Loading...
HomeMy WebLinkAbout2023-11-15 Conservation Commission Minutes Page 1 of 10 Approved 12/13/2023 North Andover Conservation Commission Meeting Minutes November 15, 2023 Members Present: Sean F. McDonough, John T. Mabon, Louis A. Napoli, Chairman, Joseph W. Lynch and Ryan D. Hale Members Absent: Albert P. Manzi, Jr., Vice Chairman Staff Members Present: Amy Maxner, Conservation Administrator and Justine Fox, Field Inspector Meeting came to Order at: 7:01 p.m. Quorum Present. Pledge of Allegiance Acceptance of Minutes A motion to accept the minutes of October 11, 2023 and October 25, 2023 as drafted is made by Mr. Mabon, seconded by Mr. Lynch. Vote 5-0, Unanimous. Certificate of Compliance 242-1313, 509 Waverly Road, Waverly Oak Condo (Waverly Oaks Condo Assoc) The Administrator states the Applicant has requested a continuance. A motion to continue to December 13, 2023, is made by Mr. Lynch, seconded by Mr. Mabon. Vote 5-0, Unanimous. Documents Email from fcasavant1235@msullc.com requesting a continuance until 12/13/2023 Certificate of Compliance 242-1716, 146 Main Street (Stone Mill Realty Trust/Gregory Smith) The Administrator provides background on the Order issued in August of 2017 and a modification approved in June 2022. Administrative approval was later issued after the contractor found two 90-degree bends in the existing pipe. This section of pipe was abandoned and a new straight connection to the manhole made. All work is complete and the site is stable. A motion to issue a full and final Certificate of Compliance is made by Mr. McDonough, seconded by Mr. Mabon. Vote 5-0, Unanimous. Documents 146 Main Street_Coc Req 242-1716, As-built Site Plan 11-03-2023 Small Project NACC #315, 43 Mill Road (Morales) The Administrator presents the proposal for an in-kind front porch and stair replacement. The replacement structure will be approximately 75-feet from the BVW. The original structure collapsed due to rot and has pre-construction meeting (erosion control placement and stockpile area location) and a post construction site inspection (compliance and erosion control removal). The Applicant is present for questions. Mr. Lynch cautions the Applicant to be cautious of the septic tank during construction. A motion to accept and approve this as a Small Project McDonough, seconded by Mr. Mabon. Vote 5-0, Unanimous. Documents 2023-11-15 Conservation Commission Minutes Page 2 of 10 Approved 12/13/2023 Annotated Small Project Plan 10 30 23, IMG_1182, IMG_1185, Small Project Application with Supporting Materials 10 30 23 Small Project NACC #316, 183 Appleton Street (Silva) The Administrator presents the proposal for the installation of a veranda with a patio underneath. A corner of the new patio and veranda will be 94.6-feet from the wetland, disturbing 35-sq ft. of the Buffer Zone. The site is level with all work to occur within the existing lawn area. The proposed veranda will have a roof and concrete footings for support. An addition to the existing pool house is also proposed, however this work is outside of NACC jurisdiction. All work will be done by hand, no heavy machinery is proposed. The wetland line was reviewed and found to be accurate. Erosion controls are proposed. She recommends issuing a Small -construction meeting (erosion control placement and stockpile area location) and a post construction site inspection (compliance and erosion control removal). Mr. Lynch questions the existing and relocated sheds depicted on the plan. The Administrator states the relocated shed was originally within the 50-foot NBZ and was relocated at her request prior to the filing. The plan accurately depicts the current locations of the sheds. Mr. Lynch requests the plan be revised to note both sheds are existing. Peter Blaisdell, Williams & Sparages states sonotube footings will be used to support the weight of the roof. He believes there will only be 1 to 2 sonotubes within the 100-foot Buffer Zone. The patio is approximately 1,200-sq ft with 35-sq ft located within the 100-foot Buffer Zone. A motion to acc McDonough, seconded by Mr. Mabon. Vote 5-0, Unanimous. Documents Plan of Land - 183 Appleton Street, Small Project Permit - 183 Appleton Street Small Project NACC #317, 36 Bucklin Road (Ghani) The Administrator presents the proposal for the in-kind replacement of the existing deck boards with trex decking and handrails with vinyl railings. The footings and post are in good condition, no ground disturbance is proposed. At the time the subdivision was built in 1995; the standard setbacks to the wetlands were not required. The deck is approximately 30-feet from the wetland resource area. She recommends tion to verify compliance. Muhammad Asim Ghani, the Applicant is present. The Commission discusses whether or not the Small Project permit can be modified if the structure is deemed not structurally sound. They agree this should be determined prior to filing with the NACC. The Administrator states a condition can be added to the SPP allowing new footings as long as a pre construction meeting is done and erosion controls installed. Mr. McDonough questions if a Small Project is the proper application for the project since the deck is located within the 50-foot NBZ. He requests this be taken into consideration when the Small Project bylaw is modified. Mr. Lynch states when the subdivision was built the setbacks were reduced by the NACC. He believes the work can be approved under a SPP since it is an in-kind replacement and a waiver was granted when the house was built. The Administrator states the deck was waived/granted through the subdivision process and believes the work should be allowed under a Small Project Permit. The Commission reviews the Small Project Procedures and agrees with the established setbacks. Vote 5-0, Unanimous. A motion to approve the Small Project as proposed and recommended is made by Mr. Lynch, seconded by Mr. Hale. 2023-11-15 Conservation Commission Minutes Page 3 of 10 Approved 12/13/2023 Vote 5-0, Unanimous. Documents Small Project Application with Supporting Materials 11 08 23 Request for Determination of Applicability 922 Dale Street (McCarthy) The Administrator presents the proposal for the demolition of a section of an existing barn (annex). The annex is 67-feet long with approximately 40-feet located within the Buffer Zone. Based on staff measurement the closest point of the annex is 60-feet from the wetlands. The structure is supported by cinder blocks and wood piles with the bottom of the structure above ground level. Salvaged barn wood will be stockpiled to the west (outside of the Buffer Zone) and used to help improve the remaining portions of the barn interior. Additional waste material will be temporarily stored to the west and taken off site for proper disposal. The ground area underneath the annex will be seeded and allowed to revert to its natural state. Erosion controls are proposed. She recommends issuing a Negative Determination #3 with conditions requiring erosion controls to be installed no closer than 50-feet from the BVW and pre and post construction inspections. Mr. Hale states he would prefer for the annex to be demolished from the driveway side (west side) pulling materials away from the wetland. Mr. Lynch confirms that the plans are old and are being used for reference only and questions an image in one of the photos. He inquires if they intend to restore the land beneath the annex once the structure has been removed. Joseph McCarthy, the Applicant states the image in the photo is a drainage pipe for the roof gutters. The corrugated pipe will be removed when the annex is demolished, no grading is proposed. The antique barn and annex are directly attached to one another with a wall between the two. The outside wall will be stabilized by the contractor. Once the annex is removed the wall will be reinforced. The Administrator states the pipe does not extend beyond the annex. Once the structure is removed the area will be seeded and allowed to grow back naturally. Mr. Mabon states erosion controls should be placed directly between the work and the wetland line. The Commission agrees this permit will only be for the demolition of the annex, no ground disturbance will be permitted. Any additional work will require another filing. A motion to close the hearing and issue Negative Determination #3 with conditions as recommended and discussed is made by Mr. Mabon, seconded by Mr. McDonough. Vote 3-2, (In Favor: Mabon, McDonough, Hale, Opposed: Napoli & Lynch). Documents 20231005_105815, 20231005_105827, 20231005_105907, RDA Application with Supporting Materials 10 16 23 Request for Determination of Applicability 45 Hollow Tree Lane (Feeney) The Administrator presents the proposal for the installation of three 120-gallon propane tanks to replace the located within the 50-foot NBZ. Per staff measurement the closest pad will be 19.5-feet from the BVW. The location was chosen by the contractor since the tanks must be 10-feet or less to the existing boiler. She recommends issuing a Negative Determination #3 with conditions requiring mitigation plantings between WF 1A and 2A and wetland markers. The Commission discusses the 10-foot setback and questions if the contractor has provided any documentation and whether the NAFD has reviewed the proposed location. Brian Feeney, the Applicant states that documentation was not provided; it was part of the quote from the company in terms of the location. The Commission discusses the proposal and agrees the waiver request has not been met, a more detailed alternatives analysis is required. 2023-11-15 Conservation Commission Minutes Page 4 of 10 Approved 12/13/2023 A motion to continue to December 13, 2023, is made by Mr. McDonough, seconded by Mr. Lynch. Vote 5-0, Unanimous. Documents (11-2-2023) Updated-FINAL-RDA Plan, KCUK2955, RDA Application with Supporting Materials 10 19 23 1, RWFD6137, Tank Location Plan - 45 Hollow Tree Lane, WCJU4134 Request for Determination of Applicability 1475 Turnpike Street (Mbuyi) The Administrator presents the proposal for a driveway rehabilitation and expansion project. The proposed expansion will allow for a turnaround area to safely exit onto Turnpike Street. She does not believe a waiver request is required. The expansion area is on the other side of the driveway away from the wetland between the 25-foot NBZ and 50-foot NBZ. The contractor and Applicant are present for questions. The Commission agrees a waiver request is not required. The Administrator recommends issuing a Negative Determination #3 with conditions requiring all reclaimed asphalt and excavated materials be removed immediately, no stockpiling, erosion controls and pre and post construction inspections. A motion to close the hearing and issue Negative Determination #3 with conditions as recommended is made by Mr. Lynch, seconded by Mr. Hale. Vote 5-0, Unanimous. Documents 1475 Turnpike Aerial with wetland measurements, IMG_1189, IMG_1190, IMG_1191, RDA Application with Supporting Materials 11 02 23 Modification 242-1873, 84 Candlestick Road (Yates) The Administrator provides background information on the OOC issued in September of 2023. The Applicant is seeking a modification to extend the patio an additional 11-feet (120-sq ft) to the westerly side of the proposed patio. The extension is entirely outside of the 50-foot NBZ. Will Schkuta, The Morin-Cameron Group is present for questions. A motion to approve the modification as proposed is made by Mr. Mabon, seconded by Mr. McDonough. Vote 5-0, Unanimous. Documents 2894 Modification Request, APPROVED Site Plan_Rev 9-1-2023_COLORED, Site Plan Rev 11.3.23 Notice of Intent (NOI) & Enforcement Order/Violation 242-1859, 0 Turnpike Street (Middleton Farms, LLC) The Chairman acknowledges that there is an open Enforcement Order on the property. The Administrator states the project engineer has provided feedback relative to the stormwater standards. In his response letter he notes that the MA Stormwater Regulations require a 50-foot setback and Title 5 requires a 25-foot setback; the proposal maintained these setbacks. Copies of the SWPPP inspections have been provided as requested at the last meeting. Mr. Lynch questions if the setbacks prevent sidewall/groundwater breakout. Peter Blaisdell, Williams & Sparages states they went with 50-feet separation since this is what MA Stormwater Regulations require. The Middleton Conservation Commission issued an OOC on November 1st and North Andover Planning Board issued a decision on September 19th. They are still waiting for Middleton Zoning Board of Appeals to issue a decision. Both North Andover DPW and Middleton DPW are trying to work out the details on how to connect the water in front of the property. Mr. Lynch states since the water connection does not fall under the Commissions purview. A motion to continue to December 13, 2023, is made by Mr. Lynch, seconded by Mr. Hale. Vote 5-0, Unanimous. 2023-11-15 Conservation Commission Minutes Page 5 of 10 Approved 12/13/2023 NOI Documents 0 Turnpike SWPPP reports, 01-11-2023 Meeting Materials, 06-14-2023 Meeting Materials, 09-27-2023 Meeting Materials, Response to Con Com questions Enforcement Order Documents 01-11-2023 Meeting Materials, 03-08-2023 Meeting Materials Notice of Intent (NOI) 242-1869, 674 Turnpike Street (Yamin) The Administrator states the Applicant has requested a continuance. A motion to continue to December 13, 2023, is made by Mr. Mabon, seconded by Mr. McDonough. Vote 5-0, Unanimous. Documents Email from moyamin@yahoo.com requesting a continuance until 12/13/2023 Notice of Intent (NOI) 242-1876, 492 Sutton Street (Lawrence Airport) The Administrator states the Applicant has requested a continuance. A motion to continue to December 13, 2023, is made by Mr. Mabon, seconded by Mr. McDonough. Vote 5-0, Unanimous. Documents Email from dom.zazzaro@stantec.com requesting a continuance until 12/13/2023 Notice of Intent (NOI) 242-1878, 30 Anne Road (Vidal) The Administrator states at the previous meeting the NACC agreed that the NOI/OOC will only cover the sewer connection work. Any other site improvements will require a separate application. A dewatering detail has been added to the plan per the Commission's request. A notation has been added to the plan that the force main will be sleeved over the length of the culvert to ensure frost protection. The rest of the main will be insulated if cover is less than 3-feet. Aleksandr Chongris, Chongris Engineering states dewatering is not anticipated as all work is above the water table. Mr. Hale states the NACC typically requires dewatering to be in place prior to construction. Mr. Lynch requests the sleeve be extend over the culvert to 4-feet beyond either side limit. Mr. Napoli requests that the dewatering area be installed prior to the pre construction meeting. Mr. Chongris states the grant of easement is in the process of being drafted by the attorney. The Commission discusses the easement and agrees the Order of Conditions will be issued against the property only, not the easement. They also agree that the easement issue must be cleared up and recorded prior to closing the hearing and issuing an Order of Conditions. A motion to continue to December 13, 2023, is made by Mr. McDonough, seconded by Mr. Lynch. Vote 5-0, Unanimous. Documents 10-25-2023 Meeting Materials, 23.166 30 ANNE ROAD NORTH ANDOVER NOI PLAN_rev1, NACC Worksheet, WAIVER REQUEST Notice of Intent (NOI) & Enforcement Order/Violation 242-1879, 241 Massachusetts Avenue (Ryti) The Chairman acknowledges that there is an open Enforcement Order on the property. The Administrator states plan changes include flag adjustments, extended erosion controls, wetland markers, no mow zone, modified play area, modified rear deck stairs. An existing EO is in place to allow for immediate stabilization of the eroded driveway. The EO will remain open until the headwall has been addressed. 2023-11-15 Conservation Commission Minutes Page 6 of 10 Approved 12/13/2023 Will Schkuta, The Morin-Cameron Group states compacted gravel will be placed for interim stabilization. The Applicant will permanently stabilize the driveway in the spring. Mr. Lynch confirms the Department of Public Works has agreed to assist. Mr. Mabon questions how the site is currently. Mr. Schkuta states he has not visited the site recently, however conditions seem to have stabilized. A motion to close and issue in 21 days is made by Mr. Lynch, seconded by Mr. Hale. Vote 5-0, Unanimous. NOI Documents 10-25-2023 Meeting Materials, 4232 Site Plan_Rev 11-3-2023, Transmittal_Revised Plan EO Documents 10-25-2023 Meeting Materials, Amended EO 11 09 23 - 241 Mass Avenue Notice of Intent (NOI) 242-1875, 101 Colonial Avenue (Bhatia) 8:49p.m. The Field Inspector leaves the meeting. 8:51p.m. The Field Inspector rejoins the meeting. The Administrator presents the proposal for the installation of geothermal wells to replace the current energy source. The wells will be approximately 84-feet from the BVW, and trenching for the connection to the house approximately 46-feet from the BVW. All work is within the existing lawn area. The existing a/c condenser will be removed and a new air source heat pump installed inside of the house. Hannah Kowalski, Dandelion Energy states the depth of the well will be approximately 300-feet with a 2- foot deep connection trench. Exterior work is typically done in two phases: geothermal drilling and trenching. She explains the drilling and trenching processes stating there is no interaction between the geothermal loop and the water table. If a leak were to occur an error message will be sent and the system will shut down. The project is typically done on a weekend and the trench backfilled with existing materials; clean material can be sourced if required. Two different erosion control plans (drilling and trenching) have been provided, both sets of silt fencing can be set up for one construction inspection if preferred. Silt fencing is proposed as it provides additional protection. A steel container will be placed in the driveway for cuttings to be discharged to. A silt bag will be used if they have an artesian well to filter the slurry allowing the clean water to drain out. Mr. Hale agrees trenched silt fence is a good choice and requests it be called out on the plan. He states that the supporting documents which speak to a WPA exemption are for temporary exploratory borings not permanent ones. Ms. Kowalski acknowledges that just because the regulations say one thing does not mean they can do whatever they want. Mr. Lynch recommends installing the silt fence first and then using a hay bale while the well is being drilled. He requests all of the erosion controls be shown on one plan as well as the proposed silt bag location. He also requests utilities be labeled as existing on the plan. Ms. Kowalski suggests placing the dewatering area on the corner of the yard as far away from the Buffer Zone as possible, however she would like a chance to double check the steepness of the grade first to prevent icing. Mr. Napoli questions if any groundwater comes up out of the casing during drilling. Ms. Kowalski presents a photo showing how drilling water/slurry gets sucked up into the drill cutting tube. artesian well until the drilling process has started. Due to the shallow trench, materials are usually placed off to the side and then pushed back in when trenching is complete. Back filing usually occurs within 48-hrs. The well diameter is approximately 4 to 6-inches with ¼-inch tubing. Once the steel container is almost it will be switched out for a new container so drilling may resume. Mr. Napoli requests a stockpile location be shown on the plan. Kunal Bhatia, the Applicant questions the procedure for continuing the meeting as he will not be present at the next meeting due to travel. 2023-11-15 Conservation Commission Minutes Page 7 of 10 Approved 12/13/2023 The Administrator states a decision must be drafted for the NACC to vote on at the next meeting. Typically, the Order of Conditions is issued several days after the meeting, at this point a 10-business day appeal period will start. After the appeal period has expired all pre construction requirements must be met prior to the start of work. Mr. Lynch states per MassDEP regulations the order must be issued with 21-day of closing the public hearing, since the next meeting is more than 21-day the item must be continued. Mr. Bhatia requests to present a letter to the Commission. Mr. Lynch believes it is out of order for letter to be heard during the public hearing unless it is directly related to the agenda item. He suggests the Applicant provide the letter to the NACC so it can be discussed as a general item at a following meeting if the Commission decides it warrants discussion at a meeting. Mr. Bhatia states per the Administrator suggestion he composed a letter regarding his concerns pertaining to the permitting process for clean energy projects. He expresses concerns that an existing subdivision Order was required to be closed with a Partial Certificate of Compliance prior to filing this project and that the NACC required an NOI vs an RDA. Mr. Lynch states the NACC needs to consider the local bylaw as well as state regulations. All projects are extensive permitting than others. Mr. Bhatia provides a copy of the letter to the Administrator. Anthony Onello, 112 Colonial Avenue states he is in favor of the project. Adam Bagni, 92 Colonial states is in favor of the project and questions if projects like this can be streamlined. Mr. McDonough explains that disclosed on the agenda ahead of time. Mr. Hale explains that streamlining the process would require a parallel effort between MassDEP and the NACC due to the Town Bylaw and State Regulations, closing out Certificates of Compliance is a State Regulation. He states this is a great project however the NACC is bound by regulations. Jack Ferres, 31 Oxbow Circle states he is in favor of the project. Alex Drinan, 104 Colonial Avenue states he is in favor of the project and expresses concerns with how challenging the process can be. A motion to continue to December 13, 2023, is made by Mr. McDonough, seconded by Mr. Lynch. Vote 5-0, Unanimous. Documents 1. NOI application - signed version, 1. NOI application, 1A. Project description, 1B. NOI Additional Owner Information Form, 2. Site plan (reduced size), 2A. Simplified site plan documents, 2B. Misc Site plan maps(reduced size), 3. Certified abutters list 10 23 23, 3. Certified abutters list, 5. USGS Topomap, 7. BVW Data Sheet, 8A. Supporting docs - Cammachio Rigs, 8B. Supporting docs - DEP minor activities email, 8C. Example Photos, 101 Colonial Site Pics, Cammachio Rigs Notice of Intent (NOI) 242-1880, 0 Boston Street (Sullivan) The Administrator presents the proposal for a new single family house, driveway, utilities and septic system. The wetlands are located off property, across Boston Street and off property at the northerly tip. Work in the Buffer Zone to the Boston Street wetland entails construction of a portion of the house, driveway, front walkway, utilities and grading. No new structures or paving is proposed within the 50-foot NBZ. No work falls within the Buffer Zone to the northerly wetland. A majority of the house and all of the proposed septic system and associated grading is located outside of the Buffer Zone. The wetland delineation was reviewed and found to be accurate. She recommends erosion controls be extended to envelope the entire frontage of the lot along Boston Street. Mr. Lynch requests a physical street address be provided for the Order of Conditions. He expresses concerns that the berm on the south easterly side of the property will channel water to the street. He questions how they propose to contain/manage the water on the site. 2023-11-15 Conservation Commission Minutes Page 8 of 10 Approved 12/13/2023 Tom Schomburg, Civil Design Consultants states groundwater on the site was approximately 30 to 40- inches. The proposal matches the existing hydrology in terms of area draining to Boston Street, there will be a slight increase however there are no measures to mitigate additional stormwater. He believes that country drainage starts at the lot before 0 Boston Street. Due to a well-defined crown in the road, he does not believe water crosses the street to the wetland. Mr. Lynch requests they consider a treatment area in the southeastern corner to function as a water quality structure. John Dussault, 515 Boston Street expresses concerns with flooding on his property. He questions if he can build up the land between his property and the project site. Mr. Lynch states the project is exempt from stormwater standards. He states the land may be built up however if property is jurisdictional, he must come before the NACC for permitting. Mr. Schomberg states the majority of the site will drain to Boston Street as existing or to rear wetlands as existing. They have reduced the amount of grading to prevent runoff to other properties. He understands the abutters' concerns and agrees it could affect the property. Mr. Napoli recommends the abutter speak with the project engineer to address any concerns. The Administrator questions if the grading to the north and east of the house is necessary. Mr. Schomberg states grading is required to meet the existing topography along this side of Boston Street. Mr. Lynch suggests installing a treatment swale along the edge and draining it to the rear of the property. A motion to continue to December 13, 2023, is made by Mr. McDonough, seconded by Mr. Mabon. Vote 5-0, Unanimous. Documents 2023.11.02 - Wetland Permitting Plans, L_110223_NACC - NOI, Notice of Intent Application_rev. Enforcement Order/Violation 416 Abbott Street (Letourneau) The Administrator states erosion controls have been installed and that they intend to submit an application to be heard for the December 13th meeting. No action is required at this time. Documents 08-23-2023 Meeting Materials, 08 24 23 Enforcement Order - 416 Abbott Street Enforcement Order/Violation 74 Autran Avenue (Alva & Lafleur) The Administrator provides background on the violation letter issued to 74 Autran Avenue after the severe The Field Inspector states they allowed Heritage Green to remove some of the debris. The Commission discusses the violation. No action taken. Documents Email from meredith@attorneymeredithfine.com requesting a continuance until 12/13/2023 Enforcement Order/Violation 863 Winter Street (DeCamargo) The Administrator provides background on the revised EO. The fines were stopped on November 8th when the removal and restoration plan was received. The removal and restoration plan, narrative and existing conditions plan have been provided to the NACC for review. Maureen Herald, Norse Environmental states aerial photographs were provided showing this area was historically maintained as a lawn area. The aerial 2017 shows a patio area behind the house that was constructed by the previous homeowner. They are proposing to restore the 25-foot NDZ by removing the mulch and hardscape, applying a wildlife seed mix and installing shrubs to restore the herbaceous layer. Posts with wetland markers are proposed to mark the 25-foot NDZ. Given the time of year the restoration 2023-11-15 Conservation Commission Minutes Page 9 of 10 Approved 12/13/2023 work is proposed to be conducted in May 2024. A stockpile area is shown on the plan, outside of the 50-foot NBZ, inside the 100-foot Buffer Zone. A Notice of Intent will be filed by March 2024 for the installation of an inground swimming pool and hardscape items. Celio DeCamargo, the homeowner is present. Mr. Napoli expresses concerns that violation is outstanding when the original EO was issued in May 2023. He is in favor of removing the items in the 25-foot NDZ and 50-foot NBZ and having the site stabilized asap. Ms. Herald expresses concerns about erosion if restoration work is undertaken at this time of year. Mr. McDonough requests a stonewall barrier at the 25-foot NDZ. He states if restoration work to take place under the EO occurs in May 2024, procedurally the Commission would not deliberate/rule on an NOI with an open EO. The Administrator recommends amending the EO requiring the removal and restoration be completed by May 31, 2024, erosion control pre construction inspection, 2-year growing season for plant monitoring with 75% plant survivorship and invoices for seed mix and plants. The Commission discusses the EO and agrees to have the Administrator draft an amended Enforcement Order as discussed to be voted on at the next meeting. Ms. Herald requests the Commission consider rescinding the fines. The Commission agrees the provision in the Enforcement Order has been satisfied. A motion to rescind the fines is made by Mr. Lynch, seconded by Mr. Mabon. Vote 5-0, Unanimous. A motion to continue to December 13, 2023, is made by Mr. McDonough, seconded by Mr. Lynch. Vote 5-0, Unanimous. Documents 05-24-2023 Meeting Materials, 06-28-2023 Meeting Materials, 07-26-2023 Meeting Materials, 09- 27-2023 Meeting Materials, 10-25-2023 Meeting Materials, 10-25-23 2nd Amended EO with Fines - 863 Winter Street, Aerial April 2005, Aerial April 2017, Amended EO Remaining Fines - 863 Winter Street 11 13 23, April 2022, As-Built Plan 11-16-99 #242-729, Marked-up Plan of Land 11-8-23, Norse Restoration Plan 11-8-23 Enforcement Order/Violation I-495 Southbound On-Ramp - Tractor Trailer Oil Release Mr. McDonough recuses from the discussion due to a conflict of interest. The Administrator states an IRA was provided. Contaminated soil is proposed to be removed via a combination of a mini-excavator and vacuum. Keith Sullivan, Clean Harbors states additional erosion controls will be installed prior to the start of work. They are proposing to shut down the on ramp, this will require a Traffic Management Plan to be reviewed by MassDOT. The IRA Plan has been submitted to MassDOT for review. Once the plan has been approved by MassDOT they will determine if the restoration work is done now or if they prep the slope and complete the work in the spring. A boom truck will be used to lift the mini-excavator onto the slope, it will also be used to lift bags of contaminated bags of materials from the site. He questions if the tackifier can be applied without grubbing the slope; grubbing is expected to take 2-days. Mr. Hale states would like the work performed asap, not in the spring. He confirms the tackifier can be applied without grubbing. Mr. Lynch agrees with Commissioner Hale that the work must be done asap. 10:23p.m. The Field Inspector leaves the meeting. Mr. Sullivan states work cannot be done until the proper permits have been obtained. The required materials might be submitted to MassDOT as early as next week. Mr. Lynch states the Commission will not allow contamination to migrate further into the soil, water column or river, should this happen the Applicant and company representing them will be responsible to deal with it on their own. 2023-11-15 Conservation Commission Minutes Page 10 of 10 Approved 12/13/2023 Mr. Sullivan states 75-gallons of diesel fuel and 10-gallons of motor oil were spilled on September 11th. Per the State, there are two regulatory dates; day 60 (November 10, 2023) and day 120 (January 9, 2024). However, the State does not require the work to be completed by this date. The more complex the spill the longer the clean up can take. 10:25p.m. The Field Inspector rejoins the meeting. The Administrator reviews the EO which requires actions to be carried out no later than January 1, 2024, with the exception of seeding which can take place in the spring. The Commission discusses the spill and expresses concern with how long the clean up is taking. Mr. Hale states an extension can be requested but may not be granted. A motion to continue to January 10, 2024, is made by Mr. Lynch, seconded by Mr. Hale. Vote 4-0-1, (In Favor: Mabon, Napoli, Lynch, Hale, Recused: McDonough). Documents 10-11-2023 Meeting Materials,2023 11 10 Conservation Notice Clean Harbors, 2023 11 10 IRA Plan, 2023 11 15 Conservation Commission Update, EO - Regency Transportation, Rt. I-495 TT Spill Decision 242-1879, 241 Massachusetts Avenue (Ryti) The Administrator reviews the draft Order of Conditions. A motion to adopt the Order of Conditions as drafted by Mr. Mabon, seconded by Mr. Lynch. Vote 5-0, Unanimous. General/New/Old Business Approval of 2024 Conservation Calendar The Commission reviews the draft calendar. A motion to adopt the 2024 Conservation Calendar as drafted is made by Mr. McDonough, seconded by Mr. Hale. Vote 5-0, Unanimous. Documents 2024 Calendar with Proposed Meeting Dates, 2024 Meeting Dates Adjournment A motion to adjourn at 10:37 p.m. is made by Mr. McDonough, seconded by Mr. Hale. Vote 5-0, Unanimous. 2023-11-15 Conservation Commission Minutes