Loading...
HomeMy WebLinkAbout2020-01-08 Conservation Commission Minutes Page 1 of 8 North Andover Conservation Commission Meeting Minutes January 8, 2020 Members Present: Louis A. Napoli, Chairman, Joseph W. Lynch, Deborah A. Feltovic, John T. Mabon and Sean F. McDonough Members Absent: Albert P. Manzi, Jr., Vice Chairman and Douglas W. Saal Staff Members Present: Amy Maxner, Conservation Administrator Meeting came to Order at: 7:03 p.m. Quorum Present. Pledge of Allegiance Acceptance of Minutes A motion to accept the minutes of the November 20, 2019 and December 11, 2019 as reviewed and amended is made by Mrs. Feltovic, seconded by Mr. Lynch. Vote 5-0, Unanimous. Request for Determination of Applicability (RDA) 630 Turnpike Street (Mavros Company, LLC) The Administrator reviews the proposal for an after-the-fact RDA for work performed within the 25-foot NDZ. The fence and plantings were installed in the 100-foot Buffer Zone after a cease and desist letter was issued. A continuance was granted by the NACC per the request of the applicant. An Enforcement Order and assessed fines were issued for non-compliance. All the elements that were in the Buffer Zone have been removed. Robert Gatta, the contractor states the area has been cleaned up and stabilized. Additional damage was caused to the area during snow removal and will be addressed. The Administrator would like to ensure the sawcut in the pavement is for repair work and not a foundation drain for the building. Mr. Gatta states this is not for a foundation drain. The foundation drain goes around the front of the building and discharges onto the sidewalk. A building permit was pulled for repair of the existing sidewalk and air conditioning pad, both of which are 112-feet from the wetland. Mr. Lynch states the NACC has not issued any permits for the property. The Commission discusses the parking lot, part of which is inside the 25-foot NDZ. Mr. Gatta states the parking lot was part of the original building permit, built in 1981. Some modifications were made in 2001 for handicap access to the basement unit. The sawcut area/repair is approximately 70-feet from the wetland line. There are two additional repairs, which need to be made to maintain the existing parking lot, which newly proposed within the 25-foot NDZ is jurisdictional and will be held to today's standards. Mr. Gatta reads from the North Andover Zoning Regulations. It was his understanding that the property owner went through the hearing process for the work proposed. The post holes were hand dug and the plants were installed to create a privacy screen for the abutting neighbors. He offered to remove the plants at the time of the violation. He takes responsibility for his actions but feels the amount of fines incurred to be unreasonable. Mr. Lynch states the Zoning requirement cannot be met due to the location of the wetlands. The Administrator states the cease and desist was issued to stop work. The Commission discusses the proposed activities, which include a fence, plantings and patching of pavement. 2020-01-08 Conservation Commission Minutes Page 2 of 8 Mr. Gatta withdraws the request to plant shrubs at the 25-foot NDZ. Mr. Lynch states it is important the wetlands be protected from runoff while the pavement is being patched. The land that is disturbed from prior work is to be restored when the weather permits. Mr. Mabon requests all the proposed work on the site in and out of the Buffer Zone be depicted on an updated plan. The Administrator offers to meet with the applicant to ensure the plan reflects all of the proposed work. Mr. Napoli states they will require erosion controls along the side of the property and restoration of the 25-foot NDZ. Mr. McDonough feels a barrier/signage should be installed to protect the wetland. Mr. Gatta offers to speak with the owner to see if he is willing to install either a stonewall or chain link fence to provide protection to the wetland. Mr. Lynch states the barrier must be depicted on the plan and will be reviewed at the next meeting. No public comment. A motion to continue to January 22, 2020 is made by Mrs. Feltovic, seconded by Mr. Lynch. Vote 5-0, Unanimous. Documents Site Photos, dated December 11, 2019 Site Photos, dated December 12, 2019 Interior Renovations & Exterior Improvements Plan, dated July 30, 2019, prepared by Kritikos Architects Interior Renovations & Exterior Improvements Plan, dated April 8, 2019, prepared by Kritikos Architects Historic Aerial Photos Plan of Land to Accompany RDA, dated November 10, 2019, prepared by Acres Engineers Surveyors RDA Application Checklist w/Supporting Materials, dated October 26, 2019 WPA Form 1- Request for Determination of Applicability, dated November 26, 2019 Site Plan, dated February 20, 2019, prepared by Merrimack Engineering Services Notice of Intent 242-1760, 4 High Street (AvalonBay Communities, Inc.) The applicant requested a continuance via email. A motion to continue until January 22, 2020 is made by Mrs. Feltovic, seconded by Mr. Lynch. Vote 5-0, Unanimous. Documents Email from David_Gillespie@avalonbay.com requesting a continuance until 1/22/2020 242-1766, 1600 Osgood Street (Hillwood Enterprises, LP) The applicant requested a continuance via email. A motion to continue until January 22, 2020 is made by Mrs. Feltovic, seconded by Mr. Lynch. Vote 5-0, Unanimous. Documents Email from mhoward@epsilonassociates.com requesting a continuance until 1/22/2020 242-1776, 805 Forest Street (Benayoud) The Administrator reviews the proposal for the construction of an in-ground pool, associated patio and fencing. The hearing continued to allow a draft decision to be prepared. No public comment. A motion to close and issue in 21 days is made by Mr. Lynch, seconded by Mr. McDonough. Vote 5-0, Unanimous. 2020-01-08 Conservation Commission Minutes Page 3 of 8 Documents Plot Plan of Land, dated November 3, 2019, prepared by Sullivan Engineering Group, LLC. 242-1777, 500 Great Pond Road (North Andover CC) The Administrator reviews the proposal for the construction of a rear building addition, wood frame deck, paver walkway and patio extension with landscape beds. The Planning Board issued a decision. The hearing was continued to allow a draft decision to be prepared. 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 Site Plan of Land, dated November 19, 2019, prepared by Merrimack Engineering Services As Built Plan of Land, dated July 22, 2002, prepared by Scott L. Giles Frank S. Giles Surveying 242-1778, 461 Summer Street (Bilodeau) The Administrator provides some background on past permitting on the property. A site inspection was performed to ensure the mitigation plantings and markers from the previous RDA were installed per direction of the previous Administrator. The homeowner tried to replant the area however the plantings have not done well. The Administrator provided a list of other plant recommendations to the homeowner. house, construction of a small 1- pool and new addition. The addition will be approximately 80-feet from the edge of BVW. The stockpile area and construction access are shown on the plan. Jack Sullivan, Sullivan Engineering Group presents on behalf of the applicant. The Zoning Board of Appeals granted a side yard variance. No trees are proposed to be cut. A septic system is located in the front yard. There is approximately 10-feet between the tank and the septic field. A note was added to the plan to use caution when crossing over any of the septic components as this is the only access to the project area. The soil stockpile is located outside the 100-foot Buffer Zone. A small retaining wall was added to prevent the grade from coming right back to the foundation. A DEP# has not been assigned. Mr. Mabon would like more information on the shed, which is located in the 25-foot NDZ. The Administrator provides some background on the shed and states it was discussed at length during the RDA process in 2017 and was allowed to remain. No public comment. A motion to continue to January 22, 2020 is made by Mrs. Feltovic, seconded by Mr. Lynch. Vote 5-0, Unanimous. Documents Plot Plan of Land, dated December 13, 2019, prepared by Sullivan Engineering Group, LLC. Description of Addition and Variance Description Notice of Intent Application w/Supporting Materials, dated December 13, 2019, prepared by Sullivan Engineering Group, LLC. Enforcement Order/Violation 630 Turnpike Street (Gatta) This Enforcement Order was discussed earlier in the meeting with the RDA request. Per the NACC, the fines will remain in place. A motion to continue to January 22, 2020 is made by Mr. McDonough, seconded by Mrs. Feltovic. Vote 5-0, Unanimous. Documents Site Photos, dated December 11, 2019 Site Photos, dated December 12, 2019 2020-01-08 Conservation Commission Minutes Page 4 of 8 Enforcement Letter & WPA Form 9 - Enforcement Order, dated December 12, 2019 242-1692, 1210 Osgood Street (Princeton Development, LLC) This item is taken out of order and discussed with the extension request. Mr. Napoli recuses from the discussion due to a conflict of interest, Mr. Lynch steps in as Chair. The Administrator provides an update on the project. The applicant has provided an update in terms of their timeline and monitoring plans for the trench system. A Pavement Maintenance Plan and pH monitoring data through December 1, 2019 have been provided. There were some stormwater management issues in early December, which needed to be addressed, and during a site visit for that EO a seep with high pH was observed at the westerly corner of building B, which resulted in an additional EO. The high pH was immediately addressed. Mr. Lynch expresses concern whether the applicant has a real understanding and control of how water is moving through the site. He feels a clear baseline understanding needs to be undertaken, studied, analyzed and established to prevent blame of where the contaminated waters may be coming from between the residential development and commercial development. The Commission discusses the separate development entities for the commercial and residential aspects of the project. Mr. Lynch assigning responsibility between the boundaries of the two areas is critical. He would like to know how they would undertake the construction and the sequencing for the next phases Mr. Dan Brenner, The NRP Group, LLC states the parcel has always been owned by separate entities. Mike Sabulis, GEI Consultants states the pH balance of the water emanating from the upland seep had an elevated pH of 11.5 and the ponded water in the parking lot measured at an average pH level of 7.5. The two locations are adjacent to each other with the seep being upstream of the ponded area. Mr. Lynch states he believes the Commissions jurisdiction extends across the entire site due to direct impacts coming from outside the Buffer Zone. Mr. McDonough would like to know if the seep was due to a rain event and the rate of the water coming out of the seep. He does not feel this is an extension of the Commission jurisdiction but an area of the Commissions jurisdiction they do not typically find themselves dealing with. Mr. Sabulis states they are working with NRP for more information as to why the seep occurred. They do not know the rate of the water coming out of the seep at this time. Paul Lockwood, LRT states the seep has been intermittently observed in response to rain events. The flow rate at the peak of what has been observed at approximately 1-GPM. The pavement helped to contain the seep, however the seep was able to find another path after the recent rain event. A sump well was installed in the pavement in response to the seep, 100 percent of the water is being collected and treated. He explains the direction of groundwater flow on the site, location of the seep and how groundwater is captured and treated. There are two sets of frac tanks, which have the ability for pH adjustment and alteration before being discharged. The rain stores that will function as permanent drainage across the site have not been activated. Mr. Sabulis would like to know the basis for the groundwater flow direction. Vern Kokosa, Sanborn Head & Associates, Inc. states the groundwater flow direction is based on the original ground surface before the fill was placed. Mr. Lynch would like to know if they have access to the geotechnical work undertaken by Hancock as part of the design process. He would like to know if it is possible, the groundwater layer that is finding its way through the fill material that has risen up through surcharges. Mr. Kokosa states a geotechnical report that was done by Kevin Martin. The report focuses on structures, foundations and foundation designs. The report does include subsurface data, which include test boring logs and test pit logs. He states that he observed a groundwater outbreak in this location last spring before site paving and it dried up during the summer and fall. He feels that in this particular location the seep is due to periods of high groundwater, not construction or the placement of fill. Mr. Brenner states that monitoring reports and wetland evaluation were done and do not indicate any impacts to the wetlands since the trench treatment was installed. 2020-01-08 Conservation Commission Minutes Page 5 of 8 Mr. Lynch states when the project was originally before the NACC it was looked at strictly from a peak runoff perspective. He would like to know if they are creating a high pH condition for an unknown period by moving groundwater through the RCA. Mr. Lockwood states any groundwater in the middle of the site will be intercepted and treated. Mr. McDonough would like to know if there is any new data on the pH levels. Mr. Sabulis states they were provided with the most recent graph trend line, which shows a higher pH level. He believes the information received was only for the frac tank system, not the garage system. He explains the plot and how the information for the plot was obtained. The plot does not show data for the full representation of the system. There is a lot of variability to what drives the data set. He requests full pH data for the site going forward. The Commission reviews a plot of pH influent measurements taken over time and it is agreed that updated and more complete data will be provided for the next meeting. Mr. Lockwood states the data from October on is the most accurate. They would like to consider mid- October on to be the new baseline/starting point going forward. He explains how readings are taken with the interceptor trench online. In the beginning of October, the daily pH average was approximately 12.3 since that time they have had an average, which ranges from 11.7 to 11.8. Mr. McDonough would like to know why there is an interruption in the data from September 18, 2019 to October 7, 2019. Mr. Kokosa states the data interruption is from when the interceptor trench was installed and equipment was being moved around. They intend to add milestones/site activities to the table that will be provided to the peer reviewer. The Administrator states the construction controls and erosion control plan for the front part of the site is still in draft. Mr. Brenner states they are unable to open the rain stores until the commercial parcel is stabilized. They will be meeting with the owner of the parcel next week to push the construction along. It is believed once the rain stores are opened it will alleviate the surface water issues. The Commission discusses permitting of the residential and commercial project, pre construction meeting and the removal/relocation of the RCA and PGA fill. The application will be reviewed to confirm that two joint owners applied for a single permit for the entire project. Mr. Sabulis states they need to understand the movement and the subsurface so they can ensure the system is capturing everything. Mr. Kokosa believes that once the site is paved, the conditions will start to improve. He explains how they propose to handle additional seeps if they should occur. He suggests monitoring and inspecting the site to look for additional seeps during the wet period of the year. Mr. Sabulis requests the team update the Commission if a potential imminent hazard has been evaluated. Mr. Kokosa states a licensed LSP reviewed the MCP regulations, seepage and pH measurement. It is the LSP belief that the condition is not reportable and it is not an imminent hazard. A brief letter with these findings will be provided. Mr. Mabon would like to know what they propose to do differently on this EO to control turbid water from discharging off the site. Mr. Lynch states it is important Conservation Staff be informed immediately if an issue arises regarding runoff, erosion or siltation control. Mr. Brenner states the December event occurred during a peak rain event coupled with snowmelt. Multiple frac tanks were running on site. This was not a malicious event of a direct discharge of turbid water. All water including surface water ponded on pavement will be put through sediment treatment and frac tank. Mr. Lockwood states they have a Grade 6 frac tank operator onsite daily. There has been no violation of turbidity or pH in the time that they have been running the system. The turbid water was discharged directly to a silt bag from the site during a peak storm. Additional measures were taken immediately per the request of the Commission. Mr. Mabon would like to see a more proactive approach. 2020-01-08 Conservation Commission Minutes Page 6 of 8 Mr. Kokosa states all surface water will be collected and run through a frac tank to improve sediment removal. Mr. Lynch would like to know if the turbid water exceeded 40-NTU. The Administrator states she is unsure of the measurement for the turbid water. The silt bags were taxed and the water exiting the silt bag was milky cloudy water. The situation improved after the silt bags were changed. The incident where the silt bag was taxed, the water was coming directly from the ponded area of the parking lot. Mr. Lockwood states the daily average turbidity from the garage is typically 2 to 5. The turbidity from the frac tank system is typically less than 10. Mr. Lynch requests they provide the data set from October 7, 2019 on, including turbidity for documentation purposes. Mr. Kokosa states they provide a summary table, which includes hourly turbidity readings along with the pH coming in and going out. The Administrator states she and the Field Inspector both receive copies of the summary reports, and the field inspector is tasked with reviewing and noting any high turbidity readings. A motion to rescind the Enforcement Order dated December 31, 2019 and keep in place the conditions set forth in the requirements of the Enforcement Order dated April 26, 2019 is made by Mr. McDonough, seconded by Mrs. Feltovic. Vote 4-0, Unanimous, Recused: Mr. Napoli. A motion to ratify the Enforcement Order dated January 4, 2020 that addresses the seep at building B is made by Mr. McDonough, seconded by Mrs. Feltovic. Vote 4-0, Unanimous, Recused: Mr. Napoli. A motion to approve additional escrow funds in the amount of $10,000 for continued peer review is made by Mr. McDonough, seconded by Mrs. Feltovic. Vote 4-0, Unanimous, Recused: Mr. Napoli. Documents WPA Form 9 - Enforcement Order, dated December 31, 2019 Site Photos, dated January 6, 2020 General/New/Old Business 242-1692, Extension Request, 1210 Osgood Street (Princeton Development, LLC) Mr. Napoli recuses from the discussion due to a conflict of interest, Mr. Lynch steps in as Chair. The applicant has requested a one-year extension. The Commission discusses the criteria for a one-year extension and whether or not to grant the request. A motion to grant a one-year extension is made by Mr. Lynch, seconded by Mr. Manzi. Vote 4-0, Unanimous, Recused: Mr. Napoli. Documents Extension Request Letter, dated December 5, 2019, prepared by Osgood Street Apartments, LLC 9:23 p.m. Mr. Mabon exits the meeting. 242-1706, 0 Rea Pond/244 French Farm Road (N. Granese & Sons, Inc.) The Administrator states the project is for a sewer upgrade within the sewer easement. A preconstruction meeting was completed and erosion controls were installed correctly prior to the start of work. A site inspection was completed on January 3, 2020 resulting in an EO being issued for erosion control failure. The contractor responded immediately to correct the situation with additional hay bales and sediment removal. A Construction Sediment Management Plan will be used going forward. Updated pictures are present to the Commission. Steve Granese, N Granese & Sons, Inc. states action was taken prior to the EO being issued. Additional 2020-01-08 Conservation Commission Minutes Page 7 of 8 situation is a direct result of the snowmelt, rain and location of the project, not neglect. There is approximately 120- work. Mr. Lynch would like to know if the erosion controls can handle the upcoming rain event and if the erosion controls will work throughout the balance of winter and into spring melt off. He inquires what the plan is in the spring to come back and stabilize the site. The Administrator presents a plan and indicates the area that is currently being worked on. Mr. Granese believes the erosion controls will hold up to rain events. They plan to grade as they go and possibly lay down seed mix and spread out straw. They plan to come back in the spring and hand place seed mix. Mr. Lynch questions if the project will require tackifier erosion control and if there were any impacts to the Resource Area. Mr. Granese states if the area is allowed to level out and dry out it will be fine. The Administrator states some fine-tuning will be required in the spring between the erosion control and the ring that was created. There was minimal discharge into the pond. The Administrator recommends ratifying and amending the EO to memorialize the erosion control monitors plan and keep it in place for all remaining work permitted under the OOC. A motion to ratify the Enforcement Order is made by Mr. Lynch, seconded by Mrs. Feltovic. Vote 4-0, Unanimous. A motion to amend the Enforcement Order to include the Construction Sediment Management Plan is made by Mrs. Feltovic, seconded by Mr. Lynch. Vote 4-0, Unanimous. Documents WPA Form 9 - Enforcement Order, dated January 3, 2020 Modification Request, dated September 3, 2019, prepared by Epsilon Associates, Inc. Wetland Protection & Sediment Management Memo, dated January 7, 2020, prepared by ECR, LLC Site Photos, dated January 7, 2020 242-1765, 2051 & 2053 Salem Street (Richards) The Administrator states an OOC was issued for the additional tree removal, which was a result of an enforcement issue and restoration. A plan was prepared and indicated the specific trees that were permitted for removal. The Commission received a request letter for a bond reduction. The Commission recommended the applicant submit a formal Modification request to discuss the request. No request was submitted. Additional tree cutting was observed today beyond the scope of what was approved. Cutting is within the NHESP habitat. The preconstruction conditions have not been complied with. The Commission states their frustration with the homeowners blatant disregard after already having gone through the process once before. They discuss the previous Enforcement Order, Notice of Intent and NHESP habitat. Lee Richards, son of the property owner believes Ranger Engineering has filed with NHESP for the additional trees that were removed. The Administrator states a filing with NHESP was submitted when the NOI was filed. She is unaware if a filing was done for the additional tree removal. The Administrator states she has spoken with the Planning Director and there is a land disturbance permit process which covers tree clearing and land disturbance that is one acre or over. New updated plans depicting the additional tree removal will be required Mr. Richards states the amount of clearing is under an acre. Three additional trees were cut on the side of the property near 2053 Salem Street beyond what was previously approved. They are willing to plant additional trees in the spring to bring the site into compliance. They were unaware the area between the jurisdiction. 2020-01-08 Conservation Commission Minutes Page 8 of 8 Mr. Lynch states the violation is because none of the preconstruction conditions for OOC have been met as well as additional trees removed. Mr. Richards states the additional trees removed on the hill will provide his daughter a safe area to play away from the roadway. They plan to submit a formal modification to reduce the bond amount, place the required signage and record the OOC. He feels the bond amount was set too high for the proposed work. Mr. Lynch states the bond amount was set due to the amount of disturbance and the fact there was already a violation that had taken place. The Commission discusses how to proceed with the violation and agrees that all pre construction requirements must be met and a revised plan be submitted showing all additional trees and new limit of clearing. Mr. Richards requests to be allowed to clean up some of the branches and limbs that were left in the yard. The Commission states that no further work is allowed at this time. The tree stumps are to remain. Mr. Napoli states if the requested information is not provided for the next meeting fines will ensue. A motion to ratify the Enforcement Order is made by Mr. Lynch, seconded by Mrs. Feltovic. Vote 4-0, Unanimous. A motion to continue to January 22, 2020 is made by Mr. McDonough, seconded by Mrs. Feltovic. Vote 4-0, Unanimous. Documents Site Photos, dated January 7, 2020 WPA Form 5 - Order of Conditions, dated October 2, 2019 Buffer Zone Disturbance and Restoration Plan, sheets 1-2, dated July 31, 2019, prepared by Ranger Engineering & Design Aerial Map 2051 & 2053 Salem Street, dated January 8, 2020 Enforcement Letter & WPA Form 9 - Enforcement Order, dated January 8, 2020 Decisions 242-1776, 805 Forest Street (Benayoud) The Administrator reviews the drafted Order of Conditions with the Commission. The play structure will be removed. The offsite potential undocumented vernal pool will be treated as a vernal pool. A motion to approve the Order of Conditions as drafted and amended is made by Mr. McDonough, seconded by Mrs. Feltovic. Vote 4-0, Unanimous. 242-1777, 500 Great Pond Road (North Andover CC) The Administrator reviews the drafted Order of Conditions with the Commission. No physical barriers are required, but markers shall be installed. A motion to approve the Order of Conditions as drafted is made by Mrs. Feltovic, seconded by Mr. McDonough. Vote 4-0, Unanimous. Adjournment A motion to adjourn at 10:15 p.m. is made by Mr. Lynch, seconded by Mr. McDonough. Vote 4-0 Unanimous. 2020-01-08 Conservation Commission Minutes