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HomeMy WebLinkAbout2020-02-05 Conservation Commission Minutes 2020 Conservation Commission Minutes 05-02- Page 1 of 7 Approved 02/19/2020 North Andover Conservation Commission Meeting Minutes February 05, 2020 Members Present: Louis A. Napoli, Chairman, Albert P. Manzi, Jr., Vice Chairman, Joseph W. Lynch, Deborah A. Feltovic, John T. Mabon, Sean F. McDonough and Douglas W. Saal Members Absent: None Staff Members Present: Amy Maxner, Conservation Administrator Meeting came to Order at: 7:04 p.m. Quorum Present. Pledge of Allegiance Acceptance of Minutes  A motion to accept the minutes of the January 8, 2020 as reviewed and amended is made by Mr. Manzi, seconded by Mrs. Feltovic.  Vote 6-0, Unanimous. Certificate of Compliance Request 242-1588, Partial COC Request, 15 Regency Place (Lot 6) (Touchstone Closing & Escrow)  The Administrator states the applicant requested to withdraw the Partial Certificate of Compliance.  A motion to accept the withdrawal is made by Mr. Manzi, seconded by Mrs. Feltovic.  Vote 6-0, Unanimous. Documents Email from gbrazelis@touchstoneclosing.com requesting to withdraw the Partial COC Request Request for Determination of Applicability (RDA) 630 Turnpike Street (Mavros Company, LLC)  The Administrator states a revised Site Plan was submitted per the NACC’s request. The plan depicts asphalt repair areas, no snow stockpiling snow signs, a stockade fence along the back of the property with plantings and a proposed fence located 6-feet off the pavement into the 25-foot NDZ. The easement depicted on the plan is for water.  The Commission discusses the easement and whether or not to allow the fence to be placed within the 25- foot NDZ. A chain link fence was requested by the NACC to protect the wetland from litter and debris.  Mr. Robert Gatta, the contractor states the property owner requested the fence be placed 6-feet off the edge of pavement to preserve it from being hit by vehicles.  The Commission agrees to allow the fence to be placed 4-feet from the edge of pavement.  Mr. Napoli states there are outstanding fines associated with the project.  Mr. Gatta states the fines will be addressed through a court hearing; the date has not been set.  No public comment.  A motion to issue a Negative Determination #3 as recommended (fence placed 4-feet off the pavement and allowing the remainder of the work as depicted) is made by Mr. Lynch, seconded by Mrs. Feltovic.  Vote 6-0, Unanimous. Documents Annotated Site Plan for RDA - 630 Turnpike Street, Plan of Land to Accompany RDA 02 01 20 Notice of Intent 242-1744, 633 Turnpike Street (Andover Pest Control)  The applicant requested a continuance via email. 2020 Conservation Commission Minutes 05-02- Page 2 of 7 Approved 02/19/2020  A motion to continue until March 11, 2020 is made by Mrs. Feltovic, seconded by Mr. Lynch.  Vote 6-0, Unanimous. Documents Email from A.Marchionda@marchionda.com requesting a continuance until 3/11/2020 242-1762, 95 Lyons Way (O’Neill)  The Administrator states the proposal consists of converting a surface detention pond to a subsurface infiltration chamber. Most of the work is outside the Buffer Zone however, it discharges to a BVW containing Vernal Pool. The project has gone through review with the Town Engineer and the applicant has satisfactorily addressed all comments. The homeowner will be responsible for the long term O&M Plan. The existing discharge point will remain in the same location to prevent additional impact to the Buffer Zone by moving it.  The Commission agrees moving the existing discharge point would be more impactful.  Mr. Lynch states if the homeowner does not maintain the subsurface infiltration chamber the NACC will be forced to take Enforcement action.  Douglas Lees, Land Engineering & Environmental Services, Inc. is present for questions.  No public comment.  A motion to close and issue in 21 days is made by Mr. Manzi, seconded by Mrs. Feltovic.  Vote 6-0, Unanimous. Documents 95 Lyons Way Site Visit 08-13-19, Clean Up Photos, 10-30-19 revised plan (1), 11-20-19 J. Borgesi final comments, concerns addressed 95 Lyons, Lees response letter 10-30-19, Stormwater Report revised 10-30-19 (1) 242-1766, 1600 Osgood Street (Hillwood Enterprises, LP)  The Administrator states Stormwater Peer Review has been closed out. The Planning Board is currently reviewing traffic, sewer, water and DOT all of which will have little impact on the Commission jurisdiction. A draft OOC has been prepared. Only four Commission members are eligible to vote on the project.  Mr. Napoli states historically the Commission would not close on a project until other boards have closed.  The Commission makes an exception to close before the Planning Board, as they will not assemble a quorum for the project again until April.  Mike Howard, Epsilon Associates, Inc. and Tim O’Neil, Langan Engineering are present for questions.  No public comment.  Commissioners Feltovic, McDonough and Saal are not permitted to vote as they have missed two public hearings.  A motion to close and issue in 21 days is made by Mr. Lynch, seconded by Mr. Mabon.  Vote 3-1-3, (In Favor: Lynch, Mabon & Napoli; Opposed: Manzi; Abstained: Feltovic, McDonough & Saal.)  Mr. Manzi states his vote is solely based on the inclusion of RCA being used as fill under the building as proposed and not against the project. Documents 1600 OsgoodSt_ECS Sequencing and Phasing Plans, 1600 Osgood St_Grading & Drainage Plans, 2019-11- 06 Conservation Com Presentation, 2020-01-08 Conservation Com Presentation, 20191010 Peer Review 2, Fig 1_Existing Strs Anticipated, Fig 2_SoilSamples Near resource Areas, Fig 3_Proposed pH Sample Locs, Memo to Conservation Commission - 2019.10.21, pH Monitoring Protocol_1600 Osgood St_2020.01.03 242-1780, 1230 Salem Street (Saraceno Construction)  The Administrator reviews the proposal for the construction of a single-family house, associated septic system, driveway and appurtenances on a vacant wooded lot. The Administrator provides some 2020 Conservation Commission Minutes 05-02- Page 3 of 7 Approved 02/19/2020 background on the property. All proposed work is outside the 50-foot NDZ. The wetland flags were reviewed, one of the D series flag was moved up gradient by approximately 30-feet. The D series may contain a potential vernal pool. The work respects the 50-foot NDZ and 75-foot NBZ if the vernal pool is confirmed. Test pits were completed for the septic system. A DEP file number has not been issued at this time.  Mr. Lynch would like to know the status of the existing 10-foot cart path.  Tyler Ferrick, DeRosa Environmental Consulting, Inc. states there is no intention to do anything with the cart path; it was located as an existing feature.  Mr. Lynch requests the plans to indicate the cart path is abandoned, no longer in use.  Mr. Erich Nitzsche, Nitzsche Engineering, Inc. provides some background on the cart path.  Mr. Manzi advises the representative to verify the cart path is not an easement of some sort.  Mr. Mabon confirms all construction will be outside the 100-foot Buffer Zone.  Mr. Ferrick states the driveway and a small portion of clearing for the lawn and septic are within the Buffer Zone.  Nancy Bontempo, 1234 Salem Street would like to know why the wetlands are not an issue. She states she was told 15 years ago they could not expand their deck due to wetlands.  Mr. Lynch states the proposed project meets all the Commission’s setback requirements.  7:36 p.m., Mr. McDonough enters the meeting room.  Roberto Bontempo, 1234 Salem Street expresses concerns regarding the clearing of trees.  Mr. Lynch confirms the no trees are proposed to be removed between the driveway and the blue line indicated on the plan. He reassures the abutters that they will remain in control of their privacy screen since the majority of the trees are on their property.  Mr. Ferrick states they only proposed to clear the layout of the driveway and the wick drain to the left of the driveway, a wooded barrier will remain.  The Administrator cautions the representative about making promises regarding the amount of trees they intend to remove. She feels a construction barrier should be required at the edge of the limit of clearing on the other side of the driveway and interior part of site.  The Commission agrees the plans be revised to depict the limit of clearing/work and flag change and cart path abandoned.  A motion to continue to February 19, 2020 is made by Mr. Lynch seconded by Mrs. Feltovic.  Vote 6-0, Unanimous, Abstained: Mr. McDonough. Documents Final Compiled_1230 Salem St_NAndover_1212020 242-1760, 4 High Street (AvalonBay Communities, Inc.)  Mr. Saal recuses from the discussion due to a conflict of interest.  The Administrator states test pits have been completed and the Peer Reviewer has commented on the results. The plan set will require additional revisions. The Dewatering Plan was provided and calls for all dewatering activities to be outside the 100-foot Buffer Zone. The Dewatering Plan may need to be refined once a SWIPP is in place. A root barrier should be required to prevent infestation of phragmites into the wetland.  Mr. Lynch states there is still some work required regarding results of test pits, borings and the discovery of where seasonal ground high water is concerning the bottom of the drainage systems and require 2-foot separation.  Kevin Stetson, Sanborn Head states any fill material brought on the site will be imported sand/gravel or crushed stone. They do not propose to use recycled concrete or glass.  Mr. Manzi directs the representative to check with the Administrator prior to bringing any fill on site. They will be required to provide a certificate of origin for the fill material.  Mr. Napoli expresses concerns with the sewer easement that runs through the property. He directs the Administrator to ensure the DPW has no concerns with the easement. 2020 Conservation Commission Minutes 05-02- Page 4 of 7 Approved 02/19/2020  David Gillespie, states there are two easements, one for electricity the other for sewer. The electric poles are proposed to be placed underground as part of the project. The size of the sewer line has not been determined.  Mr. Stetson presents the test pit information to the Commission and states the Peer Reviewer is in possession of the results for review. The design will be based on the lowest infiltration rate.  Mr. Gillespie states Horsley Witten reviewed the test pit information and latest plans from Tighe & Bond. Written descriptions of how the plan would be modified were provided. The peer reviewer requested the plans and report be modified to reflect the changes as described.  The Administrator states the Dewatering Plan will be better informed by the SWIPP. She requests they commit to keep dewatering out of the Buffer Zone.  Mr. Gillespie states there are three buildings all of which are outside the Buffer Zone.  Amanda Houle, Tighe & Bond directs the Commission to sheet C103 of the plan set which depicts the proposed erosion controls and defines the limit of work.  Mr. McDonough would like to know if there are any permanent post construction barriers proposed.  Mr. Gillespie states they have proposed a retaining wall on the left side of the site. Given the retaining wall height, they believe fencing will be installed on top of the wall. They propose to remove snow from the site other than small snow events. He explains the project and proposes 170 units in three buildings, four stories high. The maintenance building has been eliminated.  Ms. Houle states building “B” is outside the 50-foot NBZ, the only activity proposed within the 25-foot NDZ is the removal of impervious area. They propose to restore up to the 50-foot NBZ with native seed mix with some native species and additional plugs as warranted. They do not intend to disturb additional buffers, just inside the limit of work.  Mr. Gillespie states an updated Landscape Plan will be submitted for review at the next meeting.  The Commission requests the applicant provide a revised set of plans addressing the Peer Review comments and consolidate the set of plans to include the landscaping details not less than 7 days prior to the meeting.  Sutton Pond abutter (name inaudible) expresses concerns with the high-pressure gas line, which runs through the project parcel.  Mr. Stetson states Dig Safe was contacted and there were no markings indicating a high-pressure gas line.  Mr. Gillespie offers to reach out to Columbia Gas to confirm no high-pressure gas line is present.  Sharon Reynolds, 182 High Street expresses concerns regarding sewer capabilities.  Mr. Napoli states the issue does not fall under the purview of the Commission, but rather DPW.  A motion to continue to March 11, 2020 is made by Mr. Manzi, seconded by Mrs. Feltovic.  Vote 6-0, Unanimous, Abstained: Mr. Saal. Documents 200129-3rd Peer review_Avalon Mills, 20191119 Avalon North Andover Env DD, 20200124 Dewatering Plan Avalon Mills, 20200204_ELPs 11x17, Avalon Mills Definitive Master Plan Complete Set_12-10-2019, Avalon Mills Stormwater response to Comments 3, Century root and water barrier, PHRAG ROOT BARRIER, SH - Avalon Mills- Stormwater Infiltration Data Report 242-1779, 0 Stevens Street (TTOR)  The Administrator provides permitting background for the parcel. The applicant is seeking approval for prescribed burn within the 25-foot NDZ up to the upland side of firebreaks, which are the trails. Work in the 50-foot NBZ and the rest of the buffer includes heavy mowing, prescribed fire and invasive species control. No sensitive areas will be negatively impacted, no work is proposed between the trail and the lakeshore.  Jeff Denoncour, The Trustees of Reservations states they were awarded a MassWildlife Grant to fund additional restoration, expand, and improve habitat conditions. A waiver was received from the Planning Board for work that falls within the watershed protection district. A Forest Cutting Plan has been submitted to DCR. 2020 Conservation Commission Minutes 05-02- Page 5 of 7 Approved 02/19/2020  Mr. Lynch would like to know if there are any invasive species that would thrive if the higher canopy were removed.  Mr. Denoncour states they are working to provide a habitat for plants such as wild indigo and blueberry. The area they are working on is fairly free of invasive species. Part of the proposal includes conducting selective invasive species control. Routine mowing and prescribe fire will be conducted to maintain restored habitat, and reduce fuel load and wildfire severity. Mowing will occur every 3 years, prescribed fire to occur every 5-7 years and selective invasive species control as needed. A map of the different burn units dictating when they conduct prescribed fire was provided.  Mr. McDonough would like to know if the Trustees would seek permission from the NACC prior to the fire events.  Mr. Denoncour states they are hopeful the special conditions will allow the ongoing ability to conduct maintenance work within 100-foot Buffer Zone upon written notification to the NACC.  The Commission discusses the ongoing conditions, which will obligate the applicant to carry out the management activities and make prior notice at various aspects.  Mr. Lynch states any work outside of the limit of work or deviations from the Management Plan described would be considered a modification or a new filing.  Mr. Denoncour states in previous situations they have provided an email description of the work that will be performed and a site visit if required. The Burn Plan requires the applicant to provide notice to the Commission prior to the work being conducted.  The Commission expresses their support for this endeavor.  No public comment.  A motion to close and issue in 21 days is made by Mr. Manzi, seconded by Mr. Lynch.  Vote 7-0, Unanimous. Documents Conservation Commission_Cover, Hahn et al NAJ 2019 Fire and Water Quality Eastern US, Ipswich OOC for Crane Beach Habitat Management, Memo_of_Support_-_ Fire_ Dept_WH-_and_Boston_Hill, Memo_of_Support_Conservation Commission_WH_and_Boston_Hill, NOI Fee Calculation Sheet Weir Hill Barrens Habitat Management 1.22.2020, NOI Weir Hill Barrens Habitat Management 1.23.2020, Trustees of Reservations Barrens Habitat Management, Weir Hill Barrens Habitat Management NHESP Estimated and Priority Habitat for Rare Species Map, Weir Hill Barrens Habitat Management_Certificate of Mailing to Abutters 1.24.2020, Weir Hill Barrens Habitat Management Application Checklist - Notice of Intent, Weir Hill Habitat Management Project Description 1.23.2020, Weir Hill Habitat Management_25 foot buffer zone Waiver request Form 2019, Weir_Hill_Fire_Frequency Graphs, Weir_Hill_Fire_History, Weir_Hill__Prescribed_Burn_Fact_Sheet_updated2017, WH_Abutters_Letter_2009, 0 Stevens Street (TTOR) (NOI) - Legal, 036.0-0008-0000.0 Map, Certified List of Abutters Weir Hill Habitat Management Project 1.17.2020, Mail- Jeff Denoncour - Outlook_ Verification of Tim Simmons Letter_Barrens Habitat Management Weir Hill, MANHESP Exemption North Andover_07-21668, Prescribed Fire MESA Andover No Andover Ipswich_07-21668 08-253444 09-26075, TS Weir Hill 21 /2020, USGS Project Locus, Weir Hill Barrens Habitat Management Abutter Notification Form, Weir Hill Burn Plan 2019 revised signature pages, Weir Hill Habitat Management 2019 Photos, Weir Hill Habitat Management Project Description 1.23.2020, Weir_Hill_Reservation_Prescribed Fire_Burn_Plan Enforcement Order/Violation 537 Boxford Street (DeCoste)  The Administrator confirms the shed and play structure have been moved and straw has been laid as requested. The only remaining requirement is the installation of wetland markers. Staff directed the homeowner to seed the area with a wetland mix in the spring.  A motion to continue to March 11, 2020 is made by Mrs. Feltovic, seconded by Mr. Manzi.  Vote 7-0, Unanimous. Documents Violation Letter 08 27 19, 20200128_114121 2020 Conservation Commission Minutes 05-02- Page 6 of 7 Approved 02/19/2020 242-1692, 1210 Osgood Street (Princeton Development, LLC) & 242-1692, Commercial Site at 1210 Osgood Street (a.k.a 1274 Osgood Street) (Forgetta)  Mr. Napoli recuses from the discussion due to a conflict of interest, Mr. Manzi steps in as Chair.  Mr. Manzi ensures the responsibilities for the site are acknowledged and understood by the parties.  Mr. Dan Brenner, The NRP Group, LLC confirms the responsibilities are understood.  The Commission reviews the Enforcement Orders issued at the last meeting and the burden placed upon the NACC to notify in duplicate. They request the applicant provide one person as the point of contact for all parties involved.  Mr. Brenner states they are willing to provide one POC.  The Commission provides the Administrator with direction on how to proceed with correspondence going forward.  Mr. Manzi states a Groundwater Table Map and Test Boring Log information was provided to the NACC as requested. The boring locations have been indicated on the Groundwater Table Drawing.  Robert DiBenedetto, Hancock Associates states a revised Erosion and Sediment Control Plan was finalized today. The borings and monitoring wells are depicted on the updated plan. He reviews construction notes #13 & #14, which were added to the revised plan. Trending flow data is indicated with blue lines. The pH testing is scheduled to take place next Monday and they expect to see results once the analysis is complete. The results will be forwarded to the Administrator as soon as they are ready.  Mr. Manzi questions the Boring Log Sample Results. He would like to know specifically what the fill is and if it contains RCA.  Mr. DiBenedetto states he was present when the samples were performed and they did not appear to be RCA fill. Once the monitoring well data has been tested, they will be able to accurately determine if the fill contains any RCA.  Mr. Lynch states the word “fill” is a non-descript description and is not what you would typically expect to see in a Boring Report.  The Commission requests to know whether RCA is present or not.  Mike Sabulis, GEI Consultants directs the applicant to have the leftover samples evaluated to make a determination whether it is a natural aggregate or crushed concrete. He states it would be helpful to have the groundwater contours based on the groundwater elevations added to the plan.  Mr. DiBenedetto presents the revised Erosion & Sediment Control Plan and reviews the groundwater elevations with the Commission.  Mr. Sabulis states per the plan it appears the depth of the water inside the proposed sediment basin might be at groundwater elevation.  Mr. DiBenedetto states the general location of the basin is correct; the shape of the basin can change as needed. The swale, pool and sediment basin are expected to be installed per the plan provided starting on Monday. Surface water is draining from the northeast to the southwest moving towards the interceptor trenches. The monitoring well locations will be added to the plan as another graphing point. The pH testing will occur within the wells specifically for the groundwater, testing will also occur on the surface for ancillary purposes.  Mr. Manzi expresses concerns that not all the water from the site is being captured.  Mr. DiBenedetto presents Sketch 2: Groundwater Table, SK2. He states that water is not just traveling right to left but is going significantly towards the top of the sheet, progressing towards the interceptor trenches.  Mr. Manzi references the Geo-Tech evaluation from 2016 mandating soil be removed. He states it is unknown how much RCA fill was brought on site. He expresses concerns that the performance bond for the project may not be sufficient.  Mr. Sabulis states the geotechnical recommendation was for the removal of unsuitable fill for the building of foundations. 2020 Conservation Commission Minutes 05-02- Page 7 of 7 Approved 02/19/2020  The Commission requests the applicant clarify the aggregate content and what is it. If no RCA is present, a certified written statement will be required. If more boring samples are needed, they should be taken. The installation of the swale, pool and sediment basin will be allowed. Staff will not be permitted to sign off on Building Permits for the site at this time; all requests need to be presented to the NACC.  A motion to continue to February 19, 2020 is made by Mr. McDonough, seconded by Mrs. Feltovic.  Vote 6-0, Unanimous, Recused: Mr. Napoli. Documents, 242-1692, 1210 Osgood Street (Princeton Development, LLC); 1210 Osgood St - pH - Jan 2020_Trench & Seep, 1210 Osgood St - Ph _ Oct 2019 - Jan 2020_All pH Data 20200113 1210 Osgood St NACC Info Transmittal, 20200204 Water Quality Data- 1210 Osgood_Street - Combined Garage & Frac Tank Systems, Hancock Grading Plan_GEI Markup_Feb 2020 Documents, 242-1692, Commercial Site at 1210 Osgood Street (a.k.a 1274 Osgood Street) (Forgetta); 242-1692 - EO All Parties on Notice, 242-1692 - EO Commercial Devel. EC & Monitoring Plan 1210 Osgood Commercial - 2-5-20 Revised EC Plan, 1210 Osgood, Revised EC Plan for Commercial Civil Plans 1.14.19 - Stamped, 22448SK2 GW, Hancock Grading Plan_GEI Markup_Feb 2020, SoilX MW logs, SoilX SB logs Decisions 242-1766, 1600 Osgood Street (Hillwood Enterprises, LP)  The Administrator reviews the drafted Order of Conditions with the Commission. Finding of Facts will be expanded to the OOC to detail the procedural history. Condition #72 speaks to the compliance with the pH monitoring protocol. Condition #70 limits the use of RCA material to the foundation footprint of the warehouse building. The final plan dates will be added to the documentation.  Mr. Manzi requests the monitoring well schedule be referenced in the findings.  Mrs. Feltovic directs the Administrator to re number the Special Conditions accordingly.  The Performance Bond will be set in the amount of $50,000. Condition #81 states no outside fuel storage will be allowed on site. The approved plan list will include all plans submitted. The information required prior to a sit down off-site meeting is reviewed. An LSP is required to be onsite during demo and remediation activities within the AUL. Condition #82 states all disturbed areas must be prepared prior to November 1st. All disturbed surface areas will require supplemental stabilization no later than November 15th of each construction season. Conditions #75 & 76 regarding invasive species are reviewed. Monitoring of the Buffer Zone restoration will be required to ensure invasive species are not taking hold.  Commissioners Feltovic, McDonough and Saal are not permitted to vote as they have missed two public hearings.  A motion to approve the Order of Conditions as drafted and amended is made by Mr. Lynch, seconded by Mr. Mabon.  Vote 3-1-3, (In Favor: Lynch, Mabon & Napoli; Opposed: Manzi; Abstained: Feltovic, McDonough & Saal.) Adjournment  A motion to adjourn at 9:58 p.m. is made by Mr. Manzi, seconded by Mrs. Feltovic.  Vote 7-0 Unanimous.