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Home My WebLink About2023-04-10 Conservation Commission Minutes Pagel of 3 Approved 0712612023 North Andover Conservation Commission Meeting Minutes April 10,2023 Members Present: Sean F. McDonough, Albert P. Manzi,Jr.,Vice Chairman, John T. Mabon and Joseph W. Lynch Members Absent: Louis A. Napoli, Chairman,Anthony Capachietti and Ryan D. Hale Staff Members Present: Amy Maxner, Conservation Administrator Meeting came to Order at. 7:02 p.m. Quorum Present. Pledge of Allegiance Amendment to Order of Conditions 242-1692, 1210 Osgood Street(Princeton Dev. &Forgetta Dev.) • The Administrator states the final edits to the shutdown criteria and Amended Order of Conditions have been made. Slight adjustments were made to the escrow release procedure by Atty. Brown. She provides a list of the documents which will be reviewed and discussed. • Mr. Mabon responds to an email from Atty. Brown dated April 7,2023. He agrees that the NACC needs uniform data and that they do not want to pollute the surrounding areas. He believes that the data scatter has to be measured, documented and acceptable in order to shut down criteria with data and range values identified by the NACC. He is in favor of keeping the 95%confidence limit,no alternative on how to measure the scatter has not been provided by the owner or attorney. Due to the complexity of the data,he stands by the requirement for a 12-month(4-seasons) evaluation period for pre-shut down data evaluation as he proposed. He states the Commission is not requiring additional data collection or extension of time period. • Mr. Lynch states he agrees with Commissioner Mabon's position on the 95% confidence limit. • Mike Sabulis, GEI Consultants explains the reason why he is in favor of the proposed approach. • Atty. Jeff Brown, Princeton Properties (remote/present) states he does not believe the analysis has a function of protecting the wetland resource area and that although well intended it is overreaching. If shut down is initiated and the points required are not hit,the shutdown will stop and the system will go back on with no damage to the resource area. He believes an evaluation could be done in a 6-month period with conditions that require wet and dry events to mimic seasonal changes. Shut down will not be attempted until a tightening trend is observed for several months. Mechanisms are in place within the shutdown criteria to protect the resource area. • Mr. Mabon does not believe the NACC is overreaching. He states the Commission has a responsibility to the Town to prevent pollution of surrounding areas. • Mr. McDonough states he does not believe one can mimic seasons or wet/dry periods in 6-months. He does not believe that 12-months is an arbitrary time period. • Atty. Brown presents the bonding method for the Amended Order of Conditions which will consist of a cash and surety component. The operating and maintenance budget for the Groundwater Treatment System for 1-yr of operation is approximately $43,000. He proposes to utilize the existing $30K bond and add $13,170 which would equal 1-yr worth of budgeted operating expenses. A letter of credit will be established with Bank of America in the amount of$300,000 written to the Town of North Andover. As proposed the funds will provide 8-yrs of budgeted expenses for the site. Additional detail regarding the escrow release procedure will be worked out with Town Counsel. Regardless of who the property owner is,the letter of credit will remain with the Town of North Andover. • Mr. Manzi expresses concerns regarding the"RCA material"used on site and whether the shutdown criteria analysis discussed will be adequate. He states that the Commission was not given the point of origin of the material and that no hazmat sampling or analysis was provided. He raises concerns whether the group of consultants that understand the project will continue on for the duration of the project. 2023-04-10 Conservation Commission Minutes Page 2 of 3 Approved 0712612023 • Atty. Brown states this is the reason the bonding method was designed around the operating figures; expenses are expected to go down over time. He refers to reports from the Wetland Scientist for the last 2-yrs which states there's no visible calcite, damage to the resource area or degradation to the vegetation. Although they do not know what happened to the RCA the effects it was causing over the past 2-yrs have been completely eliminated. The rights to the 5-yr contract with Lockwood Remediation Technologies will be assigned to the Town/NACC. • Mr. Lynch states that due to certain unique factors of this project and site problem,he is in favor of the bonding approach presented. • Mr. Manzi is unsure whether the cash portion of the bond is sufficient. • The Administrator states that Town Counsel reviewed the escrow release procedure and was generally fine with it. • The Commission agrees no additional information 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 4-0,Unanimous. 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-I1-2020 Meeting Materials, 03-22- 2023 Meeting Materials, 04-28-2021 Meeting Materials, 10-19-2021 Meeting Materials, 1210 Osgood Street Escrow Release Procedure, CLEAN(REV3)DRAFT 2nd AMENDED Revised Order of Conditions.docx- Google Does, ESCROW RELEASE PROCEDURE clean 2-24-2023 (1).docx- Google Does, OandM Shutdown Criteria 03-22-23 Additional Conditions Discussion points.docx- Google Does, Town of North Andover Mail-Fwd_Emailing_ Osgood2 Analysis of Groundwater Treatment System O&M and Shut Down Criteria Enforcement Order/Violation 242-1692, 1210 Osgood Street(Princeton Properties Mgmt/LIPT Osgood Street,LLC) • The Administrator states the Enforcement Order is referenced in the Orders documents. • The Commission agrees that the EO will not be lifted until the appeal period for the OOC expires. • A motion to take no action on the Enforcement Order is made by Mr. McDonough seconded by Mr. Mabon. • Vote 4-0,Unanimous. Documents 10-19-2021 Meeting Materials, 09-29-2021 Meeting Materials, 02-22-2023 Meeting Materials Decision 242-1692, 1210 Osgood Street(Princeton Dev. & Forgetta Dev.) • The Administrator reviews the drafted Amended Order of Conditions. • The performance bond will be set in the amount of$45,000 cash(existing$30k plus additional$15k)with a letter of credit established with Bank of America in the amount of$300,000 written to the Town of North Andover. The escrow release procedure is to be listed as appendix"A"in the Order and recorded with the AOOC; appendix`B"will consist of the Affidavit of Acknowledgement of Obligation. Additional deposit in the amount of$10,000 is to be provided for the 53G escrow account for NACC's 3rd party peer reviewer. Additional funds in the amount of$5,000 increments shall be supplied at the request of the NACC as necessary should the monies be exhausted. Recording information and appendix `B"is to be provided to the Conservation Department once completed. Additional language will be added to Condition#60 pertaining to the Escrow Release Agreement. Condition#66 regarding subsurface"rainstore" stormwater will be removed from the Order. Additional language will be added to Condition#70 pertaining to the deadline timeframe. The existing tank shall remain in place until improvements are installed, improvements must be implemented within 120-days of the AOOC. A Condition with language regarding RCA and excavation/redevelopment regardless of jurisdiction will be added.No reuse of the material will be permitted unless it is demonstrated to be suitable for unrestricted residential use. Verbiage will be added pertaining to why the entire site is 2023-04-10 Conservation Commission Minutes Page 3 of 3 Approved 0712612023 considered jurisdiction by the NACC at this time. The water treatment shutdown criteria will be incorporated as a condition unto itself into the Order after Condition#70; the remainder of the document will be referenced. • A motion to adopt the Amended Order of Conditions as amended is made by Mr. Lynch seconded by Mr. McDonough. • Vote 4-0,Unanimous. Adjournment • A motion to adjourn at 9:15 p.m. is made by Mr. McDonough, seconded by Mr. Mabon. • Vote 4-0, Unanimous. 2023-04-10 Conservation Commission Minutes