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HomeMy WebLinkAbout2026-07-22 Conservation Commission Minutes Approved 08/26/2026 John T. Mabon, Chair Bradley S. Mustain Marissa Valentino, Vice Chair Matthew Bohenek Albert P. Manzi Jr.David F. White Sean F. McDonough Town of North Andover North Andover Conservation Commission North Andover Conservation Commission Meeting Minutes July 22, 2026 Members Present: Albert P. Manzi, Sean F. McDonough, John T. Mabon (Chair), Marissa Valentino (Vice Chair), and Bradley S. Mustain Members Absent: Matthew Bohenek and David F. White Staff Members Present: Amy Maxner, Conservation Administrator and Alexyss Langevin, Conservation Field Inspector/Planner Meeting Came to Order at: 7:03 p.m. Quorum Present. Pledge of Allegiance Acceptance of Minutes A motion to accept the minutes of June 24, 2026, and July 8, 2026, as drafted was made by Ms. Valentino, seconded by Mr. McDonough. Vote: 401, Unanimous (In Favor: Manzi, McDonough, Valentino, Mabon; Abstained: Mustain). New Business Sutton Street Culvert Repairs (North Andover DPW) Assistant DPW Director/Town Engineer John Borgesi and DPW Director Jim Stanford presented an emergency repair plan for the historic brick arch culvert beneath Sutton Street. Mr. Borgesi explained that a structural assessment completed by TEC identified significant deterioration to the approximately 130-year-old culvert, including displaced bricks, deteriorated mortar, and damage to the stone breast wall, likely resulting from major flooding events in recent years. As a precaution, traffic was shifted to one side of Sutton Street to reduce loading over the damaged section. Mr. Borgesi outlined the proposed repair plan, which includes temporary construction access through 10 Main Street, limited tree removal, installation of temporary bypass pumping, lowering the water level in Sutton Pond during construction, temporary shoring and repairs to the culvert interior, followed by installation of a permanent reinforced structural liner. DPW staff noted that the trees requiring removal had already been identified and marked, with only the minimum number necessary to facilitate construction access. They further noted that beginning the work during the current dry season provides the most favorable conditions for construction and will help facilitate the repairs. Construction is expected to begin shortly after authorization and is anticipated to take approximately two to three months. The existing traffic pattern on Sutton Street will remain in place, with traffic continuing to be diverted away from the affected section of the culvert until repairs are complete. Commission members agreed the repairs constituted an emergency and supported proceeding with the work. Discussion included the anticipated construction schedule, maintaining the existing traffic pattern during repairs, temporary lowering of Sutton Pond for worker safety, and long-term stabilization of the culvert. Melinda Perrone, 65 Meadowood Road, asked questions regarding the historic significance of the culvert, the relationship of the project to previous dam studies, and the potential for future dam removal. DPW staff explained that the current request is limited to the emergency culvert repairs and temporary lowering of the pond to facilitate construction. The Administrator recommended issuing a friendly Enforcement Order rather than an Emergency Certification because the anticipated construction duration exceeds the 30-day period allowed for an Emergency Certification. The Enforcement Order will incorporate the proposed repair plan and require pre- construction inspections for each phase of the work. A motion to issue a friendly Enforcement Order was made by Mr. Mustain, seconded by Mr. Manzi. Vote: 50, Unanimous. Documents Sutton Street Stone Brick Arch Culvert - Con Com Memo 07-2026.pdf Modification 242-1911, Osgood Street & Great Pond Road Intersection Improvement (North Andover DPW/Tropeano Contractors) The Administrator reminded the Commission that Tropeano Construction Contractors had requested a modification to the Order of Conditions requiring a $50,000 cash performance bond. At the previous meeting, the Commission requested additional information before making a decision. The contractor requested that the Commission accept the existing Town performance bond in lieu of the required cash bond or, alternatively, allow a separate surety bond. Pending the Commission's decision, the contractor submitted a $50,000 check payable to the Town, which is being held by the Conservation Office. The Administrator also provided the Commission with the bid documents, RFP response, and final contract for review. Assistant DPW Director/Town Engineer John Borgesi explained that the project is already secured by a 100% performance bond, a 50% payment bond, and a five percent retainage totaling approximately $80,000, which will be withheld until substantial completion. He stated that DPW would not release the retainage without approval from the Conservation Administrator, ensuring that all conservation-related work is completed before final payment. Mr. Borgesi also explained that requiring contractors to provide an additional $50,000 cash bond increases project costs and may discourage smaller contractors from bidding on Town projects. Mr. Mabon summarized comments submitted by Commissioner Bohenek, who reviewed the contract documents and noted that bonding requirements for Town projects should be better coordinated. While Commissioner Bohenek questioned whether the additional cash bond duplicated existing project bonding, he also recognized the importance of ensuring adequate financial assurance to protect the Commission's interests. Mr. Mabon suggested the Commission develop a policy for future Town projects addressing bonding requirements. Mr. Mustain stated that, in this instance, he believed the Commission's cash bond requirement was redundant given the existing performance bond, payment bond, and retainage, and supported evaluating future requests on a case-by-case basis rather than through a blanket policy. Ms. Valentino agreed that, for a project of this size with multiple financial safeguards and on-site oversight, she would support accepting a performance or surety bond in lieu of a cash bond. Mr. McDonough and Mr. Manzi expressed concern that a cash bond remains the most practical and accessible form of financial security should the Town need to complete unfinished work or address violations. They emphasized that, based on prior experience, cash bonds have historically provided the most reliable means of ensuring work is completed when projects encounter problems. DPW Director Jim Stanford acknowledged the challenges associated with both cash and surety bonds and discussed potential alternatives for future Town projects, including establishing Town-held funds or other financial mechanisms that could provide the Commission with adequate assurance while reducing the burden on contractors. The Administrator also emphasized the importance of ensuring projects are fully completed, including receipt of as-built plans and final deliverables, before financial security is released. Several Commissioners acknowledged that the discussion highlighted the need to establish a consistent approach to bonding requirements for future Town projects. A motion to approve the request to modify the bond condition for the Osgood Street/Great Pond Road Intersection Improvements was made by Mr. Mustain, seconded by Ms. Valentino. Vote: 230, Motion Failed (In Favor: Mustain, Valentino; Opposed: Manzi, McDonough, Mabon). The request is denied. 2026-07-22 Conservation Commission Minutes Page 2 of 6 Documents 07-08-2026 Meeting Materials, Bid Package, Executed Bond, Executed Contract, Tropeano's Bid, Town of North Andover Mail - Fwd_ 125_Great Pond Road Intersection, #242-1911 - Request to Modify Bond Condition.pdf Modification 242-1885, 416 Abbott Street (Zieja) The Administrator explained that the Order of Conditions, issued in July 2024, approved after-the-fact permitting for patio construction, soil disturbance, foundation drain installation, and proposed work involving rear stairs, fencing, and Buffer Zone restoration. The requested modification includes demolition of the existing rear deck by hand, construction of a new deck with a smaller footprint outside the 50-foot No Build Zone (NBZ), and installation of a 15-foot by 15-foot wood chip play area with a playground apparatus in a previously disturbed area associated with the foundation drain installation. The Administrator noted that the play area must remain outside the 25-foot No Disturb Zone (NDZ) and explained that the Commission has previously determined that play structures are not considered structures under the regulations. The Administrator confirmed that all previously approved work, including the patio, stairs, fencing, restoration plantings, and lawn reestablishment, had been completed, with the restoration currently in its second year of monitoring. Commission members discussed the proposed location of the deck and play area and agreed the play structure could be located within the 50-foot Buffer Zone provided it remains outside the 25-foot NDZ. The Commission also clarified that any grading necessary to level the play area must remain outside the 25-foot NDZ. David Zieja, the homeowner, asked why a small portion of the play area could not extend into the 25-foot NDZ. The Administrator and Commission explained that the Wetlands Bylaw emphasizes avoiding impacts whenever possible and that maintaining the 25-foot NDZ is critical to protecting wetland functions and water quality. Commissioners noted that the previously approved project had already allowed flexibility within the Buffer Zone and reiterated the importance of preserving the integrity of the remaining undisturbed area. A motion to approve the Modification as presented was made by Mr. Mustain, seconded by Ms. Valentino. Vote: 50, Unanimous. Documents Mod Plans.pdf, Modification Request with Supporting Materials - 416 Abbott Street 07 13 26.pdf Small Project NACC #376, 60 Inglewood Street (Stride Services/DeNardo) The Field Inspector/Planner presented the proposal to replace the existing front concrete stairs and landing with a pressure-treated wood stair and landing system with vinyl railings, constructed within the existing footprint. The proposed work is located approximately 153 feet from the mean high water line of the Shawsheen River and is outside the 100-foot Buffer Zone. The Field Inspector/Planner recommended approval of the project with a pre-construction site inspection and a post-construction inspection by Conservation staff. During discussion, the Commission determined the project qualified as a Category "L" Small Project. No one was present for the project. A motion to approve the project as a Small Project under Category "L", subject to the conditions recommended by staff, was made by Mr. McDonough, seconded by Mr. Mustain. Vote: 50, Unanimous. Documents Aerial distance to river-60 Inglewood Street.pdf, Screenshot 2026-07-20 144436.png, Small Project Application with Supporting Materials - 60 Inglewood Street 07 13 26.pdf 2026-07-22 Conservation Commission Minutes Page 3 of 6 Small Project NACC #377, 36 Beaver Brook Road (HHH Property Services/Pederzani) The Administrator presented the proposal to replace the existing deck utilizing the existing footings and to relocate the existing stairs to provide access adjacent to the existing patio. The new stairs will be supported by a concrete footing installed outside the 50-foot No Build Zone (NBZ). The proposed work will be completed by hand, with a trailer staged in the driveway for material storage and debris removal. The Administrator noted that the property was previously permitted under an Order of Conditions issued in the late 1990s for construction of the house and associated appurtenances. A Certificate of Compliance was issued in October 2002, and the recorded as-built plan showed the existing deck cantilevered with the footings located just outside the 50-foot NBZ. She further noted that current field measurements confirm the wetland boundary remains consistent with the approved as-built plan. The Administrator recommended approval of the project as a Category "B" Small Project, subject to a pre-construction meeting to inspect erosion controls and a post-construction inspection by Conservation staff. The contractor was present. A motion to approve the project as a Small Project under Category "B", subject to the conditions recommended by staff, was made by Mr. McDonough, seconded by Ms. Valentino. Vote: 50, Unanimous. Documents 36 Beaver Brook Deck 07-10-26, Application pg 1.png, Application pg 1.png, as built.png, As-Built Annotated - Deck replacement 36 Beaver Brook.pdf, HHH DECK PLAN.pdf, Narrative.png hhh_Additional_Deck_Info_Mon_Jul_6_2026_13-48-30.pdf, HHH_Deck_Thu_Jun_25_2026_15-13-11.pdf Request for Determination of Applicability 234 Hay Meadow Road (Halvorsen) The Field Inspector/Planner presented the proposal to rehabilitate the existing driveway through full-depth reclamation, regrading, and repaving. The project also includes widening the driveway by two feet along the westerly side to accommodate two vehicles. The closest point of the existing driveway is located approximately 96 feet from the Bordering Vegetated Wetland (BVW) and within the outer Riverfront Area associated with Fish Brook. The proposed expansion does not extend closer to the Resource Area than the existing house. The Field Inspector/Planner recommended issuance of a Negative Determination #3, subject to installation of an 8-inch mulch sock prior to construction, a pre-construction site inspection with the contractor, homeowner, and Conservation staff, and a post-construction inspection to verify compliance and approve removal of the erosion controls. The Commission discussed the proposed driveway expansion. Members asked about the purpose of the additional two-foot width, and Howard Cooper, of Cooper's Asphalt, explained that the expansion would allow two vehicles to pass side by side. No abutters were present. A motion to close the public hearing and issue a Negative Determination #3, subject to the conditions recommended by staff, was made by Mr. Mustain, seconded by Mr. Manzi. Vote: 50, Unanimous. Documents RDA Application with Supporting Materials 07 09 26 R1.pdf Notice of Intent (NOI) NACC #372, 885 Forest Street (Cecchini) The Applicant requested a continuance. A motion to continue to the August 12, 2026 meeting was made by Mr. Manzi, seconded by Mr. McDonough. Vote: 50, Unanimous. Documents Email from maureen@norseenv.com requesting a continuance until 08/12/26 2026-07-22 Conservation Commission Minutes Page 4 of 6 Enforcement Order/Violation 242-829, Holt Road Landfill MassDEP The Applicant requested a continuance. A motion to continue to the August 12, 2026 meeting was made by Mr. Manzi, seconded by Mr. McDonough. Vote: 50, Unanimous. Documents Email from JonesNE@cdmsmith.com requesting a continuance until 08/12/26 Enforcement Order/Violation 129 Forest Street EO Follow Up (Trickett) The Administrator reminded the Commission that the Enforcement Order was issued for the construction of hardscape improvements within the 50-foot Buffer Zone and 25-foot No Disturb Zone (NDZ) without the required permits. The required restoration work was completed by the established deadline, and the Enforcement Order remained open through an additional growing season to allow the restored lawn to become established. The Administrator reported that the restoration has been successfully established and recommended lifting the Enforcement Order. She noted that doing so would allow the homeowners to proceed with obtaining a Certificate of Compliance for the previously permitted house addition. A motion to lift the Enforcement Order was made by Mr. Mustain, seconded by Mr. McDonough. Vote: 50, Unanimous. Documents 04-26-2023 Meeting Materials, 05-08-2024 Meeting Materials, 06-12-2024 Meeting Materials, 08-28-2024 Meeting Materials, 09-10-2025 Meeting Materials,129 Forest Street - 2nd Amended Enforcement Order 08 28 24.pdf, 3771.jpg, 3772.jpg, Patio Violation Pic.jpg Decision 242-1928, 400 Foster Street (Colomba) The Commission reviewed the draft Order of Conditions and amended the findings to reference the project's location within the 100-year floodplain (Zone A) rather than identifying a specific flood elevation. 8:27 p.m., the Field Inspector/Planner left the meeting. The Commission determined that the proposed performance bond amount was sufficient. A motion to approve the Order of Conditions as drafted and amended was made by Mr. McDonough, seconded by Ms. Valentino. Vote: 401, Unanimous (In Favor: Manzi, McDonough, Valentino, Mabon; Abstained: Mustain). General/New/Old Business North Andover Wetland Protection Regulations Revisions 8:29 p.m., the Field Inspector/Planner rejoined the meeting. Mr. Mabon continued the Commission's review of the proposed Wetlands Protection Regulations using the Administrator's memorandum and redlined draft. The Commission reviewed Points 1 through 4 of the memorandum. The Administrator presented proposed revisions to incorporate the Small Project Permit into the body of the Regulations, remove application forms and checklists from the appendices, update references, citations, addresses, and terminology throughout the Regulations, revise the Purpose section to include all interests protected under the Wetlands Protection Act and the local Wetlands Protection Bylaw, and reorganize the Resource Areas listed in Section 1.3 for consistency throughout the Regulations. The Commission expressed consensus with the proposed revisions. The Commission also discussed proposed revisions to the Riverfront Area mapping references. Public comment was received from Melinda Perrone, 65 Meadowood Road, regarding the accessibility of the Town's riverfront mapping resources and the labeling of waterways on the Town's maps and the USGS National Map. 2026-07-22 Conservation Commission Minutes Page 5 of 6 Following discussion, the Commission agreed that additional work was needed to improve mapping references and supporting information before finalizing that section of the Regulations. The Commission discussed whether to vote on individual sections of the Regulations as they were reviewed or defer formal action until completion of the full document. Members agreed to continue reviewing the proposed revisions section by section and take formal action on the completed Regulations at a future meeting. The Commission agreed to continue its review beginning with Point No. 5 Fee Schedule at the next meeting. No formal action was taken. Documents 07-08-2026 Meeting Materials Adjournment A motion to adjourn at 8:53 p.m. was made by Mr. McDonough, seconded by Ms. Valentino. Vote: 50, Unanimous. 2026-07-22 Conservation Commission Minutes Page 6 of 6