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HomeMy WebLinkAbout2020-06-10 Conservation Commission Minutes Conservation Commission Minutes 01-60-2020 Page 1 of 7 Approved 06/24/2020 North Andover Conservation Commission Meeting Minutes June 10, 2020 Members Present: The following identified themselves as present on the call: Joseph W. Lynch, Albert P. Manzi, Jr., Vice Chairman, Louis A. Napoli, Chairman, Deborah A. Feltovic and Sean F. McDonough Members Absent: John T. Mabon and Douglas W. Saal Staff Members Present: The following identified themselves as present on the call: Amy Maxner, Conservation Administrator Meeting came to Order at: 7:03 p.m. Quorum Present. The Administrator Amy Maxner reads the following statement: Pursuant to Governor Baker’s March 12, 2020 Order Suspending Certain Provisions of the Open Meeting Law, and the Governor’s March 15, 2020 Order imposing strict limitations on the number of people that may gather in one place, this meeting of the North Andover Conservation Commission will be conducted via remote participation by conference call to the greatest extent possible. Specific information and general guidelines for the remote participation by members of the public and or parties' with a right and or requirement to attend this meeting can be found on the town’s website at www.northandoverma.gov. For this meeting members of the public who wish to watch the meeting may do so on their televisions by tuning to the Comcast Channel 8 or Verizon Channel 26 or online at www.northandovercam.org. No in-person attendance of members of the public will be permitted, but every effort will be made to ensure that the public can adequately access the proceedings in real time via technological means. In the event that we are unable to do so despite best efforts we will post on the Town of North Andover website an audio, recording or transcript or other comprehensive record of the proceedings as soon as possible after the meeting. If the public would like to participate in the public hearing please email your questions or comments prior to or during the meeting to the Conservation Administrator, Amy Maxner at amaxner@northandoverma.gov. The question or comment will be read during the proceedings and responded to accordingly. Acceptance of Minutes  The minutes for the May 27, 2020 meeting are not ready for approval. Minor Modification 242-1727, 404 Summer Street (Smyser)  The Administrator provides background on the OOC. The applicant is seeking a modification involving construction of a paver patio with built-in fire pit, walkway, edging around landscape beds and installation of shrubs next to the house. All proposed work is outside the 50-foot NBZ to the three wetland systems which surround the property on the south, north and east.  James Smyser the applicant and homeowner is present for questions.  Mr. Lynch reminds the applicant of the OOC expiration date and that no work will be allowed after the expiration date without seeking approval from the NACC.  Mr. Smyser states he understands the expiration of the Order.  The Administrator states that all excavated dirt is to be removed from the site and the final As-built is to reflect the changes.  A motion to approve the Minor Modification is made by Mrs. Feltovic seconded by Mr. Lynch.  Vote 5-0, Unanimous. Documents DEP File #242-1727 404 summer st (patio) Conservation Commission Minutes 01-60-2020 Page 2 of 7 Approved 06/24/2020 242-1692, 1210 Osgood Street (Princeton Development)  Mr. Napoli recuses himself from the discussion due to a conflict of interest, Mr. Manzi steps in as Chair.  The Administrator states the applicant is seeking approval for a Modification to allow for construction of a swale to correct for micro topographic features that was not detected at the time of preconstruction survey. The swale is needed to create a preferential flow channel for stormwater discharging behind the clubhouse to feed wetland A. Landscaping revisions and the removal and relocation of some ornamental trees are proposed. A third-party review was performed as requested by the NACC. The June 4, 2020 letter from Horsley Witten concluded that the swale is in conformance with the stormwater design and is sized to handle flows. The Peer Reviewer recommends the Conservation Department be on-site at the time of construction. The Administrator recommends pre-construction with erosion controls installed at the limit of new work. A site visit has been performed by the Administrator and she reports it is clear there is a slight rise in topography at the edge of existing riprap that will need to be lowered allowing flow to move towards the wetland. Part of the footprint of the swale will be in an area that was used as a hay bale discharge point for dewatering activity, therefore some of this stretch is already disturbed. The riprap area has been extended per the request of the Commission. The Administrator states she does not believe there is an alternative to the proposed work.  Mr. Manzi would like to know if there will be any testing of surface water runoff.  The Administrator states a letter was received from LRT; they have been retained by the applicant to perform testing at flows. Observations have been made but it has been too dry to test. She recommends a pre-construction meeting to inspect erosion controls. The proposed seed mix is to be a native shade tolerant woodland mix and invoice verifying its purchase be provided prior to application. Mowing of the restricted seeded areas will be limited to 1x a year in late October/early November.  Mr. Lynch requests the June 8, 2020 letter from LRT be entered as a citation into the parent OOC as an ongoing condition.  A motion to approve the Minor Modification is made by Mr. Lynch, seconded by Mrs. Feltovic.  Vote 4-1-0, (In Favor: Lynch, Manzi, Feltovic, McDonough, Recused: Napoli). Documents 05-27-2020 Meeting Materials, 20731SK16 R1 signed, 200604_review minor mod_1210 Osgood, Drainage Outfall pH Monitoring_06082020 Certificate of Compliance 242-1768, 130 Rea Street (Woodcock)  The Administrator provides background on the OOC for a failed septic system. Weekly monitoring reports were provided and certificates for the imported fill were furnished. The required wetland markers were installed prior to the start of work. A site inspection was performed, and the site is stable.  A motion to issue a full and final Certificate of Compliance is made by Mr. Manzi, seconded by Mrs. Feltovic.  Vote 5-0, Unanimous. Documents 2020-06-03 AS BUILT CERTIFICATIONS 130 REA, 2020-06-03 AS BUILT PLAN 130 REA, IMG_3527 Small Project NACC #253, 283 Campbell Road (Tschirhart)  The Administrator states the applicant i s seeking to replace the existing deck in-kind. The deck is approximately 76 feet from the edge of the wetland. Per the contractor most of the existing footings are in good condition. It is possible a few could require to be replaced.  A motion to accept this as a Small Project B is made by Mr. Manzi, seconded by Mrs. Feltovic.  Vote 5-0, Unanimous.  A motion to approve the Small Project as proposed (post construction site inspection) is made by Mr. Manzi, seconded by Mr. Lynch. Conservation Commission Minutes 01-60-2020 Page 3 of 7 Approved 06/24/2020  Vote 5-0, Unanimous. Documents 283CAMPBELLRDNANDOVER, Check, Deck Plan, Deck Plan, Small Project Checklist and Narrative Request for Determination of Applicability 34 Thistle Road (Ham)  The Administrator states the applicant is seeking to expand an existing deck and stairs. All proposed work is outside the 50-foot NBZ. The existing deck is approximately 200 s.f., they are proposing to expand the deck to roughly 458-s.f.. The deck is approximately 56-feet from BVW to the north and west. There is an isolated wetland to the south, which has been characterized as a vernal pool under past Small Project Permit for a fence. All proposed work is outside 50-foot NDZ and 75-foot NBZ of the vernal pool. There will be five new footings installed for the deck, which will be approximately 24-inches in diameter.  Mr. Napoli directs the Administrator to confirm the location of the construction access and stockpile location.  A motion to issue a Negative Determination #3 as recommended (pre-construction erosion control inspection, excavated soils removed from the site, post-construction inspection, construction access and stockpile locations to be added to the plan) is made by Mrs. Feltovic, seconded by Mr. McDonough.  Vote 5-0, Unanimous. Documents 34 Thistle - Certificate of Mailings 06-08-2020, 34 Thistle Road - A-1, 34 Thistle Road - C-1, Abutter List - 34 Thistle Road, Abutter Notification Form - Remote Meeting - 34 Thistle Road, Copy of Check for RDA Fees - 34 Thistle Road, Fee Calculation Worksheet - 34 Thistle Road, Locus Map - 34 Thistle Road, Project Narrative - 34 Thistle Road, RDA Application - 34 Thistle Road, RDA Application Checklist - 34 Thistle Road Millpond Condominiums, Units 1-120 (The Dartmouth Group)  The Administrator states the complex is seeking approval to replace light pole stanchions and existing wiring that illuminate parking and walkway areas. There are only 2 or 3 brand new stanchions proposed, the rest are existing to be replaced. Work is proposed to take place within 200-foot Riverfront to Cochicewick Brook and 100-foot Buffer Zone to bank of Mill Pond. The closest existing stanchion is approximately 45-feet from the stone bank of Cochichewick Brook. Most of the stanchions are separated from the brook/pond by parking, walking area or lawn to act as a buffer. The proposed stanchions will be precast requiring them to be set into the ground. The new wiring will be placed in conduit and require a trench that will be 6-inches wide and 10-inch deep. The trench will be opened and backfilled the same day. A site inspection has been performed by the Administrator.  Robert Branca, Andover Electric Services is present for questions  Mr. Lynch confirms the trench will only be 10-inches deep and in conduit.  Mr. Branca states they are using steel conduit in order to keep the trench depth to a bare minimum. The trenches will be closed at the end of the day to prevent tripping hazards.  A motion to Negative Determination #3 and #2 with a condition that exposed soils closer than 50 feet to a resource be spread with straw if erosion is evident, is made by Mrs. Feltovic, seconded by Mr. Lynch.  Vote 5-0, Unanimous. Documents Legal Notice 06 01 20 - Public Notices, Legal Notice 06 01 20 - Tribune, Millpond site layout, 5-21-20, Narrative of Project Millpond 6-8-20, WPA Form Millpond Cond 5-28-20 30 Tanglewood Lane (Cammarata)  The Administrator states the applicant is seeking to install a 20’x40’ above-ground pool with a cartridge filter system. The proposed pool is approximately 81-feet from the edge of the wetland. The proposed location is located within the lawn and will not require removal of vegetation. The wetland delineation is Conservation Commission Minutes 01-60-2020 Page 4 of 7 Approved 06/24/2020 about 10-12-feet off of a 1-foot high field stone wall at the edge of the lawn. During a site visit a fire pit was noticed within the 25-foot NDZ. The applicant was instructed to remove it and any associated debris.  Mr. Napoli would like to know if the applicant has complied with the request.  Jamie Cammarata, the homeowner states the items have been removed. The pool dimension included the decking which surrounds the pool, with the actual swim area being smaller.  The Administrator states she received a letter from Ellen McIntyre, 23 Tanglewood Lane. The letter states she has no objections to the project and supports the Cammarata’s.  A motion to Negative Determination #3 (Conservation staff to verify removal of fire pit and debris, installation of wetland markers and pre construction erosion control inspection) is made by Mrs. Feltovic, seconded by Mr. Manzi.  Vote 5-0, Unanimous. Documents Legal Notice 06 01 20 - Public Notices, Legal Notice 06 01 20 - Tribune, S20052708020, S20052708021, S20052708021 Notice of Intent (NOI) 242-1784, Barker Street Culvert Replacement (North Andover DPW)  The Administrator provides background on the proposed project. Per the request of the NACC the following changes have been made. A beaver deceiver was added to the plan. After conducting more research, it was discovered there is a divide in the watershed upstream of Barker Street so that some flow goes to Lake Cochichewick. The wetland replication area has been relocated after a field site inspection. The wetland replication guideline checklist and the bylaw requirements have been addressed with a 5:1 ratio replacement. The consultant was able to address DEP comments including if the applicant cannot meet stream crossing standards it would be a limited project. Additional information of the Osgood Street culvert was obtained after NOI submitted. The culvert was found to be 48-inch CMP, with a flow capacity of 161 CFS in the 25-year storm. The consultant concluded that increasing the size of the Barker culvert would result in impacts due to downstream limitation. The openness ratio was further discussed, pointing back to upstream and downstream impacts for anything larger than what was chosen for the size. The bank width and stream profiles were previously provided embedded in the Stormwater Report. Test pits to determine depths of the utilities are known and can be proven visually after the most recent part of the roadway partially washed out. The current conditions prohibit a pebble count for the streambed composition, this will be done during construction. DEP expressed concern that the headwalls will cause scour and erosion on the bank and in BVW. Per the consultant the headwalls and associated riprap are designed to prevent this. The extent of riprap in the stream channel has been reduced and replaced with a natural bottom. The temporary check dam was removed and replaced with a sandbag cofferdam and turbidity curtain upstream. The hoses of the stream bypass systems are proposed to be shallow buried. This will ensure they are protected during construction and a diffuser will replace the riprap dissipator at the bypass outlet. The wetland impacts and calculations were clarified, and updated forms provided and noted on the plan. The bypass pump size has been calculated for 350-GPM in dry conditions, 6,000-GPM in wet weather flow.  Mr. Lynch expresses concerns with the bypass pumping in wet conditions. He believes there may be a potential for scour at the higher flow rate. He feels this type of project should be completed in low flow seasons.  Ryan Paul, Environmental Partners presents on behalf of the applicant. They came up with a general alternative shown on the plans to prevent scour by placing a plastic sheet on top of the substrate below the water, he explains the details of the plan. The GMP was based on the 24-inch CMP that was originally in place.  Rob Rafferty, Environmental Partners states the intent of the bypass is to match what the stream would typically see. He believes that if it's not scouring now the protections, they have in place would be adequate. Conservation Commission Minutes 01-60-2020 Page 5 of 7 Approved 06/24/2020  Mr. Lynch states it is the velocity, not the volume that produces the scour. He believes that aerial atomization would reduce the risk of scour and still deliver the water as needed. This can be conditioned and submitted to the NACC by the contractor for approval or submitted to the NACC before the project goes to bid.  Mr. Manzi explains the unique reason for the divide in the watershed based on his observations in the field with John Borgesi and the Administrator. He believes this is almost an emergency project as he believes that the roadway will not survive much longer.  Mr. Napoli would like to know the width of the roadway and if there will be a shoulder on either side.  Mr. Paul states the roadway is approximately 20-feet wide. There will be a slight gravel shoulder near the head walls, guardrails are proposed.  Mr. Lynch states it is important that the bidder is aware the OOC requires a bonding requirement to protect the Resource Area.  Mr. Paul states they will make sure the bidder is aware of the requirement.  7:56 p.m., Mr. McDonough experiences technical difficulties. He is able to listen to the meeting but unable to respond. He communicates to Mr. Manzi that he has no questions or concerns for the consultant.  A motion to close and issue in 21 days is made by Mr. Lynch, seconded by Mr. Manzi.  Vote 4-0, Unanimous (Mr. McDonough is not present due to technical difficulties). Documents 05-13-2020 Meeting Materials, Att1. Plans_NOI_BarkerCulvert_NAndover.rev1, Att2. WPA Form 3.rev, Att3. DewateringSpecification, Att4. WetlandChecklist, Att5.Diffuser and Sand Bags, ResponseLetter_BarkerStCulvert_NAndover_20200605 242-1787, 135, North Ramp Road (Positive Star Realty, DeRosa)  7:59 p.m., This item is tabled to address technical difficulties.  8:04 p.m. Mr. Napoli recuses himself from the discussion due to a conflict of interest, Mr. Manzi steps in as Chair. All other members are present on the call.  The Administrator states pursuant to Notice of Non-Compliance issued by DEP in 2014, the applicant is submitting this NOI to stabilize steep slopes consisting of mixed PGA material. Per the existing conditions section of the Stormwater Report, the site is covered with 8-feet or more of ground glass/gravel fill. The bottom of the slopes are in the Buffer Zone and in some areas immediately adjacent to the BVW. She describes how the applicant proposes to stabilize the site. Stormwater management is proposed which involves two subsurface infiltration chambers and leaving in place the existing detention pond that receives stormwater from the catch basin on the abutting site and berm around the pond. The permeability testing on site showed 104-inches per hour through this glass/gravel material. A value of 52- inches per hour was used per the MA Stormwater Handbook for the calculations. The wetland line has not been reviewed at this time. The Administrator provides some background communication history with previous NACC Administrators.  Mr. Lynch does not believe encroachment of the wetlands would have been allowed by the Commission.  Mr. Manzi states he is completely unaware of this site, and states a new delineation is necessary. He requires erosion controls be placed around the mounds and monitoring wells installed immediately.  The Commission agrees a stormwater review will be required.  Mr. McDonough states the matter was brought to his attention several years ago by an abutter. He requested the prior Administrator research the matter. She informed him that DEP had a file on the non- compliance. He is happy to see the issue before the Commission and believes some action must be taken.  Mr. Manzi directs the Administrator to establish a timeline and have a delineation of the wetland line to know the location of the PGA material. The applicant must cease and desist activity pending the installation of monitoring wells. He states a DEP # number has not been assigned at this time.  David Cowell, Hancock Associates presents on behalf of the applicant. He states the site has been active and in operation for almost 20-years. Historic delineations have been performed over the years and the toe Conservation Commission Minutes 01-60-2020 Page 6 of 7 Approved 06/24/2020 of slope was required to be monumented by the Conservation Commission at the extent of the wetland boundary. A site walk was performed, and the historic conservation markers are visible demarcating the wetland line. He requests a site walk with the NACC prior to the next hearing. The filing is under review by other DEP agencies and the applicant awaits comments. Due to the fact this is mandated mitigation work, they are not looking to move forward with the filing until they have responded to all the comments by the Commission and DEP. The proposal includes vegetative stabilization of the slopes as they are and Stormwater Management Plan. He proposes to review the wetland line with the Administrator, reset the wetland flags and add them to the plan.  Charlie DeRosa & Rob DeRosa, Positive Start Realty are present for questions.  Mr. Lynch directs the Administrator to research any permitting that may have been before the Commission between July 2007 and April 2008. He believes this type of work would have required permitting by the NACC and therefore may be a violation.  Mr. Lynch directs the wetland scientist to re-delineate the wetland line, survey it on the plan and submit it for review by staff.  Mr. Manzi would like to see the limits of the PGA material noted on the plan in relation to the wetland line. He agrees to participate in a site visit once the delineation is completed.  Mr. Cowell agrees to re-delineate the wetland per the Commission's request.  Mr. McDonough would like to know if the applicant has any correspondence from the NACC they could share with the Commission.  Mr. Cowell states he is reliant on feedback from the Commission and is willing to share whatever correspondence they are able to find.  Mr. Lynch states the requirement to produce records falls on the applicant.  Mr. Cowell requests the Commission hold off on issuing a cease and desist order.  Mr. Manzi withdraws his request to issue a cease and desist order and allow daily activities. He cautions the applicant to use caution of the work being conducted before the delineation has been agreed upon and the next course of action.  Mr. McDonough would like to know what the daily activities entail.  Rob DeRosa, states they are not conducting work along the berm, this type of work stopped a long time ago. Dynamic Recycling is currently using the site as a right-of-way for their trucks. Positive Star Realty has been working with DEP since 2018 to close the site down.  No public comment.  A motion to continue to June 24, 2020 is made by Mr. Lynch, seconded by Mrs. Feltovic.  Vote 4-1-0, (In Favor: Lynch, Manzi, Feltovic, McDonough, Recused: Napoli). Documents FINAL Positive Start NOI, Legal Notice 06 01 20 - Public Notices, Legal Notice 06 01 20 - Tribune, Positive Start NOI Final Plan Set, Positive Start Stormwater Report 242-1786, 410 Summer Street (Loughran)  8:00 p.m., Mr. McDonough rejoins the call. The Administrator takes attendance and all members of the NACC that were present at the start of the remote meeting are present.  The Administrator states t he project is in response to an EO issued by the Commission in November 2019 for unpermitted in-ground pool rehabilitation within the 100-foot Buffer Zone, 50-foot NBZ and 25-foot NDZ. The proposal is for the after-the-fact approval for the demolition and reconstruction of the pool and associated structures and patio in the same footprint. The wetland was delineated in December 2019 and the line was approved by the Conservation Department. Approximately 320 s.f. of the project is in the 25- foot NDZ. The applicant has proposed buffer zone mitigation plantings within the 25-foot NDZ. The engineer was not able to certify if the pre-existing pool patio was located in the 25-foot NDZ. After reviewing the aerial overlay the Administrator believes the majority was in the 25-foot NDZ. An Alternatives Analysis was provided, and the applicant is seeking a waiver from the 25-foot NDZ and 50- Conservation Commission Minutes 01-60-2020 Page 7 of 7 Approved 06/24/2020 foot NBZ. The applicant has proposed the installation of additional erosion controls to completely encompass the limit of work. A stockpile location is depicted on the plan and is located mostly in the 50- foot NBZ. A shed is proposed and will be approximately 80-feet from the wetland. Fencing around the pool will have some freeboard at the bottom to allow for critter migration.  Mr. Lynch would like to know if the Administrator feels the mitigation plantings are sufficient.  The Administrator states she believes the Planting Plan to be sufficient.  Lynch states that the aerial overlay with the plan is telling and provides a good level of comfort that proposed work is within the same pre-existing footprint.  No public comment.  A motion to close and issue in 21 days is made by Mrs. Feltovic, seconded by Mr. Manzi.  Vote 5-0, Unanimous. Documents 2020-05-28_NACC submittal cover letter, 2020-06-08_Summer Street_NOI Site Plan, Legal Notice 06 01 20 - Public Notices, Legal Notice 06 01 20 - Tribune, North Andover_410 Summer Street_NOI_Application Form, North Andover_410 Summer Street_NOI_Narrative and Supporting Documents, Summer Street_NOI Site Plan Enforcement Order/Violation 537 Boxford Street  The Administrator provides background history on the EO. She states that compliance with the EO was verified in May and recommends lifting the EO.  A motion to lift the Enforcement Order is made by Mrs. Feltovic, seconded by Mr. Manzi.  Vote 5-0, Unanimous. Documents Summer Street_NOI Site Plan, 20200518_095841, 20200518_095851, 20200518_095855 410 Summer Street (Loughran)  The Administrator states the directive of the EO was to file an NOI which has been done.  A motion to lift the Enforcement Order is made by Mr. Lynch, seconded by Mrs. Feltovic.  Vote 5-0, Unanimous. Documents 11-20-2019 Meeting Materials, 12-11-2019 Meeting Materials 190 Farnum Street (Smirnov)  The Administrator states the homeowner requested a continuance. A site visit was performed today, and the site is stable.  A motion to continue to July 22, 2020 is made by Mr. Manzi, seconded by Mrs. Feltovic.  Vote 5-0, Unanimous. Documents 05-27-2020 Meeting Materials, Farnum 190 aerial history Adjournment  A motion to adjourn at 8:55 p.m. is made by Mr. Lynch, seconded by Mr. Manzi.  Vote 5-0 Unanimous.