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HomeMy WebLinkAbout2022-03-09 Conservation Commission Minutes Page 1 of 6 Approved 0312312022 North Andover Conservation Commission Meeting Minutes March 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. 7:12 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 northandovcrma. �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 February 23, 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 23, 2022, is made by Mr. McDonough, seconded by Mr. Lynch. • Vote 4-0,Unanimous. Documents Email from boas oad B ran cg r�eng.com requesting a continuance until 3123122 242-1837, 1260 Salem Street(Czerepak) • The Administrator states a continuance has been requested. • A motion to continue to March 23, 2022,is made by Mr. McDonough, seconded by Mr. Lynch. • Vote 4-0,Unanimous. Documents Email from.jacksull53acomcast.net requesting a continuance until 3123122 2022-03-09 Conservation Commission Minutes Page 2 of 6 Approved 0312312022 Small Project NACC#291, 100 Crossbow Lane (Hi-Tech Windows & Siding) • The Administrator states work consists of upgrades to an existing screened sunroom. The proposal includes removal of the existing decking,rails, screens and two stairs. The decking material will be replaced with conserva decking material and one set of stairs replaced at the north side of the sunroom.No new footings or ground disturbance is proposed. No equipment is proposed on site, all manual labor. A dumpster will be placed in the driveway. The Field Inspector conducted a site inspection and conservatively confirmed the work will occur approximately 61-feet from the BVW at its closest point. The Administrator cautions the contractor and homeowner that scope of work does not include the existing brick walkway. If they decide to perform work on the walkway they will need to come back before the Commission with another request. • The Contractor is present remotely for questions. • Mr. Mabon requests going forward, that a copy of the plot plan with a sketch be submitted with each filing, the Administrator acknowledges this and will work with future applicants to include a more formal plan exhibit. • The Administrator recommends issuing a Small Project"L"requiring the dumpster to be placed on the driveway,pre and post construction meetings. • The Commission discusses the project and agrees the dumpster and construction materials must be placed on the driveway and under no circumstances any material or activity can take place within 50 feet of the wetland. • No public comment. • A motion to accept this as a Small Project"L"with conditions as recommended and amended is made by Mr. McDonough, seconded by Mr. Mabon. • Vote 4-0,Unanimous. Documents 100 Crossbow GIS Aerial, 100 Crossbow Photos, Small Project Application with Supporting Materials 02 28 22, Hi Tech Contract - 100 Crossbow Ln - North Andover MA Fri Jan 14 2022 15-31-17, Enforcement Order/Violation Foster Street-Heating Oil Spill Update • The Administrator provides background on the Enforcement Order and updates on events to date. Additional turbidity curtains and booms have been installed as required. A Source Control Plan and Odor Plan have been received and reviewed by the Town's Third Party Peer Reviewer. A site inspection was performed by GEI on March 7th, the inspection report and photos have been provided to the NACC. Clean Harbors reported on March 7th that a large amount of emulsified oil was released from a melting ice block. A crew was sent to recover the oil via pool skimmers and absorbents. An onsite meeting between Clean Harbors and DEP staff occurred on March 8th; Town staff was unaware of the meeting.NHESP reached out to the Administrator as this is an area of priority habitat; information pertaining to the spill was provided. MESA has an emergency process for IRA and other cleanup activities which will be required. A release amendment form was posted by DEP on March 7th defining the timeline of events and observations at the time of the spill. The report indicated that the majority of material was contained on the top layer of frozen ice. Mass Fish and Wildlife was alerted of the spill by Conservation staff, this location will not be stocked with fish this season. • Fred Hilton, Hilton Oil is present. • Mike Sabulis, GEI Consultants, attending remotely reports that significant sheens were observed when sediments were agitated in and around the culvert. He believes that given the circumstances it is important to understand the impacts and damages that have occurred to the wetland and to figure out remedies and how best to move forward. • Mr. Manzi would like to know Mr. Sabulis' opinion/recommendation on the Sequence/Source Control Plan. • Mr. Sabulis states they would like more clarity as well as timing on the plan for evaluating nature, extent and performing remedies due to the release. 2022-03-09 Conservation Commission Minutes Page 3 of 6 Approved 0312312022 • Keith Sullivan, Clean Harbors attending remotely states at this point the emulsified oil must be manually recovered. Oil in the soil or wetland will be removed with a vactor, vacuum extraction methods will not be used unless necessary. An excavator was used in the beginning of the cleanup efforts from the road area,but additional soil removal is needed. No digging in the wetland has occurred. A vague sheen was observed on the 8th in the area of the first boom, there was no visible product on the downstream side. Some silver sheen was visible between the first soft boom and first hard boom. Silver sheen was visible near the dog walk area and again at Lost Pond Road along with a small amount of emulsified oil. • Ken McDermott, Clean Harbors attending remotely states a formal written Immediate Response Action(IRA) Plan was submitted to DEP today.A copy of the IRA Plan will be submitted to the NACC along with the NOI. They have been working through a property access issue with the owner of 242 Foster Street. He agrees to address any concerns with the IRA. He states sunshine is beneficial for the micro sheens and removing pockets of emulsified oil by hand is more efficient than a vactor. He asks if they have permission to remove the rest of the soils on top of the culvert. • Mr. Sabulis believes that the oil has migrated into the wetland, sediments and soils given the recent melt. He questions the timeline for addressing nature and extent of impacts of the wetlands sediments and soils. • The Administrator states a meeting occurred on site with J. Borgesi,M. Sabulis and P. McGrath on March Ist. At the time it was indicated that Clean Harbors planned to remove impacted soils on top of the culvert via vac truck which is within Town roadway layout. As of today,the work has not occurred. She expresses concerns that simple remediation tasks are taking so long. • Mr. McDermott states he is not intimately familiar with the site and if this is an area, they were denied access. He estimates that 640-gal were released, and 500-gal has been recovered despite the winter conditions and access issues. • Mr. Lynch expresses concerns that they have not pursued an access agreement with the Town as requested. • The Administrator reads correspondence dated February 7,2022, from Lawson and Weitzen attorneys for 242 Foster Street which states that the homeowners were cooperating with the responsible parties. • Mr. McDermott offers to provide a copy of the signed agreement to the NACC. Per the IRA Plan additional soil removal will occur within the next week or so. Sediment sampling, surface water sampling will occur as part of the ecological risk assessment; sampling cannot occur if there is ice/snow cover. • Mr. Manzi reads an email message from the property at 242 Foster Street just sent to the Administrator with regards to the access agreement, which was promptly signed by the homeowner,but the responsible parties held for a few weeks. • Mr. Lynch expresses concerns that the responsible party (Hilton Oil)has been responsive but the firmed hired has not. • Mr. Mabon expresses concerns that the Source Control Plan indicates excavation of sediment/soils under water and minimizing odor is not necessary. • The Administrator states after some discussion the Town team has come to a consensus that requiring a Notice of Intent is not advisable. They suggest the work continue under an Enforcement Order. She stresses that the MCP requires a whole host of investigations to substantiate any claims that the site is clean or poses no substantial risks. She reminds the Commission that an OOC would get recorded against the land where the work is occurring, and this would result in technically making the Town the responsible party for compliance with the OOC. • Mr. Manzi expresses concerns that they do not know the extent of the spill. He believes it is important to advise other towns downstream. It is critical action be taken as the nesting season has started and this is a priority habitat. Signage must be posted to prevent residents/people from accessing and fishing in impacted areas. • Tony Rodolakis,Wood Environment is present remotely. He explains the two part process for the risk assessment to be performed. The first round of surface water sampling has been collected. The next step is to collect another round or two of samples, surface water co-located with sediment samples to develop a plan to investigate the stream channel as well as the edge of water. • Mr. Sabulis states evaluating and testing sediment, soil and surface water in the impacted wetland area is what will drive the risk assessment that determines the cleanup. He believes the source control plan is missing the 2022-03-09 Conservation Commission Minutes Page 4 of 6 Approved 0312312022 step of evaluating nature and extent. He recommends the NACC follow a similar framework to the MCP (Massachusetts Contingency Plan). • Mr. Lynch believes the means and methods should be submitted for review by Third Party Peer Reviewer and Administrator and voted into the EO by the NACC. • Mr. McDonough states although an NOI is no longer required, he would like the materials compiled for the NOI to be provided. • The Administrator questions if the Ecological Risk Assessor has established a written action plan. • Mr. Rodolakis states a written approach is in process. • Mr. Manzi requests the report from the first round of surface water sampling be provided to the NACC. • Mr. McDermott states all data to date is included in the IRA Plan to be submitted with the NOI materials. • The Commission discusses the EO and what will be required. They agree the Source Control Plan is not adequate and request the seven points from GEI's letter be annexed to the EO. In addition,the following items will be required per the EO; IRA Plan along with the timeline and sampling plans. Contact must be made immediately with NHESP for an assessment/evaluation and MESA Plan followed. Conservation staff must be notified within 24-hrs of any/all meetings pertaining to the project. Warning signs "hazardous material cleanup in process"must be posted at the direction of the Administrator.Additionally, an Investigation Plan is required providing a rough outline of the plan,location and rationale for testing. The NACC agrees to revoke fines and submission of an Notice of Intent. • A motion to amend the Enforcement Order as discussed is made by Mr. Lynch, seconded by Mr. McDonough. • Vote 4-0,Unanimous. • A motion to continue to March 23,2022,is made by Mr. Mabon, seconded by Mr. Lynch. • Vote 4-0,Unanimous. Documents 02-09-2022 Meeting Materials, 02-23-2022 Meeting Materials, 02-28-22 - CH Daily log, 03-04-22 Three- week look ahead, 03-05,06,07-22 CHDaily Log, Email-A. Walker-Daily Log 3-1, 3-2 and 3-week outlook 03-04-22, Email- GEI-Foster Street Site Visit- 3_7_2022, EO 02-23-22 -Foster Street Oil Spill, Hilton Oil, GEI Comments on Source Control Plan, GEI Field Observations 3 7 2022, M. Sabulis email comments on - 3-week outlook, OdorMitigationPlanData_02282022, SourceContro/Plan02282022 242-1799,243 Great Pond Road(Boyko) • The Administrator provides background on the EO issued in December 2021. A restoration construction sequence was provided as requested by the Commission. The proposal includes a concrete retaining wall along the westerly side of the koi pond just outside the CR. The Administrator expresses concerns with the amount of backfilling required for the retaining wall and the toe of slope vs.the limit of the CR. The plantings proposed have been reviewed by the Field Inspector and suggestions were made. All of the plantings are native, some of which will be within the CR. As built the koi pond and patio are different from what was previously approved,therefore she believes an after-the-fact Modification is needed. • William Hall, Civil Design Consultants, Inc. is present remotely on behalf of the Applicant. They agree to return the original finish grade within the CR to its pre-existing condition if required by the NACC. • The Commission discusses the proposal and agrees an after-the-fact Modification is required due to the change of layout.No encroachment into the CR will be permitted. The grade into the CR must be returned to the pre-existing grade and restored. The area from the CR to the proposed retaining wall is to be graded in a manner that is manageable,no impact on the CR. • Jay Bearfield,Lotus Gardner is present remotely on behalf of the Applicant. The retaining wall was proposed to ensure everything is outside of the CR. The area from the CR to the proposed retaining wall will be returned to the original grade. • Mr. Lynch requests an artificial line be depicted on the cross section noting"limited conservation restriction grade to be original grade prior to disturbance."He requests an evaluation on how they intend to return the area in the CR to a manageable grade. 2022-03-09 Conservation Commission Minutes Page 5 of 6 Approved 0312312022 • A motion to amend the Enforcement Order as discussed is made by Mr. McDonough, seconded by Mr. Mabon. • Vote 4-0, Unanimous. Documents 01-12-2022 Meeting Materials, I1-22-2021 Meeting Materials, 12-08-2021 Meeting Materials, 20-10239- Construction Sequence, 20-10239-Dewatering Still, 20-10239-Enforcement Order Plan, 243 Great Rd-SKS- 1, 20220217-2027-landscape L1, Email-Staff Comments on restoration plan 121 Amberville Road(Wong) • Bob Prokop, Wetland Consulting Services is present remotely on behalf of the homeowner. A Restoration Plan was submitted as requested by the NACC. There is a certified vernal pool adjacent to the property. They propose to leave the pea stone in place and cover it with loam. Native plantings have been proposed, The stairs and some of the walkway will be left in place. • The Administrator states staff comments were provided to the Consultant stating stairs,pea stone, stepping stones or walkways of any kind are not permitted within the 25-foot NDZ,however the homeowner wanted to put this proposal forward for the Commission's consideration • Mr. Lynch states he was not present at the previous meeting but has reviewed the recording. He states that this Commission would not provide a waiver especially for the 25-foot NDZ for such a proposal. • Mr. Mabon questions if the species of bleeding heart proposed is okay. • The Field Inspector states the species proposed is not a true native to New England and that either one of the two true natives recommended would be preferable. • The Commission reviews the proposal and agrees staff suggestions are to be incorporated into the Restoration Plan and the 25-foot NDZ is to be monumented with wetland markers as directed by staff. The original deadline of May 11, 2022 shall remain. • A motion to amend the Enforcement Order as discussed is made by Mr. McDonough, seconded by Mr. Mabon. • Vote 4-0,Unanimous. Documents 01-12-2022 Meeting Materials, 121 Amberville REVISED Restoration Report Bob Prokop 3-8-22, Amberville Rd 121 Amended EO& Cover Letter, As-Built Site Plan OS 08 03 40 Flagship Drive(DWT Holdings,LLC) • The Administrator states there are no updates at this time. • A motion to continue to March 23,2022,is made by Mr. McDonough, seconded by Mr. Lynch. • 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 the EO may be lifted since the OOC will take its place. • A motion to lift the Enforcement Order is made by Mr. McDonough, seconded by Mr. Lynch. • Vote 4-0,Unanimous. Documents 09-29-2021 Meeting Materials 2022-03-09 Conservation Commission Minutes Page 6 of 6 Approved 0312312022 Decision 242-1836, 64 Nutmeg Lane(Madsen) • The Administrator reviews the drafted Order of Conditions. • The Commission discusses Condition 421,if a fence is not installed posts with markers shall be required. The bond will be set in the amount of$4,000. Condition#49 requires that if dewatering becomes necessary to contact the Conservation Department. Condition#50 will be amended for consistency with Condition#49. • A motion to adopt the Order of Conditions as drafted and amended is made by Mr. McDonough, seconded by Mr. Mabon. • Vote 4-0,Unanimous. 242-1779, 0 Stevens Street(TTOR) • The Administrator reviews the drafted Amended Order of Conditions. • The Commission discusses Condition#53,the language regarding VMP's shall be revised as requested. • A motion to approve the Amended Order of Conditions as proposed and amended is made by Mr. McDonough, seconded by Mr. Mabon. • Vote 4-0,Unanimous. Adjournment • A motion to adjourn at 9:09 p.m. is made by Mr. Lynch, seconded by Mr. McDonough. • Vote 4-0,Unanimous. 2022-03-09 Conservation Commission Minutes