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HomeMy WebLinkAbout2021-04-28 Conservation Commission Minutes Page 1 of 8 Approved 5/26/2021 North Andover Conservation Commission Meeting Minutes April 28, 2021 Members Present: Louis A. Napoli, Chairman (in-person/present), John T. Mabon (remote present), Joseph W. Lynch (in-person/present), Albert P. Manzi, Jr., Vice Chairman (in-person/present), Sean F. McDonough (in- person/present) and Anthony Capachietti (in-person/present) Members Absent: Staff Members Present: Amy Maxner, Conservation Administrator (in-person/present) and Taylor Andrews, Field Inspector (in-person/present) Meeting came to Order at: 7:06 p.m. Quorum Present. Pledge of Allegiance Acceptance of Minutes The minutes for the April 14, 2021 meeting are not ready for review. General/New/Old Business 242-1716, Request for Extension, 146 Main Street (Stone Mill Realty Trust) The Administrator provides background on the Order issued in August 2017. The applicant is working on finalizing agreements with landowners. The applicant is seeking a 1-year final extension. A motion to grant a 1-year extension is made by Mr. Manzi, seconded by Mr. McDonough. Vote 5-0, Unanimous. Documents 242-1716 OCC, Order of Conditions extension 2021, Plan Sheets 1&2 General/New/Old Business Warrant Article Discussion & Recommendation Stevens Estate Open Space Transfer The Administrator states the Town is in negotiations with an entity to manage the Stevens Estate for functions. The Town is proposing to transfer 137-acres of the property to the care and custody of the Conservation Commission. The Commission has been asked to consider the request and vote a favorable action at Town Meeting. The Town is negotiating responsibilities assigned to the function entity to provide a level of trail maintenance. The Administrator has provided recommendations to the Town Manager to consider including trail maintenance in the agreement. The Commission discusses the Stevens Estate management and protection and previous warrant articles. A motion to recommend favorable action on the Warrant Article to transfer 137-acres of the Stevens Estate to the care and custody of the Conservation Commission is made by Mr. Manzi, seconded by Mr. Lynch. Vote 5-0, Unanimous. Documents Article 9 Certificate of Compliance 242-1776, 805 Forest Street (Benayoud) The Administrator states the applicant has requested to withdraw the request for Certificate of Compliance. The applicant intends to move the fence; however, the fence company is booked and will be unable to move it for a while. They will reapply for the COC once the fence has been moved. The Commission discusses the request and agrees to accept the withdrawal. A motion to accept the withdrawal is made by Mr. McDonough, seconded by Mr. Manzi. Vote 5-0, Unanimous. 2021-04-28 Conservation Commission Minutes Page 2 of 8 Approved 5/26/2021 Documents 03-24-2021 Meeting Materials, 04-14-2021 Meeting Materials, Town of North Andover Mail - 805 Forest Street - No.Andover - DEP File No. 242-1776 Certificate of Compliance 242-1739, Partial COC Request, Rea Street Subdivision, Lots 1 & 2 (RDM Rea St LLC) The Administrator states the Order was issued in December of 2018. The Order governs the construction of a cul-de-sac subdivision roadway with utilities and stormwater management facilities to service 7 new single- family homes. The request is to release Lots 1 and 2 from the Order. All work was maintained outside of he established erosion control line as established at the beginning of the project. The Order required that the existing detention basin servicing North Cross Road was to be cleaned and maintained. The project engineer and builder reported that prior to construction the basin was maintained, and growing vegetation was removed. The Administrator provides a photo of the basin taken today, and reports that it is clear of woody vegetation. The Administrator recommends issuing partial Certificates of Compliance to release Lots 1 and 2 from the Order, with on-going conditions as prescribed in the OOC. Mr. Lynch would like to know if a previous request for swimming pools was for either of these lots. The Administrator states the requests were for 385 (Lot 2) & 399 Rea Street, the swimming pool construction activity is outside of jurisdiction. The project engineer confirmed that the pool and associated patios did not negatively impact the drainage system. Mr. Napoli strongly recommends ensuring that the detention basin is functioning properly before any of the other lots apply for a PCOC. He is in favor of issuing the PCOC for Lots 1 & 2. A motion to issue a Partial Certificate of Compliance is made by Mr. McDonough, seconded by Mr. Lynch. Vote 5-0, Unanimous. Documents 3-10-21 Request for COC_, 2021-02-11 Rea Street As built Lots 1-4, 20210427_104113, Con Com COC Request Lots 1 and 2 Rea Street Request for Determination of Applicability 415 Boxford Street (Young) The applicant requested a continuance via email. A motion to continue to May 26, 2021 is made by Mr. McDonough, seconded by Mr. Manzi. Vote 5-0, Unanimous. Documents Email from reginajyoung@hotmail.com requesting a continuance until 5/26/21 Request for Determination of Applicability 97 Commerce Way (Verizon New England, Inc.) The Administrator states the applicant is proposing to install a new telecommunication utility (590-feet of 1.25-inch diameter PVC piping) within a 2-ft wide by 4-ft deep trench within the ROW of Commerce Way, connecting from an existing utility pole to the building. Since this is a new telecommunication utility, it does not qualify for an exemption. The piping will be installed in the grassy shoulder at the edge of the paved roadway. A majority of the proposed trenching is proposed within the 100-foot Buffer Zone with one section within the 25-foot NDZ. Based on GIS the 25-foot NDZ cannot be avoided, the chosen shoulder side is the furthest from the wetland. Erosion controls have been proposed between areas of disturbance and the Buffer Zone. Mr. McDonough would like to know if there is a buffer between the trench and the wetland and if there are any feasible alternatives. He questions if a waiver can be given on an RDA. The Administrator states the trench is proposed on the side of the road furthest from the wetland. The purpose of the project is to improve telecommunication to the Lawrence Jet Center building. The Administrator reviews the proposed plan with the Commission. 2021-04-28 Conservation Commission Minutes Page 3 of 8 Approved 5/26/2021 Mr. Lynch agrees the proposal requires a waiver; it does not qualify for an exemption. Mr. Manzi would like to know how the Lawrence Jet Center currently receives communications. Joe Callahan, ES&M states there is a utility pole that stops where they are proposing to install the new underground line to the Lawrence Jet Center. The piping will be installed at the edge of the paved roadway outside of the wetland. The Commission discusses the proposal and agrees the work will result in a temporary disturbance. Mr. Lynch requests a second conduit be placed as a spare to prevent future disturbance. Mr. Callahan states the applicant would be amenable to the request. A motion to issue a Negative Determination #3 with conditions (erosion controls, pre and post-construction inspections, soils removed from site and spare conduit) as recommended and discussed is made by Mr. Lynch, seconded by Mr. Manzi. Vote 5-0, Unanimous. Documents combined abutters receipts, Commerce Way 97 - Legal Notice 04 21 21 - Public Notice, Commerce Way 97 - Legal Notice 04 21 21 - Tribune, NACC RDA Application Combined_04072021, Notice of Extension_04152021 Notice of Intent (NOI) 242-1800, 158 Forest Street (Triano) The applicant requested a continuance via email. A motion to continue to May 12, 2021 is made by Mr. McDonough, seconded by Mr. Lynch. Vote 5-0, Unanimous. Documents Email from dcowell@hancockassociates.com requesting a continuance until 5/12/21 Notice of Intent (NOI) 242-1808, Beechwood Drive (Map 34, Lot 50) (The Stubblebine Company) The Administrator states minor plan revisions requested by the Commission have been received. She reviews the allowable snow stockpiling and prohibited areas with the NACC. The dewatering area has been noted on the plan. The Commission discusses the plan revisions. A motion to close and issue in 21 days is made by Mr. McDonough, seconded by Mr. Lynch. Vote 5-0, Unanimous. Documents 03-10-2021 Meeting Materials, 04-14-2021 Meeting Materials, 31968-00 Details-Details.pdfC-9, 31968-00 Site Plans-SITE LAYOUT PLAN, 31968-00 Site Plans-SWMP, 31968.00 Site Plans_rev04 Notice of Intent (NOI) 242-1810, Osgood Pond Dam (Sutton Pond Condominium Trust) Mr. Napoli states the Commission agreed to a Third-Party Peer Review to evaluate "Phase 0" of the project at the last meeting. The Administrator has suggested several firms to obtain quotes. The Chairman does not believe any work should be performed until recommendations have been received from the peer review. The Administrator states she has drafted a scope of work for the Commissions review. A copy of the scope of work has also been provided to the applicant. Mr. Lynch states he has worked with all of the firms listed; the engineers listed are competent in working with dam issues. The Administrator confirms with the Commission that the scope of work should include the review of the NOI and pertinent documents that were submitted with the filing. Mr. Lynch states the ODS have evaluation records that will need to be reviewed as well. He would like to know who will be responsible for overseeing the review. 2021-04-28 Conservation Commission Minutes Page 4 of 8 Approved 5/26/2021 The Administrator states that the Conservation Department will take the administrative lead on the review and seek assistance from the Town Engineer. The Commission discusses the project and agrees with the Chairman that no cutting will be permitted until recommendations have been received from the Third-Party Peer Review and an OOC is issued. The peer reviewer will perform a cursory review of all future sequences and phases to ensure that they are proposed in the right order. A motion to continue to May 26, 2021 is made by Mr. McDonough, seconded by Mr. Manzi. Vote 5-0, Unanimous. Documents 04-14-2021 Meeting Materials, J. Borgesi - Peer Review Consultant Recommendations, Ogsood Dam Peer Review Draft Scope Modification 242-1755, 415 Rea Street, Lot 4 (LRC Builders) The Administrator states the proposal is for an after-the-fact Modification for a rear deck and stairs built by the builder. The deck was not shown on the approved plan. The deck is outside of the 50-foot NBZ and likely would have been approved, not requiring any waivers. All permitting fees have been paid. Mr. Capachietti would like to know if the area under the deck is pervious. The Administrator states the area underneath the deck is pervious. A motion to approve the Modification as proposed is made by Mr. McDonough, seconded by Mr. Manzi. Vote 5-0, Unanimous. Documents As-Built showing Deck built by builder Modification 242-1755, 415 Rea Street, Lot 4 (Orlansky) The Administrator states the homeowner is seeking an after-the-fact Modification for an area of crushed stone placed at the corner of the house. They have also requested approval for the installation of a pervious paver patio, fireplace and driveway expansion over this gravel area. The patio is proposed to be installed over the crushed stone with a small fireplace on top and minor grading for transition into the lawn area. The driveway expansion will consist of installing porous pavers along the edge of the driveway. All work is outside the 50- foot NBZ. Mr. Lynch questions if the modifications will compromise the stormwater analysis. The Administrator states she does not believe the modifications requested will compromise the stormwater analysis as all proposed surfaces are pervious. A motion to approve the Modification as proposed is made by Mr. Manzi, seconded by Mr. McDonough. Vote 5-0, Unanimous. Documents As-Built showing Deck built by builder, After-the-fact Modification, Rea Street - Lot 4 Revised 04 22 21 Enforcement Order/Violation 350 Winthrop Avenue (Delta MB, LLC) The Administrator states all exposed turf areas have been hydroseeded with a turf seed and non-toxic biodegradable bonded wood fiber was sprayed over for erosion control. The sloped areas closest to the BVW have been seeded with a native wetland seed mix and blanketed with biodegradable erosion control blanket. Erosion controls are in place and secure. The site conditions were verified by the Field Inspector today. An updated snow storage plan was received. The new snow stockpiling areas depicted on the plan have been designated in the northwest corner and easterly side of the property. The easterly side is outside of the 100- foot Buffer Zone, westerly location is mostly outside 100-foot Buffer Zone as previously approved under the recent OOC for work on the stream. Approximately sixteen (16) new "No Salt/ No Snow Stockpiling" signs have been added roughly every 75-feet at the northwest and northeast corners of the property. Seventeen (17) 2021-04-28 Conservation Commission Minutes Page 5 of 8 Approved 5/26/2021 3,000-pound boulders are proposed to be placed along the 100-foot Buffer Zone at the northwest corner of the property. Overflow snow stockpiling locations have also been depicted on the plan in several locations. Mr. Lynch confirms the Commission requested a fence as well as the boulders. He expresses concern that the plan provided is not a stamped engineered plan. If the drawing provided is intended to update the record plan it must be stamped and entered into the record. He expresses concerns that the proposal is a modification/amendment to the open Order. The Administrator states that a chain link fence was proposed. After consulting with the Chairman, they recommend the chain link fence be extended further than what has been shown on the plan. The Commission discusses if the EO requires a stamped engineered plan. The Administrator questions if the Commission likes the location of the proposed boulders. The Commission discusses the boulders. Normand Martin, Delta MB, LLC states the plan submitted is a proposal for consideration by the NACC. Changes can be made to the plan as requested and stamped by an engineer. The swale has not been built; they are currently getting pricing on the work. The Commission discusses the proposal and agrees the fence must be extended southerly towards the existing swale (Rt. 114) and boulders placed 10-feet off the fence. They require the applicant to come back before the NACC with a stamped plan with the changes discussed under a modification request before the swale is built. A motion to ratify the Enforcement Order as discussed is made by Mr. McDonough, seconded by Mr. Lynch. Vote 5-0, Unanimous. Documents 3-24-2021 Meeting Materials, MB Materials, 2021-04-08 North Andover MA 12 Snow Stockpile Plan, 20210428_135333.jpg, 20210428_135406.jpg Notice of Intent (NOI) 242-1787, 135 North Ramp Road (DeRosa) 8:28 p.m., Mr. Mabon joins the meeting remotely. Mr. Napoli recuses from the discussion due to a conflict of interest, and Mr. Manzi steps in as Chair. The Administrator states that the subcommittee met a couple weeks ago and prepared specifications for the The Administrator believes that before naming contaminants to test for they should be aware fill material. Mr. Lynch states the subcommittee is requesting borings, gradation in the description of the samples and retention of the samples. If they meet refusal at an elevation higher than the original ground elevation the boring will need to be abandoned, shifted within 5-feet of that location and advanced down to parent material in that location. The Commission agrees the goal is to reach parent material, if not they will deal with it when they come upon it. They request the verbiage regarding refusal be added to the proposal. Mr. Mabon would like a water quality monitoring well considered at the bottom of the slope. This would allow them to see the results of any possible water contamination and to take immediate action. Mr. Lynch agrees this was part of the discussion at the subcommittee meeting. He suggests a monitoring well be installed near boring 1 or 2 as this is downgradient from the proposed infiltration. Mr. Manzi proposes they use Mike Sabulis, GEI Consultants as a Third-Party Peer Reviewer. The Commission discusses the proposal and agrees to engage GEI Consultants. The Commission discusses whether or not these efforts will require an escrow account to be established. A motion is made to establish an escrow account in the amount of $5,000.00 is made by Mr. Lynch, seconded by Mr. McDonough. Vote 4-1-1 (In Favor: Mabon, Lynch, McDonough, Manzi, Abstained: Capachietti, Recused: Napoli). The applicant declines comment. Mike Miller, Lawrence Municipal Airport states once he receives the updated specifications, he will prepare a scope of work to acquire three quotes for the project. The proposed construction operation is required to be 2021-04-28 Conservation Commission Minutes Page 6 of 8 Approved 5/26/2021 filed by the Airport with the FAA, 45 days in advance. He does not anticipate any objections to the work and should have a response at the end of May or early June. A motion to continue to May 26, 2021 is made by Mr. McDonough, seconded by Mr. Lynch. Vote 4-1-1 (In Favor: Mabon, Lynch, McDonough, Manzi, Abstained: Capachietti, Recused: Napoli). Documents 01-27-2021 Meeting Materials, 06-10-2020 Meeting Materials, 12-09-2020 Meeting Materials, NACC Boring Specification Memo Final, North Ramp - NACC Boring Locations Modification 242-1692, 1210 Osgood Street (Residential) (Princeton Development, LLC) Mr. Napoli recuses from the discussion due to a conflict of interest, and Mr. Manzi steps in as Chair. The Administrator states the applicant has requested to relieve Williams & Sparages of their weekly monitoring of the residential side of the project and assign that duty to Paul McManus, EchoTech. Mr. McManus is monitoring the wetlands for growth, enhancement plantings, pH levels and watching for new seeps. His reports have been favorable on all fronts for quite some time. Monitoring is currently being done 2x a month. The applicant would like for Mr. McManus to add erosion control monitoring to his duties during his bi-monthly visits. They have also asked to eliminate extra moni The stormwater system is fully functional. The Administrator states a site inspection was conducted this week with Greg Hochmuth, Williams & Sparages, our Field Inspector, and Matt Tryder, NRP and found conditions to be stable and well vegetated. Most of the erosion controls have been removed, under approval by the Commission. A section of silt fence will remain in place at the base of the steep slope behind the clubhouse to allow for a few bare spots to grow. A memorandum from Greg Hochmuth, Williams & Sparages has been provided in support of the proposal. The Administrator recommends the Commission approve the request for a change in monitoring and frequency to 2x a month. The Administrator questions if the Commission would like large rain events to continue being monitored. She states that the system has been holding up well with Mr. Manzi would like to know if there has been any change to the pH levels. The Administrator states there has been no change to the pH levels. The system is working however it pH levels are not yet naturally abating. Mr. Manzi expresses concerns with the high pH levels and confirms that any action taken with this request will not lessen or diminish the effort they have taken thus far. Mr. Mabon agrees with Commissioner Manzi that they must ensure that the water exiting the treatment system is acceptable. He is in favor of the request as long as the Administrator and Wetland Monitor agree it is advisable The Commission discusses the proposal and agrees to the request for a change in monitoring and frequency to baseline standard. Mr. Manzi questions if the Lawrence Municipal Airport is aware of what is happening with the site. He suggests the Administrator send copies of updated documents and reports as a courtesy. The Administrator states the Lawrence Municipal Airport is aware of what is happening in general. She does not reach out to them on a regular basis. A motion to approve the Modification as proposed is made by Mr. McDonough, seconded by Mr. Lynch. Vote 5-1 (In Favor: Mabon, Lynch, McDonough, Manzi, Capachietti, Recused: Napoli). Documents 1210 Osgood Street - Environmental Monitoring Memo, PPMI_20210415_091021 Amendment 242-1692, 1210 Osgood Street (Princeton Development & Forgetta Development) The Administrator provides background on the Amendment and the documentation she is preparing. GEI Consultants is assisting in reviewing all documentation. She states they are not currently ready to act on the Amendment tonight. 2021-04-28 Conservation Commission Minutes Page 7 of 8 Approved 5/26/2021 Mr. Manzi requests all documentation be provided to the NACC for review. The Commission discusses the Amendment and agrees to continue. A motion to continue to May 26, 2021 is made by Mr. McDonough, seconded by Mr. Lynch. Vote 4-1-1 (In Favor: Mabon, Lynch, McDonough, Manzi, Abstained: Capachietti, Recused: Napoli). Documents 2-19-2020 Meeting Material - Commercial Site (1274 Osgood Street), 2-19-2020 Meeting Material - Residential Site (1254 Osgood Street), 3-11-2020 Meeting Material, Notification to Abutters - Amendment to 242-1692 OOC 04-28-21 Mtg Enforcement Order/Violation 268 Raleigh Tavern Lane (Atallah) 9:04 p.m., Mr. Napoli resumes as chairman. The Administrator states a DOA issued in November 2019 for the expansion of a deck just outside of the 50- foot NBZ. The Enforcement Order is for the unauthorized construction of an impervious patio and stone/concrete fireplace structure just within the 50-foot NBZ. The patio/fireplace structure was not in the approved deck expansion plan. The patio is approximately 48-feet from the edge of the wetland. Some disturbance was expected between the deck and erosion controls requiring some loaming and seeding once work was completed. The erosion controls were removed, and the remainder of the lawn was stripped down to the fence at the edge of the wetland with the intent to loam and seed. The Conservation Department visited the site and ordered all work to be stopped. In coordination with the Chairman they agreed that they would be allowed to lay sod. The sod was laid quickly and conditions on site are stable. The Administrator states when the original RDA was submitted it included a patio that was removed in order to get through the permitting process. She would like direction from the Commission on how they would like to proceed. Mr. Lynch states that complying with the 50-foot NBZ removes the waiver request allowing for an after-the- fact RDA. Other violations in the EO must be completed within a certain period of time. The Administrator states the project needs to meet the guidelines for filing an RDA, showing compliance with the 50-foot NBZ. Jonathan Grasso, Grasso Construction Co., Inc. the contractor for the deck is present. He states he was not responsible for the masonry work. The original plan included a patio off of the deck, but it was removed for the RDA. He provides background on the deck constructed in the spring of 2020. Per measurements he believes the fireplace is 1-foot 4-inches beyond the 50-foot NBZ. The landscaper hired to restore the disturbed areas within the 25-foot NDZ recommended replacing the entire lawn. Mr. Grasso states the homeowner was unaware he needed approval to replace the lawn. The Commission discusses the Enforcement Order and agrees that the patio must comply with the 50-foot NBZ. A surveyed plan must be completed to determine whether the patio is in compliance or not. An after- the-fact filing is required once the project complies. The Administrator recommends the Commission issue a formal Enforcement Order requiring an as-built plan and to bring the project into compliance. Mr. Grasso states that he understands what the Commission has requested. A motion to ratify the Enforcement Order as recommended and discussed is made by Mr. Manzi, seconded by Mr. McDonough. Vote 5-0, Unanimous. A motion to continue to May 26, 2021 is made by Mr. Manzi, seconded by Mr. McDonough. Vote 5-0, Unanimous. Documents 268 Raleigh Approved Plan dated 10-14-19, Raleigh Tavern 268 Violation Letter, Sod Installation 268 RaleighTavern Decision 242-1807, 108 Rosemont Drive (Shetty) The Administrator reviews the drafted Order of Conditions. 2021-04-28 Conservation Commission Minutes Page 8 of 8 Approved 5/26/2021 The Commission discusses Condition #46 which requires the protection of the catch basins. Condition #43 requires the use of silt socks vs. hay bales with a silt fence as depicted in the plan. Mr. Capachietti directs the Administrator to ensure the applicant is aware of this requirement during the pre construction meeting. The language for Condition #56 is discussed. A motion to adopt the Order of Conditions as drafted is made by Mr. McDonough, seconded by Mr. Lynch. Vote 4-0, Unanimous. Decision 242-1808, Beechwood Drive (Map 34, Lot 50) (The Stubblebine Company) The Administrator reviews the drafted Order of Conditions, site plan information will be added to the Order. The Commission discusses erosion controls required onsite in case of an emergency. The bond will be set in the amount of $15,000.00. Condition #62 will be updated requiring all BMPs to be onsite at preconstruction. Condition #72 requires no snow stockpiling signage to be installed prior to the first winter season, even if during construction. A motion to adopt the Order of Conditions as drafted and amended is made by Mr. McDonough, seconded by Mr. Manzi. Vote 5-0, Unanimous. Signature Authorization 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; o Extension Request for 146 Main Street. Partial Certificate of Compliance for Rea Street Subdivision - Lots 1 & 2. Request for Determination of Applicability for 97 Commerce Way. Modifications for 415 Rea Street - Lot 4 and 1210 Osgood Street. Enforcement Order for 250 Winthrop Avenue and 268 Raleigh Tavern Lane. Decisions for 108 Rosemont Drive and Beechwood Drive. o A motion to allow the Administrator to sign the permits as proposed is made by Mr. Lynch, seconded by Mr. McDonough. Vote 5-0, Unanimous. Adjournment A motion to adjourn at 9:38 p.m. is made by Mr. Manzi, seconded by Mr. McDonough. Vote 5-0 Unanimous. 2021-04-28 Conservation Commission Minutes