HomeMy WebLinkAbout2025-05-19 Conservation Commission Minutes
Approved 06/11/2025
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
May 19, 2025
Members Present: David F. White, Bradley S. Mustain, Sean F. McDonough, John T. Mabon, Vice Chairman,
Matthew Bohenek, and Marissa Valentino
Members Absent: Albert P. Manzi Jr., 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
Vice Chair John T. Mabon, serving as Acting Chair, will vote only in the event of a tie, in accordance with
Acceptance of Minutes
A motion to accept the minutes of April 23, 2025, as drafted was made by Mr. Mustain, seconded by Ms.
Valentino.
Vote 4-0, Unanimous.
General/New/Old Business
Save North Andover Wildlife SGAR Presentation Initial Discussion
7:03 p.m., Mr. Bohenek joins the meeting.
Carol Disney, a North Andover resident and member of Save North Andover Wildlife, presented to the
Conservation Commission about the harmful effects of Second-Generation Anticoagulant Rodenticides
kill rodents immediately. Instead, poisoned animals can live for up to 10 days, during which they become
easy prey for predators like hawks, owls, foxes, coyotes, and bald eaglesmany of which are then fatally
poisoned themselves. She cited a 2021 Tufts University study that found 100% of tested red-tailed hawks had
been exposed to rodenticides. She shared photos of three barred owls that died despite treatment and
from rodenticide exposure and a friend spotting a rabbit bleeding from the mouth. The group supports
Integrated Pest Management (IPM), which reduces rodent populations by sealing entry points, removing food
sources, and using targeted, non-toxic control methods when necessary. She acknowledged that while SGARs
are convenient for pest control companies to deploy, IPM is comparably effective according to professionals
like those at Banner Pest Control. She stressed that poisons disrupt natural rodent control by harming predator
populations, which can consume thousands of rodents over their lifetimes. During the discussion, Ms. Disney
initially noted that the Town does not currently use SGARs on municipal property, based on a conversation
she had with Facilities Management. However, she later stated that bait boxes were observed at multiple
municipal locations, including 32 around the High School, 15 around the preschool, and disguised bait boxes
at the Stevens Estate. This raised concerns about the potential use of SGARs despite earlier information. She
emphasized the importance of adopting an official policy to prevent their future use, regardless of leadership
changes. Similar bans have already been adopted in communities such as Lowell, Ipswich, Belmont,
Lexington, and Billerica. She noted that 82 communities in Massachusetts are now working on SGAR bans,
and a state bill (the Hawkins Bill) currently has about 62 legislative co-sponsors. However, because many
bills are introduced each session and not all pass, local action remains essential. The group is also leading an
education campaign and recently participated in the Sheep Shearing Festival. They also hosted a community
event at Stevens Memorial Library featuring Newhouse Wildlife Rescue. Ms. Disney provided additional
materials from Mass Audubon and a Woburn-based group that detail the risks of SGARs and best practices
for IPM.
During the discussion, Commission members asked about the effectiveness of IPM and possible opposition.
Ms. Disney said most opposition stems from convenience and the pest
effectiveness. The group is seeking a letter of support from the Commission before their June 2 presentation
to the Select Board.
The Commission requested case studies demonstrating successful IPM use and thanked Ms. Disney for her
presentation.
**The Commission briefly discussed this further at the end of the meeting (see below) and decided to hold off
on providing a support letter in favor of receiving more information.
Documents
IPM Pyramid 3.26.2025, Mass Audubon Rescue Raptors Brochure, Say No to Rodenticides Now - Business
Card, SNAW ConComm PP_4 3 25
Certificate of Compliance
242-1672, 492 Sutton Street (Lawrence Municipal Airport)
The Administrator stated the Applicant has requested a continuance since they are still waiting for the as-built
plan and the surveyor is backlogged.
A motion to continue to September 24, 2025, was made by Mr. McDonough, seconded by Mr. Mustain.
Vote 5-0, Unanimous.
Documents
Email from dom.zazzaro@stantec.com requesting a continuance until 09/24/25
Certificate of Compliance
242-1688, 30 Ironwood Road (Guinee)
The Administrator explained that the Order was issued in January 2017 and covered landscape and hardscape
improvements. It was modified in August 2017 to include driveway repaving within the existing footprint, a
slightly enlarged sidewalk with pavers, rear patio rehab with a low landscape wall and planting beds, and
front walkway replacement. All work was outside the 50-foot NBZ. The remaining erosion control fence has
been removed. The certifying engineer noted two deviations: an added planting area with a light post and
some variation in plantings. The site is stable and appears in compliance. She recommends issuing a full
Certificate of Compliance with the ongoing conditions outlined in the Order.
Mr. McDonough mentioned that silt fencing still appeared to be present.
The Administrator confirmed she received notice and photos today that the silt fence has been removed.
A motion to issue a full and final Certificate of Compliance was made by Mr. McDonough, seconded by Mr.
Mustain.
Vote 5-0, Unanimous.
Documents
Modification Plan, NOAIronwoodAsBuiltPlanApril2025, NOAIronwoodCoCFiling5-5-25
Small Project
NACC #344, 22-24 Saunders Street (Procopio)
The Administrator explained the project involves reducing the front landing from 63 ft to 52 ft, replacing a
the rear landing
requires new footings, to be dug by hand. The front landing will reuse the existing footings. All work is
outside the 50-foot NBZ associated with Sutton Pond and within previously disturbed paved areas. The
adjacent yard is flat, so erosion controls are not recommended. The Administrator recommended classifying
paved areas and that pre- and post-construction inspections be conducted.
2025-05-19 Conservation Commission Minutes Page 2 of 6
The homeowner was present.
Mr. Mustain expressed concern about the recommendation to omit erosion controls.
The Field Inspector explained the site is entirely flat with a concrete and retaining wall, and all work will
occur on paved surfaces. She saw no need for erosion controls, as runoff risk is minimal.
and seconded by Mr. Mustain.
Vote 5-0, Unanimous.
Documents
saunders front deck plans, Small Project Application with Supporting Materials 04 22 25
Small Project
NACC #93 - Renewal, 660 Great Pond Road (Giving Garden at Rolling Ridge)
The Administrator explained that the Giving Garden operates under a Small Project Permit, originally issued
several years ago. The Commission traditionally renews the permit annually following a report from the
volunteers. A recent site visit confirmed that the garden footprint remains unchanged. Ninety-five percent of
the produce is donated, and there are no concerns with continuing the permit.
Sixty percent went to Neighbors in Need; ten percent to Lazarus House; the remainder to the Rolling Ridge
kitchen.
Mr. White suggested considering a multi-year renewal.
Mr. Mabon expressed concern that longer renewal periods could reduce engagement and oversight. He
supports annual reviews to ensure the Commission remains informed and involved.
Ms. Strong said annual reporting is not a burden and is already part of their internal process. She confirmed
they do not regularly appear before other boards but are accustomed to submitting grant and progress reports.
After discussion, the Commission agreed to maintain annual reporting and move to permit renewals every two
years.
A motion to amend the current motion and renew the Small Project every 2-years with yearly reporting is
made by Mr. Mustain, seconded by Mr. McDonough.
Vote 4-0-1, (In Favor: White, Mustain, McDonough, Valentino, Opposed: Bohenek).
Documents
Soil Conservation Rpt March 2025
Request for Determination of Applicability
190 Farnum Street (Smirnov)
The Administrator explained that the Applicant proposes to construct a 336 sq. ft. rear deck outside the 50-
foot No Build Zone (NBZ) to the Bordering Vegetated Wetland (BVW). Although an earlier diagram showed
a larger deck, the final design remains within the allowed limits. A wetland evaluation was conducted by
Seekamp Environmental. Because the deck exceeds the 300 sq. ft. limit for a Small Project Permit, the filing
qualifies as a Request for Determination of Applicability (RDA). The rear yard is flat, so erosion controls are
not necessary. The Administrator recommends a Negative #3 Determination with conditions including a pre-
construction inspection with the contractor, footing spoils to be disposed of 50-ft from the wetland or
removed off site, post-construction inspection to confirm compliance.
The Applicant Sergey Smirnov noted there will be 12 footings, each 10 inches in diameter, and that a deck
previously existed on the property prior to him purchasing it. He also confirmed plans to repair and re-side the
existing shed.
The Administrator confirmed shed repairs are allowed, as this shed was previously reviewed by the NACC
under another application for the property.
No abutters were present.
A motion to close the hearing and issue the Negative Determination #3 with conditions as recommended and
discussed was made by Mr. McDonough, seconded by Mr. Mustain.
Vote 5-0, Unanimous.
2025-05-19 Conservation Commission Minutes Page 3 of 6
Documents
Deck Specs, RDA Application with Supporting Materials - 190 Farnum Street 05 01 25, Seekamp Wetland
Report
Request for Determination of Applicability
191 Granville Lane (Lynch)
The Administrator explained that the project involves replacing the leach field and distribution box. The
existing pump chambers and tanks will remain in place. Work includes removing the top 2.53 feet of the
existing leach field and replacing it with Title 5-washed stone, 4-inch PVC perforated pipe, and a new
distribution box. All work will occur in the front yard, with the wetland located behind the house. The closest
point of work is 72 feet from the wetland. A 12-inch mulch sock will be installed along the side yard for
erosion control. Excavation will stay 3 feet above the seasonal high groundwater table, so no dewatering is
expected. Materials will be removed and replaced daily, with no stockpiling on site. The project is approved
by the Board of Health.
The Applicant David Lynch noted that both Bateson and Gerard assessed the failing system. The new pipe-
and-stone design is expected to be more durable than the current infiltrator system, which lasted 20 years.
Bateson will perform the work.
Mr. Mabon confirmed erosion controls are included. The recommended conditions include no stockpiling of
materials, pre- and post-construction inspections, conservation Department review of any scope changes
No abutters were present.
A motion to close the hearing and issue the Negative Determination #3 with conditions as recommended and
discussed was made by Mr. McDonough, seconded by Mr. Bohenek.
Vote 5-0, Unanimous.
Documents
191 Granville Lane 05-16-25 Pics, 191 GRANVILLE LN._NORTH ANDOVER1 Site Plan, 191 GRANVILLE
LN._NORTH ANDOVER2 Details, 191 Granville RDA, Maps, Narrative, Pics
Request for Determination of Applicability
70-72 Farrwood Avenue, Heritage Green Condominiums (Building Restoration Services)
The Administrator explained the project involves demolishing existing rear balconies and replacing them with
code-compliant balconies, new egress stairs, and associated ADA-accessible sidewalk improvements. The
work occurs within the Buffer Zone to a Bordering Vegetated Wetland (BVW), including portions within the
50-foot No Build Zone (NBZ) and approximately 17 sq. ft. within the 25-foot No Disturb Zone (NDZ). A
waiver request was submitted for this limited encroachment. No work is proposed within the BVW itself, and
the impacted areas are currently lawn or paved sidewalk. A site inspection confirmed the wetland delineation
is accurate and that a nearby ponded area does not qualify as a vernal pool. Most of the wetland is off-site.
The Administrator discussed mitigation opportunities with the applicant, including removing trash observed
in the wetland and relocating a dumpster currently placed within the NDZ. She suggested understory native
plantings along a sparsely vegetated wetland edge behind the parking lot.
Jesse Aguilar of High Point Engineering noted the dumpster has since been moved fully onto pavement and
does not impede vehicle access. The applicant is amenable to removing trash and planting native vegetation as
mitigation. He explained that the sidewalk expansion is required to provide ADA-compliant access around the
structural footings of the new stairs. The new stairs will provide an additional means of emergency egress
ends to direct residents toward quicker points of safe evacuation, rather than centered locations.
Mr. Mabon asked if the ADA path could be shifted outside the 25-foot NDZ without affecting functionality.
Mr. Aguilar responded that ADA/AAB standards allow minor narrowing in constrained areas and they are
willing to explore reducing the width or adjusting placement to minimize intrusion into the NDZ.
Ms. Valentino questioned the ADA designation, given the path connects to stairs, and expressed concern
about increased runoff from additional pavement.
Mr. Aguilar stated any runoff impact would be minimal.
2025-05-19 Conservation Commission Minutes Page 4 of 6
Ms. Valentino disagreed and emphasized the need to evaluate alternatives more thoroughly.
Mr. McDonough questioned whether the project is appropriate for an RDA, citing its scale, waiver requests,
and potential stormwater concerns. He noted that similar or smaller residential projects are often reviewed
under a Notice of Intent (NOI).
Mr. Mustain agreed, stating this project should be reviewed through an NOI.
Mr. White acknowledged that much of the existing parking is already within the NDZ but agreed that
expansion should not be permitted without full review.
Mr. Mabon concluded the structure could likely be shifted out of the NDZ with a better alternatives analysis
and recommended the applicant revise the plan accordingly.
The Administrator noted there is a culverted stream onsite, and some trash has accumulated near the wetland
which was likely wind-blown, not dumped. She was unaware of the project prior to submission and agreed an
NOI may be more appropriate given the circumstances.
After due discussion the majority of Commissioners indicated that the proposal is too significant for an RDA
due to impacts within sensitive zones, ADA and fire code components, and the need for more robust
mitigation and alternatives analysis. They recommended the Applicant refile as a Notice of Intent (NOI).
No abutters were present.
A motion to close the hearing and issue the Positive Determination was made by Mr. McDonough, seconded
by Ms. Valentino.
Vote 5-0, Unanimous.
Documents
70-72 Farrwood Heritage Green Condo 05-15-25 pics, 2025-04-30 Heritage Green Balcony Replacement
Plans, Heritage Green Balcony Replacement RDA - Updated, Heritage Green_NDZ - NBZ -Waiver-
Request_2025-05-05
Notice of Intent (NOI)
242-1910, 575 Osgood Street (Edgewood Retirement Community)
The Administrator stated the Applicant has requested a continuance.
A motion to continue to May 28, 2025, was made by Mr. McDonough, seconded by Ms. Valentino.
Vote 5-0, Unanimous.
Documents
Email from bosgood@rangereng.com requesting a continuance until 05/28/25
Notice of Intent (NOI)
242-1911, Osgood Street & Great Pond Road Intersection Improvement (North Andover DPW)
The Administrator stated the Applicant has requested a continuance.
Mr. Mustain requested that the project engineer fix detail 2 om CS202.
A motion to continue to May 28, 2025, was made by Mr. McDonough, seconded by Ms. Valentino.
Vote 5-0, Unanimous.
Documents
Email from GHochmuth@epsilonassociates.com requesting a continuance until 05/28/25
Enforcement Order/Violation
74 Sherwood Drive (Davis & Duprey)
The Administrator stated the Applicant has requested a continuance.
A motion to continue to May 28, 2025, was made by Mr. McDonough, seconded by Mr. Mustain.
Vote 5-0, Unanimous.
Documents
Email from dgriecci@andoverconsultants.com requesting a continuance until 05/28/25
Enforcement Order/Violation
242-1878, 30 Anne Road (Vidal)
2025-05-19 Conservation Commission Minutes Page 5 of 6
The Administrator stated the homeowner requested a continuance. She noted the force main needed to be
sleeved, and during her site walk with the design engineer that work was being undertaken. Some cleanup was
needed, and wetland markers were still required. The engineer needed time to complete his survey for the
sleeve, and she has not yet returned to verify the work. She reiterated that the pipe was not sleeved as
originally required in the Order.
A motion to continue to May 28, 2025, was made by Mr. McDonough, seconded by Mr. White.
Vote 5-0, Unanimous.
Documents
Email from alek@chongrisengineering.com requesting a continuance until 05/28/25
Enforcement Order/Violation
242-1787, 135 North Ramp Road 30-Day Update
#33 of the Order of Conditions, which currently holds the contractor responsible for full compliance. The
Applicant has struggled to secure a contractor due to this requirement. At the last meeting, the Commission
was open to revising the language, and she has provided a draft for consideration, noting it would be used in
future Orders as well.
original language made the contractor indefinitely liable for all activity on the site. He added he would not
object if the City were made fully responsible from the start.
Mr. McDonough responded that many contractors perform poorly, leaving Applicants liable. The intent of the
change is to protect Applicants, who often end up unfairly burdened despite being the signatories.
The Commission reviewed the draft language.
A motion to Modify Condition #33 of the Order of Conditions as drafted and amended was made by Mr.
McDonough, seconded by Mr. Mustain.
Vote 4-0-1, (In Favor: White, Mustain, McDonough and Bohenek, Abstained: Valentino).
A motion to continue to July 23, 2025, was made by Mr. White, seconded by Mr. McDonough.
Vote 4-0-1, (In Favor: White, Mustain, McDonough and Bohenek, Abstained: Valentino).
Documents
02-26-2025 Meeting Materials, 04-23-2025 Meeting Materials, #242-1787 - Cond. #33 Revised Language
General/New/Old Business
Save North Andover Wildlife SGAR Presentation Continued
Mr. White noted that during the SGAR presentation, Ms. Disney stated bait boxes are not used on municipal
properties, but then said they are used in schools. Before supporting any letter, he wants clarity on where bait
boxes are actually being used. He clarified that while he opposes poison, he wants all the facts first.
Ms. Valentino said she saw multiple bait boxes at the High School recently.
The Administrator added that the High School experienced a severe mouse infestation over the winter.
Ms. Valentino also expressed concerns about increasing costs if pest control has already been budgeted and
alternative methods are more expensive.
Mr. Mabon said this was the first time they were hearing these details. He asked whether there are case
studies showing the recommended practices are effective, adding he would support the change if the practices
prove to work, but they need more information first.
Adjournment
A motion to adjourn at 8:24 p.m. was made by Mr. McDonough, seconded by Mr. Mustain.
Vote 5-0, Unanimous.
2025-05-19 Conservation Commission Minutes Page 6 of 6