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HomeMy WebLinkAbout2025-09-24 Conservation Commission Minutes Approved 10/08/2025 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 24, 2025 Members Present: Matthew Bohenek, David F. White, Albert P. Manzi Jr., Chairman, John T. Mabon, Vice Chairman, and Bradley S. Mustain Members Absent: Sean F. McDonough and Marissa Valentino Staff Members Present: Amy Maxner, Conservation Administrator and Alexyss Langevin, Conservation Field Inspector and Planner Meeting came to Order at: 7:02 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 A motion to accept the minutes of September 10, 2025, as drafted was made by Mr. Mabon, seconded by Mr. Mustain. Vote 4-0, Unanimous. Certificate of Compliance 242-1672, 492 Sutton Street (Lawrence Municipal Airport) The Administrator stated the Applicant has requested a continuance. A motion to continue to December 10, 2025, was made by Mr. Mustain, seconded by Mr. Mabon. Vote 4-0, Unanimous. Documents Email from dom.zazzaro@stantec.com requesting a continuance until 12/10/25 Enforcement Order/Violation & Small Project 80 Chestnut Street (Rivas/Ariza) & NACC #350, 80 Chestnut Street (Arsenault) The Administrator reported that the Enforcement Order addressed unauthorized tree and brush removal within the 25-foot NDZ. A wetland consultant delineated the wetland and prepared a restoration plan, which was approved and completed before the September 15th deadline. Trash and wood chips have been removed, the area seeded, and plantings are in place. The site now requires watering and care, with monitoring for two growing seasons. Plantings look good, and no waiver was required since this was a directive to restore. No further action is needed on the Enforcement Order beyond monitoring. Contractor Steve Arsenault was present. Mr. Mabon asked if a Small Project application was appropriate for the proposed work. The Administrator explained the Small Project is separate from the violation, which has been resolved. The current application covers lawn rehab and fencing located 50 feet or more from the wetland. Restoration plantings shown on the plan addressed the earlier violation, while the Small Project is limited to work outside the 50- Mr. Mabon confirmed the Small Project is limited to the green rectangle shown on the plan outside the 50- foot NBZ. The Administrator Mr. Mustain. Vote 4-0, Unanimous. The Administrator confirms with Mr. Arsenault that there will be pre-construction erosion control installation and a site inspection with her to verify the same. No further action was required at this time on the Enforcement Order. Enforcement Order Documents 01-22-2025 Meeting Materials, 03-26-2025 Meeting Materials, 07-09-2025 Meeting Materials, 07-09-25 Amended EO Planting Deadline 80 Chestnut, 80 Chestnut Restoration Plan 3-20-25 Small Project Documents Small Project Application with Supporting Materials 09 16 25 Notice of Intent (NOI) 242-1917, 989 Salem Street (Moriarty) The Administrator stated the Applicant has requested a continuance. A motion to continue to October 08, 2025, was made by Mr. Mustain, seconded by Mr. Bohenek. Vote 4-0, Unanimous. Documents Email from rjm@stamskiandmcnary.com requesting a continuance until 10/08/25 Request for Modification 242-1855, 56 Abbott Street (Capobianco) The Administrator explained that the original Order (Nov. 2022) covered construction of an inground pool, paver patio, 8x8 shed, short retaining wall, and fence enclosing the pool area. The requested Modification includes: Reducing pool size and replacing the footprint with patio. Relocating the stockpile to the driveway. Shifting construction access from the front to the back of the house due to slope. Permanently removing the fire pit. Moving the fence farther from the house (outside the 25-foot NDZ) to allow practical access between the deck, pool, and yard. One corner of the fence will be close to the 25-foot NDZ. A formal waiver was submitted for fence placement within the 50-foot NBZ. Mr. Mustain confirmed no new impervious surface is proposed. Mr. Mabon noted the fence moves closer to the 25-foot NDZ and asked about restoration opportunities. The Administrator said the area is lawn up to the disturbed edge, then woods. A planting strip at the lawn edge could be considered. Thor Akerley of Williams & Sparages stated the fence shifts closer by about 15 feet. Historically, the property was lawn up to the stream channel. Since no new structures are proposed in the NBZ, no mitigation was proposed unless the Commission requests it. Mr. Manzi noted that whether a fence counts as a structure is under review by the bylaw subcommittee. He personally views it as a boundary, not a structure. Mr. White confirmed the fence would remain on existing lawn and outside the 25-foot NDZ, which he found acceptable. A motion to approve the Modification as proposed was made by Mr. Mustain, seconded by Mr. White. Vote 4-0, Unanimous. Documents Approved NOI Plan - 56 Abbott Street, Minor Modification Request - 56 Abbott Street, Plan to Accompany a Notice of Intent - 56 Abbott Street_R2, Waiver Request Form - 56 Abbott Street Notice of Intent (NOI) NACC #347, Dale Street, Winter Street (Trinity Home Builders, LLC) The Administrator stated that Board of Health approval has been obtained for the septic system and the Commission may close the hearing and issue a decision. 2025-09-24 Conservation Commission Minutes Page 2 of 5 A motion to close and issue in 21 days was made by Mr. Mustain, seconded by Mr. Bohenek. Vote 4-0, Unanimous. Documents 07-09-2025 Meeting Materials, 07-23-2025 Meeting Materials, 09-10-2025 Meeting Materials, Winter Street_0_BOH Septic APPROVAL_2025-09-22 Notice of Intent (NOI) 242-1915, 351 Willow Street (Muffin Realty Trust) The Administrator reported that the consultant confirmed the tank pad was shown as an existing condition on an approved 1985 plan (pre-bylaw) and has appeared on all subsequent permits. The consultant also submitted an alternatives analysis with four rejected options, a revised planting plan, and a breakdown of required replanting under prior OOCs (blue), new mitigation (beige), and impervious removal/loam and seed (red). Mr. Manzi noted a waiver request has been submitted; the first step is to decide on granting it. Mr. Mustain asked about the volume and containment of the oil tanks. Mr. Lewis of Morin-Cameron Group stated each tank is ~6,000 gallons. Existing canopy tanks have containment; two exterior tanks do not. The proposal updates tanks to meet code. Mr. Mabon asked about vehicle access on the south side. The Administrator said there is none beyond the addition. Mr. Lewis confirmed access continues on the west side for fire. Melinda Perrone, 65 Meadowood Road raised concerns about truck access to the south side, evidence of outside deliveries at the tanks, and neighborhood impacts from truck traffic, after-hours activity, and dumping. Mr. Lewis responded that deliveries will be redirected to a new concrete pad to improve operations. The tanks are active and will be enclosed in the addition, with outside valves available for deliveries. Mr. White noted truck access has existed since the 1980s; the project encloses tanks and moves valves to a new pad. Mr. Mustain confirmed current tanker deliveries and raised concerns about containment during unloading. Mr. Lewis said no curbing is planned but tanks will have secondary containment and spill kits on site. Mr. Mabon supported requiring spill containment at unloading, especially near wetlands. Mr. Mustain referenced SPCC (Spill Prevention, Control, and Countermeasure) regulations and will research applicability. He asked the applicant to review as well. Ms. Perrone questioned whether deliveries in the 25-foot NDZ were originally permitted and whether tractor- trailer access there is acceptable. Mr. Manzi stated he views the use as grandfathered since the 1980s and would not apply new regulations retroactively (so as to require the applicant to move delivery site). Ms. Perrone asked what the red zone represents. Mr. Lewis said it is existing asphalt to be removed, restored, and loamed/seeded. Ms. Perrone asked how deliveries would function with valves on the south pad. Mr. Lewis said new equipment will be installed there and will provide cumulative volume data. A motion to continue to October 08, 2025, was made by Mr. Mabon, seconded by Mr. Mustain. Vote 4-0, Unanimous. Documents 08-27-2025 Meeting Materials, Alternatives Analysis Plan 9.16.25, As-Blt Plan (DEP #242-966) Dec. 2001, As-Blt Plan Nov. 1987, DeRosa Mitigation Plan Rev. 8.24.25, Revised Info Ltr, Revised Info Ltr, Site Plan Rev. 9.16.25 Enforcement Order/Violation 16 Tavern Road (Finnegan) The Administrator reported the homeowner and consultant could not attend. In consultation with the Chair, she presented their proposal, with the option to continue to October 8th if needed. Wetlands were delineated by Bill Manuell and cover nearly half the property. The Administrator noted requiring full replanting was not 2025-09-24 Conservation Commission Minutes Page 3 of 5 practical given the house was built in 1946. Instead, the homeowner and consultant proposed a 5x40 restoration area between WF A1 and A6 with native herbaceous and woody shrubs to enhance pollinator habitat. They also requested grinding three stumps at the ends of the area. The Administrator did not support stump removal, recommending instead additional woody shrubs, such as sweet pepper bush. She recommended issuing a formal Enforcement Order with completion by May 31, 2026, installation of wetland markers, monitoring for two growing seasons with 75% survivorship, and annual reports from the wetland consultant. She also advised removal of historic dumping. Mr. Mabon asked about locations for the additional plantings and the area of disturbance. The Administrator said this could be a field decision and pointed out existing resprouting shrubs and hazardous tree removals. Mr. White confirmed the house was built in 1946 and much of the flagged area had historically been lawn. He questioned how a homeowner would know wetlands were present, noting no indication on public maps. The Administrator stated homeowners are expected to conduct due diligence. Mr. Manzi noted the Commission has historically approved removal of hazardous trees. He emphasized the Commission aims to be fair and educational, not punitive. Mr. White raised concerns about insurance companies pressuring homeowners to remove trees, suggesting NACC provide more public education. Mr. Manzi supported restarting education programs. Mr. Mustain confirmed the wetland does not appear on MassMapper; the Administrator noted many wetlands do not. A motion to issue the Enforcement Order as recommended and discussed was made by Mr. Mustain, seconded by Mr. Mabon. Vote 4-0, Unanimous. Documents 08-27-2025 Meeting Materials, 09-10-2025 Meeting Materials, 16 Tavern Rd Cover Letter & Wet Sketch, 9- 18-25,16 Tavern Road Restoration Plan Notice of Intent (NOI) 242-xxxx, Stonecleave Road (LRC Builders) The Administrator stated the 13.3-acre wooded parcel contains a gravel road easement from Duncan Drive, varied topography, and two wetlands: an IVW with a potential vernal pool at the Stonecleave frontage, and a BVW with a certified vernal pool at the rear. The IVW area shows neighborhood dumping that will need NHESP has requested an undisturbed connection between the two wetlands; the NOI is under review. The project proposes three single-family homes, a 20-foot roadway with cul-de-sac, septic systems, stormwater basins, and a water main connection. About 3.6 acres will be disturbed; 9.7 acres will remain open space. A waiver from the 50-foot NDZ is requested for drainage associated with pond #3. Conservation staff reviewed the delineation with no changes. Stormwater peer review by Horsley Witten is underway. No DEP file number has been issued. Benjamin Osgood of Ranger Engineering stated wells will be eliminated due to the new water line. The Fire Department requested hydrant service, and DPW directed them to the existing line in a Town easement. He explained piping stormwater under the driveway will prevent erosion and direct flow to a flat wooded area. Mr. Mabon noted an alternatives analysis is required for the waiver request, specifically whether discharge outside the 50-foot NDZ is feasible. He stated this will be a focus in future hearings. Mr. Manzi confirmed stormwater is under peer review and emphasized this is an early hearing. Dick Adams, 114 Stonecleave Road raised concerns about stormwater impacts to his property, questioning why the project is not addressing runoff toward Stonecleave Road. lows. He noted curbing and catch basins are proposed at the road connection. Mr. Manzi stressed post-construction runoff cannot exceed pre-construction conditions and advised waiting for peer review. 2025-09-24 Conservation Commission Minutes Page 4 of 5 Mr. Adams expressed additional concerns about septic placement, and downstream flooding. Mr. Mustain requested stormwater efficiency calculations at the Stonecleave connection. Mr. Osgood agreed to include them in the peer review resubmittal. A motion to continue to October 08, 2025 was made by Mr. Mustain, seconded by Mr. Mabon. Vote 4-0, Unanimous. Documents 09-18-25 _HW 1st PeerReview_Stonecleave, 2025-08-19 DRAINAGE REPORT, 2025-08-19 STONECLEAVE PLAN SET, 2025-09-05-NOI compiled, 250417 Letter of Authorization, Maps, MESA Checklist completed, NOI, Photos, Project Narrative, Stonecleave presentation plans, Waiver Request General/New/Old Business 2025 Hunting Dates (October 6th - November 29th) Mr. Manzi noted archery season begins October 6 and shotgun season begins November 29, running for two weeks starting the Monday after Thanksgiving. The Administrator stated Commission-regulated hunting is primarily at Half Mile Hill, where only archery is permitted. Mr. Manzi added there are other Commission parcels that allow all forms of hunting. Mr. White raised concern about signage at James Swamp, recommending clear notices during hunting season advising hikers to wear blaze orange. The Field Inspector and Planner noted the kiosk at James Swamp incorrectly states hunting is not allowed and needs correction. No action was taken. Decision 242-1916, 0 Bonny Lane (Gavin & Sullivan Architects) The Commission reviewed the draft Order of Resource Area Delineation. A motion to approve the Order of Resource Area Delineation as drafted was made by Mr. Mustain, seconded by Mr. White. Vote 4-0, Unanimous. Decision NACC #347, Dale Street, Winter Street (Trinity Home Builders, LLC) The Commission reviewed the draft Order of Conditions and agreed to require a $7,000 performance bond. A motion to approve the Order of Conditions as drafted was made by Mr. White, seconded by Mr. Mabon. Vote 4-0, Unanimous. Adjournment A motion to adjourn at 8:29 p.m. was made by Mr. White, seconded by Mr. Mustain. Vote 4-0, Unanimous. 2025-09-24 Conservation Commission Minutes Page 5 of 5