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HomeMy WebLinkAbout2022-02-23 Conservation Commission Minutes Page 1 of 7 Approved 0310912022 North Andover Conservation Commission Meeting Minutes February 23,2022 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. 7:00 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 • A motion to accept the minutes of February 9, 2022, is made by Mr. Mabon, seconded by Mr. Lynch. • Vote 4-0,Unanimous. Notice of Intent(NOI) 242-1787, 135 North Ramp Road(DeRosa) • The Administrator states that according to GEI's review,the scope of work was conducted in accordance with the Commission's specifications. The groundwater sampling and testing was sufficient to assess the presence of Oil and Hazardous Material(OHM). Soil data did not indicate the presence of any OHM that exceeded MCP (Massachusetts Contingency Plan)reportable concentrations. Monitoring well reports showed all samples were below reportable but one. The elevated sample had a lead concentration of 13-ug/l (reportable limit is 10-ug/1). The report stated the source of lead is unknown, there is no information to suggest the source of lead in the groundwater is on the subject property. • Mike Miller, Lawrence Municipal Airport states due to the findings a second round of testing was conducted in January,lead was not above reportable limits. A third round of testing will be conducted in April as a quality control measure. • 7:10 p.m., North Andover CAM experiences technical difficulties with the audio. • Mr. Lynch questions if GEI is concerned with contaminating groundwater by using glass fill as an infiltrating media for surface water/stormwater. • Mike Sabulis, GEI Consultants, attending remotely, states the concentrations detected are not at a level considered of risk by the MPC. If contamination was present,buildup would be present due to the underlying less permeable soil underneath the more permeable soils. He recommends additional sampling as proposed by 2022-02-23 Conservation Commission Minutes Page 2 of 7 Approved 0310912022 Stantec. The current data shows there is no contribution from the soil and the fill material to the underlying subsurface. • Mr. Mabon states the sampling has given him faith that the glass material is not polluting the groundwater,he is happy to continue testing as recommended for additional assurance. • Mr. Sabulis states if lead is detected above reporting limits in the third round of testing further conversations will need to occur with the LSP on whether or not there is a reporting condition. • Mr. McDonough questions the constituents of the fill. • Mr. Sabulis states boring logs provided show a uniform mix of ground up glass and sandy soils. • No public comment. • A motion to continue to May 11, 2022,to allow time for additional testing and reporting,is made by Mr. Lynch, seconded by Mr. Mabon. • Vote 4-0, Unanimous. Documents 01-27-2021 Meeting Materials, 04-28-2021 Meeting Materials, 06-10-2020 Meeting Materials, 08-11-2021 Meeting Materials, 12-09-2020 Meeting Materials, GEI Data Review Comment Letter 135 N. Ramp Road 02- 22-22, Stantec Report and Tables - 135 North Ramp Road North Andover 242-1835,328 Campbell Road(Hickey) • The Administrator states the proposal is to upgrade the existing cesspool to a Title V compliant septic system. The new system will consist of a new leach field, septic tank and D-box. All work is within the 100-foot Buffer Zone to BVW, and bank of a pond located at the rear of the property. All work is outside the 50-foot NBZ, in the front of the house within the lawn,no vegetation/tree removal required. Wetland flagging was reviewed and found to be accurate. The parcel is located partially within NHESP,but all proposed work is outside of habitat zones. Construction access is proposed off the existing driveway at the front of the house. No waivers are required. The system was approved by the BOH. • Mr. Lynch confirms a tight tank will be used during construction. • No public comment. • A motion to close and issue in 21 days is made by Mr. Lynch, seconded by Mr. McDonough. • Vote 4-0,Unanimous. Documents 328 Campbell Road 01-06-22 Photos, 328 Campbell Road Septic Plans 08 24 2021= NOI Application with Supporting Materials 0124 22 242-1836, 64 Nutmeg Lane(Madsen) • The Administrator provides background on the Cease and Desist for unauthorized clearing of woody vegetation within the Buffer Zone. The Applicant is proposing grading and loaming the cut areas to create expanded lawn. Perimeter fencing is just outside the 25-foot NDZ,with wetland markers at the 25-foot NDZ. A rear paver patio with a fire pit, spa and outdoor kitchen(proposed patio is just outside the 50-foot NBZ). A deck expansion and small addition at the rear of the house, outside 50-foot NBZ. A larger addition off the western side of the house which is approximately 50-feet, 5-inches from the BVW. As well as front paver walkways located outside of 50-foot NBZ. The wetland line was confirmed and found it to be accurate,no flag changes required. The existing stone wall has been noted on the plan. • Mr. Lynch questions if restoration was necessary due to the Violation. • The Administrator states some restoration of the 25-foot NDZ may be required. • Greg Hochmuth, Williams & Sparages LLC, attending remotely states most of the clearing took place outside of the 25-foot NDZ with the exception of 1-2 feet along the edge of woods. The tree stumps and seed banks are still in place,no loam was brought in, and nothing was scarified. He expects the NDZ area to grow back on its own without further activity. Wetland makers need to be moved slightly so they are on the NDZ. The lawn expansion allows for a 2:1 and placement of a fence(faux aluminum wrought iron or stockade) along the 25-foot NDZ. Posts with markers will also be installed and visible once the fence is installed. Approximately 1,750-sq. ft was cleared beyond the prior approved historic limit of work when the 2022-02-23 Conservation Commission Minutes Page 3 of 7 Approved 0310912022 subdivision was constructed, and almost all of the clearing was outside of the 25-foot NDZ. All the proposed activities meet the setback requirements. Construction access and stockpile locations are depicted on the plan. If the project is phased additional pre-construction meetings could be required, and new erosion controls required. • Mr. Mabon states due to the tight setbacks to the 50-foot NBZ, a pre-construction meeting is very important. Wetland markers need to be visible after construction. • Mr. Hochmuth states if a solid fence is installed the markers can be placed on the fence. • The Administrator states the proposed location of the patio and larger addition are at the 50-foot NBZ,there is no wiggle room. She stresses that wetlands change,the current line is only good for 5-years. If the work is not undertaken under this Order,it is possible the wetlands could change, and the current layout may not be approvable in the future. • Mr. Hochmuth confirms this is understood. • No public comment. • A motion to close and issue in 21 days is made by Mr. McDonough, seconded by Mr. Lynch. • Vote 4-0,Unanimous. Documents 64 Nutmeg Lane-Notice ofIntent Rl, 64 Nutmeg Lane-Revised NOI Plan, Application Checklist-Notice of Intent Rev 07 20 21 242-1837, 1260 Salem Street(Czerepak) • The Administrator states a continuance has been requested. • A motion to continue to March 9,2022, is made by Mr. McDonough, seconded by Mr. Lynch. • Vote 4-0,Unanimous. Documents Email from jacksuI153, comcast.net requesting a continuance until 319122 Amendment 242-1779, 0 Stevens Street(TTOR) • The Administrator provides background on the 5-year Order issued in February 2020. The proposal is for an additional 13-acres of canopy thinning and routine habitat management activities to maintain all 80-acres of barrens habitat. A long term O&M Plan has been developed for the proposed activities. The Administrator suggests the O&M Plan become part of the on-going conditions under a COC. The Applicant is scheduled to appear before the Planning Board on March 15th to request a full Watershed Protection District Special Permit,to allow for a long term O&M Plan. Some invasive species management will occur within the 25-foot NDZ and wetland. A vernal pool on site has been identified, not certified. • Mr. Lynch requests a link be provided to the TTOR website with the informative PowerPoint presentation for the public if the NACC votes in favor of the proposal. • Jeff Denoncour,The Trustees of Reservations states they propose to implement a cut stem and paint application of herbicide within the Resource Area to manage the invasive plant. There are no invasives in the vernal pool at this time. Control of the invasive species is achievable due to the level of infestation. Slash will be removed from the Resource Area and disposed of properly. He explains how they determined the additional footprint they could effectively manage and maintain,to create additional barrens habitat taking into consideration steep topography and access. • Mr. Mabon questions if the vernal pool can be certified as part of the proposal. • Mr. Denoncour agrees this request is achievable. • Mr. McDonough would like to know bow they announce the schedule of the prescribed fires. • Mr. Denoncour describes the prescribed fire process which must be done in strict accordance with the Burn Plan. He explains that there have only been four times since 2008 as so many factors must line up to do a burn. Work is expected to start canopy thinning and mowing April 1, 2022, and must be completed no later than June 30, 2022,per the grant. 2022-02-23 Conservation Commission Minutes Page 4 of 7 Approved 0310912022 • The Commission discussed the possibility of a"Vegetation Management Plan" and directed the Administrator to provide examples for consideration. • Mr. Denoncour agrees it makes sense to have a formal continuation of management efforts in writing. • No public comment. • A motion to close and issue in 21 days is made by Mr. Lynch, seconded by Mr. McDonough. • Vote 4-0, Unanimous. Documents 242-1779, Stevens St. Weir Hill Habitat Management OOC, Appendix A. Weir Hill Barrens Habitat Management Operations and Maintenance Plan, Trustees of Reservation Barrens Habitat Management PowerPoint for Conservation Com meeting 2_23_22,TTOR Weir Hill Barrens Habitat Mng. 2022 ADZ Waiver-Request, Weir Hill Barrens Habitat Management Abutter Notification Form, Weir Hill Barrens Habitat Management Burn Plan Update_2020_SIGNED, Weir Hill Barrens Habitat Management Certified Abutters List, Weir Hill Barrens Habitat Management Conservation Department_Cover Letter Weir Hill Barrens Habitat Management Detailed Project Description Conservation Department, Weir Hill Barrens Habitat Management MANHESP MESA Exemption_07-21668_12302021, Weir Hill Barrens Habitat Management Photos Request for Determination of Applicability 19 Ferncroft Circle(Flynn) • The Administrator states the request was heard at the previous meeting for the connection of a washing machine outlet pipe to the existing sewer line. • Mike Reilly,FP Reilly& Sons,Inc. explains excavation is necessary due to the finished basement and the washer pipe is encapsulated in the concrete floor of the finished basement. Other alternatives have been considered and this is the best solution. • The Administrator recommends issuing a Negative Determination#3 with conditions requiring pre and post construction meetings. • No public comment. • A motion to issue Negative Determination#3 with conditions as recommended is made by Mr. McDonough, seconded by Mr. Mabon. • Vote 4-0,Unanimous. Documents 02-09-22 Meeting Materials, 19 Ferncroft basement pictures, Town of North Andover Mail-Fwd_19 Ferncroft Circle-Pictures Enforcement OrderlViolation 46 Holly Ridge Road (Bodet) • The Administrator provides background on the Cease and Desist heard at a previous meeting. Although Plots 2 and 3 contained hydric soils, a wetland vegetation dominance test showed upland species dominating Plots 2 and 3,with Plot 1 showing both dominant wetland vegetation and hydric soils. The Administrator and Field Inspector performed a site visit with the Consultant and agreed with the findings. The subject parcel is well outside of ConCom jurisdiction. • Paul&Duschia Bodet,the homeowners are present. • Mr. Manzi requests staff include more than one evaluation factor to determine wetland viability. • The Commission apologizes for any inconvenience the violation may have caused and agrees to rescind the Cease and Desist. • A motion to rescind the Cease and Desist and find the property in compliance is made by Mr. Lynch, seconded by Mr. McDonough. • Vote 4-0,Unanimous. Documents 2022-02-23 Conservation Commission Minutes Page 5 of 7 Approved 0310912022 01-12-2022 Meeting Materials, 46 Holly Ridge Road-DeRosa Delineation Letter-02152022, BVW Field Data Form-Plot No. 1, BVW Field Data Form-Plot No. 2, BVW Field Data Form-Plot No. 3,percent cover and percent dominance table 64 Nutmeg Lane(Madsen) • The Administrator recommends keeping the Cease and Desist in place until the OOC is issued. • A motion to continue to March 9,2022,is made by Mr. Lynch, seconded by Mr. Mabon. • Vote 4-0,Unanimous. Documents 09-29-2021 Meeting Materials 40 Flagship Drive(DWT Holdings,LLC) • The Administrator states there are no updates at this time. • A motion to continue to March 9,2022,is made by Mr. Lynch, seconded by Mr. McDonough. • 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 General/New/Old Business Foster Street-Emergency Certification Heating Oil Spill Update • The Administrator states the Town has engaged the services of GEI as third party peer review as impacted land owners. Formal communication to Hilton Oil and their LSP was provided by Town Counsel requesting specific information as guided by the Town's LSP. The trails on the Foster Farm open space have been closed due to the oil spread. The site was visited today by Conservation staff, F. Hilton,M. Sabulis, J. Borgesi and his staff,to discuss the current conditions and the need for additional measures to intercept travel of sheen and a path forward to contain and control the situation. • Fred Hilton, Hilton Oil is present. • Allen Walker, Clean Harbors attending remotely states it has been difficult to maintain and control the release due to the changing site conditions. They are looking to assess the situation to find out if there is a bigger source caught in the snow/ice requiring remediation or better control. An access agreement has been established with 242 Foster Street allowing follow up and access to the property. • Mr. Lynch expresses concerns that at the Emergency Certification is due to expire and they are still working on containment issues. • Mr. Walker states action is being taken but there is concern about unsafe working conditions. His last site visit was a week and a half ago,however the site is staffed daily, and reports made.A summary has been provided regarding the work performed. • Mr. McDonough expresses concern that the site is not visited by the LSP more frequently and directs the Administrator to reach out to Ken McDermott,Mr. Walker's supervisor to explain the NACC's concerns. • Mr. Walker states they have been unable to get upstream due to the access agreement process. Surface water sampling was conducted, and results indicate no impacts as far down as Lost Pond Road. Everything between Lost Pond Road and the release location are sheens which are very difficult to control. Booms and absorbent pads are checked daily and replaced as needed. Impacts alongside the road have been excavated and removed. • The Commission discusses the spill and how to proceed. • The Administrator states earlier today additional booms, absorbent pads and wattles were requested to be placed on the upstream side to collect product and asks that Mike Sabulis of GEI provide input. • Mike Sabulis, GEI Consultants, attending remotely on behalf of the Town refers to his report from 2/17. His main concern is control and containment to the best ability given the challenging conditions. He would like to 2022-02-23 Conservation Commission Minutes Page 6 of 7 Approved 0310912022 know the timing of the schedule for the events. He questions how the odor will be addressed and what is proposed over the next few days/weeks to clean things up moving forward. • Mr. Walker states an Ecological Risk Assessor(Tony Rodolakis, Wood Environment)was retained to help with the evaluation of the impacts. He will also help with how to preserve as much of the unimpacted areas as possible and assess the impacts. Input from the Ecological Risk Assessor is required prior to determining if excavation is needed. Sheen will be controlled to the best of their ability until the source can be identified and removed. Ongoing operations will occur to change out pads/booms. • The Commission agrees to issue an Enforcement Order effective once the Emergency Certification ends. Ongoing cleanup activities are allowed as outlined in the Emergency Certification and MCP. An NOT must be submitted on or before March 10, 2022,if not received by March 10, 2022, daily fines ($100)will be issued to the responsible party until submitted. The NOI should include design and implementation of remedies for impacts as well as time frame and monitoring. Daily reports are to be submitted to the Administrator,M. Sabulis and J. Borgesi via email. All data and reports must be submitted immediately. Additional turbidity curtains are to be installed as needed. The Commission requests an access agreement be pursued with the Town via Town Counsel. • Mr. Sabulis states response actions are not contingent on the access agreement and should continue. He requests the LSP include Volatile Petroleum Hydrocarbons (VPH)for the ongoing testing. • Mr. Manzi requests testing for VPH be required in the NOI. • The Administrator suggests that GEI's recommendations for information submittal be incorporated into the Enforcement Order. • A motion to issue an Enforcement Order as discussed and amended is made by Mr. McDonough, seconded by Mr. Mabon. • Vote 4-0,Unanimous. • The Commission agrees to continue this to the March 9, 2022, meeting. Documents 02-09-2022 Meeting Materials, Foster Farm Trails pies 02-17-22, Clean Harbors, Response to Town Info Request 02-22-22, DEP Notice of Responsibility, 02_22_2022, Field ObsTown LSP, GEI 3rd Party Peer Review Proposal Foster St. Oil Spill, TONA -Notice of Claim to Hilton Oil, Town Request for Info 02-18-22 27 Charles Street Flooding& Upstream Drainage—Lawrence Airport Comm./27 Charles St. LLC • Mike Miller, Lawrence Municipal Airport and David Rich, Stantec are present regarding concerns of flooding to an area to the south west of the airport. • Mr. Rich states a site walk was performed on February 18th by Stantec,Airport Manager, ConCom Administrator and Consultant for 27 Charles Street to assess the current conditions as they relate to flooding events this summer. The site walk found two distinct areas along the unaltered section of the Airport stream where flows had jumped the banks. They propose the installation of staked coir logs or hay bales along these areas (120-feet)to keep water within the stream banks while a more permanent solution is developed. The breach is believed to be isolated,however,to err on the side of caution they agreed to provide 120-feet of stopgap at the southern edge of the stream. • The Administrator states concerns of flooding came to her via the DPW. She believes the flooding may be multi-pronged. Properties at the end of Grosvenor Avenue and Poor Street have experienced flooding on their properties,trenching was performed to channel water away from the homes. The coir logs have been proposed as an immediate stopgap measure. She believes additional investigation and perhaps an NOI are required. She suggests coordinating investigation of street drainage with the DPW. • Atty. Glenn Wood,Rubin and Rudman states his client has experienced flooding events which have resulted in insurance claims from tenants. The problem has been ongoing for approximately 1-year, and they believe the vast majority of stormwater impacting his clients property is from the airport. He agrees with the Administrator that a full investigation is necessary. Concerns are expressed that the stream is overtopping in small storm events. It is believed that the previously permitted and approved design was substandard and requires improvement. They will continue to engage with Stantec and the Lawrence Airport along with their 2022-02-23 Conservation Commission Minutes Page 7 of 7 Approved 0310912022 engineer. There are other upgradient issues (Mathews Way Subdivision)they intend to take up with the Planning Board, DPW and possibly the Conservation Commission. • Mike Miller, Lawrence Municipal Airport defines a timeline of his response to the abutters'concerns regarding flooding issues. • Mr. Rich states the stream relocation activities were constructed in 2016 & 2017. • The Commission discusses the flooding and agrees they are in favor of the temporary measures proposed by Stantec. They agree to additional investigation under an Enforcement Order. Performance of the stopgap shall be evaluated after specified rain events and reported to the ConCom. The preliminary findings will be reviewed at the June 8,2022,meeting,the next steps will be determined at that time. • A motion to issue an Enforcement Order allowing the proposed work is made by Mr. Lynch, seconded by Mr. McDonough. • Vote 4-0, Unanimous. Documents 20220218 103346, Aerial, LWM Stream Bank Fortification, Photo link Decision 242-1835,328 Campbell Road(Hickey) • The Administrator reviews the drafted Order of Conditions. • The Commission discusses the bond which will be set in the amount of$1,500.00. • A motion to adopt the Order of Conditions as drafted is made by Mr. McDonough, seconded by Mr. Lynch. • Vote 4-0,Unanimous. Adjournment • A motion to adjourn at 9:30 p.m. is made by Mr. Lynch, seconded by Mr. McDonough. • Vote 4-0,Unanimous. 2022-02-23 Conservation Commission Minutes