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HomeMy WebLinkAbout2024-10-23 Conservation Commission Minutes Page 1 of 5 Approved 1111312024 North Andover Conservation Commission Meeting Minutes October 23,2024 Members Present: Bradley S. Mustain, Joseph W. Lynch(acting Chairman), John T. Mabon, and Marissa Valentino Members Absent: Sean McDonough, Louis A. Napoli, Chairman, and Albert P. Manzi, Jr., Vice Chairman, 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 October 09,2024 as drafted is made by Mr. Mabon, seconded by Mr. Mustain. • Vote 4-0,Unanimous. Small Project NACC#335, 1275 Salem Street(Clark) • The Administrator states the project involves creating an area of artificial turf grass for a dog's designated potty due to the dog destroying the backyard. The 16'x 2 P area is shady and difficult for grass to grow. The proposal includes laying blocks and pavers, leveling the area with loam, adding pea gravel/stone,weed barrier, and artificial turf grass. The owner began installing blocks and pavers but needed a contractor's help, the contractor told him he needed Conservation approval. The project is within 50'of the wetlands,possibly around 43-45'. Recommendations include qualifying the project under category "L" approving the project as proposed with post-construction inspection. • Jeffrey Clark,the Applicant notes the need for minor leveling due to a slight incline,proposing block pavers with a cap. • Ms. Valentino advises watering the turf if it hasn't rained. • Mr. Mabon questions water seepage with the weed blocker and artificial turf. • Mr. Clark explains the artificial grass allows water to sink in and is stain-free. • A motion to accept and approve this as a Small Project"L" with conditions as recommended is made by Mr. Mustain, seconded by Ms.Valentino. • Vote 4-0,Unanimous. Documents Pies 1275 Salem, Site Measurements Plan, Small Project Application with Supporting Materials 10 04 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 November 13,2024,is made by Mr. Mustain, seconded by Ms. Valentino. • Vote 4-0,Unanimous. Documents Email from Lkoncewicz(t)vhb.com requesting a continuance until 11113124 Notice of Intent(NOI) 242-1900, Great Pond Road(TONA) • The Administrator states the Applicant has requested a continuance. • A motion to continue to November 13, 2024,is made by Mr. Mustain, seconded by Ms. Valentino. • Vote 4-0,Unanimous. 2024-10-23 Conservation Commission Minutes Page 2 of 5 Approved 1111312024 Documents Email from plv ii)envlaartners.com requesting a continuance until 11113124 Notice of Intent(NOI) 242-1902, 82 Liberty Street(Landgraf) • The Administrator states the Applicant has requested a continuance. • A motion to continue to November 13, 2024,is made by Mr. Mustain, seconded by Ms. Valentino. • Vote 4-0,Unanimous. Documents Email from nc a)stamskiandnicnar %com requesting a continuance until 11113124 Notice of Intent(NOI) 242-1901, 1250 Osgood Street(1250 Osgood Street LLC) • Mr. Mustain discloses his job at TEC to avoid the impression of a conflict of interest. He states that he was not involved in TEC's work for the Town's Planning Board. He has no ties to the petitioner or the project, and the Conservation Commission has no jurisdiction over traffic or civil engineering issues. • The Administrator states the wetland,reviewed under an GRAD in March 2024, is on a 2. 3-acre parcel with a restaurant building from the 1950s. The site has 58,209-sq. ft. of impervious area and is served by Town sewer/water. Parts of the parking lot encroach on 100-foot Buffer Zone and 50-foot NBZ for a degraded wetland filled with trash and debris. No stormwater management devices are present, with runoff draining untreated via cape cod berms. The project involves demolishing an existing building to construct a 3-story daycare facility and offices. Work in the Buffer Zone includes parking lot improvements, grading, and stormwater features such as catch basins and infiltration chambers.No work is planned within the 25-foot NDZ. The redevelopment will reduce impervious area by 1,755-sq. ft.New stormwater features such as catch basins and infiltration chambers will be added. The entire parking lot will be curbed. The project is under review by the Planning Board. An initial third-party peer review was received from Horsley Witten, along with civil/traffic reviews from TEC and follow-up response from Merrimack Engineering. • Stephen Stapinski, Merrimack Engineering states that while some areas of the existing foundation will be retained, an additional foundation and building expansion are proposed. The ZBA process is complete with no appeals. Currently,the parking lot lacks drainage,leading water to flow into wetlands or abutters'properties. The plan involves adding more paving to meet zoning regulations and improve circulation. The revised stormwater plan includes increased infiltration system size, additional catch basins, and piping roof drains into the cultec system for a total suspended solids reduction of 80%and phosphorus reduction of 50%. Despite adding new infrastructure,post-development peak runoff rates match pre-development levels for various storm scenarios. The proposal includes deep sump basins with oil and gas traps,with all water directed to the cultec system, including runoff from the playground. TEC recommended additional erosion controls and site stabilization in civil engineering review,with some changes considered unnecessary by the consultant but agreed to by the Applicant, changes are reflected on the revised plans. • Ms. Valentino believes the new stormwater plan will be a significant improvement over the prior one and wonders why the storm scepter was removed. She believes that it is necessary to obtain 44% for pre- treatment. • Mr. Stapinski states that with new catch basins and post development subwater sheds, 80% TSS is met. Cultec provides treatment,resulting in approximately 82% TSS without a storm scepter. He states they are not required to meet 44%under stormwater bylaw since this is a redevelopment project. • Mr. Mabon questions how the impervious area is impacted. • Mr. Stapinski states the proposal increases the overall impervious area from the existing conditions. They reduced the paved surface area while increasing the overall impervious area by constructing an extension to the structure which is greater than the pavement they are removing. • Mr. Mustain questions where they propose to place the dumpster. • Mr. Stapinski states the dumpster is shown on the plan at the left rear corner of the building. 2024-10-23 Conservation Commission Minutes Page 3 of 5 Approved 1111312024 • Mr. Lynch stresses the importance of removing TSS before reaching the infiltrators and requests a third- party peer reviewer to confirm compliance with the 44%requirement before reaching the cultec. He also asks about the submission of an O&M Plan for inspection and cleaning. • Mr. Stapinski mentions the inclusion of a manhole in the original design for treating flow,which can be added if necessary. • The Administrator questions NACC's desire for pre-treatment regardless of peer review. • Mr. Stapinski believes the site may meet the Stormwater bylaw's requirements for a 50%reduction in TSS. • Mr. Lynch acknowledges that the project surpasses the 58,000-sq. ft. threshold for NPDES, allowing NACC to enforce the 44%requirement. The disturbance over an acre which makes it subject to federal requirements prevailing over MassDEP and Town Bylaw. • No abutters are present. • A motion to continue to November 13,2024,is made by Mr. Mabon, seconded by Mr. Mustain. • Vote 4-0, Unanimous. Documents Plans, Revised Plans, 1250 Osgood St Peer Review MES 8-26-24 Responses, 1250 Osgood Street Drainage Individual Catch Basin Catchment Plan, 1250 Osgood Street Stormwater report-FINAL, 1250 Osgood Stormwater Report General/New/Old Business 242-1810, Osgood Pond Dam-Public Comment • The Administrator provides background on the OOC issued by the NACC for tree removal at Osgood Pond Dam due to its deteriorating condition. Tree removal was conducted in July 2024,with a condition to coordinate with abutters at 146 Main Street. Erosion controls were installed, with face-to-face meetings held to exceed OOC requirements. However, abutters raised concerns about alleged damages to an HVAC unit, work quality issues,non-compliance reports, and tree debris left in the BVW. Additional issues included resprouting stumps and encroachment of native seed mix on the abutters' sewer connection area. The abutters have requested a platform to voice their concerns to the Commission,including an inquiry about mowing the area where native grass seed mix was spread. • Mr. Lynch discussed the high-risk Sutton Pond Dam,managed by Sutton Pond Condos, which required immediate attention after recent floods. The NACC issued a phased approach for repairs per ODS orders. The condo association was requested to notify the abutter about construction means and methods out of courtesy,not to seek permission, as Dam Safety directed compliance. Mr. Lynch highlighted the importance of addressing any abutter concerns that could conflict with NACC's Order or the state's Order before requesting a COC. • The Administrator confirmed completion of"Phase 0,"which included tree removal, stump painting, drainage, and seeding. GZA will replace GPR for future permitting but only after a COC is issued. • Greg Smith and Linda VanDeVoorde, 146 Main Street reported that their building's location on an unstable dam became more dangerous following an August flood,prompting further orders from Dam Safety. They claim Sutton Pond Condos and its contractors failed to adhere to the OOC's requirements for notifying and coordinating with neighboring properties,resulting in property damage,restricted access, and communication breakdowns. Their letter includes a timeline documenting Sutton Pond Condo's non- compliance and lack of cooperation, despite repeated attempts to resolve these issues through communication with project managers and relevant authorities. Per Mr. Smith any Sutton Pond activities must align with court-approved coordination terms and after-hours work on the property. • Mr. Lynch asserted that the issues raised are legal matters, not conservation issues.NACC aimed to recognize potential conflicts and wanted the Applicant to notify them when work would proceed. The Federal Government and Office of Dam Safety(ODS)agreed the dam is a safety risk and requires repair. • The Administrator reads Condition#50,which requires the Applicant to submit a report on coordination with abutters and contractors regarding work hours, safety, and methods before starting work. She was told by the Applicant that respective attorneys were in communication,but abutters reported a lack of 2024-10-23 Conservation Commission Minutes Page 4 of 5 Approved 1111312024 understanding about the project,prompting her to request a face-to-face meeting between the Applicant/contractor and the abutters. • Mr. Smith confirms a meeting with the contractor occurred the previous day. However,he was not ready for the work to begin due to outstanding issues regarding safety,property access, and parking. • Ms. VanDeVoorde reports that a letter was sent to Dan Galante at GSD outlining their concerns. She notes that a promised status report was never delivered. • Mr. Mabon highlights legal issues in Condition#50,mentioning potential violations of Condition 949 from a tree falling into the wetland. He emphasizes that damages are a legal,not a conservation matter. • Ms. Valentino defers to Commission members Lynch and Mahon, given their project knowledge. She points out that the complex site boundary issue falls outside NACC jurisdiction. • Ms. VanDeVoorde questions the NACC's ability to issue a COC for the project. • Mr. Lynch responds that the project must be substantially completed per the Order of Conditions,with all Order violations resolved before the NACC will issue a COC. He states the Applicant should be prepared to address unresolved issues and abutter concerns. • Mr. Mustain acknowledges that previous mistakes cannot be reversed. • Ms. VanDeVoorde expresses concern about tree stumps regrowing due to lack of required painting. • Mr. Lynch notes that stump regrowth is up to the ODS, as the Order does not prohibit it. • The Administrator states she was on-site for the painting but could not confirm every stump was painted. She informed ODS via email about stump regrowth,but ODS did not respond on that front. • Ms. Valentino confirms the OOC and state permit are the only permits currently in place. • The Commission discusses a native seed mix planted on abutters' property without permission and agrees the area will have to be restored. • No action is required at this time. Documents 242-1810, Osgood Pond Dam OOC, Melissa Rodrigues Order of conditions Letter-September 2024, Osgood Pond Dam NOI Site Plan (2021 March), Town of North Andover Mail- Osgood Pond Dam CofC Enforcement Order/Violation 242-1273, 113 Bridges Lane(Do Carmo) • According to the Administrator, the October 23rd deadline for removal and replanting has been reached and complied with. All that remains is monitoring plant survival for the next two growing seasons. • No action is required at this time. Documents 02-14-2024 Meeting Materials, 02-28-2024 Meeting Materials, 05-08-2024 Meeting Materials, 06-12-2024 Meeting Materials, 113 Bridges Lane-2nd Amended Enforcement Order 0612 24, Pics (2) Enforcement Order/Violation 49 Equestrian Drive(Maia) • According to the Administrator,the October 18th deadline for removing the stream crossing and restoring the stream bed has been reached and complied with. The next deadline is to submit a request for a Certificate of Compliance along with an as-built plan no later than October 31st and attend the November 13th meeting. The restoration area requires 75% overall survivorship of shrubs, and 90% coverage of the applied seed mix at the end of a two year monitoring period by a wetland consultant. She has requested the restoration area will be shown on the as-built plan for posterity. • No action is required at this time. Documents 05-22-2024 Meeting Materials, 06-26-2024 Meeting Materials,Amended Enforcement Order-49 Equestrian Drive 06 26 24, Restoration Area Photos- 49 Equestrian Drive (9-26-24) Enforcement Order/Violation 129 Forest Street(Trickett) 2024-10-23 Conservation Commission Minutes Page 5 of 5 Approved 1111312024 • The Administrator states that according to the most recent EO,the Commission granted the homeowners until August 28, 2025 to remove the patio and associated structures from the 25-foot NDZ and 50-foot NBZ. An email was sent to the homeowner for a status update but a response was never received. • A motion to continue to November 13,2024,is made by Mr. Mustain, seconded by Ms. Valentino. • Vote 4-0,Unanimous. Documents 04-26-2023 Meeting Materials, 05-08-2024 Meeting Materials, 06-12-2024 Meeting Materials, 08-28-2024 Meeting Materials, 129 Forest Street-2nd Amended Enforcement Order 08 28 24 Enforcement Order/Violation 82 Liberty Street(Johnstone/Landgraf) • The Administrator states the Applicant has requested a continuance. • A motion to continue to November 13,2024,is made by Mr. Mustain, seconded by Ms. Valentino. • Vote 4-0, Unanimous. Documents Email from ncLi�stamskiandtracnar .com requesting a continuance until 11113124 Enforcement Order/Violation 55 South Bradford Street(Chatterjee) • The Administrator states the homeowner has engaged the services Norse Environmental however the consultant has not had the opportunity to visit the site. • A motion to continue to November 13,2024,is made by Mr. Mustain, seconded by Ms. Valentino. • Vote 4-0,Unanimous. Documents Email from maureen a),norseenv.com requesting a continuance until 11113124 Enforcement Order/Violation 105 Hillside Road(Awerman) • The Administrator states a surveyed plot plan was received today.Norse Environmental is working with the homeowner to develop a mitigation plan since the concrete steps are located within the 25-foot NDZ. • A motion to continue to November 13,2024,is made by Mr. Mustain, seconded by Ms. Valentino. • Vote 4-0,Unanimous. Documents Email from maureen&norseenv.com requesting a continuance until 11113124 Adjournment • A motion to adjourn at 8:31 p.m. is made by Mr. Mabon, seconded by Ms. Valentino. • Vote 4-0,Unanimous. 2024-10-23 Conservation Commission Minutes