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HomeMy WebLinkAbout2026-05-13 Conservation Commission Minutes Approved 05/27/2026 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 May 13, 2026 Members Present: Matthew Bohenek, David F. White, Albert P. Manzi Jr. (Chairman), John T. Mabon (Vice Chairman), Sean F. McDonough, Marissa Valentino, and Bradley S. Mustain Members Absent: n/a Staff Members Present: Amy Maxner, Conservation Administrator and Alexyss Langevin, Conservation Field Inspector/Planner Meeting Came to Order at: 7:01 p.m. Quorum Present. Pledge of Allegiance Acceptance of Minutes A motion to accept the minutes of April 22, 2026, as drafted, was made by Mr. White, seconded by Ms. Valentino. Vote: 501 (In Favor: White, Manzi, Mabon, McDonough, Valentino; Abstained: Bohenek). Small Project NACC #362, 365 Boston Street (Uptown Landscaping) The Field Inspector/Planner presented the project, which involves placement of approximately 100 yards of screened clean loam, installation of a sprinkler system, hydroseeding, and replacement of front yard shrubs within the existing fenced area. The loam will be spread using a bobcat, the sprinkler system installed using a ditch witch, and shrubs replaced by hand. The closest point of work will be approximately 42 feet from the BVW, with the majority of work located outside of the 50-foot NBZ. Existing erosion controls from a prior deck project will remain in place. Kevin Spicer of Uptown Landscaping was present. The Field Inspector/Planner recommended the Commission find the project qualifies as a Small Project pre-construction meeting with the contractor and Conservation staff, and a post-construction compliance review. by Mr. McDonough, seconded by Mr. Mabon. Vote: 60, Unanimous. Documents Small Project Application with Supporting Materials 04 24 26, Wetland Aerial Small Project NACC #363, 30 Summer Street (Brown) The Administrator presented the project, which involves in-kind replacement of an existing deck under Small roposed work includes installation of six new footings and replacement of five existing footings. Construction debris will be stored in a mobile trailer parked in the driveway, with all work completed by hand using small portable power tools. The deck is located approximately 80 feet from the wetland Resource Area at the closest point. and 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. by Mr. McDonough, seconded by Mr. Mabon. Vote: 60, Unanimous. Documents Aerial with Wetland Measurement, Small Project Application with Supporting Materials 04 29 26 Request for Determination of Applicability 114 French Farm Road (Ciruolo) The Administrator presented the project, which consists of installation of approximately 410 linear feet of black aluminum fencing around the backyard perimeter. The fence is proposed outside of the 25-foot NDZ but within the 50-foot NBZ, requiring a waiver request to allow the fence and mowing of a single strip behind it. The work will be completed by hand with no vegetation removal proposed. Jorden Ciruolo, the Applicant, was present. The Commission discussed concerns regarding mowing within the 25-foot NDZ and access through the proposed rear gate into the NDZ area. Ms. Valentino and Mr. McDonough stated the 25-foot NDZ should remain undisturbed. The Commission discussed allowing a single gate for access, but not a double gate. Mr. White stated he was comfortable with the project as proposed, including the mowing request, noting the area The Field Inspector/Planner noted the auger shown in the site photo identifies the location of the 25-foot NDZ and that the rear of the tree does not denote the 25-foot line. Following discussion, the Applicant requested removal of the mowing request while maintaining the proposed fence alignment to avoid disturbance to the existing tree. Mr. Mabon recommended installation of wetland markers on the fence at approximately 30-foot intervals to identify the Resource Area. The Administrator recommended granting a waiver for the fence within the 50-foot NBZ and issuing a Negative Determination with conditions, including erosion controls, pre- and post-construction meetings, and wetland markers on the fence. No abutters were present. A motion to grant the waiver for the fence within the 50-foot NBZ, excluding mowing within the 25-foot NDZ, was made by Mr. McDonough, seconded by Mr. Mabon. Vote: 60, Unanimous. A motion to close the hearing and issue a Negative Determination #3, as recommended and discussed, was made by Mr. McDonough, seconded by Mr. Mabon. Vote: 60, Unanimous. Documents 25 NDZ behind tree, Fence Plan, RDA Application with Supporting Materials 04 28 26 R1, Screenshot 2026- 05- Request for Determination of Applicability Johnson Street & Mill Road ROW (Eversource Energy) The Administrator presented the project, which consists of decommissioning an existing regulator station vault within the Johnson Street and Mill Road ROW adjacent to 185 Mill Road. The proposed work includes removal of existing equipment within the vault, demolition of the vault walls and apron to approximately one foot below grade, filling the vault with demolished material and crushed stone, and restoration of disturbed areas. The adjacent gas line will be capped and abandoned. Minor excavation within Mill Road is proposed to cap the gas main and repave the roadway to grade. The Administrator noted the closest point of work is approximately 5 feet from the Isolated Vegetated Wetland (IVW). A 12-inch mulch sock is proposed around the work area for erosion control. The proposed 2026-05-13 Conservation Commission Minutes Page 2 of 10 new regulator station and associated gas main work along Johnson Street and Oaks Avenue are outside Conservation jurisdiction. Emma Verville and Rebecca Socha of SWCA Environmental Consultants were present. Mr. Mabon clarified that the jurisdictional portion of the project was limited to the vault abandonment work area adjacent to the wetland. Ms. Verville confirmed the gas line work would consist of typical trench excavation, backfill, and roadway restoration. Mr. Mabon requested clarification regarding anticipated construction duration. Ms. Socha noted the vault abandonment work is anticipated to occur in 2027 and is not expected to be a lengthy project. No abutters were present. 7:30 p.m., Mr. Mustain joined the meeting. The Administrator recommended erosion controls and pre- and post-construction inspections, noting erosion controls shall remain in place until the disturbed area is fully vegetated. A motion to close the hearing and issue a Negative Determination #3 with conditions as recommended was made by Mr. White, seconded by Mr. Mabon. Vote: 5011 (In Favor: Bohenek, White, Manzi, Mabon, Valentino; Recused: McDonough; Abstained: Mustain). Documents NDZ - NBZ -Waiver-Request-Worksheet-Updated-June 2021_MillRdRDA, RDA Project Description Worksheet_MillRdRDA, UDPATED_ERMap_20260430 RDA_Eversource_102149_MillRoad_NAndover_FINAL_28Apr2026_electronic-version Request for Determination of Applicability 863 Winter Street (DeCamargo) The Administrator presented the project, which consists of installation of a fence within the 50-foot NBZ but outside of the 25-foot NDZ. The proposed fence includes a 4-inch gap at the bottom to allow for wildlife movement. A larger project involving an inground pool, patio, pool house, and associated appurtenances is proposed outside of Conservation jurisdiction. Perimeter erosion controls are proposed to protect the wetland area during fence and pool-related work. The Administrator noted the Commission previously issued an Enforcement Order for unpermitted hardscape work within the 25-foot NDZ and 50-foot NBZ. Restoration planting was completed in June 2024 and one year of monitoring has shown successful establishment thus far, with one year of monitoring remaining. The Administrator stated that under current local regulations, fences are not allowed within the 50-foot NBZ without a waiver. She noted the proposed fence would not require removal of trees or vegetation and recommended granting the waiver and approving the project with standard erosion control and pre- and post- construction inspection conditions. Maureen Herald of Norse Environmental was present on behalf of the Applicant. Ms. Valentino and Mr. Mabon questioned whether portions of the fence alignment extended into wooded areas. Ms. Herald stated no tree removal was proposed and the fence alignment could be adjusted to avoid impacts. Ms. Valentino also noted the proposed fence alignment appeared to cross an existing stone wall and stated the wall could not be removed to accommodate fence installation. Mr. Mabon stated a fence aligned closer to the lawn edge and farther from the 25-foot NDZ would be preferable. Mr. White stated he was comfortable with the proposed fence alignment provided no trees were removed and the fence remained outside of the 25-mments. The Commission discussed the need for a revised fence layout to address the stone wall and confirm the final alignment prior to consideration of the waiver request. Ms. Herald requested a continuance to the May 27, 2026 meeting. The Administrator will visit the site with Ms. Herald to better understand vegetation conditions and any potential impacts from the fence. A motion to continue to the May 27, 2026 meeting was made by Mr. Mustain, seconded by Mr. McDonough. Vote: 70, Unanimous. Documents Plan, RDA 863 Winter Street 2026-05-13 Conservation Commission Minutes Page 3 of 10 Modification 242-1920, 1230 Salem Street (Martin) The Administrator presented the request for modification to an Order of Conditions issued in November 2025 for construction of an inground swimming pool, pool house, associated patio and appurtenances, infiltration trench, attached garage, and driveway improvements. The proposed modification includes expansion of the pool patio and apron, reduction in the size of the pool house, and expansion of the infiltration trench to maintain the previously approved stormwater management capacity. The Administrator stated a recent site inspection identified construction of a retaining wall and modifications to the pool corner that were not reflected on the approved plan. She noted the retaining wall was reportedly constructed to support the infiltration trench and that portions of the as-built conditions shown on the submitted plan were approximate. Morgan Seale of Hancock Associates and Jordan Vessal of Gilbane were present. Richard Martin, the homeowner, was present. Mr. White questioned whether the request constituted an after-the-fact modification. The Administrator confirmed the smaller pool house and retaining wall had already been constructed, while the expanded patio had not yet been installed. Mr. Mabon requested clarification regarding the location of the retaining wall relative to the wetland Resource Areas. The Administrator stated staff field measurements identified the closest portion of the wall at approximately 52 feet from the northerly wetland flag, but additional survey information was needed to confirm the as-built conditions relative to the Resource Areas, which would be more exact. The Commission discussed the need for an updated as-built survey locating the retaining wall, wetland flags, and other constructed features prior to consideration of the modification request. The Commission also clarified that no approval had been granted for the proposed patio expansion yet and no work should commence on it until approval is granted. A motion to continue to the May 27, 2026 meeting was made by Mr. White, seconded by Mr. Mabon. Vote: 70, Unanimous. Documents 1230 Salem Project Site Pics 5-7-26, 2025.05.07-28538-NOI SP R3, Mod Request Letter Modification 242-1917, 989 Salem Street (Moriarty) Re-Vote on 01/14/26 Waiver Approval Mr. Manzi recused himself from the hearing and left the room due to his status as an abutter to the property. Mr. Mabon assumed the role of Chair. The Administrator presented the request related to a modification previously approved by the Commission on January 14, 2026, involving relocation of a proposed retaining wall closer to the Resource Area. She explained that after the vote, it was determined that Mr. Manzi had participated in the waiver vote prior to realizing he was an abutter to the property. Because his vote had been the deciding vote on the waiver request, Town Counsel consulted with the State Ethics Commission and advised the Commission to vacate the January 14, 2026 waiver vote and conduct a new vote on the request. The Administrator stated the Applicant agreed to the revote procedure and executed a revote agreement prepared by Town Counsel. She further noted that Town Counsel advised that moving forward, Chairs of Town boards and commissions should vote on all matters unless recused or abstained. The Administrator reviewed the original and modified retaining wall layouts and noted the revised wall location would move closer to the Resource Area. She stated the modification would also reduce pavement and increase the proposed mitigation area. Colin Moriarty, the Applicant, was present. A motion to approve the revote agreement and authorize Acting Chair Mabon to execute the agreement on behalf of the Commission was made by Mr. White, seconded by Mr. McDonough. Vote: 601 (In Favor: Bohenek, White, Mabon, McDonough, Valentino, Mustain; Recused: Manzi). A motion to rescind the January 14, 2026 waiver vote was made by Mr. White, seconded by Mr. McDonough. Vote: 601 (In Favor: Bohenek, White, Mabon, McDonough, Valentino, Mustain; Recused: Manzi). 2026-05-13 Conservation Commission Minutes Page 4 of 10 Mr. Mustain stated he remained opposed to moving the retaining wall closer to the Resource Area and did not believe the modification provided sufficient justification for additional disturbance near the wetland. Mr. McDonough stated he was not in favor of moving the retaining wall closer to the Resource Area than approved under the existing Order of Conditions. A motion to approve the waiver request for the revised retaining wall location as shown on the modified plan was made by Mr. White, seconded by Mr. Bohenek. Vote: 241, Motion Failed (In Favor: Bohenek, White; Opposed: Mabon, McDonough, Valentino, Mustain; Recused: Manzi). Documents 01-14-26 Meeting Minutes, 12-10-25 Meeting Minutes, 7875.WPP.3.REDLINE, Approved Modification Plan Excerpt, Modification Request letter, Modified Waiver Request, Re-Vote Agreement Signed 989 Salem Amendment 242-1917, 989 Salem Street (Moriarty) Mr. Manzi recused himself from the hearing and left the room due to his status as an abutter to the property. Mr. Mabon served as Acting Chair. The Administrator presented the amendment request, which includes construction of a 23-foot by 11-foot addition off the rear of the garage outside of the 50-foot NBZ, installation of new front steps and landing, construction of an 8-foot by 5-foot front portico entrance within the 50-foot NBZ, and installation of three A/C condenser units, one of which is located within the 50-foot NBZ adjacent to the existing foundation and behind the chimney. She noted that a stone infiltration trench is proposed to capture roof runoff from the denial of the previously discussed retaining wall waiver request. Colin Moriarty, the Applicant, was present. Mr. Mustain stated he supported the proposed front entrance improvements within the 50-foot NBZ given the retaining wall relocation waiver had been denied. Ms. Valentino requested clarification regarding the garage addition and was informed the space was intended for exercise equipment rather than additional vehicular access. The Commission discussed the waiver request associated with the front portico and A/C condenser unit within the 50-foot NBZ, as well as the need for revised plans reflecting the final approved project layout and removal of the denied retaining wall modifications, including associated driveway and mitigation area changes. A motion to approve the waiver request for the front portico and A/C condenser unit within the 50-foot NBZ was made by Mr. White, seconded by Mr. Mustain. Vote: 601 (In Favor: Bohenek, White, Mabon, McDonough, Valentino, Mustain; Recused: Manzi). No abutters were present. A motion to approve the amendment for DEP #242-1917, 989 Salem Street, with the condition that revised staff within seven days, was made by Mr. White, seconded by Mr. Mustain. Vote: 601 (In Favor: Bohenek, White, Mabon, McDonough, Valentino, Mustain; Recused: Manzi). Documents 04-08-2026 Meeting Materials, 7875 Revision Letter (CC) 2 Signed, 7875.WPP.8, Amendment Plan Excerpt, Existing Front Landing, Steps Pics, Portico Examples Enforcement Order/Violation 242-1917, 989 Salem Street (Moriarty) Mr. Manzi remained recused from the discussion due to his status as an abutter to the property. Mr. Mabon continued to serve as Acting Chair. The Administrator recommended no action on the Enforcement Order at this time pending submission of updated plans and completion of pre-construction requirements. The Enforcement Order will remain in place until those requirements are satisfied. 2026-05-13 Conservation Commission Minutes Page 5 of 10 Documents 04-08-2026 Meeting Materials Notice of Intent (NOI) 242-1927, 200 Bridle Path (Heffernan) The Administrator presented the project, which consists of construction of an Accessory Dwelling Unit (ADU) addition at the existing residence, including additions at the front and rear of the home. The Commission previously requested revised plans showing the full extent of the existing stockade fence, location of existing propane tanks, catch basins along the street frontage, additional mitigation plantings, revised construction access, and additional foundation details for the rear addition. The Administrator noted the rear additions are proposed on helical piles with open freeboard beneath the structure rather than traditional poured foundations. A rear staircase was added to comply with ADU regulations requiring secondary egress from the proposed unit. The Administrator stated the existing home predates current local wetland regulations and is located closer to the wetland Resource Area than would be allowed today. She also noted the Planning Board had reviewed the Dennis Griecci of Andover Consultants and the Applicants were present. The Commission discussed the proposed waiver request associated with work within the 25-foot NDZ, including the rear porch and stairway addition located approximately 18 feet, 6 inches from the BVW. Discussion included stormwater management, roof runoff, proposed infiltration, construction access, stockpile locations, and additional mitigation within the Buffer Zone. Mr. Mabon questioned the proposed stockpile access route and whether the rear porch could be eliminated to further minimize encroachment into the 25-foot NDZ. The Applicant stated removal of the porch would require redesign of the roof system and would need to defer to the project architect regarding feasibility. Mr. Mustain requested additional detail regarding roof drainage and Buffer Zone mitigation but stated he could support the project with additional mitigation measures. The Applicant confirmed the home contains existing gutters and agreed to additional stormwater mitigation and plantings. Kimberly Goldman, 172 Bridle Path, spoke in favor of the project. Mr. McDonough, Ms. Valentino, and Mr. Mabon stated they were not in favor of the waiver request as proposed and even with additional mitigation due to the extent of encroachment within the 25-foot NDZ. Mr. White, Mr. Bohenek, and Mr. Manzi expressed support for the project and waiver request with additional mitigation measures. 8:45 p.m., Mr. Mabon left the meeting. 8:47 p.m., Mr. Mabon rejoined the meeting. The Applicant agreed to installation of a 10-foot-wide Buffer Zone mitigation planting area between wetland flags (WF) 7A and 1A and the proposed limit of work, installation of a dry well to manage roof runoff, and completion of a test pit to evaluate infiltration conditions. Following additional discussion regarding the proposed mitigation measures and waiver conditions, a motion to approve the waiver request, contingent upon completion of a test pit for infiltration evaluation, installation of a dry well to manage roof runoff, and installation of a 10-foot-wide Buffer Zone mitigation planting area between wetland flags (WF) 7A and 1A and the proposed limit of work, was made by Mr. White, seconded by Mr. Bohenek. Vote: 43 (In Favor: Bohenek, White, Manzi, Mustain; Opposed: Mabon, McDonough, Valentino). A motion to close the hearing and issue in 21 days was made by Mr. White, seconded by Mr. Bohenek. Vote: 70, Unanimous. Documents 03-11-2026 Meeting Materials, 200 Bridle Path Alternatives Analysis, 260306_2nd_SWPeerReview_200BridalPath, Gravel Path Sketch Plan, HEFFERNAN FLOOR PLAN PARTIAL 5.2.26, HEFFERNAN REAR ELEV 5.2.26, HEFFERNAN SECTIONS E-E F-F 5.2.26, Site Plan_Bridle Path_2026-05-08, Town of North Andover Mail - Fwd_ Public Comment - 200 Bridle Path 2026-05-13 Conservation Commission Minutes Page 6 of 10 Notice of Intent (NOI) NACC #356, 65 Berkeley Road (Teberio) The Administrator presented the project, which consists of construction of an Accessory Dwelling Unit (ADU), stairs, and patio within the 100-foot Buffer Zone to an Isolated Vegetated Wetland (IVW), but outside the 50-foot NBZ. She noted the IVW is located on Royal Crest property and was previously approved under an active Order of Resource Area Delineation (ORAD). The Administrator stated a portion of the proposed ADU will occupy the footprint of an existing deck. Construction access, stockpile area, and dumpster locations are shown on the plan. The existing shed located within the 50-foot NBZ and partially within the 25-foot NDZ at the rear corner of the property will be removed and taken off site. The revised plan includes an infiltration trench for roof and patio runoff and conifer plantings along the rear stone wall. The Administrator noted the ZBA approved the project at its April 29, 2026 meeting. Maureen Herald of Norse Environmental was present. Mr. Mustain confirmed the only proposed work within the 25-foot NDZ consists of shed removal, erosion controls along the existing stone wall, and proposed plantings. He questioned the proposed arborvitae and white spruce plantings. Ms. Herald stated the area is currently sparsely vegetated. No abutters were present. A motion to close the hearing and issue in 21 days was made by Mr. McDonough, seconded by Mr. White. Vote: 70, Unanimous. Documents 03-11-2026 Meeting Materials, 65 Berkeley Road North Andover MA 24X36 Proposed Conservation Plan 04262026 signed, Norse Revised Plan Letter 4-30-26, Proof of Mailing - 65 Berkeley Road 02 26 26 Notice of Intent (NOI) NACC #357, 115 Candlestick Road (Comfort) The Applicant requested a continuance. A motion to continue to the May 27, 2026 meeting was made by Mr. White, seconded by Mr. Mustain. Vote: 70, Unanimous. Documents Email from Ryan@goddardconsultingllc.com requesting a continuance until 05/27/26 Notice of Intent (NOI) 242-1923, 520 Great Pond Road - Tree Removal (NA Country Club) The Applicant requested a continuance. A motion to continue to the June 10, 2026 meeting was made by Mr. Mustain, seconded by Mr. White. Vote: 70, Unanimous. Documents Email from maureen@norseenv.com requesting a continuance until 06/10/26 Notice of Intent (NOI) 242-1929, 520 Great Pond Road - Parking Lot (NA Country Club) Maureen Herald of Norse Environmental presented the project, which consists of parking lot improvements at the north end of the country club property. Prior to the project presentation, the Commission engaged in an extended procedural discussion regarding two separate NOI filings on the same property, referencing the pending tree removal/vegetation management filing. Discussion centered on whether multiple open NOI filings and/or Orders of Conditions could proceed simultaneously on a single property and whether hearing the new filing was procedurally appropriate. Ms. Valentino expressed concern that discussion of the new filing should not occur until procedural questions were resolved, referencing prior Commission matters involving multiple open NOI filings and/or Orders of Conditions on a property. Members discussed prior examples involving the airport and Holt Road Landfill and whether the limitation stemmed from regulation, Commission practice, or prior enforcement approach. 2026-05-13 Conservation Commission Minutes Page 7 of 10 During the procedural discussion, Ms. Valentino moved to continue the hearing, seconded by Mr. McDonough. Discussion continued regarding the status of the pending tree removal/vegetation management NOI, procedural options available to the Applicant, and whether the Applicant should be permitted to introduce the project before continuation. Ms. Herald explained that the pending tree removal/vegetation management NOI remained active due to ongoing Planning Board coordination and third-party arborist peer review, with the arborist waiting for trees to leaf out before conducting a site review. She stated that the parking lot project was substantially different from the pending tree removal/vegetation management NOI and could not reasonably be incorporated into that filing through amendment. Ms. Herald requested the opportunity to introduce the project and continue the hearing, noting the project also required Planning Board review and anticipated plan revisions. Following additional discussion, the Chair allowed the project presentation to proceed before action on continuation. Ms. Herald presented the proposal to repave the existing parking lot largely in kind due to deteriorated pavement conditions including cracking, potholes, and settlement. Proposed work includes replacement of a section of asphalt with permeable pavers, cleaning of an existing catch basin, installation of a dumpster pad with fencing, generator pad, gas line, landscaping, retaining walls, signage, and associated grading within the 100-foot Buffer Zone and 200-foot Riverfront Area. Ms. Herald identified a perennial stream, associated Riverfront Area, and BVW adjacent to portions of the work area. She explained that an earlier understanding of site drainage changed after locating a 1993 plan showing the catch basin discharging to riprap and a grass swale rather than a French drain system, requiring revisions to the drainage design. She noted the Planning Board had referred the project for peer review, DEP had issued a file number, and additional stormwater management requirements would need to be addressed. Waivers were requested from the 25-foot NDZ and 50-foot NBZ for replacement of the parking lot in kind and associated site features. The questioned whether any new impervious surface was proposed within the 25-foot NDZ, with Ms. Herald clarifying that the project involved replacement in kind and potential use of permeable pavers, though revisions to the drainage design were anticipated. Mr. Mustain stated he did not favor the proposed dumpster location adjacent to the wetland and requested consideration of alternatives if the location remained unchanged. Mr. Mabon questioned whether curbing or additional containment around the dumpster pad would be beneficial. Ms. Valentino noted accessible parking signage should be reflected on the plans. Mr. Mabon suggested supplemental planting along the perennial stream bank where feasible due to the proximity of construction to the resource area. The Administrator provided observations from the site visit describing roadway runoff from Great Pond Road creating a defined erosive channel flowing across the property toward the brook. She supported the concept of retaining walls to help address erosion concerns but emphasized the need to verify property lines, capture the drainage path, and evaluate connections to existing walls and drainage patterns. Discussion included roadway runoff, lack of curbing and drainage infrastructure, use of swales, and other possible drainage management approaches. A motion to continue to the June 10, 2026 meeting was made by Mr. White, seconded by Mr. Mustain. Vote: 70, Unanimous. Documents Country Clubhouse Parking Lot Pics 5-7-26, 520 Great Pond P1, 520 Great Pond P2, Iron Staining Location, MassDEP Comments, NACC 520 Great Pond Road Cert. of mailing, NOI NACC 520 Great Pond Rd Lower Parking lot Notice of Intent (NOI) 242-1928, 400 Foster Street (Colomba) The Administrator presented the project for a 5.5-acre residential property containing an existing single- family residence, driveway, lawn, wetlands, Buffer Zone, and forested areas. Staff noted much of the property is located within the 100-year floodplain (Zone A, no assigned elevation). Wetland flag 8A was adjusted landward during field review and will be reflected on a revised plan. The Applicant purchased the property in June 2025, undertaking interior renovations, and upgraded the septic system in 2025 outside the Buffer Zone. 2026-05-13 Conservation Commission Minutes Page 8 of 10 The project includes expansion of the existing driveway with an associated bioswale within the 50-foot NBZ requiring a waiver request, construction of an attached garage, detached garage with gravel access drive, patio, walkway, lawn rehabilitation to improve drainage away from the residence, landscaping outside the 50- foot NBZ, and approximately 2,428 SF of restoration plantings within the 25-foot NDZ that is currently mowed lawn as mitigation for driveway impacts. Construction access and stockpile areas were proposed outside the Buffer Zone. Maureen Herald of Norse Environmental and the Applicants were present. ut, and construction access. Mr. Mustain asked whether filling within the floodplain was proposed, with Ms. Herald clarifying that the proposal maintains existing grades and no filling within the floodplain is proposed. Ms. Valentino noted the Zone A floodplain did not have an associated elevation and stated the actual flood elevation was unclear, requesting additional information to confirm the proposed detached garage would not be constructed within the flood zone. Ms. Valentino indicated that review of available flood study and surrounding AE flood elevation information could be used to demonstrate the proposed garage would be above the flood elevation without requiring a full drainage study. Ms. Herald agreed to provide the additional information. Discussion also included the driveway waiver request and potential reduction of impacts within the 50-foot NBZ. Mr. Mabon questioned the waiver requests associated with the driveway and bioswale and noted the temporary construction access route crossed portions of the septic system, suggesting relocation of construction access to the driveway work area to avoid potential conflicts. Ms. Herald agreed to evaluate the suggestion and clarified that portions of the existing impervious area would be removed as part of the revised driveway layout. Daniel Pass, 535 Foster Street, speaking on behalf of 606 Foster Street, expressed concern regarding the proposed temporary construction access location near an active well on the neighboring property and requested assurance that the well would not be impacted. The Applicant agreed to relocate the temporary construction access away from that area. Baseline well testing was discussed. The Administrator noted for the record that existing walking paths were observed in the rear portion of the property during field review. She noted that pedestrian use is acceptable but the owner should understand that no motorized vehicles of any kind are allowable due to impacts they can cause. The Commission requested additional information for the next meeting regarding floodplain impacts associated with the proposed detached garage, refinement of the driveway/waiver request and potential reduction of impacts within the 50-foot NBZ, and evaluation of the temporary construction access location relative to the septic system and neighboring well concerns. A motion to continue to the May 27, 2026 meeting was made by Mr. McDonough, seconded by Mr. Mustain. Vote: 70, Unanimous. Documents 400 Foster Site Pics 5-13-26, 400 Foster NOI R1, 400 FOSTER ST._NORTH ANDOVER_PLAN_R14_r4D1, 400 FOSTER ST._NORTH ANDOVER_PLAN_R14_r4D2 Enforcement Order/Violation 242-829, Holt Road Landfill MassDEP The Applicant requested a continuance. A motion to continue to the June 10, 2026 meeting was made by Mr. White, seconded by Mr. Mustain. Vote: 70, Unanimous. Documents Email from JonesNE@cdmsmith.com requesting a continuance until 06/10/26 General/New/Old Business Rt. 114 Corridor Project, MassDOT Update 2026-05-13 Conservation Commission Minutes Page 9 of 10 The Administrator provided a brief update regarding the Route 114 Corridor Project, noting Amy Lynch, report. Documents 242-1907, Route 114 ROW - Waverly Road to Willow Street OOC, 608095_NOI_Plans_Rev_20250402, North Andover Rt. 114 WQC Permit, Town of North Andover Mail - Rte 114 project start and Env site meeting Decision NACC #356, 65 Berkeley Road (Teberio) 9:44 p.m., The Field Inspector/Planner left the meeting. The Commission reviewed the draft Order of Conditions and agreed that a $2,000 bond is sufficient. A motion to approve the Order of Conditions as drafted was made by Mr. White, seconded by Mr. Mabon. Vote: 70, Unanimous. Adjournment A motion to adjourn at 9:45 p.m. was made by Mr. McDonough, seconded by Mr. Bohenek. Vote: 70, Unanimous. 2026-05-13 Conservation Commission Minutes Page 10 of 10