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HomeMy WebLinkAbout2021-06-23 Conservation Commission Minutes Page 1 of 7 Approved 8/11/2021 North Andover Conservation Commission Meeting Minutes June 23, 2021 Members Present: Anthony Capachietti, Sean F. McDonough, Albert P. Manzi, Jr., Vice Chairman, Louis A. Napoli, Chairman, John T. Mabon and Joseph W. Lynch Members Absent: none Staff Members Present: Amy Maxner, Conservation Administrator Meeting came to Order at: 7:04 p.m. Quorum Present. Pledge of Allegiance Acceptance of Minutes The minutes for the May 26, 2021 & June 9, 2021 meetings are not ready for review. Enforcement Order/Violation 242-1766, 1600 Osgood Street (Hillwood Enterprises, LP) The Administrator states the site is visited by the Erosion Control Monitor on Fridays or after significant storms. The Field Inspector accompanies him every other Friday. There were some areas along the erosion control line that were trouble spots. A blowout occurred on June 3rd; some items were not addressed in time before enforcement action was taken; he walked the entire erosion control line on June 14th and made recommendations. On June 15th the site was reviewed by Chairman Napoli. An Enforcement Letter was issued requiring immediate actions to address some of the failures as well as proactive measures. A site visit was conducted today by the Field Inspector, he reported an overall improvement in conditions. Calculations were requested for the sediment basin that was developed through the project. Mr. Lynch states the storm event was an early warning opportunity. Three principal areas and one smaller area were compromised, all are manageable. The storm event exceeded a typical rainfall event (2-inch). He believes the contractor did a good job minimizing the impacts and trying to prevent them in the future. Three major phases are happening simultaneously. He believes there needs to be a better dialogue at looking how they can make sure the construction BMPs stay in place and work as subsequent phases begin. The RCA pile is well contained, managed and nothing is emanating from the area. He questions how they will control erosion and siltation once the retaining wall and fill goes in where the detention ponds currently exist. The major breakout was a result of something that occurred approximately 600-feet from the wetland, making it jurisdictional. Mr. Napoli states when there are issues, they must be addressed immediately, and staff must be notified. important to keep the process in place to keep things under control. Mr. Lynch states there was one wetland impact, the rest was Buffer Zone. The impact was in a flat low meadow area. He believes this should be mowed in the dry season, cleaned out, reseeded and left alone. Mr. Manzi & Mr. Capachietti expresses concerns with the response time and requests the timeline on reporting to resolution be tightened up. Mr. McDonough states based on the information he believes the applicant is prioritizing the Order and wetlands. He feels reporting should happen quickly. The Administrator states they have lots of erosion control sock onsite, Commissioner Lynch recommended it be moved closer to the trouble spots. Mr. Lynch states the breakout would have happened no matter how many hay bales were in place, which is why it needs to be analyzed. 2021-06-23 Conservation Commission Minutes Page 2 of 7 Approved 8/11/2021 Mark White, D.W. White Construction agrees the response time was unacceptable. He offers his apologies to the Commission and states they will do a better job. The site is fluid and phases run together. He believes they have addressed the long term issue with the solar field. They are almost done with the asbestos issues on site and have a substantial series of ponds in place. The ponds will be shifted back on the site as the retaining wall is built. It would be difficult to provide calculations since they are constantly changing. Mr. Lynch provides guidance to the contractor on what the NACC expects, once a week revisitation is required. Mr. White states during the cleanup process they found rip-rap. This appears to be a channel that extends approximately 60-feet along the western perimeter to the brook. They are proposing to clean out to the rip- rap. Mr. Lynch provides some background on the area and directs the contractor to do the clean out when it's dry. Documents # 242-1766, 1600 Osgood St, Amazon 06-16-21 Enforcement Letter Final, 1600 Osgood- EC Trouble Spots 1806 Salem Street EO Update/Fines The Administrator provides background on the Enforcement Order for the expansion of an unpermitted driveway. The asphalt for the expansion was never placed, all work was ceased, and the disturbed area restored. The homeowner secured the services of Andover Consultants. The homeowner's attorney submitted a letter requesting the NACC to consider several options. The Administrator reviews these options with the Commission. The wetlands were delineated, and an Existing Conditions Plan was received. The plan reflects what existed when the house was purchased by the current homeowner. A site visit was conducted, and the Administrator agrees with the delineation. The area of disturbance has started to revegetate. Aerial photography was reviewed, the existing asphalt driveway was installed between 2012-2014. Scott Diamond, the homeowner and his attorney are present. Mr. Diamond requests to add additional topsoil to return the area to pre-construction conditions. Mr. McDonough would like to know if there is any part of the lawn in the 25-foot NDZ that is being maintained. The Administrator states they are maintaining the lawn up to the stonewall. The Commission discusses the EO and fines and agrees that the existing driveway may remain as it was when Mr. Diamond purchased the house. Due to the good faith actions shown by the homeowner they agree to issue a nominal ($330) fine with the Existing Conditions Plan as the record drawing. The import of loam and seed will be allowed in the depressed areas. Restoration must be completed no later than September 30, 2021. If payment of the fine and the restoration is not complied with, an additional retroactive fine of $25 per day beginning on June 23, 2021 shall be assessed and continued for every day beyond September 30th. The homeowner is directed to communicate with staff and let them know if they will be unable to meet the deadline. A motion to amend the Enforcement Order is made by Mr. Manzi, seconded by Mr. Mabon. Vote 6-0, Unanimous. Documents 1806 Salem - Letter, Baron Law re Fines, 1806 Salem Street - Email Correspondence 06 22 21, 1806 Salem Street Amended Enforcement Order 04 20 21, Salem Street_Existing Conditions Plan Notice of Intent (NOI) 242-1787, 135 North Ramp Road (DeRosa) The Administrator states the applicant has requested a continuance. A motion to continue to July 28, 2021 is made by Mr. McDonough, seconded by Mr. Lynch. Vote 6-0, Unanimous. Documents Email from m_miller@lawrencemunicipalairport.com requesting a continuance until 7/28/21 242-1817, Osgood Street (Rt. 125) at Osgood Landing (HIP Transaction Services, LLC) 2021-06-23 Conservation Commission Minutes Page 3 of 7 Approved 8/11/2021 The Administrator provides a brief status update, the applicant has requested a continuance. A motion to continue to July 14, 2021 is made by Mr. McDonough, seconded by Mr. Mabon. Vote 6-0, Unanimous. Documents Email from jperry@langan.com requesting a continuance until 7/14/21 242-1810, Osgood Pond Dam (Sutton Pond Condominium Trust) The Administrator states she requested a continuance with no objection from the applicant. A motion to continue to July 14, 2021 is made by Mr. Mabon, seconded by Mr. McDonough. Vote 6-0, Unanimous. Documents n/a 242-xxxx, 217 Gray Street (Miller) The Administrator states a continuance will be required due to the lack of a DEP file number. A motion to continue to July 14, 2021 is made by Mr. McDonough, seconded by Mr. Manzi. Vote 6-0, Unanimous. Documents n/a 242-1818, Great Pond Road, Bank Stabilization (North Andover DPW) The Administrator states the proposal is for bank stabilization along Lake Cochichewick and the shoulder of Great Pond Road. There are two main areas of concern. Area 1 is located across the street from house #1665 and #1725 Great Pond Road. This section is approximately 300-linear feet and includes at least 2 severe aeras where the roadway is undermined. This stretch includes an existing failing cobble headwall that has a 12-inch RCP outfall which falls into the lake. Area 2 is located across the street from house #1785 Great Pond Road. This area includes approximately 20-linear feet of erosion. The proposed remedies for Area 1 consist of driving sheet piling approximately 30-feet deep along the Great Pond Road shoulder to stabilize the roadway embankment. The sheet pile will be 3-4 feet from the edge of the pavement, with 12-inch of processed gravel in between, and installation of a new guardrail. The failing cobble headwall will be replaced with new precast concrete headwall, new 12-inch RCP and manhole in Great Pond Road. Dewatering will be required for work on the headwall. The proposed remedies for Area 2 consist of placing boulders at the toe of the bank and angular rip-rap to stabilize on the bare slope. The work will occur within the bank (44-linear feet), and BLSF (2937-square feet). There are no fringe BVW impacts listed. Borings were completed, based on the borings the project engineer has a good level of confidence that they will not encounter subsurface boulders or obstructions. They have claimed Limited Project Status for the maintenance and improvement of existing public roadway. Erosion controls consist of a combination of mulch sock, silt fence and turbidity curtain. The Administrator reviews the alternatives analysis with the Commission. The applicant is trying to retain as much of the vegetation as possible with the sheet piling option. Mr. Lynch would like to know if the sheet piling will cause impacts to the opposite side of the street if the sheet piling compromises the drainage. Are there concerns with increased velocities due to the intercepted water, will the outfall require stabilization. Rob Rafferty, Environmental Partners states there are two gaps in the wall, one at the outfall and one near some mature trees, to avoid cutting the roots. There is a surface swale on the other side of the road with catch basins which lead to the outfall. They are proposing work from the manhole to the headwall, heavy rip-rap will be used for the headwall. Mr. Napoli questions whether the project requires a third-party peer review. He requests the estimated cost of the project so the NACC can determine the bond amount. Mr. Lynch does not believe it would be necessary since they are reconstructing what is already there. Mr. McDonough questions if the sheet piling will have any effect on the lake. 2021-06-23 Conservation Commission Minutes Page 4 of 7 Approved 8/11/2021 Mr. Rafferty states the sheet piling will go on the lakeside of the guardrail. The distance between the sheet piling to the lake varies from almost 0 to 3-4-feet due to the embankment. The distance between the sheet piling to the guardrail post is approximately ½-foot. The guardrail post will need to be pushed out to get the distance between it and the fog line. Shoulder widening will occur where the guardrail post is no longer in the ground. The sheet piling will be cut at ground level. Mr. Capachietti expresses concern with possible impacts the sheet piling may have on the root zone of the trees and the possibility that frost heaves could develop if they block the water that flows through the subgrade. Mr. Rafferty states the sheet piling will be approximately 10-feet from the road to the lake when the shoreline is exposed, 30-feet tall and 20-feet embedded. The water will need to go through the two gap locations provided and around the edges. He offers to share a copy of the geotechnical report which was part of the design. Paula By, 1665 Great Pond Road expresses concerns with puddling at the end of the driveway and preservation of the lakebed. She would like to know if any studies have been done regarding traffic and weight limits. Mr. Lynch states Great Pond Road is a state number route under local jurisdiction and weight limitations is an arduous undertaking. Mr. Rafferty states the catch basins on that side are depressed into the swale which causes them to clog. The Commission agrees additional information regarding the groundwater and stormwater impacts are required before the project can be approved. Mr. Capachietti would like to know if they plan to video inspect the sewer lines before and after and if it's possible for the drain manhole to be changed to a storm scepter. Mr. Rafferty states they spoke with the sewer lines, provisions will be in place in case something happens. They propose to do the minimum amount of work possible and will consider changing the manhole if it needs to be replaced. A motion to continue to July 14, 2021 is made by Mr. Lynch, seconded by Mr. Manzi. Vote 6-0, Unanimous. Documents GPR - Roadway, Lake Shore Photos Summer 2020, 20210610134302205, C-3, GPR - Roadway, Bank Stabilization - Plan Set, NHESP - No Take Review Letter, NOI_Package_GreatPondRdStabilization_NAndover_06.10.2021 Modification 242-1764, Chickering Road/Andover Street (TTOR) The Administrator states the infiltration basin originally proposed has been built but is not infiltrating. The applicant has engaged a new engineer and is seeking to convert the infiltration basin to a detention basin. The proposed work will be within the same footprint. They are proposing to install a sediment forebay, raise the berm height around the perimeter to elevation 209, reestablished the basin bottom at 206.1 and install a 4-inch orifice at the face of the outlet structure to prevent long periods of standing water. An emergency spillway has been proposed on the westerly side of the basin. A rip-rap lined swale and level spreader will be installed off of the existing rip-rap outlet, directing water to the west toward the wetland, avoiding Old Village Lane. All work will remain outside the 25-foot NDZ. An updated O&M Plan has been provided for the new features. Mr. Lynch states he visited the site and the water from the outfall encounters micro grading and the water is finding its way over to Old Village Lane. The new proposal obligates the applicant to meet the commitment of the abutter concerns to get the water to the Rt. 125 drainage. James Borrebach with OHI Engineering states the orifice is proposed to allow the basin to dry, no water will be retained/held in the basin. Some grading has been proposed in the bottom of the basin to provide additional storage volume. The drainage calculations were rerun using the inputs from the initial peer reviewed calculations assuming no infiltration, the post development flows remain below existing. Mr. Mabon questions if a third party review is required since they are redesigning part of the project. Mr. Lynch states the peer reviewed analysis supports the work proposed in the modification. 2021-06-23 Conservation Commission Minutes Page 5 of 7 Approved 8/11/2021 Mr. Borrebach states the only change made to the peer review analysis is to eliminate infiltration and the addition of the 4-inch orifice. The original proposal did not include an emergency spillway or sediment forebay. The sediment forebay was proposed to meet the Mass stormwater handbook TSS removal requirements. The Commission discusses the proposal. 8:43p.m., Mr. Lynch leaves the meeting. Mr. Capachietti confirms that the spillway is not operational in the 100-year storm. He questions whether Rt. 125 is a state layout, if so, they will need to deal with the state for the catch basin. Mr. Borrebach states the catch basin is located on TTOR property. A motion to approve the Modification as proposed is made by Mr. McDonough, seconded by Mr. Manzi. Vote 5-0, Unanimous. Documents MassDEP #242-1764 Minor Change Request 6-11-2021, Stevens Coolidge Updated Stormwater Operations and Maintenance Plan 6-21 General/New/Old Business Weir Hill Bog Bridge Eagle Scout Project (Guggenberger) William Guggenberger, Eagle Scout Troop #81 presents a proposal for the bog bridge replacement at Weir Hill. The bog bridge is located on a cross trail between the Stevens Trail and Weir Hill Trail. The bridge is contained within a previous/open NOI related to canopy thinning. He describes the existing bridge and some issues with the bridge. They propose to remove the existing timbers, repair the sills as needed, install new hemlock timber stringers and a pressure treated kick rail. The kick rail will prevent tires from sliding off the bridge while crossing or a crown from forming when it snows. The old materials will be carried to a drop-off site by hand/cart, the timbers will be cut to length off site and delivered by truck to the drop-off site. He will work closely with Jeremy Dick, TTOR to follow the best practices of working in conservation jurisdiction. Scouts from Troop #81 will assist in the project led by Mr. Guggenberger. The Commission discusses the proposal and agrees this is a well thought out project that promotes trail usage which is important for the NACC. A motion to issue a Friendly Enforcement Order for the replacement of the bog bridge is made by Mr. Manzi, seconded by Mr. Mabon. Vote 5-0, Unanimous. Documents 2021-06-23 Will Guggenberger Eagle Project ConCom Meeting v1, Eagle Scout Project Plan Attachment v1, Town of North Andover Mail - Weir Hill Bog Bridge Replacement at cross slop trail, Will Guggenberger - Eagle Project Workbook ver3 Amendment 242-1692, 1210 Osgood Street (Princeton Development & Forgetta Development) The Administrator states she requested a continuance with no objection from the applicant. A motion to continue to July 14, 2021 is made by Mr. Manzi, seconded by Mr. McDonough. Vote 5-0, Unanimous. Documents n/a Certificate of Compliance 242-1665, 415 Boxford Street (Young) The Administrator states she requested a continuance with no objection from the applicant. A motion to continue to July 14, 2021 is made by Mr. Manzi, seconded by Mr. McDonough. Vote 5-0, Unanimous. Documents n/a 2021-06-23 Conservation Commission Minutes Page 6 of 7 Approved 8/11/2021 Request for Determination of Applicability 415 Boxford Street (Young) The Administrator states she requested a continuance with no objection from the applicant. A motion to continue to July 14, 2021 is made by Mr. Manzi, seconded by Mr. Capachietti. Vote 5-0, Unanimous. Documents n/a Small Project NACC# 276, 680 Great Pond Road (Vikara) The Administrator states the proposal is for the connection of a 70-foot gas line by Eversource from Great Pond Road by way of open trench method. Erosion controls have been proposed off of the corner of the house to the street between the trench and the wetland. Per field measurements the work is over 80-feet from the wetland in the existing lawn. The Administrator recommends approval of the project under Category "L" with conditions (pre and post construction inspections and excavated materials to be removed from site). A motion to approve this as a Small McDonough, seconded by Mr. Manzi. Vote 5-0, Unanimous. Documents Application_Vikara, EAD Map - 680 Great Pond Rd NorthAndover, Project Narrative NACC #277, 415 Rea Street (Orlansky) The Administrator states the proposal is for converting an area of mulch along the field stonewall to lawn. The stonewall is located just inside the 50-foot NBZ. The Administrator recommends approval of the project under Category "L" with conditions (removal of mulch sock, seed to be covered by weed free straw and pictures to be provided once grass is growing). McDonough, seconded by Mr. Manzi. Vote 5-0, Unanimous. Documents 415 Rea Street Conservation Letter - Mulch Area, Mulch Area Plans, Small Project Application Checklist NACC #278, 20 Anvil Circle (Amin) The Administrator states the proposal is for reconstructing two existing retaining walls. The first section along the east side of the driveway is approximately 20-feet long, 3-4- feet height. The wall is starting to bow out, fines are escaping, rodents are tunneling, and smaller rocks are falling onto the driveway. The wall is approximately 84-feet from the wetland. The second section along the rear left side of the house is approximately 12-feet and is in similar condition to the driveway wall. The wall is approximately 67-feet from the wetland. They are proposing to disassemble the walls and rebuild in the exact same footprint and height with a block style wall. The work will be done manually, and they will operate wheelbarrows to and from the work areas to a dump truck parked in the cul-de-sac. Unwanted materials will be immediately loaded into dump trucks. The homeowner was adamant about not allowing any heavy machinery onto the driveway to avoid damage. The Administrator recommends approval of the project under Category "L" with conditions (pre and post construction inspections and unwanted materials to be removed from site). 9:04p.m., Mr. Napoli leaves the meeting. 9:07p.m., Mr. Napoli rejoins the meeting. McDonough, seconded by Mr. Manzi. Vote 5-0, Unanimous. Documents Small Project Application 20 Anvil Circle 2021-06-23 Conservation Commission Minutes Page 7 of 7 Approved 8/11/2021 Decisions 242-1811, 1600 Osgood Street (Rt. 125) Pump Station & Sewer Extension (North Andover DPW) The Administrator reviews the drafted Order of Conditions. The Commission discusses Condition #35, which has been reviewed by both parties. The bond will be set in the amount of $50,000. Additional language will be added to Condition #65. A motion to adopt the Order of Conditions as drafted and amended is made by Mr. Manzi, seconded by Mr. McDonough. Vote 5-0, Unanimous. 242-1813, 221 Webster Woods Lane (Ghandchi) The Administrator reviews the drafted Order of Conditions. The 75-foot NBZ is required to be instrument surveyed and marked in the field prior to the start of work. The bond will be set in the amount of $2,000. A motion to adopt the Order of Conditions as drafted and amended is made by Mr. McDonough, seconded by Mr. Mabon. Vote 5-0, Unanimous. 242-1815, 59 Appleton Street (Duncan) The Administrator reviews the drafted Order of Conditions. The Commission discusses the bond which will be set in the amount of $3,000. A motion to adopt the Order of Conditions as drafted and amended is made by Mr. Manzi, seconded by Mr. McDonough. Vote 5-0, Unanimous. Adjournment A motion to adjourn at 9:24 p.m. is made by Mr. Manzi, seconded by Mr. McDonough. Vote 5-0 Unanimous. 2021-06-23 Conservation Commission Minutes