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HomeMy WebLinkAbout2021-08-11 Conservation Commission Minutes Page 1 of 13 Approved 0910812021 North Andover Conservation Commission Meeting Minutes August 11,2021 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: 7:08 p.m. Quorum Present. Pledge of Allegiance Acceptance of Minutes • A motion to accept the minutes of June 23,2021 is made by Mr. Manzi, seconded by Mr. McDonough. • Vote 6-0,Unanimous. • A motion to accept the minutes of July 14, 2021 is made by Mr. Lynch, seconded by Mr. McDonough. • Vote 6-0,Unanimous. Notice of Intent(NOI) 242-1787, 135 North Ramp Road(DeRosa) • Mr.Napoli recuses from the discussion due to a conflict of interest, and Mr. Manzi steps in as Chair. • The Administrator provides a brief update on the status of the proposal. • Mike Miller, Lawrence Municipal Airport provides an update on the progress regarding the borings requested by the NACC. Per the recommendation of the airport's environmental consultant the team has been expanded to include some licensed site professionals. A scope of work was provided to the NACC as well as the applicant. Before work can commence additional signatures are required by Lawrence City Hall. • Mr.Mabon would like to know if Stantec has chosen a boring contractor. • Mr.Miller states they engaged Technical Drilling Services who will be working under the airport's LSP. • Mr.Manzi would like to know if they are working with the other parties involved to financially cover the expenses. • The Administrator states funding for the 3rd party peer review has been received from the applicant. • A motion to continue to September 8,2021 is made by Mr. McDonough, seconded by Mr. Mabon. • Vote 5-1 (In Favor: Capachietti,McDonough,Manzi,Mabon,Lynch,Recused:Napoli). Documents 01-27-2021 Meeting Materials, 04-28-2021 Meeting Materials, 06-10-2020 Meeting Materials, 12-09-2020 Meeting Materials, 242-1787 North Ramp Road-NACC Boring Specifications Final,Airport Email with. Stantec Proposal, Cont. hearing to 7-28-21, Stantec Scope for Exploratory Borings-Airport Consultant(06 22 21) Notice of Intent(NOI) 242-1810,Osgood Pond Dam (Sutton Pond Condominium Trust) • The Administrator states the Commission's third party peer review has done a site inspection and provided an initial report. She reviews the report with the Commission which states Phase 0 is reasonable and will allow for better access and ability to observe conditions. Rehab of the drainage discharge level spreaders were not closely evaluated,but they seem reasonable and may need further work based on subsequent phases.The upstream and downstream limits of work fall short of the ODS requirements that all trees be removed within 20-feet of all dam features/structures. This includes trees adjacent to the stone building on the downstream side that would need to be removed. GZA reviewed Phases I-IlI and believed they are reasonable; however, they will be refined based on the ODS required Phase IT follow-up inspection investigation. This investigation 2021-08-11 Conservation Commission Minutes Page 2 of 13 Approved 0910812021 evaluates the structural integrity of the spillway, spillway hydraulic capacity of the dam, slope stability, seepage analysis etc.... All of which may require corrective actions or BMPs. The Administrator states she does not know the status of the Phase II investigation as of yet. Interim stabilization BMPs once Phase 0 is complete should include the use of 100%biodegradable erosion control blankets and the use of localized temporary stormwater runoff diversion to avoid street drainage from flowing over the newly seeded and slopes. GZA recommends monitoring after Phase 0 as follows; for the first 2 months monitoring will be required every 2 weeks or after heavy rain events. The Administrator states they typically require once a week monitoring after''/z-inch rain events. Once stabilized,monitoring would be reduced to a minimum of every 4 weeks or after events of 1-inch or greater,or 2-inches within 24 hours. She questions if the scope of work should be revised to include having the peer reviewer attend a meeting to field questions. • Mr.Napoli states there was an issue with the abutter notification and one of the abutters was not notified properly. He suggests continuing the meeting to allow the abutter to review the information. • The Commission discusses whether the applicant should be required to renotify the abutters. They agree that although the error was on the Assessor's Office it would be fair to renotify. • The Administrator states the Assessor's Office provided a corrected abutters list which she will provide to the applicant. • Nicholas Pauling, Goldsmith Prest Ringwall,Inc. states he believes they have properly notified the abutters. The abutter that was missing from the list have been notifying and contacting and stated over a month ago that they have read the application. The abutter will be included in any future notifications and applications. Once the OOC has been issued they will file for a 253 Permit to conduct work on the dam,for the work occurring in Phase 0. Subsequent NOI's will be filed as future phases are developed. The stability of the slope will be evaluated once the trees have been cut in Phase 0. They agree with the third party peer review recommendations. • Mr.Napoli requests they respond in writing to the third party peer review. • Linda VanDe Voorde, 146 Main Street expresses concern with the effects the proposal may have on their historic building. • Mr.Napoli requests any concerns be brought to the attention of the project engineer or staff to be addressed at the next meeting. • A motion to continue to September 8,2021 is made by Mr. Manzi, seconded by Mr. McDonough. • Vote 6-0,Unanimous. Documents 4-14-2021 Meeting Materials, 4-28-2021 Meeting Materials,Assessor Letter Re- Osgood Pond Dam Projeet, GZA 3rd Party Peer Review Report 7-22-21, Osgood Pond, GZA Contraet signed Notice of Intent(NOI) 242-1814,3 Great Pond Road(Finbury) • The Administrator states additional information requested by the NACC at the last meeting was received. She recommends continuing the hearing to allow for a draft decision to be prepared. • Elizabeth Wallis,Hayes Engineering,Inc.is present for questions. • A motion to continue to September 8,2021 is made by Mr. McDonough, seconded by Mr. Manzi. • Vote 5-1 (In Favor:McDonough, Napoli,Manzi,Mabon,Lynch,Recused: Capachietti). Documents 5-26-2021 Meeting Materials, 6-09-2021 Meeting Materials, 7-14-2021 Meeting Materials, NOA3GreatPndSupinfoLet8-4-21, NOA3GreatPondSitePlanRev7-21-21 Notice of Intent(NOI) 242-1816,325 Johnson Street(Sparks) • The Administrator states the project consists of construction of a two car detached garage, drywell to collect new roof runoff, gravel driveway extension with associated tree removal and grading, abandonment of septic system and connection to sewer, connection to gas service,two concrete pads for anticipated heat pump and generator. The work occurs within the 100-foot Buffer Zone to small fringe of BVW,bank of intermittent 2021-08-11 Conservation Commission Minutes Page 3 of 13 Approved 0910812021 stream and pond. The project also falls in the Watershed Protection District to Lake Cochichewick. The project has received approval from the ZBA and will be before the Planning Board in mid-August. The stream was reviewed under a DEP superseding ORAD in 2002 and determined to be intermittent. The project engineer provided updated Stream Stats which confirm the intermittent status. The garage will be 55-feet from the bank of intermittent stream at its closest point. The existing gravel driveway is within 25-feet of the BVW and bank;the new gravel expansion is outside of the 25-foot NDZ. Most of the gas connection is outside jurisdiction,the cesspool is just inside the Buffer Zone, and about'/3 of the sewer line will be inside the Buffer Zone. The project engineer responded to the peer review comments to the satisfaction of Horsley Witten. The plan has been revised to bolster erosion controls and show trees slated for removal. The drywell is properly sized for capacity. • Mr.Manzi would like to know if the 24-inch RCP drain pipe at WF 1 B and 4A is a crossing. • Jack Sullivan, Sullivan Engineering Group,LLC confirms this is an existing crossing. • Mr.Napoli would like to know if a cost analysis was provided to move the building closer to the house. • Mr. Sullivan states he provided a cost analysis to move the structure closer to the house. The location selected will have the least disturbance within the watershed. • The Administrator recommends continuing the hearing to allow for a draft decision to be prepared. • A motion to continue to September 8,2021 is made by Mr.Manzi, seconded by Mr. Capachietti. • Vote 6-0, Unanimous. Documents 6-09-2021 Meeting Materials, HydroCAD Report, Norse_Streamstats, Site Plan_325 Johnson_08092021 Notice of Intent(NOI) 242-1818,Great Pond Road,Bank Stabilization (North Andover DPW) • The Administrator states additional information requested by the NACC at the last meeting has been received. • Rob Rafferty,Environmental Partners states a presentation was prepared showing the groundwater analysis on the site. The finding is that in the worst case they will have 8-inches of mounding behind the sheet wall,no frost heaves are expected.They have relieved the possibility of mounding by providing gaps in the sheet piling, and weep holes can be added to help prevent this. The proposal includes replacing the head wall, contingencies are in place if the pipe needs to be replaced. • Mr. Lynch would like to know if stormwater management BMPs have been proposed. • Mr. Rafferty states they have spoken with the applicant and they would prefer not to have a water control quality structure. • The Commission agrees that a storm scepter is not needed. • Mr.Napoli expresses concerns about the subsurface water. He feels the drainage should be improved to prevent retention along the side of the roadway. • Mr.Rafferty states perforating the sheeting with weep holes will help relieve the mounding. • Mr. Capachietti states that if rip rap is added below the high waterline the applicant will need a Chapter 91 permit. • A motion to continue to September 8,20201 is made by Mr.Manzi, seconded by Mr.McDonough. • Vote 6-0,Unanimous. Documents 6-23-2021 Meeting Materials,Att1_Great Pond Rd Stabilization. Geotechnical Memo_FINAL,Att2_Great Pond Road Sheetpile Wall Analysis,Att3_Cost Estimate_GreatPondRdStabilization_ brN07, Response Letter - Great Pond Road Notice of Intent(NOI) 242-1822,45 Cotuit Street(Seaport Homes LLC) • Mr.Napoli questions whether the application is complete. • The Administrator states the consultant still needs to provide wildlife habitat study, address stream crossing standards as well as other details requested by DEP. • Due to an incomplete application the Chairman allows the consultant a limited time to present the proposal. 2021-08-11 Conservation Commission Minutes Page 4 of 13 Approved 0910812021 • Ben Osgood,Ranger Engineering states this is a pre-existing lot created prior to zoning. The wetland,brook and bank have been delineated. They propose to cross the wetland with an open bottom arch culvert which meets the stream standards. The house is proposed outside of the 50-foot NBZ. Plans will be resubmitted to DEP and the NACC depicting a clearer delineation. • Mr.Napoli would like to know if the driveway will cross Leyden Street. He instructs the applicant to research whether the ROW can be crossed on a paper street/private way. • Mr. Osgood states the property has a Cotuit Street address but is at the intersection of Cotuit and Leyden. • The Administrator states she walked the wetland line with the project engineer and found it to be reasonable. She recommends that the Commission visit the site to get a better understanding. • Mr.Napoli would like to know if the abutters can attend the site visit. • Mr. Osgood states he will ask the owner for permission. • The Administrator suggests the abutters submit comments in writing ahead of the next meeting to streamline the discussion. • Patty Aloisi, 10 Kingston Street states there is a petition with signatures opposing the proposal. In the 8-years she has lived at her current address the brook has never stopped running. She is concerned the development will impact wildlife and of the impacts the salt and sand will have on the wetland and groundwater. The abutters are concerned that the development will add to the water issues the Village Green is already dealing with.Per Ms.Alosis the Village Green has cared for the property for approximately 45-years. • Mr. Manzi states historical data is considered and requests any information be provided to the Administrator for consideration. • Mr. Capachietti provides information on the difference between an intermittent stream and a perennial stream. He questions if a stream statistics analysis was done.Additional information is needed prior to NACC deciding. • Mr.Napoli states the NACC will take the abutters'concerns regarding the wetlands into consideration. • Mr.Manzi states that there are consultants that would be able to help those opposed to the project. • Mr. Lynch explains how it is determined if a project falls under the purview of the NACC and how decisions are made. • Michael Tinder,2 Kingston Street states he enjoys playing in the river, climbing trees, catching frogs and minnows. • Ms.Aloisi presents the Administrator with the signed petition and photographs. • A motion to continue to September 8,2021 is made by Mr. Manzi, seconded by Mr. McDonough. • Vote 6-0,Unanimous. Documents 06-22-2021 NOTIFICATION TO ABUTTERS, 2020 Aerial- 45 Cotuit, 2021-06-25 NOI-45 Cotuit St No Andover, 2021-07-13 Full PlanSet REV],Application checklists, DEP Comments 45 Cotuit Street, North Andover#242-1822, PROOF OF MAILING SHEETS, Wetland Restoration Replication Report Notice of Intent(NOI) 242-1823,292 Candlestick Road(Billings) • The Administrator states the project consists of an above ground pool, deck extension and shed all of which are partially within the 50-foot NBZ. The proposal also includes paver steps off the pool. Removal of yard/leaf dumping area within the 25-foot NDZ as well as enhancement plantings within the 25-foot NDZ have been proposed as mitigation. A waiver request has been provided. The proposed deck is open underneath, and the pool has been kept to what they feel is a reasonable size, set entirely within lawn or crushed stone walkway area. The property has an existing freestanding wooden deck/platform which straddles the 25-foot NDZ and 50-foot NBZ. Construction access has been noted on the plan. • Mr.McDonough questions if the deck/platform was permitted. • Greg Hochmuth,Williams& Sparages LLC states the deck/platform was not permitted and believes this may have started out as a tree fort, installed well before the current owner bought the property. There is a leaf pile from the previous homeowners they propose to remove,this square footage was not included in the proposed enhancement area. They propose to cut the pool into the slope with a decorative stone face to give the illusion 2021-08-11 Conservation Commission Minutes Page 5 of 13 Approved 0910812021 of an inground pool. The stone face will be 3-4-feet high,with 2-feet showing on the pool house side.A non- back wash filtration system is proposed. The area is currently an existing lawn or landscaped area and is 10.1- feet from the house. He believes the wetland has gotten larger over the years. They are proposing to give up an area of maintained lawn,install native plantings and stop maintenance in the area as mitigation.No plantings are proposed in the area where the leaf pile will be removed. Work is proposed to be done with a dingo and removed from site via the access path noted on the plan. Once work has been completed the access path will be re-scarified and additional loam added if needed and seeded.No earth work is proposed for the installation of the shed, 80% of the shed is proposed over the existing driveway with the existing over a mulch landscape bed. The parcel was not mapped for Estimated Priority Habitat and was delineated by Williams & Sparages. He does not believe the project will have any impact on the Resource Area. • Mr. Lynch disagrees with the impacts of a pool,newly expanded deck and shed being within the 50-foot NBZ. He understands the site is constrained and there may not be another alternative other than a no build situation.He does not believe that getting back an area that is currently a violation is a trade-off. • Mr.Mabon states a no-build situation is consistent with how the Commission has ruled in the past. • Mr.Manzi would like Mr.Hochmuth to walk through the alternative's analysis. • Mr.Hochmuth reviews the waiver criteria and states they would need to take a closer look at the site and revise the plan. • Mr. Napoli states the Commission strives for consistency and expresses concerns that the structures are within the NBZ. • Mr. Capachietti states he doesn't have an issue with the pool as there aren't any other locations for it and would consider it if more mitigation is proposed. • Ross Billings,the homeowner, states he spoke with the Building and Conservation Departments prior to the purchase to ensure a pool would be permissible. He understands the concerns regarding the shed and is willing to remove it from the plan altogether. • The Administrator states she did not speak with the homeowner prior to the purchase, if she had she would have recommended that they have the wetlands delineated. • Mr. Hochmuth requests a continuance to the next meeting. • A motion to continue to September 8,2021 is made by Mr.Manzi, seconded by Mr. McDonough. • Vote 6-0,Unanimous. Documents 292 Candlestick Road 07-08-21 Photos, 292 Candlestick-NOI Plan 07 08 21, Certified-Return Receipts, Notice of Intent-292 Candlestick Road, Plan to Accompany a Notice of'Intent-292 Candlestick Road_R2, PoolProf le-Candlestick#292 Notice of Intent(NOI) 242-1819,255 Stevens Street(Howlett) • The Administrator states the proposal is for the construction of an in-ground pool,pool shed and surrounding patio. The pool patio is just outside the 50-NBZ. All work is within the existing lawn,the grades on the site slope toward the house. The wetland line was reviewed and there is an area of yard waste next to WF WSS7 that needs to be removed. • Mr. Mabon would like to know what they propose to do with the excavated materials and the type filter proposed. • The Administrator states the Order will condition a cartridge filter,not a backwash system.No waivers have been requested.No grading will be permitted within the 50-foot NBZ. • Matt Schweisberg,Wetland Strategies and Solutions, LLC states most of the debris pile has been moved outside of the Buffer Zone,with the remainder to be removed. The surplus material will be placed on either side of the house outside of the 100-foot Buffer Zone while they construct the pool. A fence is proposed around the apron of the pool. • Mr.Napoli requests the stockpile area be shown to the Administrator at the preconstruction meeting,to ensure it is outside of the Buffer Zone. 2021-08-11 Conservation Commission Minutes Page 6 of 13 Approved 0910812021 • Mr. Capachietti requests a note be added to the plan for the fence and that the proposed contours are depicted to ensure grading stays outside of the 50-foot NBZ. • Mr. Lynch requests the corner of the apron be surveyed prior to pouring. • A motion to close and issue in 21 days is made by Mr. Mabon, seconded by Mr. McDonough. • Vote 6-0,Unanimous. Documents 255 Stevens Revised Plan 7-29-21, Certified Abutters List, Existing Conditions Plan 255 Stevens, Fee Calculation Worksheet, Figures 5a and 5b, Howlett BVW Delineation Form H-1-U, Howlett BVW Delineation Form H-1-W, Howlett BVW Delineation Form H-2-U, Howlett BVW Delineation Form H-2- W, Howlett Figure 2-Assessor Map-Abutters, Howlett NOI, Howlett--Cents ofMailing, North Andover Wetlands Regulations Riverfront Area Map-Aerial, Notice oflntent Checklist-Howlett Amendment 242-1692, 1210 Osgood Street(Princeton Development&Forgetta Development) • The Administrator states a continuance is required; she believes the project may require a special meeting. • A motion to continue to September 8,2021 is made by Mr.McDonough, seconded by Mr. Lynch. • Vote 6-0,Unanimous. Documents n/a Certificate of Compliance 242-1665,415 Boxford Street(Young) • The Administrator provides background on the Order issued in October of 2015.Based on site observations and As-built plan,the site is stable and in compliance. • A motion to issue a full and final Certificate of Compliance is made by Mr. Lynch, seconded by Mr. Mabon. • Vote 6-0,Unanimous. Documents 2021-07-28 AS BUILT PLAN, COC Request documents 415 Boxford Street 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 September 8,2021 is made by Mr. Lynch, seconded by Mr. McDonough. • Vote 6-0,Unanimous. Documents n/a Request for Determination of Applicability 480 Boxford Street(O'Donnell) • The Administrator provides background on the property. The proposal is for the installation of a PVC fence to enclose the eastern side of the house. The proposed fence is located outside of the 75-foot NBZ to Ephemeral Pool. The homeowner would also like to request a gate or section of fence to connect the corner of the house to the existing field stone wall to close off the backyard. This section of gate/fence will be located within the NBZ. • Mr. Lynch states the fence will need to be raised to allow for critter migration. • The Commission discusses the proposal and agrees a 6-inch gap for critter migration is required. • The Administrator recommends issuing a Negative Determination#3 requiring a pre and post construction meeting, excavated materials to be removed from the site and a 6-inch gap for critter migration. • A motion to issue a Negative Determination#3 with conditions as recommended and amended is made by Mr.Manzi, seconded by Mr. Capachietti. • Vote 6-0,Unanimous. Documents 2021-08-11 Conservation Commission Minutes Page 7 of 13 Approved 0910812021 Odonnell Cert of Mailing-480 Boxford, RDA Application with Supporting Materials 0714 21, RDA Plan 480 Boxford Street 0714 21 Enforcement OrderNiolation 50 Duncan Drive(Jeong) • The Administrator states all the requirements of the Enforcement Order have been met. • A motion to lift the Enforcement Order is made by Mr.Manzi, seconded by Mr. Mahon. • Vote 6-0, Unanimous. Documents Request for Determination of Applicability 16 Ferry Street(Adenuga) • The Administrator states the proposal is for the installation of an above ground pool to replace an existing pool that was recently removed. They propose to remove any grass that has tilled in and add a layer of stone dust. The pool will employ a cartridge filtration system and is approximately 128-feet from the Merrimack River at its closest point. She recommends issuing a Negative Determination#3 with conditions. • A motion to issue a Negative Determination#3 with conditions is made by Mr.Manzi, seconded by Mr. Mahon. • Vote 6-0,Unanimous. Documents RDA Application with Supporting Materials 0715 21 Request for Determination of Applicability 50 Duncan Drive(Jeong) • The Administrator provides background on the property. The proposal is for an after-the-fact RDA for the in- kind replacement of deck boards, repair of existing walkway and retaining wall. The concrete was removed as requested and is proposed to be returned to grass or a landscape bed. She reviews the cross-section with the NACC to show how roof runoff will be handled.No fencing is proposed although it is depicted on the plan. She recommends issuing a Negative Determination#3 with conditions. • A motion to issue a Negative Determination 43 with conditions is made by Mr.Manzi, seconded by Mr. McDonough. • Vote 6-0,Unanimous. Documents Gutter Drain Pipe Cross Section, RDA Application with Supporting Materials, RDA Plan Request for Determination of Applicability 1135 Great Pond Road(Brooks School) • The Administrator states the proposal is for the repair of a stone wall and paved driveway in the same footprint. Removal and stump grinding of a tree which is interfering overhead utility lines. Removal of existing plantings along the back of the wall which have been proposed to be replaced with new native species. The work is within 100-foot Buffer Zone to Wetland Series I& G,approved under ORAD#242- 1772 in December 2019. Portions of the work involved with the easterly driveway section are within 50-foot NBZ of the wetland but within the existing footprint of the driveway. An 8-inch mulch sock is proposed along the easterly side of the driveway. She recommends issuing a Negative Determination#3 requiring pre and post construction meetings,waste products to be removed from site and extension of the erosion control along the frontage of Great Pond Road. • Mr.Napoli questions if the project is within the watershed district. • The Administrator confirms the project is within the watershed district. She spoke with the Planning Director who said a non-significant project waiver can be issued for the proposed work. • Anthony Cleaves,Whitman&Bingham Associates,LLC is present. 2021-08-11 Conservation Commission Minutes Page 8 of 13 Approved 0910812021 • A motion to issue a Negative Determination 43 with conditions as recommended and amended is made by Mr.Manzi, seconded by Mr. Mabon. • Vote 6-0,Unanimous. Documents 210723_Brooks School Goelet House Landscape Improvements-RDA Plan, 20210811145551337, Brooks School 1135 GPR Goulet House RDA, Brooks School Goelet House-RDA Plan with color, RDA Checklist- July 2021.doc-signed Request for Determination of Applicability 261 Rea Street(Carlson) • The Administrator states the proposal is for the removal and expansion of an existing deck and patio. The new patio will consist of stone pavers. The patio expansion will remain within the limit of an existing stone wall surrounding the patio. A hot tub is proposed within the limit of the new deck. Project access to the work area will be from the driveway located to the northwest side of the house.Project materials will be stockpiled in the driveway or within the limit of the stone wall. All work is within the Buffer Zone to BVW and 200-foot Riverfront to Mosquito Brook. Our Field Inspector verified the wetland line and found it to be accurate. The existing deck is approximately 13'x 26',the proposed deck will be approximately 17x 28'and located 67-feet from the BVW at its closest point. The existing patio is approximately 45'x 13'and is located approximately 70-feet from the BVW. at its closest point.None of the expansions will be closer to the wetland than the existing stone wall.An unpermitted modular pool was observed during a site inspection which will be removed for the patio expansion. Staff recommends that WF 9A be moved approximately 4-feet upgradient. This change does not significantly impact the project in any way. A pile of grass clippings was observed within the 25-foot NDZ on the neighbor's property. Staff will notify the neighbor to have it removed. She recommends issuing a Negative Determination#3 requiring pre and post construction inspections. • Jason Carlson,the homeowner,is present for questions. • A motion to issue a Negative Determination#2&#3 with conditions as recommended is made by Mr. Manzi, seconded by Mr. Lynch. • Vote 6-0,Unanimous. Documents 261 Rea St North Andover Carlson Deck- Updated 7-14-21 for Conservation Coordination, 210616 RDA Checklist Carlson with Notes, 210714 wpaformI Carlson for Submission, 210728 Abutters List, 20210810_110325, 20210810 110748, 20210810_115321, Abutter Notification Form- Carlson, Carlson Desk and Patio Project-Scope of Work, Fee Calculation Worksheet, Riverfront Area Map - USGS- 261 Rea Street Request for Determination of Applicability 193 Foster Street(Owens) • The Administrator states the proposal is for an after-the-fact RDA required by the NACC for the construction of a pergola over an existing patio. The wetland line was verified by the previous Administrator. The patio is approximately 42.6-feet from the wetland at its closest point. • A motion to issue a Negative Determination#3 is made by Mr. Manzi, seconded by Mr.McDonough. • Vote 6-0,Unanimous. Documents Abutters list ovens,Abutter Notification Form Owens, Fee Calculation Worksheet_owens, Owens lot survey, ovens riverfront, RDA WPA Application Form Owens, Riverfront Area Map- USGS, Wetland Delineation Sketch 193 Foster St N. Andover, MA Request for Determination of Applicability 920 Johnson Street(Whitehead) • The Administrator states the proposal is for the installation of an above ground pool with an associated elevated pool deck. The proposed pool is approximately 69-feet from the BVW at its closest point and the 2021-08-11 Conservation Commission Minutes Page 9 of 13 Approved 0910812021 deck is approximately 60-feet from BVW. The pool is set as far away from the Resource Area as possible and is just over 10-feet from the house. This section of the rear yard is currently fenced,portions of which are located within the 50-foot NBZ. The homeowner is proposing to remove and relocate the section of fence to the southern end of the home. The stockpile and construction access have been depicted on the plan. All disturbed areas will be scarified and seeded. The wetland line was verified by the Field Inspector. The plan depicts encroachments into the 25-foot NDZ consisting of a wooden platform,raised garden beds,mulch, firewood and fencing. Other violations include a fire pit within the 50-foot NBZ, all encroachments are all unpermitted and observed by our Field Inspector. • Greg Hochmuth, Williams& Sparages LLC provides background history on the home. The current homeowner pushed the fence back very close to the wetland.Based on historic aerials this area was lawn right up to the wetland.No trees or vegetation were removed. The consultant advised the homeowner to wait until he spoke with the Commission but to be prepared to put things back.He proposes to relocate the fence to its original location based on historic aerials. • Mr.Mabon states although the area has historically been mowed lawn,he feels a setback should be put in place. • Mr.Hochmuth proposes to provide a 10-foot NDZ as mitigation;he suggests extending the erosion controls. The historic location of the fence predates the Wetlands Protection Act. • The Commission discusses the proposal and agrees the violation must be addressed before a permit can be issued. The applicant must relocate the wooden platform,raised garden beds,mulch,fence and stacked firewood outside of the 25-foot NDZ. The fence line may be restored to its historic location.A 10-foot wide NDZ is to be established,returned to its naturally vegetated state and monumentation is required. The plan is to be revised to reflect the proposed restoration for the record. Restoration must be completed no later than September 8,2021. • The Administrator states the NACC is not reducing the 25-foot NDZ,they are allowing relief for the lawn only. • A motion to issue an Enforcement Order is made by Mr. Manzi, seconded by Mr. Capachietti. • Vote 6-0,Unanimous. • A motion to continue to September 8,2021 is made by Mr. Lynch, seconded by Mr. Manzi. • Vote 6-0,Unanimous. Documents 20210810 101936, 20210810 103005, 20210810 103533, 20210810_103643,Mailing Receipts -920 Johnson Street, Plan to Accompany a Request for Determination of Applicability-920 Johnson Street, Request.for Determination of Applicability-920 Johnson Street Abbreviated Notice of Resource Area Delineation 242-1824, 177 Great Pond Road(Strecker) • The Administrator states the applicant has requested a continuance. • A motion to continue to September 8,2021 is made by Mr. McDonough, seconded by Mr. Manzi. • Vote 6-0,Unanimous. Documents Email from norseenvironmental&verizon.net requesting a continuance until 918121 Small Project NACC#280,70 French Farm Road (Erickson Construction) • The Administrator states the proposal involves providing support to failing sono tubes under a slab foundation of an existing sunroom. They propose to drive helical piers in 3 areas under the sunroom,back filled with existing soil and tamped every 12-inches.If necessary,the area of excavation would be 2'x2'x2'. All machines used will have rubber tracks to reduce impacts to the property. They have also proposed the use of track mats to minimize the impact to the ground. The work is within the existing lawn,within the 100-foot Buffer Zone to wetland approximately 85-feet at its closest point. The Administrator recommends approval of the project under Category"L"with conditions (erosion controls and pre and post construction inspections). 2021-08-11 Conservation Commission Minutes Page 10 of 13 Approved 0910812021 • A motion to accept this as a Small Project"L"is made by Mr.Manzi, seconded by Mr. McDonough. • Vote 6-0,Unanimous. • A motion to approve the Small Project as recommended is made by Mr. Manzi, seconded by Mr. McDonough. • Vote 6-0,Unanimous. Documents Small Project Application with Supporting Materials 07 22 21, Sono Tube Removal Small Project NACC#281,693 Johnson Street(Mouzakis) • The Administrator states the proposal is for a septic system upgrade. • Mr.Napoli states he does not believe the project falls under a Small Project. The plans have not been approved by the Board of Health. • The Administrator states the wetland was delineated by Norse Environmental. The wetland line was reviewed and is accurate. The majority of the work is located outside of the 100-foot Buffer Zone. They are proposing minimal grading approximately 90-feet from the wetland, in the footprint of the existing system. The system is still under review by the Board of Health. • Mr. Lynch believes the proposal requires an RDA, once approved by the BOIL • Steven Mouzakis,the homeowner states he was directed to apply for a Small Project permit by the Administrator. • The Commission discusses the proposal and agrees that the grading must be kept outside of the 100-foot Buffer Zone or an RDA will be required. • Mr. Capachietti recommends that the homeowner consult with his engineer to see if work can be kept outside of the Buffer Zone. • Mr. Mouzakis requests to withdraw the application without prejudice. • A motion to accept the withdrawal without prejudice is made by Mr.Manzi, seconded by Mr.McDonough. • Vote 6-0,Unanimous. Documents Small Project Application with Supporting Materials 08 03 21, Subsurface Sewage Disposal System Plan Rev 07 30 21 Small Project NACC#282,625 Turnpike Street(Bowne) • The Administrator states the proposal is for the installation of a fence to enclose a portion of the rear yard. The proposed fence will be a combination of PVC fence on the sides, and a chain link fence along the rear.A 6-inch gap will be left at the bottom to allow for critter migration and waterflow. The Field Inspector confinned that the fence will be located 52-feet from the BVW at its closest point. The Administrator recommends approval of the project under Category"H" with conditions (excavated soils to be removed from site and pre and post construction inspections). • A motion to accept this as a Small Project"H"with conditions as recommended is made by Mr.McDonough, seconded by Mr.Manzi. • Vote 6-0,Unanimous. Documents Small Project Application with Supporting Materials 08 03 21, Turnpike 625 GIS Aerial Fence Modification 242-1811, 1600 Osgood Street(Rt.125)Pump Station& Sewer Extension(North Andover DPW) • The Administrator states the applicant is seeking a modification for plan changes. The changes result in a net reduction of impervious area by 102-square feet, a net reduction of gravel by 101-square feet and net increase of grassy areas 203-square feet. The driveway entrance was re-graded to decrease the slope from 15%to 8%. 2021-08-11 Conservation Commission Minutes Page 11 of 13 Approved 0910812021 The stormwater calculations were run and the changes slightly reduced rate and volume.Most of the changes are outside the Buffer Zone but result in less impact on site. • Olivia Lafond,Woodward&Curran is present for questions. • A motion to approve the modification as proposed is made by Mr. McDonough, seconded by Mr.Manzi. • Vote 6-0,Unanimous. Documents 2021-08-02 Modification Request Modification 242-1745,350 Winthrop Avenue(Delta MB,LLC) • The Administrator provides background on the Order which requires that work be done during low flow periods between July and August. The applicant is seeking an extension to the work window due to the impact of COVID last year and this year's wet weather conditions in July. A pre-construction meeting was held,and work commenced. They anticipate finishing by the end of August but would like an extra month to allow for possible delays. Sheet piling will be used to divert the water to keep the existing culvert online. The new swale/culvert will not be online until it is completely vegetated and stabilized. • Mr. Lynch questions if the existing culvert pipe will be left in the ground. • Peter Ellison,TEC,Inc. states they propose to cut and cap the pipe on either end. • The Commission discusses the proposal and agrees with extending the timeline however they express concerns about the pipe being left to collapse. • Mr. Ellison states he will speak with the owner regarding the NACC's concerns pertaining to the abandoned pipe. • A motion to approve the modification as proposed is made by Mr. Manzi, seconded by Mr. Capachietti. • Vote 6-0, Unanimous. Documents Modification Request with Supporting Materials 08 2021 Enforcement Order/Violation 268 Raleigh Tavern Lane(Atallah) • The Administrator states a continuance is required. • A motion to continue to September 8,2021 is made by Mr. McDonough, seconded by Mr. Manzi. • Vote 5-0,Unanimous,Recused: Mr. Mabon. Documents n/a Enforcement OrderNiolatiion 40 Flagship Drive(DWT Holdings,LLC) • The Administrator states erosion controls have been bolstered since the last meeting. Meridian Engineering provided a memo listing immediate actions to stabilize the site and to start getting the sediment pond back to capacity. The Meridian memo was reviewed by John Borgesi,Town Engineer. The Administrator reviews comments and recommendations provided by Mr.Borgesi who was unable to attend tonight's meeting. Site water was illegally pumped from the sediment basin into the sanitary sewer system. The work was stopped, and the applicant was placed on notice by the DPW.Norse Environmental is working on the NOI which will cover the site as well as the wetland impacts however they have not been able to get into the wetland due to the high water level. • Mr. Lynch states he does not believe the project is moving forward in a positive direction. He expresses concerns regarding the illegal pumping to a public sewer served by a pump station. • Mr. Mabon expresses concern whether the filter proposed will perform. He instructs the applicant to have the supplier conduct pilot plant/semi scale testing to ensure the filter will work as expected. • Mr.Manzi expresses concern whether the detention pond,filter and discharge point are adequate. He requests that a competent environmental monitor be on site full time during the pumping process. 2021-08-11 Conservation Commission Minutes Page 12 of 13 Approved 0910812021 • Mr. Napoli questions why a frac tank wasn't used to remove the water from the detention basin. He would like the water to be moved and trucked away from the site. He is concerned that the basin is not functioning properly. • William Linskey,DWT Holdings,LLC states the vendor was successful in getting the water to clear with a 1 micron filter. Frac tanks were not proposed since the silt will not settle,it must be filtered out. • David Kelly,Meridian Engineering states the stormwater management system was approved by a third party peer review engineer. The standing water is due to the fact that the outlet control structure has not been installed,it was designed as a wet basin. The basin must be dry to install the outlet control structure. The basin must be stabilized,hincldey soils covered to prevent the sediment from entering the basin. The 100-year storm capacity is approximately 60,000-cubic feet. The upper terrace has been bermed off. • Mr. Capachietti expresses concerns with the frequency with which the bags will need to be changed due to the volume of water that needs to be moved. He questions how they propose to dispose of the material in the bags. He would like the slopes covered with erosion control blankets and tackifiers to be incorporated in the hydroseed. • The Commission reviews the specification sheet for the proposed filter. • Mr.Mabon would like to know whether the filter vendor has any applications which use diatomaceous earth. • The Commission reviews the action list provided by the applicant and directs the Administrator to provide a list of erosion control monitors.An independent monitor is required to be onsite during sediment basin filtering and dewatering. The NACC agrees to allow the use of the 1 micron filter until it doesn't work. The applicant must immediately engage an erosion control monitor to be approved by the Administrator,prepare for future storm events,increase the check dams, submit two tentative timelines and secure the site.All construction work other than site stabilization must cease. Further,the Commission will require compliance with the Town Engineer's emailed recommendations The NACC touches on outstanding DPW bond issues, and the applicant agrees to address the issue with the DPW. • 10:48p.m. Mr. Manzi leaves the meeting. • 10:50p.m. Mr. Manzi rejoins the meeting. • The Administrator questions if the final proposed condition of a 12"gravel laydown will adequately control sediment from suspending through the layer of gravel during storm events. • Mr. Capachietti confirms they have proposed 12-inches of multi-pack which will not allow the material to migrate. • 10:54p.m. Mr. Napoli leaves the meeting. • Mr.Manzi encourages the applicant to report any vandalism of the site. • A motion to amend the Enforcement Order as modified in the Meridian memorandum, allowing certain activities to achieve a stabilized site as modified in the Town Engineer's email and discussion is made by Mr. Capachietti, seconded by Mr. Mabon. • Vote 5-1 (In Favor: Capachietti,McDonough,Manzi,Mabon,Lynch,Abstained:Napoli). Documents 7-14-2021 Meeting Materials,April 2021 PB Approved Plan, BF 400 filter stand, doc20210811144456, Letter Conservation 2021-08-10 Decision 242-1817,Osgood Street(Rt. 125) at Osgood Landing(HIP Transaction Services,LLC) • 10:59p.m. Mr. Napoli rejoins the meeting. • The Administrator reviews the drafted Order of Conditions. • The Commission discusses the placement of silt sacks on catch basins within 200-feet of the project. The bond will be set in the amount of$50,000. • A motion to adopt the Order of Conditions as drafted and amended is made by Mr. Manzi, seconded by Mr. McDonough. • Vote 6-0,Unanimous. Decision 2021-08-11 Conservation Commission Minutes Page 13 of 13 Approved 0910812021 242-1819,255 Stevens Street(Howlett) • The Administrator reviews the drafted Order of Conditions. • The Commission discusses the bond which will be set in the amount of$2,000. Prior to pouring the apron must be surveyed at the corner to the 50-foot NBZ. A revised plan depicting grading outside of the 50-foot NBZ is required. • A motion to adopt the Order of Conditions as drafted and amended is made by Mr. Manzi, seconded by Mr. McDonough. • Vote 6-0, Unanimous. Adjournment • A motion to adjourn at 11:04 p.m. is made by Mr. McDonough, seconded by Mr. Lynch. • Vote 6-0 Unanimous. 2021-08-11 Conservation Commission Minutes