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HomeMy WebLinkAbout2019-11-06 Conservation Commission Minutes 11 06 19 NACC Meeting Minutes Page 1 of 9 North Andover Conservation Commission Meeting Minutes November 6, 2019 Members Present: Louis A. Napoli, Chairman, Albert P. Manzi, Jr., Vice Chairman, Joseph W. Lynch, Deborah A. Feltovic, and John T. Mabon Members Absent: Douglas W. Saal and Sean F. McDonough Staff Members Present: Amy Maxner, Conservation Administrator Meeting came to Order at: 7:03 p.m. Quorum Present. Pledge of Allegiance Chairman, Louis Napoli addresses the room regarding the importance of keeping Lake Cochichewick and the Merrimack River clean. He states federal and state environmental officials recently approved a company to dump chemicals into the river. He urges the public to reach out to local representatives to express displeasure with this decision. Acceptance of Minutes  A motion to accept the minutes of the October 9, 2019 as reviewed and amended is made by Mrs. Feltovic, seconded by Mr. Lynch.  Vote 5-0, Unanimous. Certificate of Compliance (COC) 242-1742, 50 Sawmill Road (LaRosa)  The Administrator provides some background on the project. A site inspection was performed with the site engineer and the site is stable. The engineer certifies compliance noting that additional stones were placed along the easterly and westerly edge of the lawn continuing an existing stone wall.  Mrs. Feltovic would like to know if the sticks and branches at the easterly side of the property should be removed prior to issuing the COC.  The Administrator states it is a small pile that consists of sticks and branches (no grass clippings). She sees no problem with them remaining.  A motion to issue a full and final Certificate of Compliance is made by Mrs. Feltovic, seconded by Mr. Lynch.  Vote 5-0, Unanimous. Documents  As-Built Plan, dated October 21, 2019, prepared by Sullivan Engineering Group, LLC.  Compliance Letter, dated October 21, 2019, prepared by Sullivan Engineering Group, LLC.  WPA Form 8A - Request for Certificate of Compliance 242-1428, Turnpike Street, Lot 4N-A (One Hundred Fourteen Trust)  The applicant requested a continuance via email.  A motion to continue until November 20, 2019 is made by Mrs. Feltovic, seconded by Mr. Manzi.  Vote 5-0, Unanimous. Documents  Email from trustcorp@aol.com requesting a continuance until 11/20/19 Small Project NACC #245, 173 Ingalls Street (Guarini) 11 06 19 NACC Meeting Minutes Page 2 of 9  The Administrator reviews the proposal for constructing a 6.5’x12’ extension to an existing 5’x12’ deck (total square footage 138-s.f.). The deck is approximately 70-feet from BVW as measured by conservation staff. Work includes replacing the decking and handrails on the existing deck and installing new concrete footings, staircase, and concrete pad below the stairs. The staircase keeps the project below the 300-s.f. threshold required for a Small Project.  Mr. Lynch states the site is flat; there is no risk even if there is a need to dig new footings.  A motion to accept this as a Small Project A is made by Mr. Lynch, seconded by Mrs. Feltovic.  Vote 5-0, Unanimous.  A motion to approve the Small Project for constructing an extension to an existing deck (post construction inspection) is made by Mr. Lynch, seconded by Mrs. Feltovic.  Vote 5-0, Unanimous. Documents  Small Project Application with Supporting Materials, dated October 23, 2019 NACC #246, 221 Blue Ridge Road (Blue Water Builders)  The Administrator reviews the proposal for an in-kind replacement of an existing 12’x22’ deck. Staff noted the deck was already torn down at the time of the site inspection. An Enforcement Letter was issued requiring all work to cease and desist and to submit a Small Project application. Based on field measurements the deck is approximately 65-feet from BVW. The existing stairs will be moved outside the 50-foot NBZ. All work is within lawn.  Mr. Napoli states moving forward Small Project permits will be tripled if they are after-the-fact filings.  A motion to accept this as a Small Project B is made by Mr. Manzi, seconded by Mr. Lynch.  Vote 5-0, Unanimous.  A motion to approve the Small Project for an in-kind deck replacement (post construction inspection) is made by Mr. Manzi, seconded by Mrs. Feltovic.  Vote 5-0, Unanimous. Documents  Small Project Application with Supporting Materials, dated October 28, 2019 Request for Determination of Applicability (RDA) 268 Raleigh Tavern Lane (Atallah)  The applicant requested a continuance via email.  A motion to continue until November 20, 2019 is made by Mrs. Feltovic, seconded by Mr. Lynch.  Vote 5-0, Unanimous. Documents  Email from jonathan@grassoconstruction.net requesting a continuance until 11/20/19 44 Autran Avenue, Unit 1 (Smith)  The Administrator reviews the proposal for an after-the-fact replacement of an existing deck with a slightly smaller deck. The deck is within the 50-foot NBZ to the bank of an Intermittent Stream. The applicant relied on a contractor they secured through Lowes to carry out proper permitting, which did not happen.  Lauren Smith, the homeowner states they are working with the Inspector of Buildings to ensure proper permitting with the Building Department.  No public comment.  A motion to issue a Negative Determination #3 as recommended is made by Mr. Lynch, seconded by Mr. Manzi.  Vote 5-0, Unanimous. Documents  RDA Application Checklist w/Supporting Materials, dated October 23, 2019 11 06 19 NACC Meeting Minutes Page 3 of 9  WPA Form 1- Request for Determination of Applicability, dated October 19, 2019 100 Willow Street (Gourmet Specialty Foods)  The Administrator states the building is currently under renovation. All work thus far is outside the 100- foot Buffer Zone. The proposal involves full repaving of a 9,000-s.f. southerly section of the parking lot with the addition of a stormwater sediment forebay structure. 4,000-s.f. of the paving is within the 100- foot Buffer Zone. A concrete pad for a compactor unit is also proposed within the currently paved surface at the south of the building, outside the Buffer Zone. A site visit was performed and signs of erosion from stormwater runoff were evident beyond the edge of pavement. A recommendation was made for a BMP to slow runoff and capture sediment.  Michael Laham, The Morin-Cameron Group presents on behalf of the applicant. Bill Manuel delineated the wetlands approximately 5 years ago. Most of the flags were still in place and recently reviewed by the agent. Work is currently taking place at the front of the building. They propose to pave the area and use it as a parking lot. They have requested to replace the entire paved area at the same time.  Mr. Lynch confirms the area they are currently working on is lawn. He would like to know once that area is paved where the drainage would go.  Mr. Laham states they designed a separate stormwater management system for the front area. He goes on to describe the new stormwater management system.  Mr. Lynch expresses concern regarding flood storage and questions if the project is before the Planning Board as well.  The Administrator states the Planning Board has reviewed the stormwater for all work outside the 100- foot Buffer Zone.  Mr. Manzi would like to know how the size of the proposed sediment forebay was calculated. He is ok with them exceeding the size to insure the system is not undersized.  Mr. Laham describes the typical calculations used to come up with the size of the sediment forebay. He states the intent was to have a settlement area. He will re run the calculations and make any necessary adjustments.  The Commission would like to know if they have O&M Plan or detail for the forebay.  Mr. Laham states no detail was provided for the forebay.  Mr. Napoli requests a fence to prevent debris and no snow stockpiling beyond the parking lot.  Mr. Lynch states it is important the snow to be piled as far away from the Resource Area as possible. Snow stockpiling areas need to be included in the O&M Plan. There should be no snow stockpiling allowed near the sediment forebay and the other corner to the left of the forebay.  Mr. Napoli confirms the representative understands the changes the Commission has requested.  Mr. Mabon agrees the design should include the forebay detail and snow stockpiling locations identified on the plan. He would like to know if the pavement will be removed from the site.  Mr. Laham states he believes the asphalt will be removed from the site. The sub base will be compacted, regraded and paved.  No public comment.  A motion to continue to November 20, 2019 is made by Mr. Lynch, seconded by Mr. Manzi.  Vote 5-0, Unanimous. Documents  RDA Application Checklist w/Supporting Materials, dated October 23, 2019  WPA Form 1- Request for Determination of Applicability, dated October 23, 2019  Plan to Accompany a Request for Determination of Applicability, dated October 23, 2019, prepared by The Morin-Cameron Group, Inc. Abbreviated Notice of Resource Area Delineation 242-1771, 1 & 28 Royal Crest Drive (Trinity Financial)  The Administrator states the entire wetland has been reviewed as well as areas from the 2012 ORAD. Some of the small areas of IVW in the 2012 ORAD have been eliminated from the current review. A new 11 06 19 NACC Meeting Minutes Page 4 of 9 Wetland Series E was added behind building #30. Flags PO8 & 10 were deleted allowing Flags PO9 & 11 to capture a small sliver of upland. A notation was added to the plan for a headwall at Flags U13 &12. A soggy area was noticed behind building #31 & 32.  Mary Rimmer, Rimmer Environmental Consulting believes the soggy area appears to be from a sump pump or broken drainage system. The Building Manager looked at the area today and it is no longer wet.  Mr. Lynch questions if any fencing was discovered during the delineation, as this was a concern brought up by an abutter at the previous meeting. He would like to know if more trees were removed than originally proposed.  The Administrator states fencing was proposed under the Order of Conditions for DEP #242-1696. The OOC calls for fencing around the bio retention area, not along the entire property boundary. The OOC will be expiring soon and an extension will be required. A site inspection was performed in August or early September. At that time, it was noticed the basin had been planted but the plants were either mowed over or cleared out. The basin will need to be replanted and one year’s growth is required prior to requesting a COC.  Ms. Rimmer states Cornerstone is working on filing a COC request.  Michael Lozano, Trinity Financial, Inc. states he spoke with the abutter several times and his primary concern is the fence and people crossing his property. He feels the abutter is satisfied that the fence will be installed.  The Commission discusses their permitting policy and the ability to issue a permit with an open permit on file. A new NOI filing will not be accepted until DEP #242-1696 has been closed out.  The Administrator states if approved a wetland delineation is good for three years.  No public comment.  A motion to approve the delineation as amended is made by Mr. Manzi, seconded by Mrs. Feltovic.  Vote 5-0, Unanimous. Documents  Royal Crest ANRAD Survey Plans, dated November 5, 2019, prepared by VHB  Royal Crest Wetland Boundaries, dated November 4, 2019, prepared by VHB  Site Plan, dated March 8, 2017, prepared by Cornerstone Land Consultants, Inc.  Site Plan, Abbreviated Notice of Resource Area Delineation, dated August 6, 2012, prepared by Cornerstone Land Consultants, Inc. 242-1772, 0, 1160 & 1193 Great Pond Road (Brooks School)  The Administrator states she and the Field Inspector have finished reviewing the line. The following changes were requested. Move Flag C30 up gradient from C29 approximately 38-feet. Move Flag B3A up gradient from B4A approximately 23-feet. Directly connect Flag AB20 to Flag B20A. Directly connect Flag AB2 to Flag C1. Revised plans reflecting these changes were not received before the meeting. She requests time to review the revised plans prior to the Commission approval.  Rich Williams, Williams & Sparages, LLC presents on behalf of the applicant. He provides hard copies of the revised plans.  No public comment.  A motion to continue to November 20, 2019 is made by Mr. Manzi, seconded by Mr. Lynch.  Vote 5-0, Unanimous. Documents  No new information was submitted Notice of Intent 242-1773, 60 Leanne Drive (Bresnahan)  The Administrator states the Commission requested additional information at the previous meeting.  Rich Williams, Williams & Sparages, LLC presents on behalf of the applicant. Test pits were performed and the soils encountered are sufficient to carry the load of the new retaining wall. A dewatering detail was provided and is shown on the plan. The location and process is in place if dewatering is needed. 11 06 19 NACC Meeting Minutes Page 5 of 9 There is no indication of groundwater would be encountered. The construction sequence was updated to include the delivery and storage of the material for dewatering.  The Commission requests the dewatering BMP’s be built when the erosion controls are installed preconstruction.  No public comment.  A motion to close and issue in 21 days is made by Mr. Lynch, seconded by Mrs. Feltovic.  Vote 5-0, Unanimous. Documents  Correspondence Letter w/Supporting Materials, dated November 4, 2019, prepared by Williams & Sparages, LLC.  Plan to Accompany a Notice of Intent, dated November 6, 2019, prepared by Williams & Sparages, LLC.  Sequence of Events, prepared by Celtic Masonry  Revised Sequence of Events, prepared by Celtic Masonry 242-1760, 4 High Street (AvalonBay Communities, Inc.)  The applicant requested a continuance via email.  A motion to continue until November 20, 2019 is made by Mrs. Feltovic, seconded by Mr. Manzi.  Vote 5-0, Unanimous. Documents  Email from AJHoule@tighebond.com requesting a continuance until 11/20/19 242-1764, 137 Andover Street & 0 Chickering Road (Trustees of Reservations)  Mrs. Feltovic recuses from the discussion due to a conflict of interest as an abutter to the project.  Mr. Manzi discloses he is a member of the Trustees of Reservations.  Mr. Napoli states he has heard conflicting information regarding whether or not an application has been filed with the state for a curb cut. Per the Conservation By-Law, all necessary permits must be applied for prior to submitting a filing.  Ms. Elizabeth Keary Soule, The Trustees of Reservations states the consultant applying for the application states a determination by MASSDOT will not be made until the Planning Board makes a determination.  The Administrator reads from the Conservation By-Law.  Mr. Lynch feels the application is complete and they should continue the process to close out the hearing.  Deb Colbert, Hancock Associates presents on behalf of the applicant. Horsely Witten has provided final approval of the stormwater proposal. They are working to address a single comment from TEC regarding ADA parking. Post conditions will handle more than the preexisting conditions reducing the stormwater flow. Work is proposed in the 50-foot and 100-foot Buffer Zones. Activity was removed from the 25-foot NDZ and structures from the 50-foot NBZ.  The Administrator states abutters raised concerns related to a clogged catch basin/culvert under Chickering Road. The area is downstream of the proposed infiltration basin. The Town’s Engineer responded that this is a State DOT issue.  Mr. Lynch states the NACC will not allow any cutting of trees in the 25-foot NDZ. He questions if consultant has any concerns with site distance.  Ms. Colbert states site distance and traffic volumes are not an issue.  Mr. Napoli states the NACC will not approve the permit until the Planning Board has issued a decision.  Mr. Mabon would like to know how the abutters concerns regarding water flow towards Old Village Lane was resolved. He would like to know if test pits were performed during the design phase of the detention basin. 11 06 19 NACC Meeting Minutes Page 6 of 9  Ms. Colbert states the runoff from the proposed project will not increase, it will decrease. Abutters remain unconvinced the water volume will be reduced. Test pits and a soil evaluation were completed. The design of the detention basin was widened to accommodate the groundwater elevations.  Susan Rochwarg, 100 Old Village Lane expresses concerns regarding stormwater management and the direction of water flow.  Mr. Lynch states these concerns are valid but should be raised with the Planning Board. The NACC jurisdiction is limited to the Resource Areas. The information that has been provided by the applicant is adequate.  Mr. Manzi presents a copy of the Stormwater Peer Review to Ms. Rochwarg.  A motion to continue to December 11, 2019 is made by Mr. Manzi, seconded by Mr. Lynch.  Vote 4-0, Unanimous, Abstained: Mrs. Feltovic. Documents  Peer Review Stormwater Management, dated September 7, 2019, prepared by Horsley Witten Group  20191029 - Town Agency's Peer Review Response Letters, dated October 29, 2019  20191029 Operations & Maintenance Plan for Trustees, prepared by Hancock Associates  Permit Site Plan, Sheets 1-11, dated October 29, 2019, prepared by Hancock Associates  Stormwater Report, dated October 29, 2019, prepared by Hancock Associates 242-1766, 1600 Osgood Street (Hillwood Enterprises, LP)  Mr. Lynch provides a summary from the recent subcommittee meeting. The Planning Board will review the preexisting conditions and how they interact with the end proposed conditions. The subcommittee focused on the project construction phase and the potential for impacts within jurisdiction areas as well as areas up gradient that may impact jurisdictional areas. They requested construction phase sequencing and proposed monitoring of pH levels.  Mr. Mabon states they asked the applicant to address how they will handle managing materials, construction of underlayment’s, what materials they intend to use as well as what will be done with the asphalt once it’s been removed. Another subcommittee meeting has been scheduled for next week.  Mike Howard, Epsilon Associates, Inc. introduces the team and provides an overview of what the project team has been working on.  Tim O’Neil, Langan Engineering presents a PowerPoint presentation created to walk the NACC through the construction phase sequencing. Lot A will consist of buildings 20 and 21. These are the only office buildings that will remain on site. Lot B will consist of the proposed fulfillment center with associated loading, truck parking facilities, employee parking, stormwater management features, utility infrastructure, and other associated site improvements. Lot C will consist the relocated solar field. The stormwater system was redesigned and has gone through peer review with Horsely Witten. The site has been designed to comply with MA DEP Performance Standards. The impervious area will be reduced by approximately 11.25-acres; this includes 5.3-acres in the Upland Riverfront Areas. The existing four point discharge locations will remain untouched. The water will be treated, retained and discharged at a controlled rate. The O&M Manual is on record with the Town of North Andover along with the Stormwater Report. The site will be split up into three main phases during the construction. Each phase will have its own implementation of soil erosion and sediment control features geared towards the construction activities. Phase 1 will consist of installation of Phase 1 SECS features, initial construction and demolition staging, utility and service disconnect, hazardous building materials abatement, building and site feature mass demolition, stockpiling and the management of contaminated materials. Phase 2 will consist of installation of Phase 2 SECS features, mass earthwork and rough site grading, retaining wall construction and building pad construction. Phase 3 will consist of installation of Phase 3 SECS features, building construction, stormwater and utility installation, paving and landscaping installation, final site stabilization and the removal of all erosion control devices.  Mr. Lynch confirms that all stockpiles will be outside of the Resource Areas and an O&M Plan will be in place during construction. 11 06 19 NACC Meeting Minutes Page 7 of 9  Mr. O’Neil states the O&M Plan indicates the BMP’s will be designed and maintained in accordance with the Mass Soil Erosion Control.  Ryan Wohlstrom, Langan Engineering provides a brief overview of the Environmental History of the site and outlines the protocols that were followed during the site redevelopment. The site achieved remediation closure for all known RTN’s. A few historical releases were closed under AUL. Additional detailed information is provided on the nine RTN’s. In the outlined AUL area, they are obligated to follow prescribed methods for material management, soil and groundwater management, dust mitigation and stockpiling procedures. He goes on to review the Historical Sampling and Data GAP Assessment. The site received remedial closure in 2015-2016 however, an additional assessment was completed. All but three investigation locations were below reportable concentrations. Three samples contained contaminants of concern, one of which has already been remediated. The two remaining soil impacted areas will be addressed during construction. Groundwater sampling was conducted. All but two of the groundwater samples were below Massachusetts reportable concentrations and groundwater. One is a deep aquifer groundwater sample the other is consistent with known residual groundwater conditions and are marginally above reportable concentration. A memo was submitted to the NACC detailing the applications of the AUL and the protocols that will be followed during abatement and construction activities. A comprehensive hazardous building material survey was started and additional testing will be conducted. A RAM Plan will be followed during construction. The plan will detail soil and water management protocols, stockpiling requirements, dust mitigation along with material use and reuse protocols. No onsite or imported asphalt, RCA or other potentially contaminated materials will be used in any area subject to infiltration or within the 100-foot Buffer Zone to Resource Areas.  Mr. Manzi expresses concern with imported asphalt, RCA or potentially contaminated materials being used anywhere onsite.  Mr. Lynch states they will be required to show the NACC where the RCA will be used on site prior to being used.  Mr. Napoli states the NACC will not allow RCA material to be used as fill near the proposed retaining wall. He urges the subcommittee to discuss the use of recycled materials at their next meeting. He expresses concerns regarding dust mitigation of hazardous materials.  Mr. Howard presents the proposed pH Monitoring Protocol requested by the Conservation Commission. He describes the pH sample locations and the reasoning behind the chosen locations.  Mr. Wohlstrom states that air monitoring will be conducted during abatement activities.  No public comment.  A motion to continue until November 20, 2019 is made by Mr. Manzi, seconded by Mr. Lynch.  Vote 5-0, Unanimous. Documents  Sequencing and Phasing Plans, dated October 17, 2019, prepared by Langan Engineering and Environmental Services  Grading and Drainage Plans, dated October 17, 2019, prepared by Langan Engineering and Environmental Services  Conservation Commission Presentation, dated November 6, 2019, prepared by Langan Engineering and Environmental Services  Peer Review Letter, dated October 10, 2019, prepared by Horsley Witten Group  Existing Structures Anticipated Plan, dated October 2019, prepared by Langan Engineering and Environmental Services  Soil Samples Collected Near Wetlands Plan, dated October 18, 2019, prepared by Langan Engineering and Environmental Services  Proposed pH Sample Locations Plan, prepared by Epsilon Associated, Inc.  Technical Memorandum, dated October 21, 2019, prepared by Langan Engineering and Environmental Services General/New/Old Business 11 06 19 NACC Meeting Minutes Page 8 of 9 242-1765, Request for Discussion on Bond Amount - 2053 Salem Street (Ben Osgood)  The Administrator states the representative was unable to attend tonight's meeting due to a last minute conflict. A letter was submitted requesting the Commission reconsider the bond amount for the OOC governing additional tree removal and replanting as well as rationale for said reduction.  The NACC agrees the representative must accept the bond amount, appeal the bond amount or file a modification request. Documents  Bond Reduction Request Letter, dated November 6, 2019, prepared by Ranger Engineering & Design, LLC.  2018 New England Wetland Plant Catalog 242-1669, Extension Request, 265 Summer Street (Corliss)  The Administrator states the applicant has requested a one-year extension.  A motion to grant a one-year extension is made by Mr. Lynch, seconded by Mr. Manzi.  Vote 5-0, Unanimous. Documents  Extension Request Letter, dated October 26, 2019 Enforcement Order/Violation 221 Blue Ridge Road (McNamara)  This item was discussed with the Small Project Application.  A motion to lift the Enforcement Order is made by Mr. Manzi, seconded by Mr. Lynch.  Vote 5-0, Unanimous. Documents  Enforcement Letter, dated October 24, 2019 347 Hillside Road (Acolla)  The Administrator provides background on the Enforcement Order.  Matthew Laberge the resident presents additional photos to the NACC for review. He admits to digging up the pipe to investigate water issues he was experiencing in his house. A company was hired to try to clear the pipe and found it was cracked. He is looking to replace the damaged pipe with the french drain piping to help alleviate the water issues and keep the water moving.  The NACC agrees the proposed project can be completed under a Small Project Permit and directs Mr. Laberge to file same.  Documents  Enforcement Letter, dated October 28, 2019 Decisions 242-1768, 130 Rea Street (Woodcock)  The Administrator reviews the drafted Order of Conditions with the Commission. The bond will be set in the amount of $1,500. The Commission discusses Condition #57 ensuring any fill imported to the site must be accompanied with a Certificate of Origin and or analysis if applicable. The applicability will be at the discretion of the NACC or Conservation Staff.  A motion to approve the Order of Conditions as drafted and amended is made by Mr. Manzi, seconded by Mrs. Feltovic.  Vote 5-0, Unanimous. 242-1770, 456 Summer Street (Carlstrom) 11 06 19 NACC Meeting Minutes Page 9 of 9  The Administrator reviews the drafted Order of Conditions with the Commission. The bond will be set in the amount of $3,000. The Commission discusses Condition #55 ensuring a plan completed by an R.P.L.S will be done upon completion of the additional foundation, and prior to further construction activities.  A motion to approve the Order of Conditions as drafted and amended is made by Mr. Lynch, seconded by Mr. Manzi.  Vote 5-0, Unanimous. Adjournment  A motion to adjourn at 10:16 p.m. is made by Mr. Manzi, seconded by Mr. Lynch.  Vote 5-0 Unanimous.