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HomeMy WebLinkAbout2026-07-08 Conservation Commission Minutes Approved 0712212026 John T. Mabon, Chair Bradley S. Mustain Marissa Valentino Vice Chair `, %" '��;�����f%/��„�j„��� �� Matthew Bohenek Albert P.Manzi Jr. "'" David F. White Sean F. McDonough i l Town of North Andover North Andover Conservation Commission North Andover Conservation Commission Meeting Minutes July 08,2026 Members Present: Albert P. Manzi,Matthew Bohenek, John T. Mabon(Chair),Marissa Valentino(Vice Chair), and David F. White Members Absent: Sean F. McDonough and 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 The minutes for the June 24, 2026 meeting are not ready for approval. Modification 242-1911, Osgood Street& Great Pond Road Intersection Improvements (North Andover DPW/Tropeano Contractors) • The Administrator presented a request for a Modification to the Order of Conditions governing the reconstruction of the Osgood Street and Great Pond Road intersection improvements. The request sought to substitute the required$50,000 conservation cash bond with either the Town's existing performance bond or a $50,000 surety bond. The Administrator explained that the project is currently secured by a 100% performance bond and a 50%payment bond required under the construction contract. • The Commission discussed the request and the purpose of the conservation cash bond. Mr. Manzi expressed his grave concern that replacing the cash bond with a surety bond would depart from the Commission's longstanding practice of requiring cash bonds and could establish a precedent for future projects. He stated that a cash bond provides a stronger incentive for compliance with the Order of Conditions and filing for a Certificate of Compliance,while also ensuring funds are readily available in the event the contractor fails to comply with the Order of Conditions. He makes the motion to deny the request. There was no second and the Commission continued discussion. • Commission members discussed the distinction between municipal and private projects and whether the existing contract bonding provides equivalent protection. Ms. Valentino stated that she believed the cost of the project may require oversight by an Owner's Project Manager(OPM),which could provide an additional level of project oversight. Mr. Bohenek stated that he did not have sufficient information to evaluate the request and requested the underlying construction contract for review. The Commission agreed to request the underlying construction contract and additional information regarding the terms and conditions of the proposed surety bond before taking action. Mr. Bohenek also noted that it would be beneficial for a representative familiar with the construction contract to attend the continued hearing to answer the Commission's questions. • Mr. Manzi withdrew his motion to deny the Modification request for the purpose of obtaining additional information. • A motion to continue to July 22, 2026,pending receipt of the underlying construction contract and additional information regarding the proposed surety bond,was made by Mr. Bohenek, seconded by Mr. White. • Vote: 5-0,Unanimous. Documents 26-203 -N. Andover- Conservation -Alternative Surety- 6.26.26, 26-203-N.Andover-PP Bonds-Signed, 100% Construction Plan Sheets, 242-1911, Osgood Street(Rt. 125) & Great Pond Road(Rt. 133) OOC,2026 0402 Final Plans - Construction Set Enforcement Order 125 Blue Ridge Road(Sobelman) • The Administrator provided an update on the Enforcement Order issued for the relocation of an unpermitted shed located within the 50-foot NBZ. The shed has been relocated to a compliant location on the property in accordance with the Enforcement Order. The Administrator reported that the former shed location has been cleared of crushed stone and the homeowner has been provided with a list of native seed mixes and native plantings to restore the disturbed area. • The Administrator recommended keeping the Enforcement Order open until the required seeding and plantings have been completed and established, at which time the Commission can consider lifting the Enforcement Order. • The Commission concurred with the Administrator's recommendation.No action was taken. Documents 125 Blue Ridge-EO-Shed Relocation, IMG-6659, IMG-6660, IMG-6661, IMG E6661 Small Project NACC #373,326 Campbell Road(Sadeghi) • The Field Inspector/Planner presented the project,which involves relocation of existing wetland markers and installation of a hot tub. The wetland markers were originally installed 50 feet from a nearby pond due to the potential presence of a Vernal Pool. The Field Inspector/Planner explained that the pond was subsequently determined not to be a Vernal Pool,now allowing the markers to be relocated to the 25-foot NDZ to expand the maintained lawn area. The Applicant proposes mowing herbaceous vegetation and vines to establish lawn, with no rototilling,root extraction, soil disturbance, or tree removal. The proposed hot tub will be located approximately 85 feet from the Bordering Vegetated Wetland(BVW)beneath the existing deck on an existing gravel surface,with all work completed by hand. • The Field Inspector/Planner recommended the Commission find the project qualifies as a Small Project Category"L" and approve the project with special conditions,including a pre-construction site inspection with the homeowner, contractor, and Conservation staff,relocation of the wetland markers as shown on the approved plan,no rototilling,root extraction, or soil disturbance, and a post-construction site inspection to verify compliance. • The Commission discussed whether the project should qualify as a Category"G" or Category "L" Small Project and concluded that Category"L" was appropriate. The Commission also discussed the proposed mowing activities and agreed that no rototilling,root extraction, or soil disturbance should be permitted under the approval. • A motion to approve the project as a Small Project Category"L" with special conditions as recommended was made by Mr. White, seconded by Ms. Valentino. • Vote: 5-0,Unanimous. Documents Photos, B. Manuell Investigation Report on VP at 326 Campbell, IMG 5327, IMG 5342, Small Project Application with Supporting Materials 0616 26 Small Project NACC #375, 125 Blue Ridge Road (Turner Carpentry/Sobelman) 2026-07-08 Conservation Commission Minutes Page 2 of 6 • The Administrator presented a Small Project Application involving after-the-fact permitting for a 192-square- foot patio and proposed in-kind replacement of an existing 16-foot by 15-foot rear deck. The patio is located approximately 84 feet from the Wetland. The replacement deck will utilize Diamond Pier footings to minimize ground disturbance,with the existing stairs removed and replaced by a new staircase leading to the patio. The deck is located greater than 80 feet from the Wetland. • The Administrator explained that the patio qualifies under Small Project Category"F"and the deck replacement qualifies under Small Project Category"B."The required three-times after-the-fact filing fee for the patio has been paid. The Administrator recommended approval of the project under Categories"B" and "F,"with conditions including installation of erosion controls, a pre-construction meeting with the contractor and Conservation staff, and a post-construction compliance review. • A motion to approve the project as a Small Project under Categories"B" and"F,"with conditions as recommended,was made by Mr. Bohenek, seconded by Ms. Valentino. • Vote: 5-0,Unanimous. Documents IMG_6408, Small Project Application with Supporting Materials - 125 Blue Ridge Road 07 0126 Request for Determination of Applicability 63 Sutton Place (Mandolese) • The Administrator presented the project for demolition of an existing three-season porch and construction of a 22-foot by 22-foot addition in approximately the same location. The project is located within the Buffer Zone to an off-site Bordering Vegetated Wetland(BVW) associated with an Intermittent Stream. The Administrator reported that the wetland delineation was field verified with no flag changes. The proposed addition will be located approximately 78 feet from the BVW,with erosion controls surrounding the work area. Access will be over the existing maintained lawn. The existing porch is supported by concrete footings, and the proposed addition will be supported by helical piles to minimize ground disturbance. • The Administrator noted that a stone infiltration trench to capture roof runoff could be considered due to the increase in impervious area but had no concerns with the project as proposed. • Maureen Herald of Norse Environmental was present on behalf of the Applicant. • Ms. Valentino asked about the increase in the size of the proposed addition. The Administrator stated that the existing three-season porch is approximately 260 square feet and the proposed addition will be approximately 484 square feet,representing an increase of approximately 224 square feet. • The Commission discussed whether a stone infiltration trench should be required to capture roof runoff. Mr. Mabon supported the concept; however,the Commission agreed that an additional condition requiring a stone infiltration trench was not necessary given the distance to the Resource Area and the relatively minimal increase in impervious area. • The Administrator recommended issuing a Negative Determination#3 with standard conditions, including erosion controls and pre-and post-construction inspections. • No abutters were present. • A motion to close the hearing and issue a Negative Determination#3, as recommended,was made by Mr. White, seconded by Ms. Valentino. • Vote: 5-0,Unanimous. Documents 63 Sutton Hill Road 6-5-26 Pics, Fee Calculation Worksheet, Plan with EC, RDA 63 Sutton Place, RDA Application Checklist-Rev 12 19 22 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 August 12, 2026 meeting was made by Mr. White, seconded by Ms. Valentino. • Vote: 5-0,Unanimous. Documents 2026-07-08 Conservation Commission Minutes Page 3 of 6 Emailftomjhenvo o.co requesting a continuance until 08112126 Notice of Intent(NOI) 242-1929, 520 Great Pond Road-Parking Lot(NA Country Club) • The Applicant requested a continuance. • A motion to continue to the August 12, 2026 meeting was made by Mr. White, seconded by Ms. Valentino. • Vote: 5-0,Unanimous. Documents Email from ® e_.v .c requesting a continuance until 08112126 Notice of Intent(NOI) 242-1928,400 Foster Street(Colomba) • The Administrator presented the revised plans submitted in response to comments from the previous hearing. The revisions included elimination of the proposed 40x40 detached garage and associated driveway,reduction of the driveway width and driveway area within the Buffer Zone, additional floodplain information demonstrating that the proposed work is located outside the 100-year floodplain. • Maureen Herald of Norse Environmental was present on behalf of the Applicant. The homeowners were also present. • Ms. Herald reviewed the revised project plans and alternatives analysis, explaining that the revised design reflects a significant effort to reduce impacts within the Buffer Zone. She noted that the proposed detached garage and associated gravel driveway had been eliminated from the project,the driveway width had been reduced from 27.5 feet to 26 feet, and the amount of driveway within the Buffer Zone had been reduced by approximately 415 square feet. The revised proposal includes approximately 442 square feet of new driveway within the 50-foot NBZ and provides approximately 1,337 square feet of Buffer Zone restoration, including native shrubs and seed mix,representing 3:1 mitigation. She further explained that the revised design incorporates a rain garden and other stormwater Best Management Practices(BMPs)to further reduce impacts to the Buffer Zone while maintaining the Applicant's project objectives. • Ms. Valentino expressed concern regarding the proposed arborvitae plantings within the floodplain and recommended an alternative planting arrangement that would maintain privacy while minimizing any potential restriction to flood flows. Ms. Herald agreed to revise the planting layout accordingly. • Mr. Manzi requested additional discussion of the Applicant's alternatives analysis. Ms. Herald explained the design constraints associated with relocating the driveway and garage, including the existing layout of the residence, interior floor plan,proximity of neighboring homes, and the Applicant's efforts to minimize impacts by reducing the driveway width, eliminating the detached garage and associated driveway,and incorporating stormwater BMPs and Buffer Zone restoration. She stated that the revised design represents the least environmentally damaging practicable alternative while maintaining the intended use of the property. • Darlene Pass, 606 Foster Street, expressed concern regarding potential impacts to her active well from lawn establishment and requested that fertilizers and other chemicals not affect the adjacent property. The Commission discussed the standard Order of Conditions requiring low-nitrogen fertilizer and prohibiting herbicides and pesticides within the Buffer Zone. The Commission also discussed requiring the soil stockpile to be covered and protected with erosion controls during construction to minimize runoff toward the abutting property. • A motion to approve the waiver request for restoration plantings within the 25-foot NDZ was made by Mr. White, seconded by Mr. Manzi. • Vote: 5-0,Unanimous. • A motion to approve the waiver request for driveway construction within the 50-foot NBZ was made by Mr. Bohenek, seconded by Mr. White. • Vote: 5-0,Unanimous. • Ms. Valentino requested that any regrading associated with the driveway maintain or reduce existing grades and not increase elevations within the Resource Area. The Administrator stated that the condition would be incorporated into the draft Order of Conditions. 2026-07-08 Conservation Commission Minutes Page 4 of 6 • A motion to close the public hearing and issue a decision within 21 days was made by Mr. Manzi, seconded by Mr. White. • Vote: 5-0,Unanimous. Documents 05-13-2026 Meeting Materials, 06-10-2026 Meeting Materials, 06-22-26 REV DETAILS PLAN 400 FOSTER ST., 06-22-26 REV PLAN 400 FOSTER STY 400 Foster Flood Survey Plan, Entail- 6-22 Site Plan, Flood Survey- 400 Foster Street, Town of North Andover Mail-Fwd 400 Foster Street Notice of Intent(NOI) NACC #372,885 Forest Street(Cecchini) • The Administrator presented the project for construction of an in-ground swimming pool, associated patio, pool equipment,perimeter fencing, and native plantings. The project includes work within the 50-foot NDZ and 75-foot NBZ to an Isolated Vegetated Wetland(IVW) containing a potential Vernal Pool. The Administrator reviewed the Applicant's waiver request and alternatives analysis and reported that the wetland flagging had been field verified with no changes recommended. • Maureen Herald of Norse Environmental was present on behalf of the Applicant. • The Administrator explained that the wetland is located off-site across an existing paved driveway serving an abutting property. The proposed pool footprint is located entirely within an existing lawn area,with portions of the patio, fencing, and lawn improvements extending into the 75-foot NBZ. Proposed work within the 50- foot NDZ includes removal of several trees, installation of a section of perimeter fencing, and native plantings. • Mr. White asked about the proposed work within the 50-foot NDZ and whether trees removed from the site could be replaced with new tree plantings rather than only shrubs and seed mixes. Ms. Herald agreed to consider incorporating replacement trees into the planting plan. • Ms. Valentino also asked about the proposed tree removal and remaining wooded areas on the property. Discussion followed regarding the extent of tree removal and the location of the erosion controls relative to the remaining forested area. • Mr. Manzi discussed the Applicant's alternatives analysis, including the existing septic system,the lack of municipal sewer service, and the environmental impacts of relocating the project elsewhere on the property. Ms. Herald explained that relocating the pool outside the Resource Area setbacks would require removal of a substantially larger wooded area and could result in greater impacts to potential Vernal Pool habitat. Mr. Manzi also expressed concern that future requests for additional tree removal could result if the proposed pool experiences excessive shade. • The Administrator observed that the proposed pool and patio may be able to shift closer to the house, potentially reducing encroachment into the protected Resource Area and minimizing the need for future tree removal. Ms. Herald agreed to evaluate that alternative. • The Commission discussed the requested waiver to the 50-foot NDZ and 75-foot NBZ,the existing developed conditions surrounding the wetland, and the ecological function of the potential Vernal Pool. Several members expressed interest in conducting a site visit prior to taking action on the application to evaluate existing site conditions and potential alternatives. • Melinda Perone, 65 Meadowood Road, commented on the lack of public swimming facilities in North Andover and stated that the absence of public recreational swimming opportunities increases the demand for private pools,resulting in additional projects proposed near protected Resource Areas. • A motion to continue to July 22, 2026,pending scheduling of Commission site visits,was made by Mr. Manzi, seconded by Mr. White. • Vote: 5-0,Unanimous. Documents 885 Forest Street bylaw NOI, Extension NOI 21 Day, Fee Calculation Worksheet, Plan, Screenshot 2026-07- 08121400, Site Pics General/New/Old Business 2026-07-08 Conservation Commission Minutes Page 5 of 6 MACC Annual Dues • The Administrator presented the annual MACC dues and requested the Commission's approval. • A motion to approve the annual MACC dues was made by Mr. Manzi, seconded by Mr. White. • Vote: 5-0,Unanimous. General/New/Old Business North Andover Wetlands Protection Regulations Revisions • The Commission opened the public hearing to consider proposed revisions to the North Andover Wetlands Protection Regulations. Mr. Mabon reviewed the proposed process for evaluating the revisions and noted that the Administrator had prepared both a redlined version of the Regulations and a summary memorandum identifying seventeen recommended areas of revision for Commission consideration. • The Commission discussed the relationship between the proposed regulatory revisions and the ongoing Bylaw Subcommittee review.Members clarified that the public hearing would focus on revisions to the Regulations while the Bylaw Subcommittee continued its review of potential bylaw amendments for future recommendation to the full Commission. The Commission acknowledged that any future bylaw amendments may require additional revisions to the Regulations. • The Commission discussed a process for reviewing the proposed revisions over upcoming meetings and agreed that members would review the Administrator's memorandum and redlined Regulations in advance of the next meeting. Members expressed support for reviewing the proposed revisions in manageable sections, voting on noncontroversial amendments where consensus exists, and reserving more substantive or controversial items for further discussion. Mr. Mabon expressed a goal of completing the review by the second meeting in August. • The Administrator noted that several proposed revisions are administrative in nature, including updates to references, citations, addresses, and other housekeeping items,while other proposed revisions involve policy or procedural changes that may warrant additional discussion.No action was taken on the proposed revisions during the hearing. • The Chair opened the hearing for public comment.No comments were received. • A motion to continue to the July 22, 2026 meeting was made by Mr. White, seconded by Ms. Valentino. • Vote: 5-0,Unanimous. Documents Master MEMO for Revisions 07-08-26, NA Wetlands Protection Regulations 07-08-26 REVISIONS Adjournment • A motion to adjourn at 8:50 p.m. was made by Mr. Manzi, seconded by Ms. Valentino. • Vote: 5-0,Unanimous. 2026-07-08 Conservation Commission Minutes Page 6 of 6