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HomeMy WebLinkAbout2025-04-09 Conservation Commission Minutes Approved 04/23/2025 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 April 09, 2025 Members Present: David F. White, Sean F. McDonough, Albert P. Manzi Jr., Chairman, John T. Mabon, Vice Chairman, Bradley S. Mustain, Matthew Bohenek, and Marissa Valentino Members Absent: n/a Staff Members Present: Amy Maxner, Conservation Administrator and Alexyss Langevin, Conservation Field Inspector and Planner Meeting came to Order at: 7:02 p.m. Quorum Present. Pledge of Allegiance Chair Albert Manzi Jr. Newly Revised 12th ed., §4:56 Acceptance of Minutes A motion to accept the minutes of March 26, 2025, as drafted was made by Mr. Mustain, seconded by Ms. Valentino. Vote 4-0-1, (In Favor: White, Mustain, Bohenek, Valentino, Abstained: Mabon). General/New/Old Business 660 Great Pond Road (Rolling Ridge) Eagle Scout Giving Garden Trellis Project (P. Minchala) 7:03 p.m., Mr. McDonough joins the meeting. Pratik Minchala presented his Eagle Scout project to construct an 8-foot raspberry trellis for the Giving Garden at Rolling Ridge Conference Center. The trellis will have two crossbars per post, eyebolts, and connecting wires, placed outside the 50-foot No Build Zone. The Giving Garden will plant the raspberries, and all produce is donated to local communities. Mr. Minchala provided a materials list, tools, and a detailed project model. ntation and model. They inquired about planting, materials, and assistance, with the Applicant confirming the Giving Garden will handle planting, materials will be sourced from Home Depot, and other scouts will assist under his leadership. The Administrator confirmed the project is within the Buffer Zone but does not require a waiver. A letter permit was recommended, documenting the presentation, confirming bylaw compliance, and noting any excess soil may be added to the garden. A motion to authorize the Administrator to draft a letter of approval was made by Mr. Mustain and seconded by Ms. Valentino. Vote 6-0, Unanimous. Documents Giving Garden Screenshot - Wetland measurements, Raspberry Trellis project, Trellis Exhibits, Trellis Project Description, Trellis Spec Sheet Image Certificate of Compliance 242-1853, 40 Candlestick Road (Mather) The Administrator stated the Order of Conditions (OOC) issued in October 2022 governed after-the-fact and proposed hardscape activities within the Buffer Zone to a Bordering Vegetated Wetland (BVW), along with required restoration plantings. The house, built in 1995 with a reduced No Build Zone (NBZ), is partially within the 50-foot NBZ, along with associated structures. The project engineer certified that a planned patio connection was not constructed and that 32 sq. ft. of patio pavers were removed. No other deviations were verified during a site visit. No outstanding issues remain, aside from removal of erosion controls, which the homeowner requires assistance to complete. The Administrator recommended issuing a full Certificate of Compliance (COC) to be held in abeyance until the erosion controls are removed. The Commission discussed whether to hold the COC or continue the request until the erosion controls are removed. Some Commissioners expressed concerns about setting a precedent by issuing a COC for an incomplete project, recommending continuation until removal is confirmed. Others were open to a short hold, suggesting a window of up to three weeks to accommodate potential weather delays. The Commission generally agreed that the COC should not be issued until the site is fully stabilized and erosion controls have been removed. A motion to continue to April 23, 2025, was made by Mr. McDonough, seconded by Mr. Mabon. Vote 6-0, Unanimous. Documents 40 Candlestick COC request, As-built Plan Candlestick, Summary of Findings & List of Activities governed by OOC #242-1853 Certificate of Compliance 242-953, 2 Clark Street - LMA (King Air Charters) The Administrator stated the Order of Conditions (OOC) issued in June 1999 governed the proposed construction of an airplane hangar, water, and utility connections. The work was never initiated, and the OOC has since expired. As part of a subsequent OOC issued to the Lawrence Municipal Airport (LMA), the applicant was required to address outstanding Orders, including this one. Staff verified in the field that no work was performed. The Administrator recommended issuing a Certificate of Compliance (COC) noting the Order has expired, no work was completed, and that any future work at the site would require a new application. A motion to issue a Certificate of Compliance was made by Mr. McDonough, seconded by Mr. White. Vote 5-0-1, (In Favor: White, McDonough, Mabon, Bohenek, Mustain, Recused: Valentino). Documents COC Request Materials 03 24 25 Request for Determination of Applicability 399 Summer Street (Hladky) The Administrator stated that the project involves rehabbing a rear porch, landing, stairs, and walkway. At the previous meeting, the Commission granted waivers for work within the 25-foot No Disturb Zone (NDZ) and 50-foot No Build Zone (NBZ) as the house was built in 1970. The remaining item additional wetland delineation along the southerly property line has been completed and accurately reflected on the plan. No other concerns were raised. The Administrator recommended closing the hearing and issuing a Negative #3 Determination with conditions requiring erosion controls, removal of compost material from the wetland, wetland markers installed along the edge of the lawn at 30-foot intervals, and pre- and post-construction inspections. Mr. Mabon recommended that the compost removal be specifically required as a pre-construction condition. A motion to close the hearing and issue the Negative Determination #3 with conditions as recommended and discussed was made by Mr. Mabon, seconded by Mr. McDonough. Vote 6-0, Unanimous. 2025-04-09 Conservation Commission Minutes Page 2 of 6 Documents 03-26-2025 Meeting Materials, 04-01-25 Revised Permit Plan 399 Summer Street Notice of Intent (NOI) 242-1906, 430 Osgood Street - NAHS (North Andover Public Schools) The Administrator reported that the third-party peer review for stormwater management has been completed, revisions, including an updated Operation & Maintenance (O&M) Plan, have been submitted. The Planning Board is expected to issue its decision on April 15th. The Administrator recommended continuing the hearing to April 23rd to maintain flexibility in the event additional matters arise. Kyle Rowan of Gale Associates appeared on behalf of the Town of North Andover and North Andover Public Schools to provide a project update. Since the March 12th meeting, when a Partial Certificate of Compliance was approved, Gale Associates has met with the Commission on February 12th, February 26th, March 12th, and April 9th, submitting three response packages dated February 25th, March 3rd, and March 17th. Key project updates include the installation of a 4-foot fence along the southeast side of the access drive to Walsh Stadium, a 6-inch composite board at the base of the baseball field fence to limit crumb rubber migration, enhanced O&M procedures for visual inspections, placement of permanent trash receptacles, and submission of historical catch basin maintenance records. Separately, Gale Associates met with the Planning Board four times, submitting a final response package on March 26th. Based on Planning Board feedback, additional improvements include the installation of crosswalk signage and no trespassing signs, and reconstruction of the 6-foot chain link fence along abutting properties northeast of the track. An emergency vehicle turnaround was also added at Walsh Field, positioned outside the 50-foot No Build Zone (NBZ) and fenced along its southeast side. Mr. Rowan identified three specific items from the Planning raised concerns about potential impacts. Mr. Rowan explained that the existing drainage system, consisting of catch basins connected to a drain manhole upstream of the wetland outfall, would require significant excavation to upgrade, offering minimal benefit relative to its impact. As the proposed project only involves minor modifications, including a relocated curb cut and new crosswalk markings, with no significant increase in impervious surface, Gale recommends no additional stormwater improvements. The existing unpermitted gravel parking area is being removed and restored to vegetation, thereby reducing impervious coverage. Although the condition of existing catch basins is unknown, Mr. Rowan agreed that it would be appropriate to confirm whether hooded deep-sump catch basins are present and to replace the downstream structure if necessary. No additional water quality structures are proposed. The second item addressed perimeter fencing up at the track. The proposal is to reconstruct the existing 6-foot chain link fence along the track, terminating at the 50-foot NBZ in accordance with Planning Board direction. While some abutters requested that the fence be extended further into the NBZ to deter trespass and provide visual screening, Mr. Rowan explained that the current fence alignment already encroaches into existing vegetation and potentially into wetland areas. He proposed including a note in the bid documents to replace the fence in-kind up to the 50-foot NBZ, with final placement confirmed on the as-built plan. Extension of the fence to the 25-foot No Disturb Zone (NDZ) could be considered, but would require clarification in the field as the existing survey is incomplete in that area. The tennis balls entering the resource area, Mr. Rowan stated that the existing 10-foot fencing meets industry standards. Increasing the height to 12 or 14 feet would require larger footings, more excavation, and added cost, with minimal benefit. He also noted that netting is not a viable alternative for tennis courts. The Commission discussed these items in detail. Commissioners Mustain, Valentino, Bonhenke, Mabon, provided the existing catch basins are confirmed to have hoods and deep sumps, and are replaced if found lacking. Mr. Mabon recommended naming the final manhole structure in the O&M Plan for clarity. Mr. McDonough expressed support for the proposed location of the emergency vehicle turnaround. 2025-04-09 Conservation Commission Minutes Page 3 of 6 Regarding fencing, Commissioners agreed that the fence should be replaced in-kind up to the 50-foot NBZ, with the final location confirmed by a sketched plan. Although extending the fence to the 25-foot NDZ was discussed, no final decision was reached. Mr. White noted that the NACC should, at some point, review its regulations and bylaws. Mr. Manzi responded that the Commission already has an established bylaw subcommittee and invited Commissioner White to join. He further noted that abutters have the right to install fencing on their own properties and questioned whether it is appropriate for the Commission to become involved in trespass issues that fall outside its jurisdiction. The Administrator offered to conduct a site visit and provide photographs at the next meeting. maintenance receipts would be necessary. Mr. Rowan confirmed that the draft Planning Board conditions require combining existing and new O&M Plans into a single document for the parcel, and this approach was verified by the Director of Planning. Ms. Valentino raised concerns about the maintenance of the subsurface detention system beneath the new turf field. Mr. Rowan explained that seams in the turf would be marked to locate inspection ports, and that required inspections would not void the turf warranty. He stated that the School Department would be responsible for maintenance, with inspections expected to occur in the summer. Commissioners Mustain, Valentino, and McDonough expressed concerns about long-term accountability, citing previous lapses in maintenance, the concealed nature of the stormwater system, and limited staffing. They emphasized the need for enforceable O&M provisions. Mr. Rowan confirmed that inspections would be permitted under typical warranties, although the turf vendor has not yet been selected. with the O&M Plan and conduct annual inspections, preferably during the summer. Mr. Rowan reviewed the outstanding items necessary to close the hearing, including final fencing details, catch basin information for Wayne Street, and the draft combined O&M Plan. Ms. Valentino requested that the O&M Plan be made available in advance of the next meeting. Mr. Rowan agreed to gather the necessary documents and provide additional details. Melinda Perone, 65 Meadowood Road expressed concern about adding additional artificial turf fields, citing existing maintenance challenges and staffing shortages. She referenced the 2025 Open Space and Recreation Plan, which advocates for reducing environmental impacts and expanding green infrastructure. Ms. Perone questioned whether the addition of more artificial turf fields aligns with these municipal goals, particularly with respect to Cochichewick Brook and the broader impacts of climate change. A motion to continue to April 23, 2025, was made by Mr. McDonough, seconded by Mr. Mabon. Vote 6-0, Unanimous. Documents 02-12-2025 Meeting Materials, 02-26-2025 Meeting Materials, 03-12-2025 Meeting Materials,250401_3rd_HW_SWPeerReview_final, 719560 2nd Conservation Response Submission 0317 25, 719560 NA Planning Board Response Submission 2025 0326, Public Comment FinNAHSSynTurfMar26_2025 Notice of Intent (NOI) 242-1907, Route 114 ROW from Waverly Road to Willow Street / Mill Road (MassDOT) ds Division and the 401 Water Quality Division. Many comments overlapped, though some differed from the 401 Division. Samuel Campbell of Greenman-Pederson, Inc. explained that GPI received memos from MassDEP on both the Notice of Intent (NOI) and the 401 Water Quality application and has submitted responses to both. He noted that while the majority of comments overlapped, there were a few unique to the 401 process. Campbell focused on key plan changes since the last meeting, rather than reviewing the full nine-page response memo. 2025-04-09 Conservation Commission Minutes Page 4 of 6 The first involved the SCM1 infiltration basin at the eastern project limit near Waverly Road, where the stone drainage channel downgradient of the outfall was relocated again based on a site visit with Conservation Staff and MassDEP in November 2024. Initially positioned too close to the bank, it was shifted to reduce erosion concerns, and after extending wetland flagging, a small BVW pocket was identified, leading to a significant tion remains the same, but the revised plan now calls for modified rock fill buried beneath native material and reseeded to naturalize, with exposed stone only at the immediate outfall. The area is expected to vegetate well, as flows will occur only when basin elevations exceed 40 feet elevation. The second change occurred on the Andover Bypass (Route 125), where a previously inundated area was revisited and re-surveyed, confirming the opposite stream bank and resulting in a minor adjustment of less than 10 sq ft from BVW impact to Land Under Water, now reflected in the plans and memo. Campbell also addressed three specific comments unique to the 401 application: (1) Comment #12 clarified a mislabeled maximum slope for modified rock fill shown as 2:1 but actually 1.5:1, which matches the impact calculations and will be corrected on the plans; (2) Comment #18 involved the proposed filling and relocation of two small drainage swales adjacent to the BP gas station, which historic plans show as drainage ditches predating the Wetlands Protection Act. These swales will be re-graded and shifted further onto the property, maintaining their current drainage function while improving site conditions and avoiding conversion to formal stormwater controls, as recommended by MassDEP. Stone check dams initially unintended detention of stormwater. He noted the likely need for additional discussions with MassDEP regarding the gas stati addressed construction staging and laydown areas, identifying four properties at Hillside Road and Route 114 slated for full takings and demolition as ideal locations, well outside Buffer Zones and wetland resource areas. 8:18 p.m., Mr. Manzi exited the meeting. Ms. Valentino asked about long-term management of the re-graded swale. Mr. Campbell confirmed that the intent is to let these areas naturalize using wet-tolerant seed mixes, with no mowing proposed. Larger swale segments without catch basins will function as intermittent streams, while smaller swales with inlets will receive routine catch basin maintenance. 8:20 p.m., Mr. Manzi rejoins the meeting. Mr. Mabon requested clarification on changes to jurisdictional areas. Mr. Campbell reviewed the plans, explaining that the shared-use path will partially fill the swales, with the impacted areas regraded, a centerline channel created, and the entire area reseeded. Remaining stream segments will maintain open-channel flow and connect through new pipes beneath the BP driveway, improving drainage and vegetation conditions. The Administrator inquired about the ownership of existing pipes beneath the BP driveway. Mr. Campbell respond original plans showed only a continuous ditch before the driveway installation. The existing pipes will be replaced as part of the project. The Administrator asked about further coordination with MassDEP. Mr. Campbell reported that revised materials were submitted and acknowledged by MassDEP, though formal agreement is still pending. He expressed hope to avoid appeals and noted that further coordination through the 401 process may occur, with updates to be provided to the Commission as needed. No abutters were present. A motion to continue to April 23, 2025, was made by Mr. McDonough, seconded by Mr. Mustain. Vote 6-0, Unanimous. Documents 02-12-2025 Meeting Materials, 401 WQ Rt. 114 Admin and Tech Def 2-28-25, 401 WQ_114_401_Tech_Deff_Response_Memo_20250407, 2021-02-25 Hydraulic Report Revised Signed 8-9- 2023, 608095_NOI_Plans_Rev_20250402, DEP Comments Rt. 114 NOI Corridor Improvements,MassDOT OM Plan and LTPPP - Revised 20250331, MassDOT OM Plan and LTPPP - Revised 20250331, Route_114_Comment_Response_Letter_to_DEP -20250402 2025-04-09 Conservation Commission Minutes Page 5 of 6 Enforcement Order/Violation 242-1878, 30 Anne Road (Vidal) The Administrator stated the Applicant has requested a continuance. A motion to continue to April 23, 2025, was made by Mr. McDonough, seconded by Mr. Mustain. Vote 6-0, Unanimous. Documents Email from alek@chongrisengineering.com requesting a continuance until 04/23/25 Enforcement Order/Violation 40 Flagship Drive (Antonelli) The Administrator stated that an Enforcement Order was previously recorded against the deed in the name of the former owner. Under MGL Chapter 131, Section 40 and the 2021 SJC case Norton v. Pesa 2021, the Commission has three years from the date of ownership transfer to take action against the new owner. She Mr. McDonough asked whether the new Enforcement Order would be recorded at the Registry of Deeds. The Administrator responded that she had not yet considered that and suggested the Commission discuss it. Mr. Manzi noted that although the previous Enforcement Order was recorded, it was not carried over during the foreclosure auction due to an oversight by the closing attorneys. He stated that the new owner may have believed the foreclosure wiped the slate clean, but the Commission does not agree with that interpretation. The Commission discussed amending the Enforcement Order. Mr. Manzi stated he asked the Administrator to prepare a package for him to bring to the shift commander at the North Andover Police Station. This would allow police to respond to unauthorized activity on the property, rather than having staff confront violators directly. Ms. Valentino noted that at the last meeting, the Commission questioned its jurisdiction. She requested that the specific section of the Wetlands Protection Act granting that authority be cited in the Enforcement Order. A motion to ratify the Enforcement Order as drafted and amended was made by Mr. McDonough, seconded by Mr. Mabon. Vote 6-0, Unanimous. Documents 03-26-2025 Meeting Materials, 09-13-24 Foreclosure Deed highlighted 40 Flagship, AMWS Newsletter 2022_115 Nov V2 - Franklin, Wood article on 3-yr enforcement window, EMail - April 9, 2025 North Andover Conservation Commission Agenda Adjournment A motion to adjourn at 8:36 p.m. was made by Mr. McDonough, seconded by Mr. Mustain. Vote 6-0, Unanimous. 2025-04-09 Conservation Commission Minutes Page 6 of 6