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HomeMy WebLinkAbout2026-05-27 Conservation Commission Minutes Approved 0611012026 Albert P.Manzi Jr., Chair Bradley S.Mustain John T. Mabon Vice Chair `, %" ;���101% ,,,�j,�� �� Marissa Valentino Sean F. McDonough Matthew Bohenek David F. White i l Town of North Andover North Andover Conservation Commission May 27,2026 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: 7:00 p.m. Quorum Present. Pledge of Allegiance Acceptance of Minutes • A motion to accept the minutes of May 13, 2026, as drafted,was made by Mr.White, seconded by Ms. Valentino. • Vote: 6-0,Unanimous. Certificate of Compliance 242-1870, 175 Olympic Lane (Reidl) • The Administrator presented the Certificate of Compliance request for an Order of Conditions (OOC) issued in August 2023 for demolition of an existing rear deck and stairs, construction of an addition, a new rear deck, and associated work within the 100-foot Buffer Zone and Riverfront Area. • The Administrator explained that mitigation planting of twelve highbush blueberry shrubs was required because the addition extended closer to the river than existing structures. The certification letter indicated the shrubs survived the 2024 and 2025 growing seasons but later died and were replanted in spring 2026. • The Administrator reported that a site visit confirmed the site was stable, erosion controls had been removed, and the replanted shrubs appeared healthy,but noted concerns regarding mitigation survivability and compliance with the condition. • The Commission initially discussed denying the Certificate of Compliance or issuing a partial Certificate of Compliance while retaining some or all of the $2,500 performance bond pending additional monitoring of the replanted shrubs. • Ryan Reidl,the homeowner, stated that the plantings survived the required two growing seasons in accordance with the OOC and noted that the shrubs had been replanted and continue to be maintained. • The Commission reviewed the OOC language regarding monitoring,replacement requirements, and survivability standards for mitigation planting. Discussion centered on whether the documented two growing seasons satisfied the condition despite subsequent mortality and whether additional requirements could be imposed beyond the OOC. • Mr. Bohenek questioned whether the Commission could impose requirements beyond the OOC where the Applicant had submitted documentation from a wetland scientist stating the plantings survived the required monitoring period. Additional discussion followed regarding inspection timing,mitigation intent, and future enforcement considerations. • A motion by Mr. McDonough to grant a partial Certificate of Compliance and release $1,500 of the $2,500 performance bond was withdrawn following further discussion. • A motion to issue a full and final Certificate of Compliance and release the $2,500 performance bond was made by Mr. Bohenek, seconded by Mr. White. • Vote: 6-0,Unanimous. Documents 242-1870, 175 Olympic Lane OOC, Approved Plan 175 Olympic Lane,As-Built Plan - 175 Olympic Lane, Request for Certificate of Compliance- 175 Olympic Lane Certificate of Compliance 242-1434, 991 Johnson Street(Ray) • The Administrator presented the Certificate of Compliance request for an Order of Conditions (OOC) issued in July 2008 for replacement of a failed septic system and construction of an associated retaining wall within the 100-foot Buffer Zone. The work was located outside the 50-foot NBZ. • The Administrator explained that the design engineer performed an as-built survey of the system in October 2008 prior to backfilling and final grading, which was submitted to the Board of Health and resulted in issuance of their Certificate of Compliance. However, a final topographic survey was never completed for Conservation. • The Administrator noted the outstanding OOC was identified during the sale of the property. The original design engineer completed the final topographic survey,resulting in a complete as-built plan. • The Administrator reported that a site visit confirmed the site was stabilized,the retaining wall was located outside the 50-foot NBZ, and confirmation photographs showed that wetland markers had been installed. • A motion to issue a full and final Certificate of Compliance with ongoing conditions as prescribed in the OOC was made by Mr. White, seconded by Mr. Mabon. • Vote: 5-0-1, (In Favor: White,Manzi, Mabon,McDonough, Valentino;Recused: Bohenek). Documents Wetland Marker Installation 05 26 26, 991 Johnson CofC Pics 5-22-26, 991 Johnson OOC#242-1434, 991 Johnson, Approved Plan 242-1434, 2026-05-15 Request for COC Conformance Letter, 2026-05-18 AS BUILT 991 JOHNSON STREET, 2026-05-19 Request for COC 991 Johns Street, wpafrm8a (2) Small Project NACC #364,33 Woodlea Road (Wolfpack Builders) • The Administrator presented the Small Project request for a Category"B"in-kind replacement of an existing 14-foot by 10-foot rear deck and associated 4-foot by 7-foot stairs. • The Administrator reported that the deck is located approximately 63 feet from the wetland and outside the 50-foot NBZ. Three new footings are proposed, all work will be completed by hand, and dumpsters and materials will be stored in the driveway. • The Administrator recommended finding the project qualifies as a Category"B" Small Project and approving the project with conditions requiring installation of erosion controls, a pre-construction meeting with the contractor and Conservation staff, and a post-construction inspection to verify compliance and removal of erosion controls. • The Commission briefly discussed wetland setbacks within the Woodlea Village development and footing installation methods. • A motion to approve the project as a Small Project Category"B"with conditions as recommended was made by Mr. McDonough, seconded by Mr. Bohenek. • Vote: 6-0,Unanimous. Documents 33 Woodlea -A-Built Excerpt Showing existing deck, Conservation_Small Project App_Thu Apr 23_2026 17-20-14, Deck Drawing Thu Apr 23_2026 08-03- 46, Photos, Sig Contract_Thu Apr 23_2026 08-03-40 2026-05-27 Conservation Commission Minutes Page 2 of 6 Small Project NACC #365,95 South Bradford Street(Kozol) • The Administrator presented the Small Project request for replacement of an existing 10-foot by 12-foot shed located approximately 64 feet from the wetland. The existing shed has been on site for many years and is proposed to be replaced in kind. • The Administrator explained that Category"C"applies to sheds less than 100 square feet outside the 50-foot NBZ. The Applicant requested approval under Category"L—Other"to allow replacement of the existing 120-square-foot shed and indicated a willingness to reduce the size to 8 feet by 12 feet if necessary. • Eric Kozol,the homeowner,was present and responded to questions from the Commission regarding the proposed footing design. • The Commission discussed whether the project could be appropriately approved under Category"L"rather than Category"C"and generally agreed that in-kind replacement of the longstanding existing shed was appropriate given the existing conditions and location of the structure. • A motion to approve the project as a Small Project Category"L"with conditions as recommended was made by Mr. McDonough, seconded by Mr. Mabon. • Vote: 6-0,Unanimous. Documents 95 South Bradford Pics 5-26-26, 95SBradfordSt ShdRepl Cons—SmallProjCkList,App,Exhsl-3,Chk.051924 Small Project NACC #366,469 Stevens Street(Delauri) • The Administrator presented the Small Project request for demolition and filling of an existing in-ground pool. The surrounding concrete apron is proposed to be saw cut and removed,with all concrete to be removed from the site and not buried. The pool would be filled with clean gravel,topped with loam and seed,with possible plantings within the former pool footprint. • The Administrator reported that the outer edge of the work is located approximately 60 feet from the BVW and recommended approval under Small Project Category"L"with conditions requiring erosion controls, a pre-construction meeting with the contractor and Conservation staff, and a post-construction inspection to verify compliance and approve removal of erosion controls upon site stabilization. • The Commission discussed whether the project qualified as a Small Project and whether it was more appropriately classified under Category"L"or"I."Mr. McDonough stated that he did not believe in-ground pool removal qualified as a Small Project and noted the proposal was not similar to projects typically reviewed under the Small Project categories. Mr. Mabon asked about construction access to the work area. Mr. White commented that the proposal was comparable to Category"I" involving conversion of non- permeable surfaces to vegetated areas,while Mr. Bohenek commented on site slope and existing conditions. Ms. Valentino asked whether the pool was a concrete or liner-type pool and noted that the primary site work involved removal of the concrete apron. Mr. Manzi and Mr. McDonough expressed opposition to the request. • A motion to approve the project as a Small Project Category"L"with conditions as recommended was made by Mr. White, seconded by Ms. Valentino. • Vote: 4-2,Motion Carried(In Favor: White, Mabon,Valentino, Bohenek; Opposed: Manzi,McDonough). Documents 469 Stevens 5-6-26, Pool&Patio Demo Plan, Pool&Patio Demo Plan Modification 242-1920, 1230 Salem Street(Martin) • The Administrator presented the continued modification request for an Order of Conditions issued in November 2025 for construction of an in-ground pool,pool house, associated decking,patio, fencing, infiltration trench, and attached garage. The request includes expansion of the pool patio and apron, reduction of the pool house footprint, expansion of the infiltration trench to offset increased impervious area, and incorporation of an after-the-fact retaining wall. 2026-05-27 Conservation Commission Minutes Page 3 of 6 • The Administrator noted that at the previous meeting,the Commission requested the retaining wall be surveyed and added to the plan to confirm compliance with the 50-foot NBZ. The revised plan showed the wall located at or just outside the 50-foot NBZ. The Administrator noted the retaining wall was installed after the fact and that the appropriate after-the-fact fee had been assessed. • Jordan Vessal of Gilbane and Richard Martin,the homeowner,were present. • David Cowell of Hancock Associates explained that the retaining wall was introduced during construction discussions as an alternative to grading and was believed to be permissible if located outside the 50-foot NBZ and within approved limits of work. He stated that the retaining wall and patio revisions resulted from a miscommunication. Mr. Cowell further explained that the modest increase in impervious area required an additional 60 cubic feet of infiltration capacity, accommodated through an expansion of the infiltration trench. • Ms. Valentino questioned the surface treatment between the pool shed and retaining wall, and Mr. Cowell confirmed the area was gravel. • A motion to approve the Modification as proposed was made by Mr. McDonough, seconded by Mr. White. • Vote: 6-0,Unanimous. Documents 05-13-2026 Meeting Materials, 05-01-26 Mod Request Letter, 2025.05.21-28538-NOI SP R4-sealed Notice of Intent(NOI) NACC #357, 115 Candlestick Road (Comfort) • The Administrator presented the Notice of Intent request for construction of an in-ground pool outside vernal pool setbacks. The Commission recalled discussion at the previous meeting regarding an outstanding 1978 Order of Conditions associated with partially draining an Isolated Vegetated Wetland(IVW),house and septic system construction which was to be outside the Buffer Zone. The proposed pool project complies with vernal pool setback requirements and no waivers are requested. • Ryan Roseen of Goddard Consulting explained that efforts to locate the 12-inch RCP pipe referenced in the 1978 Order of Conditions had been unsuccessful to date. He noted that additional investigation methods remain available,but locating the pipe may be difficult and costly. Mr. Roseen stated that the project team is also investigating whether the associated drainage easement was ever recorded, which could indicate whether the pipe was installed. • Mr. Roseen requested that the Commission allow the current NOI to move forward while investigation of the 1978 Order continues. He noted the Applicant would be amenable to a condition tying the new filing to resolution of the prior Order. • The Commission discussed the 1978 drainage pipe, challenges associated with locating aging infrastructure, timing of compliance with the prior Order of Conditions, and options for conditioning the new filing. Members discussed whether closure of the prior Order should be required prior to commencement of work or prior to issuance of a Certificate of Compliance for the new filing. The Commission also discussed potential methods of locating the pipe, including field investigation,use of a metal detector, and pipe camera inspection. • No abutters were present. • A motion to close and issue within 21 days was made by Mr. White, seconded by Mr. Bohenek. • Vote: 6-0,Unanimous. It was agreed that a condition for closing out the 1978 OOC would be part of discussion in formulating the conditions in the new OOC. Documents 04-22-2026 Meeting Materials Notice of Intent(NOI) 242-1928,400 Foster Street(Colomba) • The Applicant requested a continuance. • A motion to continue to the June 10, 2026 meeting was made by Mr. McDonough, seconded by Mr. White. • Vote: 6-0,Unanimous. Documents 2026-05-27 Conservation Commission Minutes Page 4 of 6 Email from r res e co c st. et requesting a continuance until 06110126 General/New/Old Business Rt. 114 Corridor Project,MassDOT—Update Amy Lynch and Carmen Ilardi of MassDOT provided an update on the Route 114 Corridor Improvement Project. They reported that survey layout work,tree removal outside resource areas, and installation of erosion controls are underway in accordance with the approved plans. Existing erosion controls associated with utility work will be replaced and updated to reflect project limits. • 8:01 p.m., Mr. Mustain joined the meeting. • Ms. Lynch stated that several pre-construction submittals are in progress, including the SWPPP, dewatering plan, and soil management plan. She noted that stockpile location constraints may affect the timing of some submissions and indicated that a pre-construction meeting will be scheduled once erosion controls are fully installed and initial submittals have been reviewed. She also confirmed that 100% construction drawings would be provided to the Commission. Ms. Lynch discussed interim environmental monitoring procedures until a dedicated environmental monitor is retained by way of contract finalization,which is anticipated to occur in July. She noted that SWPPP monitoring and reporting would be utilized in the interim. • Mr. Ilardi stated that MassDOT plans to begin test pits in June to identify utility conflicts and potential stockpile locations before drainage work begins. He noted that a temporary stockyard location is still being finalized. Ms. Lynch and Mr. Ilardi reported that the project is expected to take approximately five years to complete. Utility relocations will occur during the first two years,with the majority of construction activity anticipated during years three and four. Drainage work is expected to begin this summer,with dewatering activities anticipated next spring. • The Commission discussed the importance of maintaining communication regarding pre-construction conditions,required submittals, and project scheduling. • No action was required. 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 242-1927,200 Bridle Path(Heffernan) • The Commission reviewed the draft Order of Conditions and agreed to revise Condition 55 to require that, after a minimum of two full growing seasons post-plant installation, the shrubs exhibit an overall survivorship of at least 75% at the time of Certificate of Compliance request submittal. The Commission also agreed that the proposed $3,000 performance bond was sufficient. • A motion to approve the Order of Conditions as drafted and amended was made by Mr. White, seconded by Mr. Mabon. • Vote: 7-0,Unanimous. Request for Determination of Applicability 863 Winter Street(DeCamargo) • The Administrator presented the continued request for installation of a fence within the 50-foot NBZ but outside the 25-foot NDZ. The Commission had previously continued the hearing to allow review of a revised fence layout and further evaluation of potential impacts to vegetation and the existing stone wall. • The Administrator reviewed the revised fence alignment and site photographs,noting that the fence would be installed in front of the existing posts marking the 25-foot NDZ. The Administrator reported that the fence would require minimal disturbance to existing vegetation,no tree removal would be required, and the revised alignment addressed concerns raised at the previous meeting regarding the stone wall and wooded areas. 2026-05-27 Conservation Commission Minutes Page 5 of 6 • The Commission discussed the revised fence alignment and the request for a waiver to allow the fence within the 50-foot NBZ. The Commission agreed that the proposed fence would not result in significant impacts to resource areas and that granting the waiver and issuing a Negative Determination#3 were appropriate. • No abutters were present. • A motion to grant the waiver request to allow the fence within the 50-foot NBZ and issue a Negative Determination#3 was made by Mr. McDonough, seconded by Mr. Mabon. • Vote: 7-0,Unanimous. Documents 05-13-2026 Meeting Materials, Photos, Photos of proposed fence location, Plan of Land 5-26-26, Screenshot 2026-05-26150910 Adjournment • A motion to adjourn at 8:30 p.m. was made by Mr. McDonough, seconded by Mr. White. • Vote: 7-0,Unanimous. 2026-05-27 Conservation Commission Minutes Page 6 of 6