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HomeMy WebLinkAbout2020-03-11 Conservation Commission Minutes Conservation Commission Minutes 11-03-2020 Page 1 of 8 Approved 04/08/2020 North Andover Conservation Commission Meeting Minutes March 11, 2020 Members Present: Albert P. Manzi, Jr., Vice Chairman, Joseph W. Lynch, Deborah A. Feltovic, Douglas W. Saal, and John T. Mabon Members Absent: Louis A. Napoli, Chairman and Sean F. McDonough Staff Members Present: Amy Maxner, Conservation Administrator Meeting came to Order at: 7:00 p.m. Quorum Present. Pledge of Allegiance Acceptance of Minutes  A motion to accept the minutes of the February 19, 2020 meeting as reviewed and amended is made by Mrs. Feltovic, seconded by Mr. Lynch.  Vote 5-0, Unanimous. Request for Determination of Applicability 660 Great Pond Road (Town of North Andover)  The Administrator reviews the proposal for the construction of an 18’x27’ crushed stone parking area for three vehicles at the southwesterly entrance of 660 Great Pond Road by the Town of North Andover. The project was previously reviewed and approved under an RDA in 2015. The new plan shifted the parking area closer to the wetland to avoid disturbing a large knoll. The plan avoids large cuts into the landscape and maintains work outside the 25-foot NDZ. A total of nine trees will be removed as part of the project. The parking area will be constructed with an 8-inch subbase of clean bank gravel and a 4-inch wearing course of ¾-inch crushed stone. The wetland was reviewed by Conservation staff and was found to be reasonable. The Planning Board has issued a waiver for a Watershed Special Permit.  Mr. Lynch would like to know if this would be a 3-season parking area. If the parking area will be used during the winter months, he would allow pavement.  The Administrator states she is unsure if they intend to plow the parking area in the winter. She recommends an O&M Plan for maintenance of the parking area.  Mrs. Feltovic would like to know if there would be any signage for the parking.  The Administrator states she believes that CPC is working on the signage.  Mr. Saal expresses concern with the three trees being removed outside of the parking area.  The Administrator states she believes the grading will impact the root system of the trees. She feels it would be better for them to be removed then left as hazards.  No public comment.  A motion to issue a Negative Determination #3 as recommended (O&M Plan) is made by Mr. Mabon, seconded by Mrs. Feltovic.  Vote 5-0, Unanimous. Documents 660 GPR_02112020, Full RDA Application, Notification to Abutters - Gravel Parking Area 537 Boxford Street (DeCoste)  The Administrator reviews the proposal to run two 25-foot sections of vinyl fence laterally off the rear of each side of the house to prevent children and dogs from running unrestricted into Boxford Street. The closest section of fence will be over 25-feet from the wetland but is within the 50-foot NBZ. The fence will be located within the lawn area at the edge of pavement and will meet the existing stonewall that Conservation Commission Minutes 11-03-2020 Page 2 of 8 Approved 04/08/2020 delineates the property boundary. The stone wall is elevated a bit above the lawn and driveway in this area. An Alternative Analysis requesting a waiver from the 50-foot NBZ was provided.  John DeCoste the homeowner/applicant is present for questions.  Mr. Lynch would like to know if there are any concerns with critter migration.  The Administrator states she has no concerns; the property contains no Estimated Habitat.  The Administrator notes that per the previous Enforcement Order, the applicant was required to install wetland markers and she recommends that the markers be relocated closer to the edge of lawn in two locations.  No public comment.  A motion to issue a Negative Determination #3 (pre and post construction inspections and markers to be moved) as recommended is made by Mr. Lynch, seconded by Mr. Feltovic.  Vote 5-0, Unanimous. Documents 537 Boxford Street 03-09-20 Site Photos, Full RDA Application 02 26 20 Notice of Intent 242-1774, 633 Turnpike Street (Andover Pest Control)  The Administrator reviews the proposal for the construction of parking and paved circular drive around the building, proposed rain garden and associated grading to service the current business. The project went before the Planning Board for Site Plan Review. The stormwater was reviewed by Horsley Witten and was signed off in their February 13, 2020 letter.  Adam Marchionda, Marchionda & Associates, L.P. presents on behalf of the applicant. He provides a brief overview of the changes made to the plan which include revisions to the grading, extension of erosion controls, addition of level spreader, tracking pad and stop line added, shed relocated behind the building and a 6-foot vinyl privacy vs. split post other fencing added at the parking area for privacy.  The Administrator would like to know if the Commission is comfortable with a split post and rail fence vs. a field stone wall at the edge of the 25-foot NDZ.  Mr. Lynch agrees a post and rail fence is a reasonable request due to site conditions.  The Commission discusses the location of the vinyl privacy fence. The Administrator clarifies that the privacy fence will be on the sides of the property and the split rail fence will be at the edge of the 25’ NDZ.  The Administrator states for streamlining purposes the OOC will coincide with the Planning Board’s decision where appropriate.  No public comment.  A motion to close and issue in 21 days is made by Mr. Lynch, seconded by Mrs. Feltovic.  Vote 5-0, Unanimous. Documents 11-20-2019 Meeting Materials, 200217_3rd Peer Review_633 Turnpike Street, Feb. 13 Site Plan 242-1760, 4 High Street (AvalonBay Communities, Inc.)  Mr. Saal recuses himself from the discussion due to a conflict of interest.  The Administrator reviews the proposal for construction of 170 units. Existing pavement will be removed from the 25-foot NDZ and 50-foot NBZ and restored. The stormwater system was shifted slightly to maintain a 2-foot separation to groundwater to the bottom of the infiltration chamber. The applicant adopted the Administrators recommendation to install a root barrier at the edge of the phragmites stand. All staff comments have been satisfactorily addressed. Final site and landscape plans were provided. A decision was issued by the Planning Board and the stormwater was signed off by Horsley Witten. For streamlining purposes, the OOC will coincide with the Planning Board’s decision where appropriate.  Mr. Mabon would like to know if the applicant completed their due diligence regarding the possible underground gas line. Conservation Commission Minutes 11-03-2020 Page 3 of 8 Approved 04/08/2020  David Gillespie, AvalonBay Communities, Inc. states the gas line was located and depicted on the approved plan.  No public comment.  A motion to close and issue in 21 days is made by Mrs. Feltovic, seconded by Mr. Lynch.  Vote 4-0, Unanimous, Abstained: Mr. Saal. Documents 02-05-2020 Meeting Materials, 200217_4th Peer Review_Avalon Mills, 200218 Site Planting Plan Final, 20200211 Avalon Mills North Andover Revised Drawings, Avalon Mills Stormwater Report Revised February 2020 reduced, Avalon Mills Stormwater Response to Comments 4 rev, RCG Stormwater Management Ltr 2-20-20 (1) 242-xxxx, 800 Massachusetts Avenue (Worden)  The Administrator reviews the proposal for the installation of geothermal wells with associated power connection, trenches, permeable paver patio, concrete platform/walkway, minor pavement expansion, and drain line replacement. The type of wells proposed (open/closed loop) depends on the type of water quality. All proposed work with the exception of the pavement expansion is within the 100-foot Buffer Zone. Proposed vehicle access is at the westerly side of the building, within the 25-foot NDZ. The well locations will be outside of the 25-foot NDZ and subsurface in the 50-foot NBZ.  Tom Galvin, LaGrasse & Associates, Inc. presents on behalf of the applicant. He explains the difference between an open loop and closed loop system. In either case, water is returned to the ground and will not diminish or change the water table.  Mr. Mabon would like to know how many wells and the proposed depth of the wells.  Mr. Galvin states an open loop system will require 3-4 wells whereas a closed loop will require six wells. They hope to install an open loop system but it will depend on the quality of the water that is drawn. The wells are proposed to be 300/400-feet deep. The withdraw and return points are within 6-inches of each other. The wells will be capped with a steel cap and covered with a decorative rock. He describes the means and methods of well development and capture of slurry. There will be no onsite stocking piling; all material will be trucked off site. A PVC mat is proposed for construction vehicles.  Mr. Mabon would like to know how many GPM will be moving up and down the caisson and the size of the PVC tubes inside the caissons.  Mr. Galvin states the requested information will be provided at the next meeting.  Mr. Manzi states the trucks are required to have a place to wash off and adequate tracking pads before entering the roadway.  The Commission discusses the process of how the wells will be drilled, capture of slurry and how to protect the wetlands. A Dewatering Plan/Detail is requested for review at the next meeting.  No public comment.  A motion to continue to March 25, 2020 is made by Mrs. Feltovic, seconded by Mr. Lynch.  Vote 5-0, Unanimous. Documents Final NOI, Ground Source Geothermal well details and plan 12 31 19, NOI Plan_02172020 Enforcement Order/Violation 242-1706, 0 Rea Pond/244 French Farm Road (N. Granese & Sons, Inc.)  The Administrator reviews the project for a sewer upgrade within the sewer easement, which resulted in an Enforcement Order in January 2020 for sedimentation overwhelming the erosion controls. The Erosion Control Monitor provided a proposed Construction Sediment Management Plan requiring any further work to be done under frozen conditions. The weather has not provided frozen conditions to allow work to resume. A revised Sediment Control Plan was required by the Administrator, which requires additional erosion controls, track machinery, daily erosion control inspections by the contractor, and all disturbed areas to be seeded with a native seed mix. Conservation Commission Minutes 11-03-2020 Page 4 of 8 Approved 04/08/2020  7:44p.m., Steven Granese, N. Granese & Sons, Inc. enters the meeting room.  Mr. Lynch would like to know how many feet of pipe remains to be installed and where the work is happening in reference to the wetland.  Mr. Granese states approximately 40-feet of pipe is left to be installed, they propose to use a wide track machine to bring the stone in and out of the construction site. The work is taking place just outside of the pond. Limiting the trips back and forth and dryer weather conditions will limit the spillover of the erosion controls.  The Administrator recommends additional conditions requiring the Erosion Control Monitor to visit the site for each day of work remaining, invoice for the native seed mix be provided, all disturbed areas to be strawed and Erosion Control Monitor to visit the site once a month until growth conditions are satisfactory to the Conservation staff.  Mr. Lynch would like to know how many days of work are left. No work is to be done during rain events and the site must be dry for work to commence.  Mr. Granese states he believes they have five days left of work.  Mr. Mabon requests that in addition to the Erosion Control Monitor visiting and observing the site they report to the Administrator.  No public comment.  A motion to amend the Enforcement Order as proposed is made by Mrs. Feltovic, seconded by Mr. Lynch.  Vote 5-0, Unanimous. Documents 242-1706, Ratified & Amended EO - Rea Pond Sewer, Modification Request_9-3-19, Recorded OOC, Revised Sediment & Erosion Control Plan, Sediment & Erosion Control Plan 537 Boxford Street (DeCoste)  This item was taken out of order and discussed with the Request for Determination of Applicability.  The Administrator reviews the Enforcement Order requiring the relocation of an unpermitted shed. The shed was relocated recently through Small Project #NACC 242. The EO required the installation of wetland markers at the edge of the lawn. The shed was removed and the area is stabilized with straw. A site inspection was performed by staff and found that the wooden posts were installed a number of feet off the edge of lawn, with two posts in the wetland.  Mr. Lynch states the posts can be relocated when they have the fence installed.  A motion to table the discussion is made by Mr. Lynch, seconded by Mrs. Feltovic  Vote 5-0, Unanimous. Documents 02-05-2020 Meeting Materials, 537 Boxford 03-09-20 Site Photos 410 Summer Street (Loughran)  The Administrator states she spoke with the homeowner’s consultant and they have a draft NOI ready. They are waiting to speak with their client for approval and signature. They hope to have the NOI heard at the April 8th or April 22nd meeting.  A motion to continue to April 8, 2020 is made by Mr. Lynch, seconded by Mrs. Feltovic.  Vote 5-0, Unanimous. Documents 12-11-2019 Meeting Materials 1806 Salem Street (Diamond)  The Administrator provides background information on the Enforcement Order for construction of an expanded driveway. At the request of the NACC Conservation staff performed aerial photography research. The driveway was installed sometime between 2012 and 2014, approximately 12’x45’ in size. Conservation Commission Minutes 11-03-2020 Page 5 of 8 Approved 04/08/2020  Scott Diamond the homeowner is present for questions.  The Commission discusses allowing the driveway to be restored with no expansion towards the stream and how to move forward with the driveway permitting process. They agree a Survey Plan must be attached to a permit for the record.  The Administrator would like to know if the Commission would allow an onsite determination of the driveway. She proposes if the driveway is outside of the 50-foot NBZ, the homeowner be allowed to submit a Small Project application.  The Commission agrees the homeowner may submit a Small Project application if the driveway is outside the 50-foot NBZ. They direct the Administrator to take measurements ensuring the driveway is located outside the NBZ. The driveway may be paved in its pre-existing dimensions if it is outside the NBZ. No waivers will be required.  A motion to amend the Enforcement Order as proposed is made by Mr. Lynch, seconded by Mrs. Feltovic.  Vote 5-0, Unanimous. Documents 02-19-2020 Meeting Materials, 2012 & 2014 Aerials 242-1765, 2051 & 2053 Salem Street (Richards)  The Administrator reviews the Enforcement Order issued for tree removal both approved and beyond approval prior to complying with pre construction conditions of the Order. The Administrator states all pre construction requirements have been met. The homeowner is currently working to remove the slash as allowed by the NACC. She recommends the Commission require a Planting Plan to replace the trees removed beyond the scope of work and require dense shrub plantings on the slope in front of the house at 2053 Salem Street.  The Commission discusses the Enforcement Order and agrees the OOC needs to be modified and a revised plan will be required. The Commission instructs the Administrator to work with the homeowner to specify shrub and tree species along with the numbers and locations to be voted on by the NACC.  A motion to amend the Enforcement Order as proposed is made by Mrs. Feltovic, seconded by Mr. Lynch.  Vote 5-0, Unanimous. Documents 01-22-2020 Meeting Materials 1470 Forest Street Ext. (Picariello) (ratification, discussion scheduled for March 25th)  The Administrator states the Commission must procedurally ratify the Enforcement Order. The EO will be discussed at the March 25th Conservation Meeting.  Mr. Lynch would like to know if the homeowner compiled with the cease and desist.  The Administrator states she has been unable to circle back at this but will conduct a site visit. The Building Department has no history of permits for the property.  Mr. Manzi requests the Administrator research tax records through the Registry of Deeds to establish a timeline.  A motion to ratify the Enforcement Order is made by Mr. Lynch, seconded by Mrs. Feltovic.  Vote 5-0, Unanimous. Documents Enforcement Order 03 04 20 Amendments 242-1692, Amendment to Order of Conditions, 1210 Osgood Street (Princeton Development, LLC) & (Forgetta Development) Conservation Commission Minutes 11-03-2020 Page 6 of 8 Approved 04/08/2020  The Administrator states pursuant to the North Andover Wetlands Protection Bylaw, Chapter 190, Section 6D the NACC has initiated an Amendment to the Order of Conditions. This is due to changes in the project and the ongoing management of the sources of impacts to the wetland resources both demonstrated and potential are of ample magnitude that were an imposition of additional conditions to ensure adequate protection of the wetland resources under the Act and Bylaw. The sources of impacts and management thereof have been to date governed by a series of Enforcement Orders. The Commission is now of the opinion that the source and nature of the impacts are now sufficiently characterized so that the means and methods of their long term management and treatment are better understood. The NACC finds that this body of knowledge will serve to better inform additional conditions that can be incorporated into the Order of Conditions, which will result in a comprehensive recordable regulatory document. The Administrator reviews the project description for the construction of a mixed use residential and commercial development in the northwest section of North Andover. The site is located within the Merrimack River watershed and drains westerly direction towards the river. The original OOC was issued on January 12, 2017 to the co-applicants. Approximately one year later the co-applicants initiated an Amendment to the OOC, which governed modifications to the parking, common driveways and stormwater management. The project has currently been under construction since June 2018. The residential portion hosts four residential buildings and appurtenance structures, parking, utilities, and stormwater structures. The commercial portion of the site has yet to be constructed. The commercial portion of the site is open and earthwork was recently completed to implement an erosion control plan, which is aimed to contain and control stormwater runoff to prevent it from entering the residential side.  8:16 p.m., a brief intermission is taken due to technical difficulties.  8:29 p.m., the meeting resumes.  The Administrator states the chronology of events was provided to all parties for review.  Mr. Lynch feels they are at a point where the accumulated documents can be compiled into an OOC that will be clearer for future purposes and obligations.  Mr. Manzi references the following three documents, NRP Group document dated March 4, 2020, and two documents from Lockwood Remediation Technologies, LLC dated March 6, 2020 and March 11, 2020.  Joe Peznola, Hancock Associates states there is an additional testing document from Microvision, dated March 4, 2020.  Mike Sabulis, GEI Consultants states that it is his opinion that removing any residual RCA that may be mixed with the shallow soil in the commercial area is not necessary. The infiltration trench is capturing the water, treating it and discharging it at the agreed upon rate.  Mr. Lynch agrees that although there is RCA on the commercial site it does not warrant removal. He believes the elevated pH levels are due to the groundwater moving under the residential buildings, which contain RCA.  Mr. Peznola states they support the Commission’s wish to consolidate the various information and conditions into a single document. They completed the additional punch list items as requested by the NACC. An extensive inspection was conducted of the stormwater system by a third party. The stormwater system is functioning as designed and has been put into full function. They are requesting the NACC allow the Administrator to sign-off on building permits for the commercial portion of the project allowing the project to move forward.  Mr. Manzi expresses concerns with the perpetual conditions and the continuity of the project and people. He would like to know how the NACC is to structure a condition that protects the interest of the town and public safety.  Mr. Peznola suggests a condition requiring them to provide a continual maintenance contract in perpetuity for the treatment system. He states although the equity partners may change Princeton Properties typically stays on board with these types of projects as partial equity and as the management company. Conservation Commission Minutes 11-03-2020 Page 7 of 8 Approved 04/08/2020  Mr. Lynch states the details need to be worked out pertaining to the entity that will be obligated to carry out O&M Plan for the groundwater treatment system and how it will be funded. He suggests the applicant work to draft a condition to be reviewed by the Administrator and the NACC for discussion at the next meeting. Documentation is requested for the cost associated with running the collection and treatment system on a monthly basis.  Mr. Peznola states they will provide the ongoing operation and maintenance cost and the capital replacement cost for the system.  Mr. Manzi states the current bond amount for the project is not sufficient and will need to be discussed.  Dan Brenner, The NRP Group, LLC states the all conditions set forth in the Enforcement Order which placed a halt on the building permit for the commercial site have been met. They request the Commission allow the building permit for the commercial parcel be issued while they continue to work in good faith.  The Administrator reviews the requirements set forth in the EO.  Mr. Sabulis agrees the applicant has met the requirements of the EO.  The Commission agrees the EO is in compliance and that the Administrator is authorized to sign-off on the building permits for the commercial site.  Lisa Forgetta Wagner, an abutter to the project expresses concerns with groundwater runoff and fill recently placed along the retaining wall abutting her property. Forgetta Development is not associated with the Forgetta family.  Mr. Lynch explains why the NACC has deemed the soil contaminated and he assures her the soil does not contain hazardous waste.  Mr. Sabulis states based on the information collected the more heavily impacted RCA soils/backfill is further away from the abutter’s property in the center of the site.  Paul Lockwood, LRT states there is no evidence the groundwater is moving towards the abutter’s property.  Paul McManus, EcoTech states there is no evidence of water coming out from under the retaining wall. The recent fill placed on top of the retaining wall is topsoil for landscaping.  Barbara Suhr, 148 Main Street would like to know how the RCA got on the property and how they will prevent it from being used on the AvalonBay project.  Mr. Manzi states an error was made by the builders and the NACC has been working with them to resolve the issue.  The Administrator states the OOC for the AvalonBay project will be drafted and voted on at the next meeting. Standard language now states that any fill imported will require a certificate of origin certifying it is clean fill and is appropriate. Reuse of concrete from the demolition of buildings is prohibited. She explains the requirements that will be in place for the project.  Mike Miller, Lawrence Municipal Airport would like a long-term independent monitor in perpetuity with testing.  Mr. Manzi reassures Mr. Miller that the airport property will be protected.  The Administrator states the O&M Plan should address security around the wellpoint system and other systems that require to be secured.  Mr. Lockwood states there are six pumps in the interceptor trench. The wellpoints at the top are not active but are ready if needed. The capacity of the interceptor trench system is more than adequate. There are set points for turbidity and pH, which are set inside the regulatory compliance points. The system can be started and stopped remotely. The sensors and alarm system will be part of the long term O&M Plan, as they are required to be checked on a regular basis to ensure they are functioning properly.  Mr. Manzi requests the applicant provide information on the sensors and alarm system so it may be incorporated into the perpetual conditions.  Mr. Lynch would like the rainstores inspected for calcite and the results reported to the NACC on an annual basis. Conservation Commission Minutes 11-03-2020 Page 8 of 8 Approved 04/08/2020  Mr. Sabulis suggests the information in the O&M Plan prepared by Sanborn Head, dated August 7, 2019 be incorporated into the revised O&M Plan.  Mrs. Feltovic would like to know if there are any further reports pertaining to the mold that was found and discussed at the prior meeting.  Mr. McManus states a sample of the mold was sent out to be tested. The results indicate 8-9 species of the colony. He explains the vital role mold plays in breaking down matter and why he suspects it was found at the discharge location. Mold was found in one location and he believes it will abate; it has caused no biological impact to the wetland.  The Administrator would like to know if the peer review invoice and payment accounting information provided to Atty. Brown was sufficient.  Atty. Jeff Brown, Princeton Properties states the information was received but has not been reviewed.  Mr. Manzi states it is the Commission’s intention to retain their consultant for the foreseeable future.  A motion authorizing the Administrator to approve building permits for commercial parcel is made by Mr. Lynch, seconded by Mrs. Feltovic.  A motion to Amend the previous motion to include the requirements of the Enforcement Order have been met is made by Mr. Lynch, seconded by Mrs. Feltovic  Vote 5-0, Unanimous.  A motion to continue to March 25, 2020 is made by Mr. Lynch, seconded by Mrs. Feltovic.  Vote 5-0, Unanimous. Documents 2-19-2020 Meeting Material - Commercial, 2-19-2020 Meeting Material - Residential, 1210 Osgood Street - Legal Ad Amending Order (OOC), 1210 Osgood Street pH Summary Map_3.11.20, 2020-02-20 - Email re Soil Testing Clarification, 13568 NRP Group Report, 20731SK14-RCA, Abutters List 02 21 20, Amendment Notification to J. Brown 242-1692 w Abutter Notification, Drilling Rationale Memo_3.11.20, Groundwater Conditions Opinion Letter_030620, Low Flow Data Sheets_3.10.2020, Notification to Abutters - Amendment to 242-1692 OOC 03-11-20 Mtg., Table 1 - Monitoring Well Gauging Summary, Table 2 - Monitoring Well pH Summary Adjournment  A motion to adjourn at 9:37 p.m. is made by Mrs. Feltovic, seconded by Mr. Lynch.  Vote 5-0 Unanimous.