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HomeMy WebLinkAbout2026-08-12 Conservation Commission Minutes Approved 09/09/2026 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 August 12, 2026 Members Present: Sean F. McDonough, Marissa Valentino (Vice Chair), Matthew Bohenek, and Bradley S. Mustain Members Absent: John T. Mabon (Chair), Albert P. Manzi, and David F. White Staff Members Present: Amy Maxner, Conservation Administrator, and Alexyss Langevin, Conservation Field Inspector/Planner Meeting Called to Order at: 7:01 p.m. Quorum Present. Pledge of Allegiance Acceptance of Minutes The minutes for the July 22, 2026 meeting are not ready for approval. Certificate of Compliance NACC #43, 22 Thistle Road (Carr) The Administrator presented the request for a Certificate of Compliance for the completed construction of an in-ground pool, patio, and fencing within the 100-foot Buffer Zone to an Isolated Wetland containing a Vernal Pool. The Commission had granted a waiver from the 75-foot No-Build Zone in exchange for mitigation consisting of relinquishing and replanting maintained lawn that encroached within 25 feet of the wetland and installing fencing at the top of the slope. The Administrator reported that the project was completed in 2011 and that the mitigation area is now fully vegetated. She noted that the site is stable, wetland markers are installed along the rear chain-link fence, and no outstanding issues were observed. Brian Carr, the homeowner, was present. A motion to issue a full and complete Certificate of Compliance with on-going conditions as prescribed in the Order of Conditions was made by Mr. McDonough, seconded by Mr. Mustain. Vote: 40, Unanimous. Documents 22 Thistle Rd - Request for COC, 22 Thistle Rd Request for COC Conformance Letter, 2026-08-12 AS BUILT 22 THISTLE ROAD NORTH ANDOVER, Form 8A 22 Thistle Rd, IMG_6836, IMG_6839, IMG_6842 Certificate of Compliance 242-1808, 25 Beechwood Drive (Beechwood Drive JV, LLC) The Administrator presented the request for a Certificate of Compliance for the completed construction of a 30,000-square-foot, three-story self-storage facility, parking, associated drive aisles, underground infiltration chambers, oil/water separators, catch basins, perimeter fencing, grading, an on-site septic system, and utilities. Some of the work occurred within the 100-foot Buffer Zone, but outside the 50-foot No-Build Zone, to Bordering Vegetated Wetlands. The Administrator reported that the required one-year maintenance contract had been submitted and that inspection and cleaning of the stormwater BMPs were performed the previous week. Wetland markers and snow signage indicating both allowed and prohibited areas for snow storage were installed at the site. She noted that the site is stable, erosion controls were removed, and no outstanding issues were observed. Mr. Mustain advised the applicant that the stormwater BMP maintenance and cleaning are an on-going obligation. William Buckley of GFI Partners, on behalf of Beechwood Road JV, LLC, was present. Mr. Buckley confirmed his understanding that cleaning and maintenance of the stormwater BMPs is an on-going requirement. A motion to issue a full and complete Certificate of Compliance with on-going conditions as prescribed in the Order of Conditions was made by Mr. McDonough, seconded by Mr. Mustain. Vote: 40, Unanimous. Documents 25 Beechwood CofC Pics 8-10-26, 242-1808, Beechwood Drive Stormwater O&M Plan, Blank Inspection Sheets, 1000012633 EC removed, 1000012634 EC removed, 1000012635 EC removed, As-Built Plan, Beechwood Combined Final CofC Request 8-4-26, Beechwood NE Stormwater Inv 8-10-26, Stormwater 1- Year Contract, Stormwater Inspection report Small Project NACC #378, 89 Bear Hill Road (Chavez) The Field Inspector/Planner presented the proposal to demolish the existing upper and lower decks and replace only the upper 16-foot by 4-foot deck, stairs, and footings. The closest portion of the proposed work is located approximately 54 feet from the Intermittent Stream. All work will be completed by hand. The Field Inspector/Planner recommended approval of the project as a Category "A" Small Project, subject to installation of erosion control in the form of a staked straw wattle, a pre-construction site inspection, and a post-construction inspection by Conservation staff. Robert Ford, the homeowner, was present. Mr. Ford stated that the backyard is fairly level and that bricks are currently located beneath the deck. He noted that the area would not be grass because grass would not grow beneath the deck and indicated that the existing surface would remain in place until a decision is made regarding any future treatment of the area. During discussion, the Commission determined that the proposed treatment of the area beneath the lower deck would be reviewed with staff during the pre-construction site inspection to ensure no additional permitting is required and that the area remains stabilized. A motion to approve the project as a Small Project under Category "A", subject to the conditions recommended by staff and as discussed, was made by Mr. McDonough and seconded by Mr. Mustain. Vote: 40, Unanimous. Documents IMG_5847, IMG_5850, IMG_5852, IMG_5853, Neighboring property delineation, Small Project Application with Supporting Materials - 89 Bear Hill Road 07 30 26 Request for Determination of Applicability 79 Boxford Street (Ungvarsky) The Field Inspector/Planner presented the proposal to install vinyl fencing extending from the southeastern rear corner of the house toward the existing tree line. She initially reported that a portion of the fence would be located within the 25-foot NDZ, with the closest point approximately 22 feet from BVW, and that the remaining fencing would be located within the 50-foot NBZ. The proposed fence would be installed within existing lawn and is intended to provide a secure backyard area. All work is proposed to be completed by hand. Zachary Ungvarsky, the homeowner/Applicant, was present. Mr. Ungvarsky clarified that the proposed fence would extend to the existing tree line, which is approximately 10 to 12 feet from the wetland flags. The Field Inspector/Planner acknowledged that she had misunderstood the proposed fence location and measurement during the site visit and confirmed that the proposed fence would therefore be approximately 10 to 12 feet from the wetland. 2026-08-12 Conservation Commission Minutes Page 2 of 7 Mr. Ungvarsky explained that the purpose of extending the fence to the tree line was to provide additional security for his young children and minimize gaps in the fenced area. He stated that the area is existing maintained lawn and that no trees or tree limbs would be disturbed. The Commission discussed whether the fence could remain outside the 25-foot NDZ and expressed concern regarding allowing new work within the 25-foot NDZ without sufficient justification or mitigation. The Commission discussed requiring a portion of the existing lawn adjacent to the tree line to be relinquished and allowed to return to a natural condition as mitigation for the proposed encroachment. Following discussion, the Commission determined that a minimum 5-foot-wide area along the existing tree line would be marked by Conservation staff and allowed to return to a natural condition without mowing. The area would be marked with posts, and existing wetland markers would be supplemented or relocated as necessary. No abutters were present. A motion to grant the waiver allowing the proposed fence within the 25-foot No-Disturb Zone, as discussed, and to close the public hearing and issue a Negative Determination #3, subject to the conditions recommended by staff, was made by Mr. Mustain and seconded by Mr. Bohenek. Vote: 310, Motion Approved (In Favor: Valentino, Bohenek, Mustain; Opposed: McDonough). The request is approved. Documents 79 Boxford Street - Small Project Application with Supporting Materials 07 30 26 R1, IMG_5775 Notice of Intent (NOI) 242-1923, 520 Great Pond Road - Tree Removal (NA Country Club) The Administrator reported that the Country Club Board of Directors reviewed the third-party peer arborist report and determined that the recommendations were beyond the scope of work they wished to pursue. The Applicant therefore requested to withdraw the Notice of Intent without prejudice. A motion to accept the withdrawal without prejudice was made by Mr. Mustain, seconded by Mr. McDonough. Vote: 40, Unanimous. Documents 01-28-2026 Meeting Materials, 03-11-2026 Meeting Materials, Mid_520 Great Pond Road_North Andor Country Club_Report, Norse 8-5-26 withdrawal memo 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 26, 2026 meeting was made by Mr. McDonough, seconded by Mr. Bohenek. Vote: 40, Unanimous. Documents Email from maureen@norseenv.com requesting a continuance until 08/26/26 Notice of Intent (NOI) NACC #372, 885 Forest Street (Cecchini) The Applicant requested a continuance. A motion to continue to the September 9, 2026 meeting was made by Mr. McDonough, seconded by Mr. Bohenek. Vote: 40, Unanimous. Documents Email from maureen@norseenv.com requesting a continuance until 09/09/26 Notice of Intent (NOI) 2026-08-12 Conservation Commission Minutes Page 3 of 7 242-1931, 1101 Turnpike Street (Massachusetts Electric Co.) The Administrator presented the proposal for an in-kind replacement of the existing exterior emergency staircase and associated foundation support at the southerly end of the existing building at the National Grid operations and maintenance facility. The work will result in approximately 170 square feet of temporary impacts and will occur within the 200-foot Riverfront Area, 100-foot Buffer Zone to BVW, the 50-foot NBZ, and a portion of the 25-foot NDZ. The wetland delineation remains accurate, and a waiver request was submitted for the work within the 25-foot and 50-foot zones. Kelan Koncewicz of VHB, the wetland scientist, was present. During discussion, it was confirmed that the staircase replacement is within the existing footprint, with some temporary impacts extending beyond the structure footprint to complete the work. The Commission discussed erosion control and specified use of a staked 12-inch mulch sock as perimeter control. A motion to grant the waiver request for work within the 25-foot NDZ and 50-foot NBZ was made by Mr. Mustain and seconded by Mr. Bohenek. No abutters were present. A motion to close and issue in 21 days was made by Mr. McDonough, seconded by Mr. Bohenek. Vote: 40, Unanimous. Documents Certified Abutter list, Local Fee Calculation Worksheet, North Andover Stairwell Replacement NOI final compiled updated, Pics, Town of North Andover Mail - External Stair Foundation Repair Notice of Intent (NOI) 242-1930, Berry Street/Turnpike Street (Town of North Andover) The Administrator presented an overview of the approximately 2-acre Town-owned project site, which contains an existing gravel parking lot and access drive off Berry Street and is surrounded by wooded wetlands. On-site resource areas include BVW, an Ephemeral Pool containing fairy shrimp that qualifies as a certifiable Vernal Pool, and Riverfront Area associated with a perennial stream located across Route 114. The site is also located within Priority Habitat mapped by the Natural Heritage and Endangered Species Program (NHESP). The proposed project includes clearing, grading, construction of a five-bay fire station, access drives, parking, utilities, and stormwater BMPs. The project respects the 50-foot NDZ and 75-foot NBZ associated with the Vernal Pool. The Administrator noted that the project remains under Planning Board review and has been sent to Horsley Witten for third-party stormwater peer review. She also advised that she had provided technical comments to the project team and anticipated that plan revisions would occur after comments from the various reviewing parties were received. Katie Van Hamel of Saccoccio & Associates Architects, Nick Facendola of Level Design Group, LLC, Fire Chief John Weir, and Neil Joyce, the Ow project team stated that the proposed 9,100-square-foot, one-story fire station would be located generally within the footprint of the existing gravel parking area and that the intent is to preserve as much of the existing tree line as possible. Mr. Facendola reviewed the proposed site work and stormwater design. He stated that approximately 1,200 square feet of disturbance is proposed within Riverfront Area and just over 5,000 square feet of disturbance is proposed within the 50- to 100-foot Buffer Zone. Proposed stormwater measures include catch basins, an infiltration basin, a bioretention basin, and grassed swales. He also clarified that a future connection to the Sharpeners Pond Fields is shown on the plans for reference only and is not part of the present Notice of Intent. During Commission discussion, the project team confirmed that no waiver from the 75-foot NBZ is being requested and that the alternatives analysis submitted with the application relates to Riverfront Area impacts. The Administrator noted that the Resource Area lines and associated setback lines would be revised for clarity in response to her technical comments. 2026-08-12 Conservation Commission Minutes Page 4 of 7 The project team stated that the site is located within Priority Habitat mapped by the Natural Heritage and Endangered Species Program and that the project has been submitted through the simplified review process with NHESP. When asked about the listed species, the project team stated that the species could not be disclosed publicly and noted that the environmental consultant found no habitat for the listed species on the project site. Vice Chair Valentino opened the hearing to public comment and reminded attendees that the Conservation imited to wetland-related matters. George Mear of 2147 Turnpike Street expressed opposition to the proposed fire station and raised concerns regarding existing wet conditions, drainage, heavy rainfall, leaves clogging drainage systems, and the potential for stormwater to back up onto neighboring properties. Vice Chair Valentino clarified that the referred for third-party engineering review. Carol Mear of 2147 Turnpike Street also expressed opposition to the proposed fire station and raised broader concerns regarding the proposed use and location of the property. John Watters of 2125 Turnpike Street requested that the Commission consider conditions prohibiting routine vehicle maintenance and petroleum storage on site due to the reliance of nearby properties on private groundwater wells. He expressed concern regarding accidental petroleum releases and groundwater contamination. Chief Weir stated that routine vehicle maintenance is not proposed at the facility and that most Fire Department vehicle maintenance is performed off site. He noted that emergency repairs may occasionally need to occur on site, but there are no plans to install vehicle lifts or other equipment for routine maintenance. The Commission discussed including an appropriate restriction in the Order of Conditions. The Administrator also reported that an abutter at 362 Berry Street had submitted written comments expressing concern regarding overflow from the proposed detention basin and the potential for water to pond on his property. She stated that the comments had been shared with the project team for review. The Administrator noted that additional comments and plan revisions are anticipated following completion of the outstanding reviews. A motion to continue to September 9, 2026, was made by Mr. McDonough and seconded by Mr. Mustain. Vote: 40, Unanimous. Documents 2455 Fire Station 3-Notice of Intent Application (07-29-2026), 2455-Fire Station 3-Site Plans (07-20-2026), 2455-Fire Station 3-Stormwater Report (07-20-2026), 2455-North Andover Fire Station 3 - Architect Renderings, Berry Street_Turnpike Street (NOI) Final Legal 08 12 26, Town of North Andover Mail - Fwd_ Conservation abutter comment- Berry Street Fire Station Enforcement Order/Violation 242-829, Holt Road Landfill MassDEP The Administrator reported that MassDEP, the owner of the Holt Road Landfill, has been working on a plan to repair the swale and toe drain damaged by erosion during the severe storms in 2023. The first phase of work will address repair of the toe drain. Chandler Peterson of CDM Smith, on behalf of MassDEP Boston, was present and explained that approximately 90 linear feet of toe drain had washed out. The proposed first phase consists of replacing the riprap within the damaged toe drain area. Mr. Peterson stated that the timing of the next phase is not yet known and that MassDEP will need to develop a cost estimate and secure funding before proceeding with additional repairs. The Administrator recommended an amended Enforcement Order requiring proper erosion control installation, pre- and post-construction site inspections with Conservation staff and responsible parties, weekly monitoring and reporting to the Conservation Department while work is underway, and reporting back to the Commission once the work is complete and the area is fully stabilized. A motion to approve the amended Enforcement Order, as discussed, was made by Mr. McDonough and seconded by Mr. Bohenek. 2026-08-12 Conservation Commission Minutes Page 5 of 7 Vote: 40, Unanimous. Documents 02-12-2025 Meeting Materials, Landfill Pics - Slope, Toe Drain Conditions 7-17-26, 02-12-25 EO - Holt Road Landfill - Erosion, 07-17-26 Email - Site Visit, Materials List for 8-12-25 Mtg, E. Van Doren EMail - Holt Road Landfill - Extension Request, Holt Road Landfill - Interim Toe Drain Repair, Town of North Andover Mail - Holt Road Landfill - Extension Request - S. Lipman back at DEP, Town of North Andover Mail - Holt Road Landfill - Extension Request Enforcement Order/Violation 197 Hickory Hill Road (King/Bowe/Rackleff) The Administrator reported that a building permit application for rear deck replacement had been submitted after work had already begun. During a site inspection, Conservation staff observed that the pre-existing deck had been demolished, several footing holes had been excavated, and footings were in various stages of being poured within the 100-foot Buffer Zone to BVW. The Administrator further reported that spoils from the footing holes had been dumped at the edge of and within the wetland, along with yard waste. A violation letter was issued requiring all work to cease. The dumped soils and yard waste have since been removed. The homeowners subsequently engaged Norse Environmental to delineate the wetlands. The proposed deck work included squaring off the previous deck footprint, which would extend the structure closer to the Kelsey Bowe and Paul King, the homeowners, were present. The Commission discussed the difference between replacing the deck in kind and expanding the deck beyond the previous footprint. The Commission indicated that an in-kind replacement would generally be viewed more favorably, while an expanded deck would require additional plan detail, including survey information, alternatives, and mitigation. The Administrator recommended that an after-the-fact Request for Determination of Applicability be filed for an in-kind replacement, or that a Notice of Intent be filed if the homeowners elect to square off or otherwise expand the deck beyond the previous footprint. Following discussion, the Commission determined that a survey would be required if the deck is expanded beyond the previous footprint, but would not necessarily be required for an in-kind replacement. The Commission determined that the Enforcement Order would require the filing of an after-the-fact RDA for an in-kind replacement, or a Notice of Intent for any expansion beyond the previous footprint. A motion to issue the Enforcement Order, as discussed, was made by Mr. McDonough and seconded by Mr. Bohenek. Vote: 40, Unanimous. Documents 7-28-26 Inspection Notes, Pre-Existing Deck Assessor Layout Plan, Violation Letter - 197 Hickory Hill Road 07 22 26 Enforcement Order/Violation 449 Summer Street (De Lima) The Administrator reported that, in response to a building permit application for a rear deck, Conservation staff inspected the property and observed extensive clearing in the backyard extending to the wetland. An Enforcement Order was issued requiring all work to cease, the wetland to be delineated, and a survey plan to be prepared to establish the wetland limits, the 25-foot NDZ, the extent of disturbance, and the area requiring restoration. The Administrator reported that the homeowner responded promptly and engaged a wetland consultant, who delineated the wetland. Based on measurements from the wetland flags, the proposed rear deck is located outside the 100-foot Buffer Zone and is therefore The Administrator recommended that restoration of the 25-foot NDZ be addressed under the Enforcement Order and that any proposed improvements within the remainder of the backyard between 25 and 100 feet be reviewed under a separate wetland filing. 2026-08-12 Conservation Commission Minutes Page 6 of 7 Avelar Barretto De Lima, the homeowner, was present and stated that the proposed backyard improvements include grass and a shed. The Commission advised that a survey and restoration plan should be submitted showing the proposed restoration within the 25-foot NDZ, as well as the proposed backyard improvements for future review. Following discussion, the Commission determined that the amended Enforcement Order would require submission of a survey plan and restoration plan for the 25-foot NDZ in time for the September 23, 2026 meeting, with materials due seven business days prior. The survey plan will also show the proposed backyard grass and shed. Materials may be submitted earlier if completed sooner. A motion to issue the amended Enforcement Order, as discussed, was made by Mr. Mustain and seconded by Mr. McDonough. Vote: 40, Unanimous. Documents Enforcement Order - 449 Summer St. Clear Cutting 7-31-26, image1 Wetland Delin BZ limit General/New/Old Business North Andover Wetland Protection Regulations Revisions (Public Hearing) The Administrator noted that, due to member availability, the Commission would continue the public hearing on revisions to the Wetland Protection Regulations to the August 26, 2026 meeting. The Commission discussed scheduling a separate public hearing dedicated solely to the regulation revisions. The date for the dedicated hearing will be announced at the August 26, 2026 meeting and posted on the Town calendar. A motion to continue the public hearing to August 26, 2026, was made by Mr. Mustain and seconded by Mr. McDonough. Vote: 40, Unanimous. Documents 07-08-2026 Meeting Materials Adjournment A motion to adjourn at 8:34 p.m. was made by Mr. McDonough, seconded by Mr. Mustain. Vote: 40, Unanimous. 2026-08-12 Conservation Commission Minutes Page 7 of 7