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Home My WebLink About2026-06-24 Conservation Commission Minutes Approved 0712212026 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 June 24, 2026 Members Present: Matthew Bohenek, John T.Mabon(Vice Chairman),Albert P. Manzi Jr. (Chairman), Sean F. McDonough, David F. White, and Marissa Valentino Members Absent: Bradley S. Mustain 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 June 10, 2026, as drafted,was made by Mr.White, seconded by Ms. Valentino. • Vote: 5-0,Unanimous. Certificate of Compliance 242-1842,Lorraine Avenue(Kindred) • The Administrator presented the request for a Certificate of Compliance for the roadway paving project, which included grading the existing private gravel roadway, installation of binder and finish pavement courses, construction of infiltration trenches, and paving of the driveways at 10 and 15 Lorraine Avenue. The project also included relocating the driveway at 15 Lorraine Avenue outside the 50-foot NBZ. • The Administrator reported that construction was completed during the summer of 2025 and that erosion controls were removed following successful site stabilization. She noted that she conducted a site inspection prior to the meeting and found the project to be fully stabilized,with no outstanding compliance issues. The Administrator recommended issuance of a full and final Certificate of Compliance, subject to the ongoing conditions of the Order of Conditions. • David Kindred, the Applicant,was present. • Ms. Valentino questioned whether the first annual stormwater operation and maintenance(O&M)report was required prior to issuance of the Certificate of Compliance. The Administrator explained that the Order of Conditions requires the first report to be submitted one year after the stormwater management system becomes operational and that the reporting requirement is an ongoing condition of the Order. Mr. Kindred agreed to have the project engineer complete the required annual O&M inspection and submit the report later in the summer. Mr. Mabon and Ms. Valentino discussed the operation and maintenance requirements for the subsurface infiltration system. The Administrator confirmed that the system was functioning as intended. The Commission agreed that the annual O&M report remains an ongoing condition of the Order of Conditions and does not preclude issuance of the Certificate of Compliance. • 7:05 p.m., Mr. McDonough joined the meeting. • A motion to issue a full and final Certificate of Compliance, subject to the ongoing conditions of the Order of Conditions, including submission of the required annual stormwater O&M report,was made by Mr. White, seconded by Mr. Mabon. • Vote: 5-0-1 (In Favor: Bohenek,Mabon, Manzi,White, Valentino;Abstained: McDonough). Documents 5-5-22 Coven Letter and Op. and Main., 242-1842, Lorraine Avenue-Roadway Paving OOC, Approved Site Plan Rev 5.10.2022, Lorraine Ave- CoC Req 242-1842, Lorraine Ave CCAB-5-11-2026 Certificate of Compliance 242-1479, 15 Lorraine Avenue(Breenmore Realty Trust) • The Administrator presented the request for a Certificate of Compliance for the completed construction of a 16-foot by 25-foot addition, decks,walkways, driveway reconfiguration, demolition of an outbuilding and shed, and associated site work within the Buffer Zone to Bordering Vegetated Wetlands (BVW). As part of the project, a portion of the 25-foot NDZ was restored and replanted, a rock wall was installed along the 25- foot NDZ, and wetland markers were installed. • The Administrator reported that she conducted a site inspection prior to the meeting and found the project to be in substantial compliance with the approved plans. She noted that the restoration area was fully vegetated, the driveway was located outside the 50-foot NBZ,the northerly deck was reduced in size from the approved plan, and the as-built conditions were substantially consistent with the approved plans. • David Kindred, the homeowner,was present. • A motion to issue a full and final Certificate of Compliance was made by Mr. McDonough, seconded by Ms. Valentino. • Vote: 6-0,Unanimous. Documents COC Request SOOC-MassDEP, 15 Lorraine Ave—CoC Req 242-1479, Approved Amended Plan - 15 Lorraine, CCAB 15 Lorraine Ave 2026 05-08 Small Project NACC #374,50 Sutton Hill Road(Zimmerman) • The Administrator presented the proposal to replace an existing 8-foot wood stockade fence along the northerly and easterly property lines,which are located outside the Buffer Zone. The rear section of fencing at the edge of the lawn will receive a 6-foot chain link fence. The closest portion of the proposed work is located approximately 78 feet from the wetland. All work will be completed by hand,with excess soils disposed of outside the Buffer Zone. • The Administrator recommended approval of the project as a Category"H" Small Project, subject to a pre- construction meeting with the fence contractor and a post-construction inspection by Conservation staff. • Earl Zimmerman,the Applicant,was present. • A motion to approve the project as a Small Project under Category"H", subject to the conditions recommended by staff,was made by Mr. McDonough and seconded by Mr. White. • Vote: 6-0,Unanimous. Documents 50 Sutton Hill Rd. -Small Project Application Materials,Aerial-Fence Project Wetland Measurement Request for Determination of Applicability 136 Carlton Lane(Duffy) • The Field Inspector/Planner presented the proposal to rehabilitate the existing driveway through full-depth reclamation and repaving within the existing footprint. The closest point of the driveway is located approximately 10 feet from an intermittent stream. A waiver request was submitted to allow the in-kind work within the Buffer Zone. The Field Inspector/Planner recommended approval of the waiver,noting that relocating the driveway would result in greater disturbance within the Buffer Zone and that maintenance of the legally existing driveway in its current location was reasonable. • The Commission discussed the waiver request and the alternatives analysis submitted with the application. Members noted that while the proposed work appeared appropriate,the alternatives analysis should clearly document the need for the waiver and why no practical alternative exists. 2026-06-24 Conservation Commission Minutes Page 2 of 4 • Howard Cooper, of Cooper Brothers Paving,was present on behalf of the Applicant and explained that the driveway is more than 20 years old and has significantly deteriorated. He confirmed that relocating or narrowing the driveway was not a practical alternative and that all work would remain within the existing footprint. • A motion to grant the waiver was made by Mr. White, seconded by Ms. Valentino. • Vote: 6-0,Unanimous. • The Commission discussed the proposed erosion control measures and agreed that an 8-inch mulch sock should be installed along the entire length of the driveway prior to construction. The Commission also required pre- and post-construction inspections with the contractor,homeowner, and Conservation staff,with erosion controls to remain in place until approved for removal by Conservation staff. • No abutters were present. • A motion to close the public hearing and issue a Negative Determination#3 was made by Mr. White, seconded by Mr. McDonough. • Vote: 6-0,Unanimous. Documents Aerial-wetland distance from driveway, IMG-4865, RDA Application with Supporting Materials 05 28 26 Notice of Intent(NOI) 242-1928,400 Foster Street(Colomba) • The Applicant requested a continuance. • A motion to continue to the July 8, 2026 meeting was made by Mr. White, seconded by Ms. Valentino. • Vote: 6-0,Unanimous. Documents Email from r'es e&c c st®net requesting a continuance until 07108126 Enforcement Order/Violation 11 Woodlea Road(Anil 0. Minocha& Parveen A.Minocha Living Trust) • The Administrator presented a draft Enforcement Order,prepared at the Commission's request following the June 10, 2026 meeting. She summarized the proposed corrective actions,which include removing shredded woody debris and wood chips from the 25-foot NDZ and forested area beyond the maintained lawn by hand, disposing of the material off-site, restoring the disturbed area with a native shade-tolerant seed mix, and installing eight permanent wetland markers along the edge of the lawn. The proposed compliance deadline is September 25, 2026. • Mr. Mabon inquired whether replacement tree plantings should be required to mitigate the removal of several mature pine trees. The Administrator explained that the trees appeared to have been hazardous and likely would have been approved for removal if requested. She further noted that the shaded site and long-term survivability of replacement trees made natural regeneration, combined with seeding and installation of permanent wetland markers, the preferred restoration approach. • A motion to issue an Enforcement Order as drafted was made by Mr. McDonough, seconded by Mr. Bohenek. • Vote: 6-0,Unanimous. Documents 06-10-2026 Meeting Materials, EO COver Letter Tree Removal, Wood Chips in 25' Enforcement Order/Violation 40 Flagship Drive—GTA Company,Inc./Gregory T.Antonelli • Mr. White requested an update regarding the Enforcement Order for Flagship Drive,noting that approximately one year had passed since the Commission last discussed the matter in Executive Session. • A motion to request an update from Town staff regarding the status of the Enforcement Order for Flagship Drive was made by Mr. White, seconded by Mr. McDonough. • Vote: 6-0,Unanimous. 2026-06-24 Conservation Commission Minutes Page 3 of 4 General/New/Old Business North Andover Wetland Protection Regulations Revisions • The Commission discussed the process for reviewing and revising the local Wetlands Protection Regulations. The Administrator recommended temporarily modifying the previously established bylaw/regulations subcommittee process with a recurring agenda item to allow the Commission to review draft revisions to the regulations, section by section, during regular meetings. She noted that some proposed revisions are administrative in nature, such as updating citations and addresses,while others involve substantive policy changes, including revisions related to fences and vernal pool criteria. • Commission members discussed the relationship between the Bylaw and the Regulations and agreed that certain administrative amendments to the Regulations could move forward independently,while more substantive regulatory revisions should follow completion of the Bylaw review. Members also discussed zoning-related issues concerning resource area definitions vs. contiguous buildable area and agreed that those concerns appear to be a zoning matter rather than an issue with the Wetlands Protection Bylaw. • The Commission reached a consensus to proceed with a public hearing on administrative updates and other straightforward regulatory amendments, including revisions to the fence provisions,before continuing with the broader bylaw review via the subcommittee recommending revisions to the Commission at large. Bylaw revision timeline was discussed with the Administrator noting that the Town Meeting Warrant typically closes mid-March, and Town Counsel time to review proposed revisions should be factored in. • The Administrator will prepare a redlined version of the proposed administrative and fence-related regulatory amendments for a future public hearing and will determine whether the hearing can be scheduled for the July 8, 2026 meeting based on publication deadlines. The Commission discussed a goal of completing the draft Bylaw revisions by Thanksgiving to allow sufficient time for review by Town Counsel and the Select Board in advance of the Annual Town Meeting. • Mr. Bohenek requested that staff obtain and distribute available guidance regarding the Commonwealth's new clean energy permitting requirements to ensure the Commission considers any impacts to the Wetlands Protection Bylaw or Regulations during the revision process. The Administrator noted that the Staff Planner is preparing a draft bylaw addressing the new requirements and will reach out to her for more information for the Commission. Documents Master MEMO for Revisions 06-23-26, N.Andover Ephemeral Pool Criteria Analysis FINAL, NA Wetlands Protection Regulations 06-23-26 REVISIONS General/New/Old Business Election of Conservation Commission Officers • A motion to nominate John Mabon as Chair was made by Mr. Manzi, seconded by Mr. McDonough. • Vote: 5-0-1 (In Favor: Bohenek,Manzi,McDonough,White,Valentino;Abstained: Mabon). • A motion to nominate Marissa Valentino as Vice Chair was made by Mr. Mabon, seconded by Mr. McDonough. • Vote: 5-0-1 (In Favor: Bohenek,Mabon, Manzi, McDonough, White;Abstained: Valentino). • The Commission thanked Mr. Manzi for his years of service as Chair. Mr. Manzi noted that he and Mr. Bohenek had recently been reappointed by the Select Board to three-year terms on the Commission. Adjournment • A motion to adjourn at 7:58 p.m. was made by Mr. White, seconded by Mr. Manzi. • Vote: 6-0,Unanimous. 2026-06-24 Conservation Commission Minutes Page 4 of 4