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HomeMy WebLinkAbout2024-03-27 Conservation Commission Minutes Page 1 of 5 Approved 0411012024 North Andover Conservation Commission Meeting Minutes March 27,2024 Members Present: Marissa Valentino, Bradley S. Mustain, Sean F. McDonough,Albert P. Manzi, Jr.,Vice Chairman, John T. Mahon, and Joseph W. Lynch Members Absent: Louis A. Napoli, Chairman Staff Members Present: Amy Maxner, Conservation Administrator and Justine Fox, Field Inspector Meeting came to Order at. 7:03 p.m. Quorum Present. Pledge of Allegiance Acceptance of Minutes • A motion to accept the minutes of February 28, 2024&March 13, 2024 as drafted and revised is made by Mr. Lynch, seconded by Mr. Mustain. • Vote 5-0,Unanimous. Certificate of Compliance 242-1753,247 Chickering Road(Enterprise Bank) • Sarah Simon, GPI states all required documentation has been provided. • The Administrator states in June 2019,the OOC was issued to govern the demolition of a 2-story building and construction of a new I-story building with associated features, including a drive-thru and parking. The project also involved stormwater management and restoration of the 25-foot NDZ. The work has been completed, and the bank is now operational. The required stone wall and native shrubs have been installed, and the plantings are thriving. Stormwater management measures have been inspected and found satisfactory. Snow signage has also been installed without any issues. • 7:06 p.m. Mr. McDonough joins the meeting. • Mr. Lynch requests the consultant speak with Applicant about recalibrating the rain gage to prevent unnecessary sprinkler activation. • A motion to issue a full and final Certificate of Compliance with ongoing conditions is made by Mr. Lynch, seconded by Mr. Mahon. • Vote 6-0,Unanimous. Documents 247 Chickering Road-Illicit Discharge Statement, 247 Chickering Road-Infiltration Inspection Report, 247 Chickering Road-Request for Certificate of Compliance, 20231017 151551, 20231017 151852, Certificate of Compliance Checklist 10 28 21, COC Letter From GPI, Enterprise-North Andover COC Request, Enterprise Bank As-Built Plan 7-21-21 REV 3-12-24, Norse Plant Memo 11-7-23, wpafrm8a Certificate of Compliance NACC#240,505 Sutton Street(Sutton Street Dev.) • Alex Loth, Sutton Street Development is present on behalf of the Applicant. • The Administrator states in October 2019,the OOC was issued under the Bylaw, governing the demolition of a building and proposed construction of a 136-unit apartment complex. The project included parking, grading,utilities, stormwater management,patios and walkways, and landscaping. Some work took place within the 100-foot Buffer Zone near an off-site isolated vegetated wetland,but no structures were built within the 50-foot NBZ. The required stone wall was constructed prior to the start of work. Documentation showing the stormwater BMPs have been inspected and cleaned has been provided. • Alex Loth, Sutton Street Development is present on behalf of the Applicant. The Town has a copy of the contract with the engineering firm for system inspections. The last inspection was done in May 2023, the next inspection will occur in April. 2024-03-27 Conservation Commission Minutes Page 2 of 5 Approved 0411012024 • Mr. Mustain questions if the maintenance log and schedule has been provided. • Ms. Valentino questions if the O&M includes the frequency of the cleanings required. • The Administrator confirms the O&M Plan included log sheets,requirements for the BMPs are included in the O&M Plan. Evidence of inspection within the last 6-months has not been provided. • Mr. Loth states he does not have any evidence of a fall inspection. • Mr. Lynch states the NACC holds little jurisdiction over the site, site drainage is diverted away from Chickering Road towards Sutton Street. He believes if the NACC gets the O&M report,the materials will be complete. • The Commission requests the Applicant have the BMPs inspected, cleaned and the log complete prior to a COC being issued. • Mr. Loth requests a continuance to the April 10th meeting. • A motion to April 10,2024,is made by Mr. Mr. Lynch, seconded by Mr. Mustain. • Vote 6-0, Unanimous. Documents 505 Sutton Street As-Built 2024-03-21, 3454 Final As Built 2023 06-06, Certificate of Compliance Checklist 10 28 21 (002), OOC Bylaw Only #240 RECORDED, OOC Request-Sutton Street Development LLC 2024- 02-27, wpgkm8a Request for Determination of Applicability 922 Dale Street(McCarthy) • Mr. Manzi recuses from the discussion due to a conflict of interest, and Mr. McDonough steps in as Chair. • The Administrator states in November 2023, a barn annex was demolished, and now the Applicant wants to level the depressed area underneath where the annex was removed(1,200-s.£)by adding about 20-cubic yards of topsoil. The area will be seeded with native seed mix. Existing erosion controls are in good condition and will suffice for the proposed grading work. It is recommended to hold a pre-construction meeting to ensure erosion controls are in place and to search for any Asiatic jumping worms in the topsoil sources. The Conservation Department will provide the native seed mix specification, and erosion controls must remain until their removal is approved by staff. • Mr. Lynch voiced grading concerns during the barn annex review,but the Applicant denied the need for grading. He believes an NOI should have been filed instead for the proposed work. • Mr. Mabon questions the soil screening process for Asiatic jumping worms. • The Administrator states the behavior of the Asiatic jumping worm is easy to detect. • The Field Inspector recommends thorough cleaning of shoes and gear to prevent transfer of small eggs as controlling them is difficult. • Joseph McCarthy,the Applicant states soils will be provided by Peter Breen. He states once the barn annex was removed the area was an eye soar and breeding ground for mosquitoes. • The Commission agrees the topsoil must be certified and free of any Asiatic jumping worm and invasive species (animal or vegetable). • A motion to close the hearing and issue Negative Determination#3 with conditions as recommended and discussed is made by Mr. Mabon, seconded by Ms. Valentino. • Vote 4-1-1, (In Favor: Valentino,Mustain,McDonough, Mabon, Opposed: Lynch,Recuse& Manzi). Documents RDA Application with Supporting Materials 03 05 24 Request for Determination of Applicability 60 Raleigh Tavern Lane(Rogers) • The Administrator states the Applicant has requested a continuance. • A motion to continue to April 10, 2024, is made by Mr. McDonough, seconded by Mr. Mabon. • Vote 6-0,Unanimous. Documents Email from.acksu1153 a)comcast.net requesting a continuance until 0411012024 2024-03-27 Conservation Commission Minutes Page 3 of 5 Approved 0411012024 Request for Determination of Applicability 18-20 Johnson Street(Rosenberg) • The Administrator presents the project involving replacing a decaying wooden fence along a stream bank, which is partially formed by a stone retaining wall. There is a culvert on the left side of 18-20 Johnson Street that outlets directly into the intermittent stream. The current fence acts as a guard rail to prevent accidents near the 8-ft drop to the stream bed. A hand-operated post hole digger will be used for installation. Excavated soil will be stored in barrels during construction,which will be removed once the project is finished. A waiver has been requested due to the safety need for the fence. The Administrator recommends conditions including loam, and seed disturbed area and pre and post construction meetings. • Tim Quinlan, Quinlan&Rand Builders states the fence will be replaced with a PVC replica. • A motion to grant the waiver request as proposed is made by Mr. Lynch, seconded by Mr. McDonough. • Vote 6-0, Unanimous. • A motion to close the hearing and issue Negative Determination#3 with conditions as recommended is made by Mr. McDonough, seconded by Mr. Mabon. • Vote 6-0,Unanimous. Documents IMG 2191,IMG 2194, PDA Application with Supporting Materials 03 12 24 Notice of Intent(NOI) 242-1876,492 Sutton Street(Lawrence Airport) • The Administrator states the Applicant has requested a continuance. • The Commission discusses how to proceed with the information received from the downstream abutter's consultant. It is agreed that this will be determined during the next hearing at which discussion is held. • A motion to continue to April 10, 2024, is made by Mr. McDonough, seconded by Mr. Mabon. • Vote 6-0,Unanimous. Documents Email from dom.zazzaro(a)stanlee.corn requesting a continuance until 0 411 012 02 4 Notice of Intent(NOI) &Enforcement Order/Violation 242-1884,49 Court Street(Petrosino) • The Administrator states the Applicant has requested a continuance. • A motion to continue to April 10, 2024, is made by Mr. McDonough, seconded by Mr. Mustain. • Vote 6-0,Unanimous. Documents Email from lbuco2l a hohnail.com requesting a continuance until 0411012024 Notice of Intent(NOI) &Enforcement Order/Violation 242-1885,416 Abbott Street(Ziej a) • The Administrator states the Applicant has requested a continuance. • A motion to continue to April 10, 2024,is made by Mr. McDonough, seconded by Mr. Mustain. • Vote 6-0,Unanimous. Documents Email from Andrew(a oddardconsultin(,-llc.com requesting a continuance until 0411012024 Notice of Intent(NOI) 242-1886, Stevens Street ROW Culvert(North Andover DPW) • The Administrator presents the proposal for a culvert repair. The twin 48" RC culvert pipes connecting Stevens Pond to Mill Pond are structurally sound, except for separation at their joint seams. This will be repaired using cured-in-place pipe lining(CIPP). The deteriorating concrete slabs and stone masonry headwalls will be replaced with new concrete structures of the same size. Approximately 115-1f of the surrounding roadway on each side of the culvert will undergo full depth reconstruction and repaving,while 2024-03-27 Conservation Commission Minutes Page 4 of 5 Approved 0411012024 the remaining sections of roadway leading to Harkaway and Pleasant will receive mill and overlay paving. New steel guardrails will also be installed. To address stormwater ponding and improve conveyance,new French drains will be installed parallel to Stevens Street in the Harkaway direction. Plans indicate a maximum footprint for the proposed cofferdam, and the anticipated construction sequence is outlined. Vegetation, loose gravel, chunks of asphalt, and unsuitable materials will be removed along the banks and roadway shoulders to facilitate construction access. The project will impact a total of 215-1f of the bank, which will be replaced. The Applicant is seeking Limited Project Status under the State Regulation provisions, due to the bank disturbance exceeding the allowable threshold. A wildlife habitat evaluation is also being requested for a waiver. The CIPP lining will slightly reduce pipe diameters,resulting in a decrease in outflow and a slight increase in headwater elevation and velocities. The temporary disturbance of approximately 4,500-sq ft of land under waterbodies/waterways is within the threshold, and other performance standards for this resource will be addressed in the Regulatory Compliance narrative. The anticipated temporary alterations of approximately 15,000-sq ft of Bordering Land Subject to Flooding will be replaced at the same elevations. Limited Project Status is being requested for this resource,with a waiver from the wildlife habitat evaluation requirement due to the nature of the area. • Matthew Coughlin, Tighe&Bond states a culvert inspection found concrete intact, slight pipe separation, and sediment release under traffic vibrations. Standard dewatering methods will be used during construction, with excess water pumped and treated in a straw bale-lined sediment trap. The disturbed area will be restored after construction. Due to the pipe size, concrete cure time is expected to take several days. • Mr. Lynch inquiries about large storm events and management of these conditions during work. Details on securing the coffer dam,pumping location, and controls for discharge will be required. • Mr. Coughlin states drawdown plans changed due to Stevens Pond beach impacts. Overflow may be relieved by the existing 24-inch bypass pipe and there may be some control upstream at Lake Cochichewick. Another option would be to flood the excavation if they haven't done the work yet. These options still need to be discussed with the Town. Uncertain bedrock may prevent proper sheet pile installation, so a porta dam system is being suggested. • Julia Novotny, Tighe&Bond states the dewatered water, with sediment removed,will be pumped through a silt sack from Stevens Pond to Mill Pond. • Mr. Lynch states the NACC must issue an Order of Conditions specifying contractor obligations, including approved means and methods and locations. • Mr. Mabon questions the construction timeline details. • Mr. Coughlin states the cofferdams will remain to construct concrete headwalls,repair nearby stone work, and backfill the road at highwater area. The entire project will require around 60-days. • The Commission discusses stream crossing standards; the project is not subject to them. • Ms. Valentino queries the bank's protection against the new French subdrain outlet and pipe;to be shown on the plan with elevations. She questions if there's potential to add extra filtering stones to remove roadway pollutants and prevent erosion. • Mr. Coughlin will confirm this is a subsurface drain that ends at the bank, not outlets into the pond. The aim is to set up a flow path to help water drain towards a perforated pipe for a quicker recharge. • The Administrator justifies the wildlife waiver as suitable for the filing. The proposal does not trigger the land underwater threshold(at 4,500-s.£,with the trigger being 5,000-s.f.). • Mr. Lynch states that the 4,500-s.f. is too close for comfort. The Commission needs to know how that footprint will be restored and how successful restoration will be determined. • No abutters are present. • Ms.Novotny requests more time to follow up with DEP as no technical comments have been received yet. • A motion to continue to April 24, 2024, is made by Mr. McDonough, seconded by Mr. Lynch. • Vote 6-0,Unanimous. Documents Alt. Anal. and Regulatory Compliance Narratives, Hydrologic and Hydraulic Analysis, Intro, Existing Cond. Narrative, Maps, MassDEP Stormwater Checklist and BMPs Narrative, Photo Log Plan Set, Project 2024-03-27 Conservation Commission Minutes Page 5 of 5 Approved 0411012024 Description, REVISEDF N1093-016-Full Set-202403211 Stevens Street Culvert NOI-final—reduced, Waiver Req. Adjournment • A motion to adjourn at 8:15 p.m. is made by Mr. McDonough, seconded by Mr. Lynch. • Vote 6-0,Unanimous. 2024-03-27 Conservation Commission Minutes