HomeMy WebLinkAbout2024-04-10 Conservation Commission Minutes
Page 1 of 6
Approved 04/24/2024
North Andover Conservation Commission Meeting Minutes
April 10, 2024
Members Present: Marissa Valentino, Bradley S. Mustain, Louis A. Napoli, Chairman, Albert P. Manzi, Jr.,
Vice Chairman, Joseph W. Lynch and John T. Mabon
Members Absent: Sean F. McDonough
Staff Members Present: Amy Maxner, Conservation Administrator and Justine Fox, Field Inspector
Meeting came to Order at: 7:02 p.m. Quorum Present.
Pledge of Allegiance
Acceptance of Minutes
A motion to accept the minutes of March 27, 2024 as drafted is made by Mr. Lynch, seconded by Mr. Manzi.
Vote 6-0, Unanimous.
Certificate of Compliance
NACC #240, 505 Sutton Street (Sutton Street Dev.)
The Administrator states the Applicant has requested a continuance.
A motion to continue to April 24, 2024, is made by Mr. Manzi, seconded by Mr. Lynch.
Vote 6-0, Unanimous.
Documents
Email from ALoth@mincocorp.com requesting a continuance until 04/24/2024
Certificate of Compliance
242-1834, 35 Hollow Tree Lane (Nugent)
The Administrator states in January 2022, the OOC permitted the replacement of a failed septic system in
the front of the house. In November 2022, the OOC was modified to allow the demolition of a rear deck and
the construction of a new screened porch, deck, and stairs. A waiver was granted for the work in the 50-foot
NBZ, with the new structures encroaching by 101-s.f. Restoration work was done within the 25-foot NDZ,
and the Board of Health has issued a certificate of completion for the system. Work is complete, the site is
stable, plantings are doing well and wetland markers have been installed.
Mr. Mabon expressed concern about wording in the compliance letter from engineer/surveyor.
The Commission reviews COC requirements, the Commission cautioned about weak certification language
A motion to issue a full and final Certificate of Compliance with ongoing conditions is made by Mr. Lynch,
seconded by Mr. Mustain.
Vote 6-0, Unanimous.
Documents
As-Built Plan - 35 Hollow Tree Lane, Certificate of Compliance Request - 35 Hollow Tree Lane
Certificate of Compliance
242-1848, 463 Winter Street (Birch Lane LLC)
The Administrator states the Applicant has requested a continuance.
A motion to continue to April 24, 2024, is made by Mr. Manzi, seconded by Mr. Lynch.
Vote 6-0, Unanimous.
Documents
Email from tom@thomasmannetta.com requesting a continuance until 04/24/2024
2024-04-10 Conservation Commission Minutes
Page 2 of 6
Approved 04/24/2024
Small Project
NACC #323, 69 Milk Street (Greater Boston Roofing)
The Administrator presents the proposal to refurbish and expand the rear deck and stairs, including
removing old boards and railings, installing composite decking, framing an extension, adding 3 footings and
stairs landing, and installing structural elements. The deck joists will be adjusted accordingly. The expansion
will be 57-feet from the wetland edge. The Administrator suggests issuing a Small Project "A" with
conditions, such as pre and post-construction inspections, and proper disposal of excavated soil away from
the wetland.
The Contractor states due to the addition of composite decking they will be sistering the existing joists.
Mr. Lynch.
Vote 6-0, Unanimous.
A motion to approve the Small Project as proposed with conditions as recommended is made by Mr. Manzi,
seconded by Mr. Lynch.
Vote 6-0, Unanimous.
Documents
69 Milk Street 03-13-24 Pics,69 Milk Street Small Project Permit Application 03-28-24, Deck Plans - 69
Milk, Plot Plan with Wetland measurement 69 Milk, Signed Updated Contract 69 Milk St North Andover,
Updated Decking Plan 69 Milk Street North Andover
Request for Determination of Applicability
60 Raleigh Tavern Lane (Rogers)
The Administrator presents the proposal for expanding an existing sunroom/porch with a new attached
sunroom, supported by three "big foot" footings. It will have stairs, a 4x4 landing, and a crushed stone drip
edge for new roof runoff. The new sunroom is 85-feet from the BVW. The wetland line was inspected and is
accurate. Construction access is planned, with no heavy equipment needed as noted by the engineer. The
stockpile location is depicted on the plan outside the buffer zone. Pre and post-construction inspections and
removal of excess soil away from the wetland are recommended.
Protection of the septic system components are discussed. Mr. Mabon requests Staff be notified of any
modifications to the construction access.
Jack Sullivan, Sullivan Engineering explains that construction access must come across the front yard, no
soil stockpiling is proposed. The roof pitch on the addition will be the same as the house, a drip trench is
proposed.
Mr. Napoli recommends extending the erosion control line near the septic tank.
A motion to close the hearing and issue Negative Determination #3 with conditions as recommended and
discussed is made by Mr. Manzi, seconded by Mr. Lynch.
Vote 6-0, Unanimous.
Documents
60 Raleigh Tavern Lane_RDA for submittal, 60 Raleigh_02252024, 60 Raleigh_04012024, EMail J. Sullivan
- Re_ 60 Raleigh Tavern Lane, NA - Updated Plan
Abbreviated Notice of Resource Area Delineation
242-xxxx, 492 Sutton Street (NAAS Development, LLC)
The Administrator states the Applicant has requested a continuance.
A motion to continue to April 24, 2024, is made by Mr. Mabon, seconded by Mr. Manzi.
Vote 6-0, Unanimous.
Documents
Email from Andrew@goddardconsultingllc.com requesting a continuance until 04/24/2024
Notice of Intent (NOI)
242-1876, 492 Sutton Street (Lawrence Airport)
The Administrator provides a status update on where the third-party peer review stands at this point.
2024-04-10 Conservation Commission Minutes
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Approved 04/24/2024
Francisco Urena, Lawrence Municipal Airport is present for questions.
party peer review Bobrek Engineering on April 8, 2024. The letter mentioned agreement on most issues,
excluding two. A revised plan was submitted following third-party involvement. Bobrek believes the
unevaluated section of the stream needs modeling and inclusion in restoration. Stantec proposed a
downstream berm, but Bobrek insists on including the section. Stantec opposes connecting yard swales to
the airport stream due to complications and safety concerns. Bobrek suggests exploring flow diversion. The
Applicant wishes to proceed with revised plans based on Bobrek's feedback.
sponsibility to work on abutting properties.
Mr. Christensen states storm events were modeled with the berm in place and it can contain flow,
considering rainfall data.
Brendan Pyburn, Bobrek Engineering & Construction, agrees the upland berm is an improvement to the
stream section. However, they want to ensure the unevaluated section of the channel can handle the flow and
has been modeled accurately.
Mr. Christensen states obstructions decrease significantly as you reach the freeboard, resulting in fewer
obstacles than the ones observed at the bottom of the channel. If numbers show a rougher coefficient can
still contain a 100-year storm, is the berm enough?
Mr. Lynch states that modeling is insignificant when erosion occurs and vegetation accumulates over time,
gradually worsening. He believes it is a continuous cycle until the berm becomes inadequate.
Mr. Mustain states there are some side slopes that they need to worry about turbulence. He questions where
the neighborhood drained prior to the 2017 runway expansion project.
Mr. Christensen confirms the troubled model cross-section, where neighborhood drains lead to the wetland
and stream channels. However, he believes the runway project is unrelated to sediment and vegetation
changes. The relocated stream is stable and not linked to the proposed work. This problematic section dates
back to the airport's establishment in the 1940s.
Mr. Mustain would like the storm to pass through the channel with agreed-upon manning supply. He
questions if they agree with the contributing areas.
Mr. Pyburn confirms their agreement with modifications.
Ms. Valentino acknowledges the lengthy Army Corp permitting process but believes it's necessary for
project success. It's crucial to handle sedimentation issues upstream, which the filing fails to address,
focusing only on cleaning and fixing. She prefers re-running stream modeling in HecRas or alternative
software.
Mr. Christensen plans to use bioengineering to stop sediment from entering the site. The system can be
turned off during maintenance and turned on again in the future for lasting results. A culvert is used for
stronger storms, and there is a raised inlet that is activated during heavy rain.
Ms. Valentino confirms the runway drain pipe always flows through the drain; bypass used for everything
else. Additional capacity for overflow in large storm events: 24-inch vs. 30-inch pipes.
Mr. Lynch questions if there is some benefit to using the coir logs in that wetland.
Mr. Christensen states the elevated wetland above the airport stream channel is experiencing erosion, as
water from the red maple wetland is creating an unsustainable slope (stream bed terracing), contributing
sediment to the system.
Joe Peznola, Hancock Associates is present on behalf of 27 Charles Street LLC, has reviewed BEC's second
peer review letter regarding the Lawrence Municipal Airport Stormwater Improvements project. They suggest
investigating and discussing funding to mitigate the neighborhood ditch. The narrow ditch at 24 Poor has
widened due to high runoff velocities, as shown in the 41 monitoring reports by Stantec. The coir logs have
successfully contained the stream within the banks, except during the August storms. The issue at Grosvenor
can be addressed by connecting it to the stream cha
indicates that the neighborhood ditch exceeds the capacity of the pipe during a 25-year storm. The Town
Engineer has found that the drain pipe in Grosvenor was intentionally blocked off when the first section of the
street was constructed and was to be extended once the street was extended, but that never happened. An inlet
device can be installed to divert water to the stream, causing minimal impact to the BVW. Hancock
2024-04-10 Conservation Commission Minutes
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Approved 04/24/2024
Associates supports resolving permitting obstacles to discuss execution, funding, and preventing flooding.
They believe the water issue falls under the airport's responsibility and requests an investigation to initiate
dialogue with the Town and the airport.
Mr. Christensen states the airport never denied responsibility for water.
Mr. Peznola highlights the effectiveness of current temporary measures, but warns that they are not a lasting
solution due to the deteriorating coir logs. He seeks clarification on the long-term diversion plan and
emphasizes the importance of precise modeling. A year ago, issues were raised regarding flaws in the original
runway 5 project's modeling, particularly the accurate representation of the channel's cross-sectional area.
Addressing this could have allowed for reassessment of stream bed relocation. Mr. Peznola believes the
airport should be obligated to discuss and permit a long-term maintenance program.
Mr. Napoli would like to get the stream cross section corrected before the Town becomes involved with the
excess drainage from the dead-end streets.
Mr. Mabon emphasizes dealing with design and temporary coir logs for this project. However, if the Town
opts to install an inlet device to divert water to the stream, it should be handled as a separate matter.
Mr. Pyburn acknowledges the channel's immediate concern but suggests not completely ruling out diverting
water from Grosvenor due to workable topography and slope for the connection.
Mr. Lynch urges the Town to take leadership and to collaborate with the Applicant, possibly through an
easement on airport land, to address water management. He sees the potential in the project if properly
executed and sustained, viewing it as a solution to a problem solely on the Applicant's shoulders. The
Commission's involvement is restricted to the Enforcement Order and Notice of Intent. He suggests the
airport pursue maintenance of the channel and emphasizes the need for further modeling regarding its
topography and floor roughness/debris.
Mr. Christensen states the proposal aims to address additional wetland functions and values through planting
installations. The focus is on meeting the WPA and high-order permits. Expanding the project to connect the
former and new sections will be considered if required, but currently, they will remodel the proposed section
to ensure proper channel configurations and sufficient freeboard.
Mr. Lynch emphasizes recent rain events as motivation to advance the project without compromising its
potential. He proposes yearly inspections of the coir logs to the south of the red maple swamp as a condition
of the OOC.
Mr. Pyburn supports the proposed work, but wants the middle section of the channel to be addressed as well.
He suggests that the NACC approve the project, but conditionally require the middle section to be addressed
(restored) later. If the timeline for permits affects the downstream improvement, a separate permit for the
middle section could be obtained. He also recommends analyzing cross sections every 50-ft and at major
changes in the channel characteristics. Coir logs can be included in the project's O&M Plan with inspections.
Mr. Mustain agrees with Valentino, suggesting using HecRas instead of HydroCAD to analyze stream bends.
Ms. Valentino seeks a timeline for the permits needed if the airport elevates impacts.
Mr. Christensen explains that a formal O&M Plan is pending until further details are resolved, outlining its
proposed structure. Existing facilities and construction SWPPP are in place.
Mr. Lynch requests a sample of the O&M Plan in use for facility staff be submitted for review.
The Administrator states additional funds needed for continued third party peer review.
Tyler Franklin, 27 Charles Street LC, emphasizes urgency and quality for the project, with real-time impacts
on abutters.
Mr. Urena requests a continuance to the April 24th meeting.
A motion to April 24, 2024, is made by Mr. Manzi, seconded by Mr. Lynch.
Vote 6-0, Unanimous.
Documents
Meeting Materials 10-11-23, Bobrek 1st Comment letter 02-27-24, Bobrek 2nd Comment Letter 04-08-24,
Con Com Mtg Airport Stream Slides 20240410, Hancock 01-23-24 Drain Report2-reduce, Hancock 27
Charles -Letter to Conserv 04-09-24, Hancock Cover-Letter to Drainage Report, Hancock Cover-Letter to
Drainage Report, Hancock Cover-Letter to Drainage Report
2024-04-10 Conservation Commission Minutes
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Approved 04/24/2024
Notice of Intent (NOI)
242-1878, 30 Anne Road (Vidal)
The Administrator states the Applicant has requested a continuance.
A motion to continue to April 24, 2024, is made by Mr. Mustain, seconded by Mr. Mabon.
Vote 6-0, Unanimous.
Documents
Email from alek@chongrisengineering.com requesting a continuance until 04/24/2024
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 24, 2024, is made by Mr. Lynch, seconded by Mr. Manzi.
Vote 6-0, Unanimous.
Documents
Email from lbuco21@hotmail.com requesting a continuance until 04/24/2024
Notice of Intent (NOI) & Enforcement Order/Violation
242-1885, 416 Abbott Street (Zieja)
The Administrator states the Applicant has requested a continuance.
A motion to continue to April 24, 2024, is made by Mr. Mabon, seconded by Mr. Manzi.
Vote 6-0, Unanimous.
Documents
Email from Andrew@goddardconsultingllc.com requesting a continuance until 04/24/2024
General/New/Old Business
242-1766, Request for Extension, 1600 Osgood Street (aka 1450 Osgood Street) (Hillwood)
The Administrator states the Applicant is seeking an extension for the redevelopment of 1600 Osgood Street
- Amazon project. Due to COVID emergency tolling the OOC has an expiration date of May 27, 2024. Site
work is done, but some tasks remain. A request for a COC will be filed later this year, and a 1-year
extension is recommended as a precaution.
A motion to grant the 1-year extension is made by Mr. Manzi, seconded by Mr. Lynch.
Vote 6-0, Unanimous.
Documents
2024.03.20 - Amy Maxner Letter - Lot A B Permit Extension Request
General/New/Old Business
242-1732, Request for Extension, Pleasant Street - Stevens Pond (DPW)
The Administrator states the Applicant is seeking an extension for the Stevens Pond treatment program. The
2023 Year End Report on management efforts has been received. The original 5-yr Order, issued in May
2018, benefited from COVID emergency tolling, and is set to expire on August 18, 2024. The request is for
an additional 3-yrs without any changes from the approved plan. The Applicant is aware that because it was
a 5-yr OOC it may not be eligible for an extension.
Joe Onorato, Water & Wetland took over the project in 2023, managing invasive fan wart and water quality
using aluminum sulfate. They still use the same methods as in 2018, with only two approved herbicides.
Yearly reports are sent to the Conservation Department.
The Administrator states the only ongoing condition is manual pulling of non-native invasive plants.
Mr. Lynch request the contractor notify the NACC of any plan changes yearly.
Mr. Onorato states the phosphorus level in May 2023: 50 ppb, desired level 25 ppb. Alum is effective for
removing phosphorus. The July sample showed cyanobacteria presence.
Ms. Valentino worries about the NACC allowing indefinite conditions for chemical usage.
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Approved 04/24/2024
The Administrator suggests changing the OOC to communicate with the COC, considering NACC's
parameters and O&M.
The Field Inspector expresses concern about unmanageable new invasive species treatment.
Discussion ensues regarding what a long-term O&M should include and for how long it should be allowed
to run.
Mr. Mabon questions modifying or resubmitting a schedule for invasive treatment chemicals, even if they
might not all apply.
The Commission agrees the Applicant must come back with a modification and O&M Plan.
No action is required at this time.
Documents
Stevens.Pond_OOC.Extension.Request_DEP.242-1732
Adjournment
A motion to adjourn at 9:20 p.m. is made by Mr. Manzi, seconded by Mr. Lynch.
Vote 6-0, Unanimous.
2024-04-10 Conservation Commission Minutes