MacLellan Oil Apartment Project Clears Final Hurdle

Conservation Commission also signs off on Tewksbury Dental overflow parking — though not unanimously

The Tewksbury Conservation Commission met last night with all members present. Hearings for 156 County Road and 1596 Andover St. were continued to the next meeting.

A request for a certificate of compliance for a newly built home at 15 Ponderosa Road was continued based on a finding that vegetation removal went beyond what was on the approved plan, extending close to the 25- and 50-foot buffer zone marks. A fence meant to delineate the 25-foot no-disturb zone will not be constructed. The applicants will be back on May 1.

Tewksbury Dental
After negative determinations of applicability for 8 Maplewood Rd. and 80 Sawyers Lane, the board moved on to the overflow parking at Tewksbury Dental Associates at 1438 Main St. 

Attorney Gordon Glass and Jim Hanley of Civil Design Consultants represented Tewksbury Dental. Hanley reminded the Commission of the progress of the project, which has been ongoing since June 2023, and said he hoped for a positive vote. The project received Planning Board approval last week.

Residents of Sarina Woods, a 14-unit development that shares an access road with the practice, organized to oppose the project as originally presented and won significant concessions, including a reduction in the number of parking spaces, additional vegetation, an additional catch basin along the entrance lane, and more upkeep and stormwater management to be done by the dental practice.

Conservation Agent Joe Fontaine asked for standard conditions as well as permanent sediment controls, reporting before construction commences and adherence to a long-term maintenance plan.

Sarina Way HOA spokesman Arafat Khan said that “with great difficulty and pain” the association was able to negotiate with the practice, but he cited basement flooding in the community and the loss of 35 trees for parking spaces that the HOA has disputed are actually needed.

“I think it’s important that the Commission knows that we’ve worked extensively with the condominium association,” said Glass. “We reached a written, signed legal agreement.” 

Member Linda Darveau asked why there could not have been a more creative solution, such as renting employee parking spaces from St. Williams, which is directly across the street, with an existing crosswalk.

“This is really heartbreaking to hear that these people have flooding issues now, because we know what’s going to happen,” said Darveau. 

She pointed out that the homeowners may end up needing to install sump pumps, which would drain into wetlands, and said the parallel parking setup looks hazardous. 

“We’ve got a bad design and we’re layering bad design on top of it,” said Darveau.

Hanley pushed back, saying that calling the project bad design is unfair and reflects not only on his company but the DPW, the conservation agent, DEP and the HOA, which spent 10 months negotiating changes.

“I honestly take offense to that. I don’t think that that’s fair. I don’t think that that’s right,” he said. “I want it noted that I absolutely take exception to those comments.”

Chair Dan Ronan said the plan could have been improved.

“I do wish I could hold you to a higher standard,” said Ronan. “I don’t think anybody should take offense to saying that you could do a little bit better.”

Given that all of the stormwater standards have been addressed, the notice of intent was approved by a vote of 4 – 1 with Darveau voting nay. The Planning Board waiver approval was also not unanimous, with Vinny Fratalia opposed. 

Given ten months of legal fees and design rework plus the needed stormwater infrastructure and other remediations, these may be the most expensive employee parking spots ever constructed in Tewksbury.

MacLellan Oil
Hanley and Glass stayed on for the 1167-1187 Main St. hearing, which has also been ongoing, with the applicant having appeared five times as the Commission discussed the status of Darby Brook.

“We took it upon ourselves to take a step back,” said Hanley, by conceding that Darby Brook is in fact a perennial stream and adjusting the design to meet applicable wetland regulations.

The applicant has reduced the number of units to 24, shrinking required parking, and had Norse Environmental and Fontaine review the banks of the wetland.

“We pushed everything as far away from the wetland as we possibly could during the process,” said Hanley. 

Fontaine reiterated that, with the applicant conceding that the stream is perennial, additional regulations kick in. He recommended some standard conditions as well as sediment control devices and regular reporting as well as compliance with long-term conditions.

Owners of condos at Cottage Place, at 1147 Main St., questioned the position of the home to be retained as an office and said there is flooding of their units during heavy rains. Glass pointed out that the project now complies with all applicable regulations.

“That property is not really in discussion,” said Hanley. “What we’re talking about is the proposal that we have in front of us now.”

While he expressed sympathy with the flooding, he pointed out that there is a reduction in impervious surface and the proposal is now fully compliant with regulations. 

The notice of intent was approved unanimously.

Tree Cuttings
After approving emergency certifications for tree removals at 100 Sawyers Lane and a sewer tie in at 197 Vale St., the commission circled back to illegal tree removals on town land at 740 North St. by Germano Drive residents. One resident, John Broussard of 50 Germano Drive, provided a restoration plan. The other two residents have followed up with Fontaine and must provide their own full restoration plans or face legal action by the town. 

Enforcement Update
Fontaine worked with town counsel on a way for the commission to better enforce M.G.L. Chapter 40 Section 21 D, which authorizes boards within a municipality to issue tickets for violations of bylaws. 

“I wanted to create a regulation that more explicitly addresses law and proper implementation,” said Fontaine.

If the regulation is approved, going forward tickets may be issued by a majority vote of the commission and impose fines of $100 per day for violations including, but not limited to, unpermitted alterations to wetland resource areas, unpermitted alterations to buffer zones, failure to comply with all conditions listed within an enforcement order and for failure to obtain an appropriate permit through the Tewksbury Conservation Commission. 

Fontaine suggested giving the public the opportunity to comment by taking a vote on the proposal at the commission’s next meeting, on May 1.