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01-10-19 BCC Minutes - FinalCITY OF BEVERLY PUBLIC MEETING MINUTES SUBCOMMITTEE: DATE: BOARD MEMBERS PRESENT BOARD MEMBERS ABSENT: STAFF MEMBERS PRESENT: OTHERS PRESENT: RECORDER: Conservation Commission January 10, 2019 Chair Christine Bertoni, Vice Chair Robert Buchsbaum, David Dines, Rick Grandoni, Stephanie Herbster, Jenna Pirrotta, Bill Squibb Amy Maxner, Environmental Planner Jane Dooley Bertoni calls the meeting to order at 7:00 p.m. at Beverly City Hall, 3r Floor Council Chamber, Beverly, MA. REQUEST FOR CERTIFICATE OF COMPLIANCE Cont: 100 & 102 Hull Street, DEP File #5 -1205 — construct two new single family houses and associated appurtenances — MJP Properties, Inc. c/o Mike Panzero & Susan Purdy The December 2016 Order governed the construction of two new single family houses with associated appurtenances within 100 -foot buffer zone to bordering vegetated wetland. There are outstanding issues that have to be addressed and this request has been continued for a number of months. If the requestor is not in compliance with the Order by May then the Certificate will be denied by the Commission. Herbster moves to continue to the May 29, 2019 meeting. Seconded by Squibb. The motion carries 7 -0. Cont: 14 Cleveland Rd. (f.k.a. 391R Elliot St.), DEP File #5 -786 — construct a single- family home and associated site 2radin2 and utility work — William & Linda Beard The January 2003 Order governed the construction of a single - family home and associated site grading and utility work within 100 -foot buffer zone to BVW. (The local 50' NBZ regulations were not in effect at the time.) The engineer's certificate letter lists as -built conditions that deviate from the approved plan. The rear deck was not part of the approved plan and appears to encroach over the wetland by 1.3 feet. However, it is elevated by 16 feet from the ground surface. This request for Certificate of Compliance has also been continued for a number of months. If the requestor is not in compliance with the Order by May then the Certificate will be denied by the Commission. Conservation Commission January 10, 2019 Meeting Minutes Page 2 of 8 Buchsbaum moves to continue to the May 29, 2019 meeting. Seconded by Squibb. The motion carries 7 -0. REQUEST FOR DETERMINATION OF APPLICABILITY New: 134 McKay Street — Beverly Golf & Tennis Club c/o Rob Dever Maxner reads the legal notice. Rob Dever representing the applicant describes how the BG &T is proposing to remove a number of trees mostly outside of the jurisdictional areas, with 12 within 200 feet of either wetland or riverfront. No trees will be removed along McKay Street. A landscape architect has been hired by the BG &T to determine which trees to come down including in the buffer zone (12 dead and dangerous) and four new trees to be planted as outlined in master plan. Dodge Tree will be using a crane to do the work outside of the buffer zone and no crossing of wetland will be done with tree removal equipment. Dever notes that best practice would be done with tree stumps (i.e., no grinding). Shrubs will be added as well depending upon location. Discussion ensues about how this work does not fall under a tree removal request but would not require a Notice of Intent. The work associated with the master plan will be executed in phases as funding allows. Discussion addresses mitigation for removed trees and how replanting could possibly occur in the next year (under a second RDA). The Commission suggests the BG &T be given more time to determine replanting details. Proposed conditions include: a planting plan will follow, access not crossing wetland, cutting when ground is frozen, flush cutting trees and leaving stumps, stump grinding could be suggested under a planting plan. Pirrotta moves to issue a Negative #2 and Negative #3 Determinations with conditions as discussed. Seconded by Grandoni. The motion carries 7 -0. Recess for Public Hearings Herbster moves to recess for public hearings. Seconded by Squibb. The motion carries 7 -0. NOTICES OF INTENT /ABBREVIATED NOTICES OF INTENT /REQUESTS FOR AMENDED ORDERS OF CONDITIONS Cont: 7 Porter Terrace, DEP File #5 -1245 — extend Livingstone Avenue roadway and construct new single family houses — 7 Porter Terrace, LLC c/o Brian Marks By request of the applicant, Grandoni moves to continue to the February 6, 2019 meeting. Seconded by Dines. The motion carries 7 -0. Cont: 54 South Terrace — reconstruct existing failing timber seawall with a concrete block seawall and expand the existing deck — Charles Raymond Bob Griffin, representing the applicant, describes how additional test pits were done at the area for the proposed wall and they did not find any live clams. So he suggests that there should not be any shellfish impact. The shoreline is rocky so it is not conducive to using sheet pile. He Conservation Commission January 10, 2019 Meeting Minutes Page 3 of 8 reiterates that the proposed concrete block seawall (approximate lifetime would be longer than sheet piling) is most protective of the shoreline. The wall will be pushed back as close to South Terrace as possible given difficult site constraints. Griffin explains that the property owner to address the mitigation concern has monetarily contributed to "Friends of Ober Park" relative to the erosion issues at Ober Park. Griffin has responded in writing to DEP's concerns. Maxner reads DEP comments received based on the original plan when the Notice of Intent was first submitted. This project will need state review as well as the Commission's. Ms. Pitaris, abutter to the property, speaks to the condition of the coast line along the Danvers River and how erosion has occurred with little government intervention. She notes impact of climate change on the neighborhood. Also, she notes that she is in support of the project as submitted. 64 South Terrace resident describes how her family has had their property since the 1960s and stated the need to protect the area. Maxner reads letters into the record from three South Terrace residents who are in support of Mr. Raymond and his project. Discussion ensues about how the concrete wall will tie into the stone masonry wall in the front of house. The decision on how the wall would be curved is based on working along with existing garage location. Griffin notes that there is no scouring on the wall since there is no significant wave velocity in the area. He also addresses where sink holes have occurred so the project is designed to correct that situation. He explains that an excavator would be used to remove deteriorating wood wall. Buchsbaum moves to close the hearing under the state's Wetland Protection Act. Seconded by Squibb. The motion carries 6 -1 with Bertoni not in favor. Buchsbaum moves to close the hearing under the Beverly's local wetland by -law. Seconded by Squibb. The motion carries 6 -1 with Bertoni not in favor. Cont: 31 Riverview Street, DEP File #5 -1259 — reconstruct failed seawall — David Allen Griffin representing the applicant describes how he has developed a more extensive site plan than what was originally submitted. The resource areas depicted include land subject to coastal storm flowage at elevation 10, top of coastal bank, 25' NDZ, 50' NBZ, and 100' buffer zone, 200' riverfront. All of the 66 ft. of seawall is within the Commission's jurisdiction. The Chapter 91 license is still in effect. The concrete block wall will be replaced where it existed before 2005. The change in system requires less excavation, and is less expensive. Access will be along a neighbor's property from Riverview Street. Stock pile areas are identified on the plan. All will be protected with erosion control. Griffin explains how there is not much opportunity for harbor waves to come into the property and cause scouring. Maxner reads the DEP comments into the record. One comment addresses proposed lengthening of seawall. Griffin reiterates that there is little wave action at the property. He states that the proposed seawall will be in the same location where the former seawall existed. Griffin believes that the proposed seawall will comply with existing Chapter 91 license including rip rap toe. Discussion addresses if there is exposed ledge and that rocks in the area would be reused tucked Conservation Commission January 10, 2019 Meeting Minutes Page 4 of 8 in against the wall. Most of the work would be done from the land using a mini - excavator and some from a barge. Deteriorating stairs would be repaired in place within existing dimensions. Sheet piles were explored for the area but there is ledge. Poured concrete was also analyzed but it would be expensive to use and require more excavation in the area. Details about stockpiling of materials were provided. A perforated pipe will be located behind the wall that daylights at each end to drain water away that may seep between the concrete blocks. Squibb moves to close the hearing under the state's Wetland Protection Act. Seconded by Herbster. The motion carries 7 -0. Grandoni moves to close the hearing under Beverly's local ordinance. Seconded by Dines. The motion carries 7 -0. Cont: 675E Hale Street, DEP File #5 -1264 — perform repairs and rehabilitation of an existing tide late — Hilary Gabrieli Vaclav Talacko of Hancock Associates and Lolly Gibson representing the applicant, describe the proposal to perform repairs and rehabilitation of an existing tide gate located within dune and land subject to coastal storm flowage. Talacko describes what was observed at the pond during recent site visit and how the valve on the tide gate will be inspected monthly and adjusted. The land surrounding the gate will be smoothed to the prevailing grade and beach grass planted in late August to stabilize the area and in other areas where there was a lot of sand brought in from a storm. Beach pea will be allowed to naturalize on its own. DEP had no comments on the proposal. Discussion addresses the salinity of the pond as compared to the nearby ocean. Also mentioned was whether a condition about the tide gate would apply to the current property owner or to the property. Buchsbaum moves to close the hearing. Seconded by Squibb. The motion carries 7 -0. New: 29 Ober Street, DEP File #5 -1265 — Patricia Pellegrino Maxner reads legal notice. Greg Hochmuth of Williams & Sparages, LLC, representing the applicant speaks to proposal to repair existing stone and cement seawall within same footprint in coastal bank. The house on site was built in 1892. There is a large hole in a section of the seawall which would be repaired via stone masonry. Most of the work will be done in the upland. No equipment would be used in the coastal beach area. Clean fill, loam, and seed will be used for soil that was damaged by waves going over wall. Re- grouting will be done (drop cloth would be used, pre -mix would be done on upland using hand tools) and sink hole will be repaired. DEP did not have any comments. Grandoni moves to close the hearing under the state's Wetland Protection Act and Beverly's local ordinance. Seconded by Pirrotta. The motion carries 7 -0. Reconvene the Regular Meetin Squibb moves to reconvene the regular meeting. Seconded by Grandoni. The motion carries 7 -0. Conservation Commission January 10, 2019 Meeting Minutes Page 5 of 8 OLD/NEW /OTHER BUSINESS New: National Grid — Josh Holden Josh Holden from National Grid spoke to the Commission about an inquiry relative to work required by DEP in their Chapter 91 license. National Grid was previously before the Commission relative to consolidation of its gas and electric operations at its facility on River Street. DEP asked National Grid to consolidate their Chapter 91 licenses into 1 license, which they received on October 11, 2018. As part of the license, DEP required that National Grid remove the dilapidated 75 foot wood wharf at the northern end of the property. The proposal is to remove the wharf and cut the pilings off at the mud line. The piles won't be removed so as to not disturb sediment in the river. A fence would be temporarily removed and upland restored. This work will be done in consideration of winter flounder time of year restriction (i.e., no in -water work from February through June). In addition, as part of the license, DEP is requiring a railing no higher than four feet above the sheet piling where there is currently a chain link fence. Jersey barriers will be installed to keep vehicles encroaching on the view -scape pathway. The property line for installation of barriers will be defined. He briefly mentioned information about a cable that will be replaced in years hence. The Commission advises the representative to pursue an RDA for the earlier described work. Cont: Beverly Airport — update on Airport Vegetation Management Program — Airport Solutions Group /Airport Manager Maxner reports that the airport manager will come in and meet with the Commission. New: Expenditure Approvals Dines moves to reimburse Amy Maxner $33.75 for mileage incurred during the months of November & December 2018 while carrying out site visits and other Con Com business. (75miles x .45 cents = $33.75). Seconded by Herbster. The motion carries 7 -0. Order of Conditions 54 South Terrace Discussion ensues about Standard Conditions and the following Special Conditions under the Act: 1. Work on the seawall shall be during tide conditions that will ensure work is undertaken in the driest conditions possible. 2. All stockpiling of any /all materials shall occur on the upland portions of the site. Stockpiled areas shall be protected with hay bales or straw wattles to avoid erosion into the wetland resources. 3. To the greatest extent practical, the existing timbers constituting the existing seawall and associated dead men shall be removed and disposed of at an appropriate off site facility. Conservation Commission January 10, 2019 Meeting Minutes Page 6 of 8 4. If any shellfish are encountered within the areas of work, said specimens shall be moved to a suitable location well outside work zone. 5. The Riverfront mitigation plantings shall exhibit 75% overall survivorship after two growing seasons post installation. 6. A Certificate of Compliance request to close out the outstanding Order of Conditions, DEP File 95 -611, shall be submitted in time for placement on the May 29, 2019 Conservation Commission meeting agenda. Buchsbaum moves to issue an Order of Condition under the local ordinance. Seconded by Grandoni. The motion carries 6 -1 with Bertoni not in favor. Discussion ensues about Standard Conditions and the following Special Conditions under the local Ordinance: request for Certificate of Compliance. Grandoni moves to issue an Order of Condition under the state's Wetlands Protection Act. Seconded by Herbster. The motion carries 6 -1 with Bertoni not in favor. 31 Riverview Street Discussion ensues about Standard Conditions and the following Special Conditions under the Act and local Ordinance: 1. Prior to construction, the approved plan as governed by this Order shall be submitted to DEP Waterways for Chapter 91 review versus License #5036. DEP's response shall be forwarded to the Commission upon immediate availability. 2. Permission for upland access from the street across neighboring land shall be secured by the applicant to allow for work/equipment requiring upland access. 3. There shall be NO further seaward encroachment by the seawall or rip rap than what has been previously approved under the Chapter 91 License 95036. 4. The barge must rest on spuds so that it remains stationary during all tide cycles for the duration of its use for the project. 5. The barge must be equipped with a spill kit and a photo of said kit on the barge shall be forwarded to the Conservation Agent prior to work from the barge commencing. 6. Repairs to the concrete pad and stairs shall be kept within the existing footprint with no expansion whatsoever. 7. Work on the seawall /pad /stairs shall be during tide conditions that will ensure work is undertaken in the dry. 8. Operation of any construction equipment on the tidal flat is prohibited. 9. All efforts shall be made to remove and dispose of foreign debris /trash (i.e. engine block, or other) from within the tidal flats without equipment operated on the flats. 10. The existing stones/boulders, which are suitable in size, located at the toe of previous wall shall be re -used to reestablish the rip rap scour protection. 11. The rip rap scour protection located at the discharge point of the stormwater drainpipe shall be reassembled /reconstructed using existing stones in that area. 12. All excavated materials /soils that will be reused for backfill shall be stored on the upland and properly covered during times of storage (i.e. with a tarp or equivalent). Conservation Commission January 10, 2019 Meeting Minutes Page 7 of 8 13. All areas of soil disturbance within work areas shall be immediately loamed, seeded and covered with a layer of hay to insulate seed and protect from washout. 14. The previous Order of Conditions, DEP File 95 -921, shall be closed out with a request for a Certificate of Compliance at least coincident with closing this Order if not before. Herbster moves to issue an Order of Conditions under the state's Wetland Protection Act and local Ordinance. Seconded by Grandoni. The motion carries 7 -0. 675E Hale Street Discussion ensues about Standard Conditions and the following Special Conditions under the Act and local Ordinance: 1. As described by the applicant's representative during the hearings, in order to minimize machinery trips on the beach and impacts to the resources, all efforts shall be made to coordinate with the owners of 68 Paine Avenue in performing work within the same timeframe on both rip -rap revetments located at both properties. 2. As described by the applicant's representative during the hearings, the contractor shall enter his/her equipment from the ramp at West Beach to reach the subject property. 3. All work shall conform to the approved plan; the limit of the rip -rap revetment shall remain within the footprint as shown on the approved plan. 4. The Conservation Agent will be notified at least 72 hours prior to commencement of construction activities (978- 921 -6000 ext. 2343). 5. As described by the applicant's representative, efforts shall be made to plant sandy areas of the revetment with beach grass. 6. Once this Order of Conditions has run its full life, with any applicable extensions requested by the applicant and granted by the Commission having expired, and a Certificate of Compliance having been issued, future maintenance work to maintain and reposition the boulders within the rip -rap revetment footprint shall be allowed under Request for Determination of Applicability applications. This condition shall run only with the current owners, Hilary & Christopher Gabrieli, for as long as they own the subject property. Herbster moves to issue an Order of Conditions under the state's Wetland Protection Act and local Ordinance. Seconded by Pirrotta. The motion carries 7 -0. 29 Ober Street Discussion ensues about Standard Conditions and the following Special Conditions under the Act and local Ordinance: 1. Operation of machinery or heavy equipment on the beach is prohibited under this Order. Hand work/manual labor is allowed on the beach to accomplish repairs on the seaward face of the seawall. 2. A tarp shall be laid down on the beach during grouting and cement pouring phases of repairs. Any and all cement /grout spoils shall be removed from the resource area and buffer zone and disposed of off -site. Conservation Commission January 10, 2019 Meeting Minutes Page 8 of 8 3. Marine grade concrete /grout shall be used. 4. The westerly repair area shall be monitored yearly for at least two years after completion to monitor its performance and stability. Dines moves to issue an Order of Conditions under the state's Wetland Protection Act and local Ordinance. Seconded by Pirrotta. The motion carries 7 -0. Minutes Approval Dines moves to approve the June 5, 2018 minutes as amended. Seconded by Grandoni. The motion carries 7 -0. Adjournment Dines moves to adjourn at 10:20 p.m. Seconded by Herbster. The motion carries 7 -0. The next regular meeting of the Conservation Commission is Wednesday, February 6, 2019 at Beverly City Hall, 3rd Floor Council Chamber.