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HomeMy WebLinkAbout2025-10-08 Conservation Commission Minutes Approved 101221202E Albert P.Manzi Jr., Chair Bradley S. Mustain John T. Mabon Vice Chair `, %" �;�f�f% ,,,�j,�� �� Marissa Valentino Sean F. McDonough Matthew Bohenek David F. White i l Town of North Andover North Andover Conservation Commission October 08,2025 Members Present: Matthew Bohenek, David F. White, John T. Mabon,Vice Chairman,Albert P. Manzi Jr., 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 • A motion to accept the minutes of September 24,2025, as drafted was made by Mr. Mabon, seconded by Mr. White. • Vote 4-0, Unanimous. Certificate of Compliance 242-1852, 7 Fuller Meadow Road(Zahoruiko) • The Administrator stated that the Order, issued in October 2022, governed after-the-fact permitting for construction of a wood deck and stairs off the west side of a three-season porch under renovation. The deck was supported by three new footings, and the porch by five. The deck was located 40 feet from the BVW at its closest point,requiring a waiver. As mitigation, 945 square feet of lawn were replanted with native shrubs and a seed mix. The plantings have a 90% survival rate after two years. The site is stable,work is complete, erosion controls have been removed, and markers are installed. • A motion to issue a full and final Certificate of Compliance with ongoing conditions was made by Mr. Mustain and seconded by Mr. Bohenek. • Vote 4-0, Unanimous. Documents 7 Fuller Meadow Road-Revised APPROVED NOI Plan, As-Built Plan- 7 Fuller Meadow Road, Certificate of Compliance Request- 7 Fuller Meadow Road Small Project NACC #349, 153 Chickering Road (TTOR) • The Administrator stated that the proposal involves creating a country lane connecting the gateway building to the gravel drive leading to the maintenance area behind the 113-115 Andover Street building at the Stevens-Coolidge property. The lane would consist of two 18-inch gravel strips with grass between them, with about 20 feet extending into the outer edge of the 100-foot Buffer Zone to an IVW. Work will occur within an existing lawn,with no vegetation removal. The site is flat, so erosion controls are not necessary. The Administrator recommended that the NACC find the project qualifies as a Category"L" Small Project and approve it with conditions requiring pre- and post-construction site inspections with conservation staff and TTOR representatives. • Adam Rollfs of the Trustees of Reservations was present. • Motion to classify the project as a Small Project"L"was made by Mr. White, seconded by Mr. Mustain. • Vote 4-0, Unanimous. • Motion to approve the project as proposed with the recommended pre-and post-construction inspections was made by Mr. White, seconded by Mr. Mustain. • Vote 4-0, Unanimous. Documents 202E Aerial, Area Pic, Example pic, Site Plan, Small Project Application with Supporting Materials 09 18 25 Request for Determination of Applicability 299 Blue Ridge Road(Kinneman) • The Conservation Field Inspector and Planner stated the project involves rehabilitating the existing driveway within its current footprint. Work includes a full-depth reclaim,removal of old asphalt and debris,regrading, compacting, and paving with a 2-inch binder coat and 1.5-inch finish coat. Joints will be sanded and emulsified. The project also includes installing 60 linear feet of PVC piping to connect two existing downspouts to an existing drain at the corner of the driveway. The downspouts currently discharge onto the driveway, causing icing issues. The nearest point of work is 53 feet from the BVW, as measured by Conservation Staff. The recommendation is to close the hearing and issue a Negative Determination#3 with conditions requiring erosion controls prior to work, a pre-construction inspection with the contractor, homeowner, and Conservation Staff, and a post-construction inspection to verify compliance and remove erosion controls. • Mr. Mustain confirmed that the drain is a private yard drain and asked where it discharges. • Thomas Kinneman,the Applicant stated it drains to the corner of the fence, approximately 10-15 feet parallel to the white line shown on the plan, discharging onto the ground beyond the lawn area. • Mr. Mustain stated he had no concerns as long as it is not connected to public infrastructure. • No abutters were present. • A motion to close the hearing and issue a Negative Determination#3 with conditions as recommended was made by Mr. Mabon, seconded by Mr. White. • Vote 4-0,Unanimous. Documents Driveway Pics, RDA Application with Supporting Materials 09 23 25 Notice of Intent(NOI) 242-1917, 989 Salem Street(Moriarty) • The Administrator stated that this project involves repaving,widening, and squaring off the driveway, constructing a retaining wall, adding a walkway from the front steps to the new driveway section, and removing a pine tree. Following a site inspection with members of the Commission, the Applicant, and the engineer, revised plans were submitted to address previous questions. The culvert under the driveway is now shown, and the driveway widening has been adjusted to shift it further from the wetland where space allows. The retaining wall has also been moved several feet farther from the wetland, and a seed mix has been approved for the area between the retaining wall and the wetland,just above the slope. Planting notes were revised to allow the Conservation Agent to approve native shrub substitutions based on availability. The plans also reflect relocation of a utility pole. In response to concerns about runoff,the engineer provided curve number calculations demonstrating the wetland's capacity to accommodate the additional impervious surface. • Mr. Mustain noted he was unable to attend the site visit and asked whether the Administrator felt the revised plan reflected the Commission's recommendations. • The Administrator confirmed that it does and noted she shared the revised plan with Commissioner Valentino, who had no additional comments. 2025-10-08 Conservation Commission Minutes Page 2 of 6 • Mr. Bohenek stated his appreciation for the Applicant and engineer's efforts to address the Commission's concerns. • Robert Melvin of Stamski McNary and the Applicant, Colin Moriarty, were present. • No abutters were present. • A motion to approve the waiver for driveway widening within the 25-foot NDZ and the location of the retaining wall was made by Mr. White, seconded by Mr. Mabon. • Vote 4-0,Unanimous. • A motion to close and issue within 21 days was made by Mr. White, seconded by Mr. Mabon. • Vote 4-0,Unanimous. Documents 09-10-2025 Meeting Materials, 7875 Revision Letter(CC) Signed 9-29-25, 7875 Revision Letter(CC) Signed 9-29-25 Notice of Intent(NOI) 242-1915,351 Willow Street(Muffin Realty Trust) • The Administrator stated that at the previous meeting, the Commission asked whether the Applicant had a spill prevention protocol plan in place. The Applicant confirmed that a Spill Prevention, Control, and Countermeasure (SPCC)Plan exists and was last updated in November 2022.No changes were needed at that time. The engineer also provided containment calculations showing that the system exceeds the required 110%containment volume. • Mr. Mustain noted that with the SPCC Plan in place and the design incorporating best practices,he was satisfied with the proposal. • Mr. Mabon stated that the tanks appear to be adequately contained. He asked how minor changes to the unloading setup are being addressed. • Will Schkuta of Morin-Cameron Group explained that the Applicant follows established offloading procedures. A Bake'n Joy staff member is present with each truck driver during unloading. Valves and hoses are inspected before connection, containment pans or buckets are placed under connection points, and hoses are checked under static pressure before pumping begins. If a leak occurs, spill kits with berms, absorbent pads, and neutralizers are available. Weekly inspections are performed internally and externally for leaks or hazards. The SPCC Plan was originally prepared in 2006,revised in 2011, and is updated at least every five years or as needed. Any spills over 10 gallons would be reported to EPA and MassDEP. • Melinda Perrone, 65 Meadowood Road,thanked the Commission for improvements related to trash and dumping enforcement along Willow Road. She expressed concern about plastic container seals from delivery trucks being littered along Willow Street and Flagship Drive, and asked that the Applicant provide a proper disposal area for them. • Mr. Manzi suggested adding a condition to the Order of Conditions addressing this concern. • Mr. Schkuta agreed and proposed placing a trash container near the loading area for proper disposal. • The Administrator noted that the Applicant is requesting a waiver for work within the 25-foot No-Disturb Zone and 50-foot No-Build Zone. The work includes removal of pavement, installation of a stone infiltration trench at the top of the slope,removal of some impervious surface, and new plantings. • A motion to grant the waiver as described by the Administrator was made by Mr. White, seconded by Mr. Mustain. • Vote 4-0, Unanimous. • A motion to close and issue within 21 days was made by Mr. White, seconded by Mr. Bohenek. • Vote 4-0,Unanimous. Documents 08-27-2025 Meeting Materials, 09-24-2025 Meeting Materials, SPCC-Bake&Joy Notice of Intent(NOI) 242-1919, Stonecleave Road(LRC Builders) • 7:22 p.m., Ms. Valentino joins the meeting. 2025-10-08 Conservation Commission Minutes Page 3 of 6 • The Administrator stated the Applicant has requested a continuance. • A motion to continue to October 22, 2025,was made by Mr. Mustain, seconded by Mr. White. • Vote 5-0, Unanimous. Documents Email from hboss ,r er®e--- .c requesting a continuance until 1012212E Notice of Intent(NOI) 242-1918, 70-72 Farrwood Avenue (Building Restoration Services,Inc.) • The Administrator stated the Commission issued a Positive Determination in May requiring a Notice of Intent. The Applicant revised the plan and provided stormwater calculations. The project includes removal and replacement of existing elevated porch assemblies at the rear of 70-72 Farrwood Avenue (condominiums), construction of staircases for emergency access to grade,installation of new concrete footings, and regrading/loaming and seeding. A peastone infiltration trench is proposed along the downgradient side of the asphalt walkway to promote groundwater recharge within the Buffer Zone, along with 15 new shrub plantings. There is a net increase of 47 sq. ft. of pavement for walkway extensions. The Applicant requests a waiver to allow work within the 50-foot NBZ for footing installation, infiltration trench, and plantings; no work is proposed within the 25-foot NDZ. The stormwater summary indicates a slight decrease in runoff for some storm events and no change for others. • David Anderson of Building Restoration Services and Jesse Aguilar of High Point Engineering were present. Mr. Anderson stated the waiver request is based on replacing and reorienting the balconies to minimize disturbance within the 25-foot NDZ. The design also provides stormwater benefits and new plantings within the 50-foot NBZ, limited to one new footing. • Mr. Mabon confirmed with the Administrator that a full set of stamped plans was provided. • A motion to grant the waiver to allow work within the 50-foot NBZ as proposed was made by Mr. Mabon, seconded by Mr. Bohenek. • Vote 5-0, Unanimous. • Ms. Valentino questioned the use of mulch around the new plantings. • Mr. Anderson stated it was intended to slow runoff and promote infiltration. • Ms. Valentino noted the stone trench should address runoff and that mulch could introduce additional material into the Buffer Zone; she recommended removing it. • The Administrator noted mulch could clog the infiltration trench and recommended using a wildlife seed mix instead. She also recommended installation of wetland markers along the 25-foot NDZ. • The Commission agreed to condition installation of posts and markers at the Administrator's discretion based on site conditions. • Mr. Aguilar stated a DEP file number(#242-1918) has been issued, and MassDEP had no technical comments. • No abutters were present. • A motion to close and issue in 21 days was made by Mr. White, seconded by Ms. Valentino. • Vote 5-0, Unanimous. Documents 70-72 Farrwood Pics, 202E 0812-Heritage Green - 70-72 Farr-wood Ave-Ba, 2025-09-25_70- 72Farrwood NOI Booklet, 202E-09-25 70-72Farrwood Plan Set, 2025-09-25 70- 72Farrwood Stormwater Analysis Enforcement Order/Violation 242-1787, 135 North Ramp Road—30 Day Update • The Administrator stated she received an update letter earlier today. The project team continues to solicit contractor pricing. Due to contractor availability,the pending lease agreement, and seasonal constraints, site work is now anticipated to begin in spring 2026. The goal is to complete all site restoration and planting work within one growing season. The team is completing supplemental topographic survey work,the Stormwater 2025-10-08 Conservation Commission Minutes Page 4 of 6 Pollution Prevention Plan, and the electronic NOI with EPA. They plan to provide progress updates to the Commission as available,but no later than February 2026. • Mr. Manzi asked when the Commission last heard from the site monitor. • The Administrator stated there has been no monitoring activity yet since construction has not started. • Mr. Manzi expressed concern that while the site has remained stable through dry weather,heavy rainfall could destabilize it. He requested that the site monitor begin providing reports following any event that could impact stability. • Ms. Valentino noted that under NPDES requirements, inspections are typically required after one inch or one- half inch of rainfall, depending on site conditions, or on a weekly basis. • Mr. Mustain stated that for a site of this significance, inspections should occur after a half-inch rain event. • The Administrator confirmed that this aligns with the Commission's standard condition in Orders of Conditions. • Mr. Manzi reiterated that the site remains substantially degraded and that proactive monitoring is necessary. He requested the addition of this requirement and that the Applicant be notified. • The Administrator noted that since construction has been delayed until next spring,monitoring after significant weather events is necessary to ensure stability in the interim. • Mr. Manzi emphasized that the Commission should not wait until problems occur, as the site is vulnerable to erosion but can be stabilized with proper oversight. • Mr. Mabon recommended requiring the Applicant to inspect the site and submit a report to the Conservation Department after any rainfall of one-half inch or more until construction begins. • Mr. Bohenek asked whether this requirement also applies to snow events. • Ms. Valentino responded that for SWPPP compliance, inspections are typically required after a foot or more of snow followed by warming conditions. • The Commission agreed that inspections must occur after any rainfall of one-half inch or more, or after a foot or more of snow followed by warming conditions,with reports submitted within 24 hours. • A motion to issue an addendum to the Enforcement Order as discussed was made by Mr. Mabon, seconded by Mr. White. • Vote 4-0-1, (In Favor: Bohenek,White,Mabon, and Mustain,Recused: Valentino). Documents 02-26-2025 Meeting Materials, 04-23-2025 Meeting Materials, 05-19-2025 Meeting Materials, 08-27-2025 Meeting Materials, ltr updatetoNACC LMA_135northramproad 20251008 General/New/Old Business Approval of 2026 Conservation Calendar • The Commission discussed the submittal requirements for application materials. • Ms. Valentino and Mr. Mustain agreed that applicants should be responsible for providing copies of plans for review. • The Administrator outlined the current requirement of two full-size sets and one electronic copy,noting that the department provides additional copies for meetings. She recommended revising the checklist to require seven(7) 11 x 17 plan sets for Commission members. • Members agreed that 11 x 17 plans would be sufficient for most applications,with a full-size set available if needed for reference during meetings. • The Commission agreed that members will receive an email the day after each application deadline with a link to the meeting drive. • The Commission reviewed and approved the draft 2026 Conservation Calendar. • A motion to adopt the 2025 Conservation Calendar as drafted is made by Mr. Mustain, seconded by Ms. Valentino. • Vote 5-0, Unanimous. Documents 2026 Meeting Dates -DRAFT 2025-10-08 Conservation Commission Minutes Page 5 of 6 Adjournment • A motion to adjourn at 7:55 p.m. was made by Mr. Mustain, seconded by Ms. Valentino. • Vote 5-0, Unanimous. 2025-10-08 Conservation Commission Minutes Page 6 of 6