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HomeMy WebLinkAbout2025-07-23 Conservation Commission Minutes Approved 0812712025 Albert P.Manzi Jr., Chair .• Bradley S. Mustain John T. Mabon, Vice Chair jj%lea Marissa Valentino Sean F. McDonough Matthew Bohenek David F. White Town of North Andover North Andover Conservation Commission July 23,2025 Members Present: Matthew Bohenek, David F.White,Albert P. Manzi Jr., Chairman,John T. Mabon,Vice Chairman, Bradley S. Mustain and Marissa Valentino Members Absent: Sean F. McDonough 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 event of a tie, in accordance with Robert's Rules of Order Newly Revised 12th ed.,§4:56 Acceptance of Minutes • The minutes for July 09, 2025 are not ready for approval. Certificate of Compliance 242-1784,Barker Street Culvert Replacement(North Andover DPW) • 7:03 p.m., Mr. Bohenekjoins the meeting. • The Administrator said the Order was issued in June 2020 for the replacement of a collapsed 24-inch pipe with a 4x4 box culvert,buried two feet into the stream bed. The work included wing walls,rip rap,relocation of a gas main,water line replacement,new guardrails, a beaver deceiver, and wetland replication. Work has been ongoing,with final adjustments made to the wetland area northeast of the outlet. That spot is now growing with native species. Drainage on Barker Street remains unchanged. Erosion controls have been removed and verified today. • Jamie Veillette of Apex Companies,LLC was present. • A motion to issue a full and final Certificate of Compliance was made by Mr. Mustain, seconded by Ms. Valentino. • Vote 5-0,Unanimous. Documents BarkerStCulvert CoC Small Project 165 Boston Street(C.P. Solutions,Inc) • The application was withdrawn by the Applicant prior to the meeting and was not heard. Modification 242-1885,416 Abbott Street(Ziej a) • The Administrator explained the existing Order covers after-the-fact approval for patio work, soil disturbance, and drainage, along with new work on the deck, stairs, and making part of the patio within the 50-foot NBZ more pervious. A planting plan was installed this spring between the old and new fences in the 25-foot NDZ and is doing well. The proposed Modification is for pool repairs only,replacing cracked coping and tile, and resurfacing the gunite. Water will be drained and refilled via truck. Materials will be removed by hand and hauled off-site. • Ms. Valentino asked if the fence work was to allow truck access to the backyard. • The Administrator confirmed that the fencing and planting were part of the original Order. The chain link fence was removed, a new fence was installed closer to the pool, and the lawn behind it was converted to a planted natural area. She suspects pool access will be through the driveway and a fence section. • Mr. White and Mr. Mustain both confirmed that the Modification is for repairs only, not new construction. • David Zieja,the Applicant stated they hope to begin work soon. Water trucks will access the driveway and connect to the pool via hose. • Mr. Mabon asked about the plantings. • The Administrator said she visited the site last week. The plantings look great, are being watered, and have drip irrigation on a timer. She noted that while the repairs are in-bind, managing the pool water is a key concern. She recommended a condition requiring the use of a water truck for both draining and refilling, with no on-site discharge. • A motion to approve the Modification as proposed and discussed was made by Mr. Mabon, seconded by Ms. Valentino. • Vote 5-0,Unanimous. Documents Zieja- 416 Abbott St-Modification to 242-1885 Request for Determination of Applicability 117 Cotuit Street(Coletti) • The Field Inspector and Planner explained the proposal is for an 18' x 52" above-ground saltwater pool and a 17' x 14' raised paver patio near the existing deck. All work will be done by hand, with materials stored in the driveway. A GFCI outlet will be installed by a licensed electrician.No dumpster is needed. All work is outside the 50-foot NBZ. She recommended closing the hearing and issuing a Negative#3 Determination with conditions: 75 feet of 8" straw wattle to be installed with staff guidance. Pre- and post-construction site visits.Any changes must be reviewed by Conservation. • Mr. Mabon questioned a fence near the intermittent stream,possibly within the 25-foot NDZ. • Mr. Coletti, the homeowner, said the fence is existing, about six years old, and sits above a steep drop-off. • Mr. Manzi noted the Commission has debated whether fences are structures and mentioned stone walls are sometimes required to define the NDZ. • The Administrator said the pool is 52 feet from the wetland, the fence 56 feet from the BVW at the rear,but the fence next to the stream may fall within the 25-foot NDZ. • Mr. White had no concerns about the fence. • Ms. Valentino noted the stream isn't listed on Mass GIS and questioned if it was just drainage. • The Field Inspector and Planner confirmed it's an intermittent stream,not Riverfront,with no BVW. • A motion to close the hearing and issue a Negative Determination#3,with conditions as recommended was made by Mr. White and seconded by Mr. Mustain. • Vote 5-0,Unanimous. Documents Aerial with measurements 117 Cotuit Pool, RDA Application with Supporting Materials 07 08 25 Amendment&Decision 242-1882,350 Winthrop Avenue(DSM Realty,Inc) • The Administrator noted that the Order,issued in March 2024, covers redevelopment of the Market Basket Plaza. The project includes storefront relocation,parking lot reconfiguration, improved stormwater management, traffic flow changes, and rear loading dock work including culvert scour protection. With Market Basket expected to open by late summer, crews prepping the southern parking lot for final paving discovered groundwater issues; seepage through pavement joints, sinkholes under parked equipment, and standing water. Groundwater levels were higher than anticipated. 2025-07-23 Conservation Commission Minutes Page 2 of 7 • Brian Dundon of R.J. O'Connell explained that the site likely has a perched water table. April and May saw over 10" of rain followed by a June heatwave, which may have softened the pavement. Equipment jacks punctured the 2.5"base course,revealing groundwater j ust below the surface. To address this,they propose a subdrain system in the southern lot: 6"perforated pipe and 18"crushed stone at 50-foot intervals. If northern lot soil conditions match,the system would be extended. The only viable outlet for the subdrain is to the unnamed perennial stream at the front of the site. Other options were ruled out due to elevation constraints. The discharge will include a flap valve to prevent backflow when the stream rises and riprap for scour protection. A second request concerns poor drainage at the bioretention area near the exit-only driveway, where water backs up during heavy rain. They propose minor regrading to create a grass channel directing flow to the riprap outlet. The Planning Board approved the changes, contingent on Conservation Commission approval to amend the existing Order. • Ms. Valentino asked if any work was proposed at the southern bioretention basin. • Mr. Dundon confirmed no changes there; only the northerly basin will be modified. • Ms. Valentino noted that the southern area doesn't seem stabilized. • Mr. Dundon said both basins were finished in December 2024 and recently re-graded,mucked out and seeded; stabilization is pending.No sediment discharge to the stream has been observed. • Mr. Mustain confirmed that the subdrain has no connection to surface runoff and asked that it be conditioned not to accept any. • Mr. Dundon described outlet controls: a concrete headwall with riprap along 10 linear feet of the streambank and extending to the streambed (shown on Sheet C9). The flap valve will be attached to the pipe collar with top hinges and open only when groundwater flows through. • Mr. Mabon raised concerns about valve failure and recommended adding inspection and maintenance of the flap valve to the O&M Plan. • Mr. Manzi asked for details on the waiver request. • Mr. Dundon explained it is for work in the No Disturb Zone (NDZ)to install the 6" subdrain discharge pipe into the streambank. Existing pavement in the NDZ was removed as part of the renovation. • Manzi questioned the point source discharge. • Mr. Dundon acknowledged it qualifies as one but emphasized it only handles groundwater(not untreated stormwater). Flow is expected to be low—at most, 0.5 CFS. Riprap will act as energy dissipation. • James Lamp of LT Development compared the subdrain to a foundation drain. Initial flow may be higher while groundwater lowers,but it's expected to be a trickle thereafter. He confirmed that groundwater currently flows to the stream under the lot but too close to the pavement to allow proper compaction. • Ms. Valentino requested a condition requiring fabric around subdrain stone to prevent sediment from reaching the stream. • Mr. Lamp explained that due to high clay content,fabric may clog over time. The contractor recommends using smaller(/8") stone instead of 3/4"with fabric. • Mr. Mustain agreed fabric should be required. • The Administrator confirmed the original design included 3/4"stone and fabric. • A motion to grant the waiver as requested and discussed (O&M Plan)was made by Mr. Mabon, seconded by Mr. Bohenek. • Vote: 5-0,unanimous. • Conditions to include: Add fabric around trench stone (bottom and sides, 140N),include flap valve maintenance in the O&M Plan, and confirm the drain won't accept surface runoff. • Mr. Mustain noted 3/4" stone would be acceptable if used with fabric. • No abutters were present. • A motion to approve the Amended Order of Conditions as drafted and amended is made by Ms. Valentino, seconded by Mr. Mustain. (Hearing closed) • Vote 5-0,Unanimous. Documents 2025-07-02- NDZ-NBZ-Waiver-Request-Worksheet-Updated-June 2021, 2025-07-07-North Andover Certified List of Abutters, 2025-07-08- City of Lawrence Certified List of Abutters, 2025-07-09-Abutter 2025-07-23 Conservation Commission Minutes Page 3 of 7 Not fication Letter, 2025-07-09-Amend Order of Conditions Application Checklist, 2025-07-09-Dwg C-2.1 Parking Lot Underdrain Piping Plan, 2025-07-09-Dwg C-9 Miscellaneous Details U 2025-07-09-Maxner &Enright Narrative to Amend Approve Site Plans, 2025-07-I8-Dwg C-2.1 -Parking Lot Underdrain Piping Plan, 2025-07-18-Dwg C-9-Miscellaneous Details V, J. Bernardo EMall-Minor Revision to Pavement Subdrain Design, North Andover EMall-Minor Revision to Pavement Subdrain Design] Notice of Intent(NOI) 242-1912,430 Osgood Street-NAHS (Town of North Andover/DPW) • The Administrator noted that at the last meeting, a key concern was excavated soil management. The Town Engineer met onsite with the contractor earlier today to review proposed methods and stockpile areas. An updated plan shows stockpiling will occur outside the 50-foot NBZ, on a protective cover with wetland mats or plywood over turf and erosion control berms around the area. Construction access will be from Chickering Road. A midsize excavator is expected for the work. Additional mats will be used to reduce turf disturbance and distribute equipment loads. • Jamie Veillette of Apex Companies explained that liner installation will be done manually. A winch on a dolly will be used to pull the liner through the pipe,with no heavy equipment beyond the 25-foot NDZ. The remaining liner will be cut at the outfall. • The Administrator confirmed that excavation will occur in the turf area beyond the 50-foot NBZ,with manual work and dolly use at the base. • Mr. Mabon clarified that the waiver pertains only to the bottom of the 30"pipe where it discharges. • Ms. Veillette added that erosion controls are a precaution during liner installation. • A motion to approve the waiver request as proposed was made by Mr. White, seconded by Mr. Mabon • Vote 5-0,Unanimous. • A motion to close and issue in 21 days was made by Mr. White, seconded by Mr. Mabon. • Vote 5-0,Unanimous. Documents 07-09-2025 Meeting Materials, Sheet C-1 07-23-25 REVISIONS, Town o f North Andover Mail-NAHS Pipe Repair NOI-supplemental info Notice of Intent(NOI) NACC#347,Dale Street,Winter Street(Trinity Home Builders,LLC) • The Administrator reminded the Commission that this project involves construction of a single-family home. Work within the Buffer Zone includes removing a gravel driveway next to an isolated wetland and restoring that footprint. A new driveway is proposed outside the 50-foot No Build Zone (NBZ), connecting the existing garage to the house and septic system, which are located outside the Buffer Zone. Associated grading remains within the Buffer Zone to the isolated wetland. An additional offsite wetland across Winter Street was identified and flagged,with its Buffer Zone projecting onto the front of the site. However, the limit of work stays outside this area. The engineer revised the plan to confirm that runoff from the driveway will not drain into Winter Street. Snow storage areas and an infiltration trench are noted on the plan. A replanting plan for the gravel driveway area has been provided. Erosion controls have been tightened, and silt sacks are included in catch basins on Winter Street. An impervious surface summary(existing vs. proposed)was submitted. Total land disturbance is under one acre, so a SWPPP and land disturbance permit are not required. The driveway was narrowed in some areas to reduce pavement. Removal of the existing gravel and restoration within the 25-foot NDZ requires a waiver. • A motion to grant the waiver for removing the existing gravel driveway and restoring the area with native plantings within the 25-foot No Disturb Zone(NDZ)was made by Mr. White, seconded by Mr. Mustain. • Vote 5-0,Unanimous. • Jack Sullivan of Sullivan Engineering noted that concerns about driveway runoff into Winter Street have been addressed. Spot grades show water will not flow back toward the road. Mr. Sullivan requested a continuance, explaining that NHESP sent a letter yesterday requesting a Turtle Protection Plan (TPP). He wants to speak 2025-07-23 Conservation Commission Minutes Page 4 of 7 with the Applicant and NHESP before closing the hearing. He's also awaiting feedback from the Board of Health on the septic design, which is outside the 100-foot Buffer Zone. • Mr. White asked about the offsite wetland mentioned during public comment at the last meeting. • Mr. Sullivan responded that the team went back, identified a C Series wetland across the street, and flagged it. Norse Environmental flagged the wetland, and the buffers are now shown on the plan. • No abutters were present. • The Administrator noted a letter was received from abutter Ron Ford on behalf of himself and others, along with several online comments. They ask the Commission to deny development and consider turning the property into a recreation area. • Mr. Manzi confirmed the land is privately owned. • Mr. Bohenek, a new Commissioner, acknowledged the input from abutters and said he appreciated both the written and in-person feedback. He noted the Commission is limited in what it can consider under its jurisdiction but found the input valuable. • A motion to continue to August 13, 2025,was made by Mr. White, seconded by Mr. Mabon. • Vote 5-0,Unanimous. Documents 07-09-2025 Meeting Materials, 0 Winter Street—Planting Plan_07172025, 0 Winter Street Site Plan_07152025, Conservation Wildlife Seedmix, Norse restoration plan (1), Town of North Andover Mail- Fwd_ 0 Winter Street, NA - Updated Plan Set for upload+summary, Town ofNorth Andover Mail- Online Form Submittal Contact the Conservation Department 0715 25 Enforcement OrderlViolation 242-1787, 135 North Ramp Road—30 Day Update • The Administrator stated the Applicant has requested a continuance. • A motion to continue to August 27, 2025,was made by Mr. Mustain, seconded by Mr. Mabon. • Vote 4-0-1, (In Favor: Bohenek,White,Mabon, and Mustain,Abstained: Valentino). Documents Email from TMouten ityoflawrence.com requesting a continuance until 08127125 Enforcement Order/Violation 242-1878,30 Anne Road(Vidal) • The Administrator stated the Applicant has requested a continuance. • A motion to continue to August 13, 2025,was made by Mr. Mabon, seconded by Mr. Bohenek. • Vote 5-0,Unanimous. Documents Email from alek archon isengineering.com requesting a continuance until 08113125 Enforcement Order/Violation 74 Sherwood Drive(Davis &Duprey) • The Administrator explained that since the Commission will be issuing an Order of Conditions tonight for the pool project and slope replanting, that Order will replace the existing Enforcement Order. The Commission can vote to lift the Enforcement Order and allow the Order of Conditions to take effect. • A motion to lift the Enforcement Order was made by Mr. Mustain, seconded by Mr.White. • Vote 5-0,Unanimous. Documents 03-26-2025 Meeting Materials, 05-08-2025 Meeting Materials General/New/Old Business 242-1906,430 Osgood Street-NAHS (North Andover Public Schools)—Performance Bond 2025-07-23 Conservation Commission Minutes Page 5 of 7 • The Administrator reminded the Commission that the Order of Conditions for the synthetic turf and tennis court project was issued in April 2025,requiring a$50,000 cash performance bond from the contractor. However, since the bid package went out in March,this requirement was not included. • Assistant Town Manager Laurie Burzlaff,the project manager,requested that the Commission accept the $1.8 million surety bond already in place for the project instead of requiring a separate $50,000 cash bond. She noted that because the Town is both the Applicant and project funder,requiring a cash bond would effectively mean the Town is paying itself. Payments are being made on a progress basis, and she is responsible for withholding payment if work is incomplete. • Mr. Manzi expressed concern, explaining that while he understands the rationale, cash bonds have historically offered the Town the most security. Surety bonds are complex, can expire, and may require legal action to enforce. He noted that if the contractor fails or subcontracts work, coverage under a surety bond may be limited. He emphasized that this is a private contractor doing the work,not Town staff. • Ms. Burzlaff reiterated that since the Town holds project funds and only pays for completed work,the performance is already safeguarded. She argued that requiring a separate $50,000 cash bond from Town funds doesn't offer added protection and instead reduces the contingency available for other project needs. • Mr. Mustain and Ms. Valentino supported the request,calling the accounting move unnecessary at this point given the timeline and oversight in place. • Mr. Mustain noted this was a"missed opportunity"to include the bond in the bid and supports requiring it in future projects. • Mr. Mabon expressed concern over relying on a surety bond, citing past issues with hidden site defects and the need for immediate action. He emphasized the practical value of cash bonds, especially in protecting wetland resources. • Mr. White questioned the policy of requiring performance bonds for municipal projects at all,noting that Conservation Commission authority comes from the Town's bylaws. He said that while bonds make sense for private applicants,requiring the Town to post a bond to itself seems unnecessarily complicated and may warrant a broader policy review. • Ms. Valentino noted the fast-tracked nature of this project as a unique case. • The Administrator added that typically the bond requirement is included in the bid for other Town projects like DPW. • A motion to accept the $1.8 million surety bond in lieu of the $50,000 cash performance bond was made by Ms. Valentino, seconded by Mr. Mustain. • Vote 4-1, (In Favor: Bohenek,White,Mustain and Valentino, Opposed: Mabon). Documents 242-1906, 430 Osgood Street-NAHS Field Project OOC, NAHS Field Project Surety Bond(1) Decision 242-1913, 74 Sherwood Drive(Davis-Duprey Nominee Trust) • 8:50 p.m., Mr. Manzi leaves the meeting. The Administrator reviewed the draft Order of Conditions. • 8:52 p.m., Mr. Manzi rejoins the meeting. • Wetland markers will be required on posts at the rear property line. The restoration planting must be completed no later than September 30,2025. • A motion to adopt the Order of Conditions as drafted and amended was made by Mr. Mustain, seconded by Mr. Mabon. • Vote 5-0,Unanimous. Decision 242-1912,430 Osgood Street—NAHS (Town of North Andover/DPW) • The Administrator reviewed the draft Order of Conditions. • A $2,000 performance bond will be required. • A motion to adopt the Order of Conditions as drafted was made by Mr. Mustain, seconded by Mr. Mabon. 2025-07-23 Conservation Commission Minutes Page 6 of 7 • Vote 5-0,Unanimous. Adjournment • A motion to adjourn at 9:05 p.m. was made by Mr. Bohenek, seconded by Mr. White. • Vote 5-0,Unanimous. 2025-07-23 Conservation Commission Minutes Page 7 of 7