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Home My WebLink About2021-07-14 Conservation Commission Minutes Page 1 of 7 Approved 8/11/2021 North Andover Conservation Commission Meeting Minutes July 14, 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, Taylor Andrews, Field Inspector Meeting came to Order at: 7:01 p.m. Quorum Present. Pledge of Allegiance Acceptance of Minutes A motion to accept the minutes of June 9, 2021 is made by Mr. Lynch, seconded by Mr. Manzi. Vote 5-0, Unanimous. A motion to accept the minutes of May 26, 2021 is made by Mr. Mabon, seconded by Mr. Manzi. Vote 5-0, Unanimous. Notice of Intent (NOI) 242-1816, 325 Johnson Street (Sparks) The Administrator states the applicant has requested a continuance. A motion to continue to August 11, 2021 is made by Mr. Manzi, seconded by Mr. Lynch. Vote 5-0, Unanimous. Documents Email from jacksull53@comcast.net requesting a continuance until 7/28/21 242-1810, Osgood Pond Dam (Sutton Pond Condominium Trust) The Administrator states the applicant has requested a continuance. A motion to continue to July 28, 2021 is made by Mr. Manzi, seconded by Mr. Lynch. Vote 5-0, Unanimous. Documents Email from ltiv@gpr-inc.com requesting a continuance until 7/28/21 242-1818, Great Pond Road, Bank Stabilization (North Andover DPW) The Administrator states the applicant has requested a continuance. A motion to continue to July 28, 2021 is made by Mr. Manzi, seconded by Mr. Lynch. Vote 5-0, Unanimous. Documents Email from rjp@envpartners.com requesting a continuance until 7/28/21 242-1821, 292 Candlestick Road (Billings) The Administrator states the applicant has requested a continuance. A motion to continue to July 28, 2021 is made by Mr. Manzi, seconded by Mr. Lynch. Vote 5-0, Unanimous. Documents Email from takerley@wsengineers.com requesting a continuance until 7/28/21 242-1814, 3 Great Pond Road (Finbury) The Administrator provides background on the proposal. The Planning Board has closed and approved the project. She reviews the activities within the Buffer Zone to BVW and bank of brook. The Commission 2021-07-14 Conservation Commission Minutes Page 2 of 7 Approved 8/11/2021 required that test pits be performed for the infiltration chamber. The analysis found the Estimated Seasonal -feet below grade and the ESHGW for Test Hole #2 at 9-feet below grade. The stone bottom of the subsurface infiltration system will be at least or greater than 4- feet above ESHGW. Per the soil test data, infiltration rates are approximated at 4 times greater than the originally assumed rate of .27-inches per hour. The system requires the excavation of the existing C Layer at elevation 84 and backfill with appropriate permeable soil. An updated alternatives analysis states that placing the chambers beneath the new parking lot could create the potential for exfiltrated stormwater to be intercepted by the stone foundation of the retaining wall, decreasing the retaining wall lifespan and circumvent the intended groundwater recharge. The stormwater infiltration basin system will receive a catch basin outlet, surrounded by 3-feet of 4-inch minus rip rap for scour protection. A plan has been provided to reconfigure the chambers to pull them further away from the edge of the 25-foot NDZ. 7:09 p.m. Mr. McDonough enters the meeting room. Mr. Mabon would like to know if it is possible to bury the infiltrator deeper below the bottom of the wall. He expresses concern that the infiltrator is inside the 50-foot NBZ. Elizabeth Wallis, Hayes Engineering, Inc. putting it deeper would make it difficult for the water to exfiltrate. She believes the proposed location is the best option. Mr. Manzi states that whatever soil is proposed to be brought into the site will require pre-approval, certificate of authenticity and a location of where it came from to be presented to staff prior to delivery of the soil. Mr. Napoli would like more of a pitch on the infiltration pipe, if possible. Mr. McDonough would like to know what the justification is for the waiver requested for the parking area and if any barriers have been proposed to mark 25-foot NDZ. Ms. Wallis states the parking lot was proposed in this location to allow for parking expansion, safety concerns and stormwater BMPs installation. The wetland is off the property, no barriers have been proposed. The Administrator states the applicant did seek relief from the ZBA for a reduction in parking spaces and reuse of existing driveways however the ZBA had safety concerns which resulted in the current configuration. The Commission discusses the proposal and agrees additional information is required regarding snow management, Snow storage, construction access and stockpile location. An O&M manual/BMP map is required for layperson/new owner consumption. Construction sequence will be conditioned as a pre- construction requirement. The Administrator suggests that a construction sequence be added to the narrative. A motion to continue to July 28 is made by Mr. Manzi, seconded by Mr. Lynch. Vote 5-0, Unanimous, Recused: Mr. Capachietti. Documents 5-26-2021 Meeting Materials, 6-09-2021 Meeting Materials, NOA3GreatPndConComTestHoles, NOA3GreatPndPlanRev7-14-21, NOAGreatPndSitePlanRevsd6-19-21 242-1817, Osgood Street (Rt. 125) at Osgood Landing (HIP Transaction Services, LLC) The Administrator provides background on the proposal. The Commission requested the applicant coordinate with the town relative to its sewer improvement project to ensure that responsibilities are understood and how the projects intersect. A condition was crafted that provides for pre-construction coordination, this condition was used in the OOC for the sewer project and will be used in the Order for the proposed project. MassDOT asked that the proposed hydrodynamic separator near Wetland series 13 be replaced with the deep sump catch basin and expressed its comfort with maintaining the systems. Per John Perry, Langan Engineering and Environmental Services Inc. confirms replacing the hydrodynamic separator with a catch basin does not significantly impact TSS removal or drainage calculation. Plans overlaying both projects have been provided. Mr. Lynch questions the reasoning for MassDOT to replace the hydrodynamic separator with a catch basin. The project engineer states MassDOT was reluctant to maintain the hydrodynamic separator. The increase of TSS removal is minimal (less than approximately 0.5%). The overall project reduces the impervious area by 10,000-s.f. Mike Howard, Epsilon Associates, Inc. is present for questions. 2021-07-14 Conservation Commission Minutes Page 3 of 7 Approved 8/11/2021 Mr. Manzi expresses concerns with allowing MassDOT to replace the hydrodynamic separator with a catch basin. The Commission discusses replacing the hydrodynamic separator with a catch basin. A motion to grant the waiver for the proximity of retaining wall as described and shown is made by Mr. Lynch, seconded by Mr. Mabon. Vote 6-0, Unanimous. A motion to close and issue in 21 days is made by Mr. Lynch, seconded by Mr. Manzi. Vote 6-0, Unanimous. Documents 6-09-2021 Meeting Materials, Coordinated Conditions, Osgood Street-Drainage Revisions Memo-2021-07- 07 242-1821, 217 Gray Street (Miller) The Administrator provides background on the proposal. The Commission requested the plan be revised to depict construction access and stockpile location and remove the garage. A DEP number has been assigned. A section of the wetland is currently being maintained as a lawn area between WF A10 through A14, this activity will need to cease under the Order and allowed to grow back. Wetland markers will be required at the 25-foot NDZ. No waivers have been requested. The Administrator would like to know if the applicant gets ZBA approval and decides to move forward with the garage, will this change require a Modification or an Amendment. Work for the garage is outside of the 50-foot NBZ. The Commission discusses the location for the proposed garage and agrees this change would require a Modification to the Order. Mr. McDonough questions if some type of barrier should be proposed to mark the 25-foot NDZ. Matt Murphy, M.P. Murphy Builders states at the request of the NACC a note was added to the plan that maintenance of the flagged wetland will cease and be allowed to be returned to its natural condition. The Commission discusses the 25-foot NDZ and mowing of the wetland and agrees to allow the applicant to propose a reduced 25-foot NDZ. 7:57 p.m. The discussion is tabled to allow the applicant to propose a reduced 25-foot NDZ. 8:08 p.m. The discussion resumes. Mr. Miller provides an annotated plan depicting the approximate location of the reduced 12.5-foot NDZ. A motion to close and issue in 21 days is made by Mr. Lynch, seconded by Mr. Manzi. Vote 6-0, Unanimous. Documents 6-09-2021 Meeting Materials, 6-23-2021 Meeting Materials 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 28, 2021 is made by Mr. Lynch, seconded by Mr. Manzi. Vote 6-0, Unanimous. Documents n/a 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 28, 2021 is made by Mr. McDonough, seconded by Mr. Lynch. Vote 6-0, Unanimous. Documents n/a 25 Cranberry Lane (Takesian) 2021-07-14 Conservation Commission Minutes Page 4 of 7 Approved 8/11/2021 The Administrator states the proposal is for the rehabilitation of historic lawn and the replacement of broken irrigation lines. Work occurred within the 50-foot NBZ and 25-foot NDZ. Erosion controls have been installed as directed. The disturbed areas have been returned to seeded conditions and stabilized with straw. A site visit was conducted, the site is stable, and the seed is growing. The Administrator provides history on a previous tree removal issued in February 2018. She recommends issuing a Negative Determination #3 requiring follow up on growth of seeded lawn and installation of wetland markers. Paul Takesian, the homeowner states the repairs were directly related to issues experienced due to the authorized tree removal. The Field Inspector states he does not believe the wetland has been negatively impacted. The Commission discusses the violation and agrees the wetland markers will be installed at the direction of staff. A motion to issue a Negative Determination #3 with conditions (follow up on growth of seeded lawn, markers to be installed at the direction of staff and pre and post construction inspections) is made by Mr. Manzi, seconded by Mr. Lynch. Vote 6-0, Unanimous. Documents 20210713_094956, 20210713_095018, Cranberry Lane 25 Violation Letter 6-14-21, RDA Application with Supporting Materials 06 29 21, RDA Plan 06 29 21 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 28, 2021 is made by Mr. Manzi, seconded by Mr. Lynch. Vote 6-0, Unanimous. Documents n/a 242-1738, 332 Hillside Road (Calderazzo) The Administrator provides background on the Order issued in July of 2018. Two minor administratively approved changes were made to the plan. Native shrubs were planted and monitored for 1 year. Wetland markers were installed as required. A site visit was conducted, the site is stable and in compliance. Peter Calderazzo, the homeowner, is present. A motion to issue a full and final Certificate of Compliance is made by Mr. Manzi, seconded by Mr. Mabon. Vote 6-0, Unanimous. Documents June 2018 Site Plan, approved, request_COC 060421 w attachments 242-1759, 338 Blue Ridge Road (Verminski) The Administrator provides background on the Order issued in July of 2019. The As-built plan shows the retaining wall 4-feet closer to the wetland than what was approved. The area between the patio and the face of the retaining wall is a wider area of stone which acts as an infiltration area. Historic yard waste was removed prior to the start of work. Wetland markers were installed as required. A site visit was conducted, and the site is stable. Meera Cousens, Civil Design Consultants, Inc. is present. Mr. Lynch states although the retaining wall is closer than approved, he believes this to be an improvement due to the infiltration provided. Mr. Mabon confirms the Order allowed the construction of the retaining wall within the 50-foot NBZ. The Administrator states the Order allowed for construction of the retaining wall within the 50-foot NBZ. A chain link fence and wetland markers were installed at the edge of the 25-foot NDZ. A motion to issue a full and final Certificate of Compliance is made by Mr. Lynch, seconded by Mr. Manzi. Vote 6-0, Unanimous. 2021-07-14 Conservation Commission Minutes Page 5 of 7 Approved 8/11/2021 Documents 19-10168_COC_062921, 20210713_152110, 20210713_152110, Approved Mod Site Plan 11 18 19 Small Project NACC #279, 60 Campbell Road (Heider) The Administrator states the proposal is for a sewer line connection required by the Town of North Andover. They are proposing to install the sewer line on the right side of the house. Work will consist of a 2 ½-foot trench with crushed stone around the pipe. All excavated trench soils will be backfilled before the end of each day. Once all work has been completed, the disturbed area will be returned to their previous condition. All work will take place outside of the 50-foot NBZ. Per measurements taken by the Field Inspector trenching to connect the sewer line to the home will occur approximately 80-feet at its closest point and trenching to connect to the sewer line on Campbell Road will be approximately 50-feet at its closest point. The Administrator recommends approval of the project under Category "D" with conditions (erosion controls and pre and post construction inspections). A motion to accept this Vote 6-0, Unanimous. A motion to approve the Small Project as recommended is made by Mr. Manzi, seconded by Mr. Lynch. Vote 6-0, Unanimous. Documents Small Project Application with Supporting Materials, Town Sewer Connection Letter - Aug. 1999 Enforcement Order/Violation 268 Raleigh Tavern Lane (Atallah) The Administrator states she requested a continuance with no objection from the applicant. A motion to continue to July 28, 2021 is made by Mr. Manzi, seconded by Mr. Lynch. Vote 5-0, Unanimous, Recused: Mr. Mabon. Documents n/a 40 Flagship Drive (DWT Holdings, LLC) The Administrator states the site is a vacant lot permitted by the Planning Board through a Site Plan Review Special Permit in September 2020 for the construction of a 15,000 s.f. single story building, parking, construction laydown area. The Planning Board required an erosion control monitor. Work stopped for the month of February and resumed after. The site is located approximately 450-feet from the downstream wetlands that receive catch basin runoff from the street. The site is currently under active construction and completely denuded of vegetation. The perimeter erosion controls have been overwhelmed and the temporary sediment basin has been bypassed and is at capacity. An Enforcement Order was issued requiring work to cease, enhancement of erosion controls, installation of new silt sacks and installing new ones where needed. Norse Environmental has been retained to evaluate the impact to the wetlands and propose clean up and mitigation. The wetland consultant has visited the site and wetland and would like to see things dry out more. Due to the lack of capacity the Administrator required (via email) frac tanks be brought on site. Mr. Lynch states the entire site is now jurisdictional due to the downstream impact. He would like to know how many acres of disturbed area the site consists of and whether a NPDES Permit has been filed. William Linskey, DWT Holdings, LLC states there is approximately 3-acres of disturbed area, a NPDES Permit has been filed. Mr. Lynch would like to know if the violation has been reported to the NPDES agent responsible for the stormwater control of the site. Mr. Linksey states he understands the seriousness of the violation, he is unsure if it has been reported. A full Site Plan is available for the project permitted by the Planning Board. 2021-07-14 Conservation Commission Minutes Page 6 of 7 Approved 8/11/2021 The Administrator states the Planning Director and Planning Board were made aware of a similar issue that occurred on this site in the 1990s. Mr. Manzi expresses concerns that there was a record of deficiency on the site that was ignored on the Town level. 8:45p.m. Mr. Napoli leaves the meeting. 8:48p.m. Mr. Napoli rejoins the meeting. The Commission discusses the violation and agrees engineering and stormwater management is needed, requiring a Notice of Intent. An Enforcement Order will be issued requiring the property owner to address erosion control failures, engage the services of a qualified stormwater engineering firm to evaluate the site and develop a phased construction control plan. A letter from a professional engineer to provide immediate emergency direction. Create capacity at the top of the hill and contact the North Andover DPW regarding BMPs within the roadway. Continue working with the wetland consultant to restore the wetland under the direction of the Administrator and submit an NOI no later than August 11, 2021. Attend the July 28, 2021 meeting to provide an update on his progress. They direct the Administrator to provide the owner with a list of on-site monitors, the monitor must be an independent third party. They direct the owner not to deviate from the approved plan. A motion to issue an Amended Enforcement Order is made by Mr. McDonough, seconded by Mr. Lynch. Vote 6-0, Unanimous. A motion to continue to July 28, 2021 is made by Mr. Manzi, seconded by Mr. McDonough. Vote 6-0, Unanimous. Documents 40 Flagship 07-14-21 Pics, 40 Flagship Drive - Enforcement Order General/New/Old Business 242-1737, Request for Extension, Annual Road Maintenance (DPW) The Administrator states the applicant is requesting a 1-year extension. A motion to grant a 1-year extension is made by Mr. Manzi, seconded by Mr. McDonough. Vote 6-0, Unanimous. Documents Extension Request 06 15 21 242-1707, Request for Extension, 285 Stevens Street, Lot 2 (Brecher) & 242-1708, Request for Extension, 271 Stevens Street, Lot 1 (Brecher) The Administrator provides an update on the Buffer Zone planting and invasive species management program. The OOC did not condition reporting however the written program agreed to yearly monitoring and reporting for 2-years. No formal planting plan, monitoring reports or invasive species monitoring reports have been received. The Commission discusses the request. John Morin, The Morin-Cameron Group, Inc. states they were not involved in the invasive species management program. The planting plan was prepared by LEC and he believes the invasive management plan was also done by LEC. A site inspection was conducted last fall as well as in the spring with another inspection due this fall. He offers to contact LEC to have them contact the Administrator to provide an update. A COC request will be done after the 2-year growing season ends in the fall. A motion to grant a 1-year extension is made by Mr. McDonough, seconded by Mr. Lynch. Vote 6-0, Unanimous. Documents 271 & 285 Stevens 07-14-21 Pics, OOC Ext Request Lot 2, OOC Ext Request Lot 1 Election of Conservation Commission Officers A motion to nominate Mr. Napoli as Chairman is made by Mr. Manzi, seconded by Mr. Lynch. 2021-07-14 Conservation Commission Minutes Page 7 of 7 Approved 8/11/2021 Vote 6-0, Unanimous. A motion to nominate Mr. Manzi as Vice Chairman is made by Mr. Napoli, seconded by Mr. Mabon. Vote 6-0, Unanimous. MACC Annual Dues The Administrator breaks down the costs for memberships and an on-line e-handbook subscription. A motion to approve the MACC annual dues in the amount of $912.00 is made by Mr. Lynch, seconded by Mr. McDonough. Vote 6-0, Unanimous. Decisions 242-1821, 217 Gray Street (Miller) The Administrator reviews the drafted Order of Conditions. The Commission discusses Condition #48 wetland markers will be required at 12.5-foot NDZ approximated on the record drawing. Condition #49 states the 25-foot NDZ will remain a non-disturbed zone except for mowing up until the reduced 12.5-foot NDZ as depicted on the annotated plan. Condition #56 will be amended to read any vs. garage. A motion to adopt the Order of Conditions as drafted and amended is made by Mr. Lynch, seconded by Mr. McDonough. Vote 6-0, Unanimous. Adjournment A motion to adjourn at 9:15 p.m. is made by Mr. Manzi, seconded by Mr. McDonough. Vote 6-0 Unanimous. 2021-07-14 Conservation Commission Minutes