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HomeMy WebLinkAbout2020-07-22 Conservation Commission Minutes Conservation Commission Minutes 22-70-2020 Page 1 of 8 Approved 8/12/2020 North Andover Conservation Commission Meeting Minutes July 22, 2020 Members Present: The following identified themselves as present on the call: Joseph W. Lynch, Albert P. Manzi, Jr., Vice Chairman, Deborah A. Feltovic and Sean F. McDonough Members Absent: Douglas W. Saal, John T. Mabon and Louis A. Napoli, Chairman Staff Members Present: The following identified themselves as present on the call: Amy Maxner, Conservation Administrator Meeting came to Order at: 7:02 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, G.L. c. 30A, §18, and the Governor’s March 15, 2020 Order imposing strict limitation 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 to the greatest extent possible. Specific information and the general guidelines for 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 listen to the meeting may do so on their televisions by tuning to Comcast Channel 8 or Verizon Channel 26. 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 or video recording, transcript, or other comprehensive recording of the proceedings as soon as possible after the meeting. If the public would like to participate in public hearings please email your question/comment prior to or during the meeting to amaxner@northandoverma.gov. The question/comment will be read during the proceedings and responded to accordingly. Acceptance of Minutes  A motion to accept the minutes of the June 24, 2020 is made by Mrs. Feltovic, seconded by Mr. Lynch.  Vote 4-0, Unanimous. Request for Extension 242-1716, 146 Main Street (Stone Mill Realty Trust)  The Administrator provides background information on the OOC governing removal of the existing pump house and failing sewer pump station and replacement with a below grade 1,000-gallon pump chamber duplex pump and force main with associated appurtenances. The Office of Dam Safety has required the tank be relocated. The applicant is working on new plans and finalizing agreements with landowners. No work has been done. The applicant will come before the NACC with a formal Modification Request for these changes. The wetland flags have been refreshed and the site is in compliance. A 1-year extension is recommended by the Administrator.  A motion to grant a one-year extension is made by Mr. McDonough, seconded by Mrs. Feltovic.  Vote 4-0, Unanimous. Documents 146 Main St wetland flag photographs, OOC Extension Request Minor Modification 242-1692, 1210 Osgood Street (Princeton Development)  The Administrator states the applicant is seeking a modification to reduce the size of the temporary sediment basin to allow for utility installation. A revised plan and letter for the commercial site sediment Conservation Commission Minutes 22-70-2020 Page 2 of 8 Approved 8/12/2020 basin reduction request was received. Per the letter Building 2 has a roof and will be connected to the stormwater system within a day or two. The footprint for Building 2 has been eliminated from the basin calculation. Building 3 will receive a roof in about a month. The engineer states that the foundation has the capacity to control stormwater for that footprint and would like to reduce the basin based on that footprint. The engineer states in his letter, the General Contractor is responsible for the integrity of the buildings and foundations during construction. The foundations have been in place for some time and have been subject to the elements/storm events.  Mr. Lynch is satisfied with the letter from Hancock Associates.  The Administrator recommends approving the Modification with the following conditions: the erosion control monitor is to be on site during basin reduction earth work and to verify final footprint of basin when complete, report to the NACC. Continued monitoring of effluent as previously required. Contact the Conservation Department when the building roofs are being tied into the stormwater system.  Robert DiBenedetto, Hancock Associates and Dan Cameron, American Construction Corporation are present for questions.  A motion to adopt the Minor Modification as proposed is made by Mr. Lynch, seconded by Mrs. Feltovic.  Vote 4-0, Unanimous. Documents 6-24-2020 Meeting Materials, 22448 Revised basin reduction letter, 22448PP R1 20200717 242-1764, 137 Andover Street & 0 Chickering Road (The Trustees of Reservations)  The Administrator provides some background on the OOC issued in 2019. The work on site has started and the site is currently in compliance with the Order. The applicant is seeking a modification for the removal of an abandoned 3-sided concrete silage pit located approximately 35-feet from BVW, re-grading the area to a maximum 3:1 slope, fine grading by hand, sowing with native seed mix and installation of an erosion control blanket. Per the narrative there are plenty of native on-site soils in stockpiles to reuse in this area. The Administrator recommends approving the modification with the following conditions: slopes are not to be greater than 2:1. Conservation Staff to review additional erosion control prior to construction. The demolished concrete is to be removed from the site and disposed of at appropriate facility, concrete cannot be buried. Invoice for native seed mix shall be provided prior to sowing.  Mr. Lynch agrees that removing a structure from the 50- foot NBZ is a benefit.  Mr. McDonough confirms the request is to demolish the silage pit and that it will not be replaced.  A motion to approve the Minor Modification as proposed is made by Mr. Lynch, seconded by Mrs. Feltovic.  Vote 4-0, Unanimous. Documents SCP Silage Pit_Amendment Request Letter_PDF 242-1770, 456 Summer Street (Carlstrom)  The Administrator provides some background on the Order. The applicant is seeking a modification allowing the construction access to the work area off of Summer Street up the driveway in the Buffer Zone. The pool remains in the original proposed location outside the Buffer Zone. The applicant is seeking the request to prevent the manicured lawn from being destroyed. Per the contractor this route is easier and will be more efficient. The Administrator recommends approving the Modification with the following conditions: Stockpiling is to remain outside the Buffer Zone or immediately loaded into a dump truck for removal. Erosion controls are to be installed the entire length of the driveway and must stay in place until all areas of disturbance are fully stabilized and only removed with Conservation Staff approval. A preconstruction meeting to inspect erosion controls is required.  Maureen Herald, Norse Environmental is present for questions.  Mr. Lynch confirms the garage will be constructed during a future phase.  Mr. Manzi would like to know the bond amount for the project. Conservation Commission Minutes 22-70-2020 Page 3 of 8 Approved 8/12/2020  The Administrator states the bond has not been posted but was set in the amount of $3,000.00.  Mr. Manzi states the bond must be posted prior to the start of construction. Mr. Lynch agrees stating that the project would effectively be starting and should comply with all pre-construction conditions.  A motion to approve the Minor Modification as proposed is made by Mr. Lynch, seconded by Mrs. Feltovic.  Vote 4-0, Unanimous. Documents Modification Request 07 14 20, Plot Plan of Land for Modification 07 14 20 242-1782, 800 Massachusetts Avenue (Worden)  The Administrator provides some background on the OOC issued in June 2020. The applicant is seeking to eliminate Special Condition #48, allowing the advancement of the geothermal wells this season to heat the building this winter. They intend to fundraise further for the proposed patio. The Administrator recommends approving the Modification with pre-construction requirements being met prior to drilling operations commencing.  Mr. Lynch agrees that Condition #48 can be relaxed to allow the geothermal wells to be completed.  James D'Angelo, a member of the project team, requests the posting of the bond be delayed until work is started inside the 100-foot Buffer Zone. Prior to the start of construction of the geothermal wells a filtration sock will be installed at the 100-foot Buffer Zone to protect the wetlands.  Mr. Lynch states per the plans work will occur within the 100-foot Buffer Zone for the slurry management for drilling of the geothermal wells requiring the bond to be posted.  A motion to strike Condition #48 from the record is made by Mr. Lynch, seconded by Mr. McDonough.  Vote 4-0, Unanimous. Documents 242-1782 Final Approved Plan 800 Mass Ave 04-22-20, OOC 800 Mass Ave. #242-1782, Request to Modify Condition 48 July 15 2020 Request for Determination of Applicability 206 Olympic Lane (Sidell)  The Administrator provides some background on the proposal. She states that the applicant requested the hearing is closed and a formal decision be issued. The Administrator recommends closing the hearing and issuing a Positive #1 & #2 Determination requiring a NOI and re-planting plan prepared by a professional wetland consultant.  The Commission discusses the original proposal for the removal of nine large white pine trees. All of the trees are located within the 2nd 100 feet of the Riverfront Area and seven of the trees are within the 25- foot NDZ. All of the trees are located within the NHESP Priority Habitat.  James McArthur, Professional Environmental Services LLC presents on behalf of the applicant. He states the trees are declining and are a hazard to the home. He states all of the guidelines have been met or exceeded within the Tree Removal Request Protocol for hazardous trees.  Mr. Manzi states the request exceeds the protocol guideline. The Commission requested a Replanting Plan prepared by a professional wetland consultant and a soil analysis, which has not been received.  Mr. Lynch explains that an RDA does not trigger Natural Heritage and there is NHESP Priority Habitat involved. The applicant could file with Natural Heritage on their own and provide a document to the NACC stating whether there is an impact or not. If there is no impact and Natural Heritage is satisfied the applicant may be able to forgo a NOI. At this point in time this information has not been provided.  A motion to close and issue a Positive Determination #1 & #2 as proposed by Mr. Lynch, seconded by Mrs. Feltovic.  Vote 4-0, Unanimous. Documents 5-27-2020 Meeting Materials Conservation Commission Minutes 22-70-2020 Page 4 of 8 Approved 8/12/2020 Notice of Intent (NOI) 242-1787, 135, North Ramp Road (Positive Star Realty, DeRosa)  The Administrator states the applicant has requested a continuance. Commissioners Manzi and McDonough performed a site inspection on Wednesday, July 15th. The applicant and Conservation Department are gathering documentation for the site. Contact was made with GEI to assist the NACC in formulating a sensible scope of work for 3rd party peer review related to wetland impacts, contamination and stormwater review. The Administrator is waiting to hear back from GEI on this.  Mr. Manzi states after conducting a site visit the issue is larger than originally thought. He encourages all the Commission members and peer reviewer to conduct another site visit.  Mr. McDonough agrees with Commissioner Manzi’s comments.  A motion to continue to August 12, 2020 is made by Mrs. Feltovic, seconded by Mr. McDonough.  Vote 4-0, Unanimous. Documents Email from dcowell@hancockassociates.com requesting a continuance until 8/12/20 242-1791, 40 Ridge Way (Chicoyne)  The Administrator states the proposal was discussed at the previous meeting under an RDA. The applicant has resubmitted the proposal under an NOI. Additional information pertaining to the retaining wall has been provided. The Administrator states a DEP number has not been assigned.  Dennis Griecci, Andover Consultants states the application and payment have been received by DEP. He requests a continuance to the next meeting to allow DEP to issue a file number.  A motion to continue to August 12, 2020 is made by Mr. McDonough, seconded by Mrs. Feltovic.  Vote 4-0, Unanimous. Documents 40 Ridge Way - Legal Notice 07 15 20 - Public Notice, 40 Ridge Way - Legal Notice 07 15 20 - Tribune, 40 Ridge Way_NOI narrative_Compiled, 40 Ridge Way_Site Plan, 40 Ridge Way_wpaform3_Compiled, 2020-07-07_NACC submittal cover letter 242-1789, 35 Hawthorne Place (Fresen)  The Administrator states the applicant is proposing an in-ground pool with no associated patio. The project is outside 50-foot NBZ and 200-foot Riverfront and Floodplain. The stockpile location is depicted on the plan, driveway is the construction access. The wetland delineated was performed by Norse Environmental and found to be accurate by the Administrator. The pool is located to comply with zoning setbacks. The Administrator provides some background history on past projects. She states that DEP has issued a File # with no comments.  Mr. Lynch confirms the correct set of plans is dated July 20, 2020.  The Administrator confirms this is correct.  A motion to close and issue in 21 days is made by Mrs. Feltovic, seconded by Mr. McDonough.  Vote 4-0, Unanimous. Documents 35 Hawthorne Place - Legal Notice 07 15 20 - Public Notice, 35 Hawthorne Place - Legal Notice 07 15 20 - Tribune, 35 Hawthorne Swimming Pool Plot Plan, Abutter Notification Form COVID-19 revisions- Word Final, Abutters HAWTHORNE 35 JULY 2020 M 26 P 13, Application Checklist - Notice of Intent Revised 09 17 19, MLF Project Description, Proposed Pool #35 Hawthorn Place NOA-R 7-8-20 Stamp & Sign, Riverfront Area Map - USGS MLF Markup, WPAform3 NOI - 35 Hawthorne MLF 242-1788, 15 Carriage Chase Road (Alpha Development Corporation)  The Administrator provides some background history on past projects. She states that the house was damaged by a fire and is no longer habitable. An Emergency Certification was issued by the NACC Conservation Commission Minutes 22-70-2020 Page 5 of 8 Approved 8/12/2020 Chairman allowing the building to be demolished and abate any hazards. The demolition has not occurred yet. The NOI proposes to demolish and rebuild on the existing foundation footprint. There are no other changes noted on plan. The driveway will be repaved in the same footprint and utilities installed. A site inspection was performed, and it appears that the NDZ has experienced landscaping through the years which has encroached into the wetland by approximately 10-feet.  Mr. Lynch would like clarification on the type of erosion controls they are proposing.  The Administrator states erosion controls (entrenched silt fence and straw wattle stake) presently existed in preparation for demolition.  Mr. Manzi would like to know if the change in the wetland was validated by soils.  Maureen Herald, Norse Environmental states soil samples were taken, and the line depicted on the plan should be closer to the house by 10-feet. A Watershed Special Permit waiver was received from the Planning Board at the July 21, 2020 meeting.  8:12 p.m., Mr. McDonough experiences technical difficulties.  Mr. Manzi requests an amended plan be submitted to accurately depict the wetland line and updated setbacks.  8:14 p.m., Mr. McDonough rejoins the call.  The Administrator questions if the NACC is ok with the landscaping occurring in the 25-foot NDZ.  The NACC directs the Administrator to provide historical evidentiary information to determine if the landscaping will be allowed to remain.  Ms. Herald states they would be ok with removing the mulch if the Commission requires them to do so. She requests a continuance to the next meeting.  A motion to continue to August 12, 2020 is made by Mr. Lynch, seconded by Mr. McDonough.  Vote 4-0, Unanimous. Documents 15 Carriage Chase Pics 7-17-20, 15 Carriage Chase Road - Legal Notice 07 15 20 - Public Notice, 15 Carriage Chase Road - Legal Notice 07 15 20 - Tribune, 520020 - 2020-07-08 - 15 CC - ECP, doc20200722091112, NOI 242-1790, 1 High Street (RCG North Andover Mills)  The Administrator states a DEP number has not been assigned.  James Lacasse, Solitude Lake Management states a check was submitted to DEP today.  The Administrator states the applicant is seeking to continue the East Mill Pond aquatic invasive plant treatment program. This was previously permitted under a 5-year OOC, which expired in the spring of 2020. An EO was issued by the NACC allowing the first early summer treatment to occur while a new NOI was prepared. The NOI is to provide results of an investigation of potential sources of E.coli, source and constituents of discharge emanating from various pipe outlets found at the pond banks and propose measures to address these inputs and abate their impacts to water quality to the greatest extent practical. The new NOI is filed as a Limited Project. They are requesting a 5-year approval and propose early and late summer monitoring and year-end reports. They are requesting the use of specific chemicals which are listed in the narrative. The proposal discusses E. coli inputs and is attributed to migratory bird populations. It does not appear the pipe outlets found at the pond banks were investigated.  Mr. Lynch states understanding the source contamination is important for the overall health of the waterbody. The chemical treatment for the invasive growth control is minor compared to the bacteria they are looking to trace.  James Lacasse states nothing has changed in the new NOI. They are seeking to continue the existing program they have been using for additional 5-years.  A motion to continue to August 12, 2020 is made by Mrs. Feltovic, seconded by Mr. Lynch.  Vote 4-0, Unanimous. Documents Conservation Commission Minutes 22-70-2020 Page 6 of 8 Approved 8/12/2020 1 High Street - Legal Notice 07 15 20 - Public Notice, 1 High Street - Legal Notice 07 15 20 - Tribune, 1FINAL compiled_East Mill Pond_North Andover_SOLitude, Compiled corrected applicant forms Enforcement Order/Violation 190 Farnum Street (Smirnov)  The Administrator states an EO was issued for the import of loam into the wetland that has been maintained as lawn. The wetland was delineated, and a report was provided. Per the report the wetland is currently mowed lawn. The large shed was allowed to remain in its current location and required mitigation plantings, these plantings are no longer present. The shed was signed off by a former Administrator when a COC issued for a septic system upgrade. There is another small unpermitted shed which sits on a concrete pad. The Administrator reviewed historic aerials from 1971 and 1978 per the request of the Commission. Per the aerials it appears some lawn existed along the northerly side since 1971. Some clearing may have occurred west of the large shed through the years.  Sergey Smirnov, the homeowner, states the shed existed when the house was purchased in 2016. Per a neighbor the concrete pad has existed since the 1970’s when a gazebo previously existed in the same location.  The Administrator defers to the Commission as to whether the small shed should remain. She recommends replanting the shrubs as originally required, additionally she recommends wetland markers are installed along the edge of the lawn to the north and allow the large shed to remain. She recommends wetland markers are installed along the westerly edge of wetland and cease any mowing or landscaping maintenance in that area.  Mr. Manzi would like to know the setback of the shed from the wetland.  The Administrator states the shed is in the 25-foot NDZ with a corner of it located inside the wetland. The seeded area is stabilized, and erosion controls are present.  The Commission discusses the EO and how they would like to proceed.  Mr. Smirnov offers to relocate the shed from the 25-foot NDZ and to be allowed to continue to maintain the lawn as shown in the historical aerials.  The Commission agrees the small shed is to be removed. The concrete pad is to remain and is to be loomed and seeded over. No other structures may be placed on top of the concrete pad. The replanting of shrubs is required per the previous OOC. The lawn may be maintained as depicted in historical aerials with the installation of wetland markers at the edge of lawn.  A motion to amend Enforcement Order as proposed is made by Mrs. Feltovic, seconded by Mr. McDonough.  Vote 4-0, Unanimous. Documents 05-27-2020 Meeting Materials, 6-10-2020 Meeting Materials, 1971 Aerial, 1978 Aerial, B. Prokop Response Report, 190 Farnum 1470 Forest Street Ext. (Picariello)  The Administrator provides some background information on an EO issued for wetland violations in March 2020. A site visit with the Wetland Consultant was performed today. There are two areas of concern where wetland impacts need to be addressed. One area is directly behind the house and is shown on DEP’s Wetland Change mapping, and the other area is to the west. She would like more time to further investigate the site and timeline.  Mr. Manzi states the bylaw was already in place when he started on the NACC in November 1990.  John Dick, Wetland Scientist states per historical aerials clearing was taking place in 1980. This appears to be consistent with the construction of the house in 1984 from the assessor's records. He believes the bylaw was adopted by the NACC in February 1992. He is unsure if there was a bylaw prior to this and that more research needs to be conducted.  The Commission agrees more time and research is required. Conservation Commission Minutes 22-70-2020 Page 7 of 8 Approved 8/12/2020  A motion to continue to August 26, 2020 is made by Mr. McDonough, seconded by Mrs. Feltovic.  Vote 4-0, Unanimous. Documents 3-25-2020 Meeting Materials, Response to EO, J. Dick 07-19-20 242-1719 Massachusetts Avenue @ Chickering Road (MassDOT)  The Administrator states an EO was issued for dewatering issues at the site. The retaining wall construction required dewatering to install footings and the first couple courses. A temporary basin was constructed but after a couple of the intense rain storms, the basin overtopped. An EO was issued requiring frac tanks to be brought to site. An altered dewatering plan was discussed with a series of cells and check dams in the wall trench and using frac tanks when the cells are overwhelmed preventing discharge into the stream. The contractor has compiled with the decommissioning and filling of the previous sedimentation basin. There are two areas of regular stormwater flow that enter the system. One area receives over-road flow at Fernview Avenue entrance and the second is an existing drainage pipe discharging at the corner of Mass Avenue and Chickering Road. MassDOT proposed to install a stone trench at the Fernview end to slow the velocity at the input and a stone check dam was created at the pipe discharge at Mass Avenue and Chickering Road.  Amy Lynch, MassDOT states the retaining wall work restarted today. She believes one more day of dewatering is needed since the remainder of the wall construction is above groundwater level.  James Vayanos, MassDOT states most of the excavation has been completed; he does not believe any further deep excavation is required.  Mr. Lynch states he stopped by at the site and finds the proposed dewatering methods reasonable.  The Administrator recommends ratifying the EO to maintain the requirement of frac tanks and allow the modified dewatering methods proposed. She states that an Erosion Control Monitor must be on site during dewatering.  A motion to ratify the Enforcement Order is made by Mr. Lynch, seconded by Mr. McDonough.  Vote 4-0, Unanimous. Documents Enforcement Order 07 14 20 General/New/Old Business 300 Abbott Street, Sargent School (North Andover DPW)  Mr. Lynch would like to know if it is possible to install the infiltrators in a different location.  Stephen Foster, Facilities Director states in order to achieve infiltration they would have to pump the stormwater. They propose to install the appropriate number of inspection ports, drainage manholes, outlet sumps with hoods and roof screens.  The Administrator states the two test pits performed were up-gradient of the existing infiltration pipe.  Mr. Foster states the outlet invert of the easterly test pit would be approximately 1-foot above the water table. The outlet invert of the westerly infiltrator pipe is in the wetlands. They are proposing to install stormtech chambers with cultech trenches.  Mr. Lynch states it is important they install the replacement system as far upgradient from the existing system as possible. He would like a sketch depicting the location of the replacement system once it is completed.  The Commission discusses the request and agrees the replacement system is to be installed as far upgradient from the existing system as possible. They require the installation of the appropriate number of inspection ports, drainage manholes, outlet sumps with hoods and roof screens. A sketch depicting the location of the replacement system is required once installation is completed  A motion to amend the Enforcement Order as proposed is made by Mr. Lynch, seconded by Mrs. Feltovic. Conservation Commission Minutes 22-70-2020 Page 8 of 8 Approved 8/12/2020  Vote 4-0, Unanimous. Documents 6-24-2020 Meeting Materials, 20200708_131154, 20200708_132302, July 1, 2020 Test Pit Report Decision 242-1789, 35 Hawthorne Place (Fresen)  The Administrator reviews the drafted Order of Conditions with the Commission.  The pool infiltration system is required to be a cartridge system. The bond will be set in the amount of $1,500.00. Wetland markers are required on mature trees to mark the 25-foot NDZ. Winter drawdown is to be undertaken one week after any treatment, over land on lawn.  A motion to approve the Order of Conditions as drafted is made by Mr. Lynch, seconded by Mrs. Feltovic.  Vote 4-0, Unanimous. MACC Annual Dues  The Administrator states the membership for the Commission is $777.00; additional membership per is $60 per staff member for a total of $897.00. The cost of the on-line e-handbook is $15.00 for a subscription. The Administrator feels it would be beneficial for the office to have a subscription.  A motion to approve the MACC annual dues is made by Mr. McDonough, seconded by Mr. Lynch.  Vote 4-0, Unanimous. Master Plan Implementation Committee  The Administrator states the Board of Selectmen is looking for a member of the Conservation Commission to join the Master Plan Implementation Committee.  A motion to nominate Mr. Napoli to sit on the committee is made by Mr. Manzi, seconded by Mr. McDonough.  Vote 4-0, Unanimous. Signature Authorization - Permits Issued at the 7/22/2020 Meeting  The Administrator states a vote needs to be taken authorizing her to sign decisions, permits and forms on behalf of the Commission for the following; o OOC Extension for 146 Main Street, Minor Modification for 1210 Osgood Street, 137 Andover Street & 0 Chickering Road, 456 Summer Street, 800 Massachusetts Avenue, Determination of Applicability for 206 Olympic Lane, Enforcement Order for 190 Farnum Street, Massachusetts Avenue @ Chickering Road, 300 Abbott Street and Order of Conditions for 35 Hawthorne Place.  A motion to allow the Administrator to sign the permits as proposed is made by Mr. Manzi, seconded by Mr. McDonough.  Vote 4-0, Unanimous. Adjournment  A motion to adjourn at 9:32 p.m. is made by Mr. McDonough, seconded by Mrs. Feltovic.  Vote 4-0 Unanimous.