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HomeMy WebLinkAbout2025-02-26 Conservation Commission Minutes Approved 0312612025 Albert P. Manzi Jr., Chair .• Bradley S. Mustain John T. Mabon, Vice Chair j /j'' ;,-. Marissa Valentino Sean F. McDonough !'' Matthew Bohenek David F. White Town of North Andover North Andover Conservation Commission North Andover Conservation Commission Meeting Minutes February 26, 2025 Members Present: David F. White, Sean F. McDonough,Albert P. Manzi Jr., Chairman, John T. Mabon, Vice Chairman, Matthew Bohenek, Marissa Valentino and Bradley S. Mustain Members Absent: n/a Staff Members Present: Amy Maxner, Conservation Administrator Meeting came to Order at. 7:00 p.m. Quorum Present. Pledge of Allegiance Chair Albert Manzi Jr. will only cast a vote in the event of a tie, in accordance with Robert's Rules of Order Newly Revised 12th ed.,§4:56 7:01 p.m. Mr. Bohenekjoins the meeting. Acceptance of Minutes • A motion to accept the minutes of January 08, 2025, as drafted was made by Mr. Mustain, seconded by Ms. Valentino. • Vote 4-2, (In Favor: McDonough,Bohenek,Mustain,Valentino,Abstained: White&Mabon). Commission Remarks Honoring Outgoing Commissioner Joseph Lynch The Commission recognized Joseph Lynch for his decades of dedicated service to the Town of North Andover. • Mr. Manzi highlighted Joe's long-standing commitment since 1994, including multiple terms as Chair and Vice Chair. He praised Joe's technical expertise as a professional engineer and his active participation in Town Meetings, acknowledging the challenge of filling his shoes. • Vice Chair Mr. Mabon described Joe as a valued colleague and friend, noting his 20+years of steady contributions, leadership in rewriting the Commission's Town Bylaw, and his ability to balance public service with a demanding career and family life. • Commissioner McDonough likened Joe to the"Tom Brady of Conservation,"calling him an irreplaceable asset and a true legend in his work. General/New/Old Business Open Space&Recreation Plan Draft Update—Presentation • Krista Moravec from Horsley Witten provided an overview of the North Andover Open Space and Recreation Plan(OSRP),focusing on public and private undeveloped land with conservation,recreational, or ecological value, as well as parks and athletic facilities. The OSRP aims to maintain these resources' economic, social, and environmental benefits while keeping the Town eligible for state funding. She highlighted accomplishments since the last OSRP update, including the adoption of the Farinland of Local Importance designation,updates to the Lake Cochichewick Watershed Plan,resiliency planning, and improvements guided by the Athletic Field Master Plan. Community input was gathered through public workshops, surveys, and collaboration with various Town departments such as Recreation, Planning, and Conservation to identify open space,recreational, and resource protection needs. Ms. Moravec outlined the plan's key goals. The first goal is to implement the OSRP in alignment with Town policies, secure funding, and explore the creation of an open space committee.The second goal focuses on protecting the town's natural environments, including Lake Cochichewick and its watershed,while promoting private land stewardship through programs like Chapter 61. The third goal emphasizes ensuring equitable access to recreational spaces by expanding trail networks, addressing underserved neighborhoods, and increasing public awareness of existing open spaces. The final goal involves strengthening planning,management, and conservation efforts, such as developing a town-wide management strategy for conservation land,re-evaluating the use of 400 Great Pond Road, and creating a process to prioritize land for protection. The seven-year action plan organizes tasks by timeframe, identifies lead departments, and lists potential funding sources. While the plan does not assign specific costs, it references available grants and funding opportunities to support each action. • Ms. Valentino asked whether the Conservation Commission would be informed of Planning Board actions. • Ms. Moravec confirmed that collaboration would continue. • Mr. Mabon inquired about phased action plans and was assured the seven-year plan includes clear timelines, task lists, and funding opportunities for Conservation. • Carol Disney, 92 Prescott Street questioned the location of 400 Great Pond Road. • Mr. Mustain clarified that it is the house near the water,recently acquired by the Town,with a committee working on its future use. • The NACC will review the draft plan over the next few weeks and provide feedback. • Ms. Moravec stated that she will meet with the Select Board on March 3rd, gather additional comments, and submit the updated draft to the Division of Conservation Services (DCS). She asked the Commission to consider whether they would like to submit a letter of support to accompany the draft plan. General/New/Old Business 660 Great Pond Road(Rolling Ridge)—Eagle Scout Giving Garden Trellis Project(P.Minchala) • The Administrator stated the Applicant has requested a continuance. • A motion to continue to March 12,2025,was made by Mr. McDonough, seconded by Mr. Mustain. • Vote 6-0,Unanimous. Documents Email from AZLrL)12 ) rmail.com requesting a continuance until 03112125 Small Project NACC#342,71 Peach Tree Lane (Deck It) • The Administrator explained that the project involves an in-kind replacement of an existing 12xl4 rear deck, located approximately 55-ft from the Bordering Vegetated Wetland(BVW). The work includes installing new helical pile footings, with old footings cut below grade. A dumpster will be on-site for demolition materials. The Administrator recommended classifying the project as a Small Project under Category`B,"requiring erosion controls at the 50-foot No Build Zone (NBZ)limit and pre-and post-construction inspections. • The homeowner was present. • Mr. Mabon confirmed the 55-ft setback to WF-332 and asked if staff had verified this in the field. • The Administrator stated a recent site visit confirmed the setback,noting the slope is topographically controlled, and the wetland boundary remains valid due to the slope. • A motion to accept this as a Small Project"B"was made by Mr. McDonough, seconded by Mr. Mabon. • Vote 6-0,Unanimous. • A motion to approve the Small Project permit as proposed and with conditions as recommended was made by Mr. Mustain and seconded by Mr. Mabon. • Vote 6-0,Unanimous. Documents 71 Peach Tree Lane-Small Project Application with Supporting Materials 02 1125, As-Built Excerpt 71 Peach Tree, Deck Plans, Specs 2025-02-26 Conservation Commission Minutes Page 2 of 8 Small Project NACC#343,314 Salem Street(Saurman Construction) • The Administrator explained the project involves constructing a 6' x 30' (180 sq. ft.) front farmers porch, located 90.1-ft from the off-site Bordering Vegetated Wetland(BVW). All work will be done manually,with materials stored in the driveway. A silt sock is proposed, and she will assist in determining its placement due to the slight slope of the front lawn. • Ms. Valentino asked if the porch would be open underneath. • Jonathan Saurman of Saurman Construction confirmed the porch will be open underneath with crushed stone added. Railings will be installed along the front edge facing the street, and the porch entrance will be on the side near the existing driveway. • Mr. McDonough questioned why the project was not classified as a Small Project"A". • Mr. Saurman confirmed the porch will have a roof. • The Administrator explained her decision to classify the project as a Small Project"L." She recommended the project be classified under Category"L"with the following conditions: erosion controls using 8-inch mulch socks and pre-and post-construction inspections. • A motion to accept this as a Small Project"L"was made by Mr. McDonough, seconded by Mr. Bohenek. • Vote 6-0,Unanimous. • A motion to approve the Small Project permit as proposed and recommended was made by Mr. McDonough and seconded by Mr. Mahon. • Vote 6-0,Unanimous. Documents LUG-3 723, Plan, Small Project Application with Supporting Materials 02 14 25 Certificate of Compliance 242-1045,Partial COC Request, 430 Osgood Street-NAHS (North Andover Public Schools) • The Administrator stated a continuance will be required as she is still working with the CAD program to determine discrepancies. • A motion to continue to March 12,2025,was made by Mr. McDonough, seconded by Mr. Mustain. • Vote 6-0,Unanimous. Documents Verbal request from Kyle Rowan for a continuance until 03112125 Certificate of Compliance 242-1792, 13 7, 113-115 Andover Street, Stevens Coolidge Place(TTOR) • The Administrator provided background on the Order issued in October 2020. The project at 113-115 Andover Street consisted of several elements. The first part involved expanding gravel access, installing a poly-shed and dumpsters,managing Ash trees affected by Emerald Ash Borer, and removing a compost stockpile near Wetland Flag A17 with subsequent restoration of the area. Originally,the plan included 4-bay open concrete compost stalls and a dumpster pad,but these were eliminated from the project scope with the former Chairman's approval. The second part of the project focused on restoring an Isolated Vegetated Wetland (IVW)by expanding and deepening a constructed pond,planting native species, and modifying the pond outlet to direct overflow to the Bordering Vegetated Wetland(BVW) A Series. The work also included replanting the IVW wet meadow, constructing a bog bridge,improving greenhouse drainage with a vegetated stone-lined swale, creating a driveway turn-around with a new gravel offshoot,installing a 4,000 sq. ft. cutting garden,performing selective tree removal,managing pests affecting Hemlock trees, and adding educational wetland ecology signage. Taylor,the former Field Inspector, and the Administrator conducted site visits throughout construction,with DeRosa Environmental overseeing the IVW/pond restoration and Josh Hasenfus from TTOR actively involved. A final inspection confirmed the site was stabilized and in substantial compliance,with only minor deviations noted in the Engineer's certification letter. The final report indicated successful plant survival, ongoing invasive species management, and provided details on signage and educational programming. 2025-02-26 Conservation Commission Minutes Page 3 of 8 • The Administrator recommended issuing a full and final Certificate of Compliance with ongoing conditions. • Josh Hasenfus and Adam Rollfs of the Trustees of Reservations were present for questions. • Mr. Mustain confirmed the relocated outfall from the approved plan has been inspected and is stable. • A motion to issue a full and final Certificate of Compliance was made by Mr. McDonough, seconded by Mr. Mabon. • Vote 6-0, Unanimous. Documents TTOR Stv. Cool pits,As-Built Plans, Educational Signage, Programming, Eng. Cert. Letter, Full CoC Submission_I_30_2025,IVW restore report, Req. Letter and Work Summary Request for Determination of Applicability 790 Dale Street(Wighardt) • The Administrator presented a proposal to remove three Hemlock trees infested with Woolly Adelgid, with the nearest tree about 28-ft from a Bordering Vegetated Wetland(BVW)tied to an intermittent stream. The plan includes adding a shed(s) outside the 50-foot No Build Zone(NBZ)near the removed trees. Two options were proposed: either two 8' x 8' sheds side by side, 5-ft from the property line(zoning-compliant), or one 8' x 16' shed along the property line,requiring zoning relief due to size. The Applicant will consult with the Building Department before choosing an option. • Ms. Valentino asked about mitigating the impervious area. • Mr. Wighardt mentioned the shed company recommended a crushed stone foundation, and asked about the preferred type of stone. • Ms. Valentino suggested a drip edge with stone voids to manage roof runoff,placed only along the pitched sides of the shed roof. • The Commission agreed the shed(s)must stay outside the 50-foot NBZ,though the drip edge may slightly extend beyond it if necessary. • Mr. Wighardt assured the runoff would flow toward the backyard, not the wetland. • Mr. McDonough requested the plan clearly state the shed(s) would be at least 50-ft from the wetland and that the 50-foot NDZ be staked. • The Administrator recommended closing the hearing and issuing a Negative Determination#3 with conditions: Hemlock stumps to be flush cut and undisturbed, a crushed stone drip edge to be installed, and pre- and post-construction inspections. • A motion to close the hearing and issue the Negative Determination#3 with these conditions was made by Mr. McDonough and seconded by Mr. Mustain. • Vote 6-0,Unanimous. Documents 790 Dale-Aerial Map with Wetland measurements, IMG 4106, RDA -Revised 790 Dale, RDA Attachments Notice of Intent(NOI) 242-1909, 94 Morningside Lane (Staropoli) • The Administrator stated the Applicant has requested a continuance. • A motion to continue to March 12, 2025,was made by Mr. Mabon, seconded by Mr. McDonough. • Vote 6-0,Unanimous. Documents Email from pblaisdellCafivsengineers.com requesting a continuance until 03112125 Notice of Intent(NOI) 242-1907,Route 114 ROW from Waverly Road to Willow Street/Mill Road(MassDOT) • The Administrator stated the Applicant has requested a continuance. • A motion to continue to March 12,2025,was made by Mr. Mabon, seconded by Mr. McDonough. • Vote 6-0,Unanimous. Documents 2025-02-26 Conservation Commission Minutes Page 4 of 8 Email from scam)bell )g inet.cone requesting a continuance until 03112125 Notice of Intent(NOI) 242-1906,430 Osgood Street-NAHS (North Andover Public Schools) • The Administrator stated that the first round of comments from the Town's third-party peer review for stormwater has been received. Gale Associates is working on responses to these comments, as well as the Administrator's initial questions and the Commission's follow-up questions. One item requiring further discussion is the gravel access drive leading to Walsh Stadium. • Kyle Rowan of Gale Associates emphasized that the current application and the previously continued Partial Certificate of Compliance(PCOC) are closely connected. He noted that the main outstanding item for the PCOC is a letter from a professional engineer or land surveyor certifying compliance with the original Order of Conditions(OOC), which the Administrator and the Town hope to submit by March 5th. Regarding the Operations&Maintenance(O&M)logs for the school property,they are still awaiting documentation from North Andover High School(NAHS),which outsources this work to a third party. Mr. Rowan also addressed two key items: the shed and the gravel drive. The shed, currently just outside the 50-foot No Build Zone (NBZ),will be relocated north between the two fields, outside the 100-foot Buffer Zone, as part of the upcoming Notice of Intent(NOI). For the gravel drive and parking area south of the baseball field,he explained that the project underwent limited site plan review with the Planning Board, during which the Fire Department requested that emergency access to the southeast corner of Walsh Stadium be maintained. To meet this requirement, Gale Associates proposes keeping a 10-foot-wide gravel driveway from the curb cut to Walsh Field,loaming and seeding both sides, adding a vehicle gate, and installing signage to indicate that the drive is for emergency access only—not public parking. This plan aims to balance emergency access needs with addressing the unpermitted installation of the gravel drive. • Mr. Manzi confirmed that if the proposed road is designated as a public safety access road, a waiver request will be required to formalize this,unless an alternative solution is presented to mitigate the need for a waiver. • Mr. McDonough inquired about the distance between the gravel drive and the wetland. • The Administrator clarified that a portion of the gravel drive currently falls within the 25-foot No Disturb Zone(NDZ). • Mr. Rowan presented a sketch from the Fire Department supporting the need to maintain emergency access, along with a proposal from Gale Associates showing an aerial underlay of the plan. The proposal includes a 3-ft swing gate/vehicle gate at the existing curb cut of the access drive, with"Emergency Access Only—No Parking" signage on both sides. The drive would run directly behind the baseball field and into Walsh Field. A small portion of the new gravel access drive will encroach on the 50-foot No Build Zone(NBZ),but the majority remains outside this area. Disturbed areas will be restored with loam and seed. Mr. Rowan also suggested designating the area southeast of the drive as a"no-mow"zone. • Mr. Mustain asked whether emergency vehicles would have space to turn around or if the plan assumes they will use the turf field. He noted that since the new access drive location requires excavation and improvement of the roadbed, it is important to confirm whether the proposed 10-ft width is adequate for North Andover's standards. Mr. Mustain acknowledged that gravel is the most cost-effective road material but mentioned the option of a geogrid composite. Given the minimal encroachment into the 50-foot NBZ, he expressed support for the gravel path. • Ms. Valentino agreed with the plan to re-establish the lawn on either side of the drive but recommended extending the fence to prevent vehicles from bypassing the gate. • Mr. Rowan confirmed that a 10-ft road width is appropriate,with a typical 25-ft inside turning radius for emergency vehicles,which the sketch meets. He explained that the gate is positioned at an existing curb cut, justifying the entrance location. To further prevent unauthorized vehicle access,Mr. Rowan suggested considering a 24-inch timber guardrail. He also noted that the drive becomes steep further along its path. • Mr. Mabon expressed approval of the project concept but emphasized the need for a finalized plan with defined setbacks and roadway dimensions. He suggested adjusting the emergency access road to remain entirely outside the 50-foot NBZ and proposed adding parking outside the NBZ on the upland side. 2025-02-26 Conservation Commission Minutes Page 5 of 8 • Mr. Rowan agreed that relocating the curb cut and reconstructing a portion of the sidewalk could keep the emergency road outside the 50-foot NBZ. However,he clarified that adding parking is not a priority, as the goal is to eliminate parking in the area. • Mr. Mustain opposed adding parking along the emergency access road. • Mr. McDonough supported moving the roadway outside the 50-foot NBZ and suggested adding fencing to prevent trash from entering the wetlands. • The Administrator acknowledged that trash management is an ongoing issue. • Ms. Valentino inquired about access to the existing detention system beneath the proposed turf field. • Mr. Rowan explained that the system consists of inspection ports, which will remain accessible by adjusting their height beneath the turf surface. While they will not be readily visible,they can still be accessed if needed. • Ms. Valentino stressed that the system should be regularly maintained and questioned if its burial under turf would hinder future inspections. She requested further consideration of alternatives. • Mr. Rowan noted that as part of the project,the contractor would be required to uncover, inspect, and clean the detention structure and outflow pipes before covering them again. • Ms. Valentino questioned whether the access roadway is considered impervious in stormwater calculations. • Mr. Rowan confirmed that the gravel area is treated as impervious in both existing and proposed conditions. • Ms. Valentino disagreed, stating that the existing area was not initially classified as impervious and should be considered new impervious surface. • The Administrator requested a narrative detailing the restoration plan for the gravel parking area, emphasizing the need to ensure proper restoration rather than simply covering the gravel with loam. • Mr. Rowan provided an update on the Notice of Intent(NOI) submission, stating that a draft response to the Administrator's and Commissioner Lynch's inquiries will be available by March 5th. This submission will include revised plans, specifications, and the final geotechnical report covering 18 borings. Third-party stormwater review comments were received on February 21 st,but responses will be provided in a later submission. Additionally, documentation on water quality and ecological impacts of synthetic turf fields will be included. This will consist of an EPA study on SBR crumb rubber completed in April 2024, along with two third-party toxicology reports addressing PFAS, general chemical content, and potential environmental impacts. • Mr. Mabon inquired whether the studies addressed crumb rubber migration. • Mr. Rowan confirmed that the EPA study covers this topic in one of the memorandums. • A motion to continue to March 12,2025 was made by Mr. McDonough, seconded by Mr. Mabon. • Vote 6-0,Unanimous. Documents 02-12-2025 Meeting Materials, 250220 1st SWeerReview NAHS, Gravel Parking, Driveway Exhibit PDF, NACC Questions, Request for Info #242-1906, Town of North Andover Mail-NAHS NOI-Review Comments_Questions Enforcement OrderlViolation 242-1878,30 Anne Road(Vidal) • The Administrator provided an overview of the Order of Conditions issued in May 2024,which governs the abandonment of an existing septic system and the construction of a forced main sewer connection. The project involves a duplex grinder pump pushing effluent through a 2-inch force main to an existing sewer manhole. The Order was issued and recorded,but pre-construction requirements were not met before work began.Upon discovering the house was on the market and unpermitted interior work, the Administrator reviewed aerial imagery, confirming sewer work had begun without prior notification to the Commission. The Administrator contacted the Applicant and engineer, notifying them of the violation. • Mr. Manzi inquired about a compliance action list. • The Administrator confirmed the Applicant must fulfill pre-construction requirements,post a performance bond, engage a third-party monitor, and verify proper installation/sleeving,particularly over the culvert as well as all other pre-construction conditions. 2025-02-26 Conservation Commission Minutes Page 6 of 8 • Mr. Manzi confirmed an as-built plan is required. • The Administrator recommended re-excavation for compliance verification, leading to an Enforcement Order. • Applicant Yonner Vidal and Penelope Valdez Mejia attended. Mr. Vidal stated they obtained permits and hired professionals but were unaware they needed to inform the Commission before starting. He assured the sewer connection was completed properly and obtained a Public Works permit. • Mr. Manzi noted a pre-construction meeting and Town-issued performance bond were required. • Ms. Valdez Mejia stated they paid the excavation company, assuming their engineer managed compliance. • Mr. Manzi clarified that as the Applicant,Mr. Vidal is legally responsible for meeting permit conditions. • Ms. Valdez Mejia acknowledged their lack of knowledge but stated they relied on professionals. • The Administrator confirmed the DPW permit was issued but the work was never inspected. A past email from Mr. Vidal confirmed he received and reviewed the Order but had not yet started work, contradicting later actions. • Mr. Manzi verified the sewer permit was issued, but DPW had not inspected the work. • Mr. Mahon suggested the project manager should confirm compliance with the Order. • The Administrator reviewed unmet pre-construction conditions and confirmed August 14,2024, as the verifiable construction start date based on aerial photo. She recommended fines and recording the Enforcement Order. • Mr. Manzi questioned its appropriateness and would not be in favor of fines or recording at this time. • Mr. McDonough suggested fines as motivation, holding them in abeyance if deadlines are met. He emphasized that despite relying on their engineer,the Applicant remains responsible. • Ms. Valdez Mejia acknowledged their misunderstanding and offered to post the performance bond the next day. • After discussion and review,the Commission determined that the sewer connection work was conducted in violation of the Order of Conditions. As a result, an Enforcement Order will be issued,requiring a written response from a professional engineer to address all pre-construction conditions and verify compliance with force main installation and their attendance at the next meeting. The Commission will consider assessing fines if compliance is not achieved. • A motion to issue an Enforcement Order as discussed was made by Mr. McDonough, seconded by Mr. Mustain. • Vote 6-0,Unanimous. Documents 30 Anne Road Aug. 2024 Aerial, 242-1878, 30 Anne Road OOC Recorded,Approved Plan 30 ANNE ROAD NORTHANDOVER NOI PLAN_Rev2 (1), Feb. 25, 2025 Entail- Violation of wetland permit at 30 Anne Road, May, June 2024 Email Correspondence with Yonner Vidal re00C, Misc Documentation Received 02 26 25 NA CC Meeting Enforcement OrderNiolation 135 North Ramp Road—30-Day Update • The Administrator stated that the airport issued an RFP for leasing the subject land, including the area where Dynamic Waste operates. Dynamic Waste responded and was awarded the lease.As part of their proposal, they agreed to assist with construction tasks outlined in the Order of Conditions and the Enforcement Order. They submitted a letter requesting an extension for tasks C5 and C6 until the April 23,2025,NACC meeting to allow time to finalize the lease and determine responsibilities. • Mr. Manzi confirmed that Dynamic Waste is requesting an amendment to the Enforcement Order and asked if adjusting the deadlines would cause any issues. • The Administrator stated that she sees no harm in granting the extension, noting that Dynamic Waste has been a reliable partner, actively involved throughout the process, and willing to assist with stabilization efforts. • Mr. Bohenek clarified that the extension would result in tasks C5 and C6 being completed simultaneously. • The Administrator agreed, explaining that the request letter grouped the tasks together. • Mr. McDonough expressed no objection but suggested that Dynamic Waste may have intended for task C6 to follow C5 by 30 days. 2025-02-26 Conservation Commission Minutes Page 7 of 8 • The Commission discussed the request and agreed to extend the deadlines for both tasks until April 23,2025. • A motion to amend the Enforcement Order as proposed was made by Mr. McDonough, seconded by Mr. Mabon. • Vote 5-1, (In Favor: White,McDonough, Mabon, Bohenek and Mustain,Abstained: Valentino). Documents 242-1787, 135 North Ramp Road- 2nd Amended EO Glass Erosion 0122 24, 2025.02.26 Verrill Dana LLP- Letter to NA CC re 135 North Ramp Road Adjournment • A motion to adjourn at 9:00 p.m. was made by Mr. McDonough, seconded by Mr. Mabon. • Vote 6-0,Unanimous. 2025-02-26 Conservation Commission Minutes Page 8 of 8