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HomeMy WebLinkAbout2019-07-24 Conservation Commission Minutes 07 24 19 NACC Meeting Minutes Page 1 of 8 North Andover Conservation Commission Meeting Minutes July 24, 2019 Members Present: Louis A Napoli, Chairman, Albert P. Manzi, Jr., Vice Chairman, Joseph W. Lynch, Deborah A. Feltovic, Douglas W. Saal and Sean F. McDonough Members Absent: John T. Mabon Staff Members Present: Amy Maxner, Conservation Administrator Meeting came to Order at: 7:01 p.m. Quorum Present. Pledge of Allegiance Acceptance of Minutes  A motion to accept the minutes of the June 26, 2019 as reviewed and amended is made by Mr. Manzi, seconded by Mrs. Feltovic.  Vote 5-0, Unanimous. Certificate of Compliance (COC) 242-0700, Partial COC Request, 58 Bucklin Road (McCaffery)  The Administrator states not all of the lots were in jurisdiction. Lot 5 was not within jurisdiction but was listed on the OOC. There appears to be a small drainage feature in the backyard. It appears to have been placed for flood control of the backyard.  A motion to issue a Partial Certificate of Compliance is made by Mr. Manzi, seconded by Mrs. Feltovic.  Vote 5-0, Unanimous. Documents  COC Request Letter, dated July 16, 2019 prepared by McCaffery & McCaffery Law Offices  WPA Form 8A-Request for Certificate of Compliance, dated July 16, 2019  242-0700, Order of Conditions, dated September 7, 1994  242-0700, Extension Permit, dated August 20, 1997  Special Permit and Definitive Plan, dated April 1994, revised April 23, 1995, prepared by Merrimack Engineering Services, Inc. 242-1428, Turnpike Street, Lot 4N-A, (One Hundred Fourteen Trust)  The applicant requested a continuance via email.  A motion to continue until August 14, 2019 is made by Mrs. Feltovic, seconded by Mr. Lynch.  Vote 5-0, Unanimous. Documents  Email from patrickgarner@me.com requesting a continuance until 8/14/19 Modification Request 242-1720, 33 Regency Place (Maroun)  Maureen Herald, Norse Environmental presents the request for an after-the-fact modification for a basketball court. The court was built within the 100-foot Buffer Zone of BVW but not within the 50-foot NBZ. An Enforcement Order was issued by the NACC on June 20, 2019.  Mr. Napoli confirms that sod/grass will be placed in the gravel area.  A motion to issue a Modification to the Order of Conditions as proposed is made by Mr. Manzi, seconded by Mrs. Feltovic.  Vote 5-0, Unanimous. 07 24 19 NACC Meeting Minutes Page 2 of 8 Documents  Basketball Court As-Built Site Plan, dated July 2, 2019, prepared by Christiansen & Sergi  Correspondence Letter, dated July 17, 2019, prepared by Norse Environmental Services, Inc. Small Project NACC #237, 657 Forest Street (Stronck)  The Administrator states the proposed work includes razing an existing 4’x8’ deck and replacing it with a 14’x16’ deck. The new deck will have steel screw pilings. The work also includes construction of a new patio and walkway, with a total area of 296 s.f. All of the work is within the 100-foot Buffer Zone but outside the 50-foot NBZ. She has concerns that the proposal narrative mentions excavation. Excavation is prohibited under a small project. She questions if the project can be done without mechanical excavation.  Mr. Stronck, the homeowner states it can be done without mechanical excavation. However, it would take a lot of time. Right now the main focus right is to complete the deck. The patio project is something they are looking to complete in the future.  Mr. Lynch states if the applicant would like to withdraw the request for the patio the project is approvable.  Mr. Stronck withdraws the request for the patio and walkway.  The Commission discusses the small project plan.  Mr. Saal would like to know the height of the deck.  Mr. Stronck states the deck will be approximately 30-32-inches above ground and will require three steps.  7:11 p.m., Mr. McDonough arrives.  A motion to deny the patio as a Small Project and accept the proposed deck as a Small Project A is made by Mr. Lynch, seconded by Mrs. Feltovic.  Vote 5-0, Unanimous, Abstained: Mr. McDonough.  A motion to approve the Small Project for the deck as proposed (post construction inspection required) is made by Mr. Manzi, seconded by Mr. Lynch.  Vote 5-0, Unanimous, Abstained: Mr. McDonough. Documents  Small Project Application w/Supporting Materials, dated July 8, 2019  Certified Plot Plan, dated August 23, 2010, prepared by Waypoint Surveying Services NACC #238, 15 Hepatica Drive (Poon)  The Administrator states the proposal is for a new 8’x8’ shed in the side yard. The shed will be outside the 50-foot NDZ from BVW. Based on field measurements the rear of the shed will be 53-feet from a remnant wetland flag.  Mr. Lynch questions the terrain of the side yard.  The Administrator states the terrain is flat.  A motion to accept this as a Small Project C is made by Mr. McDonough, seconded by Mrs. Feltovic.  Vote 6-0, Unanimous.  A motion to approve the Small Project for the deck as proposed (post construction inspection required) is made by Mr. McDonough, seconded by Mrs. Feltovic.  Vote 6-0, Unanimous. Documents  Small Project Application w/Supporting Materials, dated July 19, 2019  Small Project Plan, dated July 23, 2019 Notice of Intent (NOI) 242-1759, 338 Blue Ridge Road (Verminski) 07 24 19 NACC Meeting Minutes Page 3 of 8  Ms. Herald, Norse Environmental reviews the main changes to the plans requested by the NACC. Encroachment of the 200-foot Riverfront Area was eliminated and a retaining wall added at the rear of the pool.  Mr. Lynch cautions the applicant not to encroach on the no disturb area.  Mr. McDonough would like to know the closest distance from the fence to the 25-foot NDZ. He would like to know what the applicant intends to do with the area on the other side of the fence.  Ms. Herald states the closest point is 11-feet.  Ms. Verminkski states they will allow the area to vegetate naturally.  The Administrator would like to know if tree removal is still necessary given the addition of the retaining wall.  Ms. Herald states they would like the option to remove some trees. This will allow the pool more sunlight.  Mr. Lynch states the trees within the erosion controls can be removed. No trees will be removed beyond the erosion controls.  No public comment.  A motion to close and issue OOC in 21 days is made by Mr. Lynch, seconded by Mrs. Feltovic.  Vote 6-0, Unanimous. Documents  Plan of Land, dated June 4, 2019, revised July 19, 2019, prepared by Merrimack Engineering Services  Correspondence Letter, dated July 22, 2019, prepared by Norse Environmental Services, Inc. 242-1745, 350 Winthrop Avenue (RDM, Inc.)  Peter Ellison, TEC, Inc. presents on behalf of the applicant. He describes the existing conditions and presents the proposal to install a new box culvert and daylight and re-route a section of the stream. Stormwater management BMPs have been added. A grass swale and bio retention area are proposed east of the channel reroute location.  Mr. Napoli proposes a stone boulder and signage be placed at the upland edge of the proposed swale.  Mr. Saal states the applicant needs to be aware there might a conflict regarding snow stockpiling and tree sales.  Mr. Lynch states the project should require an O&M Plan that will state how they will revitalize the area each spring. Perhaps the snow operator will be apprised of the limits of snow stockpiling.  Mr. Ellison would like to know if the Commission requires more detail in the new provisions in the O&M.  Mr. Lynch states if there is a need for enhancements in the O&M, they will be conditioned in the OOC.  No public comment.  A motion to continue until August 14, 2019 is made by Mr. Lynch, seconded by Mrs. Feltovic.  Vote 6-0, Unanimous. Documents  Compiled NOI, dated April 17, 2019, revised July 17, 2019, prepared by TEC, Inc.  Culvert Replacement Color Graphic, dated July 17, 2019, prepared by TEC, Inc.  Culvert Replacement Site Plan, dated July 17, 2019, prepared by TEC, Inc. 242-1760, 4 High Street (AvalonBay Communities, Inc.)  Mr. Saal recuses from the discussion due to a conflict of interest.  Mr. David Gillespie, AvalonBay Communities, Inc. states the Planning Board is con currently reviewing the project.  Amanda Houle, Tighe & Bond describes the existing conditions and presents a proposal for the installation of 250 residential units. Building “B” is proposed to be located within the 25-foot NDZ, 50- foot NBD and 100-foot Buffer Zone. A maintenance building is proposed to be located on the northwest corner next to the wetlands. Landscaping has been proposed along the walkways and buildings. 07 24 19 NACC Meeting Minutes Page 4 of 8 Landscape specifications for these areas are separate from the planting specification for the wetland mitigation. They are proposing a number of BMPs to help avoid any adverse impacts to the resource areas. Erosion controls will be used to delineate the work area perimeter. Stockpiles will be enclosed with erosion controls and located outside the resource area and buffer zones. Catch basin inlet protection has been proposed.  Jean Christy, Tighe & Bond describes the existing stormwater water management system and presents the new stormwater proposal. Stormwater peer review comments as well as comments from the Conservation Administrator were received. More research is required regarding the erosion and sedimentation control plan and construction period stormwater management.  Mr. Lynch confirms the wetland line has been defined and confirmed. He would like to know if the plan submitted is seeking any waivers.  The Administrator states the applicant is seeking waivers for wetland fill, 25-foot NDZ and the 50-foot NBZ.  Mr. Lynch questions why the applicant is here. He states the Commission does not grant waiver requests and strongly discourages wetland fill.  Mr. Manzi would like to know if the project went through the towns Technical Review Committee.  Ms. Houle states the project went through the TRC process with the previous conservation agent.  Mr. Manzi would like to know if the applicant received a copy of the Administrators comment letter.  Ms. Houle states they are working to finalize a response to that letter.  Mr. Manzi states the NACC rarely grants waivers on general principal. He is not convinced there is no viable or feasible alternative. He confirms with the Administrator that the stormwater is to be peer reviewed. He states the application is not complete and advises that a compelling alternatives analysis is necessary.  The Administrator states the wetlands are not flagged in the field, as she found only a handful on-site.  Ms. Houle states they will conduct a survey to locate the flags approved under the ORAD.  Mr. Napoli would like to know if test pits have been done.  Ms. Houle states they have data from the test pits done during the ORAD process. Once the design is finalized through the Commission and Planning Board review comments final test pits will be done.  Mr. Lynch would like to know of the stormwater design relies upon groundwater infiltration.  Ms. Christy states they have located the subsurface infiltration system in areas that will require fill. A proposed retaining wall will be located along the northern and western ends of the parking lot. This is the location where the infiltration system will be placed.  Mr. Lynch would like to know if there is any introduction of groundwater into substrate soils. He would like to be certain the system is designed not to radiate plume further downstream.  Ms. Christy states once the treatment system has been finalized they will look at the test pits and make appropriate changes.  Mr. Napoli states a dewatering plan was not submitted with the application.  Ms. Houle refers the Commission to Section 3.2.5 of the NOI application for dewatering.  Mr. McDonough states historically the Commission does not grant waivers except for exceptional circumstances and doubts that the density of the development is required.  Mr. Gillespie states during the TRC process they were not informed that the Commission would not grant waivers of the NDZ and NBZ.  Ms. Houle describes the atypical bordering wetland. She feels the prior Administrator felt this project would allow an opportunity for the area to revert to a more natural habitat with enhancement planting.  Mr. Manzi states the NACC will not grant a waiver. The applicant will need to provide a more extensive dewatering proposal in terms of collection detention and testing prior to release.  Mr. Gillespie states per an environmental engineer there are no recognized environmental conditions or hazards associated with the property.  Mr. Lynch would like to know if the site is a net fill, cut site or balance site. He states the NACC will not allow the use of recycled concrete (RCA) or recycled glass (PGA).  Ms. Christy states a full analysis has not been done. 07 24 19 NACC Meeting Minutes Page 5 of 8  Mr. Manzi would like to know if the field is acting as an aquifer.  Mr. Houle states the area is poorly drained which makes it hard to tell.  Commissioner Napoli opens to questions from the audience.  Betsy Cote, 116 High Street expresses concerns that they have been filling in the culvert. She confirms the culvert is not in the wetlands.  Steven Saraceno, 102 High Street would like to know why the stream on the western side of the property not jurisdictional.  The Administrator states the Commission recognized this as a stormwater drainage feature.  Mr. Saraceno states they have proposed to fill the area and put a system above it. He would like to know if from a hydraulic standpoint if this would add more water to the system.  Mr. Lynch states at this time, they do not know what the applicant is proposing and that there are many different ways to manage stormwater.  Mr. Saraceno states the plan delineates three of the four observation and monitoring wells on the property. He has a call into DEP to find out when and why the wells were dug. He expresses concerns that the soils may be polluted.  Mr. Lynch states there are items that may not be covered under 21E. The Commission has input on how stormwater is managed and how it affects the resource areas.  Mr. Saraceno states concerns that the replication area proposed on the current plan would affect the abutting properties and create new buffers where they did not previously exist.  The Administrator states she raised this concern in her comment letter.  Ms. Houle states there is limited land for mitigation locations and off-site replication. All stockpile soils disposed of off-site need to be sampled for different analytics per DEP regulations.  A motion to continue until August 28, 2019 is made by Mr. Manzi, seconded by Mrs. Feltovic.  Vote 5-0, Unanimous, Recused: Mr. Saal. Documents  Peer Review Letter, dated June 27, 2019, prepared by Horsley Witten Group  Stormwater Peer Review Letter, June 27, 2019, prepared by Horsley Witten Group  Correspondence, dated July 15, 2019, prepared by Steven Sarrceno  Grading, Drainage and Erosion Controls, Figure 2, dated May 3, 2019, revised July 1, 2019, prepared by Tighe & Bond  Resource Identification Plan, Figure 1, dated May 3, 2019, revised July 1, 2019, prepared by Tighe & Bond  Compiled NOI, dated June 2019, prepared by Tighe & Bond  Conservation Correspondence, dated July 19, 2019  Stormwater Management report, dated May 2019, prepared by Tighe & Bond  NOI Complete Set of Site Plans, dated May 2019, prepared by Tighe 7 Bond  Abutter Notification, dated June 5, 2019, prepared by AvalonBay Communities, Inc.  Preliminary Site Plan, dated July 9, 2019, prepared by Tighe & Bond 242-1761, 0 Riverview Street (GLSD)  Richard Weare, GLSD describes the existing conditions and presents the proposal to install a standby generator. An administrative consent order was received from DEP requiring them to provide a third power source. The order states that GLSD will need to have the generator up and running by the end of 2019. This will prevent sewage from overflowing into the river if a catastrophic failure of all power sources was to take place. A two million dollar grant was received to help finance the cost. They also received relief from the state on how they procure services. No soils will be stored on-site.  Mr. Manzi would like to know the specifications on the generator.  Mr. Weare states the generator is 3,000 kW to be powered by diesel. There will be a belly tank that sits on a concrete slab and a spill containment area. The enclosure will be soundproof.  Mr. Lynch would like to know the approximate run time of the generator with a full load.  Robert Adams, AECOM states the runtime is approximately three days. 07 24 19 NACC Meeting Minutes Page 6 of 8  Mr. Lynch would like to know what type of protection they are proposing around the generator.  Mr. Adams states there are some catch basins that will be protected with silt sacs. The will also have either straw waddles or composite logs around any disturbed area to protect the river. They provided a plan with the application containing the locations for the proposed controls. The slab will be approximately 3-4’ thick, approximately 2-3’ will be above ground. The slab will be placed on micro piles and elevated to stay above the flood zone.  Mr. Lynch would like to know if there are any sound attenuation concerns.  Mr. Adams states this will be a walk in sound attenuating enclosure. He believes the system will be exercised once a month but they are still working on the details.  Mr. Lynch would like to know the volume of floodplain.  Mr. Adams states they will provide approximately 35 cubic yards of compensatory flood storage.  Mr. Lynch states there is no area above flood plain on the property. He states flood storage needs occur from above the floodplain, not from within the floodplain.  Cherie Cousens, GLSD would like to know if the Commission would consider issuing a waiver.  Mr. Lynch states the proposal is to prevent extraneous sewage from overflowing from the system and entering the river. He stresses that every cubic yard of sewage that goes into the river and stays in the system because of this is the applicant’s compensation. The NACC is not required to grant any waivers.  Mr. Weare states the generator switch is already in place. Underground conduit will be placed from the generator to the switch.  Mr. Adams describes the electrical requirements for the generator.  Mr. Lynch would like to know if they received SRF funding.  Ms. Barnicle states a grant was received through the Environmental Bond Bill.  Mr. Napoli would like to know the size of the belly tank.  Mr. Adams states the tank will sit 3-feet high and hold approximately 8,000 gallons of diesel fuel.  Mr. Lynch agrees with DEP and considers the project to be an emergency. He would like a pre construction condition that the plans are reviewed and approved by the Commission prior to the commencement of work.  No public comment.  A motion to continue until August 14, 2019 is made by Mr. McDonough, seconded by Mr. Manzi  Vote 6-0, Unanimous. Documents  Complied NOI, dated July 11 ,2019, prepared by AECOM  NOI Complete Set of Plans, dated July 2019, prepared by AECOM  Stormwater Report, dated July 2019, prepared by AECOM Enforcement Order/Violation 242-1720, 33 Regency Place (Maroun)  The Administrator recommends the Commission vote to lift the Enforcement Order as the Modification was filed and just approved.  A motion to lift the Enforcement Order is made by Mr. Manzi, seconded by Mrs. Feltovic.  Vote 6-0, Unanimous. Documents  No new information was submitted 633 Turnpike Street (Andover Pest Control)  The Administrator states an Enforcement Letter was issued for tree removal. The owner is aware that no other work can be done until all permits have been issued. He was directed to have the entire wetland delineated. Norse Environmental has been hired to delineate the wetlands, prepare plans and application.  Mr. Lynch would like to know if a timeline was given to the applicant.  The Administrator states no deadline was given to the property owner.  Mr. Lynch recommends issuing a formal Enforcement Order requiring a restoration plan. 07 24 19 NACC Meeting Minutes Page 7 of 8  The Commission requires a restoration plan be submitted for the September 11th meeting.  A motion to issue an Enforcement Order as proposed is made by Mr. Manzi, seconded by Mr. McDonough.  Vote 6-0, Unanimous. Documents  Violation Letter, dated July 2, 2019 660 Great Pond Road (Rolling Ridge)  Rev. Dr. Lawrence Jay provides an update on the restoration work. He states once the restoration work has been completed Rolling Ridge will work with the Community Preservation Committee regarding the trail. They hope to provide a full plan that will include the parking lot and the boardwalk over the violation area.  The Commission is pleased with the restoration work thus far.  The Administrator would like to know if the Commission would still like the restoration shrubs placed. She feels the boardwalk may conflict with the plantings.  Mr. Lynch states if they do not meet the trail application deadline they will be required to plant the shrubs.  Rev. Dr. Jay states they will be working with the Community Preservation Committee over the summer.  Mr. Napoli would like to know if there is more than one stockpile of brush.  The Administrator states the other piles were much smaller and outside of the buffer zone.  Rev. Dr. Jay states they wanted to be careful not to disturb the area so they were conservative with the use of the equipment. They removed the large brush pile and will continue to remove the smaller brush by hand.  Mr. Manzi confirms with the Administrator that the area is stabilized. He inquires if the Administrator feels the plantings can wait until a filing is submitted.  The Administrator states she feels it would make sense to wait for the filing before planting are done.  The Commission discusses the best time for shrub layer and trees to be planted.  The Administrator reviews the shrubs that were proposed for the restoration. She states she can conduct a site visit to mark out locations for the shrubs to be planted. The locations will likely not be in the footprint of the blazed trail.  The Commission requires a filing for the boardwalk and parking lot be submitted for the September 25th meeting.  A motion to amend the Enforcement Order as proposed is made by Mr. Manzi, seconded by Mr. Lynch.  Vote 6-0, Unanimous. Documents  Site Photos, dated July 18, 2019  Amended Enforcement Order, dated July 15, 2019  Site Photos, dated July 23, 2019 Decisions 242-1756, 78 Vest Way (Perry)  The Administrator reviews the drafted Order of Conditions with the Commission. The bond amount will be set at $2,000.00. Wetland markers will be required along the west property line.  A motion to approve the Order of Conditions as amended is made by Mr. Manzi, seconded by Mrs. Feltovic.  Vote 6-0, Unanimous. 242-1759, 338 Blue Ridge Road (Verminksi) 07 24 19 NACC Meeting Minutes Page 8 of 8  The Administrator reviews the drafted Order of Conditions with the Commission. The bond amount will be set at $5,000.00. Tree removal as discussed will be added to the work description. Condition #51 will be removed from the special conditions.  A motion to approve the Order of Conditions as amended is made by Mr. Manzi, seconded by Mr. Lynch.  Vote 6-0, Unanimous. Adjournment  A motion to adjourn at 9:20 p.m. is made by Mr. Manzi, seconded by Mr. Lynch.  Vote 6-0 Unanimous.