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HomeMy WebLinkAbout2020-01-22 Conservation Commission Minutes 2020 Conservation Commission Minutes 22-01- Page 1 of 7 Approved 02/19/2020 North Andover Conservation Commission Meeting Minutes January 22, 2020 Members Present: Louis A. Napoli, Chairman, Albert P. Manzi, Jr., Vice Chairman, Joseph W. Lynch, Deborah A. Feltovic, John T. Mabon, Sean F. McDonough and Douglas W. Saal Members Absent: None Staff Members Present: Amy Maxner, Conservation Administrator Meeting came to Order at: 7:12 p.m. Quorum Present. Pledge of Allegiance Acceptance of Minutes  The minutes for the January 8, 2020 meeting are not ready for approval. General/New/Old Business Glennie Woodlot Conservation Restriction (0 Dale Street) (Greenbelt)  The Administrator states the Town of North Andover is purchasing the Glennie Woodlot with CPA funds and private money raised by Essex County Greenbelt. As part of CPA requirements, a CR is required for any acquisition of open space. The CR was drafted by Greenbelt, reviewed by the State, Town Counsel and Conservation Department. The CR is finalized and ready for the Commission’s granting and signature.  Vanessa Johnson Hall, Greenbelt states the fee will be owned by the Town of North Andover and Greenbelt will hold the CR.  Mr. McDonough would like to know how many acres the property consist of and the amount the Town of North Andover paid for the property.  Ms. Hall states the property is approximately 9 acres and was sold for $250,000. The Town contributed $200,000 in CPA funds and Greenbelt privately raised $50,000 towards the acquisition.  A motion to assign the Conservation Restriction and to pass on a recommendation to the Board of Selectmen to sign the Conservation Restriction is made by Mr. Lynch, seconded by Mrs. Feltovic.  Vote 7-0, Unanimous. Documents  Glennie Woodlot Conservation Restriction Certificate of Compliance Request 242-1588, Partial COC Request, 15 Regency Place (Lot 6) (Touchstone Closing & Escrow)  The Administrator states the applicant has requested a continuance.  A motion to continue to February 5, 2020 is made by Mrs. Feltovic, seconded by Mr. McDonough.  Vote 7-0, Unanimous. Documents  COC Request Letter  WPA Form 8A - Request for Certificate of Compliance  Site Grading & Erosion Control Plan Definitive P.R.D., dated December 16, 2014, prepared by Andover Consultants, Inc. Request for Determination of Applicability (RDA) 630 Turnpike Street (Mavros Company, LLC)  The Administrator states the applicant requested a continuance via email. 2020 Conservation Commission Minutes 22-01- Page 2 of 7 Approved 02/19/2020  A motion to continue to February 5, 2020 is made by Mr. Manzi, seconded by Mr. McDonough.  Vote 7-0, Unanimous. Documents  Email from rgatta09@gmail.com requesting a continuance until 2/5/20 Notice of Intent 242-1760, 4 High Street (AvalonBay Communities, Inc.)  The Administrator states the applicant requested a continuance via email.  A motion to continue until February 5, 2020 is made by Mrs. Feltovic, seconded by Mr. McDonough.  Vote 7-0, Unanimous. Documents  Email from David_Gillespie@avalonbay.com requesting a continuance until 2/5/20 242-1766, 1600 Osgood Street (Hillwood Enterprises, LP)  Mr. Lynch states there has been no subcommittee meeting since the last report.  Mike Howard, Epsilon Associates, Inc. introduces the team. The RCA was relocated outside of the 100- foot Buffer Zone. The RCA is proposed to be used underneath the footprint of the proposed building.  Mr. Manzi states he objects to the use of RCA being used anywhere in the Town of North Andover. He would like to know if there should be an additional sample location near wetland series 7, 9 and possibly 14, as the resource area might connect into the river watershed.  Mr. Howard states wetland series 7, 9 and 14 are up high in the watershed and flow towards the site.  Jamie Barr, Langan Engineering states sample location 3 would be the highest in groundwater elevation and 1 is the lowest in groundwater elevation. The groundwater flow direction is heading northwest.  Mr. Manzi would like to know if another well should be added somewhere between 4 and 3 to protect the river watershed.  Mr. Barr states it would not be an issue adding an additional location in between the two locations mentioned. The wells will be installed preconstruction. Baseline samples will be drawn prior to placement and after rain events.  Mr. Lynch states they have collected a lot of baseline data due to preexisting monitoring wells.  Mr. Manzi would like to know if they have tested the pH levels.  Mr. Barr states they have tested the pH levels and the numbers are around 6.5 to 6.8, with no peaks in the data. Throughout the years, the site has been investigated under the Massachusetts Contingency Plan and signed off on by LSPs. They have not seen anything out of the ordinary.  Mr. Mabon would like to know how often the pH monitoring events take place.  Mr. Barr states they are monitoring immediately after, 24 hours after and 48 hours after .1-inch rain events. Once they have calculated how fast the water is flowing, they will start monitoring the well.  Atty. John Smolak, Smolak & Vaughan LLP states the town obtained and was awarded a Mass Works Grant. Hillwood Enterprises is contributing funding towards the sewer line installation as well as the town. The town will be undertaking the permitting for the sewer line which will extend north just beyond 1600 Osgood Street with a pump station. The DPW Director indicated the new sewer line is likely to be installed a year before the building is built.  Mr. Lynch confirms the sewer line project is a future town project and that the project currently before the Commission has sewer existing provisions, which will be tied into and is not predicated to the future tie in.  Mr. Napoli states that the NACC typically does not close on projects until other boards have issues decisions.  The Administrator states the Planning Board is scheduled to meet on Tuesday, February 4, 2020.  The Commission is satisfied with the information received; no additional information is required to make a decision.  No public comment.  A motion to continue until February 5, 2020 is made by Mrs. Feltovic, seconded by Mr. Lynch. 2020 Conservation Commission Minutes 22-01- Page 3 of 7 Approved 02/19/2020  Vote 7-0, Unanimous. Documents  ESC Sequencing and Phasing Plans, dated August 28, 2019 & July 25, 2019, revised October 17, 2019, prepared by Langan Engineering & Environmental Services, Inc.  Grading and Drainage Plans, sheets 44-62 & 75-85, dated October 17, 2019, prepared by Langan Engineering & Environmental Services, Inc.  Conservation Commission Presentation, dated November 6, 2019, prepared by Langan Engineering & Environmental Services, Inc.  Conservation Commission Presentation, dated January 8, 2020, prepared by Langan Engineering & Environmental Services, Inc.  Peer Review Letter, dated October 10, 2019, prepared by Horsley Witten Group  Existing Structures Anticipated Plan, dated October 2019, prepared by Langan Engineering & Environmental Services, Inc.  Soil Samples Collected Near Wetlands Plan, dated October 18, 2019, prepared by Langan Engineering & Environmental Services, Inc.  Proposed pH Sample Locations, prepared by Epsilon Associates, Inc.  Environmental and Hazardous Building Materials and pH Monitoring Protocols Memo, dated October 21, 2019, prepared by Langan Engineering & Environmental Services, Inc.  pH Monitoring Protocol, dated January 3, 2020, prepared by Epsilon Associates, Inc. 242-1778, 461 Summer Street (Bilodeau)  The Administrator reviews the proposal for the construction of a 15’x23’ addition with a crawl space foundation at the westerly side of the house, construction of a small 1-2’ high landscape wall, and removal of a walkway located between the pool and new addition. The hearing was continued to allow a DEP # to be assigned to the project.  No public comment.  A motion to close and issue in 21 days is made by Mr. McDonough, seconded by Mrs. Feltovic.  Vote 7-0, Unanimous. Documents  Plot Plan of Land, dated December 13, 2019, prepared by Sullivan Engineering Group, LLC. Enforcement Order/Violation 410 Summer Street (Loughran)  The Administrator provides a brief update. Seekamp Environmental delineated the wetlands. Andover Consultants surveyed the property and the plans should be completed in the next few weeks.  A motion to continue to February 19, 2020 is made by Mr. Manzi, seconded by Mr. Lynch.  Vote 7-0, Unanimous. Documents  No new information was submitted 242-1765, 2051 & 2053 Salem Street (Richards)  The Administrator provides some background on the violation of the Order of Conditions and additional cutting. A new updated survey plan and response letter addressing most of the preconstruction requirements was received. The applicant is requesting a modification to reduce the bond from $10,000 to $2,500 and to adopt the revised plan as record plan for the decision. Natural Heritage was cc’d on all the correspondence as well as the response materials. The Administrator is unaware of what NHESP’s position on the matter is as this time. The area of new clearing is under one acre and therefore does not trigger a Land Disturbance Permit with the Planning Board.  Mr. Napoli expresses his frustration with the repeated violation. 2020 Conservation Commission Minutes 22-01- Page 4 of 7 Approved 02/19/2020  Mr. Lynch states most of the additional cutting along the westerly property appears to be on another property. He questions if the other landowner is aware of the cutting off property.  The Administrator states the Commonwealth of Massachusetts owns the other property. All of the additional trees cut are within jurisdiction.  Ben Osgood, Ranger Engineering states the other landowner has not been notified. The trees that were removed were on the edge of the gas line/power line easement on the States property. He proposes the NACC condition the replacement trees to be planted in close proximity of where the trees were removed.  Mr. Lynch stresses the importance of getting proper permission before work is done. The NACC is not required to report the incident but there will need to be a restoration.  Mr. Manzi advises the representative to mark the line and that the homeowner respects the line.  The Commission agrees the restoration should be on the right side of the line, offsetting the trees lost off property.  Mr. Osgood states the remainder of the trees that were removed were outside of the Buffer Zone and falls within the purview of Natural Heritage. No direction has been received as to how to comply with their regulations at this time.  Mr. Mabon would like to know the stage of the project and how they stand with the preconstruction conditions.  Mr. Osgood states the trees at 2053 Salem Street have been removed. They are seeking permission to clean up the slash. At 2051 Salem Street, there is a large amount of logs and slash that need to be cleaned up. No other work has been performed other than tree removal. The OOC was recorded, signage posted and the wetland flags are still in place. They still need to install the remaining erosion control, spare erosion control must be brought to the site, the bond posted and a preconstruction meeting must be completed.  The Commission discusses modifying the EO to allow reasonable work to be done.  Mr. Napoli states the applicant may request a bond reduction once the project has progressed.  The Commission requests the applicant post the bond in the amount of $10,000, install the erosion controls, extra erosion control is onsite and schedule a pre construction meeting with the Administrator The Administrator confirms that once the tasks are complete the owner is allowed to remove the slash.  The Commission agrees.  A motion to continue to March 11, 2020 is made by Mr. Mabon, seconded by Mr. Lynch.  Vote 7-0, Unanimous. Documents  Site Photos, dated January 7, 2020  WPA Form 5 - Order of Conditions, dated October 2, 2019  Buffer Zone Disturbance and Restoration Plan, sheets 1-2, dated July 31, 2019, prepared by Ranger Engineering & Design  Aerial Map 2051 & 2053 Salem Street, dated January 8, 2020  Enforcement Letter & WPA Form 9 - Enforcement Order, dated January 8, 2020 242-1692, 1210 Osgood Street (Princeton Development, LLC)  The applicant requested a continuance via email.  A motion to continue to February 5, 2020 is made by Mrs. Feltovic, seconded by Mr. Mabon.  Vote 6-0, Unanimous, Recused: Mr. Napoli. Documents  Email from dBrenner@nrpgroup.com requesting a continuance until 2/5/20 Modification Request 242-1765, 2051 & 2053 Salem Street (Richards)  This item was discussed along with the Enforcement Order.  The Applicant is requesting a modification to Condition #48 to reduce the $10,000 bond down to $2,500. 2020 Conservation Commission Minutes 22-01- Page 5 of 7 Approved 02/19/2020  Mr. Osgood states based on the projects scope of work they feel the bond amount is too high. He provides the NACC with replacement plant suggestions and pricing on what it would cost to replant the trees that were removed. The trees proposed are approximately 4 to 6-feet tall, the caliper is unknown. The applicant intends to complete the replanting work himself this spring.  Mr. Lynch states the Commission was trying to get the message across that the initial violation was serious. Having not posted the bond the second violation underscores the lack of understanding of how serious it really was.  The Administrator refers to Condition #55 of the OOC, which requires the restoration trees to be at least 1.5-inches in caliper, and the trees shall exhibit 100% survivorship after two growing seasons post installation. Approximately 50-60 hardwood trees were removed.  The Commission discusses the request to modify the bond amount. They agree the bond is in place to ensure compliance.  A motion to deny the Modification Request to reduce the bond is made by Mr. Lynch, seconded by Mr. McDonough.  Vote 6-1, Mr. Manzi opposed Documents  Modification Request Letter, dated January 21, 2020, prepared by Ranger Engineering Group, Inc.  Buffer Zone Disturbance and Restoration Plan, sheets 1-2, dated July 31, 2019, prepared by Ranger Engineering & Design  Colored Version - Buffer Zone Disturbance and Restoration Plan, sheets 1-2, dated July 31, 2019, prepared by Ranger Engineering & Design Discussion 242-1692, Commercial Site at 1210 Osgood Street (a.k.a 1274 Osgood Street) (Forgetta)  Mr. Napoli recuses from the discussion due to a conflict of interest, Mr. Manzi steps in as Chair.  The Administrator states the site was proposed to be split into a residential and commercial parcel from the beginning but for the Commission’s purposes, it is one site with two responsible parties. The site contractor for the residential site was obligated to prepare the site so the pads were ready for commercial construction. A meeting took place with Forgetta Development regarding the front/commercial portion of the site, which is still open. This is causing runoff issues into catch basins so that the rain stores cannot be operational. A Draft Erosion Control Plan for the commercial parcel was submitted. This includes monitoring wells to test/monitor for RCA impacted groundwater, grab samples to test for surficial RCA, sedimentation settling pond, frac tank dewatering and other BMPs to control runoff from the site into the residential part of the site.  Robert DiBenedetto, Hancock Associates provides a brief overview of the erosion control plan that will be implemented. The Enforcement Order conditions from April 24, 2019 are depicted on the left side of the plan. The 40-NTU threshold will be adhered to. If testing indicates additional treatment has to be performed, it will be pumped to a frac tank to be designed by LRT where additional settling and testing will occur. He goes on to describe the measures that will be used to capture and treat the stormwater and surface water for the site. There will be six monitoring wells installed along the backside of the commercial development the locations of which are shown on the plan. The wells will be tested for RCA or high pH levels.  The Administrator would like to know if the bottom of the basin would need to be treated to prevent infiltration.  Mr. DiBenedetto states they propose to line the bottom of the diversion pool and portions of the swale with an impermeable membrane to ensure stormwater that is being collected in the area does not naturally infiltrate into the trenches installed for the utilities. Overflow will go under the construction entrance into the basin. The water will be captured and pumped to the temporary sediment basin. They proposed to capture the sediment and clean it out regularly as needed. For large storm events, they propose to install steel plates along the entrance to allow water to travel underneath. For smaller storm events, the water 2020 Conservation Commission Minutes 22-01- Page 6 of 7 Approved 02/19/2020 will be captured in the pool and pumped to transfer the water from one side to the other. There will be a 50-foot long entrance specifically designed for vehicle tracking. He goes on to describe the location of the construction entrance.  Mr. Lynch stresses the responsibility of carrying out the entire OOC and all of the enforcement actions are incumbent upon the applicant(s). Due to the violations and enforcement actions, the NACC has enforced their jurisdiction across the entire site because of the impacts originating from upland areas. He expresses concerns that nothing was presented regarding the east side of the site. How water moves across the site or where groundwater is has not been presented to the NACC. They do not know how much of the prior soil has been excavated or how much fill has been brought in. These are items the Commission needs to see.  Mr. DiBenedetto states the area near the retaining wall along Osgood Street is a cut area. He is unsure if the backside was filled. The existing contours depicted on the plan represent what is there now.  Mr. Lynch references the Enforcement Order dated April 24, 2019 and stresses the monitoring of the monitoring wells and testing of the pH is critical. Before the Soil and Erosion Control Plan becomes a Modification to the OOC, it will need to be more refined.  Mr. DiBenedetto states a driller has been hired by Forgetta Development to install the monitoring wells to perform testing. No other scheduling details have been provided at this time.  The Commission agrees the applicant(s) are responsible for the salary of the peer reviewer working for the NACC.  Mr. DiBenedetto states the surface water on the site will be directed towards the swale, down along the existing binder course towards the temporary sediment basin.  Mr. Lynch would like to see what the fill is, groundwater and the foundation locations.  The Commission agrees an Enforcement Order be issued to all parties to reaffirm their collective responsibility to comply with the Order of Conditions and Conditions of all previously issued Enforcement Orders. A separate Enforcement Order will be issued requiring implementation of the Erosion Control Plan and Monitoring Plan and edits required by the NACC. The Commission discusses what activities will be allowed. No activity except for exploration activities or activities to control what may already be a vulnerability will be allowed until measures are implemented in the field. A site inspection will be performed to ensure compliance with the Enforcement Order and reported back to the Commission at the February 5, 2020 meeting.  Mrs. Feltovic stresses the importance of the applicant(s) sharing information with one another.  Mr. Manzi states any new fill is brought on site must be pre approved by the Administrator and a certificate of origin will be required. RCA and recycled crushed glass are prohibited under any conditions.  The Commission agrees they would like 10 new soil borings to be done to determine what the material fill is. The pH levels are to be measured in two locations and turbidity level in one location. The Commission discusses the location(s) in which to test the pH and turbidity levels. No discharge greater than 40-NTU will be allowed and no discharge of pH levels greater than 6.8-7.0. The boring and wells may be installed simultaneously.  A motion to ratify the Enforcement Order to reaffirm all obligated parties is made by Mr. McDonough, seconded by Mr. Lynch.  Vote 7-0, Unanimous.  A motion to ratify the Enforcement Order requiring compliance for the commercial property is made by Mrs. Feltovic, seconded by Mr. Lynch.  Vote 7-0, Unanimous. Documents  Erosion Sediment Control Plan, dated January 14, 2020, sheet 5 of 7, prepared by Hancock Associates  Layout, Materials & Utilities Plan, sheets 1-2, dated January 14, 2020, prepared by Hancock Associates 2020 Conservation Commission Minutes 22-01- Page 7 of 7 Approved 02/19/2020  Grading and Drainage Plan, sheets 1-2, dated January 14, 2020, prepared by Hancock Associates  Detail Sheet, sheets 1-2, dated January 14, 2020, prepared by Hancock Associates Decisions 242-1778, 461 Summer Street (Bilodeau)  The Administrator reviews the drafted Order of Conditions with the Commission.  The Commission discusses Condition #76. The bond will be set in the amount of $1,000.  A motion to approve the Order of Conditions as drafted is made by Mr. Lynch, seconded by Mr. Manzi.  Vote 7-0, Unanimous. Adjournment  A motion to adjourn at 9:35 p.m. is made by Mr. Manzi, seconded by Mrs. Feltovic.  Vote 7-0 Unanimous.