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HomeMy WebLinkAbout2026-04-08 Conservation Commission Minutes Approved 04/22/2026 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 April 08, 2026 Members Present: Matthew Bohenek, David F. White, Albert P. Manzi Jr., Chairman, John T. Mabon, Vice Chairman, and Bradley S. Mustain Members Absent: Sean F. McDonough, and Marissa Valentino Staff Members Present: Amy Maxner, Conservation Administrator Meeting came to Order at: 7:02 p.m. Quorum Present. Chair Albert Manzi Jr. announced that the meeting was being broadcast live on the CAMED channel (Comcast Channel 6 and Verizon Channel 28). Replays of the meeting would subsequently air on the GovCAM channel according to the regular schedule. Pledge of Allegiance Acceptance of Minutes A motion to accept the minutes of March 25, 2026, as drafted, was made by Mr. Mustain, seconded by Mr. White. Vote: 50, Unanimous. Small Project NACC #359, 25 Carriage Chase Road (Aalerud) The Administrator provided an overview of the proposed project, which includes in-kind replacement of an ! The Administrator noted the plan contains a drafting error related to wetland flag distances. Field measurements indicate the work is farther from the wetland than shown on the submitted plan. A revised plan has been requested to correct the distances.! The Administrator confirmed with the Planning Director that although the property is within the watershed, the project is considered minor and does not require watershed special permitting.! Nicholas and Meghan Aalerud, the homeowners, were present. ! A motion and the submission of a revised plan reflecting the corrected wetland distances prior to construction was made by Mr. Mustain, seconded by Mr. Mabon.! Vote: 50, Unanimous. Documents! Pics 25 Carriage Chase, Plan 25 Carriage Chase, Site Visit Findings EMail - 25 Carriage Chase - small project deck replacement and pad, Small Project Application with Supporting Materials 03 25 26 Small Project NACC #360, 365 Boston Street (Deck It, Inc.) expansion and new stairs supported on helical piles. The existing concrete landing at the bottom of the steps will remain. The finished deck will be just below 300 s.f. The closest corner of the deck will be approximately 52 feet from the BVW. The dumpster will be stored in the driveway. Roy Kent, representing Deck It Incorporated, stated the helical piles will be installed using a small helical machine, resulting in minimal disturbance and no excavation. approve the project with conditions, including installation of erosion controls, a pre-construction meeting with the contractor and conservation staff, and a post-construction compliance review. made by Mr. White, seconded by Mr. Mustain. Vote: 50, Unanimous. Documents! Small Project Application with Supporting Materials 03 30 26, Wetland Aerial Small Project NACC #361, 18 Ashland Street (Paqcon, LLC) The Administrator presented the project for a duplex owned by the North Andover Housing Authority which concrete patio at the rear egress and minor patching of the front asphalt walkway.! The patio will be located approximately 120 feet from the Merrimack River Mean High Water (MHW) line within the outer Riverfront Area and entirely within lawn. The asphalt patch will be approximately 155 feet away.! The patio is required to address a code compliance issue related to the rear egress height. Construction will utilize a mini excavator and skid steer, with material loaded into a dump truck.! with standard pre- and post-construction conditions.! by Mr. Mustain, seconded by Mr. Bohenek. The motion was amended to remove the erosion control requirement given the distance from the Resource Area.! Vote: 50, Unanimous.! Documents Wetland Aerial, EOHLC 196074 CONSERVATION DRAWINGS (1), Small Project Application with Supporting Materials 03 31 26 Modification 242-1868, 25 Gillman Lane (Lunger) The Administrator presented a request to modify the Order of Conditions issued in July 2023 for construction of an in-ground pool and associated site improvements.! The pool and patio have been completed. The modification involves changes to the deck at the rear of the house, resulting in a reduced footprint.! All work remains outside the 50-foot buffer zone. The pergola and concrete pad shown on the original plan will not be constructed.! The Administrator recommended approval of the modification with conditions requiring erosion controls to be reestablished, a pre-construction meeting, and the revised deck configuration to be reflected on the as-built plan.! Nick Lunger, the homeowner, was present.! A motion to approve the Modification as requested, with conditions as recommended, was made by Mr. Mabon, seconded by Mr. White.! Vote: 50, Unanimous.! Documents 25 Gilman APPROVED Plans 5-30-23-2, Modification 25 Gilman Lane DEP File #242-1868, Plan for modification 2026-04-08 Conservation Commission Minutes Page 2 of 6 Notice of Intent (NOI) NACC #357, 115 Candlestick Road (Comfort) The Administrator stated the Applicant has requested a continuance. A motion to continue to April 22, 2026, was made by Mr. White, seconded by Mr. Mustain. Vote: 50, Unanimous. Documents Email from Ryan@goddardconsultingllc.com requesting a continuance until 04/22/26 Notice of Intent (NOI) 242-1927, 200 Bridle Path (Heffernan) The Administrator stated the Applicant has requested a continuance. A motion to continue to April 22, 2026, was made by Mr. White, seconded by Mr. Mustain. Vote: 50, Unanimous. Documents Email from dgriecci@andoverconsultants.com requesting a continuance until 04/22/26 Notice of Intent (NOI) 242-1926, 1 Forest Street (Fallon) The Administrator presented the project to abandon a failed septic system and install a new Presby-Enviro septic system with a 1,500-gallon septic tank and distribution box. All proposed system components are located outside the 50-foot Buffer Zone. Minimal grading is proposed. The BVW delineation was confirmed to be accurate. Thor Akerley of Williams & Sparages, design engineer/sanitarian, was present. The Administrator noted the project has not yet been approved by the Board of Health (BOH). Health Department comments may require revisions to the leaching field layout; however, the system is expected to remain outside the 50-foot NBZ. Commissioners indicated they had no concerns with the project as presented. No abutters were present. The Commission agreed that a revised plan must be submitted before action can be taken. It was noted the engineer may not need to attend the next hearing if revisions remain outside the 50-foot NBZ. A motion to continue to April 22, 2026, was made by Mr. White, seconded by Mr. Mustain. Vote: 50, Unanimous. Documents Homeowner Email regarding Shed, Notice of Intent Compiled - 1 Forest Street Rev, Septic System Repair Plan - 1 Forest Street, Shed Building Permit 11-14-2005 General/New/Old Business Save North Andover Wildlife SGAR Presentation Carol Disney, founder of Save North Andover Wildlife, appeared before the Commission to request support for two Town Meeting warrant articles related to rodenticide use. Denise Dion was also present. -generation anticoagulant rodenticides (SGARs) due to impacts on wildlife, pets, and other non-target species. She explained how bait boxes function and noted rodents may leave the bait box after consuming poison, which can result in secondary poisoning of predators. Ms. Disney stated the Town is currently not using SGARs on municipal property and that the schools have also transitioned away from their use. She explained that the first article would codify the current practice on Town-owned land. Ms. Disney explained the second article proposes a home rule petition that would allow the Town to consider regulating rodenticide use on private property in the future if approved by the Legislature. Mr. Mabon asked whether Town facilities staff had weighed in on the proposal. Ms. Disney responded that the Town and schools are already not using SGARs and that the article would formalize the existing practice. 2026-04-08 Conservation Commission Minutes Page 3 of 6 Mr. Mabon commented that the article may address a problem that does not currently exist. Ms. Disney stated the intent is preventative to ensure the practice continues in the future. Mr. Manzi expressed concerns about regulating pesticide use on private property and noted pesticide applicators are licensed and regulated by the state. Ms. Disney responded that SGARs are one tool used by pest control companies and that alternative methods are available. She also noted that trash management plays a significant role in rodent populations. Mr. White asked how potential regulations on private property would be enforced. Ms. Disney stated the home rule petition would grant authority to develop regulations and that enforcement details would be determined later if the petition were approved. Mr. White commented that a statewide solution may be more effective. Ms. Disney stated the group is advocating for statewide legislation while also pursuing local action. The Administrator noted rodenticides can be easily purchased online, including through Amazon, which could make enforcement difficult. The Administrator also commented that the Wetlands Bylaw references wildlife as an interest protected, not just wildlife habitat. Mr. Bohenek asked about other communities that have adopted similar policies. Ms. Disney stated several municipalities have adopted policies or pursued home rule petitions and discussed alternative rodent management methods used elsewhere. The Chair polled the Commission regarding whether to recommend favorable action on Article 27 Regulation of Rodenticides on Town-Owned Land. Vote: 50, Unanimous. The Chair polled the Commission regarding whether to recommend favorable action on Article 26 Home Rule Petition for Regulation of Rodenticides on Private Property. Vote: 23, Motion failed (In Favor: Bohenek, Mustain; Opposed: White, Manzi, Mabon). Documents Article 26 & 27 SGARS- 2026 Town Meeting, Bylaw Petition Form, FAQ, Home Rule Petition Form, intro letter to Concom, IPM Pyramid 3.26.2025, NA Board Presentations, Pest Control Industry Claims 6 4 2025 Final LLW, SGAR-Use Banner Pest Control, Testimony_Zachary Mertz, New England Wildlife Center Dec. 2021 Enforcement Order/Violation 242-1898, Rt. 114 & Turnpike Street ROW/Jasmine Pump Station (North Andover DPW) Mr. Manzi recused himself due to a conflict of interest. Mr. Mabon assumed the role of Chair. The Administrator provided an overview of the incident. The project is being completed under an existing Order of Conditions for sewer infrastructure improvements along Route 114 and at the Jasmine Pump Station. During excavation to connect two manholes, the contractor struck a 12-inch water main. Due to difficulty locating the correct shutoff valves, water flowed into the wetland for approximately six hours, resulting in sediment deposition. The wetland consultant inspected the site the following day, flagged the extent of impact, and provided recommendations for restoration. Cleanup was completed promptly using a vac truck, with an excavator used to remove heavier gravel deposits near the slope. The area was seeded and stabilized with salt marsh hay following cleanup. Remaining work includes cleanup of sediment in the area of the dewatering bag and installation of a second row of silt sock for additional protection. Greg St. Louis of Bobrek Engineering, representing the Department of Public Works, provided a project update. He stated excavation work at the Jasmine Pump Station is complete and the dewatering location will be taken offline, allowing that area to be cleaned up. He also noted that a new shutoff valve will be installed at the location of the water main break. Electrical work and final connections are ongoing, with project closeout anticipated in May/June. Mr. Mustain commented that the issue appeared to have been addressed appropriately. Mr. Mustain asked about the delay in shutting off the water main. Mr. St. Louis explained that older municipal infrastructure and the distance to available shutoff valves contributed to the response time. 2026-04-08 Conservation Commission Minutes Page 4 of 6 The Commission discussed the proposed monitoring plan. Monitoring will occur monthly through the growing season, with a report submitted in October. At that time, the Commission will determine whether additional monitoring or restoration work is necessary. A motion to ratify and amend the Enforcement Order to require: at least one full growing season of monitoring and reporting through late October; sediment removal in the dewatering area as soon as possible; and seeding, hay mulch, and monitoring of the dewatering area once dewatering is no longer needed was made by Mr. White, seconded by Mr. Mustain. Vote: 410, (In Favor: Bohenek, White, Mabon, Mustain, Recused: Manzi). Documents! Vac Progress Pics, Daily Monitoring Report 03-30-26 _ Jasmine Pump Station Assessment, Day 2 Daily Monitoring Report _ Jasmine Pump Station Assessment, Day 3 Daily Monitoring Report _ April 3 2026 Jasmine Pump Station Assessment, EO 03-30-26 Jasmine Watermain Break - #242-1898, Jasmine Pump Station Assessment-report Final Compiled 03-27-26 Enforcement Order/Violation 242-1917, 989 Salem Street (Moriarty) Mr. Manzi recused himself due to a conflict of interest. Mr. Mabon assumed the role of Chair. The Administrator explained that an Order of Conditions was issued in October 2025 for driveway improvements, front lawn upgrades, installation of a walkway and steps, construction of a retaining wall, mitigation plantings, and relocation of a utility pole. The Order has not yet been recorded and required pre-construction conditions, including payment of the bond, have not been completed. The Administrator reported that National Grid installed the utility pole on the site the previous week. To ensure no additional work occurs prior to meeting the pre-construction requirements, an Enforcement Order was issued directing a cease and desist until all permits are issued and conditions satisfied. The Administrator noted the homeowner had been advised of the situation and that the timing of National im. The Administrator recommended the Commission ratify the Enforcement Order to clarify that no further work may proceed until all pre-construction conditions are met. Colin Moriarty, homeowner, and Dan Carr of Stamski McNary were present. A motion to ratify the Enforcement Order was made by Mr. Mustain and seconded by Mr. Bohenek. Vote: 410, (In Favor: Bohenek, White, Mabon, Mustain, Recused: Manzi). Documents #242-1917 Enforcement Order - 989 Salem 04-03-26 Amendment 242-1917, 989 Salem Street (Moriarty) Mr. Manzi recused himself due to a conflict of interest. Mr. Mabon assumed the role of Chair. The Administrator provided an overview of the request. The Commission issued an Order of Conditions in October 2025 for a driveway project and associated work at the property. In January 2026, the Commission approved a Modification which included relocating the front retaining wall -foot NBZ, and completing additional mitigation plantings. The Commission voted 32 to grant the retaining wall waiver. the 50-n the 50-foot NBZ, and installation of three air conditioning condenser units. The Administrator noted the plans do not clearly show the foundation or structural supports for the proposed structures. 2026-04-08 Conservation Commission Minutes Page 5 of 6 Chairman Manzi recused himself after it was determined he is an abutter and had not received abutter notification during the Notice of Intent process. The Commission discussed requesting an opinion from Town Counsel regarding the prior modification approval and related vote. The Commission also discussed whether the scope of the project may warrant filing a new Notice of Intent. The matter will be considered further following receipt of revised plans and guidance from Town Counsel. Mr. Mustain requested the plans identify the construction access route and soil stockpile location. The Applicant and engineer stated this information will be shown on the revised plans. Mr. Mustain asked about the location of the AC condenser units relative to the Buffer Zone. The plans indicate one condenser is located just inside the 50-foot NBZ. Mr. Mustain stated he would not support the proposed front entrance within the 50-foot NBZ. Mr. Bohenek requested additional foundation and architectural details for the proposed structures. Mr. Moriarty stated revised plans will be submitted showing the architectural design and foundation details. Dan Carr of Stamski McNary stated the proposal would add approximately 16.7 square feet of impervious area, with runoff directed to a stone drip-edge trench. The Commission requested the revised plans include the construction access route, soil stockpile location, and foundation and architectural details for the proposed structures. No abutters were present. A motion to continue to April 22, 2026, was made by Mr. White, seconded by Mr. Mustain. Vote: 410, (In Favor: Bohenek, White, Mabon, Mustain, Recused: Manzi). A motion to request an opinion from Town Counsel regarding the prior modification vote was made by Mr. White, seconded by Mr. Mustain. Vote: 410, (In Favor: Bohenek, White, Mabon, Mustain, Recused: Manzi). Documents! 7875 Abutter Notif REV. 4-8-26 Mtg, 7875 AOOC Packet, 7875 Waiver Rev (3), 7875.WPP.7, Amendment Narrative, IMG_2302, IMG_2303, IMG_2304, IMG_2305, IMG_2306, NA Wetland Reg Section 8.4 - Mods & Amendments, Town of North Andover Mail - (no subject), Town of North Andover Mail - Fwd_ 989 Salem st_ Public Comment Non-Agenda Item Kathy Makowski, 290 Sutton Street, addressed the Commission and stated she operates a cut flower farm through the New Entry Sustainable Farming Project in Beverly. 8:37 p.m., Mr. Manzi rejoined the meeting. Ms. Makowski explained that the Boxford Conservation Commission recently issued a request for proposals for the use of conservation land for agricultural purposes and that she has submitted a proposal for review. Ms. Makowski asked whether the North Andover Conservation Commission has a similar process that would allow the use of conservation land in North Andover for agricultural purposes. The Commission indicated the Town does not currently have a formal process for this type of request. Commissioners suggested Ms. Makowski submit a brief summary of the proposed activity, including acreage, materials, and farming methods, to the Conservation Administrator for review. The Commission also asked Ms. Makowski to provide a copy of the Boxford process and proposal materials for reference as the Commission considers whether a similar process could be developed. No action was taken. Adjournment A motion to adjourn at 8:41 p.m. was made by Mr. White, seconded by Mr. Mustain. Vote: 50, Unanimous. 2026-04-08 Conservation Commission Minutes Page 6 of 6