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HomeMy WebLinkAbout05 22 19 NACC Meeting Minutes 05 22 19 NACC Meeting Minutes Page 1 of 7 North Andover Conservation Commission Meeting Minutes May 22, 2019 Members Present: Louis A Napoli, Chairman, Albert P. Manzi, Jr., Vice Chairman, Deborah A. Feltovic, Douglas W. Saal and Sean F. McDonough Members Absent: Joseph W. Lynch and John T. Mabon Staff Members Present: Jennifer A. Hughes, Conservation Administrator Meeting came to Order at: 7:01 p.m. Quorum Present. Pledge of Allegiance Acceptance of Minutes  A motion to accept the minutes of the April 24, 2019 and May 8, 2019 as reviewed and amended is made by Mr. Manzi, seconded by Mrs. Feltovic.  Vote 4-0 Unanimous. Presentation Stevens Estate - Proposal  7:02 p.m., Mr. McDonough enters the meeting room.  Rich Correia, Elegant Banquet, LLC provides an overview on the Stevens Estate proposal.  Mr. Napoli states nothing has been approved at Town Meeting. The meeting was postponed until June 2019.  The Administrator states the vote taken prior to Town Meeting was to accept the land being donated to the CCC of the NACC.  Mr. McDonough would like to know if the property will be leased or purchased.  Mr. Correia states a decision has not been made at this point.  Mr. Napoli would like to know if any abutters are present.  Gerald Brecher, 488 Pleasant Street questions if there are any hand out materials.  The Administrator states the information is available online. Open Space Glennie Woodlot - Land Grant  Vanessa Johnson-Hall, Essex County Greenbelt Association provides background on the Glennie Woodlot Land Grant. She explains the information needed to submit the grant. She is seeking a recommendation of a project manager. Typically this person is someone in the Administrators position.  The Administrator states she is willing to fill this roll while she’s still here.  A motion to recommend the Administrator/successor as acting project manager is made by Mrs. Feltovic, seconded by Mr. McDonough.  Vote 5-0 Request for Determination of Applicability 292 Salem Street (Gosselin & Bray)  The Administrator gives background information on the project.  William Gosselin, the homeowner states the existing asphalt walkway was used as an outline for the new patio. They did not know the wetland extended so far onto the property. Photos are presented to the Commission.  The Administrator states the site does not comply with the 25-foot NDZ and 50-Foot NBZ. 05 22 19 NACC Meeting Minutes Page 2 of 7  Mr. Manzi confirms the location of the property.  The Administrator states there is a good vegetative buffer and mature trees to place the markers.  The homeowner requests permission to cut back brush impeding access to the shed. Rocks are proposed to create a natural barrier/wall preventing the brush from impeding.  The Administrator states a limit of clearing can be added to the RDA.  The Commission discusses the limit of clearing for the shed door and stone wall. They agreed to the amount of 5-7 feet allowing access to the shed. The homeowner will submit an updated plan to show the location of the stone wall.  A motion to issue a Negative Determination #3 as amended (post construction inspection, monument existing vegetation with stones and wetland markers) is made by Mr. Manzi, seconded by Mrs. Feltovic.  Vote 5-0 Documents  Application Checklist Request for Determination, dated May 8, 2019  WPA Form 1 - Request for Determination of Applicability w/Supporting Materials, dated May 8, 2019 Notice of Intent (NOI) 242-1745, 350 Winthrop Avenue (RDM, Inc.)  The applicant requested a continuance via email.  A motion to continue until June 12, 2019 is made by Mrs. Feltovic, seconded by Mr. Manzi.  Vote 5-0 Unanimous. Documents  Email from PEllison@theengineeringcorp.com requesting a continuance until 6/12/19 242-1753, 247 Chickering Road (Enterprise Bank)  David Jordan, MHF Design Consultants provides a status update and presents copies of the O&M Plan.  The Administrator states the Restoration Plan for the 25-foot NDZ and final peer review letter were received. The Planning Board is still waiting on information and has yet to close.  A motion to continue to June 12, 2019 is made by Mr. Manzi, seconded by Mr. McDonough.  Vote 5-0 Unanimous. Documents  Operation & Maintenance Plan & Long Term Pollution Prevention Plan, dated March 13, 2019, revised May 13, 2019 General Business 242-1697, Modification Request, 315 South Bradford Street (Smolak)  The applicant requested to withdraw the Modification Request via email.  A motion to accept the withdrawal is made by Mrs. Feltovic, seconded by Mr. Manzi.  Vote 5-0 Unanimous. Documents  Email from smolakfarms@aol.com requesting to withdraw the Modification Request 242-1327, COC Request, Rt. 125 at Hillside Road (MassDOT)  7:36 p.m., MassDOT discussion is tabled.  8:43p.m., Mr. Napoli resumes as chair.  Amy Lynch, MassDOT presents the COC request.  The Administrator would like to know if there’s a report stating if the replication area was successful. She also would like confirmation the drainage is being maintained.  Ms. Lynch states information on the replication area was included in the letter submitted. The drainage is functioning well and does not appear to require clean out at this time. 05 22 19 NACC Meeting Minutes Page 3 of 7  The Commission discusses the swale.  A motion to issue a Full and Final Certificate of Compliance is made by Mrs. Feltovic, seconded by Mr. Saal.  Vote 5-0 Unanimous. Documents  COC Request Letter, dated April 24, 2019, prepared by MassDOT  WPA Form 8A - Request for Certificate of Compliance  As-Built Elevations for OOC Dep# 242-1327, dated April 24, 2019, prepared by MassDOT 242-0900, COC Request, Interstate 495 at Marston Street (MassDOT)  Amy Lynch, MassDOT presents the COC request.  The Administrator states Ms. Lynch has certified compliance of the inverts.  The Commission discusses the inverts and outlets.  The Administrator would like to know if any inverts were proposed in the propensity flood storage area.  Ms. Lynch states if she was to get the invert numbers now it’s possible they wouldn’t be accurate.  A motion to issue a Full and Final Certificate of Compliance is made by Mr. Saal, seconded by Mrs. Feltovic.  Vote 5-0 Unanimous. Documents  COC Request Letter, dated May 8, 2019, prepared by MassDOT  WPA Form 8A - Request for Certificate of Compliance  As-Built Elevations for OOC Dep# 242-0900, dated May 8, 2019, prepared by MassDOT 242-0628, Partial COC Request, 66 Meadowood Road (Hurban)  The Administrator reviews the request with the Commission. No additional information was received. There is an easement on the property to access the detention basin. To her knowledge this information has not been recorded.  Mr. Manzi states he believes this is a 40-B development. 40-B developments are required to have a Homeowners Association.  The Commission discusses the information needed to issue a PCOC. If the information needed is not received by the next meeting the request will be denied.  A motion to continue until June 12, 2019 is made by Mrs. Feltovic, seconded by Mr. Manzi.  Vote 5-0 Unanimous. Documents  No new information was submitted 242-0634, Partial COC Request, 115 Colonial Avenue (Caron)  Kimberly Caron, the homeowner presents the COC request. Colonial Avenue is part of Woodland Estates.  The Administrator describes the differences between the proposed As-Built and final As-Built plans. All structures comply with the setbacks. A small section of erosion control still in the wetland. She recommends issuing the PCOC. The PCOC will be released once the removal of the erosion control is confirmed.  A motion to issue a Partial Certificate of Compliance is made by Mr. Manzi, seconded by Mrs. Feltovic.  Vote 5-0 Unanimous. Documents  WPA Form 8A - Request for Certificate of Compliance  Engineering Letter, dated May 22, 2019 prepared by Hayes Engineering, Inc.  Old PCOC Request Letter, dated December 19, 1996 prepared by Hayes Engineering, Inc.  Subdivision Plan  As-Built Plan, dated January 18, 1998 prepared by Hayes Engineering, Inc. 05 22 19 NACC Meeting Minutes Page 4 of 7  Site Photos, dated May 21, 2019 Enforcement Order/Violation 292 Salem Street (Gosselin)  The Enforcement Order was discussed with the Request for Determination of Applicability.  A motion to release the Enforcement Order as proposed is made by Mr. Manzi, seconded by Mrs. Feltovic.  Vote 5-0 Documents  Violation Letter, dated April 18, 2019 46 Hollow Tree Lane (Lally)  James Lally, the homeowner gives an update on the restoration progress. He will be deployed to active duty on June 8, 2019.  The Administrator states the wetland markers need to be epoxied to the stone wall. The EO states all plantings must be completed by June 1, 2019. The plantings are to be reviewed by the Administrator.  Mr. Lally states the landscaper is aware of the timeline.  Mr. Manzi states he would like the contractor to communicate directly with Conservation Staff.  The Administrator reviews the EO requirements. She hopes the project can be wrapped up by June 30, 2019. There will be a one year monitoring period for the restoration work. Documents  Enforcement Order, dated December 11, 2018  Topographic Plan of Land, dated October 4, 2018, Revised November 14, 2018 prepared by Hancock Associates 242-1692, 1210 Osgood Street (NRP Group, LLC.)  Mr. Napoli recuses from the discussion due to a conflict of interest, Mr. Manzi steps in as chair.  The Administrator provides a status update on the drawdown wells. Two wells were installed over the weekend without approval. The Site Monitor agrees with the proposal received from Mr. McManus. Other reports were submitted late today. They were not reviewed prior to tonight's meeting.  Dan Brenner, NRP Group states a report was submitted to summarize the progress made by each of the consultants. The supplemental sump wells installed over the weekend were part of the original proposal.  Paul McManus, EcoTec, Inc. states there are localized areas below the seeps where there is affected vegetation. Some stressed plants and localized area with some dead vegetation was found and will be remediated. Native restoration plantings have been proposed. Remedial work will consist of cleanup with hand tools. He would like approval to start the cleanup if the conditions are right.  Mr. Manzi would like to hear from the Site Monitor and Administrator prior to authorizing cleanup. He plans to walk the site again with the Site Monitor and Administrator.  The Administrator states she would like to conduct a site visit to ensure the site is dry enough.  Paul Lockwood, LRT states the well point system eliminated most of the seepage volume. Based on the presence of two of the seeps contingency work was instituted. The additional sump wells were installed on May 18th and have made an immediate difference. He describes the location of the sump wells and the installation process. The information being collected allows them to better understand what is happening. An operator confirms the well point system continues to maintain dry conditions. The water treatment on site has been successful. When they have enough water to discharge the average is 1.9 NTU. This is a combination of the well points and dewatering. The supplemental sump wells and the well point system both go to the same water treatment system.  Mr. Manzi would like to know how many dewatering tanks are operational and if any additional tanks were added since his last visit. He would like to know how many sumps are contributing to the tanks. 05 22 19 NACC Meeting Minutes Page 5 of 7  Mr. Lockwood states they have seven operational dewatering tanks. No additional tanks have been added. The primary tanks associated with the well point system actively have water management going on. The additional tanks are used only during rain events. He’s unsure how many sumps are contributing to the tanks. There are a number of sumps around not operating under normal circumstances. They have water treatment on this system and the turbidity is higher. The volume of water released off that system is much less.  The Administrator confirms tank #1 is releasing between 1.2-1.08 NTU. She states the other tanks don’t top the threshold.  Mr. Manzi state he feels it’s important to have additional tanks.  Mr. Lockwood states they are not proposing to eliminate all the tanks just a reduction of tanks.  The Administrator would like to know how many tanks they propose to keep.  Mr. Lockwood states they would propose to eliminate tanks, not locations.  Mr. Manzi would like to know how many gallons can be processed in the frac tanks.  Mr. Lockwood states they can process hundreds of gallons per minute.  The Administrator confirms they will not eliminate any sites between now and the next meeting.  Mr. Brenner states no tanks are being proposed to be removed at this time.  Mr. Manzi would like to know if RCA is still being used on site. He questions if the well points are a temporary fix and how long the seep will be an issue. He would like to know what happens if the seeps stop and start up at a later time.  Mr. Lockwood states the seepage is being maintained with the well points. They are gathering information to answer these questions. They will continue to evaluate the next steps from hydrological and ecological standpoint.  Brenden Gilmore, NRP Group states the PCA previously in the Buffer Zone underneath rain storage systems was removed. The material was reused in other locations on the site. No new material has come in over the last two/three weeks.  Mr. McDonough would like to know if there’s a way to determine if the seep is from RCA used inside or outside the jurisdiction area.  Mr. Brenner states the volume of material had to go somewhere. They focused on putting the material above the water table. The RCA removed was placed in an area they felt would not contribute to the issue.  Mr. Saal would like to know if there is any RCA currently stockpiled on the site.  Mr. Gilmore states he did not notice any of the RCA during a recent site walk. This does not mean there isn’t residual RCA on site from where it was previously stockpiled and has yet to be placed.  Mr. Saal states any PCA being stockpiled on site should be removed even if it’s placed above the water table.  Mr. Brenner states they don’t know if RCA in the non-jurisdictional area is contributing to the issue. They believe capping the site will significantly improve the situation. Per the proposed plan capping of the site will start Friday (5/24/19). They expect this will allow them to start turning the system down.  The Administrator states the agreement stated the material could be continued to be used in other locations on site. This agreement was made prior to the start of the seepage issue.  Mr. Brenner states they are doing everything they can to correct/control the issue.  Mr. McManus states the primary reason for removing the material from underneath the infiltration system was to prevent water from moving through it. The PCA material is being used in areas above the water table that will be capped. This is the reason they have accelerated the paving capping process.  Mr. Manzi states he understands they are making an effort but no one has been able to give any type of guarantees. He’s not comfortable giving permission to pave.  The Administrator states the applicant does not need to seek the Commission's approval to pave. She has identified a geotechnical engineer candidate for third party review. She does not feel one expert will be able to review several experts’ works.  Mr. Manzi & Mr. McDonough agree they may need to hire more than one expert. 05 22 19 NACC Meeting Minutes Page 6 of 7  Mr. Manzi states the Commission composed a list of questions that have not been answered satisfactorily.  The Administrator states she will need an escrow account and scope of work. She will check with Greg Hochmuth, Williams & Sparages to see if he is willing to review anything wetland related. She will contact the candidate to review materials submitted related geotechnical information.  Mr. Brenner states he feels most of the questions have been answered. They encourage the Commission to conduct a third party review.  A motion is made to establish an escrow account in the amount of $10,000.00 is made by Mr. Manzi, seconded by Mrs. Feltovic.  Vote 4-0 Unanimous, Recused: Mr. Napoli.  The Commission discusses the expertise of candidate to perform the third party review and the amount of time needed to conduct the review.  The Administrator states the candidate is Michael Sabulis of GEI. The company will have more than one specialist within the company. GEI will determine who is best to review the material.  Mr. Manzi states he wants a cease and desist order on the paving until the issues are resolved.  William Seuch, Goulston & Storrs states they understand the Commissions frustration. They have addressed the dewatering issue and installed a system to cut off the seeps. They have solved the problem for the time being and are working on a permanent solution. He believes the motion to prevent paving would be an arbitrary and capricious decision. Paving of the site will have no negative effect on wetland resources and is the first step to solving the problem. Paving of the site will have a tremendous effect on the development process. He does not feel there is a logical basis to not allow paving to go forward.  Mr. Manzi states there are too many questions they don’t have answers for. They are working toward getting an expert to review the material.  Mr. McManus states having less water move vertically through the material will take the amount of material out of circulation. Based on the scale of the operation, removal of a layer of pavement wouldn't be an impediment.  Mr. Lockwood states they will have much better control by centralizing the flow. As scientists they do not deal with absolutes and cannot say how the flow will impact the RCA. He strongly advises they allow the site to be paved. The pavement will be a benefit to what is happening on site.  The Commission discusses a third party review.  Mr. Brenner states the expedited paving plan was based on the expert’s recommendation. The proposal was made as part of the remediation plan submitted.  Mr. Manzi states he cannot challenge these opinions which is why a third party review was requested.  8:43 p.m., Mr. Seuch requests time outside of the boardroom.  8:58 p.m., Mr. Napoli recuses from the discussion, Mr. Manzi steps in as chair.  Mr. Seuch states they propose to voluntarily agree no paving will take place before the next scheduled Conservation Commission Meeting (6/12/19). They are willing to pay the established escrow fee immediately. They would like the Commission's expert prepared to discuss their opinion regarding paving at the next meeting (6/12/19). They will make any of their experts available to the Commission's expert or the Administrator. They’re confident given expert opinions, record and nature of the paving they would win on appeal.  Mr. Manzi states he’s not comfortable making promises for someone they haven’t hired. At this time it’s not at an appeal level. It’s important the Commission does what they feel is right.  The Administrator states contact will be made with GEI tomorrow. If activities outside the Buffer Zone are affecting a wetland resource area the whole site can become jurisdictional.  Mr. Seuch states he believes they have answered every question the Commission proposed. They believe that paving of the site is advantageous.  Mr. McDonough states the proposal was voluntary. They will do their best in the time period given to satisfy their end of the bargain.  Mr. Seuch states they were under the impression an expert would be here tonight on behalf of the Commission. 05 22 19 NACC Meeting Minutes Page 7 of 7  Mr. McDonough states in this situation it was difficult to identify the type of expert needed. Once determined, finding an available candidate can be difficult.  The Administrator states she will ask Greg Hochmuth to make contact with GEI to see if someone is available.  A motion to continue to June 12, 2019 is made by Mr. McDonough, seconded by Mrs. Feltovic.  Vote 4-0 Unanimous, Recused: Mr. Napoli. Documents  Environmental Monitoring Inspection Report, dated May 17, 2019 prepared by Williams & Sparages  Correspondence Letter, dated May 22, 2019 prepared by EcoTec, Inc.  Soil Inspection Report, dated May 6, 2019 prepared by UTS  Site Photos Decision 242-1754, 326 Campbell Road (Welch)  The Administrator reviews the project and the drafted Order of Conditions with the Commission. The project setbacks are stated in the Order of Conditions. Pre-construction the property will be inspected for dumping. If dumping is confirmed materials will be required to be removed. A waiver of the 50-foot NDZ for removal of a portion of the existing dwelling and shed. The bond amount is set at $4,000.00 due to the proximity of the work to the Resource Area. Pressure-treated posts will most likely be required to monument the 50-foot NDZ.  A motion to approve as amended is made by Mr. Manzi, seconded by Mr. McDonough.  Vote 5-0 Unanimous. Adjournment  A motion to adjourn at 9:07 p.m. is made by Mr. McDonough, seconded by Mrs. Feltovic.  Vote 5-0 Unanimous.