The URL can be used to link to this page

Home My WebLink About2025-08-27 Conservation Commission Minutes Approved 0911012025 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 August 27,2025 Members Present: Matthew Bohenek, Sean F. McDonough,Albert P. Manzi Jr., Chairman, John T. Mabon, Vice Chairman, Marissa Valentino, David F. White, and Bradley S. Mustain Members Absent: n/a Staff Members Present: 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 • A motion to accept the minutes of July 09, 2025, and July 23, 2025, as drafted was made by Mr. Mustain, seconded by Ms. Valentino. • Vote 5-0,Unanimous. Certificate of Compliance 242-1846, 57 Hewitt Avenue(Ryan) • The Field Inspector and Planner reported the Order of Conditions issued in June 2022 governed demolition of a detached garage, deck, and stairs; construction of a larger attached garage with upper living space; addition of a three-season porch; demolition of the rear patio and walkway; and installation of a pool,patio,wall, steps, and landing,with rain barrels for roof runoff. Work is complete, erosion controls removed, and wetland markers installed. The pool patio is 50.4 feet from the BVW. All other work built as approved. • A motion to issue a full and final Certificate of Compliance was made by Mr. Mustain, seconded by Mr. White. • Vote 5-0,Unanimous. Documents 57 Hewitt Ave_As-Built Plan, 57 Hewitt Ave—Certificate of Compliance Checklist 10 28 21, 57 Hewitt Ave—NA CC Cover Letter, 57 Hewitt Ave WPA Form 8A, EC removal 2, EC Removal 3, EC Removal Pic I Certificate of Compliance 242-1878,30 Anne Road (Vidal) • The Field Inspector and Planner stated the Applicant has requested a continuance. • A motion to continue to September 10, 2025,was made by Mr. White, seconded by Mr. Mustain. • Vote 5-0,Unanimous. Documents Email malek�chongrisenoineering corn requesting a continuance until 09110125 Notice of intent(NOI) NACC#347,Dale Street,Winter Street(Trinity Home Builders,LLQ The Field Inspector and Planner stated the Applicant has requested a continuance. • A motion to continue to September 10,2025,was made by Mr. White, seconded by Mr. Mustain. • Vote 5-0, Unanimous. Documents Email from lacksull53(c�comcast,net requesting a continuance until 09/10/25 Enforcement Order/Violation 488 Pleasant Street(Borke/Brecher) • The Field Inspector and Planner stated the Applicant has requested a continuance. • A motion to continue to September 10,2025,was made by Mr. White, seconded by Mr. Mustain. • Vote 5-0, Unanimous. Documents Email from jerr�brecher email.coin requesting a continuance until 09110125 Enforcement Order/Violation 242-1878,30 Anne Road(Vidal) • The Field Inspector and Planner stated the Applicant has requested a continuance. • A motion to continue to September 10,2025,was made by Mr. White, seconded by Mr. Mustain • Vote 5-0,Unanimous. Documents Email maCeka�chon isisen eei neering.com requesting a continuance until 09110125 Enforcement Order/Violation 242-829,Holt Road Landfill—MassDEP • The Field Inspector and Planner stated the Applicant has requested a continuance. • A motion to continue to November 12, 2025, was made by Mr. White, seconded by Mr. Mabon. • Vote 5-0,Unanimous. Documents Email from vandorene c cdmsmith.com requesting a continuance until 11112125 Certificate of Compliance 242-1830, 1101 Turnpike Street(Mass Electric Company) • The Field Inspector and Planner reported the Order of Conditions issued in December 2021 governed construction of a pole barn within the parking lot at National Grid, 1101 Turnpike Street. Work was within the 100-foot Buffer Zone to BVW and the outer limits of the 200-foot Riverfront Area to an unnamed tributary of Boston Brook. The structure is 55 feet from the BVW at its closest point.Fewer footings were needed than originally proposed,requiring only limited asphalt removal. A stone infiltration trench was installed to capture roof runoff. All work is complete and in compliance with the approved plan. The infiltration trench is functioning, erosion controls have been removed, and wetland markers installed. No issues of concern. • A motion to issue a full and final Certificate of Compliance was made by Mr. Mustain, seconded by Mr. Bohenek. • Vote 5-0,Unanimous. Documents Wetland Report- 30 Anne Road, North Andover-Rev 4-07-25, RCoC-I101 Turnpike Street, North Andover -Reduced Certificate of Compliance 242-1908,46 Foster Street(Margolycz) • Mr. Manzi recused himself due to a conflict of interest, and Mr. Mabon assumed the role of Chair. • The Field Inspector and Planner reported that an Order of Conditions was issued in April 2025 for the replacement of a 1,500-gallon septic tank, D-box, and stone leaching field. The BVW is located on an 2025-08-27 Conservation Commission Minutes Page 2 of 8 abutting property to the north and east,but access for delineation was not granted. Conservation Staff walked the site to determine the wetland boundary. Most work occurred within the 100-foot Buffer Zone and outside the 50-foot NBZ. All work is complete and in compliance with the approved plan. Erosion controls have been removed,no concerns were noted, and the Board of Health has issued a COC. • A motion to issue a full and final Certificate of Compliance was made by Mr. Mustain, seconded by Ms. Valentino. • Vote 5-0-1, (In Favor: Bohenek,Mabon,Valentino,White, Mustain,Recused: Manzi). Documents 46 Foster As Built Plan, 46 Foster WPA Form 8A Request for Modification 242-1905, 155 Christian Way(Kilcoyne) • The Field Inspector and Planner stated this is a modification to the Order of Conditions that was issued in January 2025 which governed the construction of an inground pool, associated concrete patio with perimeter stone infiltration trench,perimeter fencing, demolition of expansion of existing rear deck with all work taking place outside of the 50-foot NBZ. The modification involves changing the existing concrete patio to a paver patio and adding a 22 x 22 foot paver patio to expand from the pool to the slider doors beneath the deck and a 22 inch sitting wall. The patio has not been constructed but the contractors have installed the gravel base in preparation. The new plan is marked in red on the original plan. The patio extension is outside of the 50-foot NBZ. She recommends issuing a modification granting approval for the work. • Brendon Kilcoyne,the Applicant was present. • Mr. Mustain questioned if they are placing pavers outside of the limits of where they had previously placed the patio or if they are just exchanging materials. • The Field Inspector and Planner stated they are switching materials but it is within the same limits and they are also adding an area from the pool patio to the sliding door underneath the deck. The work is not moving closer to the wetland. • A motion to approve the Modification as proposed was made by Mr. Mustain, seconded by Mr. White. • Vote 5-0,Unanimous. Documents Application checklist-Request for Modification, Modification Letter, Plan red-lined Modification Request for Determination of Applicability 32 Ashland Street(Vailante) • The Field Inspector and Planner stated the project involves reconfiguring and expanding the driveway from 1,884 sq. ft. to 3,338 sq. ft. with a 2x2 ft. stone infiltration trench along the new driveway. Work is 178 ft. from the Merrimack River, extending 22 ft. into the Riverfront Area. Most work is outside jurisdiction and no other wetland resources are on site. The recommendation is to close the hearing and issue a Negative Determination with conditions: install erosion controls,hold a pre-construction meeting with staff, homeowner, and contractor, conduct a post-construction inspection, and remove erosion controls once the site is stable. • Ms. Valentino questioned if the property is located within the Watershed Protection Zone. • Mr. Mabon stated the property is well outside the Watershed Protection Zone. • Mr. Manzi took issue with specifying 8-inch straw wattles, suggesting the requirement be stated as erosion controls,with the Administrator determining the type at the site visit. • The Field Inspector and Planner noted the recommendation was written by the Administrator. • The Commission agreed to require an erosion control barrier. • A motion to close the hearing and issue Negative Determination#3 with conditions as recommended and discussed was made by Mr. Mabon, seconded by Mr. Mustain. • Vote 5-0,Unanimous. Documents RDA Application with Supporting Materials 07 3125 2025-08-27 Conservation Commission Minutes Page 3 of 8 Request for Determination of Applicability 153 Hickory Hill Road(Wolfenden) • The Field Inspector and Planner stated the project involves replacing a 32-yeas-old deck within the same footprint. Work will be done by hand with minor ground disturbance for new footings. Construction access will be from the left side of the garage, and materials and a dumpster will be stored on the gravel driveway. The closest work to the BV W is 25 feet. The Administrator conducted the site visit and noted the wetlands have likely expanded over time due to past beaver activity. The recommendation is to close the hearing and issue a Negative Determination 43 with conditions: install erosion controls,hold a pre-construction meeting, conduct a post-construction inspection, and remove erosion controls once the site is stable. • The Applicant's contractor was present. • Mr. White questioned the need for 50 feet of erosion control given the work is by hand, on lawn,with little slope. • Mr. Manzi noted the site visit was performed by the Administrator and stated erosion controls are standard practice. • Mr. Mustain added that with the deck down and footings exposed,bare soil could cause runoff during rain. • A motion to close the hearing and issue Negative Determination#3 with conditions as recommended was made by Mr. Mustain, seconded by Mr. Mabon. • Vote 5-0,Unanimous. Documents RDA Application with Supporting Materials 07 28 25 Request for Determination of Applicability 58 Appleton Street(Bradbury) • The Field Inspector and Planner noted this is an after-the-fact filing for a 230 sq. ft. deck, 72 sq. ft. larger than the previous deck. The deck was built in the same location with eleven hand-dug footings.Norse Environmental delineated the wetland,which was approved by staff. The site inspection showed no impact to the wetland or Buffer Zone;the closest work is 56 ft. from the BVW. The recommendation is to close the hearing and issue a Negative Determination#3 with no conditions, as the work is complete. • David Bradbury was present. • Mr. Mustain asked how they learned of the violation. • Ms. Langevin stated the homeowner informed the Administrator while discussing another project. • Mr. White expressed concern about issuing after-the-fact RDAs while other applicants receive Enforcement Orders. • Mr. Manzi noted the Commission does not encourage after-the-fact filings and enforces them by charging triple fees. • A motion to close the hearing and issue Negative Determination#3 was made by Mr. Mustain, seconded by Ms. Valentino. • Vote 5-0,Unanimous. Documents RDA Application with Supporting Materials 08 05 25 Request for Determination of Applicability 1493 Forest Street Extension (Welch) • The Field Inspector and Planner stated the project includes a six-foot deck expansion,new and expanded patios, and privacy plantings, all outside the 50-foot NBZ. Work will be done mostly by hand,with limited use of small equipment. Conservation Staff determined the 50-foot NBZ. Recommendation: close the hearing and issue a Negative Determination#3 with conditions for erosion controls,pre- and post-construction inspections, and removal of erosion controls once the site is stable. • Applicant Christopher Welch was present. • Mr. Mabon asked if they were on site when the line was determined. 2025-08-27 Conservation Commission Minutes Page 4 of 8 • Ms. Langevin confirmed she and the Administrator were present and set the line around the tree shown on the plan. • A motion to close the hearing and issue Negative Determination#3 was made by Mr. Mustain, seconded by Ms. Valentino. • Vote 5-0,Unanimous. Documents Photos, RDA Application with Supporting Materials 0812 25 Patios -Deck-Plantings, Welch Plan_ConCom_8 27 25 Abbreviated Notice of Resource Area Delineation 242-1916, 0 Bonny Lane(Gavin & Sullivan Architects) • Mr. Manzi stated the Commission has one Abbreviated Notice of Resource Area Delineation before them, noting this is only to verify a wetland line,no construction is proposed. • The Field Inspector and Planner reported the BVW is on the northeast side of the site and was delineated by Norse Environmental. Conservation Staff reviewed the flagging on August 15th and made no changes. As no MassDEP number has been issued,the hearing cannot be closed. She recommended continuing to September 10, 2025. • Mr. Mabon asked why the area is not considered an Isolated Vegetated Wetland(IVW). • Troy Stearns of Civil Design Consultants noted an area drain near WF10A captures overflow and directs it to the municipal system. • Ms. Langevin stated that if the area were classified as an IVW, its size exceeds 1,000 sq. ft. and would be regulated the same way. • Mr. Manzi asked how the wetland is currently classified. • Ms. Langevin noted they chose to classify it as a BVW because of the drain. • 7:35 p.m., Mr. McDonough joined the meeting. • A motion to continue to September 10, 2025, was made by Mr. Mustain, seconded by Mr. Bohenek. • Vote 5-0-1, (In Favor: Bohenek,Mabon,Valentino,White, and Mustain,Abstained: McDonough). Documents 24-10533 EC 2025-0812 S,Abutter Notification Form,Application Material Notice of Intent(NOI) 242-1914,465 Stevens Street(Petroskey) • The Field Inspector and Planner reported that in February 2025 a 95 ft white pine fell on the garage and shifted the circa-1900 house on its foundation. The house was deemed uninhabitable, and the Administrator signed off on demolition of the garage. The Applicant now proposes to demolish the house, foundation,rear deck, and stairs, and construct a new house with garage underneath,new driveway, and new rear deck and stairs. The wetland is a BVW associated with an intermittent stream between Stevens Street and Great Pond Road.Norse Environmental delineated the wetlands; staff reviewed the flagging with no changes. The proposed dwelling will be 52.2 ft from the BVW. The house footprint is slightly larger but no closer to the wetland; the deck is slightly closer but still within the 50-ft NBZ. The existing driveway will be used for construction access, and excess material will be trucked off site. The Administrator provided a letter to the homeowners' insurance company regarding permitting. A draft Order of Conditions was prepared. Ms. Langevin recommended closing the hearing and issuing an Order of Conditions, and granting a waiver for the deck. • Mr. Mustain asked about the square footage of the deck within the 50-ft NBZ. • Dennis Griecci of Andover Consultants, stated the existing deck has about 60 sq ft within the NBZ;the proposed will have 52 sq ft,including stairs. • No abutters were present. • A motion to grant the waiver as requested was made by Mr. White, seconded by Mr. Mabon. • Vote 6-0,Unanimous. • A motion to close and issue in 21 days was made by Mr. McDonough, seconded by Mr. Mabon. 2025-08-27 Conservation Commission Minutes Page 5 of 8 • Vote 6-0,Unanimous. Documents 465 Stevens_Application Checklist-Notice oflntent, 465 Stevens_Fee Calculation Worksheet(6), 465 Stevens—Site Plan, 2025-07-30 NOI transmittal letter, Compiled NOI 465 Stevens, Notice of Intent(NOI) 242-1915,351 Willow Street(Muffin Realty Trust) • The Field Inspector and Planner stated the project includes removal of an existing concrete pad for a building addition,replacement of pavement with a new concrete pad, and restoration of pavement and lawn areas with loam, seed, and native plantings. Additional plantings are proposed on the slope to enhance the Buffer Zone. A 150-foot stone infiltration trench will be installed for stormwater mitigation. Work will occur within the 25- foot NDZ. The property is surrounded by wetlands with no feasible alternatives, and a waiver request has been submitted. Impervious surfaces will remain within existing impervious areas,with approximately 1,875 sq ft of NDZ restored. Wetlands were delineated by DeRosa Environmental and confirmed in the field. Requested plan revisions include crushed stone at a pavement corner, extended topography, and enhanced plantings from a 2018 plan. Erosion controls are proposed;no stockpiling or dewatering will be required. • Berkeley Lewis of Morin-Cameron Group presented the alternatives analysis. Wetland's border three sides of the site, and most of the property lies within the 25-foot NDZ or 50-foot NBZ. The addition is intended to enclose tanks used for cooking supplies,which are delivered by semi-trucks to the southeast corner of the building. Relocating these operations would require major interior renovations. Mitigation measures are proposed to offset the work in the NDZ. • Mr. Manzi noted discussion would focus on the waiver and alternatives analysis. • Mr. Mustain confirmed no new impervious surface was proposed and supported the waiver given mitigation and existing disturbance. • Mr. White asked if enclosing the tanks would reduce spill risk. • Mr. Lewis stated the new enclosure will be fully integrated into the building, unlike the current canopy. • Ms. Valentino questioned whether the tanks and deliveries predate the WPA and raised concerns about ongoing loading within the NDZ without stormwater treatment. • Mr. Lewis responded that deliveries have occurred there for some time and noted the infiltration trench is proposed for added treatment. • Mr. Mabon asked about existing spill containment. • Mr. Lewis stated he believes containment exists and will confirm. • Mr. Mustain requested secondary containment equal to 110% of tank capacity,with measures for loading and unloading. • Mr. Mabon confirmed the waiver relates to impervious removal,mitigation, and enclosing the tanks. • Mr. Lewis noted the enclosure will remain within the current pad and canopy footprint. • Mr. McDonough requested background on when the pad, tanks, and canopy were installed and approved. • Melinda Perrone, 65 Meadowood Road, asked whether Mosquito Brook and the 200-foot Riverfront Area apply. • Mr. Manzi stated MassDEP and MassDOT studies indicate the river designation begins north of Rt. 114. • Ms. Perrone expressed concern about ongoing facility impacts,including trash in wetlands. • Mr. Mustain requested the Applicant address the loading dock as a potential point source,provide oil tank sizes, and confirm SCCP requirements. • Ms. Valentino requested a clearer alternatives analysis showing other on-site locations considered outside the 100-foot Buffer Zone. • A motion to continue to September 10, 2025,was made by Mr. McDonough, seconded by Mr. Mabon. • Vote 6-0,Unanimous. Documents Andover Abutters List 0 Bypass, Derosa Mitigation Plan_351 Willow St 08 24 25, NOI 351 Willow St, NOI 351 Willow St, Site Dev Plan 351 Willow St 08 24 25 2025-08-27 Conservation Commission Minutes Page 6 of 8 Enforcement Order/Violation 16 Tavern Road(Finnegan) • The Field Inspector and Planner reported on unpermitted vegetation and tree removal. Following a site inspection,the homeowners were issued a Violation letter and directed to hire a wetland consultant to complete a delineation. Ms. Langevin stated she has been in contact with the consultant and will meet with him and the Administrator to review the wetland line and determine if a restoration plan is required. She noted the property may be entirely within the 25-foot NDZ, pending confirmation after the review. • A motion to continue to September 10, 2025,was made by Mr. McDonough, seconded by Mr. Bohenek. • Vote 6-0, Unanimous. Documents 16 Tavern Road- Violation Letter 06 06 25 Enforcement Order/Violation 242-1787, 135 North Ramp Road—30 Day Update • Attorney Timothy Houten,representing the City of Lawrence and Lawrence Municipal Airport(LMA), reminded the Commission that a modification to the Order of Conditions had previously been requested. He noted that a project team has now been assembled and provided a letter of introduction. • Michele Simoneaux of Stantec introduced herself as the project manager and primary contact for LMA. She explained that Stantec will work in conjunction with Hancock Associates,who has prior experience on the site. She summarized team roles,provided resumes, and outlined their progress, including a groundwater monitoring plan. She noted that many of these items are preconstruction requirements under the OOC and Enforcement Orders. The team includes the following members: o Michelle Greene(Stantec): Will support inspections, stormwater monitoring, and restoration oversight. o Charles Young(Stantec): Licensed Site Professional and author of the groundwater monitoring plan. o Morgan Seale(Hancock Associates): Engineer-in-Training, assisting with survey, design, construction administration, and stormwater prevention planning with P.E. Brian Geaudreau. • Ms. Simoneaux stated that the Construction General Permit and SWPPP are under internal review and are expected to be submitted to EPA next week. • Mr. Manzi asked when construction would begin. • Attorney Peter Durning representing Dynamic Waste Services(tenant on an adjacent property)noted that pricing and contracting are not finalized, so a start date is uncertain. • Ms. Simoneaux stated that the intent is to begin work this year and asked if the Commission preferred an in- office collaboration. • Mr. Manzi suggested instead arranging a site visit once plans are further developed. He asked Ms. Simoneaux to coordinate with Conservation Staff and also inquired whether the trucking company is still operating. • Francisco Urena of LMA confirmed that it is,with no penalties. • Ms. Melinda Perrone of 65 Meadowood Road asked for clarification on the purpose of the project. • Mr. Manzi explained that the intent is to stabilize the site and control stonnwater. The material on site consists of recycled glass and plastic deposited over decades. Complete removal was deemed unrealistic; the Commission instead directed that the area be capped, seeded, and fenced, consistent with landfill closure practices. Storm damage has increased the urgency of stabilization. • Ms. Simoneaux anticipated providing a meaningful update in four weeks. • Mr. Urena requested six weeks, citing ongoing lease negotiations and multiple moving parts. • A motion to October 8, 2025,was made by Mr. Mustain, seconded by Mr. White. • Vote 5-0-1, (In Favor: Bohenek,McDonough,Mabon,White and Mustain,Recused: Valentino). Documents 02-26-2025 Meeting Materials, 04-23-2025 Meeting Materials,05-19-2025 Meeting Materials, LawrenceMunicipalAirport IntroductionLetter and GWMonitoringPlan 2025-08-27 Conservation Commission Minutes Page 7 of 8 Decision 242-1914,465 Stevens Street(Petroskey) • The Commission reviewed the draft Order of Conditions and agreed to require a $3,000 performance bond. • A motion to approve the Order of Conditions as drafted was made by Mr. Mustain, seconded by Ms. Valentino. • Vote 6-0, Unanimous. Adjournment • A motion to adjourn at 8:26 p.m. was made by Mr. Mustain, seconded by Mr. McDonough. • Vote 6-0, Unanimous. 2025-08-27 Conservation Commission Minutes Page 8 of 8