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HomeMy WebLinkAbout2023-03-22 Conservation Commission Minutes Page 1 of 5 Approved 0611412023 North Andover Conservation Commission Meeting Minutes March 22,2023 Members Present: Joseph W. Lynch, Sean F. McDonough,John T. Mabon, Louis A.Napoli, Chairman,Albert P. Manzi, Jr., Vice Chairman and Ryan D. Hale Members Absent: Anthony Capachietti Staff Members Present: Amy Maxner, Conservation Administrator Meeting came to Order at: 7:02 p.m. Quorum Present. Pledge of Allegiance Acceptance of Minutes • A motion to accept the minutes of March 8, 2023 as drafted is made by Mr. Mabon, seconded by Mr. Manzi. • Vote 6-0,Unanimous. Small Project NACC#304,37 Court Street(Weaver) • The Administrator states the proposal is for the removal of a failing fireplace/chimney, 98-ft from the wetland. The chimney will not be replaced,the footing will be removed and the hole filled and seeded. She recommends issuing a Small Project"L"requiring pre and post construction inspections. • John Weaver the Applicant is present. • A motion to accept and approve this as a Small Project"L"with conditions as recommended is made by Mr. McDonough, seconded by Mr. Lynch. • Vote 6-0,Unanimous. Documents Small Project Application with Supporting Materials 03 10 23 Certificate of Compliance 242-1821,217 Gray Street(Miller) • The Administrator provides background on the OOC issued in July 202, Modified in October 2021. Mowing between WF A10 and A14 has ceased and wetland markers installed as required in the Order. The installation of eight(8)Arborvitaes outside of the 50-foot NBZ was approved administratively. Deviations to the plan include walkways which are located outside of the 50-foot NBZ. All other elements of the project are in compliance with the OOC. She recommends issuing a full and final COC with ongoing conditions. The playground was present at the time of the NOI application. • A motion to issue a full and final Certificate of Compliance is made by Mr. McDonough, seconded by Mr. Mabon. • Vote 6-0,Unanimous. Documents 217 Gray Street-As Built Plan 02 24 23, 217 Gray Street- COC Request Materials, 20220525_121247, 20230320 150026, 20230320 150029 Certificate of Compliance 242-628,Partial COC Request, 64 Meadowood Road(Mohammed/Eltigani) • The Administrator provides background on the OOC issued in November 1992. The rear deck was constructed at the same time as the house and later converted to an enclosed porch in 2001 via a building permit with Conservation sign-off. The side deck has been present since 2005, no building permit was obtained for the construction of this deck. The property has changed hands (5) five times since the house was built,the site is stable. A small portion of the stairs are within the NDZ and a small corner of the enclosed porch is located within the NBZ. 2023-03-22 Conservation Commission Minutes Page 2 of 5 Approved 0611412023 • Mr. Mabon expresses concerns that elements violate the NBZ and NDZ. • Mr. Lynch questions why the original OOC has not received a full Certificate of Compliance. • Stephen Stapinski, Merrimack Engineering provides background(re zoning and reduced setbacks per Town Meeting approval to produce more housing in Town) on the subdivision. A roadway as-built plan was completed and submitted to the Planning Department and Department of Public Works. The deck was not called out on the original plan however it was signed off by the previous Administrator with special conditions that it be cantilevered. • The Commission discusses the Certificate of Compliance request and agrees that the property is non- compliant. They request the Administrator check to see if the NACC holds a bond for the project, if so,they would like to explore seizing the bond to reach compliance for the original Order. • Mr. Stapinski inquires what type of application is required to bring the site into compliance. • The NACC discusses the violation and agrees this work may be done via Enforcement Order. A plan must be submitted for review by the Commission. • A motion to deny the request for Partial Certificate of Compliance is made by Mr. Manzi, seconded by Mr. McDonough. • Vote 6-0,Unanimous. Documents 64 Meadowood Road-As Built Plan 08 08 22, 64 Meadowood Road- COC Request Materials Notice of Intent(NOI) 242-1866, 104 Bonny Lane(Gaffny) • The Administrator states the project consists of installing an in-ground swimming pool with associated pervious paver patio,retaining wall,fencing and dry well for end of season pool drawdown. A section of existing fence will be removed from within the 25-foot NDZ and allowed to naturalize. (6) Six trees are slated for removal(3)three of which are in the outer reaches of the Buffer Zone,the remainder are non- jurisdictional. Approval from ZBA and the Planning Board have been received. A third-party peer review was conducted by Horsley Witten and a Pool and Patio Operation&Maintenance Plan has been provided. The delineation was reviewed and found to be accurate. The pool will be 56.7-ft from the wetland and the patio will be just outside the 50-foot NBZ. The construction access, stockpile location and erosion controls are depicted on the plan. • Patrick Gaffny,the Applicant is present. • Dennis Grecci,Andover Consultants explains the seasonal process for the pool drawdown using the drywell. He does not know what the gallon amount would be. The maintenance company doing the drawdown should know the State Municipal requirements for dechlorination of the pool water. Additional language can be added to the operation maintenance if required by the NACC. • Mr. Mabon expresses concerns about the possibility of contaminated water polluting the site. • The Commission discusses the drywell and filtration system. • The Administrator states a cartridge style filtration system is required. • No abutters are present. • A motion to close and issue in 21 days is made by Mr. McDonough, seconded by Mr. Lynch. • Vote 6-0,Unanimous. Documents 104 Bonny Lane_Compiled NOI, 104 Bonny_O&MManual rev 2022-12-06, 2022-12-06 104 Bonny Lane proposed site plan, 221214_3rdPeerReview BonnyLane, 20230313_151343, 20230313_151535, 20230313_151611, Maps 104 bonny, Narrative 104 Bonny Notice of Intent(NOI) 242-1865, 1845 Turnpike Street(He) • The Administrator states the proposal is for an irregular shaped addition and associated roof infiltration dry well. The existing rear deck and stairs will be replaced in the same footprint. The deck,which is original to the home,will be converted to a 4-season room. A waiver request has been submitted to allow for 2023-03-22 Conservation Commission Minutes Page 3 of 5 Approved 0611412023 construction access within the 25-foot NDZ and 50-foot NBZ. The front steps will be removed to allow equipment access and replaced when work is completed. The addition will be supported by a slab on grade with a 5 ''/z-ft frost wall, no grading proposed. The wetland delineation is accurate, aside from Staff moving WF 3A upgradient which does not impact the project as proposed. During the site inspection a small plastic shed and concrete pad were observed within the 25-foot NDZ. The existing shed will be relocated and the concrete pad removed. The driveway footprint is original to the home. • Stephen Stapinski, Merrimack Engineering explains how the block frost wall will be constructed for the new addition, a bobcat will be required.New Sono tubes dug by hand will be required for the deck enclosure. • Mr. Lynch expresses concerns with construction access in proximity to what appears to be the septic system. • The Commission discusses the construction access to the proposed addition and agrees a monitor will be required to ensure no heavy equipment is used. It was agreed that a waiver request is not required to enclose the existing rear deck. The NACC requests the Applicant show how the roof runoff for the enclosed deck will be managed and definitive access plans for the foundation and footings be provided for review at the next meeting. • No abutters are present. • A motion to continue to April 12, 2023, is made by Mr. Manzi, seconded by Mr. Mabon. • Vote 6-0,Unanimous. Documents 1845 Turnpike (Lot])As-Built Plan, 1845 Turnpike Pies, 13075SP01, NOI 1845 Turnpike, NOI Plan - 1845 Turnpike WF3A moved, Proof of Mailing 0313 23 Notice of Intent(NOI) 242-1864,42 Jay Road(Mitchell) • The Administrator states the proposal is for the replacement of an existing septic system. The new system will be approximately 69-ft from BVW, no work within the 50-foot NBZ is proposed. A soil stockpile is depicted on the plan and is proposed to be surrounded by erosion controls. A dewatering detail is shown on the plan, a location has not been determined. Two(2) ornamental trees within the lawn area are proposed for removal. Once work has been completed all disturbed areas will be loomed and seeded. The wetland line was reviewed and found to be accurate. • Stephen Stapinski, Merrimack Engineering is present on behalf of the Applicant. • The Commission discusses the proposal and requests a copy of the plan received and approved by the BOH be provided. • No abutters are present. • A motion to continue to April 12, 2023, is made by Mr. Manzi, seconded by Mr. Lynch. • Vote 6-0,Unanimous. Documents 42 Jay Rd NOI App (1), 42 Jay Rd NOI App (2), 42 JAYRD. NORTHANDOVER-CONCOM, 20230313_142902 General/New/Old Business Seekamp Proposal for follow up monitoring at Foster Street Oil Spill • The Administrator states Seekamp Environmental has submitted a proposal at the request of the Vice Chairman to determine if any residual impacts have occurred since the initial ecological assessment. • Mr. Manzi feels it is important to collect additional data due to the vernal pools,BLSF and migratory bird nesting which normally occurs. • Mr. Mabon questions if the definition of damages and recommendations will be provided. • The Commission reviews the proposal and discusses how to fund the assessment. • A motion to authorize the Conservation Administrator to spend the amount not to exceed$1,650 for the purpose of conducting environmental habitat assessment for Foster Street and said funds to be first expended from the budget and if not available to be come from the filing fee account is made by Mr. Lynch, seconded by Mr. Manzi. 2023-03-22 Conservation Commission Minutes Page 4 of 5 Approved 0611412023 • Vote 5-1, (In Favor: Lynch,McDonough,Mabon,Manzi,Hale, Opposed:Napoli). Documents 02-09-2022 Meeting Materials, 02-23-2022 Meeting Materials, 03-09-2022 Meeting Materials, 03-23-2022 Meeting Materials, 04-27-2022 Meeting Materials, 05-11-2022 Meeting Materials, 06-22-2022 Meeting Materials, 07-13-2022 Meeting Materials, Proposal#2 Amendment to Order of Conditions 242-1692, 1210 Osgood Street(Princeton Dev. & Forgetta Dev.) Mr. Napoli recuses from the discussion due to a conflict of interest, and Mr. Manzi steps in as Chair. Mr. Hale is not eligible to vote on the Amendment to the Order of Conditions. • 8:45 p.m. Mr. Napoli and Mr. Hale leave the meeting. Mr. Lynch provides an update on the subcommittee meeting. Mr. Mabon states it is important that the shutdown criteria for the pH buffering system relate to the data of the scatter graph. He proposes the NACC retain the average and range criteria(6.5pH to 8.3pH with no single reading above 9pH) decided on during the subcommittee meeting and add a precondition statistical requirement(1-yr)to define the 95%confidence interval. After some discussion,Mr. Mabon clarifies that his proposal does not eliminate the 30-day 8.3pH average and 60-day monitoring protocol,but adds, as a starting gate,the 95% confidence interval for the previous 12-mos. that would be precursor to even considering commencing shutdown. He notes no additional data is to be taken,rather data that has been logged for the previous 12-mos. would be used to perform that 95%confidence calculation. • Mr. McDonough questions if weather conditions affect the water flow and pH levels. Discussion ensued as to the definition of wet and dry events and their timing. Atty. Jeff Brown, Princeton Properties states he is unfavorable to the 1-yr statistical requirement defining the 95% confidence interval. He reviews the pretest shutdown criteria and 30-day test shutdown period. He suggests a 6-mo window; seasonal protection(2 rain events and 2 dry events)has been built into the requirements. The pH measurements depicted on the scatter graph represent every 3-days, increasing readings to daily would triple the amount of data. Due to current conditions testing will not start for 2 '/z-3 yrs. • Mike Sabulis, GEI Consultants suggests the NACC and Applicant consider"wet events"to be rain events between '/4"to ''/z"of rain. He feels the 1-yr requirement will build confidence in the data set before starting the 30-days. A reading above 9pH would restart the 30-day time period. • Mr. Lynch states in order to start the shutdown process the scatter graph needs to tighten up and the trend line should fall below the 8.3pH,with no readings above 9pH. The Commission reviews the Groundwater Treatment System Operation and Maintenance Schedule and Shutdown Evaluation Criteria document. They agree the 95% confidence interval in the 30 and 60-day period will be struck from the Monitoring of pH- Treatment System, and inserting a new#1 under Shutdown Criteria to calculate the 95%confidence interval for the preceding 12-mos. that then allows for the 30-day testing to begin. • Atty. Brown requests they be allowed to place a probe in sump#1, lowest gradient vs.probes in all sumps due to the cost associated with the probes. Discussion ensues,with Mr. Lynch stating that the Commission needs the data at each sump and suggests that Atty. Brown works with LRT and his client on how that gets accomplished. • John Henry,Lockwood Remedial Technologies, LLC states sump#1 is the sump that was installed during the original breakout and it is the lowest invert of the interceptor trench as well as the pathway towards the nearest wetland. Water is collected from all four(4) of the sumps which are connected by a French drain.To have an effective shutdown the pumps must be completely shut down. The Commission agrees this is a conversation they should have with the client; the data is needed. The Administrator states the Order of Conditions expires on April 19, 2023. • Atty. Brown states the operating and maintenance budget for the Groundwater Treatment System for 1-yr of operation will be $43,170. He proposes to utilize the existing$30K bond and add$13,170 to make the $43,170 to provide for 1-yr of operation as cash bond and establish a letter of credit with Bank of America in the amount of$250,000 to the Town of North Andover for additional operating expenses. Funding of the 2023-03-22 Conservation Commission Minutes Page 5 of 5 Approved 0611412023 escrow account will continue to be done in increments of$5,000 as needed. Operation costs are expected to decrease over time due to the reduction of equipment and monitoring. He explains that the $250,000 is 1.5- times the projected 3 /z-yr. timeline,providing over 4 '/z-yrs. of O&M costs available to the Commission should LaSalle fail to operate the system or address the trigger events as outlined by Mr. Sabulis. • Edits to the draft AOOC are provided to the Administrator for consideration. • Mr. McDonough expresses concerns with the letter of credit vs. a cash bond. Discussion ensues regarding the method for performance monies and amounts. • A motion to continue to a Special Meeting on April 10,2023, is made by Mr. Lynch, seconded by Mr. McDonough. • Vote 4-1-1, (In Favor: Lynch,McDonough,Mabon,Manzi,Recused: Napoli&Hale). Documents 02-19-2020 Meeting Materials - Commercial Site (1274 Osgood Street), 02-19-2020 Meeting Materials - Residential Site (1254 Osgood Street), 02-22-2023 Meeting Materials, 03-11-2020 Meeting Materials, 04- 28-2021 Meeting Materials, 10-19-2021 Meeting Materials, (REV3)DRAFT AMENDED Revised Order of Conditions (2020.05.18)_GEI JMB redline (2-21-2023), ESCROW RELEASE PROCEDURE JMB draft 3-20- 2023, Future Monitoring Plan - 3_20_2023 GEI, GW TX System Operating Costs 03-21-23, J. Brown Entail- 03-20-23_Osgood Street FOR SETTLEMENT PURPOSES ONLY, RESERVING THE RIGHT TO AMEND, J. Brown suggested Conditions 03-21-23 Enforcement Order/Violation 242-1692, 1210 Osgood Street(Princeton Properties Mgmt/LIPT Osgood Street,LLC) • This item was not discussed and continued along with the amendment hearing. Documents 10-19-2021 Meeting Materials, 09-29-2021 Meeting Materials, 02-22-2023 Meeting Materials Adjournment • A motion to adjourn at 10:35 p.m. is made by Mr. Lynch, seconded by Mr. McDonough. • Vote 4-0,Unanimous. 2023-03-22 Conservation Commission Minutes