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HomeMy WebLinkAbout2026-03-11 Conservation Commission Minutes Approved 03/25/2026 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 March 11, 2026 Members Present: Matthew Bohenek, Sean F. McDonough, Albert P. Manzi Jr., Chairman, Marissa Valentino, and Bradley S. Mustain Members Absent: John T. Mabon, Vice Chairman, and David F. White Staff Members Present: Amy Maxner, Conservation Administrator and Alexyss Langevin, Conservation Field Inspector/Planner Meeting came to Order at: 7:02 p.m. Quorum Present. Pledge of Allegiance Newly Revised 12th ed., §4:56 Acceptance of Minutes A motion to accept the minutes of February 11, 2026, as drafted, was made by Mr. Bohenek, seconded by Mr. McDonough. Vote: 40, Unanimous. Certificate of Compliance 242-1903, 186 Bradford Street (Ghikas) The Administrator reported the project was completed in accordance with the Order of Conditions issued in October 2024 for abandonment of the septic system and connection to the Town sewer via a force main. The Order was modified twice: first to allow a gas connection in the street, and second to permit installation of a gas-powered generator. The generator received a waiver from the 25-foot NDZ within a lawn area, with conditions requiring restoration with natural vegetation, installation of a split rail fence, and placement of wetland markers. Erosion controls have been removed, the site is stable, and all required markers are in place. A motion to issue a full and final Certificate of Compliance was made by Mr. Mustain, seconded by Ms. Valentino. Vote: 40, Unanimous. Documents 186 Bradford St CABP, 186 Bradford WPA Form 8A, COC Checklist - 186 Bradford Street 02 12 26, Eng. Cert. Letter 186 Bradford Small Project NACC #355, 894 Great Pond Road (Childs) The Administrator stated the project comes under a Small Project Catego portion of the existing interior stone foundation wall of a barn with poured concrete, and removal of a chicken coop, with the foundation to remain. Work will occur primarily within the barn. Construction access will be via the existing driveway, with debris removed to a dumpster on-site. The property is located near Lake Cochichewick and associated Bordering Vegetated Wetland (BVW). A small triangular area of temporary crushed stone access and associated erosion controls will be located within the 100-foot Buffer Zone. Erosion controls will be installed along the existing stone wall prior to construction, and the access area will be removed and stabilized upon completion. The Administrator recommended the Commission appr conditions, including a pre-construction meeting, inspection of erosion controls prior to work, and post- construction verification of site stabilization. Ms. Valentino confirmed the crushed stone access is temporary and requested a condition requiring its removal and site stabilization. Maureen Herald of Norse Environmental was present. discussed was made by Mr. McDonough, seconded by Mr. Mustain. Vote: 40, Unanimous. Documents 894 Great Pond CSP, 894 Great Pond NACC Filing Modification 242-1882, 350 Winthrop Avenue (DSM Realty, Inc) The Administrator presented a request to modify the Order of Conditions for the Market Basket Plaza redevelopment at 350 Winthrop Avenue. The original Order, issued in February 2024, governs redevelopment stormwater improvements, and loading dock and utility upgrades. The site contains several wetland resource areas, including BVW, Buffer Zones, perennial streams, the 200-foot Riverfront Area, and the 100-year Floodplain. The Order was amended in July 2025 to allow installation of an underdrain system beneath the parking lot to address a perched water table condition, which has since been completed. The current by HomeGoods and Marshalls, requiring minor adjustments to the loading dock configuration and associated site features. No additional disturbance to jurisdictional resource areas is proposed. A motion to approve the Modification as proposed was made by Mr. Mustain, seconded by Ms. Valentino. Vote: 40, Unanimous. Documents 242-1882, 350 Winthrop Avenue AOOC, 2026-02-10 - Cover Letter - Insubstantial Site Plan Change & Modification to Order of Conditions, 2026-02-10 - Insubstantial Site Plan Change & Modification to Order of Conditions, Modification Checklist - 350 Winthrop Avenue 02 12 26 Modification 242-1894, 1101 Turnpike Street (Mass Electric Company) The Administrator presented a request to modify the Order of Conditions issued in December 2024. The original Order governs parking expansion, retaining wall construction, and installation of non-jurisdictional gravel wetlands for stormwater management. Previously approved jurisdictional work included approximately 81 sq ft within the Riverfront Area and approximately 600 sq ft of permanent impact within the 100-foot Buffer Zone associated with conversion of lawn to impervious parking. The proposed Modification includes installation of a new underground power duct bank extending along the access driveway to the rear parking lot, terminating at a 7-foot by 7-foot transformer pad to serve 24 electric vehicle charging stations. Work will occur within the Buffer Zone, Riverfront Area, and 50-foot NBZ. All jurisdictional work will be located within existing paved surfaces and will result in temporary disturbance only. Shane Michniewicz and Karen Staffier of VHB were present. Mr. Michniewicz stated that a request for an insubstantial project change had been approved by the Planning Board. Mr. McDonough asked the distance from the transformer pad to the nearest wetland. Mr. Michniewicz stated the pad is located outside the 50-foot NBZ but within the 100-foot Buffer Zone. 2026-03-11 Conservation Commission Minutes Page 2 of 5 Mr. McDonough confirmed that work within the 50-foot NBZ would be temporary and asked whether an alternatives analysis had been completed. The Administrator stated an alternatives analysis was not prepared, as the trench route was limited to existing paved areas to avoid impacts to wetlands and underneath building structures. Mr. Mustain noted the application is technically incomplete without an alternatives analysis. A motion to approve the Modification, contingent upon submittal of a written alternatives analysis, was made by Mr. McDonough, seconded by Mr. Bohenek. Vote: 40, Unanimous. Documents 1101 Turnpike Street - Letter of Minor Project Change 2026-02-05, 1629300_North-Andover-PLAN SET - 2026-01-16, Site Overview - North Andover Facility Notice of Intent (NOI) 242-1923, 520 Great Pond Road (North Andover Country Club) The Administrator provided an update on the third-party arborist peer review. Save A Tree was selected, and the Country Club Board has approved funding. Staff will execute the contract upon receipt of payment. The arborist noted a site visit requires snow-free conditions. The Administrator reported that the Field Inspector/Planner evaluated several trees along Fairway 7, primarily ash trees impacted by Emerald Ash Borer. Many were observed to be dead or declining and located in areas of frequent golfer activity. The Field Inspector/Planner identified several hazardous trees recommended for removal. Staff consulted with Planning Director Jean Enright and brought the matter before the Commission due to the active Notice of Intent at the site. Boyd Holk, General Manager, North Andover Country Club, stated the trees are distributed along the fairway and many have been dead for some time. The Club proposes cutting the trees low and leaving the stumps, with work performed under frozen or hard dry ground conditions to minimize disturbance. The Commission discussed the proximity of several trees, particularly Trees 18, to a potential Bordering Vegetated Wetland (BVW). The Field Inspector/Planner noted that snow cover limited field verification, though aerial imagery suggests portions may be near or within a resource area. Equipment access and protection of resource areas were also discussed. The Administrator clarified that hazardous tree removal may proceed under standard protocol, separate from the Notice of Intent (NOI) project located elsewhere on the course, with conditions restricting heavy equipment near wetlands. The Commission took no formal action on the tree removal at Fairway 7, considering the existing hazardous tree removal administrative approval protocol. A motion to continue the hearing to April 22, 2026, to allow time for the arborist review, was made by Mr. Mustain, seconded by Ms. Valentino. Vote: 40, Unanimous. Documents 01-28-2026 Meeting Materials, NA Country Club MEMO Additional Tree Removal Request, SavATree North_Andover_Proposal_NRC, Thomas O. Miles_SavATree_CV 2025 Notice of Intent (NOI) 242-1925, 83 Academy Road (Stevens) The Administrator provided an overview of the project, which involves removal of an existing failed septic tank and leaching area and installation of a new septic tank, distribution box, and Presby-type leaching system to meet Title 5 requirements. The system will serve both the main house and the carriage house. The proposed leaching facility will be located within the 100-foot Buffer Zone, greater than 50 feet from the Resource Area. Grading will occur within the 50-foot Buffer Zone, with existing tank removal work proposed within the 25- foot NDZ. Disturbed areas will be restored, loamed, and seeded. The Administrator noted the Commission previously issued a Negative Determination (#3) in May 2025 for work at the carriage house, during which 2026-03-11 Conservation Commission Minutes Page 3 of 5 the wetland delineation was reviewed. The Board of Health has approved the design, the application is complete, and a DEP File Number has been issued. Ms. Valentino asked about existing and proposed surface conditions within the 50-foot Buffer Zone. Dennis Griecci of Andover Consultants, stated the area is currently maintained lawn on a slope and the system will be installed within the previously disturbed lawn area. No abutters were present. A motion to close the hearing and issue a decision within 21 days was made by Mr. McDonough, seconded by Mr. Mustain. Vote: 40, Unanimous. Documents 25.208 83 Academy Road N. Andover - Septic, 83 Academy_Fee Calculation Worksheet, Compiled NOI_83 Academy, presentation_Academy Notice of Intent (NOI) 242-19xx, 200 Bridle Path (Heffernan) The Administrator provided an overview of the project, which includes construction of an Accessory Dwelling Unit (ADU), a front addition within the existing driveway footprint, rear additions for a porch and enclosed stairway, conversion of an existing seasonal porch to a four-season porch, and rehabilitation of an existing patio and deck. The dwelling predates local wetlands regulations, resulting in site constraints, with portions located within the 50-foot NBZ and the existing seasonal porch within the 25-foot NDZ. Proposed work also includes driveway widening and installation of an infiltration trench, with the closest rear enclosed porch work approximately 18.6 feet from the wetland. The Administrator reported that staff confirmed the wetland delineation in the field yesterday with no changes to flagging. Plan revisions are needed to show additional fencing, propane tanks, and a nearby catch basin. The Planning Board peer review letter was included, with test pits for the infiltration trench identified for further discussion. Given the encroachment into the 25-foot NDZ, mitigation should be considered as part of any waiver request. Dennis Griecci of Andover Consultants, and Alyssa Heffernan, homeowner, were present. Mr. Mustain requested information on alternatives and details on the proposed second-story porch and enclosed stairway. Mr. Griecci stated the porch would be elevated with pervious surface below and the stairway supported on footings within previously disturbed lawn area. Mr. Mustain asked whether mitigation plantings were proposed within the 25-foot NDZ. Mr. Griecci stated no mitigation plan had been submitted and that the Applicant would address this with the Commission. Ms. Valentino raised concern regarding the location of the infiltration trench and potential soil compaction from construction access, and requested further review. Mr. McDonough requested clarification on existing and proposed conditions at the rear of the house and expressed concern regarding the extent of new construction, noting that additional alternatives analysis may be warranted. Pam Yameen, 224 Bridle Path, spoke in support of the project. The Administrator summarized two written comment letters. One from 137 Brentwood Circle referenced impervious area concerns but appeared to pertain to a different property. A second letter from 691 Great Pond Road clarified the concern and noted elevation differences. Ms. Valentino requested additional information on alternatives to reduce impacts within the Buffer Zone. Ryan Heffernan, property owner, stated the rear stair design is intended to connect the ADU to the garage and main residence while minimizing excavation near the wetland. Mr. Bohenek requested that the Applicant provide a mitigation plan at the next hearing due to the encroachment into the 25-foot NDZ. The Commission directed the Applicant to return with revised materials addressing comments raised and, if available, input from the upcoming Planning Board hearing. A motion to continue the hearing to April 8, 2026, was made by Mr. McDonough, seconded by Mr. Bohenek. Vote: 40, Unanimous. 2026-03-11 Conservation Commission Minutes Page 4 of 5 Documents 200 Bridle Path 03-10-26 Pics,200 Bridle_Fee Calculation Worksheet, 2026-03-03_ Andover Consultants response to 1st peer review comments, 260227_1stHW_SWPeerReview_200BridalPath, Compiled NOI_200 Bridle Path, Heffernan ADU Rear-Stair Letter, presentation_Bridle Path, Site Plan_Bridle Path_REVISION 2026-03-03, Site Plan_Bridle Path, Town of North Andover Mail - Statement for the NOI submission at 200 Bridle Path, YEE, Connie_Statement for NACC Meeting 20260225 Notice of Intent (NOI) NACC #356, 65 Berkeley Road (Teberio) The Administrator provided an overview of the project, which includes construction of an Accessory Dwelling Unit (ADU), stairs, and a patio within the 100-foot Buffer Zone, but outside the 50-foot NBZ, to an offsite Isolated Vegetated Wetland (IVW). The project is jurisdictional under the local bylaw only. The wetland delineation on the abutting Royal Crest property was previously approved under an ORAD and remains valid. A portion of the proposed ADU will occupy the footprint of an existing rear deck. An existing shed is located partially within the 50-foot NBZ, with a corner extending into the 25-foot NDZ, and was installed without permits; the Applicant indicated it will be removed. The Administrator noted that plan revisions are needed and that the project will require review by the Zoning Board of Appeals (ZBA) for side yard setback relief. Additional plantings and stormwater management measures were recommended for consideration. Mr. Mustain asked about stormwater management and potential infiltration measures, and whether the proposed patio would be pervious. Maureen Herald of Norse Environmental, stated the patio was not initially proposed as pervious but could be revised if required. Mr. Manzi asked about drainage relative to the adjacent Royal Crest property. Ms. Herald stated the site is at a higher elevation and no drainage issues have been observed. As the project is pending review by the ZBA, the hearing was continued. A motion to continue to April 22, 2026, was made by Mr. Mustain, seconded by Mr. McDonough. Vote: 40, Unanimous. Documents 65 Berkeley Road 03-10-26 Pics, Architectural Plans, NOI 65 Berkeley Road, Plan 65 Berkeley Road North Andover MA 24X36 Proposed Conservation Plan 02242026 signed Decision 242-1925, 83 Academy Road (Stevens) The Commission reviewed the draft Order of Conditions. 8:16 p.m., Ms. Valentino leaves the meeting. 8:17 p.m., Ms. Valentino rejoins the meeting. Mr. Manzi raised a question regarding erosion control language, including whether to specify materials or reference approved plans. The Commission discussed standard practice and agreed that conditions should reference the approved erosion and sediment control plan. Mr. Bohenek asked about a retaining wall shown on the plans. The Administrator noted that any proposed work on the retaining wall would require further review by the Commission, and can be specifically noted in the Order. The Commission agreed that a $2,000 bond is sufficient. A motion to approve the Order of Conditions, as drafted and amended, was made by Mr. McDonough, seconded by Ms. Valentino. Vote: 40, Unanimous. Adjournment A motion to adjourn at 8:30 p.m. was made by Mr. McDonough, seconded by Ms. Valentino. Vote: 40, Unanimous. 2026-03-11 Conservation Commission Minutes Page 5 of 5