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HomeMy WebLinkAbout2024-07-17 Conservation Commission Minutes Page 1 of 8 Approved 08/28/2024 North Andover Conservation Commission Meeting Minutes July 17, 2024 Members Present: Joseph W. Lynch, Sean F. McDonough, Louis A. Napoli, Chairman, Albert P. Manzi, Jr., Vice Chairman, Marissa Valentino and Bradley S. Mustain Members Absent: John T. Mabon Staff Members Present: Amy Maxner, Conservation Administrator and Justine Fox, Field Inspector Meeting came to Order at: 7:00 p.m. Quorum Present. Pledge of Allegiance Acceptance of Minutes The minutes for June 12, 2024 and June 26, 2024 were not discussed. Certificate of Compliance 242-1679, 1920 Great Pond Road (North Andover DPW) The Administrator states the Applicant has requested a continuance. A motion to continue to August 14, 2024, is made by Mr. Manzi, seconded by Mr. Lynch. Vote 5-0, Unanimous. Documents Email from jlv@envpartners.com requesting a continuance until 08/14/24 Certificate of Compliance 242-1825, 1 & 28 Royal Crest Drive (AIMCO North Andover, LLC) The Administrator provides background on the Order issued in October 2021 which governed the removal of aging subsurface propane tanks and piping, replacing them with new above-ground tanks. All new tanks are built on concrete blocks set in gravel bases and are located outside the 50-foot NBZ. Of the thirteen tanks, six (6) had a small wooden fence erected around three sides. The Field Inspector conducted a site examination and assessed that the site was stable and generally in accordance with the approved design; accordingly, erosion controls were removed. Building 8's tank now has a concrete jersey barrier between it and the parking lot. The wetland delineation was based on a November 2019 ORAD, but wetlands on the site have expanded likely due to excess precipitation and possible clogging of yard drains. Chris Sparages of Williams & Sparages is present on behalf of the Applicant. Mr. Mustain questions what kind of wetlands are associated with the property. The Administrator adds that there are several IVWs and one or two BVW systems. Mr. Lynch verifies that the ORAD line was valid at the time of filing. A motion to issue a full and final Certificate of Compliance with ongoing conditions is made by Mr. Manzi, seconded by Mr. Mustain. Vote 5-0, Unanimous. Documents Certificate of Compliance Request - Royal Crest Propane Tanks, Pics, Plan to Accompany a Certificate of Compliance Request - Royal Crest Propane Tanks Small Project NACC #328, 340 Johnson Street (Rock) The Administrator states the project involves installing a 65-ft section of 4-ft vinyl picket fence along a rock wall in the front yard. This fence will act as a precautionary barrier between the front lawn and the road, impacting the 200-foot Riverfront Area associated with an unnamed perennial stream in the Lake Cochichewick watershed. The entire 65-ft fence will be located in the outer 200-foot Riverfront Area, 2024-07-17 Conservation Commission Minutes Page 2 of 8 Approved 08/28/2024 approximately 100-ft from the stream, and outside the 100-foot Buffer Zone to the BVW next to the stream and a small pond at the rear of the property. Recommendations include qualifying the project under category "H" with a pre-construction meeting, removal of extra soils from post holes, and a post-construction meeting. A motion to accept and approve this as a Small Project "H" with conditions as recommended is made by Mr. Manzi, seconded by Mr. Lynch. Vote 5-0, Unanimous. Documents Aerial Plan-Picket Fence-340 Johnson Street, Small Project Application with Supporting Materials 07 02 24 Small Project NACC #329, 56 Bridges Lane (Sorenson) 7:08 p.m. Mr. McDonough joins the meeting. The Administrator states that the project consists of three separate small project elements, two within jurisdiction and one outside: installing 195-ft of aluminum fencing to enclose the backyard lawn, demolishing the existing deck and stairs and replacing them with a new larger deck in the same location, and building a new deck and stairs off the sunroom. The fence will be 50-ft from the BVW at the back of the property at its closest position, the new deck will be 70-ft from the BVW at its closest point, and the new deck off the sunroom will be 100-ft from the wetland, outside the Buffer Zone. The inclusion of the third deck in the permit application is to solicit feedback on the appropriate materials for the substrate beneath the deck to guarantee proper drainage. Leif Sorenson, the homeowner, is present. Mr. Mustain inquired whether the wetland line is illustrated in any of the project exhibits. According to the Field Inspector, the yellow line on the plan represents the proposed fence, with two additional yellow lines indicating the distance between the fence and the wetland line. Ms. Valentino verifies that the area seen within the fence is an existing lawn. The Commission analyzes whether the Small Project Permit was intended to combine multiple projects. The Administrator claims she had a similar discussion with the Chairman when the proposal was first presented. Recommendations include qualifying the project under category "H" & "B" with erosion controls and holding pre- and post-construction meetings. Mr. Lynch suggests an additional condition be imposed that prohibits any tree removal without first consulting with the Administrator. A motion to accept and approve this as a Small Project "H" & "B" with conditions as recommended and discussed is made by Mr. Lynch, seconded by Mr. Manzi. Vote 6-0, Unanimous. Documents Final Plan-56 Bridges Lane (NACC #329), Small Project Application with Supporting Materials 07 08 24 Modification 242-1880, 531 Boston Street (OBS Builders LLC) The Administrator provides background on the Order issued in January 2024. The Applicant is seeking an after-the-fact modification to properly permit an extension to the driveway for a turnaround, allowing vehicles to avoid backing out onto Boston Street. This 260-sq ft turnaround is located 90-ft from the wetland across the street. She requested that the Applicant check with the project engineer that this adjustment will not conflict or obstruct water flow at the front of the site along the edge of the roadway. should have been included in the original plans due to the busy roadway. Mr. Lynch expresses concerns with the modification since the erosion controls are non-compliant. He states if the modification is granted the erosion controls will need to be refreshed and maintained. Mr. O'Brien states he is also requesting to remove perimeter controls to loam and seed to stabilize the site. Work will take more than one day. The swale needs to be lower than the neighboring property. Soil will be moved towards the project site and leftover soil towards the abutting property. 2024-07-17 Conservation Commission Minutes Page 3 of 8 Approved 08/28/2024 The Commission discusses the proposal and acknowledges that the request to remove the erosion controls to perform stabilization work is not properly before them; they suggest postponing the hearing to allow the Applicant to make necessary adjustments. Mr. O'Brien states he will carry out the landscaping as originally planned and has no interest in postponing the project. Mr. Manzi states the NACC is focused on activities related to jurisdiction and the 100-foot Buffer Zone, erosion controls may not be removed until the site is stable. Although the site has generally complied with the Order, according to the Administrator, some erosion controls might have been compromised during the driveway's construction. She concurs that in order to safeguard the Buffer Zone, erosion control measures must be kept in place. A motion to grant the Modification as requested for the driveway expansion is made by Mr. McDonough, seconded by Mr. Manzi. Vote 6-0, Unanimous. Documents 531 Boston Street - Modification Request 07 02 24 Request for Determination of Applicability 95 Hillside Road (Wise) The Administrator states the project involves a total driveway rehabilitation project to address years of stormwater damage, sinkhole issues, and improve stormwater drainage conditions. The work will be conducted 70-ft from the wetland's closest point, approximately 440-sq ft, in the Buffer Zone, as most of the driveway is outside the 100-foot Buffer Zone. The rehabilitation plan involves removing concrete pavers, extending driveway asphalt, filling settling areas, repaving the entire driveway, pitching the driveway to the left, installing a stone infiltration trench, and filling it with crushed stone to prevent erosion and disperse stormwater. An asphalt turnaround area will be added to the driveway closer to Hillside Road, outside of the Buffer Zone. Rusanne Wise, the Applicant, believes the proposal is a solution to the problem of stormwater flooding her driveway as a result of the loss of a drainage swale in the street during the last decade. They do not propose changing the flow's direction; rather, they intend to mitigate it with crushed stone. Mr. Mustain urges the Applicant to contact the DPW to ensure they are aware of the situation. Ms. Wise claims she has contacted DPW several times in the past, but nothing was ever in writing. Mr. Lynch feels the Applicant will have some water difficulties in the back left corner of the garage. He proposes planting some grass or other hearty ground cover in the area to absorb the water and help it sheet out. Ms. Wise proposes planting red thyme instead of grass. The Administrator recommends issuing a Negative #3 Determination, requiring erosion controls, pre- construction inspection with the Conservation Department, homeowner, and contractor, and a post- construction inspection. Mr. Lynch requests an additional condition to allow ground cover landscaping be installed up to 50-ft from the wetland to maintain a stable vegetated condition, allowing for flow from the driveway or new pavement at the garage corner. No abutters are present. A motion to close the hearing and issue Negative Determination #3 with conditions as amended and recommended is made by Mr. Manzi, seconded by Mr. Mustain. Vote 6-0, Unanimous. Documents Pics, RDA Application with Supporting Materials 06 27 24 Request for Determination of Applicability 268 Rea Street (Lynch) For the record, Mr. Lynch declares that there is no relationship to the Applicant. 2024-07-17 Conservation Commission Minutes Page 4 of 8 Approved 08/28/2024 The Administrator states the project involves rebuilding and expanding the existing deck. The new deck will be approximately 95-ft from the wetland. Non-reusable materials will be dismantled and disposed of in a temporary dumpster. New materials will be stockpiled outside the Buffer Zone. The existing L-shaped deck will be extended, and the existing 4' stairs will be extended parallel to the house's length. Five (5) footings will be reused, and new footings will be dug using a post hole digger. She recommends issuing a Negative #3 Determination, requiring erosion controls, pre-construction inspection with the Conservation Department, homeowner, and contractor, and a post-construction inspection. Marcella Lynch, the Applicant is present for questions. No abutters are present. A motion to close the hearing and issue Negative Determination #3 with conditions as recommended is made by Mr. McDonough, seconded by Mr. Lynch. Vote 6-0, Unanimous. Documents Existing Deck Conditions-268 Rea Street, Pics, Plot Plan full, with wetland measurement, RDA Application with Supporting Materials 07 01 24 Abbreviated Notice of Resource Area Delineation 242-1889, 492 Sutton Street (NAAS Development, LLC) The Administrator states the Applicant has requested a continuance. A motion to continue to August 14, 2024, is made by Mr. Lynch, seconded by Mr. McDonough. Vote 6-0, Unanimous. Documents Email from Andrew@goddardconsultingllc.com requesting a continuance until 08/14/24 Abbreviated Notice of Resource Area Delineation 242-1896, 0 Great Pond Road (Edgewood Retirement Community, Inc.) The Administrator states the Applicant has requested a continuance. A motion to continue to August 14, 2024, is made by Mr. Manzi, seconded by Mr. McDonough. Vote 6-0, Unanimous. Documents Email from takerley@wsengineers.com requesting a continuance until 08/14/24 Notice of Intent (NOI) 242-1894, 1101 Turnpike Street (Mass Electric Company) The Administrator states the Applicant has requested a continuance. A motion to continue to August 14, 2024, is made by Mr. Manzi, seconded by Mr. McDonough. Vote 6-0, Unanimous. Documents Email from kkoncewicz@vhb.com requesting a continuance until 08/14/24 Notice of Intent (NOI) 242-1893, 597 Foster Street (Fonzi) The Administrator provides updates on the project, including a shift of WF 6A by 6-ft upgradient. A request for an evaluation of a subsurface infiltration system was made by NACC, along with a letter detailing stormwater/septic field setbacks. The septic system, which received a waiver for groundwater separation, is a mounded system. Mitigation plans include 844-s.f. of Buffer Zone enhancement. Maureen Herald, Norse Environmental states the proposed mitigation area is presently a lawn that will be naturalized by planting a wildlife seed mix. The rain garden's suggested plants can withstand standing water. She presents the waiver request to the NACC. According to the Field Inspector, the suggested mitigation is an improvement to the current conditions. 2024-07-17 Conservation Commission Minutes Page 5 of 8 Approved 08/28/2024 Mr. Lynch expresses concerns about the stormwater management in a raingarden, which is used for nutrient uptake and pre-treatment, and questions if it achieves the required groundwater separation. He confirms that there is no increase in impervious area. Ms. Herald explains that the site's complexity restricts the number of options available, so they're using the feature as a BMP. There will be no increase in impervious area, as everything is contained inside the existing impervious area. Currently, an infiltration trench surrounds the existing driveway. She states that if the NACC prefers an infiltration trench, they are happy to oblige. The Commission discusses the rain garden and decides that it is in favor of it. No abutters are present. A motion to approve the waiver request as proposed is made by Mr. Manzi, seconded by Mr. Lynch. Vote 6-0, Unanimous. A motion to close and issue in 21 days is made by Mr. Manzi, seconded by Mr. Lynch. Vote 6-0, Unanimous. Documents 06-12-2024 Meeting Materials, C1-C4 Plans (Rev.2 - 7-8-24), FIRMETTE (preliminary) site arrow, FIRMETTE (preliminary), Norse Plan Letter 7-1-24, Norse Plan Letter 7-9-24, Revision #1 Plans C1 - C4 6.24.2024, Waiver Request 597 Foster Street Notice of Intent (NOI) 242-1898, Rt. 114 & Turnpike Street ROW (North Andover DPW) The Administrator states the project involves upgrading a sewer pump station across from Jasmine Plaza, decommissioning the Willows pump station, and installing an 8-inch PVC gravity line within Rt. 114. Work will take place in the 100-year floodplain, 200-foot Riverfront Area, 100-foot Buffer Zone, 50-foot NBZ, and 25-foot NDZ to BVW. Trench work for the gravity line will occur within the paved roadway and shoulder, with depths of excavation ranging from 15 to 16-ft, and about 27-ft at the Jasmine pump station. Dewatering is a major management component, and the NOI narrative states the contractor will use a filter bag to discharge to a catch basin. A stormwater redevelopment checklist has been provided, and impervious surface will be reduced with the decommissioning of the Willows pump station. Greg Hochmuth of Epsilon Associates presented the team, including Wade Stanley and Jason Kreil from Woodard & Curran. The plan involves adding new components next to existing ones, which will be filled with washed sand after being pumped and ruptured. A waiver was requested due to the system's proximity to restricted wetland zones. Part of the driveway leading to Jasmine Plaza will be replaced with grass, and the Willows pump station area will be landscaped with grass seed, reducing impervious surface by 472-s.f. Some road work is proposed, requiring temporary removal and reinstallation of guardrails. The project will not fill the floodplain but will provide minor flood storage as the structure will be above grade. The new system may be delivered in sections and tested for proper sealing. Mosquito Brook is not considered perennial according to USGS Maps in this specific location but is under the Bylaw. Mr. Mustain queries why they want to abandon rather than remove the Jasmine Plaza pump station. According to Mr. Kreil, the pump station at Jasmine Plaza will continue to operate while the new station is being built because there is insufficient capacity for a bypass system or pumping without moving farther into the resource area or into the ROW. Once construction on the new system is completed, it will be very difficult to remove the old system, thus they recommend abandoning it in place. Mr. Napoli inquiries about how they plan to control the water during construction. Mr. Hochmuth states that they plan to operate in sections, backfilling the trench at the end of each day. Mr. Kreil states that lanes will be closed during trench digging; he believes that additional soils will be kept in trucks within the ROW. Typically, sections are dug in 13 to 14-ft sections that are 10 to 12-ft deep. Due to equipment lead times, roadwork is expected to begin in 2025 and last around three months, followed by pump station work ending in October 2026. Mr. Lynch expresses concerns with buoyancy of the wet well at 27-ft. Mr. Kreil proposes an extended base bottom slab as a cutoff wall supported excavation system, with the dewatering method to be determined later. An additional detail will be added to the plan, consistent with 2024-07-17 Conservation Commission Minutes Page 6 of 8 Approved 08/28/2024 previous pump station designs. If the NACC specifies the dewatering method in the Order, it will bid accordingly when seeking a contractor. The Administrator states the Commission will require a cash performance bond from the contractor. Phil Plychek, 815 Turnpike Street, expresses concern about the likelihood of a sewage backup and whether they have a backup plan. Mr. Kreil explains that the racket club is connected to the failing Willows pump station, prompting the installation of a new gravity sewer between Willows and Jasmine stations. Previously, the condo complex across the road directed flow to Willows station. Due to recurring failures, a backup plan was devised using the existing sewer on Rt. 114, allowing flow to reverse and reach Jasmine station if necessary. The replacement is necessary because the Willows station is not located at a low enough point to efficiently manage the flow. This project aims to address the recurring failures and ensure reliable sewage management. The Commission asks for additional information on soil handling and dewatering, as well as their estimates of the volumes involved and where they will go. A motion to continue to August 14, 2024, is made by Mr. Manzi, seconded by Mr. McDonough. Vote 6-0, Unanimous. Documents 20240702_NOI_Rt. 114 Sewer Pump Station_r Notice of Intent (NOI) 242-1899, 865 & 877 Johnson Street (Resca) The Administrator states the project involves demolishing an abandoned residence at 865 Johnson Street to build two new single-family homes at 865 and 877 Johnson Street. A wetland resource area across the street has a 100-foot Buffer Zone that extends onto the properties. Staff verified the wetland delineation with Norse Environmental. No house structures or septic systems are proposed within the 100-foot Buffer Zone to this resource area. Proposed elements between the 50-foot NBZ and 100-foot Buffer Zone include driveways, utilities, grading, and tree/vegetation removal, with erosion controls at the down gradient limit. A stone construction entrance and soil stockpile areas are planned. Staff also checked a wetland system at the rear of the properties, and found all proposed work to be outside the Buffer Zone to that wetland. Bill Dufresne of Merrimack Engineering and Arthur Resca the Applicant are present. According to Mr. Dufresne, the site was subdivided in 2017; two of the four residential lots were already constructed and granted NACC permits. The plan depicts a split driveway that already exists there. Mr. Lynch is curious as to whether the project's phased strategy renders them exempt from or subject them to stormwater restrictions. According to him, segmentation is discouraged and these two lots should be examined because they should be subject to stormwater regulations. Mr. Dufresne states the ANR was submitted for three additional lots that were part of an existing lot. They will have to apply for a land disturbance permission through the Planning Board. It was his understanding that this was the time to deal with stormwater. The other two lots, according to the Administrator, have been developed and contain stormwater BMPs. Following a lengthy discussion, the Commission concludes that stormwater assessments are required for the two subject parcels. Mr. Manzi requests that the analysis take into account the runoff onto Johnson Street. Mr. Dufresne states he understands the concern and confirms it will be addressed. No abutters are present. A motion to continue to August 14, 2024, is made by Mr. Manzi, seconded by Ms. Valentino. Vote 6-0, Unanimous. Documents 865 & 877 Johnson Cons. Site Plan 7-2-24, 865 & 877 Johnson NOI, 865 Johnson Septic Detail Plan, 865 Johnson Septic Site Plan, 877 Johnson Septic Detail Plan, 877 Johnson Septic Site Plan 2024-07-17 Conservation Commission Minutes Page 7 of 8 Approved 08/28/2024 Enforcement Order/Violation 1689 Salem Street (Shea) The Administrator provides background on the Enforcement Order. At a previous meeting the NACC agreed the fence could be relocated outside of the 25-foot NDZ; this location was marked out by the Administrator. The shed and fence were removed by the deadline. Since the violation has been remedied, she suggests that the Commission vote to lift the Enforcement Order. A motion to lift the Enforcement Order is made by Mr. Manzi, seconded by Mr. Lynch. Vote 6-0, Unanimous. Documents 02-28-2024 Meeting Materials, 1689 Salem Street - Enforcement Order 03 06 24, Removal Pics Enforcement Order/Violation 85 Colonial Avenue (Jones) The Administrator gave background on an Enforcement Order discussed at a previous meeting. The homeowner and lawyer proposed a planting mitigation plan, allowing structures to remain. The Commission approved of entertaining a proposal. She reviews the Buffer Zone Enhancement Plan with a 3:1 ratio and calls for 325-sq ft of mitigation for incursion. Two years of monitoring and reporting are proposed, with 75% overall survivorship and monumenting the area with wetland markers. Greg Hochmuth, Epsilon Associates and Evan Jones, the homeowner, are present. The Commission reviews the plan and agrees that this is exactly what they were looking for. The Administrator recommends amending the Enforcement Order to incorporate the Buffer Zone Enhancement Plan and establish a deadline for the planting and monumenting. She requests a preconstruction meeting to guarantee that the project scope is understood before beginning any work. The Commission determines that by November 15, 2024, the Buffer Zone Enhancement Plan must be completed in its entirety. A motion to issue an amended Enforcement Order as proposed and discussed is made by Mr. Manzi, seconded by Mr. Lynch. Vote 6-0, Unanimous. Documents 05-22-2024 Meeting Materials, 10-11-2023 Meeting Materials, Planting Plan Final General/New/Old Business Election of Conservation Commission Officers A motion to nominate Mr. Napoli as Chairman is made by Mr. Manzi, seconded by Mr. Lynch. Vote 5-1, (In Favor: Lynch, McDonough, Manzi, Valentino and Mustain, Abstained: Napoli). A motion to nominate Mr. Manzi as Vice Chairman is made by Mr. McDonough, seconded by Mr. Lynch. Vote 5-1 (In Favor: Lynch, McDonough, Napoli, Valentino and Mustain, Abstained: Manzi). General/New/Old Business MACC Annual Dues The Administrator breaks down the costs for memberships and two on-line e-handbook subscriptions. A motion to approve the MACC annual dues in the amount of $985.00 is made by Mr. Manzi, seconded by Mr. Lynch. Vote 6-0, Unanimous. Decision 242-1893, 597 Foster Street (Fonzi) The Administrator reviews the draft Order of Conditions. The homeowner is obligated under Condition #58 to maintain the rain garden, and an O&M plan is necessary. There will be a need for dewatering; the Administrator must be given the means and procedures, and dewatering must be set up at the pre-construction meeting. The bond will be set in the amount of $5,000. 2024-07-17 Conservation Commission Minutes Page 8 of 8 Approved 08/28/2024 A motion to adopt the Order of Conditions as drafted and amended is made by Mr. McDonough, seconded by Mr. Manzi. Vote 6-0, Unanimous. Adjournment A motion to adjourn at 9:16 p.m. is made by Mr. McDonough, seconded by Mr. Manzi. Vote 6-0, Unanimous. 2024-07-17 Conservation Commission Minutes