January 24, 2024, is made by Mr. McDonough, seconded by Mr. Mabon.
Vote 5-0, Unanimous.
Documents
4 Oak Photos, Small Project Application with Supporting Materials 12 28 23
Small Project
Reconsideration - NACC #319, 333 Waverly Road (Erickson Foundation Solutions)
Mr. Manzi makes a motion to reconsider his previous motion to deny the Small Project application for 333
Waverly Road, seconded by Mr. Mabon.
Vote 5-0, Unanimous.
A motion to continue to January 24, 2024, is made by Mr. McDonough, seconded by Mr. Mabon.
Vote 5-0, Unanimous.
Request for Determination of Applicability
754 Boxford Street (Geiger)
The Administrator presents the proposal for the installation of an above ground swimming pool within the
existing lawn area. Ground disturbance includes leveling the area for the pool. The pool deck will be 51-feet
from the Resource Area at its closest point. The existing shed located within the 50-foot NBZ was discussed
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at the May 10, 2017 meeting under a prior filing; at the time the Commission agreed to take no action as
recommended by the previous Administrator.
Mr. Mabon states although the pool complies with the Bylaw the property contains various violations (shed,
portable screen house, raised garden bed and gravel driveway bump out) located within the 50-foot NBZ and
25-foot NDZ.
Mr. Manzi suggests the NACC prohibit improvements, repairs, maintenance or replacement of the shed.
Mr. McDonough questions if the fence was present in 2017.
Brian Geiger, the Applicant states the fence, shed and gravel driveway were pre existing when he and his
wife purchased the house. The previous Conservation Administrator told them in 2017 that they could do
whatever they wanted within the confines of the fence; structures would require a permit.
Mr. Mabon explains that generally the NACC would require restoration of the 25-foot NDZ and requests the
raised garden bed be moved.
Mr. Napoli states fencing is typically allowed up to the 25-foot NDZ. He expresses concerns with the gravel
bump out.
Jay Henshall, Gibraltar Pools states construction access will be through the driveway. The project should
take approximately 8-hours to complete. A small bobcat will be used, he estimates it will only be on
property for 1-hour or so. No tree removal or stockpiling is proposed. The area for the pool is already
partially disturbed by a deck off the rear of the house that needed to be demolished.
Mr. McDonough requests the 50-foot NBZ be staked to prevent encroachment into the 50-foot NBZ. He
would be appropriate to take action on the shed or driveway if they reviewed them previously and decided
not to take action.
Mr. Geiger describes the fence location and states no changes have been made to the property since he was
before the NACC in 2017. The entrance to the shed is on the wetland side. He agrees to move the raised
garden bed if required by the Commission.
Mr. Mustain
The Commission discusses the various violations and agrees no action will be taken on the driveway bump
out, the shed and fence may remain: no improvements will be allowed to the shed. The raised garden bed
and greenhouse are to be relocated outside of the 50-foot NBZ and 25-foot NDZ. Mitigation plantings (5
shrubs) will be required at the direction of the Administrator on the upland side of the fence within the 25-
foot NDZ.
A motion to close the hearing and issue Negative Determination #3 with conditions and restoration as
recommended, discussed and amended is made by Mr. Manzi, seconded by Mr. McDonough.
Vote 5-0, Unanimous.
Documents
754 Boxford Photos, RDA Application with Supporting Materials 12 19 23, RDA Plan 754 Boxford Street 12
06 23, Wetland Report 754 Boxford - M. Trudeau 09-25-23
Notice of Intent (NOI)
242-1878, 30 Anne Road (Vidal)
The Administrator states the Applicant has requested a continuance.
A motion to continue to January 24, 2024, is made by Mr. Manzi, seconded by Mr. McDonough.
Vote 5-0, Unanimous.
Documents
Email from alek@chongrisengineering.com requesting a continuance until 01/24/2024
Notice of Intent (NOI)
242-1880, 0 Boston Street (aka 531 Boston Street) (Sullivan)
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The Administrator provides background on the proposal heard at the previous meeting. A construction
entrance and stockpile location have been added to the plan. Per the Town Engineer work within the ROW
can be addressed with a road opening permit.
Mr. Mustain states direction has been provided to the consultant regarding grading within the driveway at the
roadway.
A motion to close and issue in 21 days is made by Mr. McDonough, seconded by Mr. Mabon.
Vote 5-0, Unanimous.
Documents
11-15-2023 Meeting Materials, 12-13-2023 Meeting Materials, 2023.12.18 - Wetland Permitting Plans R2, J.
Borgesi Response EMail - Fwd_ RE_ 531 Boston Street - Question per Conservation, L_121823_NACC
Notice of Intent (NOI)
242-xxxx, 350 Winthrop Avenue (DSM Realty, Inc)
The Chairman states the application is currently being reviewed by the Planning Board; third party peer
review will be required.
Environmental are present on behalf of the Applicant.
Mr. Dundon presents the proposal for a redevelopment project consisting of renovating two commercial
buildings, reconstruction of the existing parking lot and installation of stormwater management structures at
the North Andover Mall. The area is currently developed as a shopping mall containing multiple businesses,
parking lot and two driveways with access to Winthrop Avenue. The property is encumbered by regulated
wetland resource areas which surround the site. A portion (90% of the front parking lot area) of the site is
located within the 100-year flood plain. Renovations to the building include the exchange of store locations
for two of the current tenants (Market Basket & Kohls). The front facade of the current Market Basket will
be removed, reducing the footprint of the mall by 9,000-sq ft. Renovations to the site will include upgrades
and enhancements to the existing parking area. The edge of the drive adjacent to the stream will be relocated
outside of the 25-foot NBZ, resulting in a 10 to 15-foot shift of the parking lot inboard to the site. The area
will then be regraded and restored with future stormwater BMPs. Additional parking area improvements
include vertical granite curbing around the perimeter edge of the parking facility as well as interior.
Landscape islands are proposed at the beginnings and ends of the parking rows. Longitudinal islands have
been integrated approximately every fourth parking row. Two (2) sidewalk systems are proposed from
Winthrop Avenue to the shopping center storefronts. The redesign of the parking lot will result in a net
decrease of impervious surface area by approximately 55,000-sq ft. He notes that flood storage calculations
have been provided for work in the floodplain. He describes enhancements to the existing stormwater
system which include wet basins with sediment forebays, a water quality swale, and hydrodynamic particle
separators. These enhancements will achieve a total suspended solid removal rate of 80% and a phosphorous
removal rate of 52% compared to the existing conditions. In conjunction with the NOI a Special Permit
application was filed with the Planning Board. Both the Planning Director and Conservation Administrator
waiting on comments from the third party peer reviewer that may need to be addressed. Preliminary
comments were received from the Administrator, these comments will be addressed once the comments are
received from Horsley Witten. A site visit was conducted by the Administrator and Tom Liddy, Lucas
Environmental on Friday, January 5th, 2024.
Mr. Mabon states he is very pleased with some of the features built into the project. He requests a
taller/higher fence in the front parking lot to better protect the wetland from trash. He questions whether
there are plans to expand, reduce or reconfigure the loading dock area.
Mr. Dundon states the building footprint in the back remains the same, however the future Market Basket
loading dock area will be angled away from the back wall to allow easier truck accessibility. Trench drains
will be installed at the reconfigured loading dock locations that will direct stormwater to proposed
hydrodynamic particle separators for pollutant removal prior to connection to the drainage system which
outlets to the wetland on the northeasterly side of the property. Curbing will be added to the perimeter edge
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of pavement as part of the improvement plan; as a result of this work the disturbed areas will be loomed,
seeded and stabilized.
Mr. Manzi requests additional Riverfront Area enhancements and restoration be considered along the entire
bank that abuts the property.
Mr. Napoli questions if the entire parking area will be completely re excavated. He expresses concerns with
tractor trailers being able to access the rear parking lot.
8:32 p.m. Mr. Manzi leaves the meeting.
Mr. Dundon states it will be a full depth reclaim which will be re-graded to new contour elevations and
paved. Truck turning movements have been run for the perimeter of the back area, a turnaround area is
proposed. A detailed landscape plan was provided with the NOI as part of the redevelopment plan.
The Administrator states the stormwater system will comply with the MassDEP Stormwater Management
Standards to the maximum extent possible under Riverfront redevelopment regulations.
8:34 p.m. Mr. Manzi rejoins the meeting.
The Commission reviews plans showing the composite overlay.
Mr. Lamp states truck movements in the back will be relatively the same, there will be a 120-foot spin circle
behind the new Kohl's location. An under drain is proposed along the curb line in the rear to prevent water
from spilling over the curb. Construction will occur over a 2-year period. Kohl's vacates this spring; that
space will be reconstructed over 1-year for Market Basket. In 2025, the market space will be vacated and
-10 months. Renovations are anticipated to be completed at the end of 2025.
The Administrator questions if the full depth reclaim will be phased.
Mr. Lamp states the parking lot paving will likely be done in 10-12 phases; once a contractor is secured
phasing will be shared with the Town. During paving 200-300 spaces will be available in front of Market
Basket at any given time. He requests additional clarification on what type of enhancements Commissioner
Manzi is seeking in the Riverfront Area.
Mr. Manzi states he will speak with the Administrator to come up with some ideas.
A motion to continue to February 14, 2024, is made by Mr. Manzi, seconded by Mr. McDonough.
Vote 5-0, Unanimous.
Documents
2023-12-08 - Complete Site Plan Set, 2023-12-08 - RJOC Dwg FS-1 - Compensatory Flood Storage Plan
(Existing), 2023-12-08 - RJOC Dwg FS-2 - Compensatory Flood Storage Plan (Proposed), 2023-12-08 -
Stormwater Management Report, 2023-12-15 - NOI Application North Andover Mall Redevelopment
Enforcement Order/Violation
I-495 Southbound On-Ramp - Tractor Trailer Oil Release
Mr. McDonough recuses from the discussion due to a conflict of interest.
The Administrator states the 120-day IRA Status Report has been provided. The Traffic Management Plan
and Highway Access Permit are still in the review process with MassDOT.
Keith Sullivan, Clean Harbors is present for questions.
Mr. Napoli states the project is out of the
review and requests Mr. Sullivan keep the Administrator updated.
The Administrator states monitoring reports are received after rain events.
No action is required at this time.
Documents
10-11-2023 Meeting Materials, 11-15-2023 Meeting Materials, 2024 01 09 120-Day IRA Status, EMail Status
report- Site Visit January 6, 2024
Enforcement Order/Violation
49 Court Street (Petrosino/Fiorante)
The Administrator provides background on the EO issued in June of 2022. The homeowner tried to submit
the NOI earlier today however it was not complete; they are not working with a wetland consultant. She is
unsure whether the application will be ready for
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requested an NOI application be submitted by November 30th to be heard December 13th. A site visit was
conducted today and work has occurred at the rear of the house.
Mr. Mabon expresses concerns that the site has been destabilized and NOI work is being conducted without
proper permitting
The Administrator states some of the site has been destabilized, most of the slopes are still okay.
Mr. Napoli expresses concerns the homeowner is conducting work under a cease and desist and believes the
NACC should start assessing fines.
The Commission discusses how to proceed and agrees to start fining in the amount of $100 a day for
noncompliance with the EO. Fines will continue until a complete NOI is received, equipment has been
removed from the site and the site has been restabilized as discussed.
A motion to amend the Enforcement Order as discussed is made by Mr. McDonough, seconded by Mr.
Mabon.
Vote 5-0, Unanimous.
Documents
07-13-2022 Meeting Materials, 08-10-2022 Meeting Materials, 09-14-2022 Meeting Materials, 09-27-2023
Meeting Materials,09-28-2022 Meeting Materials, 10-26-2022 Meeting Materials,4th Amended EO - 49
Court St. 09-27-23, 49 Court 01-10-24 pics
Enforcement Order/Violation
40 Flagship Drive (DWT Holdings/William Linskey)
The Administrator questions whether the Commission would consider ceasing fines against the violator now
that 85 Flagship Drive has volunteered to restore the wetland under a friendly Enforcement Order.
Mr. Mabon states it was his understanding that more than one site was impacted by the failure at 40 Flagship
Drive.
Mr. Manzi expresses concerns that the Special Permit issued by the Planning Board has not been revoked
after several requests by the NACC. He believes not revoking the permit allows an opportunity for the
applicant to start work up again.
The Administrator states the surety bond with the Planning Board has been canceled.
The Commission discusses the EO and agrees fines will continue until all impacts on all properties affected
have been addressed. They request the Administrator compose a letter to the Planning Board from the NACC
requesting the Special Permit be revoked, the letter should be Cc: to the Town Manager and Legal Counsel.
Melinda Perrone, 65 Meadowood Road expresses concerns with machinery/equipment on the property.
Mr. Manzi states due to the cease and desist all machinery/equipment must remain.
The Administrator states the property owner also wants to keep people from driving into the property so he
has blocked off the entrance.
A motion to authorize the Administrator to compose a letter to the Planning Board on behalf of NACC as
discussed is made by Mr. Manzi, seconded by Mr. McDonough.
Vote 5-0, Unanimous.
Documents
04-26-23 EO - To Linskey for Wetland Violations at 85, 115 Flagship, 400 Willow Street
Decision
242-1880, 0 Boston Street (aka 531 Boston Street) (Sullivan)
The Administrator reviews the draft Order of Conditions.
Mr. Mustain requests an additional condition be added to direct stormwater from the driveway away from the
travel lanes.
A revised plan must be received prior to construction noting the low point in the driveway. All imported soils
will require a certificate of origin. The bond will be set in the amount of $5,000.
A motion to adopt the Order of Conditions as drafted and amended is made by Mr. Manzi, seconded by Mr.
McDonough.
Vote 5-0, Unanimous.
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Adjournment
A motion to adjourn at 9:06 p.m. is made by Mr. Manzi, seconded by Mr. McDonough
Vote 5-0, Unanimous.
2024-01-10 Conservation Commission Minutes