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HomeMy WebLinkAbout2025-10-22 Conservation Commission Minutes Approved 11/12/2025 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 October 22, 2025 Members Present: Matthew Bohenek, Sean F. McDonough, John T. Mabon, Vice Chairman, Bradley S. Mustain, and Marissa Valentino Members Absent: Albert P. Manzi Jr., Chairman and David F. White Staff Members Present: Amy Maxner, Conservation Administrator and Alexyss Langevin, Conservation Field Inspector and Planner Meeting came to Order at: 7:01 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 Acceptance of Minutes A motion to accept the minutes of October 08, 2025, as drafted was made by Mr. Bohenek, seconded by Mr. McDonough. Vote 4-0, Unanimous. Certificate of Compliance 242-1618, 50 Royal Crest Drive, Bldg 47 (AIMCO North Andover, LLC) The Administrator noted that the Order of Conditions, issued in April 2014, covered foundation drain installation, connection to an existing drain line, a new drain manhole, roof downspout connections, waterproofing, other foundation repairs, and new concrete steps. All work has long been completed, the site is stable, and no issues were observed during her recent inspection. Ms. Valentino confirmed with the consultant that the property is not within the floodplain. Mr. McDonough commented that since the Order was issued in April 2014 and it is now nearly November 2025, he wanted to understand the delay in filing for the Certificate of Compliance. Ken Lania of Cornerstone Land Associates explained that a Certificate of Compliance was initially filed in 2017. However, it was withdrawn because the site was undergoing a five-year overhaul of the entire drainage system, and there were concerns about overloading the existing system before completion. The project was eventually completed, but due to staff and project changes, the final closeout was overlooked. Building 47 is the last remaining open Order of Conditions under that five-year plan. A motion to issue a full and final Certificate of Compliance was made by Mr. Mustain, seconded by Mr. McDonough. Vote 4-0, Unanimous. Documents COC Req. Package Bldg 47 01.31.17, L-Maxner-AIMCO COC Request-101025, RCNA-Building 47 As-Built Plan-101025 Small Project NACC #351, 69 Milk Street (Kelly) The Administrator stated the project involves installing granite steps into a grassy slope to create safer access between the upper and lower lawns. The steps will be 70 feet from the wetland, as measured by Conservation staff. The Applicant provided a cross-section and an updated site plan showing the step location off the corner of the deck. The project falls under Small Project Category L. Ms. Valentino noted the house was built in 2005 and asked if wetland markers are present on site. The Administrator stated there are none but that this can be conditioned. She recommended placing three markers near WF A4, A2, and A6, and approval under Small Project Category L with conditions for a pre- construction meeting, erosion controls, wetland markers, and a post-construction inspection. McDonough and seconded by Mr. Mustain. Vote 4-0, Unanimous. Documents Small Project Application with Supporting Materials 10 06 25 Request for Determination of Applicability 859 Winter Street (Armstrong) The Administrator stated the project involves demolishing the existing deck and both sets of stairs, then rebuilding in the same footprint. One section will be converted into a 16x6 screened porch supported by screw piles, and the stairs on that side will be removed. The remaining section will be rebuilt as an open deck. The crushed stone around the perimeter will stay in place to allow roof runoff to infiltrate. Ms. Valentino suggested installing wetland markers to help future property owners recognize the nearby resource area, though placement may be difficult. Applicant Elizabeth Armstrong agreed to install the markers, noting the wetland lies within a natural gully materials instead of the original teak mahogany. She confirmed that screw piles will replace concrete footings, with supporting information provided. The Administrator confirmed the closest point of the deck is 73 feet from the wetland, based on the as-built plan. Mr. Mabon said the project is very approvable but suggested future submittals clearly show proposed work and setback distances on one plan sheet. The Administrator recommended closing the hearing and issuing a Negative Determination #3 with conditions requiring a pre-construction inspection, installation of wetland markers, and a post-construction inspection. She noted erosion controls are unnecessary due to existing stone, lawn, and driveway conditions. No abutters were present. A motion to close the hearing and issue a Negative Determination #3 with conditions as recommended was made by Mr. Mustain and seconded by Mr. Bohenek. Vote 4-0, Unanimous. Documents Highlighted Screen Porch Mock Up, RDA Application with Supporting Materials 10 06 25 Notice of Intent (NOI) 242-1919, Stonecleave Road (LRC Builders) The Administrator stated the Applicant has requested a continuance. A motion to continue to November 12, 2025, was made by Mr. McDonough, seconded by Mr. Bohenek. Vote 4-0, Unanimous. Documents Email from bosgood@rangereng.com requesting a continuance until 11/12/25 2025-10-22 Conservation Commission Minutes Page 2 of 5 Notice of Intent (NOI) 242-1920, 1230 Salem Street (Martin) The Administrator stated the home was built early in her tenure and recently closed out with a Certificate of Compliance. The new owner proposes a 40x25 attached garage, 31x6 inground pool with patio, and 20x6 pool house. All work is outside the 50-foot no-build zone, with the closest point 50 feet, 5 inches from the BVW. Hancock Associates submitted stormwater data showing infiltration meets standards. A DEP file number is pending, and a site visit is planned next week. David Cowell of Hancock Associates and Applicant Kathy Martin were present. Mr. Cowell said they hope to receive feedback and asked about placement of wetland markers. The Administrator stated that markers already exist on-site. Mr. McDonough confirmed the existing chicken wire is to contain dogs and asked about fencing for the pool. Ms. Martin said a new safety fence will be installed. The Administrator noted the chain link fence at the slope will remain and that a cartridge filter system must be used; documentation will be required with the building permit. Mr. Mabon requested the safety fence, construction access, dewatering details, stockpile area, and construction sequence be added to the plan. Mr. Cowell noted no tree removal is proposed, as all work is within existing lawn or herbaceous areas. No abutters were present. A motion to continue to November 12, 2025, was made by Mr. McDonough, seconded by Ms. Valentino. Vote 4-0, Unanimous. Documents 1230 Salem St N Andover NOI Narrative_rev2, 1230 Salem St NOI Site Plans, 1230 Salem St Stormwater Memo Signed, 28538 - 1230 Salem St N Andover NOI, Local Fee Calculation Worksheet, NOI UPdated, Plan, Wetland Delineation Exhibit Enforcement Order/Violation 488 Pleasant Street (Borke/Brecher) The Administrator stated the homeowners were unable to attend the meeting as they are traveling. She provided an update o provided to the homeowners, and areas suitable for additional plantings were identified along the wetland side of the sewer easement where openings exist. She reported that she consulted with the Department of Public Works regarding planting within the sewer easement. The DPW advised against planting directly over the sewer line due to concerns with root intrusion and future maintenance access. She noted that plantings should remain on the wetland side of the easement. The Administrator stated that invasive bittersweet continues to be the primary issue on site and will require ongoing management to protect existing vegetation. File review indicated that when the house was constructed in 2005, a double row of highbush blueberry was proposed within the 25-foot No Disturb Zone (NDZ); however, no evidence of those shrubs remains. quantities and bed dimensions. She requested that the plan specify the total planting area and number of plants to ensure adequate coverage. Mr. Mabon and Ms. Valentino both noted that the planting plan should be more quantitative, with defined planting beds and species identified. The Administrator stated the intent is to create naturalized planting areas with native species that will grow in without mulch or fertilizer, while managing invasive plants. Andy Crittenden of AC Landscaping, representing the homeowner, stated that prior work authorized by the Commission has been completed, including debris removal, reseeding, and installation of steps. He acknowledged that while addressing bittersweet, some shrubs may have been cut unintentionally. He stated that the current plan proposes several planting areas along the shoreline using native species from the 2025-10-22 Conservation Commission Minutes Page 3 of 5 Commissioners agreed that the planting plan must be revised to include: quantities and specific locations of all proposed plantings. Defined planting areas on a scaled site plan showing the wetland, easement, and 25- foot NDZ. A vegetated barrier at or near the 25-foot NDZ, consistent with the original plan that specified a row of highbush blueberry, where feasible. Exclusion of plantings within the 20-foot-wide sewer easement. The Administrator confirmed that a minimum 75% survival rate after two years will be required. Commissioners reiterated that a five-year Vegetation Management Plan (VMP) is required under the Enforcement Order to ensure invasive control and maintenance of the restored areas. Discussion followed regarding site conditions and shade impacts. Mr. Crittenden suggested limited pruning of lower tree branches to improve sunlight and plant survival. The Commission noted this could be considered as part of the revised plan if proposed appropriately. The Administrator stated the homeowner provided a video walkthrough of the shoreline, which has been uploaded to the meeting folder for review. She suggested that the Commission consider a site visit due to the complexity of the area and easement constraints. She reported that granite steps were recently installed on the slope without written approval. She explained that she spoke with the homeowner about temporary wooden steps for access during an event they were hosting, but not permanent construction. Commissioners requested the steps be added to the revised plan for evaluation. Mr. Mabon noted that the dock referenced in the Enforcement Order will need to be addressed at a future meeting. The Commission requested that the revised planting plan incorporate the above elements and be resubmitted for review. A motion to continue to November 12, 2025, was made by Mr. McDonough, seconded by Mr. Mustain. Vote 4-0, Unanimous. Documents 04-23-2025 Meeting Materials, 09-10-2025 Meeting Materials, 488 Pleasant pics 9-19-25, 10-14-2025 Planting Plan for Conservation, 488 Pleasant Street - Documentation 09 15 25, PXL_20250915_131107472, Replanting Area Photo Log Enforcement Order/Violation 113 Bridges Lane (Do Carmo) 8:23 p.m., Ms. Langevin left the meeting. The Administrator reported that the Enforcement Order was issued for unpermitted alterations in the wetland, including construction of a platform deck, clearing, and placement of gravel within the Buffer Zone. The required restoration and replanting were completed, and monitoring reports indicate strong plant survival and establishment. A site visit was conducted, and the Administrator recommended lifting the Enforcement Order. Mr. Mabon confirmed with the Administrator that the required two growing seasons of monitoring have been completed. 8:25 p.m., Ms. Langevin rejoined the meeting. A motion to lift the Enforcement Order was made by Mr. McDonough, seconded by Ms. Valentino. Vote 4-0, Unanimous. Documents 02-14-2024 Meeting Materials, 02-28-2024 Meeting Materials, 05-08-2024 Meeting Materials, 06-12-2024 Meeting Materials, 10-23-2025 Meeting Materials, 11-13-2024 Meeting Materials, Norse Fall Monitoring Report 9-12-25 Enforcement Order/Violation 55 South Bradford Street (Chatterjee) The Administrator stated the Enforcement Order was issued for unauthorized cutting within the wetland and Buffer Zone. The property is largely open, with a culvert and stream crossing the driveway. An emergency repair to the headwall in December resulted in soil and stone entering the stream, which was promptly cleaned up. On the opposite side, where the wetland fans out, the homeowner removed invasive bittersweet and several dead or impacted trees. Some shrubs were cut but left rooted. The Commission allowed a one-year 2025-10-22 Conservation Commission Minutes Page 4 of 5 regrowth period to assess recovery and native coverage. A late fall inspection with Norse Environmental confirmed strong resprouting of shrubs and more than 100% herbaceous coverage, with native species such as cattails, goldenrod, cinnamon fern, and Joe-Pye weed observed. Mr. Mabon asked about the status of invasive species. The Administrator stated that glossy buckthorn was present but limited, and some purple loosestrife was noted. Overall, native species now dominate the area. She recommended removing erosion controls along the stream and confirmed that the required coverage had been achieved. She also noted that the Enforcement Order did not specify installation of wetland markers, which should now be added. She recommended markers on 4x4 or weather-resistant posts along the 25-foot NDZ, spaced approximately 30 feet apart on both sides of the culvert, to be installed by November 24th. Mr. Mabon stated that the area appears to be thriving and suggested the Commission encourage continued invasive management as part of the follow-up with the wetland consultant. A motion to amend the Enforcement Order as discussed was made by Mr. McDonough and seconded by Mr. Mustain. Vote 4-0, Unanimous. Documents 09-25-2024 Meeting Materials, 11-13-2024 Meeting Materials, 12-11-2024 Meeting Materials, 55 South Bradford EO Follow Up Pics 9-26-25, 55 South Bradford Street - Amended Enforcement Order 11 13 24, Norse Fall Inspection Report 9-26-25 Decision 242-1915, 351 Willow Street (Muffin Realty Trust) The Administrator stated that the decision will be issued at the next meeting as there was not a quorum of eligible members to vote. An extension was granted by the Applicant, and written confirmation has been provided. Decision 242-1917, 989 Salem Street (Moriarty) 8:36 p.m., Ms. Maxner left the meeting. The Commission reviewed the draft Order of Conditions and agreed to require a $2,500 performance bond. Ms. Valentino noted a typographical error on page they agreed with the proposed completion date of May 30, 2026, in Condition #52. A motion to approve the Order of Conditions as drafted and amended was made by Mr. McDonough, seconded by Ms. Valentino. Vote 4-0, Unanimous. Decision 242-1918, 70-72 Farrwood Avenue (Building Restoration Services, Inc.) 8:38 p.m., Ms. Maxner rejoined the meeting. The Commission reviewed the draft Order of Conditions. A motion to approve the Order of Conditions as drafted was made by Mr. Mustain, seconded by Mr. Bohenek. Vote 4-0, Unanimous. Adjournment A motion to adjourn at 8:41 p.m. was made by Mr. McDonough, seconded by Mr. Mustain. Vote 4-0, Unanimous. 2025-10-22 Conservation Commission Minutes Page 5 of 5