Loading...
HomeMy WebLinkAbout2020-04-22 Conservation Commission Minutes Conservation Commission Minutes 22-04-2020 Page 1 of 4 Approved 05/27/2020 North Andover Conservation Commission Meeting Minutes April 22, 2020 Members Present: The following identified themselves as present on the call: Louis A. Napoli, Chairman, Albert P. Manzi, Jr., Vice Chairman, John T. Mabon, Sean F. McDonough, Deborah A. Feltovic and Joseph W. Lynch Members Absent: Douglas W. Saal Staff Members Present: The following identified themselves as present on the call: Amy Maxner, Conservation Administrator Meeting came to Order at: 7:02 p.m. Quorum Present. The Administrator Amy Maxner reads the following statement: Pursuant to Governor Baker’s March 12, 2020 Order Suspending Certain Provisions of the Open Meeting Law, G.L. c. 30A, §18, and the Governor’s March 15, 2020 Order imposing strict limitations on the number of people that may gather in one place, this meeting of the North Andover Conservation Commission is being conducted via remote participation to the greatest extent possible. Specific information and the general guidelines for remote participation by members of the public and/or parties with a right and/or requirement to attend this meeting can be found on the Town’s website, at www.northandoverma.gov. For this meeting, members of the public who wish to watch the meeting may do so on their televisions by tuning to Comcast Channel 8 or Verizon Channel 26 or online at www.northandovercam.org. No in-person attendance or members of the public will be permitted, but every effort will be made to ensure that the public can adequately access the proceedings in real time. Any member of the public who would like to participate in the public hearing should email Amy Maxner before or during the hearing at amaxner@northandoverma.gov. The question or comment will be read during the process and responded to accordingly. Acceptance of Minutes  A motion to accept the minutes of the April 8, 2020 meeting as reviewed and amended is made by Mrs. Feltovic, seconded by Mr. Lynch.  Vote 6-0, Unanimous. General/Old/New Business 242-1702, Extension Request, 315 Turnpike Street, Athletic Complex (Merrimack College)  This item is taken out of order.  The Administrator states the Order was issued in May of 2017. It governs construction of a synthetic athletic turf field and running track, spectator bleachers, new field house and club event area, walkway and emergency vehicle improvements, associated hardscaping and landscaping. The project was completed in 2018 with one area in the Buffer Zone, which needs final stabilization. The area will be loamed and seeded this spring.  Mr. Lynch would like to know if stabilization will be completed in one year.  Jeff Koetteritz, VHB states the portion left open was an insignificant change submitted to the Planning Board in 2018. This was for a portion of the baseball field, which was to be used at a temporary gravel parking lot. They are seeking an extension to restore the area to the existing condition.  A motion to grant a one year extension is made by Mr. Lynch, seconded by Mrs. Feltovic.  Vote 6-0, Unanimous. Documents 11625.18_2020-04-09_Ooc Extension Fee_$200.00, 1162518 - Order of Conditions Extension Request \[2020-04-09\] Conservation Commission Minutes 22-04-2020 Page 2 of 4 Approved 05/27/2020 Notice of Intent (NOI) 242-1782, 800 Massachusetts Avenue (Worden)  The Administrator states a revised plan was received depicting a fieldstone wall at the 25-foot buffer along the patio area in the rear yard. They have proposed a planting strip at the edge of wetland and mowing in between the wall and the mitigation area twice a year. They will have two settling basins to capture water and slurry. The field dumpsters have been relocated to the grass area at the front of the property.  Mr. Mabon would like to know if a planting list for the Restoration Area was provided.  The Administrator states a planting list was provided; it consists of three different species of Sweet Pepperbush, Low Bush Blueberry and Meadowsweet. She feels these are acceptable mitigation plantings.  Mr. Napoli would like to know how they intend to access the area to install the patio.  Jack Sullivan, Sullivan Engineers states 10-feet was left between the edge of the building and the planting area to serve as an emergency access. They propose to install erosion controls, construct the patio, and install the wall and mitigation plantings. The access point will be from the left side of the building. He expects the patio to take approximately one week to complete.  Mr. Napoli recommends construction take place during the dry season (June/July). A site visit was performed after the last meeting and he was not pleased with the cutting that had taken place. He states the office needs to be notified prior to work taking place.  Mr. McDonough questions why there is a bump out depicted along the mitigation planting strip on the proposed plan vs. a straight line.  Mr. Sullivan states it was designed to allow a sitting view of the surrounding land. They are proposing to install 4-pressure treated posts and attach wetland markers along the 25-foot NDZ.  Mr. Sullivan reviews additional items in the 100-foot Buffer Zone including the proposal to replace a 6- inch drain, removal of two small saplings at the rear of the building, a 5x5 concrete platform and walkway, expansion of the pavement area and the installation of a landscape retaining wall.  The Commission members do not express any concerns with the proposed items.  Mr. Sullivan states they propose to dig containment pits outside of the drilling area and surround them with hay bales. The containment pit will be interconnected to one another. As the tailings and slurry come out of the well location, it will be deposited into the containment pits. Any excess water that moves through the pits will be pumped to the dumpsters situated in the grass area out front. The soil and tailing deposited into the containment pits will be allowed to sit and infiltrate back into the ground so the material is dry before being excavated and removed from the site.  Mr. Lynch states there will need to be a management activity for the solids that come up from the well locations.  Derek Skillings the Well Pumper for the project states they will have a small excavator on-site next to the containment pits. The water will be pumped to the dumpsters and the material will be dug out and stockpiled next to the containment pits. The smaller particles will be pumped away to the dumpsters and the larger pieces of rock will remain. He does not expect runoff to flow towards the wetlands because water perks through stone dust easily.  Mr. Lynch states he would like to see a row of erosion controls installed in the eastern corner of the building and a second row halfway between the corner and where they are depicted on the plan. He questions if the 6-inch drain is hard piped to the municipal drain system.  Mr. Sullivan states they did not explore the drain but believes that it is connected.  Mr. Lynch proposes a pre-construction condition that determines if there is an outlet from the structure and if there is for it to be protected with erosion controls.  Mr. Sullivan believes that it is a cover, not a catch basin but agrees to protect it as well as doubling lining the corner of the building with erosion controls. He states there are two catch basins on Massachusetts Avenue they will protect with silt sacks. Conservation Commission Minutes 22-04-2020 Page 3 of 4 Approved 05/27/2020  Mr. Napoli expresses concerns the water will flow over the tailgate when the dumpsters are loaded to be removed from the site. He is concerned with surplus fill if there is a need to drill six wells vs. three wells.  Mr. Sullivan states the dumpsters will be used as temporary storage. The water will be pumped into a contained truck and removed from the site.  James D'Angelo, a member of the project team, states they intend to drill one well at time and remove the materials as they go. They expect each well to produce between 10 and 15-cubic yards of material, not including the water.  The Commission discusses the proposal and agrees they will need to manage one well at a time.  A motion to approve the waiver is made by Mr. Manzi, seconded by Mrs. Feltovic.  Vote 6-0, Unanimous  A motion to continue to close and issue and Order of Conditions is made by Mr. Lynch, seconded by Mrs. Feltovic.  Vote 6-0, Unanimous. Documents 03-11-2020 Meeting Materials, 04-08-2020 Meeting Materials, Post 4-8-20 Meeting Email Correspondence, Revised Plan 800 Mass Ave 04-15-20 Request to Breach Beaver Dam, Dale Street, Map 104C Lot 25 (Smolak Farms)  The Administrator states a request was received from Smolak Farms to breach a beaver dam. An aerial photograph depicting the location of the dam was provided.  Michael Smolak, Smolak Farms states the area in question is a six to an eight acre quaking bog located on the southerly side of Dale Street. Several years ago, a request was filed to have the beavers removed and it worked well for a few years. The beaver dam has grown overtime and has completely obstructed access from this road to other parts of the farm. The quaking bog is a very delicate ecosystem, which is highly acidic and sits on the saddle between two watersheds. Due to the excess water, the acidity is not what it should be. The acidity is required for survivorship of some of the carnivorous plants, which are unique to the area.  Mr. Mabon would like to know the method they propose in order to control the beavers.  Joe O’Neil, O’Neil Wildlife states they propose to breach the dam and trap the beavers.  The Administrator states the authorization to trap the beavers lies with the Board of Health. The NACC’s approval is required for the breaching of the dam.  Mr. Lynch states he would like additional information on what they are proposing, potential impact downstream and how they propose to maintain the flow in the future.  Mr. O’Neil states the area is too narrow and believes the beavers will either block the deceiver or build further downstream.  Mr. Manzi states he has a beaver deceiver on his property and that it works extremely well. He urges the applicant to consider installing a flow device. He states they have annual maintenance done and have only had it rebuilt once due to storm damage.  Mr. Lynch confirms with the Administrator that the Emergency Certification is only good for 30 days.  The Commission discusses the proposal and agrees to grant the Emergency Certification under the conditions that they provide adequate downstream protection, and trap out the beavers as permitted by state regulations. The applicant must return in 60 days with a long-term beaver management and flow management proposal.  A motion to grant the Emergency Certification as proposed is made by Mr. Lynch, seconded by Mr. Manzi.  Vote 6-0, Unanimous. Documents Smolak Beaver Dam Location Conservation Commission Minutes 22-04-2020 Page 4 of 4 Approved 05/27/2020 Enforcement Order/Violation 410 Summer Street (Loughran)  The Administrator states she expects the NOI will be submitted soon.  A motion to continue to May 13, 2020 is made by Mr. Lynch, seconded by Mrs. Feltovic.  Vote 6-0, Unanimous. Documents 12-11-2019 Meeting Materials 1806 Salem Street (Diamond)  The Administrator states she is hoping to perform a site visit next week to get some measurements.  A motion to continue to May 13, 2020 is made by Mr. Lynch, seconded by Mrs. Feltovic.  Vote 6-0, Unanimous. Documents 03-11-2020 Meeting Materials Discussion Signature Authorization  The Administrator states using ViewPoint to obtain signatures is not as straightforward as originally thought. Other towns and cities are taking votes to allow the Administrators to physically sign decisions and documents on their behalf. The vote would be certified by the Town Clerk and recorded at the Registry of Deeds. This idea has been reviewed by the Town Counsel, and has given her approval.  The Commission discusses the proposal to have the Administrator sign decisions and documents on behalf of the Commission.  Mr. Lynch states he believes there will need to be a separate polling of members to authorize the affixing of signatures to the Order.  Mr. Manzi states if the vote is not unanimous there should be a way to designate a person's vote when the signatures are affixed.  Mr. McDonough suggests the Administrator poll the Commission at the end of each item on the agenda requesting the authority to sign on behalf of the members, to allow the members to indicate if they oppose or dissent the vote.  The Administrator states they still need a document, which will be recorded at the registry stating they will be implementing the procedure during the Massachusetts State of Emergency. She goes on to read the proposed language, which has been approved by the Town Counsel.  The Commission agrees the proposed language should include a drop-dead date of June 1, 2020 which can be extended if need be.  Mr. Lynch requests the Administrator email the proposed language to the Commission members for review. He would like to know if the MACC is providing any guidance on how business is being conducted.  The Administrator states she believes they are compiling procedures that people have implemented. She feels the method proposed is the cleanest and most straightforward way to proceed.  The Commission would like to know how other town boards are proceeding with obtaining signatures. They agree it is important that they remain consistent and uniform and agree they need direction from the Town Manager and Town Council prior to moving forward. Adjournment  A motion to adjourn at 8:19 p.m. is made by Mr. Lynch, seconded by Mrs. Feltovic.  Vote 6-0 Unanimous.