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HomeMy WebLinkAbout2023-10-11 Conservation Commission Minutes Page 1 of 7 Approved 11/15/2023 North Andover Conservation Commission Meeting Minutes October 11, 2023 Members Present: Ryan D. Hale, Joseph W. Lynch, Louis A. Napoli, Chairman, Albert P. Manzi, Jr., Vice Chairman and John T. Mabon. Members Absent: Sean F. McDonough and Anthony Capachietti Staff Members Present: Amy Maxner, Conservation Administrator and Justine Fox, Field Inspector Meeting came to Order at: 7:03 p.m. Quorum Present. Pledge of Allegiance Acceptance of Minutes  A motion to accept the minutes of September 27, 2023 as drafted is made by Mr. Manzi, seconded by Mr. Mabon.  Vote 5-0, Unanimous. Certificate of Compliance 242-1844, 393 Salem Street (Duncan)  The Administrator provides background on the Order issued in June of 2022. The erosion controls have been removed and wetland markers installed. The site is stable and in compliance with the Order.  A motion to issue a full and final Certificate of Compliance is made by Mr. Manzi, seconded by Mr. Mabon.  Vote 5-0, Unanimous. Documents 800191, 1242402AB03 Enforcement Order/Violation 242-1874, 315 Turnpike Street (Merrimack College)  Mr. Manzi recuses from the discussion due to a conflict of interest.  The Administrator provides background on the Enforcement Order discussed at the September 13th meeting. The fines associated with the EO have been paid and work continues to cease.  A motion to lift the Enforcement Order is made by Mr. Mabon, seconded by Mr. Lynch.  Vote 4-0-1, (In Favor: Hale, Lynch, Napoli, Mabon, Recused: Manzi). Documents Enforcement Order - Merrimack College, Video Board Excavation 09 18 23 Notice of Intent (NOI) 242-1874, 315 Turnpike Street (Merrimack College)  Mr. Manzi recuses from the discussion due to a conflict of interest.  The Administrator provides background on the project heard at a previous meeting. A formal waiver request was submitted for earth disturbance within the 50-foot NBZ. She does not believe the project requires a waiver request due to the work proposed.  Mr. Mabon confirms that all disturbance with the 50-foot NBZ is temporary and questions what went wrong with the project that work started prior to authorization.  Jeffrey Koetteritz, VHB is present on behalf of the Applicant.  Felipe Schwarz, Merrimack College states the breakdown was caused due to lack of control of the project schedule. He states he is committed to being more hands on moving forward.  Mr. Lynch expresses concerns with the proposed location the dewatering filters discharge to. He states the NACC needs to know how they intend to contain it (on the grass) to prevent it from getting in the drainage system and how they intend to clean up the grass when it's done. He requests this be conditioned in the Order as a pre construction condition. 2023-10-11 Conservation Commission Minutes Page 2 of 7 Approved 11/15/2023  Mr. Mabon questions if any mitigation plantings have been proposed under the revised plan.  Mr. Schwarz states that although no mitigation plantings have been proposed they would be happy to include them if the Commission would like them to.  The Commission agrees mitigation plantings will be required as part of the OOC to enhance the function of the Buffer Zone. The location of mitigation plantings will be done at the direction of the Administrator.  A motion to close and issue in 21 days is made by Mr. Lynch, seconded by Mr. Mabon.  Vote 4-0-1, (In Favor: Hale, Lynch, Napoli, Mabon, Recused: Manzi). Documents 09-13-2023 Meeting Materials, C1.00_Site Plan_Rev1_Stamped \[2023-09-28\] Enforcement Order/Violation & Notice of Intent (NOI) 242-1876, 492 Sutton Street (Lawrence Airport)  Francisco Urena, Lawrence Municipal Airport and Dominic Zazzaro, Stantec Consulting Services are present for questions.  Randy Christensen, previously of Stantec Consulting Services, presents the proposal for the maintenance and restoration of a short intermittent stream segment. The project is expected to go out for third party peer review, changes and additional information are expected to be generated from the process. He provides background on the Runway Safety Project conducted in 2016, which is a similar design to what they are proposing here. The segment of the stream they are most concerned with is the bend located at the end of Grosvenor Way. The stream has lost bank height and capacity in this particular section, due to debris, vegetation and sedimentation. The Enforcement Order issued by the NACC allowed the airport to install temporary provisions (cori logs w/silt fence) to contain water within this stretch of stream and divert flow from a section of the red maple swamp back into the stream. Without cori logs the stream is subject to over topping which generally flows to the west, southwest and encumbers portions of the Mathews Way and businesses along Charles Street. The EO required channel observations after significant storm events; 32 reports including photos have been provided to the NACC. The proposal includes removing the existing outfall and diverting that flow and on a temporary basis the stream itself, through a series of new pipes that will discharge into an existing culvert located downstream from the existing outfall. Elimination of the outfall will take 15-acres of an upper portion of the airport out of the watershed from the problem area. The temporary bypass will allow the stream to be restored and vegetation to be established before reintroducing flows. The cross-section for the rehabilitated stream will have a 4-ft flat bottom with 3:1 side slopes on either side to create a minimum 3-ft high bank along the 225-ft section. The stream will be shifted towards the airport to remove some of the bend, provide bank height and minimize wetland impacts; 155-sq ft of BVW will be impacted. Aggressive erosion control fabric is proposed on the stream bottom with a less aggressive fabric and plantings towards the upper section. They anticipate that 3-5 growing seasons will be required for adequate root stabilization. A gradual modification of the sandbag dam will be completed to allow lower base flows to enter the system providing the necessary moisture for the wetland shrub live stakes and wetland seed mix. Higher end flows will continue to be guided into the diversion until suitable growth has been achieved. The restoration of two sections of collapsed bank (100-ft) are also proposed. A combination of coir logs and aggressive erosion control fabric will be used to revegetate the bank scars in the 100-ft section above the work area. A wildlife habitat assessment was conducted; wetland plantings will be required and extensive wetland plantings are proposed for the entire section of the 225-ft redesign. Both banks will be planted above the base flow line with shrub live stakes and stickers; plantings will be limited to species that worked well on the 2016 project. An investigation was conducted on the cross section (150- ft) of the bank between the end of the project and the start of the previously relocated stream. This section is not included in the proposal as it has extremely tall banks and has never seen an over topping during any of the rain events. He presents the plan for restoration of the intermittent stream segment. The pipe will daylight into an existing 12-inch rip rap pad which has remained stable through all of the storm events since 2016; the channel downgradient from the outfall is not showing any wear. The total area of work is less than a half-acre as depicted on the plan in cross-hatching. Dewatering is proposed and shown on the plan. Cross sections of the proposed channel vs. existing conditions were provided. A detailed topographic survey was 2023-10-11 Conservation Commission Minutes Page 3 of 7 Approved 11/15/2023 performed from below the work area to above the work area of channel cross-sections and up into the uplands on both sides. The survey worksheet was based on recently collected field data, not old data. Photos of the previously relocated stream are presented to show what the relocated stream is expected to look like. Construction is expected to take 1-yr with at least three growing seasons for stabilization.  Mr. Mabon questions what the permanent solution is for the flow, using the 30-inch culvert.  Mr. Christensen states they are proposing removing the pad and plugging the short section in place. He believes the sandbag dam is substantial, which is what was used in 2016. Once the stabilization is deemed good (3-5 years) they will let the entire stream flow again from the Red Maple Swamp allowing the stream to function as it is today with a stabilized profile. The CFS attributed to the 15-acres is removed permanently.  Mr. Lynch suggests installing a weir and utilizing the short section when the stream can’t handle the excess flow vs. plugging the section. He questions if they are proposing to flatten the stream bed and if there are opportunities to prevent silt from finding its way down to this area. He would like to know if the Applicant plans to address all issues or just the ones that originate from airport property. It is his belief that the lower streets off of Sutton do not contribute to the issue, rather the streets further up which slope back to the airport, and have done so for quite some time.  Mr. Christensen agrees incorporating a weir into the proposal would help to take some relief off the sections. The portion of the stream they are marrying into will dictate the elevation they can dig down to; there is a hard elevation they cannot go below. There is a 3.8% slope on the stream, this has been decreased a small amount at the section they are dumping into. He believes most of the sediment is caused from the bank collapse as well as vegetation causing a combination of sediment and debris. The loss of bank height has been occurring over a long period of time. The project will address airport issues and portions of the off- property ones. He believes that a lot of the runoff (from residential roof and driveway) from the streets drain to yards vs. the drainage system.  John Dolan, 71 Riverview Street expresses concerns with erosion of the culvert at the end of Riverview Street. He questions if the proposal will cause more water or less water to drain to this area.  Mr. Christensen states the bypass section they are dumping water into discharges further to the north and west. It is his belief that the project will not exacerbate any situations on Riverview Street and should help it by keeping the flow in the new stream.  Dong Shin, 11 Mathews Way expresses concern they are using outdated climate data from 1961 vs. updated data (NOAA). He expresses concerns with the amount of water that entered his property from the LMA during the August 8th/9th storm event. He states he is in favor of the installation of a weir. He notes that the Mathews Way HOA submitted written comments.  Mr. Christensen states the NOI shows containment using old data (6.5-inches for the 100-year storm event). Additional upgraded data (8.6-inches for the 100-year storm event) will be provided to the NACC as required in the bylaw. A cursory run was done internally which showed containment with the updated data. The storm event on August 8th/9th occurred in less than 24-hours which exceeded a 100-year storm event. The proposed solution will not handle this kind of storm event.  Mr. Napoli explains that water from side streets also contributed to the acclamation of water on the Mathews Way property.  Mr. Lynch states the stormwater for the Mathews Way subdivision was designed to flow to the back of the property. If the analysis and review of the analysis hold true, all of the stream over topping will be contained.  Joe Peznola, Hancock Associates is present on behalf of 27 Charles Street LLC. He notes that he has submitted written comments and will highlight the major points for this meeting. He expresses concerns with a man-made ditch from the end of Poor Street to the end of Grosvenor Avenue. He requests a permanent solution for the upper breach and for the NACC to require the North Andover Public Works to assist the Applicant to work to divert the ditch flow into the airport stream. He requests that ConCom consider allowing some of the work to be released early under the Enforcement Order or to expedite third party peer review. He expresses concerns that the Hydro CAD model for the 150-ft segment of stream that is not being rehabilitated appears to have been repeated from the 2015 analysis on the existing conditions model. 2023-10-11 Conservation Commission Minutes Page 4 of 7 Approved 11/15/2023  Mr. Christensen states there is a ditch along the taxi way of the airport that separates any airport development from any contributions. The Red Maple Swamp is very level, with the biggest contributor being Wood Avenue. Per the EO some diversions were placed and will remain to try and divert more of the water. This area is BVW which would require additional permitting. He agrees that a lot of the water emanating from the Red Maple Swamp is airport property but it is coming in from off property sources. Due to funding availability, they propose for the work to be done next year.  Mr. Manzi believes the NACC should make an exception to allow ditching the BVW.  Mr. Lynch states the Red Maple Swamp and homes on Wood and Grosvenor have been there for 100-years, nothing has changed in the past 10-years. He is in favor of a low impact solution to control the flows. He believes a third party peer review is required and that Mr. Peznola’s comments should go to the third party.  Mr. Napoli states there is a blocked drainage pipe on Grosvenor that the DPW is aware of. He does not believe the airport is responsible for all of the water.  Mr. Hale states the Applicant cannot be forced into creating ditches in the wetland.  Mr. Christensen states since the installation of the cori logs a channel has formed, directing the water where they want it to go.  Mr. Peznola requests the Town Engineer be involved in the process to determine whether additional street flow can be accepted into the airport stream.  Mr. Christensen states contributions to the channel have been calculated at 75% Poor Street and 25% LMA. He agrees that approaching DPW is a good idea but wants to ensure this is not viewed as a panacea by everyone involved.  The Commission agrees the scope of work for the third party peer review shall include review of the NOI application as well as any abutter and Commission comments received. The reviewer must be a registered professional civil engineer.  Mr. Lynch clarifies that this is a hydrological and stormwater based review, and Mr. Hale agreed that the wetland elements of the project can be handled in house.  Mr. Christensen requests an opportunity to submit updated stormwater calculations before the review is conducted. They intend to submit a formal response letter to the NACC once comments are received from the peer review. He states he will get back to the Administrator with how they intend to fund the third party peer review process so she can determine how to proceed.  A motion to authorize the Administrator to seek third party peer review by whatever means necessary is made by Mr. Lynch, seconded by Mr. Mabon.  Vote 5-0, Unanimous.  A motion to continue to November 15, 2023, is made by Mr. Lynch, seconded by Mr. Mabon.  Vote 5-0, Unanimous. Documents Con Com Mtg Airport Stream Main Slides 101123, LWM_Airport_Drainage_Improvements_NOI, Mathews Way - Stantec Plans, Hancock Comments 10-05-23 Enforcement Order/Violation 242-1708, 271 Stevens Street (Stone)  8:53p.m. The Administrator leaves the meeting.  8:55p.m. The Administrator rejoins the meeting.  The Administrator states an NOI is expected tomorrow to be heard at the October 25, 2023 meeting.  No action is required at this time. Documents 08-23-2023 Meeting Materials, 08 24 23 Enforcement Order - 271 Stevens Street Enforcement Order/Violation 35 Peterson Road (Sun)  The Administrator provides background information on the Enforcement Order issued in November of 2022. A site visit was conducted on September 28th and the seeding performed last fall has exploded, coverage is 2023-10-11 Conservation Commission Minutes Page 5 of 7 Approved 11/15/2023 100%. The Administrator states no additional plantings are required and recommends lifting the Enforcement Order.  Liping Sun, the homeowner is present.  The Commission thanks Ms. Sun for her efforts and excellent restoration results.  A motion to lift the Enforcement Order is made by Mr. Lynch, seconded by Mr. Mabon.  Vote 5-0, Unanimous. Documents 05-25-2022 Meeting Materials, 11-16-2022 Meeting Materials, 35 Peterson - 09-28-23 Pics, 2nd Amended EO 35 Peterson Road 11 16 22, 09-28-23 Pics - 35 Peterson Enforcement Order/Violation 242-634, 85 Colonial Avenue (Jones/Cukalla)  The Administrator provides background information on the COC request and modification request heard in early 2023.  Mr. Manzi confirms the current homeowner was aware the house was not in compliance when it was purchased.  Evan Jones, the homeowner, states the property was purchased in October 2022 and they started occupying the house in January 2023. He states the open OOC was discovered during the closing process and that the previous homeowner was responsible for closing it out. He is looking for advice on what needs to be done to bring the property into compliance.  Mr. Lynch states the home was non-compliant when it was purchased. The NACC informed the seller that parts of the home would need to be torn down to make the house compliant. The seller assured the NACC that this information would be conveyed/disclosed to the buyer.  Mr. Manzi states all of the meetings noted in the violation letter are available online. He states it was understood that a deal was made between the seller and the buyer and for the buyer to close out the OOC.  The Administrator states this will require removing the non-compliant structures. The cantilever deck was approved by the then Conservation Administrator (M. Howard) however, at some point it was turned into a much bigger structure. The Administrator offers to provide background information to Mr. Jones.  The Commission discusses the violation and directs the homeowner to seek legal advice for whatever recourse he may have with the seller. They agreed that the problem of non-compliant structures needs to be rectified. The Commission agreed to issue an Enforcement Order to enforce the Order of Conditions and require it be brought into compliance no later than the 1st meeting in May 2024.  A motion to issue an Enforcement Order as discussed is made by Mr. Manzi, seconded by Mr. Lynch.  Vote 5-0, Unanimous. Documents Violation Letter Final 85 Colonial Enforcement Order/Violation 863 Winter Street (DeCamargo)  The Administrator states the Applicant has requested a continuance.  Mr. Napoli requests the Administrator let the homeowner know that fines may be assessed if a restoration plan is not submitted for the next meeting.  A motion to continue to October 25, 2023, is made by Mr. Manzi, seconded by Mr. Hale.  Vote 5-0, Unanimous. Documents Email from maureen@norseenv.com requesting a continuance until 10/25/2023 2023-10-11 Conservation Commission Minutes Page 6 of 7 Approved 11/15/2023 Enforcement Order/Violation 196 Marbleridge Road (Kowalski)  The Administrator provides background information on the Enforcement Order. All directives outlined in the Enforcement Order have been complied with. Erosion controls have been ordered to remain on site. She recommends revisiting the Enforcement Order in the fall of 2025 for 75% survivorship.  No action is required at this time. Documents 05-10-2023 Meeting Materials, 05-24-2023 Meeting Materials, 06-28-2023 Meeting Materials, 08-09-2023 Meeting Materials, 09-27-2023 Meeting Materials, 196 Marbleridge Pics 10-10-23 EO Tasks completed General/New/Old Business I-495 Southbound On-Ramp – Tractor Trailer Oil Release  The Administrator states on September 11, 2023 a tractor trailer rollover occurred on the southbound ramp on I-495 next to the Shawsheen River. Conservation Staff was made aware of the spill on September 26, 2023. A site visit was conducted on October 5, 2023 with Keith Sullivan of Clean Harbors. It was reported that approximately 70-gallons of gasoline and some motor oil was released. Based on Conservation observations it does not appear that the spill reached the Shawsheen River but was trapped in the soil on the slope. Erosion controls were installed and are approximately 35-ft from the bank of the river.  Keith Sullivan, Clean Harbors is present on behalf of Regency Transportation. He presents materials for review by the NACC. He states this is a very difficult location due to slippery conditions, roots and the very steep slope. He reviews options (vacuum or excavation) on how they propose to remove the contaminated soils. He believes the best method would be to remove the soils via a VOR with ground extension hoses and hand digging, to prevent over digging and extensive disturbance. Due to a recent rain event the silt fence has started to bulge and a ravine has started to form on the south side of the area. PID were conducted and determined there are five small areas within the spill site which require remediation. The loom, seed mix and fabric used in the remediation process will need to be specified by DOT. Per the State, there are two regulatory dates; day 60 (November 10, 2023) and day 120 (January 9, 2024). The IRA (Immediate Response Action) contains a provision where an emergency exclusion can be obtained from some of the wetland rules. Due to site constraints and safety concerns the ramp will need to be closed during the remediation process, which they hope to get done prior to the ground freezing. He states it is typical to wait 60-days before submitting an IRA Plan, however he is trying to get it submitted sooner.  Mr. Manzi questions the distance from the spill site to the water.  Mr. Sullivan states the distance from the spill site to the water is approximately 50-feet and approximately half of the fuel load (70-gallons) was spilled. He reviews a graphic of the spill site with the NACC. A drawing depicting the five (5) areas within the spill site will be provided. Some small saplings beyond the silt fence have died due to diesel impact. He questions if materials (trees & roots) that have not been contaminated must be removed from the site.  Mr. Mabon questions how they would determine if the material was contaminated.  Mr. Sullivan states they would use their best judgment (staining, touch & smell), they can’t test everything.  Mr. Lynch believes that due to the release location and low level of release this might be able to be done through an Enforcement Order. He requests Clean Harbors come back with the method they will use so the NACC can determine how to proceed.  The Commission agrees that uncontaminated standing deadwood can remain and all other debris must be removed. They agree to authorize the Administrator to issue an Enforcement Order on behalf of the NACC pending submission of an IRA. The EO will require site stabilization, erosion controls, means and method for mechanized work (to be provided to the Administrator by Clean Harbors) and restoration of the disturbed area. The area must be cleaned up to the satisfaction of the Conservation Administrator. Final restoration of the area must be completed by January 1, 2024. Reinspection to be done late spring/early summer of 2024.  Erosion controls (staked biodegradable 12-inch straw wattles) will be required at the 25-foot NDZ.  A motion to issue the Enforcement Order as discussed is made by Mr. Lynch, seconded by Mr. Mabon.  Vote 5-0, Unanimous. 2023-10-11 Conservation Commission Minutes Page 7 of 7 Approved 11/15/2023  A motion to continue to October 25, 2023, is made by Mr. Lynch, seconded by Mr. Mabon.  Vote 5-0, Unanimous. Documents I 495 On Ramp Pics 10-05-23, BWSC 101, BWSC 102.1, BWSC 102.2, BWSC 102.3, Figure One Locus Map_new-8 by 11 vert, Figure Three Aerial Photo, Spill Site Aerial Locus Map General/New/Old Business Approval of 2024 Conservation Calendar  The calendar is not ready for review. Decision 242-1874, 315 Turnpike Street (Merrimack College)  Mr. Manzi recuses from the discussion due to a conflict of interest and leaves the meeting.  The Administrator reviews the draft Order of Conditions.  The Conservation Commission does not approve of the discharge of the dewatering silt sack to the piped stormwater system. The silt sack should be discharged to a flat grassy area contained by hay bales, to be cleaned up when the project is over. A plan depicting this must be submitted at the preconstruction meeting. Mitigation plantings will be required; the Applicant must submit a detail where and what they are proposing. No snow stockpiling signs will be required in front of the mitigation planting area. The bond will be set in the amount of $2,000.  A motion to adopt the Order of Conditions as drafted and amended by Mr. Mabon, seconded by Mr. Lynch.  Vote 4-0-1, (In Favor: Hale, Lynch, Napoli, Mabon, Recused: Manzi). Adjournment  A motion to adjourn at 9:54 p.m. is made by Mr. Lynch, seconded by Mr. Mabon.  Vote 4-0, Unanimous. 2023-10-11 Conservation Commission Minutes