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Home My WebLink About2022-03-23 Conservation Commission Minutes Page 1 of 5 Approved 0412712022 North Andover Conservation Commission Meeting Minutes March 23,2022 Members Present: Anthony Capachietti, Albert P. Manzi, Jr.,Vice Chairman, John T. Mabon and Joseph W. Lynch Members Absent: Sean F. McDonough and Louis A.Napoli, Chairman Staff Members Present: Amy Maxner, Conservation Administrator and Taylor Andrews,Field Inspector Meeting came to Order at. 7:09 p.m. Quorum Present. Pledge of Allegiance Pursuant to Chapter 20 of the Acts of 2021, this meeting of the North Andover Conservation Commission will be conducted in person and via remote means, in accordance with applicable law. 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, in person attendance of applicants, their representatives, members of the public and Commission members will be permitted. Members of the public who wish to watch the meeting live may do so on their televisions by tuning to Corncast Channel 8 or Verizon Channel 26 or online at www.northandovercam.org. 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 record of proceedings as soon as possible after the meeting. If the public would like to participate in public hearings, but not attend the meeting in person, please email your question/comment prior to or during the meeting to amaxner The question/comment will be read during the proceedings and responded to accordingly. Acceptance of Minutes • A motion to accept the minutes of March 9,2022,is made by Mr. Mabon, seconded by Mr. Lynch. • Vote 4-0,Unanimous. Notice of Intent(NOI) 242-1822,45 Cotuit Street(Seaport Homes LLC) • The Administrator states a continuance has been requested. • A motion to continue to April 13, 2022, is made by Mr. Capachietti, seconded by Mr. Mabon. • Vote 4-0,Unanimous. Documents Email from bias good ran eg �eng.cr�m requesting a continuance until 4113122 242-1837, 1260 Salem Street(Czerepak) • The Administrator states a continuance has been requested. • A motion to continue to April 13, 2022, is made by Mr. Capachietti, seconded by Mr. Mabon. • Vote 4-0,Unanimous. Documents Email from.lacksull53C)comcast.nct requesting a continuance until 4113122 Amendment 242-1692, 1210 Osgood Street(Princeton Development&Forgetta Development) • The Administrator states a continuance has been requested. • A motion to continue to May 24, 2022 special meeting,is made by Mr. Mabon, seconded by Mr. Lynch. • Vote 4-0,Unanimous. 2022-03-23 Conservation Commission Minutes Page 2 of 5 Approved 0412712022 Documents Email from_thrown(a)princetonproperties.com requesting a continuance until 5124122 General/New/Old Business 242-1692, 1210 Osgood Street(Princeton Development&Forgetta Development)- request to cease erosion control reporting on residential side of site • The Administrator states a continuance has been requested. • A motion to continue to May 24, 2022 special meeting,is made by Mr. Mabon, seconded by Mr. Lynch. • Vote 4-0, Unanimous. Documents Email from Ihrown Princeton_)roRerties.eom requesting a continuance until 5124122 Certificate of Compliance 242-1557, 55-70 & 80-83 Millpond(Millpond Homeowners Association) & 242-1525, 67& 68 Millpond Townhouse (Millpond Homeowners Association) • The Administrator states the OOC for DEP#242-1557 was issued in June of 2012. The work governed the common driveway and parking area improvements servicing units 55-70& 80-83. A subsurface infiltration drain was proposed along the upslope shoulder of the common driveway, to be connected to the terminal catch basin at the entrance of the common drive. The work was completed in August of 2013 by FP Reilly& Sons. Copies of the contract and invoices for conducting the job were provided. The approved plan set provided existing catch basin elevations; elevations for the pipe of trench were not provided. A site walk with the contractor was conducted;the site is stable. The infiltration drain was installed in the proper location and appears to be functioning correctly. A formal As-built Plan was not provided with the request as the requesting engineer was not the design engineer and did not oversee the work. • William Hall, Civil Design Consultants,Inc. is present remotely on behalf of the Applicant. • The Administrator states the OOC for DEP#242-1525 was issued in August of 2012. The work governed the installation of a trench drain,two yard drains, grass swale and replace existing drain pipe to alleviate ponding next to and in the side yards of units 67 &68. Work undertaken in DEP#242-1557 alleviated these issues; therefore,work under DEP#242-1525 never commenced. • Mr. Hall offers to depict the elevation of the subdrain where it meets the catch basin on the plan. • Mr. Lynch suggests the engineer speak with the contractor to obtain additional information. • Mr. Capachietti requests a note on the approved plan showing where the trench starts and ends. • The Commission agrees additional information for DEP#242-1557 must be submitted for the record. • A motion to issue a Certificate of Compliance for DEP#242-1525 for work never commenced is made by Mr. Lynch, seconded by Mr. Mabon. • Vote 4-0,Unanimous. • A motion to continue DEP#242-1557 to April 13, 2022,is made by Mr. Lynch, seconded by Mr. Mabon. • Vote 4-0,Unanimous. Documents for 55-70& 80-83 Millpond #242-1557 APPROVED PLANS, 15-9901 -242-1557 CoC Request, 242-1557- Contractor Records, L 031022 NACC-242-1557 Documents for 67& 68 Millpond Townhouse #242-1525 APPROVED PLANS, 15-9901 -242-1525 CoC Request, L_031022 NACC-242-1525 Small Project NACC#292,21 Periwinkle Way(Stern) • The Administrator states work consists of an in-kind deck replacement. The proposal includes removal of the existing decking and railings to be replaced with pressure treated posts and stringers, composite decking will be installed on the existing deck and stair framing. No new footings or ground disturbance is proposed. The Field Inspector conducted a site inspection,based on site observations; the closest corner of the deck is 2022-03-23 Conservation Commission Minutes Page 3 of 5 Approved 0412712022 approximately 75-feet from the BVW. The Administrator recommends issuing a Small Project`B"requiring the dumpster to be placed on the driveway,pre and post construction meetings. • Abby Stern,the homeowner, is present remotely for questions. • A motion to accept this as a Small Project`B"is made by Mr. Mabon, seconded by Mr. Lynch. • Vote 4-0,Unanimous. • A motion to approve the Small Project as proposed and recommended is made by Mr. Mabon, seconded by Mr. Lynch. • Vote 4-0,Unanimous. Documents 21 Periwinkle Way-Small Project Plan, 2022031 S_162726, 2022031 S_162743, 2022031 S_162757, 20220315_162803, Small Project Application with Supporting Materials 03 16 22 Request for Determination of Applicability 268 Raleigh Tavern Lane(Attallah) • Mr. Mabon recuses from the discussion. • The Administrator states a continuance to the April 13, 2022 is required due to a lack of quorum. Enforcement OrderlViolation 268 Raleigh Tavern Lane(Attallah) • Mr. Mabon recuses from the discussion. • The Administrator states a continuance to the April 13, 2022 is required due to a lack of quorum. 40 Flagship Drive(DWT Holdings,LLC) • The Administrator states the Applicant is pursuing signatures for the NOI, fines continue to accrue. The site is stable,no activity is occurring as directed in the Enforcement Order. • A motion to continue to April 13, 2022, is made by Mr. Lynch, seconded by Mr. Mabon. • Vote 4-0,Unanimous. 242-1826, 175 Old Cart Way(Patel) • The Administrator provides background on the Order issued in November 2021. An Enforcement Order was issued for the start of work prior to pre-construction requirements being met. As of this morning all outstanding pre-construction requirements have been met and the project is back in compliance. • A motion to ratify the Enforcement Order is made by Mr. Lynch, seconded by Mr. Mabon. • Vote 4-0,Unanimous. • A motion to lift the Enforcement Order is made by Mr. Lynch, seconded by Mr. Mahon. • Vote 4-0,Unanimous. Documents EO- 175 Old Cart Way DEP#242-1826 242-1692, 1210 Osgood Street(Princeton Properties ManagementlLIPT Osgood Street,LLC) • The Administrator states a continuance has been requested. • A motion to continue to May 24, 2022,is made by Mr. Lynch, seconded by Mr. Mabon. • Vote 4-0,Unanimous. Documents Email from.°brown cfprincetonprroperties.com requesting a continuance until 5124122 Foster Street-Heating Oil Spill Update • The Administrator states an amended Enforcement Order was issued with a number of directives and deadline timetable. Clean Harbors has been responsive, all the immediate action materials have been provided as requested. The Administrator provides a rundown of the materials which have been received to date. Areas of excavation have been coordinated with the Town Engineer. Permission for boats or floating platforms have 2022-03-23 Conservation Commission Minutes Page 4 of 5 Approved 0412712022 not been requested. A Revised three week look ahead was provided. A Sampling Plan was provided and reviewed by the Town's Third Party Peer Reviewer. Signage has been posted as requested_ Sampling in the field has started. Staff site inspections are conducted daily, any anomalies are reported to the Town's LSP and shared with Clean Harbors. The RP's have been in contact with NHESP as required by the EO. • Mr. Lynch expresses concerns with the quality of daily reporting done by Clean Harbors and questions if NHESP has visited the site. • The Administrator states she does not believe NHESP has visited the site. • Mike Sabulis, GEI Consultants, attending remotely states they requested Clean Harbors look into the potential for odor mitigation systems for consideration by the NACC as well as perimeter air monitoring for soil removal in the wetland complex area and residence. He believes Containment Control Plans for supporting excavation/remediation are forthcoming pending the outcome of nature and extent investigations. • Allen Walker, Clean Harbor, attending remotely states this was not proposed while the Ecological Risk Assessor was conducting the sampling program to prevent impacting the true sampling results. Excavation along the road crossing of the brook has been conducted. • Tony Rodolakis,Wood Environment, attending remotely states the sampling program was completed today. No petroleum sheens were found within the mainstream channel;no petroleum was observed while conducting sediment samples. Petroleum sheen was observed upstream of the third level boom when vegetation was disturbed,based on observations the booms appear to have contained the petroleum. Biological sheen was also observed downstream where the water was shallow when the sediment was disturbed. Documentation will be compiled, and a figure provided to Clean Harbors. • Mr. Walker states the analytical results should be back in a week; findings will follow. • Mr. Capachietti would like to know if there are plans to sample further downstream after the rainfalls predicted later this week. • Mr. Walker states there are no plans for additional testing at this time. • Mr. Rodolakis states the petroleum sheen is contained. He believes there is capacity since the water level within the marsh has dropped 6 to 8-inches over the past three days. • Mr. Manzi expresses concerns regarding disparate reporting made by Clean Harbors and Conservation Staff. He questions if sampling, observations or analysis was completed where Mosquito Brook intersects with Fish Brook,which runs north(Fish Brook/Stiles Pond, Boxford) and south(Fish Brook/Brookview Drive). • Mr. Rodolakis states while conducting sampling a Conservation staff member was noticed on-site;no contact occurred. Analytical results are not available at this time. He reviews empirical observations made the past few days. • Mr. Manzi expresses concerns that no tests or downstream observations have been made. • Mr. Walker states observations indicate that there have been no impacts at the downstream boom until recently, it is unknown if these impacts are oil or organic materials. They have seen no contamination to indicate looking beyond the downstream boom. • Mr. Manzi requests Conservation staff to go further downstream to check for possible impacts. Staff is directed to invite conservation staff from other towns if they need to go into another town. • Mr. Walker states the downstream boom was installed by MassDEP on the day of the release. He suggests the Clean Harbor staff accompany Conservation staff on the downstream inspection. • Mr. Sabulis confirms the proposed plan was expanded upon per the Ecological Risk Assessor's investigation. He requests investigation locations be depicted on a plan with an aerial background for review. He confirms some investigations were conducted within the trail closure area. • Mr. Rodolakis states a surface water and sediment sample were collected 10 to 15-feet from the trail crossing. • The Administrator requests to be cc'd on the raw data test results. • Mr. Rodolakis states a preliminary report will be ready by the April 15th deadline. The report will include interpretation of the data and possible ideas of remedial actions.Upstream samples were collected to establish a baseline. • The Commission discusses the upstream sample locations. • Mr. Manzi requests staff conduct observations upstream of the spill on Foster Street near the beaver dam, permission has been granted to access the driveway at 224 Foster Street. 2022-03-23 Conservation Commission Minutes Page 5 of 5 Approved 0412712022 • The Commission discusses the Enforcement Order; they agree with the Town's Third Party Peer Reviewer that the EO does not need to be amended at this time. • A motion to continue to April 13, 2022, is made by Mr. Mabon, seconded by Mr. Lynch. • Vote 4-0,Unanimous. Documents 02-09-2022 Meeting Materials, 02-23-2022 Meeting Materials, 03-09-2022 Meeting Materials, 3-21-22 Pies, 03-22-22 Pics, 3-23-22 Pics, 03-14-22 CH Response Materials to Amended EO, 03-15-22 Sampling Plan per AEO Cond. 16.c.i.4Y., 03-23-22 Additional GEI Comments on CHES 2022 03 15 Sampling Plan, Amended EO Deadline Timetable 03-09-22, Dead Wildlife Location Map PPT as of 3-15-22, FINAL Cont. AMENDED EO Directives Foster Street Oil Spill, GEI Markup Sampling Plan Aerial_MosquitoBrook_03152022_Fig. I General/New/Old Business Performance Bond Calculation Updates Mr. Manzi states research is ongoing, and it is not ready to be reported at this time. Adjournment • A motion to adjourn at 8:16 p.m. is made by Mr. Lynch, seconded by Mr. Mabon. • Vote 4-0,Unanimous. 2022-03-23 Conservation Commission Minutes