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HomeMy WebLinkAbout2020-08-26 Conservation Commission Minutes 26 Conservation Commission Minutes-08-2020 Page 1 of 7 Approved 9/23/2020 North Andover Conservation Commission Meeting Minutes August 26, 2020 Members Present: The following identified themselves as present on the call: Joseph W. Lynch, Albert P. Manzi, Jr., Vice Chairman, Louis A. Napoli, Chairman, John T. Mabon and Sean F. McDonough 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 limitation on the number of people that may gather in one place, this meeting of the North Andover Conservation Commission will be 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 of 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, via technological means. In the event that we are unable to do so, despite best efforts, we will post on the Town of North Andover website an audio or video recording, transcript, or other comprehensive recording of the proceedings as soon as possible after the meeting. If the public would like to participate in public hearings please email your question/comment prior to or during the meeting to amaxner@northandoverma.gov. The question/comment will be read during the proceedings and responded to accordingly. Acceptance of Minutes  A motion to accept the minutes of the August 12, 2020 (sic) is made by Mr. Manzi, seconded by Mr. Mabon.  Vote 5-0, Unanimous. Certificate of Compliance 242-1723, 67 & 87 Molly Towne Road (a.k.a Kelsey Lane, Lots 2 & 3) (RDM Kelsey, LLC)  The Administrator states the applicant has requested a continuance.  A motion to continue to September 9, 2020 is made by Mr. Manzi, seconded by Mr. Mabon.  Vote 5-0, Unanimous. Documents Email from bosgood@rangereng.com requesting a continuance until 9/9/20 242-1751, 2017 Salem Street (a.k.a. 2051 Salem Street) (LRC Builders)  The Chairman states the project engineer has requested to withdraw the request for COC without prejudice.  The Administrator states the stone swale was constructed by the builder, but the current homeowner filled it with loam for plantings. It appears that the homeowner will not allow the builder back on the property to fix the violation.  The Chairman states the homeowner is reluctant to restore the trench and recommends issuing an EO. 26 Conservation Commission Minutes-08-2020 Page 2 of 7 Approved 9/23/2020  Mr. McDonough would like to know if anyone from the Conservation Department has reached out to the homeowner.  The Administrator states she had email exchange with the new homeowners who claim they were not made aware of the OOC or the required trench and that they do not have the money to restore the trench. A copy of the OOC and approved plan was forwarded to the homeowners last week. It was explained to them that the OOC runs with the property and they are ultimately responsible for compliance.  The Commission discusses the violation, the request to withdraw and how to proceed.  Mr. Lynch would like to know if the homeowners have admitted to altering the trench.  The Administrator states the homeowners admitted to filling the trench and adding plantings.  The NACC agrees to issue an EO to the builder and current homeowner to restore the stone drainage swale as specified by the approved plan no later than September 23, 2020. Fines in the amount of $100 per day shall be assessed for every day after September 23, 2020 that the swale is not restored.  A motion to issue an EO as discussed with a compliance date of September 23, 2020 is made by Mr. Manzi, seconded by Mr. Lynch.  Vote 5-0, Unanimous.  A motion to continue to September 23, 2020 is made by Mr. Manzi, seconded by Mr. Lynch.  Vote 5-0, Unanimous. Documents 8-12-2020 Meeting Materials, Request for COC - Withdrawal 242-1714, 0 Riverview Street (GLSD) (a.k.a. 185 Mill Road)  The Administrator provides background on the OOC for the installation of a diesel fuel standby generator, associated concrete pad foundation and enclosure, and associated perimeter crushed stone infiltration trench and fencing. The project also includes the addition of a paved spill containment area at fuel fill location that will be sloped toward a new catch basin with a 2-foot sump where stormwater will be collected and routed to the existing stormwater collection system. During fueling events a gate valve will be closed to shut off stormwater connection and open to a subsurface spill containment tank in case of a fuel spill. The work occurred within 200-foot Riverfront Area, and BLSF. The work has been completed and an as-built plan and certification letter have been received. The North Andover Town Engineer expressed concerns over having a dual stormwater collection catch basin that would be open to any fuel spill, so the proposed drain connection to the existing stormwater system was eliminated and not constructed. The spill containment system was constructed independent of the existing stormwater collection system. The engineer certified in an email that the requisite compensatory flood storage has been constructed and is accurately depicted on the as-built plan. A site visit was conducted, and the site is stable. The Administrator recommends issuing a Certificate of Compliance.  Mr. Lynch would like to know if an O&M Plan was required.  The Administrator states an O&M Plan was not required.  Mr. Napoli states he is in favor of the spill containment system being constructed independently of the existing stormwater collection system.  A motion to issue a full and final Certificate of Compliance is made by Mr. Lynch, seconded by Mr. Manzi.  Vote 5-0, Unanimous. Documents 242-1761 Riverview Street 0 OOC Special Conditions Redlined for Closeout, GLSD CP-1 Record Dwgs 10JUL20 - STAMPED, Close out letter to ConCom_20Jul20 Final, WPA-form 8 Small Project NACC #259, 16 Woodberry Lane (Kennedy)  The Administrator states the applicant i s seeking to demolish the existing deck and stairs that are 58-feet from the wetland and propose the construction of a new deck and stairs 56-feet from the wetland. Two 26 Conservation Commission Minutes-08-2020 Page 3 of 7 Approved 9/23/2020 new helical piles will be installed to support the outer perimeter of the deck and a new small concrete pad at the base of the stairs. The new deck is 168 s.f., the new stairs are 36 s.f. for a grand total of 204 s.f. All demo materials will be placed into a dumpster. No vegetation removal is required. The Administrator recommends approval of the project as a Category "A" with the following conditions, post construction site inspection with the Conservation Department to verify compliance. Any other work including modification to any walkways in the Buffer Zone shall be reviewed and approved by the NACC separately.  Mr. Napoli requests the Administrator email literature on helical piles to the Commission.  A motion to accept this as a Small Project A is made by Mr. McDonough, seconded by Mr. Lynch.  Vote 5-0, Unanimous.  A motion to approve the Small Project as proposed (post construction inspection & modifications to any walkways shall be reviewed separately) is made by Mr. McDonough, seconded by Mr. Lynch.  Vote 5-0, Unanimous. Documents Small Project Permit - 16 Woodberry Lane - Check, Small Project Permit - 16 Woodberry Lane - Photos, Small Project Permit - 16 Woodberry Lane - Plot Plan, Small Project Permit - 16 Woodberry Lane - Deck Plans, Small Project Permit - 16 Woodberry Lane - Checklist, Small Project Permit - 16 Woodberry Lane - Narrative NACC #260, 222 Bradford Street (Turner)  The Administrator states the applicant i s seeking to demo existing deck and stairs to build a slightly smaller deck and stairs for a grand total of 289.06 s.f. The new deck will be approximately 84-feet from the wetland. Three new support piles will be hand dug or will be Tech piles and positioned to avoid the footprint of the existing septic system. The Administrator recommends approval of the project as a Category "A" with the following conditions, post-construction inspection with Conservation staff to verify compliance and demo materials to be continued outside the 100-foot Buffer Zone. The design was approved by the BOH.  Small Project A is made by Mr. McDonough, seconded by Mr. Lynch.  Vote 5-0, Unanimous.  A motion to approve the Small Project as proposed (post construction inspection & demo materials outside the 100-foot Buffer Zone) is made by Mr. McDonough, seconded by Mr. Lynch.  Vote 5-0, Unanimous. Documents Plansoutlined, narrative, plot and septic, MASTROMONACODECKplan_Final Draft, footings, 2020-08- 17_220219 Notice of Intent (NOI) 242-1787, 135, North Ramp Road (Positive Star Realty, DeRosa)  Mr. Napoli recuses himself from the discussion due to a conflict of interest, Mr. Manzi steps in as chair.  The Administrator states on July 13th a site inspection was conducted by Commissioners Manzi and McDonough. On July 29th the Administrator and the wetland consultant walked the wetland line and conducted a site inspection. Several flags were relocated, flag adjustments will be noted on the plan. Additional soil samples were taken upgradient of the wetland edge closest to the edge of the glass fill. Based on soil characteristics she is comfortable that the glass fill has not encroached into the wetland, but the toe of slope is very close to the edge of the wetland. During the site visit a surface drainage swale along slope discharging into the vicinity of Wetland Flag A4/A5, per request this will be noted on the plan. She states she is currently in the process of preparing a chronology of communications with descriptions of documents and is working with a third-party consultant to assist in developing a logical scope to evaluate impacts to wetland water quality. The Administrator reviews the scope of work proposed by the GEI. 26 Conservation Commission Minutes-08-2020 Page 4 of 7 Approved 9/23/2020  Mr. Manzi states he was shocked at the amount of material on-site.  Mr. McDonough states he didn’t realize how large the mountain of material was until he was standing on it. He is unsure they can rely on records to tell them what material is located underneath the now grass/gravel.  Commissioner Manzi and McDonough urge Commission members to visit the site to see the scale of the material for themselves.  David Cowell, Hancock Associates states they are amenable to third party review however they received the proposal earlier today and have not had time to review. He requests time to vet the proposal to ensure they understand the terms and conditions.  Mr. Manzi states under the Bylaw the NACC is authorized to procure third party services to assist them in completing a project with the cost to be borne by the applicant.  Mr. Lynch confirms that DEP ordered the facility to go before the NACC. He states the Commission has a concern that what is on-site was never permitted by the NACC.  The Commission discusses the proposal from GEI.  The Administrator states the information compiled thus far is merely communication between Hancock and Conservation staff. It does not consist of bills of lading or evidence of the character and origin of the material brought to the site, which is the material the third party is looking to secure.  Mr. McDonough suggests tabling the discussion to the end of the meeting to allow the consultant time to review the proposal with the applicant.  Mr. Cowell states the applicant would like to acquiesce to the proposal.  Mr. Manzi recommends per page three of the proposal the Commission vote to authorize an escrow account to commence the services of GEI to assist the Administrator in a background investigation on the project.  A motion to approve escrow funds in the amount of $14,100 for peer review is made by Mr. McDonough, seconded by Mr. Mabon.  Vote 4-0, Unanimous, Recused: Mr. Napoli.  A motion to continue to September 9, 2020 is made by Mr. Lynch, seconded by Mr. Mabon.  Vote 4-0, Unanimous, Recused: Mr. Napoli. Documents 6-10-2020 Meeting Materials 242-1793, 101 Foster Street (Grasso)  Mr. Napoli resumes his role as Chairman.  The Administrator states the proposal was discussed at the previous meeting and provides background on the project. A final plan was received depicting a construction entrance and stockpiling area. The BOH has provided their final comments on the plan. The Administrator recommends closing the public hearing and issuing an OOC.  A motion to continue to close and issue in 21 days is made by Mr. Mabon, seconded by Mr. Lynch.  Vote 5-0, Unanimous. Documents 8-12-2020 Meeting Materials, 2020-08-24 101 Foster Street Revised Plan 242-1792, 137, 113-115 Andover Street, Stevens Coolidge Place (TTOR)  The Administrator states the hearing was opened at the last meeting but not discussed. The BVW and IVW lines were inspected and found to be accurate. The soils were relied on heavily for the delineation given the history of farming. An area of historic composting was inspected which is up against the BVW line at WF A17. The applicant has mentioned a willingness to remove it and restore the area. The proposed gravel access off Andover Street will require grading, more details were requested. Revised plans have been received depicting these changes. The restoration and pond expansion work proposed in the IVW is multi-faceted, waivers were requested. 26 Conservation Commission Minutes-08-2020 Page 5 of 7 Approved 9/23/2020  Mr. Manzi states the land has always been an ongoing agricultural enterprise. He feels the Commission should keep in mind the proposal is slightly changing its use but not completely.  Mr. Napoli expresses concerns over the scope of work in the IVW.  Mr. Mabon feels it’s important to retain as much of the natural conditions as possible. He questions if the IVW is jurisdictional under the State or Bylaw.  The Administrator believes it is jurisdictional under the Bylaw only but will confirm this with the consultant.  Mr. McDonough believes the proposal is a change of use to the property to a certain extent. He states the consultant will need to convince him in order to waive the Buffer Zones in each and every location.  Evin Guvendiren, DeRosa Environmental Consulting introduces the team. The pond is almost entirely cattail and is not currently functioning as an open water habitat. The wet meadow is not as diverse as it could be. They are proposing to transplant some of the native species back into the wet meadow to improve the habitat.  Mr. Manzi would like to know the basis for the waiver request and if an alternative analysis has been conducted.  Ms. Guvendiren states the waiver proposes to restore and enhance the IVW and its Buffer Zone. The impacts of the activities proposed are minimal and will improve the ecological function and value of the Resource Area. There is no other location for the proposed activities since they intend to restore and enhance the wetland. Lawn does not function as a buffer to the wetland; particularly in providing ecological services for wildlife habitat function and value. The only alternative would be to do nothing.  Mr. Manzi & Mr. McDonough feel that a site visit would be beneficial to understanding the proposal.  The Administrator states she received abutter concerns from Kelly Cormier and Susan Rochwarg. The concerns were broad and not all pertained to the Conservation Commission jurisdiction. The Administrator was able to respond to concerns regarding drainage/flooding, interruption of the existing habitat and water flow.  Mr. Napoli states the Commission's main interest is protecting the wetlands. He directs the Administrator to schedule a time to conduct a site walk with the NACC.  Mr. Lynch would like a hydrologic analysis comparing what is there now vs. what they propose.  A motion to September 9, 2020 is made by Mr. Manzi, seconded by Mr. Mabon.  Vote 5-0, Unanimous. Documents 8-12-2020 Meeting Materials, Figure 2h.Restoration Plan, Site Plan Rev 8.25.2020 242-1783, 1160 & 1116 Great Pond Road (Brooks School)  The Administrator states the proposal includes south entrance relocation and associated work. The work within jurisdiction includes; removal of the existing paved access drive and associated spur driveway that serves the Dearborn House and restoring these footprints to lawn and meadow. Construction of a rain garden to mitigate roadway runoff. The work will be within the 25-foot NDZ and 50-foot NBZ, a waiver request was submitted for these activities. They have proposed the creation of a new south entrance partially utilizing the driveway that services 1116 Great Pond Road. All work is outside 25-foot NDZ and 50-foot NBZ for the new entrance. A new spur driveway will service the Bigelow House; that driveway will be removed as well and is just outside the 100-foot Buffer Zone. The stormwater will be handled via a swale to a catch basin and water quality unit. This will discharge by pipe and rip rap velocity reducer positioned just inside the 50-foot NBZ. The rip rap location works with the existing contours. Per the waiver request relocating it outside the 50-foot NBZ would entail more land disturbance in the Buffer and Watershed Zones. The Administrator walked the wetland line and found it to be reasonable. Parts of the wetland have been subject to historic mowing; this practice may possibly be required to cease as a condition of the OOC. The proposal is currently before the Planning Board and is under peer review.  Anthony Cleaves, Whitman & Bingham Associates is present on behalf of the applicant.  Mr. Napoli would like to know if they have addressed any comments from the peer review. 26 Conservation Commission Minutes-08-2020 Page 6 of 7 Approved 9/23/2020  Mr. Cleaves states they responded to all the questions received from the third-party peer review and are waiting on a final response. He hopes to have the final response by the Commission’s next meeting.  The Commission feels it would be more productive to wait for the final peer review comments and Planning Board decision.  A motion to continue to September 9, 2020 is made by Mr. Manzi, seconded by Mr. Mabon.  Vote 5-0, Unanimous. Documents 03-25-2020 Meeting Materials, Brooks School South Entrance Certifieds, South Entrance 8-5-2020, O & M plan-Brooks South Ent 2 update 8-5-20-signed, brooks-south admiss drainage analysis update 8-5-20, Brooks South Ent Admissions Stormwater Report update 8-5-2020, Brooks South Ent Admiss OM map Enforcement Order/Violation 1470 Forest Street Ext. (Picariello)  The Administrator states the applicant has requested a continuance.  A motion to continue to September 9, 2020 is made by Mr. McDonough, seconded by Mr. Manzi.  Vote 5-0, Unanimous. Documents Email from jdick48@comcast.net requesting a continuance until 9/9/20 242-1692, 1210 Osgood Street (Princeton Development)  Mr. Napoli recuses himself from the discussion due to a conflict of interest, Mr. Manzi steps in as chair.  The Administrator states an Enforcement Order was issued to allow the installation of the interceptor trench and groundwater treatment system and associated appurtenances back in July last year. A permanent treated water discharge outlet pipe was part of the plan however it was not closely scrutinized at that time. The system has been running for approximately one year and the discharge pipe has been operating and discharging clean treated water at a small rip rap outlet area. Downstream erosion controls have been in place for quite some time. The water discharge has created its own path through the erosion controls and there is some sediment build up against the controls. The Administrator feels that once the erosion control measures are removed a significant load of sediment will travel into the wetland and further correct itself into a channel resulting in erosion. The Administrator requested the applicant come up with a plan that would address the long-term concerns. A site walk was conducted with the Site Monitor, who agreed that the concern should be addressed. During the site visit the entire erosion control line was walked and specific protocol was prescribed for various sections on site conditions. A proposal has been submitted: existing sediment and erosion controls will be removed by hand, and the existing flow path prepared to accept new rip rap swale.  The Commission discusses the proposal and the gpm, the swale will max out at 200 gpm.  Mr. Mabon would like to know if the plan was proposed by the applicant or the Site Monitor and Administrator.  The Administrator states the plan was proposed by the applicant, but the design was discussed on site.  Mr. Manzi requests the Site Monitor and or representative be present the entire time until the work is completed.  A motion to adopt the amendment as described is made by Mr. Mabon, seconded by Mr. Lynch.  Vote 4-0, Unanimous, Recused: Mr. Napoli. Documents 1210 Osgood - Erosion Controls Removal and New Stone Apron General/New/Old Business Lake Cochichewick Watershed Study/Raw Water Testing Update  Mr. Napoli resumes his role as Chairman. 26 Conservation Commission Minutes-08-2020 Page 7 of 7 Approved 9/23/2020  The Administrator provides an update on raw water lake testing. Testing is being conducted however it’s not being packaged in an accessible manner. The DPW is looking to hire an intern to compile the test results into a database. Community Development was able to budget an allowance for an update to our watershed study/plan, this was last updated in 1987. A proposal request has been submitted to four firms, the deadline for the quotes is September 8, 2020. Decision 242-1788, 15 Carriage Chase Road  The Administrator reviews the drafted Order of Conditions with the Commission.  The Commission discusses Condition #39, the bond will be set in the amount of $3,000.00. Condition #48 requires weekly monitoring and reporting after heavy rain events. Condition #59 requires dewatering if necessary.  A motion to approve the Order of Conditions as drafted and amended is made by Mr. Manzi, seconded by Mr. Lynch.  Vote 5-0, Unanimous. 242-1790, 1 High Street, East Mill Pond (RCG North Andover Mills)  The Administrator reviews the drafted Order of Conditions with the Commission.  The Commission discusses E.Coli monitoring data and the pipes that inlet the pond. The Order requires baseline water quality results to be reported to the NACC, E.Coli will be part of the testing.  A motion to approve the Order of Conditions as drafted is made by Mr. Mabon, seconded by Mr. Manzi.  Vote 5-0, Unanimous. 242-1793, 101 Foster Street (Grasso)  The Administrator reviews the drafted Order of Conditions with the Commission.  The Commission discusses Condition #47, the bond will be set in the amount of $1,500.00.  A motion to approve the Order of Conditions as drafted is made by Mr. Manzi seconded by Mr. Mabon.  Vote 5-0, Unanimous. Signature Authorization - Permits Issued at the 8/26/2020 Meeting  The Administrator states a vote needs to be taken authorizing her to sign decisions, permits and forms on behalf of the Commission for the following;  Certificate of Compliance for 0 Riverview Street, Small Project for 16 Woodberry Lane and 222 Bradford Street, Amended EO for 1210 Osgood Street, Order of Conditions for 15 Carriage Chase Road, 1 High Street and 101 Foster Street.  A motion to allow the Administrator to sign the permits as proposed is made by Mr. Manzi, seconded by Mr. Lynch.  Vote 5-0, Unanimous. Adjournment  A motion to adjourn at 9:39 p.m. is made by Mr. Manzi, seconded by Mr. Mabon.  Vote 5-0 Unanimous.