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HomeMy WebLinkAbout2022-05-11 Conservation Commission Minutes Page 1 of 8 Approved 0610812022 North Andover Conservation Commission Meeting Minutes May 11,2022 Members Present: Ryan D. Hale, Sean F. McDonough, Louis A.Napoli, Chairman,Albert P. Manzi,Jr.,Vice Chairman,John T. Mabon and Joseph W. Lynch Members Absent: Anthony Capachietti Staff Members Present: Amy Maxner, Conservation Administrator and Taylor Andrews,Field Inspector Meeting came to Order at. 7:05 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.nortliandoverma.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 Comcast Channel 8 or Verizon Channel 26 or online at www.northandovercaln.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 a)northandoverma.gov. The question/comment will be read during the proceedings and responded to accordingly. Acceptance of Minutes • The Administrator states the minutes for the April 27,2022 meeting are not ready for approval. • A motion to accept the minutes of April 13,2022, as drafted and amended is made by Mr. Mabon, seconded by Mr.Lynch. • Vote 5-1 (In Favor:McDonough,Napoli,Manzi,Mabon,Lynch,Abstained: Hale). Notice of Intent(NOI) 242-1837, 1260 Salem Street(Czerepak) • The Administrator states a continuance has been requested. • A motion to continue to May 25, 2022, is made by Mr.Manzi, seconded by Mr.McDonough. • Vote 5-1 (In Favor:McDonough, Napoli,Manzi,Mabon,Lynch,Abstained: Hale). Documents Email from gacksull5 4)corncast.net requesting a continuance until 5125122 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 background on the proposal. • Mike Miller, Lawrence Municipal Airport states the first round of testing showed traces slightly above the reportable limits in one well. A second round of testing was conducted in November;results came back below the reportable limits. A third round of testing was conducted as quality assurance;results came back below reportable limits. Due to these findings Stantec would like to know if the wells can be abandoned. 2022-05-11 Conservation Commission Minutes Page 2 of 8 Approved 0610812022 • The Commission discusses the ground wells and agrees they serve a beneficial purpose and should remain operational. Ongoing monitoring will be required twice a year once during seasonal high water and again during low water. • The Administrator states that the top flat part of the site is slated to receive rap with the side slopes to receive hydroseeding and erosion control blankets. • Mr. Manzi states that once a final proposal has been submitted,he would like to conduct a site visit to get a better idea of what is being proposed. • Rob DeRosa,Positive Start Realty is present remotely.He questions if a peer review will be conducted on the original plans. • Mr. Lynch states an official plan must be submitted so the NACC may determine what level of peer review is appropriate. The final plan should be agreed upon by the Applicant and the Lawrence Municipal Airport. • No abutters are present. • A motion to continue to June 8,2022, is made by Mr. Lynch, seconded by Mr.McDonough. • Vote 4-1-1 (In Favor: McDonough,Manzi,Mabon,Lynch,Recused:Napoli,Abstained: Hale). Documents 01-27-2021 Meeting Materials, 02-23-2022 Meeting Materials, 04-28-2021 Meeting Materials, 06-10-2020 Meeting Materials, 08-11-2021 Meeting Materials,12-09-2020 Meeting Materials, 2022 Groundwater Report for the Dynamic Waste Inc Site,MWI GW Pb GCL18428 Excel LAWRENCE AIRPORT-1 Notice of Intent(NOI) 242-1839, 1160& 1116 Great Pond Road(Brooks School) • The Administrator states the Town's third party peer review comments have been satisfied.A conceptual plan was submitted showing the boathouse outside the 50-foot NBZ per the NACC's request. The existing gravel drive between the boathouse and the lake has been eliminated and replaced with reinforced lawn.A copy of the Brooks School Fertilization Program was provided. The Planning Board scheduled a site visit for May 24th, Commission members are welcome to join. The Planning Board anticipates making a decision by its June 7th meeting. • Mr. Lynch requests additional details be provided in the construction sequence. • Anthony Cleaves,Whitman&Bingham Associates states once the Conservation Commission and Planning Board are satisfied a full set of engineered plans will be submitted. He agrees to provide more detail to the construction sequence. The existing gravel drive between the boathouse and the lake has been eliminated in favor of reinforced lawn to address the Commission's concern over the potential for long term erosion/sedimentation into the lake. • Andrew Leonard,A.T. Leonard&Associates explains what it means to have reinforced lawn. A cut sheet and a.detail will be provided as requested by the NACC. • Mr.Napoli requests a construction sequence for the driveway and that elevations be added to the plan. • No abutters are present. • A motion to continue to May 25, 2022,is made by Mr.Lynch, seconded by Mr. Manzi. • Vote 5-1 (In Favor:McDonough, Napoli,Manzi,Mabon,Lynch,Abstained: Hale). Documents 04-13-2022 Meeting Materials, 220425_PeerReview1160 GreatPondRoad, 220428 Brooks School Boathouse-Proposed Layout Update, 220502_2ndPeerReview1160 GreatPondRoad, Brooks Boathouse Faculty Housing Conservation update, Brooks School Fertilization.Program Notice of Intent(NOI) 242-1842,Lorraine Avenue(Kindred) • The Chairman states that the Commission will only discuss how the wetland regulations pertain to the proposal. • John Morin,Morin-Cameron Group,Inc.provides a recap of the proposal heard at the last meeting. The detail for the infiltration trench on the eastern side of Lorraine Avenue has been modified to show the filter fabric as recommended. A stone infiltration trench with perforated pipe and loam and seed was added to the westerly 2022-05-11 Conservation Commission Minutes Page 3 of 8 Approved 0610812022 side of Lorraine Avenue per the discussion at the last meeting. This trench will resurface with stone approximately 10-ft from the 210 Andover property due to the existing topography.An O&M Plan has been submitted as a separate document for consideration. The proposal has been revised to include paving the existing gravel driveways at 10& 15 Lorraine Avenue. The driveway for 15 Lorraine Avenue will be moved outside of the 50-foot NBZ,and the portion of the existing gravel driveway will be removed, and the area loamed and seeded. The paving of 15 Lorraine Avenue was previously approved by the NACC under DEP# 242-1479;however,the work was never done, and the Order has expired. He does not believe the paving of these areas will have an impact on the Buffer Zone or Resource Areas. • Mr. Lynch states he agrees with the abutters attorney that the NOI is not properly before the Commission. • Mr.Morin states they will speak with the abutter to obtain the final signature on the NOI. The original submittal was rejected due to the fact that it was missing signatures. However,the second time the application was submitted it was Town Counsel's opinion that all signatures were not required. • The Commission discusses the NOI and agrees they are happy with the design aspect,but no action will be taken until the appropriate signatures have been obtained. • No abutters are present. • A motion to continue to May 25, 2022, is made by Mr.Manzi, seconded by Mr. McDonough. • Vote 5-1 (In Favor: McDonough,Napoli,Manzi,Mahon,Lynch,Abstained: Hale). Documents 04-27-2022 Meeting Materials, NACC Ltr, North Andover Conservation Commission Letter 4.27.2022, Site Plan Rev 5.10.2022 Notice of Intent(NOI)&Enforcement OrderNiolation 242-1843, 1761 Salem Street(Viera) • The Administrator provides a recap of the proposal heard at the last meeting. Corrective actions have been taken and a revised plan has been submitted depicting all activities proposed by the Applicant.Photos have been provided showing the clean-up of the encroachments and violations. A site inspection was conducted by the Field Inspector and the EO has been complied with. The design has been approved by the BOH. • Mr.Napoli questions if property lines have been surveyed and marked. • Thor Akerley,Williams&Sparages,LLC is present remotely on behalf of the Applicant. He states that the property lines should be close to accurate and explains how they are determined in this situation. He believes that the wetlands that impact the project are located on the Applicant's property.If required by the NACC, the property can be surveyed and marked. • Denis Hamboyan, 50 Campbell Road states that dumping has occurred on his property as well as 20 Campbell Road. He believes it is important to know where the property lines are. They will be out of the country and unable to attend the next meeting. • The Commission discusses the property line between 20& 50 Campbell Road and agrees it must be surveyed and the property line flagged in the field. They request the plan be revised showing the debris pile behind the house with a notation on the plan that it is to be removed. • A motion to lift the Enforcement Order is made by Mr.McDonough, seconded by Mr. Manzi. • Vote 5-1 (In Favor: McDonough,Napoli,Manzi,Mabon,Lynch, Abstained: Hale). • A motion to continue to May 25,2022,is made by Mr.McDonough, seconded by Mr. Lynch. • Vote 5-1 (In Favor: McDonough,Napoli,Manzi,Mabon,Lynch,Abstained: Hale). NOI Documents 04-27-2022 Meeting Materials, Septic System Repair Plan-1761 Salem Street_R2 Enforcement Order Documents Enforcement Order-1761 Salem Street 04-27-22 Request for Determination of Applicability 288 Foster Street(Goland) • The Administrator states the proposal is for the installation of a new septic system and associated grading to replace an existing septic system. The new system falls partially within the existing footprint of the current 2022-05-11 Conservation Commission Minutes Page 4 of 8 Approved 0610812022 system and shifts to the west. A soil stockpile area is proposed near the house, outside of the 100-foot Buffer Zone.No soils are expected to be stockpiled on site;they will be taken off daily. Conservation Staff visited the site and reviewed the wetland line. The closest wetland is located across the street on Town property in an area which is mowed regularly. Based on findings the closest wetland flag was moved upgradient approximately 17-ft.A revised plan has been received depicting this change. The work is approximately 68-ft from the wetland, outside 200-foot Riverfront to Mosquito Brook. During the site inspection Staff noticed grass clipping dumped within the 25-foot NDZ to the wetland across the street. The system design has been approved by the BOH. • Tim Goland,the Applicant, admits he has been dumping his grass clippings across the street and agrees to clean up the debris. • The Commission discusses the dumping on Town property and agrees this must be cleaned up by the Applicant. Conservation Staff is directed to place a monument and wetland marker on the current post to serve as a reminder that dumping is not allowed. • The Administrator recommends issuing a Negative Determination#3 with conditions requiring the grass clippings to be removed and pre and post construction meetings with erosion controls. • No abutters are present. • A motion to issue Negative Determination#3 with conditions as recommended is made by Mr.McDonough, seconded by Mr.Lynch. • Vote 6-0,Unanimous. Documents 288 Foster RDA SP 05 09 22, 288 Faster RDA SP, 288 Foster RDA, 288 Foster Receipts, 20220509_141835,20220509 142032 Certificate of Compliance 242-1798,1592 Salem Street(Hopkins) • The Administrator provides background on the Order issued in November of 2020. Per the engineer's certification letter,the only deviations included shifting the location of the infiltration trench to the appropriate downslope side of the garage roof and a reduction in the amount of driveway extension paving. The site is stable and erosion controls have been removed. • A motion to issue a full and final Certificate of Compliance is made by Mr.McDonough, seconded by Mr. Lynch. • Vote 6-0,Unanimous. Documents 1592Salem.CertificateOfComplianee Small Project NACC#138,Friends of North Andover Trials (VMP) • The Administrator provides background on the Small Project permit issued in March of 2015.An updated VMP was submitted by FONAT;the proposal has not changed significantly since 2015. • Mr. Lynch would like to know if the areas proposed for vegetation management at Foster Farm are part of the trail network the NACC is looking to stay out of until the oil release has been cleaned up. • The Administrator confirms one of the trails was closed due to the oil spill, signage is posted. • The Commission agrees that no vegetation management may take place on the trails that have been closed down by the NACC at Town Farm until the oil spill conditions have been abated and the trail system on this property has been reopened. They request that FONAT be cognizant of date limitations for vegetation management at Boston Hill due to the Frosted Elfin habitat. They encourage FONAT to consult with the Conservation Field Inspector for guidance on how to manage and properly dispose of invasive plant species. • Glen Aspeslagh,FONAT explains how they manage bittersweet,which is the only invasive species they deal with regularly. • The Administrator recommends issuing a Small Project"L"requiring notifying ConCom 2-days prior to any work, any work within 25-ft must be conducted using hand tools only,power tools may be used outside of the 2022-05-11 Conservation Commission Minutes Page 5 of S Approved 0610812022 25-foot NDZ,branches and debris must be removed from the property using bags, all invasive species shall be removed from the site and disposed of properly,the permit will expire in 5-years. • A motion to accept this as a Small Project"L"is made by Mr.McDonough, seconded by Mr.Manzi. • Vote 6-0,Unanimous. • A motion to approve the Small Project as recommended and discussed is made by Mr.McDonough, seconded by Mr.Manzi. • Vote 6-0,Unanimous. Documents 2015 VMP Small Project Permit approval, 2022-2027 Renewal Req. -FONAT Trail VMP Enforcement Order/Violation Foster Street-Heating Oil Spill • The Administrator states the ecological impact/risk evaluation was submitted on time;no fines were assessed. The April 27, 2022 memo from Clean Harbors and the ecological impact/risk evaluation have been reviewed by the Town's Third Party Peer Reviewer. A comment letter from GET was sent today, no response from Clean Harbors has been received. The initial information required in the EO by the NACC has been provided however the Town's Third Party Peer Reviewer has requested additional information and investigation. • Mike Sabulis, GEI Consultants, attending remotely states they understand the investigation was preliminary but believe more information is needed to evaluate the nature and extent of the wetland. Areas requiring additional investigation are upgradient of the Foster Street culvert and downward toward transect SD-2.The statements on ecology appear to be premature, additional observations through the spring and summer growing seasons are needed to better understand the impact/damage to the wetland complex. They believe the oil present in the hummocks in and around the SD-2 transect function as a potential exposure pathway for ecological receptors.Additional details regarding hummock washing/soil washing is required. A component of the EO required an evaluation of remedial options,not a singular remedial option. • Mr. Lynch confirms that the nature and extend has been defined. • Mr. Sabulis states the nature and extent has been identified,not defined. He believes the next step to better understand the nature and extent of near where there are impacts needs to be done quickly. He states the risk to the ecological and human health receptors is what will drive the remedy. • Mr.Mabon requests GEI provide more focused recommendations to Clean Harbor and Wood Environmental. He questions if transect SD-4 is also an area of concern. • Mr. Sabulis states Wood Environment recommended forensics on SD-4 because there might be some confounding sources. • Tony Rodolakis,Wood Environment,attending remotely states large cobbles had to be moved in order to collect samples at the SD-4 location. Given the nature of the material it is his belief that the oil could not have penetrated below the thick layer of cobbles in such a brief time. He believes that forensic evidence may be able to establish this more clearly. • Mr. Manzi reads from GEI's letter dated May 11,2022 regarding the impacts to ecology. He expresses concerns that no nesting species have been observed at Mosquito Brook. Conservation Staff alerted the Commonwealth of Massachusetts about the spill to stop them from stocking the brook. He suggests the NACC hire a third party to conduct an ecological assessment. • Mr. Rodolakis states there were a number of species present when the field sampling was conducted,these findings were reported in the preliminary technical memorandum. He states observations are reported and that regulations, guidelines, standard operating procedures and best practices are followed. • Allen Walker, Clean Harbor, attending remotely states Clean harbors staff was onsite today and that a number of Canadian geese were present in the meadow. • Mr.Rodolakis agrees that they need to balance some of the detections in the upper reach of the release area. He does not believe there is a 20%decrease in the populations of the marsh from a 5%area. The only area they detected an odor or saw sheening was near the SD-2 location.Based on test results he believes it is a localized issue. 2022-05-11 Conservation Commission Minutes Page 6 of S Approved 0610812022 • Mr. Sabulis states they are not disputing Wood Environment's findings. They are requesting more data to determine the impact and feel the statement is premature. • Mr.Napoli expresses concerns with the lack of productivity. • Mr.McDonough agrees the Commission is skeptical of Clean Harbor response and is concerned about the follow up. • Mr. Hale feels without baseline data it would be difficult to determine whether there has been any changes in wildlife or vegetation due to the spill. • Mr. Manzi proposes the NACC engage an ecological risk assessor to conduct an independent risk assessment and report back to the Commission. He believes the impacts are greater than what is being reported. • Mr.Rodolakis states the next step is to better identify the nature and extent of petroleum hydrocarbons in the wetland area. Once this is completed, a"stage one"environmental screening will be conducted. The environmental screening compares the detected concentrations to ecological screening benchmarks as recommended by the state.If the numbers are above the screening values a"stage two"risk characterization will be conducted to look at other lines of evidence.He requests an interim meeting with GEI and a subcommittee of Commission members to exchange ideas and help accelerate the schedule. • Mr. Lynch questions whether they intend to look at the wildlife to determine how they have been affected. • Mr.Rodolakis states they are following the regulations set forth by the Massachusetts Contingency Plan. • Mr. Sabulis states the information provided is in accordance with the Enforcement Order however they are following the requirements of the Massachusetts Contingency Plan. He believes the baseline data will dictate the next steps. • The Administrator states Town Council placed the responsible parties'insurance company on notice. • The Commission agrees there is not enough support at this time to form a subcommittee. They question if the evaluation on impacts of ecology habitat Flora and Fauna will be ready for review at the next meeting. • Mr.Rodolakis requests additional time to review GEI's May 11, 2022 comment letter in detail and prepare an outline of the next steps. • Mr. Sabulis suggests that if calls/meetings are required both he and the Administrator attend. • A motion to continue to June 8,2022,is made by Mr. Manzi, seconded by Mr. Lynch. • Vote 6-0,Unanimous. Documents 02-09-2022 Meeting Materials, 02-23-2022 Meeting Materials, 03-09-2022 Meeting Materials, 03-23-2022 Meeting Materials, 04-13-2022 Meeting Materials, 04-27-2022 Meeting Materials, 04-27-22 CH's Summary Findings, Remedial Recommendations, 05-02, 05-03-22 Logs, 05-04, 05-05-22 Logs, 05-05-22 Prelimanary_Tech_Memo_Wood Rev 1,Amended EO-Foster Street Oil Spill 04 27 22, Foster St Oil Spill Investigation Findings Review May 2022, GEI's Comments on 04-27-22 CH's Memo Enforcement Order/Violation 121 Amberville Road(Wong) • 9:46p.m. Mr.Manzi leaves the meeting. • Nancy Wong,the homeowner,is present remotely. She states she has removed most of the pea stone as required. • The Administrator states the NACC issued an EO for the restoration of the 25-foot NDZ next to BV W containing a vernal pool. A letter from the consultant was submitted today with findings and efforts to date. A site visit was conducted by the Field Inspector, as of today the only directive carried out was the removal of the pea stone. The mulch,non-native plants and steps have not been removed as directed. • 9:49p.m. Mr. Manzi rejoins the meeting. • Ms. Wong states the steps have been there since 2017, she requests they remain for accessibility. • Mr. Lynch states it is his opinion that the unauthorized work must be fully restored. • Bob Prokop,Wetland Consulting Services is present remotely on behalf of the homeowner. The March 8th restoration plan proposed removing the pea stone and replacing it with native vegetation. They propose to retain the stairs and non-native herbaceous plants on the slope as these are not considered nuisance species. 2022-05-11 Conservation Commission Minutes Page 7 of 8 Approved 0610812022 • Mr. Lynch directs Conservation staff work with the consultant and homeowner to explain the NACC's expectations. The unauthorized work is a violation to the subdivision OOC and Perpetual Conditions of the Certificate of Compliance. • The Administrator states the steps are in the 25-foot NDZ and will need to be removed. She offers to meet with the Homeowner to take measurements and provide additional directives. • Mr. Manzi reminds the homeowner that an Enforcement Order is in place. The homeowner is instructed to follow the directives outlined in the EO, no exceptions, appeals or waivers will be granted. • The Field Inspector states that additional mulching was conducted after the EO was issued. • The Commission agrees to amend the EO to institute fines beginning today for non-compliance with the EO until compliance with the EO is reached. • A motion to amend the Enforcement Order is made by Mr. Manzi, seconded by Mr. McDonough. • Vote 6-0,Unanimous. • A motion to continue to May 25,2022, is made by Mr.Lynch, seconded by Mr. McDonough. • Vote 6-0,Unanimous. Documents 01-12-2022 Meeting Materials,03-09-2022 Meeting Materials, WCServices 05-10-22 EO Follow Up Report Enforcement OrderNiolation 58 Empire Drive(DeJesus) • The Administrator states the grill has been moved to a location outside of the 25-foot NDZ per the EO. • A motion to lift the Enforcement Order is made by Mr.Manzi, seconded by Mr. Mahon. • Vote 6-0,Unanimous. Documents 58 Empire Drive-Enforcement Order 04 29 22, 20220430_094416 Enforcement OrderNiolation 40 Flagship Drive(DWT Holdings,LLC) • The Administrator states the NOI has been signed by the downstream abutters. The consultant is waiting for the final fee checks and stamped plan from the Applicant to submit the application. • A motion to continue to May 25, 2022, is made by Me.McDonough, seconded by Mr. Lynch. • Vote 5-1, (In Favor:McDonough,Napoli,Manzi,Mabon,Lynch,Abstained: Hale). Documents 01-12-2022 Meeting Materials, 01-26-2022 Meeting Materials, 07-14-2021 Meeting Materials, 08-11-2021 Meeting Materials, 09-08-2021 Meeting Materials, 09-29-2021 Meeting Materials, 10-13-2021 Meeting Materials, 10-27-2021 Meeting Materials, 12-08-2021 Meeting Materials Decision 242-1840,Millpond Townhomes Clubhouse(Millpond Homeowners Assoc.) • 10:04p.m. Mr. McDonough leaves the meeting. • The Administrator reviews the drafted Order of Conditions. • 10:07p.m. Mr. Hale leaves the meeting. • 10:07p.m. Mr.McDonough rejoins the meeting. • The Commission discusses the bond which will be set in the amount of$2,000. Dewatering BMP's must be on site at the pre-construction meeting. • A motion to adopt the Order of Conditions as drafted and amended is made by Mr. Manzi, seconded by Mr. McDonough. • Vote 5-1, (In Favor:McDonough,Napoli,Manzi,Mabon,Lynch,Abstained: Hale). Decision 242-1841,479 Lacy Street(Windrush Farm) • 10:09p.m. Mr. Hale rejoins the meeting. • The Administrator reviews the drafted Order of Conditions. 2022-05-11 Conservation Commission Minutes Page 8 of 8 Approved 0610812022 • The Commission discusses Condition 451,the corners of the CR are required to be monumented with granite posts. • A motion to adopt the Order of Conditions as drafted is made by Mr.Manzi, seconded by Mr. Mabon. • Vote 5-1 (In Favor:McDonough,Napoli,Manzi,Mabon,Lynch,Abstained: Hale). Adjournment • A motion to adjourn at 10:10 p.m. is made by Mr. Lynch, seconded by Mr. McDonough. • Vote 6-0,Unanimous. 2022-05-11 Conservation Commission Minutes