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HomeMy WebLinkAbout2023-02-22 Conservation Commission Minutes Page 1 of 5 Approved 0310812023 North Andover Conservation Commission Meeting Minutes February 22,2023 Members Present: Sean F. McDonough(remote/present),Joseph W. Lynch, Louis A.Napoli, Chairman and Albert P. Manzi,Jr., Vice Chairman, John T. Mabon and Ryan D. Hale Members Absent: Anthony Capachietti Staff Members Present: Amy Maxner, Conservation Administrator Meeting came to Order at: 7:04 p.m. Quorum Present. Pledge of Allegiance Acceptance of Minutes • The minutes for February 8, 2023 have not been reviewed. Notice of Intent(NOI) NACC#301,81 Paddock Lane(Hamilton) • The Administrator states the Applicant has requested a continuance. • A motion to continue to March 8,2023,is made by Mr. Mabon, seconded by Mr. Manzi. • Vote 5-0,Unanimous. Documents Email from takerley )wsen�ineers.coin requesting a continuance until 318123 Notice of Intent(NOI) 242-1859, 0 Turnpike Street(Middleton Farms,LLC) • The Administrator states the Applicant has requested a continuance. • A motion to continue to March 8,2023,is made by Mr. Lynch, seconded by Mr. Manzi. • Vote 5-0,Unanimous. Documents Email from takerley engineers.coin requesting a continuance until 318123 Request for Determination of Applicability 25 Gilman Lane(Lunger) • The Administrator states the proposal is for the construction of an in-ground swimming pool. Construction access is proposed through the existing paved driveway and over a small area of lawn in the outer reaches of the Buffer Zone of wetland series "A". A site inspection was conducted and crushed stone was observed in the wetland as well as an additional wetland over/at the southern property line. She believes the additional wetland places the pool within the Buffer Zone,possibly triggering an NOL The crushed stone dissipator at the edge of the driveway was noted on the plan. The Administrator states she does not know who performed the delineation,but she agrees with the delineation of wetland series "A". • Stacy Lunger,the homeowner states the home was purchased in May 2021. The crushed stone was already in place when the home was purchased,the home was built in 1982. They were unaware the second wetland existed, as no water was visible. The Wetland Scientist was engaged by the home renovation company. • Mr. Lynch states if the Wetland Scientist was able to delineate the wetland series on Town property, they should have been able to investigate and evaluate the additional wetland series on the abutting property. He believes the crushed stone may predate the bylaw and requests the Administrator conduct research to determine how long the stone has been in place. • The Commission discusses the proposal and agrees a NOI is required as the additional wetland may place work and the pool further into the buffer zone. The Commission advises that the location of the pool may conflict with the 50-foot NBZ and the wetland consultant will assist in establishing the wetland and associated Buffer Zones. 2023-02-22 Conservation Commission Minutes Page 2 of 5 Approved 0310812023 • Ms. Lunger requests to withdraw the application without prejudice. • A motion to accept the withdrawal without prejudice is made by Mr. Lynch, seconded by Mr. Manzi. • Vote 5-0, Unanimous. Documents Site Visit 02-21-2023, RDA Application with Supporting Materials 02 09 23 Modification 242-1850,315 Turnpike Street(Merrimack College) • Mr. Manzi recuses from the discussion due to a conflict of interest. • The Administrator provides background on the Order issued in September 2022. The Applicant is seeking a Modification for the physical connection of power to the new building. Power was originally to be provided via an underground electric duct bank from an existing electrical manhole to the west of the new building structure. During the construction process it was determined by National Grid that they are unable to pull a secondary electrical service without additional modifications. They are now proposing to connect from an existing pole at the side of the Volpe Building by running a line at the edge of the pavement. The new proposal will include some pruning and tree removal within the 25-foot NDZ. Alternatives and a waiver request were submitted. • Mr. Hale questions if excavation is required for the installation of the utility pole and if erosion controls have been proposed. • Jeffrey Koetteritz, VHB states the pole will require minimal excavation, erosion controls can be provided in the vicinity of the utility pole. • Mr. Mabon would like to know how much trenching is required with the chosen alternative. He feels option #4 would be a better alternative. • Mr. Koetteritz states unfortunately option#4 won't support the extra service. Approximately 30-ft of trenching is required with the chosen option. • Mr.Napoli would like to know how big of an area is proposed to be cut through the wetland. • Mr. Koetteritz states that 10-ft of clearance on either side is required. There are no other poles on Rt. 114 to avoid this route,the poles on Rt. 114 are on the other side of the street. Connecting from Austin Hall was evaluated but was determined to be unfeasible by National Grid. • Mr. Lynch expresses concerns the power supply issue was not realized until so late in the construction process. He believes the option chosen by the Applicant is the least desirable option from a wetland perspective. He feels that option#2 is the most desirable alternative for the longer-term impact. • The Commission discusses the alternative options. • Mr. Koetteritz states options#1 and#5 are the only feasible options proposed. Due to the electrical code,they are not able to go underground from the existing poles. He explains what is required to run the power supply underground. • The Commission discusses the alternatives and agrees to continue the discussion until an acceptable alternative analysis is provided ruling out the ones that cannot be done and demonstrating the most feasible options for consideration. • A motion to continue until March 8, 2023, is made by Mr. Lynch, seconded by Mr. Mabon. • Vote 4-1, (In Favor: Lynch,Napoli, Mabon,Hale,Recused: Manzi). Documents 1]62525-Modification Request-Electric Service, Application Checklist-Modification Request Amendment to Order of Conditions 242-1692, 1210 Osgood Street(Princeton Dev. &Forgetta Dev.) Mr.Napoli recuses from the discussion due to a conflict of interest, and Mr. Manzi steps in as Chair. Mr. Hale is not eligible to vote on the Amendment to the Order of Conditions. • 7:41 p.m. Mr. Napoli and Mr. Hale leave the meeting. • 7:41p.m. Mr. McDonough joins the meeting via remote participation. 2023-02-22 Conservation Commission Minutes Page 3 of 5 Approved 0310812023 • Atty. Jeff Brown,Princeton Properties is present on behalf of the new property owner,LIPT Osgood Street, LLC. He introduces the team members present for the hearing,Ashley Gray,LaSalle Investment Management (remote/present) and John Henry, Lockwood Remedial Technologies, LLC. • The Administrator states the Amended draft OOC in the Commission's hands tonight consists of Conservation Staff edits, GEI comments and Atty. Browns suggested conditions. • Atty. Brown provides a historical recap of the OOC and Enforcement Order(s). He describes the location of the interceptor trench depicted on the plan. A copy of the surface water sampling plan has been provided and the critical areas determined by the NACC highlighted. As required in the EO the pH levels have been measured and reported using these critical locations. The system has been in operation since December 2019. A scatter graph"influent pH versus time"prepared by John Henry,LRT has been provided. They believe the influent pH level should be 8.3pH or less level on a pH basis. The pH levels have dropped from 12pH to an average of 1 OpH, consistent progress has been made. A wetland monitoring summary dated February 17, 2023 by the EcoTech has been provided. He describes the monitoring duties conducted by the Wetland Scientist and reviews the monitoring summary. There has been no deviation in the wetland monitoring reports over the last 1 '/2-yrs. The last two monitoring reports conducted by EcoTech have been provided to the Administrator. All impacts have been eliminated and regrown. All of these documents were sent to the Administrator as proposed documents to be added to the appendix of the second Amended OOC. • John Henry, Lockwood Remedial Technologies, LLC provides a summary of the operation of the water treatment system. The current system has been running full time since January 2020 and has treated approximately 19-million gallons of water,the system is running well. He reviews the scatter graph that shows the groundwater is getting better over time. The trend line is moving in the right direction with an average pH of 10.3. Data is collected three times a week,the dots on the graph represent the data collected over time(3-yrs.). • Mr. Lynch questions how they can correlate a trend without any correlation to rainfall and groundwater elevation. He expresses concerns that heavy rainfall would drive down the pH levels vs. background flow. He is unsure that the scatter graph is trending downward unless the groundwater table is correlated. • Atty. Brown reviews the shutdown criteria which needs to be met before shutdown occurs. Based on the analysis provided by LRT, shutdown criteria will be met in 3 '/2-years if the trend continues. • Mike Sabulis, GEI Consultants states the shutdown criteria requires an average pH of 8.3 with no single reading above 9.5. If there is an individual spike within the 30-day period the process will need to start over again. • The Administrator requests an update on the protective measures implemented since the last system failure. • Mr. Henry states they are using a SCADA system which is set up to notify personnel via the internet when there is an issue with the system. A few issues occurred during the change of ownership due to non-payment of the cellular bill,this issue has been rectified. A cost estimate was put together for an alarm system to trigger a light with a horn and to upgrade the size of the acid tank. LRT is currently under contract with LaSalle and Princeton Properties for these modifications. He recommends upgrading to a larger acid tank to prevent running out,potential heavy rainfall and safety concerns. He does not believe additional alarms are required. Preventive maintenance of the pumps is conducted as needed to prevent buildup. Princeton Property Management is typically onsite three days a week. LRT is on site once every other week on alternating days. • Atty. Brown reviews the contract for LRT dated January 18,202. He requests the NACC consider upgrading to a 360-gallon acid storage tank. He expresses concerns with an audible alarm system near the housing; they would consider a red flashing light outside of the garage of the treatment system if the NACC feels appropriate. The property is managed by Princeton Properties,the day-to-day operations have been continuous since the day the property opened. The cellular service issue was resolved 6-months ago. System training was provided to on-site staff by LRT. • Mr. Lynch suggests a light come on after failure to respond to the first alarm. • Mr. Mabon expresses concerns with the pH level criteria and questions where the average pH(8.3) and peak pH(9.5)values came from. He would like to avoid discharging higher pH material and requests a more robust plan be considered. He questions what will happen to the temporary system once it is shut down. 2023-02-22 Conservation Commission Minutes Page 4 of 5 Approved 0310812023 • Mr. Sabulis states both of these numbers came from past discussions with the team and Sanbornhead. 8.3pH is considered within normal range; 9.5pH is based on the trend line. • Atty. Brown states the site is stable, construction is complete. Additional future work on-site would require permitting through the NACC and the Planning Board. He requests the Applicant be allowed to leave the dewatering treatment system in a state of readiness. On-site assessment monitoring is proposed for 2-years after the system shutdown.The stormwater system is designed to discharge into the same area pre- development. He explains how the seep at building`B"is being redirected and captured by the stormwater management system;monitoring of the seep will be required in the AOOC. • Mr. Henry explains that the treatment system is designed not to discharge if the pH in the second mix tank exceeds 8.2.If the pH levels do not come down to an acceptable range a high-level alarm will be triggered and responded to accordingly. • The Commission agrees the NACC will maintain jurisdiction for the entire site for future Modifications beyond simple landscaping. The interceptor trench system is to remain on-site and ready(pumps removed) after the shutdown. The language in Condition#69 must be clarified. • The Administrator states per the reports the health of the wetland is not being impacted. She reviews the bullet points in response to Atty. Brown's team comments that she prepared to guide discussion. The Applicant has requested to reduce EcoTec wetland monitoring from every other week to monthly. She recommends if the system fails for any reason inspections be performed. • Mr. Sabulis is in favor of reduced wetland monitoring if it is tied to triggering conditions. • The Commission discusses the bullet#1 and agrees to allow reduced monitoring as recommended and discussed. • Atty. Brown agrees to conduct pH reading daily during the shutdown process (30-consecutive days). • Mr. Sabulis reviews bullet#3 and requests that during the shutdown process pH readings be conducted daily vs. every three days. • Atty. Brown states monitoring would cease 60-days post shutdown. The estimated timeline for shutdown is 3 '/z-yrs. if the trend continues. • The Commission discusses the bullet#3 and requests additional research be conducted by GEI regarding acceptable influent pH readings. • Further discussion will be required regarding bullet#2. • The Administrator reviews bullet#5 and requests this to be incorporated into the future monitoring plan. • The Commission discusses bullet#4 and agrees that during the treatment system shutdown process surface water quality needs to be 8.3 pH or less for 60-consecutive days with daily monitoring. The logistics of how daily monitoring will be performed will need to be determined. • Atty. Brown agrees to 60-consecutive days with daily monitoring. The operating expenses for the entire stormwater management system is $62,000 a year. • The Commission discusses the bonding method for the AOOC; Mr. Manzi& Mr. McDonough are in favor of a cash bond. • Additional funds in the amount of$5,000 are required for the escrow account established for third party review. • It is agreed that a continuance is necessary to ensure that the treatment system shutdown criteria is further reviewed by the parties. • A motion to continue to March 8,2023, is made by Mr. Lynch, seconded by Mr. Mabon. • Vote 4-1-1, (In Favor: McDonough, Lynch,Manzi,Mabon, Recused:Napoli &Hale). Documents 02-19-2020 Meeting Materials - Commercial Site (1274 Osgood Street),02-19-2020 Meeting Materials- Residential Site (1254 Osgood Street), 03-11-2020 Meeting Materials, 04-28-2021 Meeting Materials, 10-19- 2021 Meeting Materials, 2021-10-19 Conservation Commission Minutes -Final, ECOTEC Monitoring Summary Report 2-17-23, EcoTec N.Andover OsgoodSt Wetland Monitoring Report 43 2023.01 Monitoring, Future Monitoring Plan - 5.18.2020_gei.doex- Google Does,Influent pH vs Time_thru 2-10- 2023 Scatter Graph, J. Brown suggested Additional Does to include in AOOC, LRT Proposal, Easement and Common Schemes Restriction, Points For Discussion 2-22-23 Hearing 1210 Osgood.doex- Google Does 2023-02-22 Conservation Commission Minutes Page 5 of 5 Approved 0310812023 Enforcement Order/Violation 242-1692, 1210 Osgood Street(Princeton Properties Mgmt/LIPT Osgood Street,LLC) • This item was not discussed and continued along with the amendment hearing. Documents 09-29-2021 Meeting Materials, 10-19-2021 Meeting Materials, 242-1692, 1210 Osgood Street(EO)Ratified Amended 10 OS 21 - Groundwater Treatment System Failures, LIPT Osgood St. LLC-Response to EO- 1210 Osgood Tx System Failures Adjournment • A motion to adjourn at 9:53 p.m. is made by Mr. Lynch, seconded by Mr. Mabon. • Vote 4-0, Unanimous. 2023-02-22 Conservation Commission Minutes