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HomeMy WebLinkAbout2025-03-26 Conservation Commission Minutes Approved 04/09/2025 Albert P. Manzi Jr., Chair Bradley S. Mustain John T. Mabon, Vice Chair Marissa Valentino Sean F. McDonoughMatthew Bohenek David F. White Town of North Andover North Andover Conservation Commission North Andover Conservation Commission Meeting Minutes March 26, 2025 Members Present: David F. White, Albert P. Manzi Jr., Chairman, Bradley S. Mustain, Matthew Bohenek, and Marissa Valentino Members Absent: Sean F. McDonough and John T. Mabon, Vice Chairman, Staff Members Present: Amy Maxner, Conservation Administrator and Alexyss Langevin, Conservation Field Inspector and Planner Meeting came to Order at: 7:00 p.m. Quorum Present. Pledge of Allegiance Chair Albert Manzi Jr. will Newly Revised 12th ed., §4:56 Acceptance of Minutes A motion to accept the minutes of February 26, 2025, and March 12, 2025, as drafted was made by Mr. Mustain, seconded by Mr. White. Vote 4-0, Unanimous for February 26, 2025; 3-0-1 for March 12, 2025 (Abstained: Bohenek). 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 April 09, 2025, was made by Mr. Mustain, seconded by Ms. Valentino. Vote 4-0, Unanimous. Documents Email from h2srp12@gmail.com requesting a continuance until 04/09/25 Certificate of Compliance 242-1672, 492 Sutton Street (Lawrence Municipal Airport) The Administrator stated the Applicant has requested a continuance. A motion to continue to May 14, 2025, was made by Ms. Valentino, seconded by Mr. Mustain. Vote 4-0, Unanimous. Documents Email from dom.zazzaro@stantec.com requesting a continuance until 05/14/25 Notice of Intent (NOI) 242-1906, 430 Osgood Street - NAHS (North Andover Public Schools) The Administrator stated the Applicant has requested a continuance. A motion to continue to April 09, 2025, was made by Mr. Bohenek, seconded by Mr. Mustain. Vote 4-0, Unanimous. Documents Email from kfr@gainc.com requesting a continuance until 04/09/25 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 April 09, 2025, was made by Mr. White, seconded by Mr. Mustain. Vote 4-0, Unanimous. Documents Email from scampbell@gpinet.com requesting a continuance until 04/09/25 Request for Determination of Applicability 399 Summer Street (Hladky) The Administrator presented a project to replace an existing covered porch, landing, stairs, and brick walkway at the rear of a 1970-built house, maintaining the existing footprint. The new walkway will be concrete. The house lies mostly within the 50-foot No Build Zone and partially within the 25-foot No Disturb Zone, with a small section of the walkway encroaching into the 25-foot NDZ. Footings will be hand-dug, and minor lawn restoration will address tire ruts from prior tree removal. A waiver was submitted for the proposed work. extent on the southern side. A compost pile and landscape debris within the wetland must be removed. Additional wetland delineation is required, prompting a continuance to ensure accurate documentation. Ms. Valentino asked about alternative walkway layouts to avoid the 25-foot NDZ. Mr. Blaisdell (Williams & Sparages) said the applicant prefers the current footprint but is open to adjustments. Mr. Mustain supported the walkway as proposed but was not opposed to modifying it. No abutters were present. A motion to grant the waiver request as proposed was made by Mr. White, seconded by Mr. Mustain. Vote 4-0, Unanimous. A motion to continue to April 09, 2025, was made by Mr. Mustain, seconded by Ms. Valentino. Vote 4-0, Unanimous. Documents Permit Site Plan, 399 Summer, Request for Determination of Applicability - 399 Summer Street Notice of Intent (NOI) 242-1908, 46 Foster Street (Margolycz) Mr. Manzi recused himself due to a conflict of interest, and Mr. Mustain assumed the role of Chair. The Administrator noted that the project was opened at the previous meeting and was awaiting approval from the Board of Health, which has since been received. She recommended closing the hearing and issuing a No abutters were present. A motion to close and issue in 21 days was made by Ms. Valentino, seconded by Mr. Bohenek. Vote 4-0-1, (In Favor: White, Mustain, Bohenek, Valentino, Recused: Manzi). Documents 03-12-2025 Meeting Materials, BOH Approval Foster_Street_46_2025.03.21 Notice of Intent (NOI) 242-1909, 94 Morningside Lane (Staropoli) The Administrator stated the project includes a 1,420 sq. ft. addition at the rear northeast and northwest corners of the house. The layout was adjusted based on contractor input. A stone infiltration swale is proposed along the eastern lawn edge to manage roof runoff. Peter Blaisdell of Williams & Sparages explained the house was built in 1975. Although not an ADU, the addition supports multigenerational living. The design was made more compact, shifting forward and reducing rear expansion. The shed will remain, the family room will be repositioned, and the deck and porch will be converted to living space. No side walkway is proposed; access will be near the garage. The railroad 2025-03-26 Conservation Commission Minutes Page 2 of 7 tie retaining wall will be extended, and a new door added. A crushed stone swale is included for stormwater; no waivers were requested. Mr. Mustain confirmed the swale outfall is outside the 50-foot No Build Zone. Mr. Blaisdell added the swale acts as an infiltration trench and includes a design detail. Mr. White noted a paved driveway on a neighboring lot separates the work from the wetland. No abutters were present. The Administrator states that a draft decision is ready for approval. A motion to close and issue in 21 days was made by Mr. Mustain, seconded by Ms. Valentino. Vote 4-0, Unanimous. Documents 01-22-2025 Meeting Materials, 94 Morningside Revised March 18 2025, Memo regarding drainage Enforcement Order/Violation 80 Chestnut Street - EO Follow up The Administrator reported that the Enforcement Order was issued for unauthorized vegetation removal within the Buffer Zone to the 25-foot No Disturb Zone (NDZ). LEC submitted a BVW delineation, survey plot plan, and Restoration Plan. Conservation staff confirmed the wetland line and noted that wood chips in the NDZ must be removed for proper seeding. Historic debris (trash, concrete, metal posts) should be removed by hand, and two dead conifers in the Buffer Zone should be taken down for safety. The proposed pool is outside the Buffer Zone. A temporary snow fence may be used during construction, subject to Building Inspector approval to ensure that no pool work encroaches into the buffer zone. A Small Project Permit may be filed later for lawn restoration and permanent fencing. The Restoration Plan includes wetland/upland seed mixes and native plantings. The Administrator supports the plan but recommends repositioning conifers for better screening for the neighbor. She recommends amending the Enforcement Order to require: wetland markers, a planting deadline, oversight by a wetland scientist, two years of monitoring, removal of wood chips before seeding, and hand removal of debris. Contractor Steve Arsenault is present on behalf of the homeowner. A motion to amend the Enforcement Order was made by Mr. Mustain, seconded by Mr. White. Vote 4-0, Unanimous. Documents 01-22-2025 Meeting Materials, 80 Chestnut N Andover Conservation Plan 032025, 80 Chestnut North Andover Buffer and BVW 1-10 Enforcement Planting Plan 3-24-25-Planting Plan, 80 Chestnut Street - Enforcement Order 01 22 25, EMail - 80 Chestnut Street Restoration Plan, Ext. Req. Mail - 80 Chestnut Street North Andover Enforcement Order, N. Ferrara EMail - 80 Chestnut Street North Andover Enforcement Order Enforcement Order/Violation 242-1878, 30 Anne Road (Vidal) The Administrator reported that the Enforcement Order was issued due to non-compliance with the Order of Conditions for a sewer connection. The project engineer has re-engaged and submitted materials addressing pre-construction requirements. It remains unclear whether the force main was sleeved over the culvert as required. An interim as-built plan was submitted for verified elements, and the Administrator plans a site visit. A pea stone patio was also installed without a permit, requiring wetland delineation of the remaining area, as the original delineation covered only the sewer work. Any additional work will require a separate delineation. Aleksandr Chongris of Chongris Engineering and Penelope Valdez Mejia were present. Mr. Chongris stated he was not involved in construction, contributing to the non-compliance. A site walk was conducted, and an interim as-built prepared. He attempted to verify the sleeve installation with D&D Construction but found no conclusive documentation. One photo suggests a sleeve may exist, but excavation is needed to confirm. 2025-03-26 Conservation Commission Minutes Page 3 of 7 Mr. Manzi stated a pre-construction meeting with the Administrator is required before excavation. The wetland delineation should occur as soon as possible. The Administrator must be present during excavation to document the process. Mr. Chongris asked how the Commission would proceed if delineation shows the patio is outside the 100-foot Buffer Zone, noting it is made of crushed stone. Mr. Manzi stated that if the work is outside jurisdiction, it remains so unless future actions trigger jurisdiction. The Administrator emphasized that, if jurisdictional, the patio must be outside the 50-foot No-Build Zone. The Commission agreed to amend the Enforcement Order to require full site delineation and excavation to confirm the pipe sleeve. A motion to amend the Enforcement Order as recommended and discussed was made by Mr. Mustain, seconded by Mr. White. Vote 4-0, Unanimous. A motion to continue to April 09, 2025, was made by Mr. Mustain, seconded by Mr. Bohenek. Vote 4-0, Unanimous. Documents 02-26-2025 Meeting Materials, 23.166 30 Anne Road North Andover - Enforcement Order Letter, 23.166 30 Anne Road North Andover_AB031725, 242-1787, 30 Anne Road - Enforcement Order 02-26-25 Rev1, A. Chongris EMail - 30 Anne Road Update, EMail - Y. Vidal - Update on Project Status and Potential Absence for Upcoming Meeting Enforcement Order/Violation 20 Nutmeg Lane (Robbins/Antonelli) Mr. White recused himself due to a conflict of interest. The Administrator explained that the Enforcement Order followed the denial of a Certificate of Compliance due to non-compliant features. The Commission required a Restoration Plan for the 25-foot No Disturb Zone (NDZ), including: rip rap installation at the driveway drainage pipe, removal of fence sections, and a general planting plan. Norse Environmental and Merrimack Engineering prepared the plan, which includes removal of mulch and fabric from the NDZ, possible loam addition, and planting of twelve shrubs (three species) with a shady woodland seed mix. Crushed stone will be added to the drain outlet. The Administrator recommended amending the Enforcement Order to approve the Restoration Plan, require oversight by a wetland scientist, and implement a two year monitoring period with 75% shrub survivorship. Upon successful completion, the Enforcement Order may be lifted and the Certificate of Compliance reconsidered. Steven & Karen Robbins, former homeowners, were present. Mr. Mustain expressed concern that the retaining wall, meant to define the NDZ, now functions as a planter bed, potentially inviting foot traffic. He suggested installing a post with a wetland marker visible from the road to discourage pedestrian traffic into the 25-foot NDZ. Mr. Manzi referenced prior discussions about the fence, which had served as a barrier. With its removal, NDZ access is now a concern. The Administrator confirmed a deadline is in place and that the matter will return to a future agenda for updates. A motion to amend the Enforcement Order as recommended and discussed was made by Ms. Valentino, seconded by Mr. Mustain. Vote 3-0-1, (In Favor: Mustain, Bohenek, Valentino, Recused: White). Documents 242-1058, 20 Nutmeg Lane - Enforcement Order 02 12 25, Merrimack Eng Plan, Norse Restoration Plan 3- 12-25, Plan with planting locations, Robbins-Antonelli 20 Nutmeg Lane Enforcement Order Response Plan, Shady Woodland Seed Mix _ Prairie Moon Nursery Enforcement Order/Violation 74 Sherwood Drive (Davis & Duprey) 2025-03-26 Conservation Commission Minutes Page 4 of 7 The Administrator reported that a homeowner plans to install an inground pool. She coordinated with the pool contractor and engineer to ensure the pool and patio are located outside the 100-foot Buffer Zone. After confirming placement, she requested erosion controls to prevent accidental encroachment. During inspection, she observed tree removal within the Buffer Zone, approximately ~75-80-ft from the wetland on a steep slope. A violation letter was issued, and the pool permit sign-off was withheld. She recommended replanting to stabilize the slope and suggested the Commission require a Request for Determination of Applicability (RDA) with a planting plan. Mr. Manzi agreed the tree removal could be approvable but supported addressing it through an RDA with restoration using low-lying shrubs for stabilization. Ms. Valentino confirmed the site is currently stable and asked about an existing shed. Kirk Davis & Dena Duprey, the homeowners stated they plan to remove the shed due to rodents and may replace it with a small pool equipment structure. Trees were removed because they were leaning over a fence. The Administrator noted the shed is within the Buffer Zone and approximately 10 trees +/- were removed, one of which was rotted. Mr. Mustain expressed concern about erosion from decomposing roots and recommended replanting with deep-rooted vegetation and consulting an arborist for future removals. Mr. Manzi clarified that tree removal alone does not require a permit, but any additional work in the Buffer Zone does. He supported combining restoration and proposed work in a single filing. The Administrator noted erosion controls are not at the edge of the Buffer Zone and should be relocated in front of the shed. The pool contractor raised concerns about workspace, so the homeowners were advised to consult with their engineer on site logistics. Mr. Manzi advises the homeowners to think hard about how the pool project is designed and construction is undertaken. It could be non-jurisdictional if they plan correctly. The Commission agreed to issue an Enforcement Order requiring a restoration plan to stabilize the slope. A motion to issue an Enforcement Order as discussed was made by Mr. White, seconded by Mr. Bohenek. Vote 4-0, Unanimous. Documents 74 Sherwood Drive Tree Removal, 24_Sherwood_GIS_overlay-Plot_Tue_Dec_3_2024_16-42-08, Engineer_EMail_-_74_Sherwood_Pool_Plan_Tue_Dec_3_2024_16-42-19, 74 Sherwood - Violation Letter 03-21-25, Notice of Intent (NOI) 242-19xx, 575 Osgood Street (Edgewood Retirement Community) The Administrator provided an overview of the project at Edgewood Retirement Complex, which includes maintenance and upgrades to trails on the 101-acre property. Approximately 48-acres consist of wooded trails abutting Lake Cochichewick. The goal is to address erosion and drainage issues along trails leading to a canoe/kayak launch area. Trail improvements will include adding 12-inches of compacted ¾-inch crushed aggregate in steep areas, 3-inches in less eroded areas, and resurfacing the kayak launch with compacted crushed stone for more ADA-friendly access. No major excavation is planned aside from pipe installation. upstream wetland hydrology. Stream Crossings #2 & #3: Existing pipes will be removed, cleaned, and reinstalled with two pipes at each location. Dry-laid headwalls and riprap will be added for stabilization. Staff not meet criteria for an ephemeral pool. The Planning Director reviewed the proposal and found no concerns under the Watershed Protection District. Ben Osgood of Ranger Engineering explained the trails are historic fire trails with significant slope and erosion. He described a proposed cross-slope fill method using compacted aggregate to direct stormwater off the trail and into upgraded drainage infrastructure. The lower trail sections and boat launch area are especially degraded and will be resurfaced. 2025-03-26 Conservation Commission Minutes Page 5 of 7 Ms. Valentino questioned the long-term sustainability of the proposed method and suggested exploring more permanent stabilization options. She also raised concerns regarding compliance with stream crossing standards. Mr. Osgood acknowledged the trails are actively maintained but had not reviewed stream crossing standards. Ms. Valentino requested they evaluate their applicability and report back to the Commission. Mr. Mustain supported the review of stream crossing standards and requested an Operations & Maintenance Plan to address potential downstream migration of the aggregate. He also emphasized the need for an alternatives analysis for stormwater control measures that balance erosion mitigation with ADA accessibility. The Administrator and engineer reviewed potential stormwater entry points, concluding that the primary velocity build-up occurs further down the trail, not at the initial trailhead. A motion to continue to April 23, 2025, was made by Mr. Mustain, seconded by Ms. Valentino. Vote 4-0, Unanimous. Documents 2025-03-06 NOI APPLICATION, 2025-03-06_EDGEWOOD PLAN SET STAMPED, 2025-03- 24_EDGEWOOD PROGRESS SET, EMail - Edgewood NOI - Cons. Staff Review Comments_Questions, J. Enright EMail - Edgewood Enforcement Order/Violation Foster Street Oil Spill Status/Boom Material Removal The Administrator reported that the boom material was removed by the established deadline without the need for any equipment. The removal process caused hardly any disturbance at all, leaving little to no visible evidence of activity in the area. A motion to lift the Enforcement Order was made by Mr. Mustain, seconded by Mr. Bohenek. Vote 4-0, Unanimous. Documents 01-22-2025 Meeting Materials, 02-12-2025 Meeting Materials, 2025.3.21 Letter to Con Com Enforcement Order/Violation 40 Flagship Drive GTA Company, Inc./Gregory T. Antonelli The Administrator reviewed the history of 40 Flagship Drive (a non-jurisdictional site), originally permitted early 2021, major erosion issues occurred during heavy July rains, leading to sediment runoff into downstream wetlands. Enforcement Orders were issued for site stabilization and wetland restoration, with limited compliance obtained from the previous owner. The Enforcement Order was recorded against the deed, and fines were assessed. The property was foreclosed and later purchased by 140 Tremont Street, LLC (Gregory T. Antonelli) on September 13, 2024. On March 25, 2025, Conservation staff was alerted about unauthorized site work in violation of the February. The Administrator immediately contacted Mr. Antonelli, instructing him to stop work and attend the Commission meeting. Mr. Antonelli stated he was unaware of the recorded Cease and Desist Order and argued that such orders are not typically recorded on deeds. issues and anticipated ownership transfer. Mr. Antonelli acknowledged receiving a letter on January 13, 2025, from the Conservation Department, and his assistant had attempted to schedule a meeting. He expressed his intent to remove approximately 10,000 yards of soil and asked what was required to do so. The Commission explained that any work requires filing a Notice of Intent (NOI) and receiving an Order of e retaining a registered professional engineer, submitting a stormwater management plan, providing a cash bond (not surety), submitting the required checklist and adhering to submission deadlines 2025-03-26 Conservation Commission Minutes Page 6 of 7 The Administrator noted the site is out of compliance with its Planning Board Special Permit due to a revoked performance bond. Mr. Antonelli confirmed he will comply with the Cease and Desist Order. A for-sale sign on the property was acknowledged by Mr. Antonelli as being placed by a real estate broker friend; he stated the property is not for sale. Melinda Perone, 65 Meadowood Road expressed concern about neighborhood impacts and asked Mr. Mr. Manzi advised Mr. Antonelli not to conduct any work until appropriate permits are obtained. The Administrator will provide the necessary forms and checklists. No action required. Documents 01-13-25 NACC letter to G. Antonelli 40 Flagship, 03-25-25 Email - Stop Work, EMail Pina at GTA- 40 Flagship Drive, North Andover, Enforcement Order - 40 Flagship Drive 02 08 23 Recorded Decision 242-1908, 46 Foster Street (Margolycz) Mr. Manzi recused himself due to a conflict of interest, and Mr. Mustain assumed the role of Chair. The Administrator reviewed the draft Order of Conditions. The performance bond was set at $2,000. A motion to adopt the Order of Conditions as drafted was made by Ms. Valentino, seconded by Mr. Bohenek. Vote 4-0-1, (In Favor: White, Mustain, Bohenek, Valentino, Recused: Manzi). Decision 242-1909, 94 Morningside Drive (Staropoli) The Administrator reviewed the draft Order of Conditions. The performance bond was set at $4,000. A motion to adopt the Order of Conditions as drafted was made by Ms. Valentino, seconded by Mr. Mustain. Vote 4-0, Unanimous. Open Space & Recreation Plan Update Conservation Commission Comments Support Letter The Commission discusses the Open Space & Recreation Plan. A motion to authorize a letter of support for the Open Space & Recreation Plan and to allow the Chairman to sign the letter on behalf of the NACC was made by Mr. Mustain, seconded by Mr. Bohenek. Vote 4-0, Unanimous. Adjournment A motion to adjourn at 8:49 p.m. was made by Mr. Mustain, seconded by Mr. Bohenek. Vote 4-0, Unanimous. 2025-03-26 Conservation Commission Minutes Page 7 of 7