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HomeMy WebLinkAbout2020-12-09 Conservation Commission Minutes Page 1 of 10 Approved 1/13/2021 North Andover Conservation Commission Meeting Minutes December 09, 2020 Members Present: The following identified themselves as present on the call: Louis A. Napoli, Chairman, John T. Mabon, Joseph W. Lynch, Albert P. Manzi, Jr., Vice Chairman, Sean F. McDonough and Anthony Capachietti Members Absent: Douglas W. Saal Staff Members Present: The following identified themselves as present on the call: Amy Maxner, Conservation Administrator and Taylor Andrews, Field Inspector Meeting came to Order at: 7:03 p.m. Quorum Present. The Administrator, Amy Maxner reads the following statement: Pur 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 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 The minutes for the November 18, 2020 meeting are not ready for approval. Small Project NACC #269, 190 Academy Road (North Parish Church) The Administrator states the applicant is seeking approval for the removal of invasive species. Fresh loam will be brought in to amend the soil, fill in divots and even out the planting surface. They will replant the area with native shrubs and herbaceous perennials. They have also proposed the installation of a 65-foot split rail fence. All of the work is over 50-feet from the BVW that is located across the road along Great Pond Road. The Administrator has reviewed remnant flags that are present in the field and they are still accurate. Erosion controls will be installed along the edge of and above the roadway curb. Work to be accomplished manually with the exception of the use of a residential size rototiller to turn soil and expose invasive roots to be more easily hand pulled. The Administr pre and post construction inspections with Conservation Department staff. Mr. Capachietti recuses from the discussion due to a conflict of interest. Mr. Lynch would like to ensure proper disposal of the invasive plant material is followed. The Administrator states the Field Inspector can provide guidance on proper disposal of the invasive plant material. A motion to accept this as a Small Project G & H is made by Mr. McDonough, seconded by Mr. Lynch. Vote 5-0, Unanimous Recused: Mr. Capachietti. A motion to approve the Small Project as proposed (pre and post construction inspections and removal and proper disposal of invasive plants under the direction of the Field Inspector) is made by Mr. McDonough, seconded by Mr. Mabon. 2020-12-09 Conservation Commission Minutes Page 2 of 10 Approved 1/13/2021 Vote 5-0, Unanimous, Recused: Mr. Capachietti. Documents Small Project_NP Church_APPLICATION CHECKLIST, Small Project_NP Church_NARRATIVE, Small Project_NP Church_PLANS Certificate of Compliance 242-1703, 1087 & 1099 Salem Street (a.k.a 1099 Salem Street) (LRC Builders) The Administrator provides background on the OOC. A site inspection was performed before Thanksgiving and the site is stable and in general compliance with the Order. The Administrator requested additional wetland markers be installed along the 50-foot NDZ to the Vernal Pool, additional crushed stone to be added along the driveway shoulder of 1099 Salem Street and the erosion controls removed. A site inspection was performed by staff today, the markers and stone have been added but the erosion controls remain. The Administrator recommends issuing a full and final COC with on-going conditions as prescribed in the Order and withholding the physical COC until the erosion controls are removed and verified by staff. Mr. Napoli directs the Administrator to remind the consultant that removal of the erosion controls is part of the COC. The Administrator states there is an O&M Plan that will be attached to the COC for the stone shoulder. Mr. Manzi expresses concern with issuing a COC prior to the site being in full compliance with the OOC. A motion to issue a full and final Certificate of Compliance contingent upon final inspection of the removal of erosion controls by administrative staff is made by Mr. Mabon, seconded by Mr. Lynch. Vote 6-0, Unanimous. Documents 2020-10-14 COC DOCS, 2020-10-14 COC PLAN Amendment 242-1780, 1230 Salem Street (Grasso) The Administrator states revised plans depicting a shortened pool further away from the proposed pool were submitted. The proposed retaining wall is a Shea block gravity style retaining wall. The Administrator recommends to close the hearing and issue an Amended OOC. The Commission discusses the proposal and agrees the information provided is sufficient. A motion to accept the Amendment to the Order of Conditions and close the public hearing is made by Mr. Lynch, seconded by Mr. Manzi. Vote 6-0, Unanimous. Documents 10-28-2020 Meeting Materials, 11-18-2020 Meeting Materials, 102_typical_gravity_wall_cross_section, cid:JuRrGNGrZcLjIIkY6G6U, NOI 6 - REVISED 12-1-20 242-1752, 1270 Salem Turnpike (Sampson) The Administrator states the Planning Board is still in the process of reviewing the proposal and has asked for a Stormwater O&M Plan and additional details on the landscaping along the frontage of Turnpike Street. They anticipate closing and issuing a decision on December 15th. The applicant is requesting to construct additional parking spaces and associated grading (9 total, including 1 handicap space), for a total of 28 parking spaces on the site. The parking expansion is toward the street side of the property, with 3 new spaces within the 50-foot NBZ. A waiver request has been submitted for new pavement within the 50-foot NBZ. Per the drainage memo the Downstream Defended is reported to handle 3 CFS, with 2.55 CFS calculated for proposed conditions in the 100-year storm. Additional landscaping and fence has been proposed along the street side of the property. The plan has been reviewed by the Town Engineer and has been approved as proposed. A signed copy of the O&M Plan has been received and the catch basins and Downstream Defender were cleaned on December 2nd. A copy of the report and invoice will be provided once it is available. 2020-12-09 Conservation Commission Minutes Page 3 of 10 Approved 1/13/2021 Mr. Mabon expressed concerns with snow management due to the proximity of the wetlands. He would like to know if the O&M Plan requires snow removal from the site entirely or if there are snow stockpiling requirements. The Administrator states the O&M Plan does not speak specifically to snow storage. Mr. Lynch agrees that prohibiting/regulating stockpile locations or conditioning when stockpiling is no longer feasible the snow to be removed from the site. Mr. Manzi would like clarification on what the drainage memo means going forward. Deb Colbert, Hancock Associates states the applicant is amenable to the Commission's recommendations. She believes regrading and new drainage is an improvement. She would like to know if the existing pavement in the 50-foot NBZ will be allowed to be repaved. Mr. McDonough states he is not in favor of a waiver for disturbance in the 50-foot NBZ however the Commission allows repaving of existing pavement within the 50-foot NBZ with approval. The Commission discusses the waiver request and agrees they are not in favor of the 3 new parking spaces proposed within the 50-foot NBZ. Ms. Colbert states the Planning Board has required the applicant to install a white picket fence along the Mr. Napoli states the NACC allows fencing within the 50-foot NDZ. Mr. Lynch feels the plan should be clear whether they propose to reclaim, mill or resurface the existing pavement. Ms. Colbert states they propose to mill and repave around the existing pump station to capture the runoff. Mr. Napoli recommends that the consultant continue the hearing, revise the plan eliminating the 3 parking spaces within the 50-foot NDZ and add additional paving details to the plan. A motion to continue to January 13, 2021 is made by Mr. Lynch, seconded by Mr. Capachietti. Vote 6-0, Unanimous. Documents 11-18-2020 Meeting Materials, Marked up C1, Marked up C2 Notice of Intent (NOI) 242-1787, 135 North Ramp Road (DeRosa) Mr. Napoli recuses from the discussion due to a conflict of interest, and Mr. Manzi steps in as Chair. The Administrator provides background on the proposal. A revised set of plans has been received with a proposed subsurface infiltration system outside the Buffer Zone, associated catch basins and site grading. No response has been received from the applicant with regard to the Commission's request for a 3rd party peer review. Commissioners Saal and Capachietti are not eligible to vote on the matter. 7:57 p.m., The Administrator experiences technical difficulties. 7:57 p.m., The Administrator rejoins the call. Mr. Manzi expresses a need for further exploration to confirm the contents of the pile onsite and if the soil beneath it is upland or filled BVW. He would like to know what the endgame of the project will be. Mr. Lynch states the project was urged by MassDEP. He believes this is a non-compliance issue with the local by-law, Wetland Protection Act as well as DEP solid waste regulations. He agrees with Commissioner Manzi that boring samples should be completed. He believes it is important the borings are deep enough to go jurisdiction, time lapse aerial photography will also be required. Mr. Manzi would like to know if the Administrator has received copies of documentation/permits in regard to the site that were promised during the initial site walk. The Administrator states she provided a link to a suite of collective documents for review. She cannot speak Mr. Lynch feels it is appropriate the proposal include a transect of borings at 100-foot intervals up to the point where the pile used to be at a specific historic date. This will allow them to determine how far the pile has expanded and whether there were wetlands or not. 2020-12-09 Conservation Commission Minutes Page 4 of 10 Approved 1/13/2021 roposal dated August 25, 2020. The Administrator states no response has been received from the applicant. Mr. Lynch suggests they speak with the landlord regarding the tenant/violation once they have obtained the forensic information proposed by the Commission. David Cowell, Hancock Associates states the applicant is opposed to 3rd party review as it pertains to the solid waste management. They believe this is a state regulation in accordance with the Massachusetts Contingency Plan and administered by the MassDEP. Mr. McDonough would like boring samples to confirm what materials the pile consists of. Charlie DeRosa believes they have done their due diligence, by conveying all the records in their possession. They have conducted engineering studies on the property since 1998 and are working hard to get it back to where it needs to be. Charles LeRay, attorney for the applicant states they are seeking approval of a small amount of surface grading within the 100-foot Buffer Zone. There is no historical evidence of any intrusion into the wetland. They are not willing to undertake drilling to help facilitate enforcement action. He offers to have civil engineers review the grading and drainage plan if requested by the Commission. The Commission discusses the proposal and agrees that aerial photography needs to be obtained by the Administrator and site visit by the NACC must be completed. Once the forensic data has been collected, they will discuss how to proceed. A motion to continue to January 13, 2021 is made by Mr. McDonough, seconded by Mr. Mabon. Vote 4-0-2 (In Favor: Mabon, Lynch, McDonough, Manzi, Abstained: Capachietti, Recused: Napoli Documents 6-10-2020 Meeting Materials, 11-11-20-Plan Set (Stamped), 11-11-20-Stormwater Report (Stamped) 242-xxxx, 376 Salem Street (Phillip C. Farmer Development, Inc.) 7:41 p.m., Mr. Napoli resumes as chairman. The Administrator states a revised plan was received depicting changes (driveway infiltration trench and stockpile area) requested by the NACC. A DEP number has not been assigned at this time. The Commission reviews the revised plan and agrees to continue the next meeting due to a lack of a DEP number. A motion to continue to January 13, 2021 is made by Mr. Manzi, seconded by Mr. McDonough. Vote 6-0, Unanimous. Documents 11-18-2020 Meeting Materials, Abutter Correspondence 11 20 2020, Letter to Andover _ North Andover Con Com describing revisions, Lot 2 Septic Design Revised November 23 2020 - NOI submittal 242-1799, 243 Great Pond Road (Windhill Builders) The Administrator states the project consists of converting a portion of the existing deck to a patio, fence relocation, construction of a deck addition, koi pond and associated walls and planting beds within 100-foot Buffer Zone to BVW and 200-foot Riverfront Area. A site inspection was conducted by the Administrator and Field Inspector to review the delineated wetlands. They agree with delineation but there are additional wetlands towards the front of the house and access driveway that will require flagging. The property is subject to a 30-year Conservation Restriction which is due to expire in September 2025. A small section of the stone walkway is within the CR area which was discussed during a pre-application meeting. The means/methods of construction for the wall and koi pond were provided. The proposed wall will be approximately 2-3-feet above existing grade. The depth of excavation will be approximately 6-feet to allow for the necessary depth for frost protection. The equipment anticipated for construction is a mini excavator and a bobcat. Two stockpile areas and construction access is depicted on the plan. The construction access would require temporary access to the CR area, no removal/cutting of trees is required. Mr. Mabon feels it would be difficult to approve a project that is in violation of CR. Mr. Lynch & Mr. Manzi agree that the NACC does not have the jurisdiction to waive the CR. 2020-12-09 Conservation Commission Minutes Page 5 of 10 Approved 1/13/2021 The Administrator suggests the walkway be reconfigured to locate it outside the CR. Mr. Napoli expresses concern that the construction access is within the CR. Mr. Capachietti would like to know what the proposed materials are for the walkway. William Hall, Civil Design Consultants, Inc. states they have proposed to use irregular bluestone flagging for the patio/walkway. He offers to obtain a legal opinion on the CR. The Commission discusses the proposal and agrees clarity regarding what work can be done with the CR in place is needed. They request the plans be revised to relocate the walkway outside of the CR area, flag and locate the additional wetlands to the east and obtain a legal opinion on whether access can be gained through the CR for the proposed work. A motion to continue to January 13, 2021 is made by Mr. Manzi, seconded by Mr. McDonough. Vote 6-0, Unanimous. Documents 20-10239_102820_Certificate of Mailing - 112320, 20-10239-NOI-Reduced, 20-10239-WPP, 243 Great Pond Road - Legal Notice 12 02 20 - Public Notice, 243 Great Pond Road - Legal Notice 12 02 20 - Tribune, Energy & Environmental Affairs DEP# 242-1800, 158 Forest Street (Triano) The Administrator states the applicant is seeking approval for the construction of an in-ground swimming pool. The proposed pool is located 66.9-feet from BVW. They are proposing the use of a UV filter with no backwash. The project will require minimal grading. A patio will surround the pool, the material is undetermined at this time. The existing rear deck will be demolished and new stairs to be built off of the existing porch onto the pool deck. The wetland line was reviewed and found to be reasonable. There are potential vernal pools on either end of the wetland which would increase the NBZ and NDZ requiring a waiver. There is an existing stone retaining wall in the backyard that needs to be added to the plan. A large pile of dumped yard waste was observed during the site inspection, the pile is to be removed and the area restored. The construction access is proposed through the driveway and around the back house, to avoid the septic leaching field. Mr. Mabon would like to know if there are any certified vernal pools in the vicinity of the property. Due to the location of the construction access he believes erosion controls should be required across the backyard. The Administrator states based on Natural Heritage there are no potential vernal pools listed in the area. Mr. Manzi states he is not willing to rule on the project unless the vernal pools are certified, de certified or treated accordingly. Mr. Napoli expresses concern with the location of the construction access, stockpile location and potential zoning issues. He believes that there is a better alternative to the construction access to accomplish the work. Mr. Napoli directs the Administrator to inform the Inspector of Buildings of the project. David Cowell, Hancock Associates states a DEP # has been issued. A set of revised plans were submitted performing the work has confirmed he has the appropriate amount of space to access the back of the building. A detail will be included on the plan for the stonewall. They will review the location for the stockpile and the l pools are located off property. He does not believe they would have the right/opportunity to perform seasonal investigation in the spring. They consent to consider them to be potential vernal pools. The plan was revised with the vernal pool setbacks. No work is proposed in the 50-foot NDZ. Approximately 650-s.f. of work is proposed in the 75-foot NBZ, a waiver was requested for this work. The Commission discusses the proposal and agrees zoning setbacks need to be investigated and the plan revised to include the stone wall and vernal pool setbacks. They request the applicant reconsider the location of the stockpile, pool and patio location and construction access due to the vernal pool NBZ and NDZ setbacks. Mr. Cowell states that the construction access is currently an existing manicured lawn and will consider using tracking mats to protect the lawn from any damage. 2020-12-09 Conservation Commission Minutes Page 6 of 10 Approved 1/13/2021 The Administrator states a formal waiver request must be submitted with an analysis for work within the 75-foot NBZ. A motion to continue to January 13, 2021 is made by Mr. Manzi, seconded by Mr. Mabon. Vote 6-0, Unanimous. Documents 158 Forest Street - Legal Notice 12 02 20 - Public Notice, 158 Forest Street - Legal Notice 12 02 20 - Tribune, Affidavit of Service Signed, Certified mail slips, Energy & Environmental Affairs DEP#, NOI COMPLETE-signed 11.23.20 reduced, Town of North Andover Mail - Fwd_ Triano-158 Forest St NOI-Site Walk Follow Up 242-xxxx, 59 Bannan Drive (Blackshaw) The Administrator states the project involves the construction of a two-story addition with a garage under and living space with a frost wall foundation. A small extension of the driveway is proposed to accommodate access to the new garage bay. Work is within the 100-foot Buffer Zone to BVW, outside the 50-foot NBZ. The wetland report notes that Mosquito Brook is within 200-feet of the property. The Administrator believes this is an intermittent stream which feeds Mosquito Brook. All proposed work is outside the 200-foot Riverfront Area. The Administrator recommends a stone trench to capture roof runoff. A DEP number has not been assigned at this time. Mr. Manzi requests the Administrator verify whether or not the stream is Mosquito Brook proper. Mr. Capachietti agrees with the Administrators recommendation for a stone trench. A motion to continue to January 13, 2021 is made by Mr. Manzi, seconded by Mr. Lynch. Vote 6-0, Unanimous. Documents 59 Bannan Drive - Legal Notice 12 02 20 - Public Notice, 59 Bannan Drive - Legal Notice 12 02 20 - Tribune, 2020 NOI Project Narrative - 11.23.20, BANNAN 59 M38 P113 NOV 2020, Certificates of Mailing, Completed Application Checklist, Completed NOI Application, E__6-19-14_LEXAR (J)_NORTH ANDOVER_BANNAN DRIVE_SITE PLAN.xps, NACC wetlands Filing Fee Calculation Worksheet, NHESP Priority Habitats of Rare Species, NOI Wetland Fee Transmittal Form, Notification to Abutters, Riverfront USGS Map (Blue dot is our area), Wetlands surveyor report Enforcement Order/Violation 242-1692, 1210 Osgood Street - weir connection to interceptor trench Mr. Napoli & Mr. Capachietti recuse themselves from the discussion due to a conflict of interest, Mr. Manzi steps in as Chair. Mr. Manzi states a site visit was conducted by the Administrator, 3rd Party Peer Reviewer and Commissioner Manzi. The Administrator states a 3rd party peer review was performed and there were no objections to the proposal. The 3rd Party Peer Reviewer believes it is prudent to capture and treat the low flow events. The Administrator recommends to approve the plan to allow the connection and incorporate the plan as a record into the pending Amended OOC. A motion to approve the plan to allow connection and incorporate the plan into the Amended OOC is made by Mr. Mabon, seconded by Mr. Lynch. Vote 4-0-2 (In Favor: Mabon, Lynch, McDonough, Manzi, Recused: Napoli & Capachietti) Documents Drainage Outfall Monitoring Letter_102720 242-1692, 1210 Osgood Street - decommission sediment pond & frac tank Mr. Manzi states the applicant is seeking permission to decommission the sediment pond and frac tank. A site visit was conducted by the Administrator, 3rd Party Peer Reviewer and Commissioner Manzi. The Administrator states Building 2 & 3 are complete and roofs have been connected to the permanent stormwater system. The surrounding pavement is a binder coat. The foundation wall for Building 4 is 2020-12-09 Conservation Commission Minutes Page 7 of 10 Approved 1/13/2021 constructed. The basin and frac tank are currently within the undeveloped footprint of future Building 1 and its associated parking. The existing basin will be pumped down into the frac for settling. The saturated soils at the bottom will be removed and appropriate clean fill will be brought in. The remaining portion of the undeveloped site will be graded, and two small depressions will be created to capture runoff from the undeveloped portion of the site. The proposal has gone through two levels of review. Certification was Control Monitor) that the plan was built in compliance with the Mass Stormwater Regulations. There were no objections to the proposal from the 3rd party peer review from a contaminated water perspective. The Administrator recommends modifying the Enforcement Order to approve the proposed plan and incorporate special conditions as suggested by the project engineer. Any fill imported shall be certified clean or a certificate of origin be provided. Mr. Mabon would like to know if the conditions recommended by 3rd party review are currently being addressed by an EO already in place. The Administrator states the EO can be amended to incorporate the recommendations prior to the removal of the frac tank. Robert DiBenedetto, Hancock Associates is present for questions. The Commission discusses the request and agrees they are satisfied with the information submitted in respect to the request. A motion to modify the Enforcement Order as proposed is made by Mr. Lynch, seconded by Mr. Mabon. Vote 4-0-2 (In Favor: Mabon, Lynch, McDonough, Manzi, Recused: Napoli & Capachietti) Documents 22448 Basin closure letter, 22448SK7-basin closure, 20201209163729 Minor Modification 242-1764, 137 Andover Street & 0 Chickering Road (The Trustees of Reservations) 9:48 p.m., Mr. Napoli resumes as chairman. The Administrator provides background on the Order issued in December 2019. The applicant is seeking a minor modification to reconstruct the upper concrete section of the manhole which is outside of the 25-foot NDZ. Remove built up sediment and debris blocking the end of the culvert outlet on the Heritage Green Condominium side and install rip rap to stabilize the channel and create a positive flow. Excavate soils from the lower section of the new infiltration basin and replace it with clean crushed stone to create better infiltration. Re-establish the swale located along the rear of the Old Village residential properties going into the Buffer Zone to connect to the existing rip rap discharge point associated with the new infiltration basin. This will require some work within the 100-foot Buffer Zone. The Administrator reminds the Commission that possible work to the drainage features along Chickering Road was anticipated during the hearing and is part of the Order, and the rehabilitation of the swale was a requirement placed by the Planning Board. important to prevent flooding on abutting properties. Josh Hasenfus, The Trustees of Reservations states the swale is located on the Trustees property. The history of the swale is unknown, it predates any of the TTOR staff members. Mr. Lynch expresses concern that the swale connection will increase the flooding downstream. He believes stormwater mitigation on the TTOR site should be reconsidered. Mr. Capachietti believes using a smaller layer of stone in the infiltration basin will allow for easier long-term maintenance. He understands both positions with regard to the swale. Mr. Hasenfus states he was not part of the planning for the project but participated in a couple site walks with the Planning Director and Town Engineer to review this. He states that the Town Engineer was uncomfortable with stopping the swale midway and it was his recommendation to continue it to the new rip rap outlet. TTOR is trying to be neighborly by addressing the blockage on the condo side. He believes this more of a maintenance issue. The manhole repair was requested by the Town Engineer as well. 10:04 p.m. Mr. Manzi leaves the meeting. 2020-12-09 Conservation Commission Minutes Page 8 of 10 Approved 1/13/2021 Mr. Lynch believes the modification needs to be continued for the applicant to provide an analysis to prove that there will be no impact downstream from the swale rehab. A motion to continue to January 13, 2021 is made by Mr. McDonough, seconded by Mr. Lynch. Vote 5-0, Unanimous. Documents Drainage Modification Request_SCP 242-1721, 562 Boxford Street (Heider) The Administrator provides background on the Order issued in May 2018. The applicant is seeking a minor modification to install underground cable for power. The approved plan was silent regarding this particular utility. The homeowners are concerned about overhead wires conflicting with trees along the street. All work is outside the 50-foot NDZ to vernal pool, no waiver is required. The Administrator recommends approving the modification with erosion controls to be installed prior to work and proper stabilization after backfilling. A motion to approve the modification as recommended is made by Mr. Mabon, seconded by Mr. Lynch. Vote 5-0, Unanimous. Documents Proposed electrical trench_562 BOXFORD NOI PLAN SHEET 1 REV 5-18-18, Request for minor modification 562 Boxford st 242-1724, 21 High Street, East Mill (RCG, LLC) The Administrator provides background on the Order issued in January 2018. The construction for the project has yet to commence. The applicant has proceeded with addressing the proposed drainage that comes off of Walker Road, flooding the open field area in front of the pond. During recent large storm events they have experienced issues with the terminal manhole cover popping off due to back up of water. They have discovered that the existing pipe is collapsed in the middle. They are seeking to decommission the collapsed pipe and install a new pipe from the manhole as depicted on the plan allowing them to avoid the root system of a large willow tree. A site visit was conducted, per the Field Inspector this portion of the bank is approximately 95% invasive species. The Administrator believes this could allow an opportunity to manage invasive plants. Mr. Mabon would like to know if they have investigated the remainder of the drainage system and if they have considered a treatment of the water before it is discharged into the pond. Phil Henry, Civil Design Group reviews the proposed plans with the Commission. A video inspection was performed, and the newly installed portion is functioning. The existing drain line is pitched away from the pond causing the surcharge. There is no area to daylight without extensive earthwork within the Resource Area. Mr. L allowing the water to flow better. Mr. Henry states the idea was to achieve the shortest distance while removing some invasive species. Due to the location of the willow tree there is no feasible alternative location. They propose to close off two discharge points in the process. Mr. Lynch would like to know if rip rap should be proposed to slow down the velocity to prevent erosion. Mr. Henry states they are not opposed to adding a rip rap swale. Mr. Capachietti states he is in support of a rip rap swale if it is warranted. The Commission agrees the applicant needs to revise the plan, looking at the velocity and outfall. A motion to continue to January 13, 2021 is made by Mr. Lynch, seconded by Mr. Mabon. Vote 5-0, Unanimous. Documents East Mill Pics 12-07-20, Civil Design Group - Proposed revision narative, ConCom, DEP #242-1724, East Mill Rear Building Grading Plan_07-29-20 General/New/Old Business 2020-12-09 Conservation Commission Minutes Page 9 of 10 Approved 1/13/2021 Royal Crest Estates - Proposed Master Redevelopment Plan (Trinity Financial) Mr. Napoli expresses concern with the information that was provided for the presentation. Mr. Lynch states there are currently no formal applications before expectations for the NOI application. The applicant 40B or not will be expected to work with the NACC to the greatest extent practicable. Mr. Capachietti believes the 2:1 replication area proposed is generous. Mike Lozano, Trinity Financial Group presents the Proposed Master Redevelopment Plan for Royal Crest Estates. A new public town green adjacent to Merrimack College comprising 2 acres is proposed. The buffer from the proposed buildings to the property line is projected to be 14 acres with a wooded buffer containing the existing wetland. Mary Rimmer, Rimmer Environmental states the plans provided in the presentation are the ORAD plan issued in 2019. All of the State wetlands are located along the perimeter of the site primarily along the northern edge property line. The smaller isolated pockets of locally jurisdictional wetlands are mostly ponding areas with hydric soils. Mr. Lozano states they are proposing a 40B component to a portion of the site. The proposal enables the town to exceed its 10% affordable housing threshold requirement under 40B. Mitigation will be proposed due to the impacts of the isolated wetlands. Chris Lovett, civil engineer with VHB for the project states development of the 40B area will require the filling of three of the locally regulated wetlands. These areas will have a replication of 2:1, part of this is proposed to be used as stormwater design to address the volume issues on the site. They propose to address as much volume as they can to help address issues in the past. A full soil investigation will be completed. Mr. Napoli requests that copies of the stormwater plans with elevations are provided to the NACC subcommittee as soon as they are available to streamline the process. Mr. Lynch states they will review the materials, but the subcommittee will not meet/discuss the project until an NOI has been formally filed. Mr. Capachietti requests the proposed plan to be color coded as he feels this is a good comparison to help put the project into perspective. Mr. Lovett states the design intent is to pull the development out of the 25-foot NDZ and 50-foot NBZ. The Commission thanks the project team for its presentation and project team members thank the Commission for its time and feedback. Documents DRAFT_Wetlands and Stormwater Pres 12.4.20 Designate Conservation Commission Representative to CPC Mr. Napoli states they are seeking to designate a Conservation Commission representative to sit on the Community Preservation Commission. A motion to nominate Commissioner Mabon to sit on the CPC is made by Mr. Lynch. Mr. Mabon accepts the nomination. The motion is seconded by Mr. Napoli. Vote 4-0, Unanimous, Abstained: Capachietti Decision 242-1780, 1230 Salem Street (Grasso) The Administrator reviews the drafted Amended Order of Conditions. The Commission discusses condition #53 requiring a site-specific final design be submitted for review before the Administrator signs off on the pool and the retaining wall. Pool water drawdown management is required over grassy areas and not directly to the wetlands. A motion to approve the Amended Order of Conditions as proposed is made by Mr. Mabon, seconded by Mr. Lynch. Vote 5-0, Unanimous. Signature Authorization - Permits Issued at the 12/09/2020 Meeting 2020-12-09 Conservation Commission Minutes Page 10 of 10 Approved 1/13/2021 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; Small Project Permit for 190 Academy Road. Certificate of Compliance for 1087 & 1099 Salem Street. Amended Order of Conditions for 1230 Salem Street. Enforcement Order for 1210 Osgood Street and Minor Modification for 562 Boxford Street. A motion to allow the Administrator to sign the permits as proposed is made by Mr. Lynch seconded by Mr. Mabon. Vote 5-0, Unanimous. Adjournment A motion to adjourn at 11:18 p.m. is made by Mr. Lynch, seconded by Mr. Mabon. Vote 5-0 Unanimous. 2020-12-09 Conservation Commission Minutes