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HomeMy WebLinkAbout2025-05-28 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 28, 2025 Members Present: David F. White, Sean F. McDonough, Albert P. Manzi Jr., Chairman, Matthew Bohenek and Bradley S. Mustain Members Absent: John T. Mabon, Vice Chairman and Marissa Valentino 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 only cast a vote in the even Newly Revised 12th ed., §4:56 Acceptance of Minutes The minutes for May 19, 2025 are not ready for approval. Certificate of Compliance 242-1872, 2302-2307 Juniper Circle (Oakridge Village Maple Reserve Condo Assoc.) The Administrator explained that the September 2023 Order allowed for replacement and extension of a retaining wall at a 40B condo complex due to erosion and subsidence. The new wall was built largely in the same location, with minor deviations, slightly higher on the north end and set slightly farther from the wetland. A chain link fence was removed and reinstalled at the top of the wall. The site is now stable, erosion controls have been removed, and wetland markers are in place. Paul Bergman of Bergman & Associates is present on behalf of the Applicant. 7:02 p.m., Mr. McDonough joins the meeting. A motion to issue a full and final Certificate of Compliance was made by Mr. Mustain, seconded by Mr. White. Vote 3-0-1, (In Favor: White, Bohenek, Mustain, Abstained: McDonough). Documents 2381 Juniper CoC Package_May12, As-Built Plan Small Project NACC #346, 325 Abbott Street (Vorrasi) Bylaw, which covers other projects of similar scope and minimal impact, as determined by the Commission. The - an existing patio that will remain in place. The closest footing is 91 feet from the wetland. The wetland was delineated by Norse Environmental in July 2024 for a prior permitted deck project, and the flags remain in the field and are still considered accurate. Access will be through the southeast corner of the house off the driveway. One small ornamental tree outside the 100-foot Buffer Zone will be removed to allow access. A mini-excavator will dig the footings in one day; the rest of the construction will be completed by hand. Thomas Vorrasi, the homeowner, and his contractor were present. Mr. Mustain confirmed the previous Small Project permit on site has been closed out. Mr. McDonough confirmed the proposed addition will be a conditioned living space with central HVAC and questioned the project timeline. The contractor responded that it will take approximately five months, with 68 weeks of exterior work and the rest done inside via access through the front door. Mr. McDonough raised concerns that the project is too extensive for a Small Project permit, citing its a shed, which does not require five months of work. Mr. Manzi asked the Admin with minimal impact. Mr. White argued that since the project involves posts and footings and no full foundation, the ground disturbance is limited and may still qualify as a Small Project. Mr. McDonough stated that the addition is a permanent expansion of the home, significantly beyond what the Small Project Bylaw intended, and the Commission should require an RDA for appropriate oversight and documentation. Mr. Manzi noted that the addition creates new living space, further distinguishing it from structures like sheds or decks. Mr. White questioned the practical differences between a Small Project permit and an RDA. Mr. McDonough explained that an RDA requires more formal documentation and allows the Commission to impose conditions. The contractor clarified that most materials will be staged on the driveway, and interior crews (electric, HVAC, plaster, etc.) will enter through the front door. Mr. Manzi stated he would only vote in the event of a tie. by Mr. Mustain. Vote 3-0-2, (In Favor: McDonough, Mustain, Manzi, Opposed: White & Bohenek). Documents EMail - Project Logistics, Pics, Small Project Application with Supporting Materials 05 12 25 Request for Determination of Applicability (RDA) 83 Academy Road (Howell Custom Building Group) The Administrator explained that the project involves ongoing interior renovations to an 1852 detached carriage house. Work within the Buffer Zone includes replacing a deteriorating enclosed stairway on the north side, with a corner falling just inside the 50-foot NDZ, likely qualifying under grandfathering. The new stairway will have a 58-s.f. frost wall foundation. An electrical trench is also proposed, running from the northeast side of the stairway along the driveway shoulder to the street. The wetland flagging was reviewed and confirmed accurate. Erosion controls need to be installed closer to the work area, which can be conditioned and coordinated in the field. Mr. McDonough requested wetland markers be added due to the proximity of the work. 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 4-0, Unanimous. Documents 83 Academy - RDA Project Description Worksheet, 83 Academy - RDA Abutter Notification Form, 83 Academy - RDA Application Checklist SIGNED- Rev 12 19 22, 83 Academy - RDA Application Form Final, 83 Academy - RDA Fee Calculation Worksheet (1), 83 Academy - Wetlands report Andover Consult, 83 Academy Rd - RDA Riverfront Area Locus Map - USGS, Architectural - 83 Academy Rd_rda, Pics, Topo 83 Academy Rd_rda 2025-05-28 Conservation Commission Minutes Page 2 of 5 Request for Determination of Applicability (RDA) 203 Turnpike Street (Merrimack College) Mr. Manzi recused himself due to a conflict of interest. Mr. McDonough assumed the role of Chair. two recent Orders of Conditions for Merrimack College remain open. She explained that while the proposed drainage work supports new dorm construction at Merrimack College, most of it occurs off-site, within the street and across from the property. The work pipe running under the 203 Turnpike Street parking lot. This area falls under a MassDOT easement on private pipe, two manholes, and a catch basin. The final 25 -foot NDZ, though the area is paved. The wetland is in Andover, but the 100-foot Buffer Zone extends into North Andover. Work will be done in dry months, but emergency dewatering measures will be in place if needed as depicted on the plan. Jeff Koetteritz of VHB explained that the project has undergone Planning Board, Zoning Board, and stormwater peer review. As part of the MassDOT access permit process, a CCTV inspection identified pipe. Mr. Mustain noted concern that many projects end with a new manhole just before the 25-foot NDZ. He expressed interest in updating the bylaw to allow in-kind pipe replacements within the NDZ. Mr. McDonough agreed, stating the Commission would likely allow replacement if needed. Mr. Mustain pointed out that the opposite side of the project falls in Andover. Mr. McDonough questioned if Andover had reviewed the project. Mr. Koetteritz confirmed Andover has not reviewed it, as no work occurs within their jurisdiction. Mr. White asked whether an RDA is acceptable for in-kind replacement, referencing prior comments. Mr. McDonough deferred to the Administrator and experienced Commissioners on the appropriateness of using an RDA. The Administrator stated she discussed the project with Commissioners Mustain and Valentino. While some in the private sector view this as a minor exemption, she disagreed, noting the regulation excludes drainage She advised the engineer to include all needed contingencies on the plan to simplify conditioning. Dewatering remains the main concern. Mr. Koetteritz stated the project is scheduled for July/August, with flexibility for dry windows. MassDOT requires night work. The project should take 23 weeks. Work will start at the downstream end and move upstream. Pumps and filter bags will be onsite for unexpected groundwater or storm events. An infiltration trench outside the 100-foot Buffer Zone is planned for dewatering discharge. Mr. Mustain requested a filter bag requirement be added as a condition. He supported processing the project as an RDA rather than an NOI. No abutters were present. A motion to close the hearing and issue a Negative Determination #3, with conditions as discussed and amended, was made by Mr. Mustain and seconded by Mr. Bohenek. Vote 4-0-1, (In Favor: White, McDonough, Bohenek, Mustain, Abstained: Manzi). Documents Site Pics, _Transmittal - Maxner_RDA Filing \[2025-05-13\], 00_RDA Cover Letter \[2025-05-13\], 01_RDA Application Checklist, 02_RDA Plans, 03_Certified Abutters List, 04_RDA Abutter Notification Form, 05_RDA Riverfront Area Locus Map - USGS, 06_NHESP Map, 07_RDA Fee Calculation Worksheet, 08_WPA Form 1_Signed-REV, 09_Executed MassDOT Permit 4-2024-0163 Notice of Intent (NOI) 242-1910, 575 Osgood Street (Edgewood Retirement Community) Ben Osgood of Ranger Engineering stated that revised plans were submitted prior to the last meeting addressing all comments from the Commission and MassDEP. No new comments have been received from 2025-05-28 Conservation Commission Minutes Page 3 of 5 MassDEP. One DEP comment related to stream crossing standards for three culverts. After running a hydraulic analysis using HydroCAD, they found the existing pipes can handle the 10-year flow. As a result, the culverts will not be replaced but cleaned, with headwalls added on the uphill side and riprap below to prevent erosion. For a separate catch basin, which cannot meet stream crossing standards, they are proposing a new 12 inch culvert. To avoid draining the upstream ponding area, the rim of the catch basin will be set 6 inches above the bottom of the upstream catch basin. The Administrator identified minor corrections on the detail sheet, which have since been addressed. Mr. Mustain asked if MassDEP required all three culverts to meet stream crossing standards. standards. The HDPE culverts are in good shape and only need cleaning. A 6 inch clay pipe was found downstream but not upstream, likely causing the ponding. Mr. Manzi questioned if this could be an old agricultural tile. Mr. Osgood agreed and noted the pipe appears clogged, leading to ponding. They plan to install a structure slightly lower than the trail to allow water to rise without flowing over it, which currently causes trail washouts after storms. No abutters were present. A motion to close and issue in 21 days was made by Mr. McDonough, seconded by Mr. White. Vote 4-0, Unanimous. Documents 03-26-2025 Meeting Materials, 2025-05-07 DRAINAGE REPORT, 2025-05-07 EDGEWOOD TRAIL REPAIR corrected 5-27-25, Edgewood Trail Repair cover letter 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. A motion to continue to June 11, 2025, was made by Mr. Mustain, seconded by Mr. McDonough. Vote 4-0, Unanimous. Documents Email from GHochmuth@epsilonassociates.com requesting a continuance until 06/11/25 Enforcement Order/Violation 242-1878, 30 Anne Road (Vidal) The Administrator stated a continuance is required as she has not had time to verify the work. A motion to continue to June 11, 2025, was made by Mr. Mustain, seconded by Mr. Bohenek. Vote 4-0, Unanimous. Documents Email from alek@chongrisengineering.com requesting a continuance until 06/11/25 Enforcement Order/Violation 74 Sherwood Drive (Davis & Duprey) The Administrator explained this matter involves an Enforcement Order for unauthorized tree cutting. The Commission requested a Restoration Plan and clarification on the proposed pool project, including what falls within the 100-foot Buffer Zone. The narrative lists 10 trees with stump diameters of 6 inches or greater, although 14 stumps appear on the plan. Most were healthy and located behind the shed at the top of the slope. Maureen Herald of Norse Environmental stated the discrepancy is due to only documenting stumps 6 inches or larger. She confirmed 10 trees were cut and proposed planting 10 native shrubs (three species, 34 feet in wetland and confirmed the work occurred within the 100-foot Buffer Zone, despite initial assumptions it was outside jurisdiction due to the slope. The proposed layout includes a pool, patio, fence, and shrub restoration area. Ms. Herald requested initial feedback on the adequacy of the restoration and whether an RDA or NOI would be appropriate for the pool project. 2025-05-28 Conservation Commission Minutes Page 4 of 5 The Administrator recommended addressing restoration under the Enforcement Order and requested that a native seed mix be added to the plan. Ms. Herald noted fescue was originally proposed for stabilization but is open to a native seed mix, although it may establish more slowly. No erosion was observed on site. Stumps will remain, with plantings placed around them. Mr. Mustain raised concerns about slope stability following tree removal. Ms. Herald noted no evidence of erosion during her April 21st visit. The Administrator noted long-term concerns as tree roots decay and suggested adding more shrubs to fill potential gaps. Ms. Herald explained the homeowners believed they were outside the Buffer Zone when they cut the trees to allow more sunlight for the proposed pool. Mr. McDonough inquired about tree height and whether shrub replacement was adequate, given typical tree- for-tree expectations and erosion concerns. Ms. Herald noted some trees were sizable, including a 21-inch oak, estimating their height at 2030 feet. Mr. White recalled that the project was initially thought to be outside the Buffer Zone, but a site visit confirmed it was within jurisdiction. The Administrator emphasized that slope measurements are marginal either way. Mr. Manzi, referencing a similar situation at the airport, supported a shrub layer over tree replacement due to distance from the wetland and lack of erosion. The Administrator agreed, noting that tree replacement could cause unnecessary disturbance. The Commission discussed shrub quantity, with suggestions ranging from 10 at least, up to 20, and Ms. Herald confirmed they would follow whatever the Commission required. After further discussion, the NACC determined that a Restoration Plan is required to maintain slope stability due to the tree cutting. The Commission also agreed that the tree removal took place at a distance from the wetland that would have been permissible under a formal filing, and voted to issue an Enforcement Order with the following requirements: All work on site must remain halted, with no stump grinding or removal permitted. A Notice of Intent must be filed by July 9, 2025, covering all existing and proposed work related to the pool, patio, and any additional work within the 100-foot Buffer Zone. The filing must also include a native shrub Restoration Plan for the area of tree removal, specifying 10 to 20 native shrubs (as site conditions allow), along with a planting schedule detailing the size and quantity of each species. A motion to amend the Enforcement Order as discussed was made by Mr. McDonough, seconded by Mr. White. Vote 4-0, Unanimous. Documents 03-26-2025 Meeting Materials, 74 Sherwood Drive - Enforcement Order 03 26 25, 74 Sherwood Drive North Andover maps, 74 Sherwood-Pool Site, Norse restoration plan Adjournment A motion to adjourn at 8:13 p.m. was made by Mr. White, seconded by Mr. McDonough. Vote 4-0, Unanimous. 2025-05-28 Conservation Commission Minutes Page 5 of 5