Loading...
HomeMy WebLinkAbout2025-11-12 Conservation Commission Minutes Approved 12/10/2025 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 November 12, 2025 Members Present: Matthew Bohenek, Marissa Valentino, John T. Mabon, Vice Chairman, Bradley S. Mustain, and David F. White Members Absent: Albert P. Manzi Jr., Chairman and Sean F. McDonough Staff Members Present: Amy Maxner, Conservation Administrator 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 ules of Order, Newly Revised, 12th ed., §4:56. Acceptance of Minutes A motion to accept the minutes of October 22, 2025, as drafted was made by Ms. Valentino, seconded by Mr. Mustain. Vote 4-0, Unanimous. Modification 242-1898, Rt. 114 & Turnpike Street ROW (North Andover DPW) The Administrator explained that Bobrek Engineering is acting as resident engineer for the DPW. The OOC for the sewer project required the Applicant to return with dewatering methods and 100% construction drawings. Those materials have been submitted, along with a soil management plan and dewatering plans for both the sewer line and pump station. She noted she has held several preconstruction meetings on site and was present today for the first excavation. They reached about 1213 feet with no groundwater present. Greg St. Louis of Bobrek Engineering stated the only project change is shifting the sewer alignment to the center of the road to reduce wetland and utility impacts. All other work matches the original permit. He noted the project includes 1,200 feet of gravity sewer and 100 feet of force main. Despite expecting groundwater around six feet, none was found today. Dewatering will use a frac tank and dirt bag with wattles, with daily turbidity monitoring. Mr. Mabon asked where the dry excavation occurred. Mr. St. Louis stated that currently the frac tank is in an upland area which will discharge and has been verified by the Administrator that it is greater than 25 feet from the wetland. A motion to approve the Modification as proposed was made by Mr. Mustain, seconded by Ms. Valentino. Vote 4-0, Unanimous. Documents _2025.10.20 - BEC_ConsComm Minor Modification Ltr, 242-1898, Rt. 114_Turnpike Street ROW OOC, 2025.02.26 DRAWINGS ISSUE FOR CONSTRUCTION, Submittal 31 14 13.16-001 - Soil Management Plan, Submittal 47B - Dewatering Plan for Utility Installation, Submittal 48B - Dewatering Plan for Pump Station Modification 242-1878, 30 Anne Road (Vidal) The Administrator explained this is an after-the-fact Modification request to permit two peastone areasa sitting area and a walkway to the drivewayinstalled at the rear of the house. Both are fully pervious and no closer to the wetland than the existing driveway, which is within 25 feet. A waiver request was submitted. The Applicant noted a previous stone walkway in the same general footprint. Mr. Mabon confirmed the work encroaches into the 50-foot NDZ for the vernal pool; the rest is in the NBZ or outside jurisdiction. Aleksandr Chongris of Chongris Engineering stated that the waiver is for the stone patio area (¾-inch crushed stone). Based on limited photos, the Applicant expanded an older stone area and replaced it with peastone, increasing runoff volume storage. The waiver seeks approval for the peastone within the 50-foot NDZ. Ms. Valentino asked whether the original stone walkway was removed. loose. A motion to approve the waiver as requested was made by Mr. Mustain, seconded by Ms. Valentino. Vote 4-0, Unanimous. A motion to approve the after-the-fact Modification as proposed was made by Mr. White, seconded by Ms. Valentino. Vote 4-0, Unanimous. Documents 23.166 30 Anne Road North Andover - As-built 081525, 23.166 30 Anne Road North Andover - Modification Request Letter, Application Checklist - Modification Request - Final 03 22 22, NDZ - NBZ -Waiver-Request- Worksheet-Updated-June 2021, Photo log Enforcement Order/Violation 242-1878, 30 Anne Road (Vidal) The Administrator reported that the contractor began work on the sewer force main connection without completing the required pre-construction steps. The Commission issued an Enforcement Order directing them to address those items and confirm whether the force main over the culvert had been properly sleeved. They engineer, and all corrective measures have been completed. A motion to lift the Enforcement Order was made by Ms. Valentino, seconded by Mr. Mustain. Vote 3-0-1, (In Favor: Valentino, Mustain, White, Opposed: Bohenek). Documents 02-26-2025 Meeting Materials, 03-26-2025 Meeting Materials, 05-28-2025 Meeting Materials Certificate of Compliance 242-1878, 30 Anne Road (Vidal) The Administrator reported that the design engineer submitted a certification letter confirming the project is in compliance. She noted there are no outstanding site issues and recommended issuing a full Certificate of Compliance with ongoing conditions. A motion to issue a full and final Certificate of Compliance was made by Mr. Mustain, seconded by Ms. Valentino. Vote 3-0-1, (In Favor: Valentino, Mustain, White, Opposed: Bohenek). Documents 09-10-2025 Meeting Materials Certificate of Compliance 242-1887, 156-172 Chestnut Street (Cherry Properties, LLC) The Administrator noted that the April 2024 Order of Conditions covered demolition of a condo building and construction of a new duplex with a shared driveway, rear decks, patios over a crushed stone infiltration trench, a rain garden for runoff, site grading within 100 feet of the IVW, restoration plantings within the 25- foot NDZ, and a post-and-rail fence at the NDZ line. Plantings are thriving, the fence is properly marked, the 2025-11-12 Conservation Commission Minutes Page 2 of 9 minor deviations, some of which reduced project elements. She recommended issuing a full Certificate of Compliance with ongoing conditions. A motion to issue a full and final Certificate of Compliance was made by Mr. Mustain, seconded by Mr. White. Vote 4-0, Unanimous. Documents 156-172 Chestnut CofC Pics, 156-172 Chestnut Street_Compliance letter_10092025, 156-172 Chestnut_UPDATED Asbuilt_10212025, wpafrm8a-156-172 Chestnut St, NA, 156 CHESTNUT STREET - APPROVED Plan REV to 6-11-24 Certificate of Compliance 242-946, 82 Raleigh Tavern Lane (den Boggende) The Administrator explained that the 1999 Order covered a replacement septic system in the Buffer Zone. The work was completed years ago, and the outstanding Order surfaced during a recent sale. An as-built has since been provided, there are no remaining issues, and she recommended issuing a full Certificate of Compliance with ongoing conditions. Mr. White asked whether any ongoing conditions still apply after 25 years. The Administrator confirmed that perpetual conditions remain in effect. A motion to issue a full and final Certificate of Compliance was made by Mr. Mustain, seconded by Ms. Valentino. Vote 4-0, Unanimous. Documents 82 Raleigh Tavern Road 11-6-25 CofC pics, 82 Raleigh Tavern CABP, 82 Raleigh Tavern WPA Form 8A Certificate of Compliance 242-1888, 50 Hay Meadow Road (Hughes) The Administrator reviewed the 2024 Order of Conditions for the upgraded septic system. Work is complete and stable, but wetland markers were not installed. Some invasive clearing occurred without review; soils were not disturbed, and the area is about 30 feet from the wetland and outside the 25-foot NDZ. She advised securing the COC and then applying for a Small Project Permit for ongoing invasive management. Applicant Brian Hughes explained that invasives had overtaken the area and he cleared them after an informal discussion with staff. He preferred placing wetland markers along the tree line rather than the former erosion control line, as the invasive patch did not reflect a true limit of work. He showed before-and-after photos and noted the vines had killed several trees. He asked for guidance on long-term maintenance so he would not need repeated permits. He agreed to install markers on trees where the grade is flat and use posts where the slope drops off. The Administrator confirmed the proposed marker locations are outside the 25-foot NDZ. She noted the invasive clearing was not included in the Order, and the Commission typically does not issue a COC when compliance issues remain. A Modification to the Order could incorporate the cleared area and allow a formal maintenance plan to be recorded with the COC. Mr. Hughes said he may add topsoil and seed with native species but needs time to develop a plan. He does not plan to do additional work this fall. The Applicant agreed to withdraw the COC request and return with a Modification addressing the cleared area and the marker placement. Previously submitted documents will remain valid for resubmittal. A motion to continue the hearing to December 10, 2025, was made by Mr. White and seconded by Mr. Bohenek; the motion was later withdrawn. No action was taken. Documents 50 Hay Meadow Road 11-6-25 CofC req. Pics, 50 Haymeadow ABP, 50 Haymeadow WPA Form 8A 2025-11-12 Conservation Commission Minutes Page 3 of 9 Certificate of Compliance 242-1783, 1160 & 1116 Great Pond Road - South Entrance (Brooks School) The Administrator reported that the 2020 Order covered removal of the former south entrance driveway, restoration to lawn and meadow, and installation of a rain garden. A waiver was granted for work within the NDZ/NBZ. The driveway later became the main campus entrance after the applicant purchased and demolished 1116 Great Pond Road for new faculty housing. Only a small portion of that work was within the Buffer Zone. Required mitigation, including the stone wall and stormwater measures, is complete. The site is stable and erosion controls are re required documents were submitted. Anthony Cleaves of Haley Ward was present. A motion to issue a full and final Certificate of Compliance was made by Mr. Mustain, seconded by Mr. Bohenek. Vote 4-0, Unanimous. Documents Brooks School CofC Pics 08-06-25, 220519_Brooks Admission Compliance Letter - ATLA, Brooks admissions compliance WBA, Brooks Boathouse South Entrance-admissions cert compl form 242-1783, Brooks Boathouse South Entrance-admissions cert compl request 242-1783, Brooks South Ent-Admissions- Main St asbuilt, Brooks South Entrance asbuilt-update, Brooks South Entrance-admissions cert compl request 242-1783-update, Rooter Man 19448541 Certificate of Compliance 242-1839, 1160 & 1116 Great Pond Road - Boat House (Brooks School) The Administrator reported that the 2022 Order of Conditions covered demolition of the old Brooks School boathouse structure, construction of the new boathouse outside the 50 foot NBZ, new ADA access paths, grading, a gravel access drive, and lawn restoration near the shore. Reinforced lawn was installed between the boathouse and launch for occasional vehicle use, and the former Lyman boathouse footprint, now a reestablishing wetland, was replanted. Plantings are doing well, the site is stable, erosion controls are removed, and wetland markers are in place. She noted no concerns during her site visit. A prior Modification to expand the gravel area at the shore has resolved past flooding and mud issues and is working well. Anthony Cleaves of Haley Ward was present. A motion to issue a full and final Certificate of Compliance was made by Mr. Mustain, seconded by Mr. White. Vote 4-0, Unanimous. Documents 230913_Brooks Boathouse Compliance Letter - ATLA, 231220_Brooks Faculty Housing Compliance Letter - ATLA, Brooks boathouse compliance HW, Brooks Boathouse Faculty Housing cert compl form 242-1839, Brooks Boathouse Faculty Housing cert compl request 242-1839 update, Brooks Boathouse Faculty Housing cert compl request 242-1839, Brooks Boathouse Site Asbuilt-update, Brooks Boathouse-Faculty Housing Site Asbuilt, Brooks Faculty Housing compliance WBA, Rooter Man 19448541 Small Project NACC #352, 725 Boxford Street (Watson) The Administrator said the project is an in-kind replacement of the existing 44 by 14 deck at the rear of the house, including five new pre-cast footings. A mini-excavator will dig the footings. Access will be from the driveway across the lawn to the rear. The deck work is 88 feet from the wetland; access will be slightly closer but protected with erosion controls. Contractor Bill Watson said the deck is failing because it never had proper footings. The Administrator said the work qualifies as a Small Project Category B (in-kind deck replacement). Staff recommended installing an 8-inch straw wattle as shown on the plan, pre-construction inspection and a post- construction inspection. 2025-11-12 Conservation Commission Minutes Page 4 of 9 Mr. Mustain questioned whether this is the right category since the original deck lacked footings. He asked the contractor to describe the existing supports and whether the new supports will be in the same locations. excavated to see what remains, but the exis Ms. Valentino confirmed the rear retaining wall shown in the photo will remain. White and seconded by Mr. Mustain. Vote 4-0, Unanimous. Documents Small Project Application with Supporting Materials 10 23 25, 725 Boxford Street EC Aerial, IMG_2610, IMG_2617, IMG_2609 Request for Determination of Applicability 24 Farnum Street (DeGirolamo) The Administrator said the project involves removing the front steps and deteriorating flagstone wall, then installing a new retaining wall, granite steps, and a walkway from the driveway to the front door. The current closest point to the wetland is 31 feet. The new work shifts farther away, with the closest point now 52 feet. All work is outside the 25-foot NDZ. A skid steer and mini excavator will be used, with equipment and materials stored on the paved driveway. No dumpster is needed. Antonio DeGirolamo, the Applicant said the small red-triangle area on the plan will become pavers; the rest will be loam and grass. That area is now a mix of dry-stacked flagstone and driveway. Ms. Valentino asked if the area between the old and new retaining walls will be paved. Mr. DeGirolamo said a permeable paver option is available for this area if the Commission prefers. Mr. Mabon confirmed the project disturbs within 31 feet and constructs new work at 52 feet, with some paver changes inside the 50-foot NBZ. No abutters were present. The Administrator said erosion controls will surround the work area and recommended closing the hearing and issuing a Negative Determination #3 with conditions for erosion controls and pre- and post-construction inspections. 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. White. Vote 4-0, Unanimous. Documents RDA Application with Supporting Materials 10 28 25, 24 Farnum Street EC Aerial Image Notice of Intent (NOI) 242-1919, Stonecleave Road (LRC Builders) Ben Osgood of Ranger Engineering said they last met in October. Stormwater peer review is complete and the Planning Board approved the project. The only outstanding item was the alternatives analysis, which he submitted. The plan has not changed; stormwater updates were minor. Alternative 1 (preferred): Outlet from Pond 3 runs under the driveway to a level spreader on the opposite side. The driveway sits higher than the land between it and the wetlands, allowing minimal disturbance. The outlet is at grade, uses cement-lined ductile iron with about one foot of cover, and keeps a 25-foot setback. Alternative 2: Moves the outlet outside the Buffer Zone but requires routing through higher ground, a riprap swale, about 385 square feet of disturbance, and more clearing. Alternative 3: Places the outlet on the west side, also in higher ground, requiring excavation in the 50-foot NDZ and about 205 square feet of disturbance. He said placing the outlet in front of the driveway would direct water across the gravel surface and send sediment to the wetlands, so it is not recommended. Mr. Mustain asked for the top-of-dam width for Pond 3. Mr. Osgood estimated ten feet based on the detail sheet, noting a 4:1 slope and a top elevation of 98. 2025-11-12 Conservation Commission Minutes Page 5 of 9 Ms. Valentino asked for a detailed construction sequence for this area and said she would support the waiver with that added as a condition. Mr. Osgood said the NOI includes a basic sequence but he supports adding a more specific one at the pre- construction meeting. Work would include erosion controls, building the level spreader, installing the pipe, and stabilizing disturbed areas. Ms. Valentino said this area is outside the main limit of work and wants erosion controls extended and the work timed outside the rainy season. Mr. Mabon agreed this should be part of the waiver request. The Commission agreed to require a pre-construction sequence specific to the Alternative 1 outlet from Pond 3, to be reviewed and approved by staff. Mr. Osgood noted contractors usually prepare a full sequence, so this requirement can be incorporated. Mr. Mabon and the Administrator emphasized careful work at the gravel driveway crossing and the need for strong erosion controls. Ms. Valentino recommended preparing the sequence after the contractor is selected. Mr. Osgood said the sequence could be prepared by the engineer and acknowledged by the contractor. A motion to approve the waiver for the proposed design on plan CS1501 with a condition requiring a construction sequence for the pond #3 discharge area to be prepared by the design engineer, signed by the site contractor, and approved by Conservation staff before work begins was made by Ms. Valentino, seconded by Mr. Mustain. Vote 4-0, Unanimous. The Administrator said NHESP is requiring a Turtle Protection Plan prepared and monitored by an approved wildlife biologist; the project will also need an erosion control monitor. Both will report to NHESP and the NACC. Ms. Valentino asked about snow management since some driveways end near the swale and stormwater pond. Mr. Osgood said there is no formal plan; plows push snow to the sides. He agreed signage could help but plows will likely still push snow to driveway ends. Ms. Valentino asked for signs at Units 1 and 2 and along Unit 3, and for protection around the rear swale and Pond 3 to prevent dumping of leaves or debris. Mr. Osgood said fencing would create maintenance issues and the swale should stay open so it can be mowed. Ms. Valentino agreed a fence could make leaf buildup worse. The Administrator recommended signage to identify the swale as a stormwater feature that must remain open and clear. Mr. Mabon supported requirin Ms. Valentino asked whether any plantings are proposed given the wooded condition of the site. Mr. Osgood said the cluster design preserves the surrounding woods but removes trees within the work area. The developer adds a few front-yard trees but there is no formal planting plan. He noted that all areas within the limit of work will be seeded with grass. Ms. Valentino noted the project will require an NPDES permit. Mr. Osgood confirmed the disturbance is just over three acres. The Administrator stated that most disturbance is outside NACC jurisdiction and that future plantings must Mr. Mabon summarized conditions: a pre-construction sequence for the Pond 3 outlet, snow stockpiling signs Pond 3. The Administrator recommended labeling the front basin due to snow plowing concerns. No abutters were present. A motion to close and issue in 21 days was made by Mr. Mustain, seconded by Mr. White. Vote 4-0, Unanimous. Documents 2025-11-12 Conservation Commission Minutes Page 6 of 9 09-24-2025 Meeting Materials, 2025-10-28 DRAINAGE REPORT STONECLEAVE, 2025-11-03 SET STONECLEAVE NO ANDOVER, 251028_3rd_SWPeerReview_StonecleaveEstates, RC-95859_North Andover, STONECLEAVE ROAD ALTERNATIVES PLAN, STONECLEAVE ROAD PLANNED RESIDENTIAL DEVELOPMENT, STONECLEAVE Alternatives Analysis, NESP Conditions - Stonecleave 10- 8-25, NHESP Comment Letter 10-8-25, Planning Board Time Stamped Decision 11-4-25 Notice of Intent (NOI) 242-1920, 1230 Salem Street (Martin) The Administrator explained the project includes a garage, inground pool, patio, pool house and infiltration trenches, all outside the 50-foot NBZ. The engineer submitted a stormwater memo with infiltration trench calculations. At the last hearing, the NACC requested updates showing dewatering details, stockpile area, construction route, fencing and a construction sequence. All have been added. The plan notes no construction access on the south side due to the septic system. Security fencing is shown around the patio, with perimeter fencing at the base of the slope. The stockpile area is outside the Buffer Zone. Page two includes the construction sequence and dewatering detail. David Cowell of Hancock Associates and Applicant Richard Martin attended. The Administrator noted that she and the Field Inspector/Planner walked the site, confirmed the wetland line and made no changes. Mr. Cowell said they will build the pool and pool house first, then the garage. Mr. Mustain commented that the Applicant may have no way to get a truck back there in the future. Mr. Cowell said they could use timber mats over the septic leach field if access were ever needed. No abutters were present. A motion to close and issue in 21 days was made by Mr. Mustain, seconded by Ms. Valentino. Vote 4-0, Unanimous. Documents 10-22-2025 Meeting Materials, 2025.11.05-28538-NOI SP R1-Sealed Notice of Intent (NOI) 242-19xx, 121 Millpond, Millpond Townhomes (Verizon New England Inc.) The Administrator noted the project was advertised, but abutters have not been notified, so the discussion must wait until the next meeting. A motion to continue to December 10, 2025, was made by Mr. White, seconded by Mr. Mustain. Vote 4-0, Unanimous. Documents Millpond NOI Submission Enforcement Order/Violation 350 Sharpners Pond Road (Perdomo) EO follow up 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. White. Vote 4-0, Unanimous. Documents Email from takerley@wsengineers.com requesting a continuance until 12/10/25 Enforcement Order/Violation 488 Pleasant Street (Borke/Brecher) The Administrator stated the Applicant requested a continuance. is. Ms. Valentino asked that all communication with the homeowner and landscaper be in writing. 2025-11-12 Conservation Commission Minutes Page 7 of 9 Mr. Mabon stated that the Enforcement Order required plans months ago, yet the Applicant has provided only partial information and now wants more time. He called the situation troubling and said written communication is necessary. He added that full participation is expected at the next meeting. Mr. White said he was initially sympathetic, but the ongoing delays have diminished that. He said the process A motion to continue to December 10, 2025, was made by Mr. Mustain, seconded by Mr. White. Vote 4-0, Unanimous. Documents Email from jerrybrecher@gmail.com requesting a continuance until 12/10/25 Enforcement Order/Violation 242-829, Holt Road Landfill MassDEP The Administrator stated the Applicant requested a continuance. She explained she had emailed the project team at CDM Smith, which includes at least one MassDEP contact. The original project engineer has retired, and the new engineer indicated the materials are now with MassDEP, since the agency owns the property. She noted the review appears to be tied up in state-level bureaucracy and may take time. The Applicant did not request a specific date, and she recommended continuing the matter to the next meeting. A motion to continue to December 10, 2025, was made by Mr. Mustain, seconded by Ms. Valentino. Vote 4-0, Unanimous. Documents Email JonesNE@cdmsmith.com requesting a continuance until 12/10/25 Decision 242-1915, 351 Willow Street (Muffin Realty Trust) The Commission reviewed the draft Order of Conditions and agreed to require a $10,000 performance bond. Condition 44 requires a designated trash receptacle to be used appropriately in perpetuity. Condition 58 requires the area to remain free of debris, leaf litter and trash, with inspections at least twice per year. Condition 66 requires a Massachusetts PLS. Condition 59 states mitigation plantings must be installed by May 30, 2026. A motion to approve the Order of Conditions as drafted and amended was made by Mr. White, seconded by Ms. Valentino. Vote 4-0, Unanimous. Decision 242-1920, 1230 Salem Street (Martin) The Commission reviewed the draft Order of Conditions and agreed to require a $3,500 performance bond. Condition 77 requires the infiltration trenches to be inspected at least twice per year. The pre-construction meeting will include selecting fixed photo observation points for weekly and storm reports with the erosion control monitor and Conservation staff. A motion to approve the Order of Conditions as drafted and amended was made by Mr. Mustain, seconded by Ms. Valentino. Vote 4-0, Unanimous. Decision 242-1919, Stoncleave Road (LRC Builders) The Commission reviewed the draft Order of Conditions and agreed to require a $25,000 performance bond. Snow stockpiling and stormwater signage must be installed before occupancy. A construction sequence for stormwater pond 3, prepared by the engineer and signed by the contractor, is required at the pre-construction meeting. All plantings must come from the approved town list. A signed O&M Plan and the Turtle Protection Plan are required. Protective measures for state-listed turtles apply to any construction between April 15 and October 15. The wildlife biologist must attend the pre-construction meeting. The NHESP approval letter will 2025-11-12 Conservation Commission Minutes Page 8 of 9 be attached as an appendix. Condition 36 should specify a 3:1 slope unless otherwise shown on the approved plan. A motion to approve the Order of Conditions as drafted and amended was made by Mr. Mustain, seconded by Ms. Valentino. Vote 4-0, Unanimous. Adjournment A motion to adjourn at 9:15 p.m. was made by Mr. White, seconded by Mr. Mustain. Vote 4-0, Unanimous. 2025-11-12 Conservation Commission Minutes Page 9 of 9