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HomeMy WebLinkAbout2024-10-09 Conservation Commission Minutes Page 1 of 6 Approved 10/23/2024 North Andover Conservation Commission Meeting Minutes October 9, 2024 Members Present: Bradley S. Mustain, Joseph W. Lynch, Sean McDonough, Louis A. Napoli, Chairman, Albert P. Manzi, Jr., Vice Chairman, John T. Mabon, and Marissa Valentino Members Absent: none Staff Members Present: Amy Maxner, Conservation Administrator Meeting came to Order at: 7:00 p.m. Quorum Present. Pledge of Allegiance Acceptance of Minutes A motion to accept the minutes of September 11, 2024 and September 25, 2024 as drafted is made by Mr. Manzi, motion carries. Vote 4-2, (In Favor: Mustain, Napoli, Manzi, Valentino, Abstained: Lynch & Mabon). Small Project NACC #334, 7 Duncan Drive (Owen) The Administrator states the project consists of installing a fence in the backyard and part of the side yards. It will be located outside of the 25-foot NDZ, made of wood posts and aluminum rails. A few white pine branches will be trimmed, but otherwise no vegetation will be disturbed. The Applicant inquired about wetland setbacks for aluminum section installation. She advised halting work, visited the site, and confirmed compliance with the 25-foot NDZ. Recommendations include qualifying the project under category "H" approving the project as proposed with post-construction inspection and wetland maker installation. Jimmy Owen, the Applicant is present. A motion to accept and approve this as a Small Project "H" with conditions as recommended is made by Mr. Manzi, seconded by Mr. Mustain. Vote 6-0, Unanimous. Documents IMG_3915, IMG_3916, IMG_3920, Small Project Application with Supporting Materials 10 02 24 Request for Determination of Applicability 4 Oak Avenue (Generator Supercenter of Peabody) The Administrator states the project consists of the installation of an 18kW generator on a 4x3 concrete pad in a lawn/landscape bed. The generator will be close to an existing gas line, reducing the need for disruptive -ft from the BVW. A waiver request was submitted to allow the generator within the 50-foot NBZ. After discussing the request, the Commission decides the NACC must be notified in the event that the generator's position needs to be changed. 7:08 p.m. Mr. McDonough joins the meeting. A motion to grant the waiver request as proposed is made by Mr. Manzi, seconded by Mr. Mabon. Vote 6-1, (In Favor: Mustain, Lynch, Napoli, Manzi, Mabon, Valentino, Abstained: McDonough). A motion to close the hearing and issue Negative Determination #3 with conditions (pre- and post- construction meetings) is made by Mr. Manzi, seconded by Mr. Lynch. Vote 6-1, (In Favor: Mustain, Lynch, Napoli, Manzi, Mabon, Valentino, Abstained: McDonough). Documents IMG_4030, RDA Application with Supporting Materials 09 24 24, Site Notes (8-26-2024) 4 Oak Ave. Notice of Intent (NOI) 242-1894, 1101 Turnpike Street (Mass Electric Company) 2024-10-09 Conservation Commission Minutes Page 2 of 6 Approved 10/23/2024 The Administrator states the project consists of expanding the front easterly parking area to hold 79 spaces, add a retaining wall with wooden guardrail, build a gravel wetland with sediment forebay below the wall to filter stormwater, and install catch basins to direct water to the gravel wetland. Wetland resources including BVW, Land Under Water Body, Inland Bank, 200-Foot Riverfront Area are involved. No new work in 25- foot NDZ or 50-foot NBZ, LUW, Bank, or BVW. 81-sq ft of Riverfront will be repaved, 600-sq ft of Buffer Zone converted to parking, and 4,300-sq ft temporary impact including repaving, grading, and stormwater system installation in Buffer Zone. The stormwater was peer reviewed, with outstanding concerns: additional test pits in gravel wetland area, entire site lacking Stormwater O&M Plan, Planning Board requires submission of O&M plan before construction as well as an illicit discharge statement needed before land disturbance. Mr. Lynch explains that a 60,000-sq ft land disturbance requires a NPDES filing which will allow the NACC to add an O&M requirement. Shane Michniewicz, VHB states that test pits have been performed in the gravel wetland area, based on the results no design changes are anticipated. Test pit results are in process right now and will be sent to the Planning Board for their condition of approval. Mr. Mabon confirms that the test pit data will be provided to the NACC. Mr. Mabon defers to civil engineers for stormwater management issues to ensure their satisfaction with open review concerns. According to Kelan Koncewicz of VHB, the gravel wetland will be maintained and won't be regarded as a jurisdictional wetland. In the event that ledge is found, Mr. Mabon wonders how they would approach it. Although Mr. Michniewicz says the contractor would make this decision, he thinks blasting and even some rock excavation would be required. He said the Applicant is willing to provide a comprehensive O&M plan covering the whole site. Prior to approval, Mr. Lynch requests submission of test pit results and comprehensive O&M Plan for review by the NACC. No abutters are present. A motion to continue to October 23, 2024, is made by Mr. McDonough, seconded by Mr. Manzi. Vote 7-0, Unanimous. Documents 06-26-2024 Meeting Materials, 1101 Turnpike Street - Wetland Permit History, 2024-09-16-1101 Turnpike- Local Approval Plan Sheets Revision 1, 240916 1101 Turnpike - PLAN Set Revision 1, 240924 Planning Board Timestamped Decision, 1629300 Stormwater Report 2024-05-30, HW 1st Stormwater Peer Review, HW_2nd, Final Stormwater Peer Review, PPNT Presentation to Con Com 10-9-2024, VHB Response Stormwater Peer Review Comments Notice of Intent (NOI) 242-1900, Great Pond Road (TONA) The Administrator offers background for the proposal discussed at a prior meeting. The Commission requested additional information on a 1:1 replacement of trees with a diameter of at least 1" for all removed trees; the design plans state that the replacement trees must be 2+ gallons or 4- greater DBH. Concerns about ice formation on the lake and ramp were raised by the Commission. A product data sheet has been provided. The pavers will be installed without mortar to withstand freeze-thaw cycles and prevent cracking, chipping, or spalling. The project has undergone 3 rounds of stormwater peer review. remaining tasks include verifying exfiltration rates and groundwater levels in bioretention areas, submitting evaluation logs, ensuring a 30' long construction entrance, and providing updates on state/federal permits. The Chapter 91 & 401 Water Quality permits were submitted last week, MEPA requires an EIR to be submitted within the next few weeks, and ACOE permit will be submitted in the next couple of weeks. 7:36 p.m. Mr. Manzi leaves the meeting. 7:38 p.m. Mr. Manzi rejoins the meeting. 2024-10-09 Conservation Commission Minutes Page 3 of 6 Approved 10/23/2024 Jamie Veillette, Environmental Partners states the FEMA Flood Zone was updated to 1,540-sq ft., with 1:1 replacement. Groundwater near the lake was assessed using three borings, with water found in two pits about 5 to 6-ft below grade. Lake elevations were 1 to 2-ft below the lake bed. Test pits in the proposed bio retention areas will be conducted before construction to make design changes if necessary due to groundwater presence. A turbidity curtain and cofferdam will be used for the construction work in the lake. Water will be pumped out within the project limits. The plan includes demolishing and replacing the retaining wall along the lake's edge, with dewatering needed to ensure dry conditions for proper installation of the leveling pad. A cross section detail of the MSE block wall is depicted in the plans. Mr. Lynch inquires about the impact of the Water Treatment Plant artificially fluctuating water levels in the lake and corresponding water table at high elevation on the bottom of the bioretention area. He emphasizes the importance of completing test pits before obtaining a permit from the NACC to finalize discussions. Additionally, he highlights the need to address the expected lifespan of the ramp and mentions his interest in a reference or case study from New England involving a bioretention area in a lake setting that has been operational for a minimum of five years. Ms. Veillette discusses the difference between groundwater and reservoir water elevation, attributing it to the reservoir's function as a storage area. She admits to lacking scientific data but highlights manufacturer recommendations based on research and communication. The material is commonly used for boat ramp or bank stabilization and offers the advantage of easier paver replacement over precast sections in case of cracking. The Commission agrees they are in favor of test pits being performed prior to issuing a permit as well as any case studies for the ramp materials in northern climates. No abutters are present. A motion to continue to October 23, 2024, is made by Mr. McDonough, seconded by Mr. Lynch. Vote 7-0, Unanimous. Documents 08-28-2024 Meeting Materials, 240920_2nd_SWPeerReview_BoatLaunch (1), 241001_3rd_SWPeerReview_BoatLaunch, EP Stormwater Peer Review Responses #2, HW 1st Peer Review Comment Letter 8-26-24, N. Lake Cochichewick Boat Launch_NOI Supplemental Info Letter #2_20241004, Revised Permit Set_20240821 Enforcement Order/Violation 105 Hillside Road (Awerman) The Administrator reports that the homeowner has engaged Jack Sullivan to perform a survey of the property and prepare a plot plan as required in the Enforcement Order. A motion to continue to October 23, 2024, is made by Mr. McDonough, seconded by Mr. Lynch. Vote 6-1, (In Favor: Mustain, Lynch, McDonough, Manzi, Mabon, Valentino, Abstained: Napoli). Documents 08-28-2024 Meeting Materials, 09-25-2024 Meeting Materials, CORRECTED Amended EO 105 Hillside 9- 25-24, Town of North Andover Mail - Re_ 105 Hillside Road, NA - Survey Plan Enforcement Order/Violation 242-1787, 135 North Ramp Road (Lawrence Municipal Airport) Mr. Napoli recuses from the discussion due to a conflict of interest, and Mr. Manzi steps in as Chair. Francisco Urena, Lawrence Municipal Airport and Kevin Foley, First Assistant City Attorney for the City of Lawrence are present. According to Attorney Foley, they are waiting on the Commission to provide them guidance on what has to be done in order to remedy it. He claims that since the rip rap was put in place in August 2023, there hasn't been any further infiltration toward the Resource Area. Mr. Manzi asserts that the Order of Conditions was issued to Lawrence Municipal Airport, not the tenants. He says that the OOC is separate from the Enforcement Order, which deals with slope collapse and the movement of plastic and glass into the wetland. 2024-10-09 Conservation Commission Minutes Page 4 of 6 Approved 10/23/2024 The Administrator states the Commission did agree to consider modifying the OOC to reflect that the Order does not encumber the entire parcel rather the leased part of the parcel. According to Attorney Foley, the LMA lacks the funds needed to complete the work. They are seeking to accomplish something with the current tenant under the guidance of the NACC. He understands that they must remove the glass that has traveled down to the Resource Area. The Administrator states that based on what happened during the flood, the NACC questioned if the design was acceptable given what they had observed out there; we had a heavy rain event, and side slopes collapsed. The Enforcement Order required them to re-evaluate the design in light of the incident, which involved a glass slope collapse. The OOC was issued in February 2023. Mr. Lynch states the Order is a result of unauthorized landfill expansion and speculative glass buildup in a jurisdictional area without a permit. The Commission ordered them to cease and desist, and instructed them not to use the peninsula. They proposed a competent approved plan to cap off, seal, stabilize the slope, capture water, and prevent glass sliding, but failed to conduct the work outlined in the Order, leading to a second EO due to a large storm event. Recent Google Earth images indicate continued use of the peninsula, violating both the current Order and the original Enforcement Order. Mr. Lynch asserts that the Order is valid and should be implemented. Mr. Manzi states if they are looking to change the Order, they need to file an amendment with the NACC. Per the Administrator an amendment can be filed to change the area covered by the Order. The appropriateness of the design is questioned due to the pile's behavior during the rain event. Brian Geaudreau, Hancock Associates states he is familiar with the referenced plan, despite not being the designer. He concurs with Commissioner Lynch that erosion resulted from the failure to complete the specified work. Mr. Geaudreau believes that significant changes to the plan and stormwater management are unnecessary. A recent site walk occurred, but there is no formal restoration plan or narrative yet. PGA was not seen in the wetland, only within the 25-foot NDZ. The first step is to survey the erosion area and assess glass washout extent to place erosion controls. A ramp is proposed for small equipment access to remove glass and introduce suitable planting materials. He suggests removing the three large washout areas and covering smaller ones with soil and specific seed mix. They are awaiting guidance from the NACC regarding their desired course of action (complete removal of glass or most of the accessible glass), the construction of the access ramp, and whether the NACC is open to keeping it as a ramp before drafting a comprehensive plan. Ms. Valentino inquires about completing both restoration and work specified in the Order of Conditions. Mr. Mabon emphasizes removing any contamination within the wetland line. Mr. Lynch insists on maintaining the PGA no closer to the wetland than in the initial proposal. He opposes keeping the access ramp after restoration is complete. He argues that ownership responsibility is clear, falling on the landowner and questions who will do the work. Mr. McDonough requests all PGA be removed from wetlands and the Buffer Zone, returning the area to its original state. Mr. Mustain believes it would be unreasonable to expect every piece of glass to be removed. Mr. Geaudreau suggests completing restoration before constructing stormwater controls, with no need to alter the approved design in the Order at present. The Commission agrees that they are looking for restoration and stability and that once the Order is implemented, the area will be restricted to the maintenance of stormwater BMPs. They request that a restoration plan be prepared for the review and approval by the NACC. Mr. Geaudreau anticipates requiring a minimum of six weeks for preparation. A motion to continue November 13, 2024, is made by Mr. Mabon, seconded by Mr. Lynch. Vote 6-1, (In Favor: Mustain, Lynch, McDonough, Manzi, Mabon, Valentino, Recused: Napoli). Documents North Ramp Glass Pile 10-2-24, 11-16-22 Hancock Revised Plan Set FINAL, 242-1787, 135 North Ramp Road - Amended EO Glass Erosion 08 23 23, 242-1787, 135 North Ramp Road - EO Follow UP Letter 09 12 24, 242-1787, 135 North Ramp Road OOC, 8131C 2024-09-10 STAMPED (1) Abbreviated Notice of Resource Area Delineation 2024-10-09 Conservation Commission Minutes Page 5 of 6 Approved 10/23/2024 242-1889, 492 Sutton Street (NAAS Development, LLC) The Commission discusses how to proceed with the application. A motion to close and issue in 21 days is made by Mr. McDonough, seconded by Mr. Manzi. Vote 7-0, Unanimous. Documents 05-08-2024 Meeting Materials, 08-28-2024 Meeting Materials, 09-11-2024 Meeting Materials Decision 242-1889, 492 Sutton Street (NAAS Development, LLC) The Administrator reviews the draft Order of Resource Area Delineation. A motion to adopt the Order of Resource Area Delineation as drafted is made by Mr. Manzi, seconded by Mr. McDonough. Vote 7-0, Unanimous. General/New/Old Business 242-1816, 325 Johnson Street, Request for Extension (Sparks) The Administrator provides background information on the Order issued in November 2021. The project was delayed due to expiration of Watershed permit, but work is now ongoing while maintaining compliance and containment. The Applicant is requesting a 1-yr extension as the Order is due to expire in November 2024. A motion to grant the 1-year extension is made by Mr. McDonough, seconded by Mr. Manzi. Vote 7-0, Unanimous. Documents #242-1816 FINAL Site Plan-325 Johnson, Extension Request 09 19 24 General/New/Old Business Approval of 2025 Conservation Calendar The Commission reviews the draft calendar. A motion to adopt the 2025 Conservation Calendar as drafted is made by Mr. McDonough, seconded by Mr. Manzi. Vote 7-0, Unanimous. Documents 2025 Meeting Dates R1 - DRAFT Decision 242-1899, 865 & 877 Johnson Street (Resca) The Administrator reviews the draft Order of Conditions. Additional language will be added to the OOC if lots/land is sold separately. The bond will be set in the amount of $15,000. Dewatering BMPs must be proposed, approved, and installed at the time of the pre- construction meeting. A motion to adopt the Order of Conditions as drafted and amended by Mr. Mustain, seconded by Mr. McDonough. Vote 7-0, Unanimous. Decision 242-1903, 186 Bradford Street (Ghikas) The Administrator reviews the draft Order of Conditions. The language in Condition #45 is reviewed and revised to eliminate grammatical errors. A motion to adopt the Order of Conditions as drafted and amended by Mr. Mustain, seconded by Mr. McDonough. Vote 7-0, Unanimous. Adjournment 2024-10-09 Conservation Commission Minutes Page 6 of 6 Approved 10/23/2024 A motion to adjourn at 9:02 p.m. is made by Mr. McDonough, seconded by Mr. Manzi. Vote 7-0, Unanimous. 2024-10-09 Conservation Commission Minutes