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HomeMy WebLinkAbout2025-09-10 Conservation Commission Minutes Approved 09/24/2025 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 September 10, 2025 Members Present: Matthew Bohenek, Sean F. McDonough, John T. Mabon, Vice Chairman, Marissa Valentino, and Bradley S. Mustain Members Absent: Albert P. Manzi Jr., Chairman and David F. White Staff Members Present: Amy Maxner, Conservation Administrator Meeting came to Order at: 7:05 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 les of Order, Newly Revised, 12th ed., §4:56. Acceptance of Minutes A motion to accept the minutes of August 27, 2025, as drafted was made by Mr. Mustain, seconded by Mr. Bohenek. Vote 4-0, Unanimous. Certificate of Compliance 242-140, Partial COC Request, 149 Bridges Lane, Lot 63 (Peter J. Radulski, Esq.) The Administrator explained that this is a non-jurisdictional property appearing under an old OOC during the title search. To resolve this, the closing attorney is requesting a Partial Certificate of Compliance (PCOC) to clear the title. In April 2024, she researched this file for a similar inquiry and provided her findings in an -140 applies only to lots on Vest Way, not Bridges Lane. She recommended issuing a PCOC stating that this lot is non- jurisdictional and not covered by the Order. The Commission discussed the request for a PCOC. The Administrator noted there are several PCOCs in the file, but none for the lots listed in the Order. She added that the recording seems to have extended to other properties. A motion to issue a Partial Certificate of Compliance was made by Mr. McDonough, seconded by Mr. Mustain. Vote 4-0, Unanimous. Documents 149 Bridges Lane Aerial, Partial COC Request - 149 Bridges Lane (Lot 63) 09 04 25, Town of North Andover Mail - 140 Vest Way Enforcement Order/Violation & Certificate of Compliance 242-1878, 30 Anne Road (Vidal) Mr. Bohenek requested that the Commission consider the Certificate of Compliance (COC) with the Enforcement Order (EO) together. The Administrator reported that the May 2024 Order of Conditions (OOC) authorized installation of a sewer force main to replace a failed septic system. In February 2025, staff discovered the work had been completed without pre-construction requirements. An EO was issued on February 26th. The force main was later re- excavated and properly sleeved over the culvert, verified by the engineer and documented in an as-built plan. During spring site visits, staff also identified egg masses at WF14/15, confirming vernal pool habitat, and extending 50-foot NDZ and 75-foot NBZ setbacks. Additional unpermitted work included a pea stone patio and a walkway from the deck to the driveway. Mr. Mabon noted the OOC did not authorize the patio or walkway. Aleksandr Chongris of Chongris Engineering explained the patio is pervious, loosely laid, and partly replaced disturbed lawn or an old brick walkway. Downspouts discharge onto it, providing some storage. He said the work was not included in his survey because the NOI focused only on the sewer connection. The Administrator noted the patio is no closer to the wetland than the existing driveway. Commissioners questioned whether a Modification was required. The Administrator confirmed after-the-fact Modifications require double fees ($400). Mr. Bohenek argued the OOC was largely disregarded and proposed fines of $100/day for 104 days of noncompliance (Feb. 26June 10), totaling $10,400, stating remedial work only occurred after Commission intervention. Mr. Mustain questioned the basis for fines, noting the costly re-excavation to install the sleeve already acted as a penalty. He felt $10,400 was excessive and suggested a smaller amount if fines were imposed. Mr. McDonough asked if fines could be applied retroactively, since they are typically used prospectively to secure compliance. The Administrator agreed this was not the usual practice, noting the Applicant acted promptly once notified. Ms. Valentino said to be consistent with past practice, no fines should be imposed since corrective action was taken. A motion to impose fines of $10,400 was made by Mr. Bohenek, seconded by Mr. McDonough. Failed, Vote 1-3 (In Favor: Bohenek; Opposed: McDonough, Mustain, Valentino). Mr. Mustain moved to issue a full COC, seconded for discussion by Mr. McDonough. Mr. McDonough and Mr. Mabon opposed, stating the patio was unapproved work within jurisdictional areas requiring a Modification. Failed, Vote 2-3 (In Favor: Valentino, Mustain; Opposed: Bohenek, McDonough, Mabon). A motion to amend the EO to require an after-the-fact Modification for the pea stone patios and walkway within jurisdictional areas was made by Mr. Mustain, seconded by Mr. McDonough. Passed, Vote 4-0, Unanimous. Enforcement Order Documents 02-26-2025 Meeting Materials, 03-26-2025 Meeting Materials, 05-28-2025 Meeting Materials Certificate of Compliance Documents 23.166 30 Anne Road North Andover - As-built 081525, 23.166 30 Anne Road North Andover - COC Letter, Form8, Updated WF Sketch, Wetland Report - 30 Anne Road, North Andover - Rev 4-07-25 Certificate of Compliance 242-1430, 859 Winter Street (Armstrong) The Administrator stated the 2008 Order approved construction of a 26x24 carriage house, 51 feet from the BVW, and a driveway connection off the existing driveway. The work was completed within a year of the OOC being issued, consistent with the plan and OOC. The site is stable with no outstanding issues. A motion to issue a full and final Certificate of Compliance was made by Mr. McDonough, seconded by Ms. Valentino. Vote 4-0, Unanimous. Documents 15675AB01, 800975 Certificate of Compliance 242-1532, 93 Cricket Lane (Fluth) The Administrator stated the September 2011 Order authorized two additions: a 5-foot bump out with a full foundation for an in-law apartment and a 2-foot bump out for a gas fireplace, both outside the 50-foot NBZ. A 2025-09-10 Conservation Commission Minutes Page 2 of 7 later Modification approved construction of a 16x6 at-grade deck and concrete walkway within the 50-foot NBZ, with a waiver granted. All structures were built per plan, the site is stable, and wetland markers on the trees are sufficient. A motion to issue a full and final Certificate of Compliance was made by Mr. McDonough, seconded by Ms. Valentino. Vote 4-0, Unanimous. Documents 93 Cricket CofC Pics, 800965, 924603AB01 Small Project NACC #348, 48 Compass Point (Lamusta Landscaping) The Administrator explained this condo complex (a 40B project built in 2017/2018) is not subject to Bylaw setbacks. The proposal is for a 290 sq. ft. paver patio in a triangular common area between four buildings, more than 50 feet from the wetland. The area contains a subsurface infiltration chamber and a river birch tree, and is often muddy and unusable. Construction access will be between Buildings F and G. After consulting Patrick Garner, the Administrator noted the main concern is protecting the infiltration cleanout. She recommended approval under Small Project Category F with conditions: a pre-construction meeting, no erosion controls (buildings act as barriers), and a post-construction inspection. washed stone. The patio will be edged with washed stone to aid drainage, consistent with the existing 2-foot drip edge around buildings. He noted grass does not grow in the shaded, compacted areas, and stabilized stone is preferred. Mr. Mustain questioned whether the combined patio and stone area should be considered more than 300 sq. ft. and whether this disqualified it as Category F. The Administrator clarified that the proposal is for a paver patio with stone around it, not a full paver patio, and that stone is not considered a structure. Mr. Mabon asked if the stone would extend into the 50-foot NDZ. The Administrator confirmed it would not. Mr. McDonough and Mr. Mustain agreed the project is approvable but argued it should be classified as Category L, not F. The Commission determined the project is approvable but requires reclassification under Small Project Category L, subject to conditions including protection of the infiltration cleanout, a pre-construction meeting, and post-construction inspection. Mr. Mabon requested a pre-construction inspection to confirm the patio remains more than 50 feet from WF C38. made by Mr. McDonough and seconded by Mr. Mustain. Vote 4-0, Unanimous. Documents As-Built Plan Excerpt - Proposed Patio Area, P. Garner Feedback EMail - Patio proposal at Merrimac Condos, Patio Concept, Patio Layout IMG_2343, Small Project Permit Application - Patio Merrimac Condos 09 02 25 Abbreviated Notice of Resource Area Delineation 242-1916, 0 Bonny Lane (Gavin & Sullivan Architects) The Administrator stated this matter was continued from the previous meeting. The only outstanding item was receipt of a DEP file number, which has since been assigned. She recommended closing the hearing and issuing an ORAD confirming the delineation shown on the plan. No abutters were present. A motion to close and issue in 21 days was made by Mr. McDonough, seconded by Ms. Valentino. Vote 4-0, Unanimous. 2025-09-10 Conservation Commission Minutes Page 3 of 7 Documents 08-27-2025 Meeting Materials Notice of Intent (NOI) 242-1915, 351 Willow Street (Muffin Realty Trust) The Administrator stated the Applicant has requested a continuance. A motion to continue to September 24, 2025, was made by Mr. Mustain, seconded by Mr. McDonough. Vote 4-0, Unanimous. Documents Email from kathy@morincameron.com requesting a continuance until 09/24/25 Notice of Intent (NOI) NACC #347, Dale Street, Winter Street (Trinity Home Builders, LLC) The Administrator stated a revised plan was submitted. The revisions move all work outside the NHESP protected area, set erosion controls at the Natural Heritage boundary, reduce site disturbance by 7,302 sq. ft., eliminate the walkout basement, revise the driveway layout (still outside the 50-foot NBZ), and relocate the stockpile area. She also requested an infiltration trench around the driveway hammerhead and a note that the existing gravel driveway will be excavated to native soils. The septic system remains under review but all components are outside jurisdiction. Jack Sullivan of Sullivan Engineering noted an additional $500 fee was submitted because the house, once fully outside the 100-foot Buffer Zone to IVW, is now partially within it. He explained that NHESP identified a protected turtle species and requested a study, but due to the high cost, the project was redesigned to avoid the habitat area. Updated plans were sent to NHESP for confirmation. The house footprint and design remain the same, though it is no longer a walkout. Septic review is ongoing, but all components are outside the 100- foot Buffer Zone. Mr. Mabon stated the Commission typically does not close a project until all information, including Board of Health and septic approval, is received. Mr. Sullivan agreed waiting would not cause delays, as a building permit cannot be issued without septic approval. He requested a continuance to September 24, 2025. No abutters were present. A motion to continue to September 24, 2025, was made by Mr. McDonough, seconded by Mr. Mustain. Vote 4-0, Unanimous. Documents 07-09-2025 Meeting Materials, 07-23-2025 Meeting Materials, 09-03-25 0 Winter Street, NA_ REV. PLAN Notice of Intent (NOI) 242-xxxx, 989 Salem Street (Moriarty) The Administrator stated the project includes repaving, widening, and squaring off the driveway; a 3-foot retaining wall; a front walkway; and removal of a 28-inch pine tree. BVW is located on the north, east, and west sides, and the wetland line was confirmed by the Field Inspector. The existing driveway is 4.3 feet from BVW at its closest point; widening would reduce this to 2 feet. The retaining wall would be 13 feet from BVW. A waiver request was submitted with 805 sq. ft. of mitigation (15 native shrubs). A DEP file number has not yet been issued. Robert Melvin of Stamski McNary said the driveway will be widened to 14 feet and slightly raised to improve safety and turning ability. Vehicles currently must back onto Salem Street. The revised grade will also direct runoff toward the wetland to promote infiltration. Commissioners asked about grading, slope, the driveway culvert, mitigation plantings, and alternatives analysis. Mr. Melvin said the mitigation area is already disturbed lawn and that no space exists outside the 50-foot zone for a turnaround. 2025-09-10 Conservation Commission Minutes Page 4 of 7 Colin Moriarty, the Applicant explained the turnaround would square off an existing curve near the garage. Without it, cars use the lawn or back onto Salem Street, which he considers unsafe. He said site constraints limit other options. Commissioners noted the site is constrained and expressed concern about widening near Salem Street and the retaining wall. Mr. Moriarty said the driveway edges are deteriorating and unsafe in winter. Mr. Melvin explained the retaining wall is needed to stabilize the raised grade at the doorway; it will be under 4 feet in height and made of stone. The Commission spoke about the waiver and agreed the waiver vote should wait until a DEP file number is assigned. Mr. McDonough said he is not prepared to approve the waiver as proposed, emphasizing avoidance, minimization, and mitigation but acknowledged the safety concerns. The Commission agreed a site visit would be helpful. Prior to the next meeting, the Applicant must: Show the driveway culvert on the plan and confirm its function. Address the 14-foot width and walkway/retaining wall in the alternatives analysis. Provide a cross-section of the widened area. Supply photos for members unable to attend the site visit. Mr. Moriarty suggested reducing the width to 13 feet. Mr. Mabon asked if 12 feet could be stabilized with construction methods. Mr. Moriarty said no, given crumbling edges and safety risks. No abutters were present. A motion to continue to September 24, 2025, was made by Mr. McDonough, seconded by Ms. Valentino. Vote 4-0, Unanimous. Documents 7875 NOI, 7875.WPP_FF Enforcement Order/Violation 129 Forest Street (Trickett) The Administrator reported the Enforcement Order had been issued for installation of a hardscape patio/grill area within the 25-foot NDZ and 50-foot NBZ. The Commission required removal by the end of August, which was completed. The hardscape was removed; some stone dust remained, but the area is planned to be loamed and seeded. Paul Trickett, the homeowner stated the area would be loamed and seeded the following weekend. The Administrator noted this would stabilize the site, and conditions were favorable for grass growth. Mr. Mabon confirmed the Enforcement Order should remain in place until the area was fully stabilized and vegetated. Once the area has been stabilized, the homeowner is to notify the Administrator so she can conduct a final inspection and then submit a request for a Certificate of Compliance to close out the prior Order. No further action was required at this time. Documents 04-26-2023 Meeting Materials, 05-08-2024 Meeting Materials, 06-12-2024 Meeting Materials,08-28-2024 Meeting Materials, 129 Forest Street - 2nd Amended Enforcement Order 08 28 24, EO Post Removal Pics 129 Forest 9-8-25 Enforcement Order/Violation 488 Pleasant Street (Borke/Brecher) The Administrator explained that this Enforcement Order was issued for vegetation removal along the bank of Stevens Pond. The Commission had granted an extension for deliverables travel and staff vacations. During site review with the landscape contractor, staff noted a sewer line and easement running along the rear of the property near the pond. This makes full restoration of the 25-foot NDZ impractical, as DPW needs access for maintenance. The Administrator suggested replanting only between the top of bank and the wetland side of the sewer line, leaving a clear buffer around the pipe. 2025-09-10 Conservation Commission Minutes Page 5 of 7 Mr. Brecher, the homeowner, argued the sewer line and manhole have always been there and maintained as lawn. He stated they are not interested in spending money on revegetation, that past plantings failed due to invasives, and that neighboring properties have lawn down to the pond. He said they prefer to leave conditions as they are. Commissioner Mustain noted the primary change under discussion was excluding plantings from the easement area. The Administrator confirmed the easement takes up much of the 25-foot NDZ along the bank. The discussion shifted briefly to the dock; the Administrator reiterated it must remain until a proper permitting process is determined, at minimum requiring an RDA. Mr. Mabon recommended focusing on bank stabilization first. The Commission emphasized the Enforcement Order requires a planting plan for the 25-foot NDZ and a five- year Vegetation Management Plan. Mr. Brecher maintained he does not plan to undertake planting, does not want to spend the money, and feels the existing bank supports wildlife. He questioned what exactly was being enforced. When asked, he admitted he had not read the Enforcement Order despite receiving it by email and certified mail. He requested a one-month continuance to review it. Mr. Mustain reminded him that the EO was issued for unpermitted clearing, not for failing to comply with the original planting plan. The Administrator noted one tree and extensive vegetation were removed and then projected photographs on screen showing a number of cut shrub stumps and small sapling trees. Mr. Brecher disputed this characterization and invited the Commission to visit the property. Ms. Valentino recommended reviewing the easement language, which may require a clear area for sewer maintenance. The Commission agreed to continue the matter for one month, directing the homeowner to review the EO and easement before the next meeting. A motion to continue to October 08, 2025, was made by Ms. Valentino, seconded by Mr. McDonough. Vote 4-0, Unanimous. Documents 04-23-2025 Meeting Materials,488 Pleasant Correspondence, EO,488 Pleasant Site Plan Highlighted,488 Pleasant Street - Enforcement Order 04 23 25 Enforcement Order/Violation 16 Tavern Road (Finnegan) The Administrator stated this violation involved tree cutting in the wetland and Buffer Zone. She directed the homeowner to hire a wetland consultant. Bill Manuell was engaged, flagged the wetlands, and reviewed the site with staff this past Monday. No changes were made to the flagging. The house was built in 1946, and the wetland covers much of the yard. Staff estimated 1520 trees were removed, some of which were dead or rotted. Many were within the wetland. The Administrator does not recommend replanting the entire cut area, as it makes up most of the side yard. Instead, an area at the rear has been identified for replanting. Many stumps are resprouting and will be left to regenerate naturally. The consultant will provide a revised sketch with wetland flags, and the homeowner will select a planting schedule from a native plant list provided. Piles of timbers, debris, and discarded potted plants must also be removed. Mr. Mabon asked why deadlines in the original EO were not met. The Administrator explained delays were due to difficulty finding an available consultant; Manuell was engaged in July but could not begin work until late August. Mr. Mabon noted the delay but requested the consultant present the planting plan to the Commission this fall, with planting to occur in the spring. No further action was required at this time. Documents 08-27-2025 Meeting Materials, 16 Tavern Rough Drawn Wetland Edge, Email Follow Up From Site Visit with W. Manuell 2025-09-10 Conservation Commission Minutes Page 6 of 7 Decision 242-1916, 0 Bonny Lane (Gavin & Sullivan Architects) Mr. Mabon noted that the line was reviewed at the last meeting, but a DEP file number had not yet been issued. As no formal decision was prepared for this meeting, the Commission agreed to continue the matter to the next meeting. Adjournment A motion to adjourn at 9:18 p.m. was made by Mr. McDonough, seconded by Mr. Mustain. Vote 4-0, Unanimous. 2025-09-10 Conservation Commission Minutes Page 7 of 7