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HomeMy WebLinkAbout2022-02-09 Conservation Commission Minutes Page 1 of 4 Approved 0212312022 North Andover Conservation Commission Meeting Minutes February 9,2022 Members Present: Sean F. McDonough, Albert P. Manzi,Jr.,Vice Chairman, John T. Mabon and Joseph W. Lynch Members Absent: Anthony Capachietti and Louis A.Napoli, Chairman Staff Members Present: Amy Maxner, Conservation Administrator and Taylor Andrews,Field Inspector (remote) Meeting came to Order at. 7:04 p.m. Quorum Present. Pledge of Allegiance Pursuant to Chapter 20 of the Acts of 2021, this meeting of the North Andover Conservation Commission will be conducted in person and via remote means, in accordance with applicable law. 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, in person attendance of applicants, their representatives, members of the public and Commission members will be permitted Members of the public who wish to watch the meeting live may do so on their televisions by tuning to Comcast Channel 8 or Vernon Channel 26 or online at www.northandovercam.org. 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 record of proceedings as soon as possible after the meeting. If the public would like to participate in public hearings, but not attend the meeting in-person, please email your question/comment prior to or during the meeting to amaxner northandoverma. �ov_. The question/comment will be read during the proceedings and responded to accordingly. Acceptance of Minutes • Mr. Mabon states that he reviewed the minutes and recommends amendments. • A motion to accept the minutes of January 26, 2022, as drafted and amended is made by Mr. Mabon, seconded by Mr. Lynch. • Vote 4-0,Unanimous. Notice of Intent(NOI) 242-1822,45 Cotuit Street(Seaport Homes LLC) • The Administrator states a continuance has been requested. • A motion to continue to March 9,2022, is made by Mr. McDonough, seconded by Mr. Mabon. • Vote 4-0,Unanimous. Documents Email from boas oad Bran cg r eng.com requesting a continuance until 3/9/22 242-1787, 135 North Ramp Road (DeRosa) • The Administrator states a continuance has been requested. • A motion to continue to February 23, 2022,is made by Mr. Mabon, seconded by Mr. Lynch. • Vote 4-0,Unanimous. Documents Email from m_millcr( lawrcnccmunici�alair ort.cam requesting a continuance until 2123122 Request for Determination of Applicability 492 Sutton Street(Lawrence Municipal Airport Commission) 2022-02-09 Conservation Commission Minutes Page 2 of 4 Approved 0212312022 • Randy Christensen, Stantec presents the taxiway shift project on behalf of the Applicant. The purpose of the project is to correct the airport's geometric deficiencies with taxiway"D"while removing aging pavement. He notes that a vast majority of this project is outside wetland buffer zones. Taxiway "D"will be removed and returned to turf, this will result in a 22,400-sq.ft. net deduction of impervious surface. Taxiway"D"will be replaced by a modified true parallel taxiway"C". Taxiway"F"will be repaved to create a stub runway; this work will be approximately 75-feet from the BVW at its closest point. New LED runway edge/taxiway lights will be installed to accommodate the shift in the pavement footprints; erosion controls have been set back to allow for the installation. The on-site drainage system will be protected with perimeter erosion controls. Updates to the drainage system are proposed, catch basins will be replaced with compliant deep sump catch basins with inverted funnels. Less than 3%of the project is within the Buffer Zone. A full-time resident inspector will be on-site during the project. The contractor has yet to be selected,the project is anticipated to start in May 2023 due to supply chain issues. • Mike Miller, Lawrence Municipal Airport is present for questions. • The Administrator states she walked the wetland line with the Consultant and found it to be accurate. She has no issues with the work proposed and recommends issuing a Negative Determination#3 with conditions requiring a pre-construction meeting to observe installed erosion controls, stockpile areas to be located outside the Buffer Zone and a post-construction site inspection. • A motion to issue Negative Determination#3 with conditions as recommended is made by Mr. Lynch, seconded by Mr. McDonough. • Vote 4-0,Unanimous. Documents RDA LWMTWC combined 20220120 19 Ferncroft Circle(Flynn) • The Administrator states the project consists of tying in a broken washing machine discharge pipe to the existing sewer line. Work will be conducted while ground is still frozen to minimize disturbance. Excavation will be approximately 7-8 feet off the northwest corner of the house. A track excavator will be used for excavation, soil will be dumped directly into a truck, eliminating soil piles. The Field Inspector conducted a site inspection and conservatively confirmed the work will occur approximately 51-feet from the BVW at its closest point. • Mr. Mabon confirms the total area of disturbance is 7-feet by 6-feet, shown in orange on the plan. • The Administrator confirms this is accurate, they are requesting to tie into the existing sewer line. • Mr. Manzi questions if it is necessary to dig when there should be a soil pipe connection within the confines of the house. He would like to know if the house was always on sewer or if it was recently converted. • The Administrator states she is going by the information provided by the contractor.No one is present on behalf of the Applicant. • The Commission discusses the request and agrees additional information is required to avoid unnecessary disturbance. • A motion to continue to February 23, 2022,is made by Mr. Mabon, seconded by Mr. McDonough. • Vote 4-0,Unanimous. Documents RDA Application with Supporting Materials 0125 22 Abbreviated Notice of Resource Area Delineation 242-1824, 177 Great Pond Road(Strecker) • The Administrator provides background on the ANRAD continued from a previous meeting. A revised plan was received which removed the agricultural designation areas from the plan as requested by the NACC. • The Commission discusses the request and agrees the facts and findings will reflect that the chicken coop shown on the plan has not been approved by the NACC. An after-the-fact RDA is required at the NACC's request to relocate the chicken coop. • Maureen Herald,Norse Environmental attending remotely is available for questions. 2022-02-09 Conservation Commission Minutes Page 3 of 4 Approved 0212312022 • A motion to close and issue in 21 days is made by Mr. Lynch, seconded by Mr. McDonough. • Vote 4-0, Unanimous. Documents 01-26-2022 Meeting Materials, 09-29-2021 Meeting Materials, 11-22-2021 Meeting Materials,ANRAD Plan - 177 Great Pond Road- 1-28-22, Norse revised plan letter 1-31-22 Enforcement OrderNiolation 40 Flagship Drive(DWT Holdings,LLC) • Mr. Lynch recommends the NACC refrain from discussing conversations with counsel and any guidance obtained. • Mr. Manzi agrees they are simply validating the EO for recording purposes. • The Administrator states the property owner has been served with fines to date with notification that the NACC intends to record the Enforcement Order. A draft EO in recordable format has been prepared for the Commission's approval and signature. • Mr. Lynch believes the NACC has been reasonable allowing the process to move forward and preparing the application. He expresses concerns that the site remains in violation. • Mr. Mabon questions if the Applicant is close to filing an NOI as required in the EO. • William Linskey, DWT Holdings, LLC, attending remotely, states the draft NOI has been prepared. They are currently working to obtain a signature on the NOI from the property owner at 85 Flagship Drive. • Mr. Mabon directs the Applicant to continue to communicate with the Administrator to ensure the submission is accepted and complete. • A motion to ratify and record the Enforcement Order is made by Mr. McDonough, seconded by Mr. Mabon. • Vote 4-0,Unanimous. Documents 01-12-2022 Meeting Materials, 01-26-2022 Meeting Materials, 07-14-2021 Meeting Materials, 08-11-2021 Meeting Materials, 09-08-2021 Meeting Materials, 09-29-2021 Meeting Materials, 10-13-2021 Meeting Materials, 10-27-2021 Meeting Materials, 12-08-2021 Meeting Materials 64 Nutmeg Lane(Madsen) • The Administrator states an NOI has been received and will be on the February 23,2022, agenda. Once an OOC is in place the NACC can vote to lift the EO. Documents 09-29-2021 Meeting Materials General/New/Old Business Foster Street-Emergency Certification Heating Oil Spill Update • The Administrator states the Chairman and Vice Chairman authorized an Emergency Certification be issued for a heating oil spill. Excavation of fuel impacted soils has started. • Mr. Manzi would like to know if the truck emptied it's load or if it was running low. How far downstream did the oil travel before containment booms were installed?Did the containment boom adequately contain the oil, or did oil continue to escape downstream? • Allen Walker,LSP with Clean Harbors is present remotely on behalf of Hilton Oil. He states it is reported that 800-gal were lost,he will verify the amount. During the recovery efforts the oil continued to migrate under the bridge and into the wetland with pads/booms in place. At the time of the accident the weather and time of day made it difficult to identify the oil downstream. Impacts from the spill were noted at a later date approximately 100-yd down from the bridge as well as near Lost Pond Lane. • Mr. Lynch questions if they have gone further downstream to create a bracket of where the impacted area may be and worked their way upstream. • Mr. Walker states this is a goal of theirs however recent weather events have made it too difficult/dangerous. At the time of the spill there was no odor 75/100-yd downstream. 2022-02-09 Conservation Commission Minutes Page 4 of 4 Approved 0212312022 • The Administrator states the Emergency Certification is valid from January 27,2022,through February 26, 2022. • Mr. Mabon believes it is important they get down to virgin soil and conduct sampling as quickly as possible. • Mr. Walker states the project manager onsite reported they have recovered approximately 300/500-gal of oil since the initiation of the release. Approximately 30-yd of contaminated soil have been removed along the roadside where the release occurred. The biggest part of the recovery was initially done through pumping and skimming within the first few days. Winter weather conditions have slowed down the excavation process, efforts will continue until the soil is free from contaminants. • Mr. Manzi states he is concerned with the lag time from the initial spill to the first containment boom. He does not believe the booms were placed far enough downstream quickly enough and expresses concerns with downstream impacts. He questions whether it has been determined if the mapped and recorded vernal pools east of the spill have been impacted. He believes an NOI needs to be submitted along with quantified gallons and distance downstream. • Mr. Walker states he was unaware of the vernal pools and requests a document noting the location(s). • Megan&Jared Airman,242 Foster Street states the oil was sitting on top of the ice for days after the spill. Following the spill,they witnessed oil sheens and believed the oil was likely traveling underneath the ice beyond the containment booms. The recent melt has swollen the creek spreading the material in the original containment area. • Mr. McDonough questions if the truck tipped over on public property. • Mrs. Amuan states the truck tipped over on the public roadway and ended up at the bottom of the driveway at 216 Foster Street. This is the area which they are currently excavating soil over the past several days. She offers to provide the Commission with drone footage of the accident. She states dead animals have already been observed due to the oil spill. • The Commission discusses the Emergency Certification and agrees emergency efforts are to continue under the Emergency Certification until its expiration on February 26, 2022. The Emergency Certification should require the responsible party to submit an NOI no later than February 24, 2022, for the March 9, 2022, meeting. Cooperation of the impacted parties will be required to grant access to the lands. Town Farm which is owned by the Town of North Andover is an impacted property. • A motion to ratify the Enforcement Certification as amended is made by Mr. Lynch, seconded by Mr. McDonough. • Vote 4-0,Unanimous. Documents GIS Aerial Performance Bond Calculation Updates • The Administrator states she has no updates with respect to performance bond calculations. • A motion to continue to February 23, 2022,is made by Mr. McDonough, seconded by Mr. Lynch. • Vote 4-0,Unanimous. Decision 242-1824, 177 Great Pond Road(Strecker) • The Commission requests a note be added to the Order stating the chicken coop is not recognized under the GRAD decision and will be filed for under a separate after-the-fact RDA. • A motion to adopt the Order Resource of Area Delineation as drafted and amended is made by Mr. McDonough, seconded by Mr. Lynch. • Vote 4-0,Unanimous. Adjournment • A motion to adjourn at 8:19 p.m. is made by Mr. McDonough, seconded by Mr. Mabon. • Vote 4-0,Unanimous. 2022-02-09 Conservation Commission Minutes