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HomeMy WebLinkAbout2025-04-23 Conservation Commission Minutes Approved 0511912025 Albert P.Manzi Jr., Chair .• Bradley S. Mustain John T. Mabon, Vice Chair j /j'' ;,-. Marissa Valentino Sean F. McDonough !'' Matthew Bohenek David F. White Town of North Andover North Andover Conservation Commission North Andover Conservation Commission Meeting Minutes April 23, 2025 Members Present: David F. White, Sean F. McDonough,Albert P. Manzi Jr., Chairman, John T. Mabon, Vice Chairman, Bradley S. Mustain,Matthew Bohenek, and Marissa Valentino Members Absent: n/a Staff Members Present: Amy Maxner, Conservation Administrator and Alexyss Langevin, Conservation Field Inspector and Planner Meeting carve to Order at. 7:03 p.m. Quorum Present. Pledge of Allegiance Chair Albert Manzi Jr. will only cast a vote in the event of a tie, in accordance with Robert's Rules of Order Newly Revised 12th ed.,§4:56 Acceptance of Minutes • A motion to accept the minutes of April 9, 2025, as drafted was made by Mr. Mustain, seconded by Ms. Valentino. • Vote 6-0,Unanimous. Request for Determination of Applicability MA Bay Commuter Rail Right-of Way(Keolis) • The Administrator explained that this is a routine five-year request from Mass Bay and Keolis for a Determination of Applicability as part of their Vegetation Management Plan(VMP)within the railroad rights- of-way. They are requesting confirmation of wetland boundaries and a Negative Determination, asserting the work qualifies for exemptions under the Wetlands Protection Act. The last filing was in 2020. MassDEP issued guidance in 2022 recommending the issuance of a Positive#2A (wetland boundaries are accurate) and a Negative#5 (work is exempt regardless of resource areas). The Administrator recommends following this guidance. • Ms. Valentino questioned whether a Positive#213 (boundaries not confirmed)would be more appropriate. • The Administrator acknowledged that option but noted that verifying boundaries in the field would require substantial effort and that the current review is based on GIS desktop analysis. • Matt Donovan of Benesch was present on behalf of the Applicant. He explained that they are seeking a Positive#2A to proceed with the VMP. Of the 103 towns Keolis services, 40 have issued determinations, none of which were Positive#213. He added that commissions have included clarifying language that the Positive#2A applies only to vegetation management activities along the commuter rail right-of-way,which would prevent the determination from affecting future projects. • Mr. White asked whether herbicide would be the only method used and whether a Negative#5 would authorize both herbicide and mechanical methods. • Mr. Donovan clarified that the VMP includes both methods and confirmed that the exemptions under a Negative#5 would cover both. • A motion to issue a Positive#2A and Negative#5 Determination, with a note that the Positive#2A applies only to vegetation management under this VMP was made by Mr. Mustain, seconded by Ms. Valentino • Vote 6-0,Unanimous. Documents Cover Letter, DEP Guidance for MBTA RDAs June 2022, Description, Maps, RDA Certificate of Compliance 242-1853,40 Candlestick Road(Mather) • The Administrator stated at the last meeting that the only remaining issue was the removal of erosion control. She has since confirmed its removal and recommends issuing a full Certificate of Compliance with ongoing conditions as outlined in the Order. • A motion to issue a full and final Certificate of Compliance was made by Mr. McDonough, seconded by Mr. White. • Vote 6-0,Unanimous. Documents 04-09-2025 Meeting Materials Certificate of Compliance 242-1712,255 Hay Meadow Road (Atty.Arielle Cecala) • The Administrator explained that the July 2017 Order,which covered revetment work for the driveway,was never acted upon. A professional land surveyor confirmed this through site observations. She recommended issuing a Certificate of Compliance, noting the Order has expired,no work was done, and any future work would require a new application. • A motion to issue a Certificate of Compliance as recommended was made by Mr. McDonough, seconded by Mr. Mustain. • Vote 6-0,Unanimous. Documents COC Request with Supporting Materials-255 Hay Meadow Road 0410 25, NOI Plans 10.17.17 a, NOI Plans 10.17.17 b, Precast Concrete Curb Straight Section Specs Notice of Intent 242-1906,430 Osgood Street-NAHS (North Andover Public Schools) • The Administrator stated that a few items remained for discussion from the last meeting. These included the proposed chain link fence at the southeast side of the track,which will jog to avoid the 50-foot No-Build Zone (NBZ); a revised plan showing this was submitted. Also outstanding was access to the subsurface detention system—responses to this are included in the Commission's packet. Lastly, the type and size of the existing catch basin on the west side of Wayne Street needed confirmation, as it was previously inaccessible. • Ryan Thackeray of Gale Associates reported that he visited the site earlier that evening but could not remove the grate,which had been paved over. As a result,he could not confirm if a hood was present or obtain a precise invert elevation. He estimated the sump depth to be about 71-72 inches, with a water level around 26 inches. He recommended that the contractor be tasked with surveying the sump and invert and verifying or installing a hood if necessary. • The Administrator noted that the final outstanding item was the combined Operation and Maintenance (O&M)Plan covering the entire campus,including the new portion of the project. • Commissioners Mustain,McDonough, and Mabon agreed that the Wayne Street catch basin should be confirmed or converted to a deep sump,hooded structure,particularly given the addition of impervious area upstream. They emphasized the need for all catch basins in the project area to be located, inspected, cleaned, and made accessible and serviceable through normal means. • Mr. Mustain noted concerns that other catch basins may also be paved over. • Mr. Manzi recommended including these requirements as pre-construction conditions. • The Administrator added that a comprehensive site survey will be needed to compare requirements under the original Order(DEP#242-1045), and if deep sump basins were required,they must be confirmed before a Certificate of Compliance is issued. 2025-04-23 Conservation Commission Minutes Page 2 of 7 • Mr. Bohenek asked for clarification on the access frame kits in the turf for the subsurface infiltration gallery. • Mr. Thackeray explained they are 2.5-foot metal squares installed at the base stone level with removable turf- covered lids and rubber gaskets. These provide easy access without needing to cut the turf, a method often used for areas requiring frequent inspection. • Mr. Bohenek also questioned whether the O&M Plan's requirement that records be submitted to MassDEP and the Commission could be amended to"upon request." • The Administrator confirmed that annual reporting is standard for the NACC and will be required as a condition. She noted that a condition adapted from a Newton synthetic turf project was shared with Gale Associates, who proposed minor edits. She had no objection to the revisions. • Mr. Thackeray commented on PFAS testing using Method 1633, stating they support the method but cautioned against using the term"non-detect,"which can cause confusion. He suggested conditioning the submission of test results without requiring"non-detect"language, allowing flexibility in how results are interpreted. • Melinda Perone, 65 Meadowood Road asked about PFAS testing before and after installation, and again one year later. • Mr. Mabon explained that the condition pertains to a certificate of analysis for the crumb rubber, ensuring it is car-based rather than truck-based—car-based rubber being less likely to contain PFAS. Certification must be submitted before installation. • Ms. Perone asked if the project includes testing for 6PPD-quinone,which forms from 6PPD and is toxic to fish. • The Administrator stated this testing is not specifically called out. • Ms. Valentino asked whether 6PPD-quinone is regulated by MassDEP. • Mr. Manzi clarified that a certificate of origin is required before the material is brought on site. • Ms. Perone noted that PFAS originates from the plastic turf blades and 6PPD from tire treatments,both of which degrade and enter water systems, affecting aquatic life. She emphasized the importance of testing both before and after installation to monitor impacts on wetlands and Cochichewick Brook. • Mr. Manzi responded that the Commission will continue this discussion during review of the Order of Conditions. • A motion to close and issue in 21 days was made by Mr. McDonough, seconded by Mr. Mabon. • Vote 6-0,Unanimous. Documents 02-12-2025 Meeting Materials, 02-26-2025 Meeting Materials, 03-12-2025 Meeting Materials, 04-09-2025 Meeting Materials, 04-17-25 Conservation Response Submission-Reduced for Printing Notice of Intent 242-1907,Route 114 ROW from Waverly Road to Willow Street/Mill Road(MassDOT) • Samuel Campbell of Greenman-Pedersen, Inc. reported no new information and confirmed MassDEP has no additional comments on the Notice of Intent (NOI). He asked to discuss two draft conditions with the Commission. Condition#39E (Dewatering): Clarified that no water from dewatering will be discharged to wetland resource areas. The bypass pump for Mosquito Brook will move water directly from resource area to resource area, with no discharge from dewatering zones. Condition#47 (Catch Basins): Requested clarification on whether all proposed catch basins need oil/grease traps or just those in commercial areas. They propose using standard MassDOT hoods but note that these are often seen as a maintenance burden during sump clean-outs. • Mr. Mustain questioned why maintenance is an issue,noting he frequently observes MassDOT performing this work. • Mr. Campbell explained that with the volume of structures maintained by MassDOT,hoods can be dislodged during maintenance. • Mr. Mustain expressed support for keeping Condition#47 as written,noting hooded catch basins are standard locally and that,while maintenance may be difficult,it is routine. 2025-04-23 Conservation Commission Minutes Page 3 of 7 • Ms. Valentino agreed, emphasizing that the area experiences high traffic and the investment in proper infrastructure is worthwhile. • Mr. Bonhenek asked about the number of catch basins involved in the project. • Mr. Campbell estimated several hundred with deep sumps, covering Waverly Road,Willow Street,Mill Street, and connecting side streets. • Mr. Mabon supported requiring oil/grease traps,noting their appropriateness for a roadway project. • Mr. Mustain expressed surprise that hooded catch basins wouldn't be standard, citing that all MassDOT projects he works on include them and are reviewed for compliance. • John Tamburrini of Greenman-Pedersen, Inc. explained that within state jurisdiction,they are typically directed not to include them,but within municipalities they are often required. • No abutters were present. • A motion to close and issue in 21 days was made by Mr. McDonough, seconded by Mr. Mustain. • Vote 6-0, Unanimous. Documents 02-12-2025 Meeting Materials, 04-09-2025 Meeting Materials Notice of Intent 242-1910, 575 Osgood Street(Edgewood Retirement Community) • The Administrator stated the Applicant has requested a continuance. • A motion to continue to May 14, 2025, was made by Mr. Mustain, seconded by Mr. McDonough. • Vote 6-0,Unanimous. Documents Email from bosgood@rangereng.com requesting a continuance until 05114125 Notice of Intent 242-1911, Osgood Street&Great Pond Road Intersection Improvement(North Andover DPW) • The Administrator stated that the project involves intersection improvements at Great Pond Road and Route 125 near Butcher Boy Plaza, including geometric changes, sidewalks, crosswalks, utility and signal work, paving, signage, and stormwater management. Some work falls within the 25-foot NDZ and 50-foot NBZ, though these areas are already disturbed. The site is within the Watershed Protection District, and a special permit waiver will be considered by the Planning Board on May 6. The Administrator plans to visit the site next week with the wetland consultant. If the waiver is not granted, a third-party stormwater review by Horsley Witten may be required through the Conservation permit process. • Alyssa Jacobs of Epsilon Associates, Maggie Laracy of Langan Engineering, and Drew Talcoff of Vanasse Associates represented the applicant. Ms. Jacobs explained the DPW project aims to improve pedestrian safety with sidewalks,ADA ramps, and signalized crosswalks. All work is within disturbed areas of the state highway layout,with no direct wetland impacts. A waiver has been requested for work within the 25- and 50- foot buffer zones. Minor increases in impervious surface from sidewalks are offset by decreases from roadway reconfiguration. • Mr. Talcoff confirmed a net increase in impervious areas due to sidewalks. Road narrowing will help calm traffic and improve pedestrian safety. • Ms. Laracy said no stormwater BMPs currently exist,but a bioretention area is proposed in the Butcher Boy island to treat runoff before discharge to the wetland. • Ms. Jacobs said no mapped NHESP habitat exists within the project limits. • Mr. Manzi referenced a nearby area once identified as Blanding's turtle habitat. • Mr. Talcoff confirmed hoods, curbing, and drainage sloping into the road. Portions of the road will convert from country to curbed drainage, increasing collection. • Ms. Laracy noted only a minimal increase in flow, and existing drainage transitions are already present. • Mr. Mustain emphasized minimizing gutter spread to prevent hydroplaning. • Ms. Valentino recommended a third-party stormwater review. 2025-04-23 Conservation Commission Minutes Page 4 of 7 • The Administrator reviewed photos showing Cape Cod berm on the water side and country drainage where the sidewalk is proposed. Mr. Talcoff said the closed drainage system won't be significantly expanded. • Mr. Mustain said the existing curb changes his view of the area. • The Commission agreed to require a third-party stormwater review,funded by the applicant.If the Planning Board requires one,the Commission will coordinate with them. • A motion to require a third party stormwater review was made by Ms. Valentino, seconded by Mr. Mabon. • Vote 6-0,Unanimous. • A motion to continue May 14, 2025,was made by Mr. McDonough, seconded by Mr. Mustain. • Vote 6-0, Unanimous. Documents 20250410-NOI-VAI Osgood Street Improvenients_r, Bioretention Spec Sheet, Intro &Project Narrative, Maps, Photos, Plan Set, Soil Testing Report, Stormwater O&M, Stormwater, Waiver Worksheet Enforcement Order/Violation 242-1787, 135 North Ramp Road—30-Day Update • The Administrator informed the Commission that the City of Lawrence has yet to submit the required documentation outlined in items 5 and 6. In the meantime,the City has requested a modification to one of the existing conditions in the Order of Conditions. • Atty. Houten explained that the City is having difficulty securing contractors due to language in Condition #33, which holds contractors jointly liable for any violations—something many contractors and insurers are unwilling to accept. He asked the Commission to consider amending or waiving this condition to help move the project forward. • Mr. Manzi acknowledged the concern but noted that joint liability has been an effective tool for ensuring accountability in the past. As an alternative,he proposed a performance bond from the City. • Atty. Houten responded that securing such a bond through municipal channels would take considerable time due to necessary approvals. • The Administrator clarified that a$40,000 performance bond is already required under Condition#38, regardless of who posts it. • The Commission then discussed the possibility of revising the language in Condition#33 to hold contractors responsible only for their own work, not for broader or future violations. • A motion to continue to May 14, 2025,to revise the language of Condition#33,temporarily suspend deadlines, and work with the Administrator and Attorney Houten on updates was made by Mr. White, seconded by Mr. McDonough. • Vote 5-1, (In Favor: White,McDonough, Mabon, Bohenek and Mustain,Abstained: Valentino). Documents 02-26-2025 Meeting Materials, 242-1787, 135 North Ramp Road- 3rd Amended EO Glass Erosion 02 26 25, 242-1787, 135 North Ramp Road OOC, NA Conservation Enforcement Order/Violation 242-1878,30 Anne Road(Vidal) • The Administrator stated the Applicant has requested a continuance. • A motion to continue to May 14, 2025,was made by Mr. Mabon, seconded by Mr. McDonough. • Vote 6-0,Unanimous. Documents Email from alek@chongrisengineering.com requesting a continuance until 05114125 Enforcement Order/Violation 488 Pleasant Street(Borke/Brecher) • The Administrator explained that the Violation consisted of vegetation clearing that was observed by staff. Work ceased immediately upon staff arrival. The crew was cooperative and the company principal later met with the Conservation Department to review proposed additional work. The property was previously 2025-04-23 Conservation Commission Minutes Page 5 of 7 permitted for a house with a dense planting plan in the 25-foot No Disturb Zone(NDZ),but the as-built plan is missing. Some invasive species were present, and a small area of soil was disturbed. A dock was also noted on site with no permit on record. • Mr. Manzi summarized that the violation is primarily vegetation cutting requiring restoration, not filling or dumping. • The Administrator added that a patch of pachysandra was removed, exposing soil,but there was no grading or filling. • Andy Crittenden of AC Landscaping explained they were preparing the yard for a future event and intended to clean up invasive plants and reseed the lawn. He acknowledged he should have sought permission first. The work aimed to improve tree health and aesthetics but unintentionally violated wetland protections. • Mr. Mustain emphasized that the goal is ecological protection, not aesthetics. He noted he was in support of a restoration plan and requested clarification on the unpermitted dock. • The Administrator confirmed the dock has no permit on file. • Mr. Manzi noted many docks exist on Steven's Pond and suggested the dock be removed and permitted separately as part of restoration. • Mr. Crittenden stated the dock predated the current homeowner and was believed to be grandfathered in. • Commissioners Valentino and McDonough stressed the importance of restoring native vegetation to reduce phosphorus runoff into Steven's Pond and protect water quality. • Mr. Mabon advocated for reestablishing the original planting plan and controlling invasives like bittersweet and poison ivy. • Mr. White confirmed that it was safe to assume the partially cut tree was dead or would not survive and that removal should be completed. He questioned whether the landscaping crew includes certified arborists (which they do not). • The Administrator offered to provide the original approved plan(which included approx. 167 shrubs)to guide restoration. She offered to work with Mr. Crittenden to adjust plant species if needed and ensure invasive species control is part of the plan. • The Commission agrees to allow the remaining tree to be removed and leave the dock in place while the proper permitting process is determined. • The Administrator noted that a Notice of Intent(NOI)may be required for the dock. • Mr. Manzi stated this is the only new house built on Steven's Pond in the last 50 years; others predate the Wetlands Protection Act(WPA). The 25-foot NDZ and 50-foot NBZ were met when the house was built, and no waivers were granted. • The Commission agreed the Enforcement Order(EO)will allow for the removal of the dead tree, leaving the dock in place while permitting is determined, development of a Vegetation Management Plan(VMP), restoration of the NDZ based on original or updated plans, invasive species removal and ongoing care. • After further discussion the Commission agrees the dock will remain in place temporarily while permitting options are explored. • A motion to ratify the Enforcement Order as discussed was made by Mr. McDonough, seconded by Mr. Mustain. • Vote 6-0,Unanimous. Documents 488 Pleasant Street Pics, 488 PLEASANT STREET-Notice oflntent APPROVED PLAN, 488 Pleasant Street - Violation Letter 04 22 25 Decision 242-1906,430 Osgood Street-NAHS (North Andover Public Schools) • The Administrator reviewed the draft Order of Conditions. • Condition#47 will be revised to reference a hood instead of water quality. Condition#51 will be updated to standardize language,replacing"oil/grease traps"with"hoods."All existing and new catch basins must be cleaned prior to construction, maintained during construction, and cleaned again post-construction. Language will be added requiring removal and proper disposal of all silt and debris in accordance with local regulations. 2025-04-23 Conservation Commission Minutes Page 6 of 7 A$50,000 performance bond will be required from the contractor. Future bond amounts will be based on estimated site work costs. The applicant and design consultant, in coordination with the contractor,must submit certified letters and product specifications verifying that all materials meet or exceed required standards. The Commission will not remove the references to the European Union REACH and California Proposition 65 compound lists, as requested by the consultant. The Commission acknowledges that PFAS compounds are widespread,malting no-detect standards likely unattainable. It will be the applicant's responsibility to provide applicable industry standards for PFAS. • A motion to adopt the Order of Conditions as drafted and amended was made by Mr. McDonough, seconded by Mr. Mustain. • Vote 6-0,Unanimous. Decision 242-1907,Route 114 ROW from Waverly Road to Willow Street/Mill Road(MassDOT) • The Administrator reviewed the draft Order of Conditions. • No performance bond will be required, as MassDOT is not subject to the local bylaw. Condition#39E will be revised to address bypass dewatering from resource area to resource area. Condition#39D will be updated to state that discharge water turbidity must not exceed limits set in the Construction General Permit. Condition #47 will require hoods on all catch basins,with language standardized by replacing"oil/grease traps"with "hoods. • A motion to adopt the Order of Conditions as drafted and amended was made by Mr. McDonough, seconded by Mr. Mabon. • Vote 6-0,Unanimous. Adjournment • A motion to adjourn at 9:13 p.m. was made by Mr. McDonough, seconded by Mr. Mustain. • Vote 6-0,Unanimous. 2025-04-23 Conservation Commission Minutes Page 7 of 7