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HomeMy WebLinkAbout2026-01-14 Conservation Commission Minutes Approved 01/28/2026 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 January 14, 2026 Members Present: Marissa Valentino, Albert P. Manzi Jr., Chairman, John T. Mabon, Vice Chairman, Bradley S. Mustain, and David F. White Members Absent: Matthew Bohenek and Sean F. McDonough Staff Members Present: Amy Maxner, Conservation Administrator and Alexyss Langevin, Conservation Field Inspector/Planner Meeting came to Order at: 7:00 p.m. Quorum Present. Pledge of Allegiance Newly Revised 12th ed., §4:56 Acceptance of Minutes A motion to accept the minutes of December 10, 2025, as drafted was made by Mr. White, seconded by Mr. Mustain. Vote 4-0, Unanimous. Certificate of Compliance 242-949, 492 Sutton Street (Northeast Storage Corp.) The Administrator reported on the original Order of Conditions (issued 1999; modified 2000) for a self- storage facility, which concluded construction in 2003. Close-out work, undertaken by Williams & Sparages, was prompted by a recent airport Order to resolve all outstanding Orders on the property. Williams & Sparages reviewed the 2004 as-built plan and a May 2003 memo identifying discrepancies, conducted site visits, and found the site stable despite consistent discrepancies. Mr. Mustain questioned the absence of a trash rack on the outfall and raised concerns about downstream debris. Mr. Mabon asked which building lacked gutters; the Administrator identified the building on the plan. Chris Sparages of Williams & Sparages confirmed he subsequently directed the owner to install a trash rack, which is now in place, and provided photo documentation. A motion to issue a full and final Certificate of Compliance was made by Mr. Mustain, seconded by Mr. Mabon. Vote 4-0, Unanimous. Documents 12-3-25 Pics, As-built Plan (040316), CB cleaning Invoice Dec. 2025, Conservation-CoC-Request-\\#492 Sutton-, wpafrm8a-492 Sutton Street Modification 242-1917, 989 Salem Street (Moriarty) The Administrator stated this item was continued from December 10, 2025. The original Order (issued October 2025) permitted driveway work, a front walkway, steps, grading, a retaining wall, and mitigation plantings, with waivers granted for work within the 25- and 50-foot buffer zones. The Applicant subsequently reported an incorrect retaining wall location and unnecessary pavement. The modification removes pavement at the front of the property, adds 475 sq ft of mitigation for a total mitigation area of 1,185 sq ft, and includes two 8×8 sheds located outside the 50-foot buffer with stone drip edges. Revised waiver materials and an updated alternatives analysis were submitted. The Administrator noted the revised retaining wall is closer to the BVW than on the approved plan. Mr. Mustain supported the majority of the changes but opposed the new proximity of the wall to the BVW. Ms. Valentino recalled the deciduous tree being used as a reference point during the site visit and noted the revised alignment angles closer toward the BVW, requesting another look. Mr. Manzi stated the original Order reflected the site visit and that the modification request appears to stem dentifies driveway expansion as necessary for safe vehicle exit and that a feasible alternative located entirely outside the 25-foot NDZ was not identified. Colin Moriarty, the Applicant, explained that his former engineer misinterpreted direction provided during the site visit. Mr. Moriarty explained that the existing slope sheds water directly downslope toward the BVW and that the revised wall location and grading would slow and distribute sheet flow, increase infiltration, and reduce direct runoff. He stated the modification removes unnecessary pavement, provides additional native plant mitigation, and expands turf restoration to improve infiltration and sheet flow. Mr. Mustain stated the originally approved wall location provided sufficient yard space and that the modification pushes further toward the BVW without demonstrated necessity. Mr. Manzi stated the modification includes reduced impervious area, increased mitigation, and improved drainage performance, and that the change principally stems from plan interpretation issues between the Applicant and his former engineer. Mr. Mabon questioned slope stability and asked how the disturbed area would be stabilized. Mr. Moriarty agreed to install jute netting and extend native seed coverage above the wall for slope stabilization, noting the Administrator's comment that blanketing would be required for successful establishment in portions of the slope. Ms. Valentino recalled discussion of jute netting during the site visit. Mr. Moriarty stated the wall will be constructed of stone and backfilled with stone to provide drainage. He confirmed there will be no direct piping to the BVW. stone diffusers are used. Mr. Moriarty stated that only a mini-excavator and hand equipment would be used for wall construction. Mr. Manzi confirmed the proposed mitigation area totals 1,185 sq ft of native species. A motion to approve the waiver as proposed was made by Mr. White, seconded by Ms. Valentino. Vote 3-2-0, (In Favor: Valentino, White, Manzi Opposed: Mabon, Mustain). The Commission agreed to require installation of jute netting and native seed for slope stabilization. A motion to approve the Modification as proposed and discussed was made by Mr. White, seconded by Ms. Valentino. Vote 3-2-0, (In Favor: Valentino, White, Manzi Opposed: Mabon, Mustain). Documents 12-10-2025 Meeting Materials Notice of Intent (NOI) 242-1922, 121 Millpond, Millpond Townhomes (Verizon New England Inc.) The Administrator stated the project involves installation of underground conduit at Buildings 8, 10, 13, and 18. At the last meeting, the Commission raised concerns with the proposed route at Building 13 due to its proximity to the pond bank and large tree root systems. The Commission requested peer review by a certified arborist and further evaluation of alternative routes. Email correspondence from the design engineer and a report from Heirloom Tree and Shrub (Chris Wood, Certified Arborist) were included in the packet. Mr. Manzi stated that routing at Building 13 remained his concern and confirmed a waiver is being requested. He asked the consultant to speak to the justification for the waiver and lack of viable alternatives. 2026-01-14 Conservation Commission Minutes Page 2 of 5 Jarret Bastys of Verdantas, on behalf of Verizon New England, stated the rear route is the most practical due to pavement, garage courtyards, and underground utilities at the front of the buildings. He noted Chris Wood reviewed the trees and recommended 1012 foot setbacks. The alignment would remain as close to the an air spade would be used to expose and work around roots. Mr. White asked whether the Commission could grant the waiver contingent on adherence to the arborist recommendations and whether site observation would be required since the work will be backfilled the same day. The Administrator stated an on-site monitor is typical for Orders of Conditions and could be required during excavation. Mr. White noted his concern is both tree preservation and the potential consequences of tree failure along the pond bank. The Administrator summarized that alternatives through the front of the buildings are impractical due to through the rear avoids these conflicts, though it is within the buffer and NBZ/NDZ. Mr. Bastys stated the communications fi-day cut- and-cover operation. Ms. Valentino asked if this is a replacement line or new service. Mr. Bastys stated he does not believe fiber exists as the complex was built in the 1970s. A motion to grant the waiver as proposed was made by Mr. Mabon, seconded by Mr. Mustain. Vote 4-0, Unanimous. No abutters were present. A motion to close and issue in 21 days was made by Mr. White, seconded by Mr. Mabon. Vote 4-0, Unanimous. Documents 12-10-2025 Meeting Materials, EMail Correspondence- Millpond Townhomes NOI, Millpond Townhomes Tree Evaluation 2026-01-12, Plans Notice of Intent (NOI) 242-1921, 243 Great Pond Road (Boyko) The Administrator stated the project includes removing the existing sport court and gravel and constructing a beds, a short retaining wall with steps, a perimeter post-and-rail wired fence, and an internal French drain connected to the Town sewer system. Work is within the Riverfront Area and Buffer Zone to BVW. The fence is within the 50-foot NBZ and at the 25-foot NDZ, which the Commission previously did not find problematic. The stormwater peer review has been completed, and the Planning Board closed their hearing and issued its Watershed Special Permit on January 6. Plan revisions included utility connections, changing the greenhouse floor from crushed stone to a concrete slab, and providing calculations for impervious surface reduction. Project consultants were present. No abutters were present. A motion to close and issue in 21 days was made by Mr. White, seconded by Ms. Valentino. Vote 4-0, Unanimous. Documents 12-10-2025 Meeting Materials, 12-19-25 243 Great Pond Road - REVISED SITE PLAN, 12-19-25 243 Great Pond Road - REVISED Stormwater Report, 12-19-2025 EMail - Re\\_ 243 Great Pond Road 2nd Response material, 251222\\_3rd\\_SWPeerReview\\_243 Great Pond Road, 260106 243 GPR PB Timestamped Decision Notice of Intent (NOI) 242-1924, 1591 Osgood Street (Singh Realty Group LLC) 2026-01-14 Conservation Commission Minutes Page 3 of 5 The Administrator stated a DEP File Number has not yet been issued, so the hearing cannot be closed. She reviewed the latest plans, noting demolition of existing structures and pavement, and construction of a new four-story mixed-use building with 112 parking spaces, utilities, and stormwater management on a 2.85-acre parcel. Stormwater management includes catch basins and two subsurface infiltration systems discharging to the municipal system. Work is within the Buffer Zone and will restore currently paved/disturbed areas within the 50-foot NBZ. Staff reviewed two wetland systems (one onsite, one offsite) with no flag changes. The Planning Board completed peer reviews for stormwater, civil, and traffic, and issued a Special Permit on January 6th. Peer reviewers are satisfied, and issues from the last hearing have been addressed. Erik Poulin of Jones & Beach stated he submitted a response letter addressing prior comments including: confirmation of separation distances for the infiltration system; relocation of the dumpster outside the Buffer Zone; breakout risk analysis for the subsurface system; submittal of a recent Phase I environmental report showing no contamination evidence; agreement to add silt sock with silt fence; and addition of a six-foot solid stockade fence on a one-foot berm at the rear for both wetland protection and headlight shielding. He noted MassDEP had no technical comments and the Planning Board stormwater review is complete. Mr. Mustain appreciated the dumpster relocation and stormwater responses. He questioned whether the infiltration chambers could be wrapped along the sides with an impermeable membrane to reduce breakout risk, and asked if the building would be slab-on-grade or include a basement. Mr. Poulin confirmed slab-on-grade and stated he was comfortable adding a vertical impermeable barrier around the chamber perimeter, noting it would not alter stormwater modeling assumptions. This would apply to the rear system. Mr. Mustain asked how maintenance would be ensured, given reliance on isolator rows and rapid infiltration. The Administrator stated past Orders have required full inspection and maintenance prior to Certificate of Compliance issuance, with annual reporting as an ongoing recorded condition. The Planning Board has similar requirements. Mr. Poulin believed annual reporting is included in the Planning Board decision and noted the client will own the building, providing incentive for upkeep. Mr. Mabon asked if a waiver was requested. The Administrator stated pavement removal within the 50-foot NBZ is considered restoration and does not require a waiver. Mr. Poulin stated he would confirm but did not believe a waiver was needed. Ms. Valentino raised concerns about snow storage capacity, recommending a condition for off-site trucking above a certain volume to protect wetlands. Mr. Poulin agreed to re-evaluate the landscaping plan to expand alternative grass storage areas and will consider adding height limits, acknowledging the site's slope challenges. The Administrator will borrow language from a previous Order for the snow storage condition. A motion to continue to January 28, 2026, was made by Mr. White, seconded by Ms. Valentino. Vote 4-0, Unanimous. Documents 12-10-2025 Meeting Materials, 01-05-26 Hancock FINAL Civil peer review Letter, 3rd HW Stormwater Peer Review 1-6-26, 1591 Osgood - PB timestamped decision, 24224-Planset (01-05-26), DEP Correspondence, Elevation and Floor Plans, HW FINAL Stormwater Peer Review 1-6-26, HW FINAL Stormwater Peer Review 1-6-26, Response Letter 1-5-26, Response Letter to Con Com 1-5-26 Notice of Intent (NOI) 242-1923, 520 Great Pond Road (North Andover Country Club) The Administrator stated the Applicant could not attend and requested a continuance. She recommended opening the hearing and continuing it to the January 28, 2026 meeting. A motion to continue to January 28, 2026, was made by Ms. Valentino, seconded by Mr. Mabon. Vote 4-0, Unanimous. Documents Email from mail@norseenv.com requesting a continuance until 01/28/26 2026-01-14 Conservation Commission Minutes Page 4 of 5 Decision 242-1922, 121 Millpond, Millpond Townhomes (Verizon New England Inc.) The Commission reviewed the draft Order of Conditions and agreed to include the arborist report as an recommendations, with the wetland monitor on site for trenching and direct observation at Building 13. A $3,000 performance bond will be required. The Commission authorized the Administrator to excuse anyone unable to attend the pre-construction meeting. Wetland markers will be verified and installed if missing. 8:08 p.m., Ms. Valentino leaves the meeting. 8:10 p.m., Ms. Valentino rejoins the meeting. 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 242-1921, 243 Great Pond Road (Boyko) The Commission reviewed the draft Order of Conditions and agreed to require a $2,500 performance bond. Dewatering will remain a standard condition. A motion to approve the Order of Conditions as drafted was made by Mr. Mabon, seconded by Ms. Valentino. Vote 4-0, Unanimous. General/New/Old Business Wetland Protection Bylaw Amendments Subcommittee Initial Report The Commission discussed proposed amendments to the Wetland Protection Bylaw, specifically the definition of jurisdictional and Resource Areas and the conflict with the Zoning Bylaw for calculating Contiguous Buildable Area (CBA). The Administrator noted the current bylaw defines the entire 100-foot Buffer Zone as a Resource Area, although work is allowed between 50100 feet. Under Zoning, Resource Areas cannot count toward CBA, making it difficult for Applicants to determine buildable upland. Mr. Manzi stated the 50100 foot Buffer Zone is upland and should not be defined as a Resource Area. He stated Conservation should revise its definitions so Applicants are not penalized under Zoning. Ms. Valentino disagreed and stated the ZBA/Building Department relies on Conservation terminology for Zoning purposes and should adjust its definitions rather than Conservation changing wetland terminology. She acknowledged the conflict creates challenges for Applicants. Members noted the conflict creates confusion among departments, affects permitting, and delays project feasibility determinations. surface definition. Valentino noted the current wording requires a deposit sufficient Ms. Valentino stated she would circulate notes, comments, and recommended language revisions to the subcommittee before the next meeting and asked whether there had been discussion of a Conservation stormwater bylaw. Mr. Manzi clarified the Town has a stormwater bylaw administered by the Planning Board. Adjournment A motion to adjourn at 8:38 p.m. was made by Mr. White, seconded by Ms. Valentino. Vote 4-0, Unanimous. 2026-01-14 Conservation Commission Minutes Page 5 of 5