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2012-01-31CITY OF BEVERLY PUBLIC MEETING MINUTES BOARD: SUBCOMMITTEE: DATE: BOARD MEMBERS PRESENT BOARD MEMBERS ABSENT STAFF MEMBERS PRESENT OTHERS PRESENT: RECORDER: Conservation Commission January 31, 2012 David Lang, Chairman, Tony Paluzzi, Vice Chairman, Robert Buchsbaum, Kate Glidden, Anne Grant, Katelyn Merrill, Bill Squibb None Amy Maxner, Environmental Planner Jane Dooley Lang calls the meeting to order at 7:00 p.m. at the Beverly City Hall, City Council Chambers, Beverly, MA. New: Executive Session — Discussion with Counsel rmardin2 ongoing litigation Paluzzi moves to enter into Executive Session for a discussion with legal counsel regarding ongoing litigation with National Grid. Seconded by Squibb. Roll call vote: Lang, yea, Paluzzi, yea, Squibb, yea, Glidden, yea, Merrill, yea, Buchsbaum, yea, Grant, yea. Commission adjourns to executive session. Commission reconvenes in regular session. Certificate of Compliance Cont: 400 Hale Street, DEP File #5 -463 — construct baseball & soccer field — Endicott College Maxner notes that Endicott College is still working on Notice of Intent on baseball field. The Order, issued in July 1994, governed the construction of a natural baseball and soccer field, a.k.a. The North Field, which is now under a new NOI to be replaced by a synthetic turf field. The Commission needed additional information to clarify whether work permitted under this old Order was in compliance and how close construction disturbance came to the edge of the wetland. Paluzzi moves to continue the Certificate of Compliance until the Conservation Commission's meeting on February 28, 2012. Seconded by Merrill. The motion carries 7 -0. Conservation Commission January 31, 2012 Meeting Minutes Page 2 of 10 New: 9 Thoreau Circle, DEP File #5 -842 — construct addition and deck — John & Loyce Thomson Maxner states that the Commission has received a request for Certificate of Compliance to close out an Order of Conditions, issued in May of 2004, governing construction of a screened -in porch addition and a deck at the rear of the dwelling. The applicant never went forward with the project and let the Order expire. Maxner recommends Commission conditionally approve it until she visits the site to conduct a final inspection to verify site conditions and absent of any outstanding issues, the Commission could issue a Certificate of Compliance indicating that the Order is expired and no work commenced. Paluzzi moves the Commission issue a Certificate of Compliance for 9 Thoreau Circle after the inspection by Maxner. Seconded by Glidden. Motion passes 7 -0. Request for Determination of Applicability New: 44 Dunham Road — construct decorative stonewall at entrance — Cummings Properties, LLC c/o Stephen I Drohosky Maxner reads legal notice. Steve Drohosky, General Manager for Cummings Center, explains the proposed work at 44 Dunham Road site to better define the entrance by constructing a decorative stonewall to highlight the existing entrance sign. He notes the stonewall will be installed within a mowed grassy area within the 100 -Foot Buffer Zone to Bordering Vegetated Wetland, and no trees would be disturbed. He refers to plan of proposed 45 -foot wall and states that there would be a small footing of gravel and crushed stone. Maxner states that this is outside of the 25' NDZ of to the BVW by about 40' from obvious standing water. It is in a grassy area so proper erosion controls should be used. She notes that this BVW contains a potential vernal pool. Maxner reports on her meeting with Drohosky and Richard Gately, site manager. She notes the plan submitted is from 1997 and may not accurately reflect wetland boundaries currently in the field. Maxner notes in her recent staff report that Cummings plans for this property, initial work underway involves tree clearing in select areas to heighten its visibility — along Route128, and on either side of the driveway access roadway. She expresses confidence that work will be kept outside of the buffer zone that she and Gately marked off She has strongly encouraged Drohosky to get the wetlands delineated ASAP, and submit an ANRAD with the Commission. Drohosky states that he will follow Maxner's suggestion. Maxner states that clear cutting was not done near Norwood Pond. Drohosky mentions that sign will not be lit. Citizen Joan Murphy asks about impact of erosion. Lang responds that the work is outside of the 100 -foot buffer zone but he thought if there was any potential for erosion hay bales would be installed at project site. Conservation Commission January 31, 2012 Meeting Minutes Page 3 of 10 Maxner recommends that she inspect erosion controls before the work starts. There being no further questions or comments regarding this matter, Paluzzi moves to issue a Negative # 3 Determination with a condition that erosion controls be inspected by Maxner prior to work. Seconded by Glidden. The motion carries 7 -0. New: Folger Avenue — blaze walking path /nature trail on City -owned open space land — Beverly Open Space & Recreation Committee c/o Elizabeth Dunne, Chair Maxner reads legal notice. Charlie Mann, member of the Open Space & Recreation Committee (OSRC), presented information on the OSRC's plans to move ahead with blazing a trail on City -owned open space land that will connect to existing paths that have been established through the years along the paper streets. Mann has visited the site and states that work to be done by Committee and volunteers in the spring and will involve selective clearing of saplings, shrubs, briars and undergrowth to clear a 4 to 5 foot swath for the path and following the topography to establish a path that can be reasonalbly traversed on foot. Maxner notes the work will take place within 100 -foot Buffer Zone to Coastal Bank and 200 -Foot Riverfront Area to the Bass River. Maxner explains that the nature walking trail for the public and immediate neighborhood is being developed as the result of the developer of the Bass River Estates subdivision complying with Planning Board approval requirement to deed appromiately 2.5 acres of vacant land to the City of Beverly for the purposes of protecting open space. Mann notes that the path will end as indicated on the plan until property ownership issues being worked on are resolved at Bathing Beach Lane. This will continue an already beaten path on Leech Street. There being no further questions or comments regarding this matter, Paluzzi moves to issue a Negative # 2 and #3 Determination. Seconded by Buchsbaum. The motion carries 7 -0. New: 12 Marsh Avenue — construct modular second story addition — c/o Jeff Lawler, Country Homes, Inc. Merrill recuses herself and leaves the room. Maxner reads legal notice. Bob Griffin is present for the applicant. Griffin describes the project that involves construction of a second story modular style addition with all plumbing and electrical wiring included on top of the existing single family house that has been at the site since 1981. The existing house is directly on the Danvers River. He notes that since it will be a modular structure, to limit timeperiod (2 -weeks expected) a crane will operate from the street to install the addition, which will involve minimal work on the property Conservation Commission January 31, 2012 Meeting Minutes Page 4 of 10 itself. Roof will be removed and moved off of the site immediately. Aside from dumpster storage in the driveway and mostly manual demolition of the roof, he states there shouldn't be too much disturbance. Griffin states that application includes list of precautions to take along the embankments of the river to protect wetlands resources (i.e., daily trash removal, silt fence). Existing deck and ramp will not be disturbed. Sheathing will be renailed to meet wind requirements and existing structure will handle the load of addition. Squibb asks about the removal of the trees shown in the photos presented by Griffin. Griffin explains that trees on the property were taken down before his firm became involved with the project and the homeowner didn't realize they were in the jurisdiction of the Conservation Commission. The trees were removed in response to a request from a neighbor since they were close to the neighbor's house. Griffin mentions that his firm could suggest mitigation to be done. Discussion ensues as to replanting the area. There being no further questions or comments regarding this matter, Paluzzi moves to issue a Negative # 2 and #3 Determination with the condition that mitigation be done for the trees that were cut down in the form of at least six (6) five - gallon native shrubs in the same general area. Seconded by Buchsbaum. The motion carries 6 -0. Maxner will send a plant list to Griffin and the applicant. Merrill returns to the meeting. Recess for Public Hearings Squibb moves to recess for public hearings at this time. Glidden seconds the motion. The motion carries 7 -0. Notices of Intent Cont: 400 Hale Street, DEP File #5 -1070 — athletic field improvements, install synthetic turf field — Endicott College c/o Richard Wylie, President Joe Orzel of Gulf of Maine, John Amato of JJA Sports and Dennis Monaco of Endicott College are present on behalf of the applicant. The proposal involves upgrades to existing athletic facilities and replacement of the existing North Field athletic field with a synthetic turf field. Work to take place within 100 -Foot Buffer Zone to BVW and work is proposed within the 25' NDZ (characterized temporary impact with in -kind restoration — they note that existing field elements are already within the 25' NDZ). Orzel notes that at the last meeting the Commission requested additional information regarding: leach - ability of zinc and other metals from the crumb rubber infill material and a planting plan Conservation Commission January 31, 2012 Meeting Minutes Page 5 of 10 and plant schedule for two areas of potential buffer zone restoration/enhancement. He provides copies of the planting plan. Lang explains to the consultants that the Commission needs to receive information one week ahead of its meetings to thoroughly review and therefore a continuance is necessary. Orzel apologizes and notes that he would like to give the Commission a quick presentation. Orzel explains that there is 5 areas of restoration proposed and explains each area briefly following his written report, which also includes protocol for managing invasive species in the areas. Orzel notes the areas of restoration at the site including 850 square feet in NDZ where rock will be removed and area replanted /naturalized, soils will be added for planting, and buffer zone outside of NDZ, where bleachers. He asks if there are any questions. Lang notes Commission will reserve its rights on that until the next meeting. Maxner asks if the Commission needs to go back to the original plan for the areas that are spelled out. Consultant will show vicinities for plantings on plan. Amato provides synopsis on three areas of testing where information was missing. They include onsite benchmark testing, soil concentration in existing field, testing of outflow from a recent rain event and looked for zinc and chromium, and rainwater effects on rock using modeling protocol with synthetic rain. They modeled rubber in 3 different 1 /2" events in 30 minutes that represents the first flush. Lang asks where the rainwater came from. Amato states that the lab created a synthetic rain with a pH of 4.2. He wants to make the Commission aware that high chromium level was found in the detention basin located in the buffer zone and needs to be addressed and is isolated condition but also there is some elevated levels in the wetland down gradient and further testing will be done. He explains briefly other supplemental materials and testing information from other studies that are included. Lang notes that with the rainwater simulations it is important to understand the molarity used to achieve the pH, explaining that he had done testing of watersheds in the Quabbin Reservior and discovered that the parent substrate had effects on the final pH. Amato agrees to check that information about rainwater simulations, effect of acid rain and to do ongoing testing. Lang thanks them for their extra efforts in gathering baseline data and additional information. Squibb moves to continue public hearing until Commission's meeting on February 28. Seconded by Grant. The motion carries 7 -0. New: 675 E Hale Street, DEP File #5 -1073 — remove and manage invasive species, perform trail upgrades, buffer zone restoration — Christopher & Hillary Gabrieli c/o Laura Gibson, ASLA Maxner reads legal notice. Laura Gibson, Landscape Architect, and John Dick of Hancock Associates are present for the applicant. Conservation Commission January 31, 2012 Meeting Minutes Page 6 of 10 Dick explains the project involves aggressive removal and management of invasive species including large stands of phragmites, upgrades to existing nature trails and buffer zone restoration plantings. Work to take place within Bordering Land Subject to Flooding, Bordering Vegetated Wetland and associated 100 -Foot Buffer Zone. Dick discusses the proposal for management of estate that contains shallow freshwater pond that has a stream channelized through the dune to maintain water levels in the pond. There is artificial riprap face on dune probably installed in the 1980s due to storm activity and over wash. A very large portion of this property is Land Subject to Coastal Storm Flowage and is shown on FEMA map and there is no change in grade as part of this project. The proposal is to manage invasive species in the resource area, mainly BVW, and manage existing pathways installed in 1990s that are overgrown by phragmite that will be removed and composted elsewhere. Some pathways are seasonally underwater so the proposal is to use trex decking where needed and would not be a permanent structure addition. Most of the pathways are exempt from regulation. Proposal is to reclaim an area of lawn outside of the NDZ. Gibson notes that there is a huge composting area on the site that will be removed and habitat gardens would replace it, and other invasive species management will be part of the project, and provide habitat for small animals and birds in the wooded area. Merrill asks if the backside of the dune was a salt marsh. Dick notes that there was probably a brackish marsh, which no longer exists there, as it is a maintained landscape. He notes that there is a lovely oak forest between the pond and the dune. Native plants will be brought in to replace phragmite once there is success with removal as groundcover in the fall. Dick notes this site has Conservation Restriction with Essex County Greenbelt Association. Wetland delineation is done by survey. Dick notes that some work is being done in wetlands, NDZ and buffer zone all is beneficial and exempt from regulation. He provides a review of technical papers that will guide their approach to managing the phragmites, based on Dr. Smith of the Cape Cod National Seashore who worked with ponds similar to the one on site. Smith sent crews out to kick the phragmites and allow the root remnants to be submerged underwater and it has proven to work. He notes that manual efforts to remove the phragmites will be employed first, and if necessary herbicide may be used. Lang asks how large of an area on site is covered by phragmites. Dick notes about 3 /4 of an acre. Discussion ensues about how to control phragmite as an invasive species without the use of herbicide and that it is labor intensive. Merrill notes that the phramites rhizomes will seek new ground that is not already populated, like the surrounding lawn, so that needs to be taken into account, and in her experience, although not her first choice, she believes that herbicide is the most effect method of eradication. Gibson notes that will be the last resort and they will come back to the Commission if they decide to use herbicides. Also, need to net plants to be preserved and maintained due to deer in area. Plantings being squeezed out by phragmite will be restored to historical view. Conservation Commission January 31, 2012 Meeting Minutes Page 7 of 10 Buchsbaum asks if they are sure that the specie of phragmites is not native. Gibson is positive that it is the invasive. Buchsbaum asks for clarification on the wetland delineation and wetland characterization. Dick further explains the delineation. Buchsbaum notes that he has done a lot of work on phragmites in the past and it is admirable to take this project. Gibson notes that the Gabrieli's are committed. Lang suggests Commission do a site walk before the next meeting on February 28. Commission agrees to site walk on Saturday, February 11 at 8:30 a.m. Lang will meet Gibson at the site at a time for a site walk that meets his schedule. Abutter Chris Velonis supportive of proposed work at 675 E Hale Street. He notes that herbicide was used in section of property that abuts his property. Glidden moves to continue public hearing until Commission's meeting on February 28 with a site visit on February 11. Seconded by Merrill. The motion carries 7 -0. Old/New Business New: Waring School — Encroachment onto Conservation Commission Land — Discussion with School Representative Attorney Tom Harrington representing Waring School. Headmaster Peter Smick, Trustees Joanne Avelon, Lee Snow and Head of Facilities Dianne Jirka. Harrington refers to the letter issued by the Commission to Waring School directing them to remove their playing field from Conservation Commission held open space. Members were provided with an aerial map for frame of reference. Harrington provides an update as to the school's efforts in complying with this directive. He notes that the school representatives addressed the letter after winter break with his assistance and they have looked at the deed and other title researching and understand that in fact the land is indeed owned by the City. Institutional memory at the school indicates that the school had permission to be there and didn't think it was permission that could not be rescinded, operating under the assumption that the City knew of the use of the land for the playing field and was okay with it although there is no written document. The school had the field surveyed and Harrington referred to an aerial photo of the field and identified Sweeney's greenhouses. The encroachment is 83 feet on one side and 36 feet on another. The School is working with surveyor to determine what can be done to pull field back and rotate it to get off the City's land. Harrington suggests this could possibly be ready for the Commission's next meeting. Harrington notes that school is willing to stop mowing land in compliance with Commission's letter but mentions that property is used for walks by many citizens and a series of trails is accessed through land. He mentions letter school received from the Open Space Committee who Conservation Commission January 31, 2012 Meeting Minutes Page 8 of 10 is working with Eagle Scout Matt Akerman who wants to blaze a trail connecting Standley Street to trails through Commission land and off to other connecting trails off site. He suggests because of this it may be better to continue mowing but asks for Commission direction. Harrington adds that school will come back to future Commission meeting with plan that describes how the field will be moved. Smick mentions that he attended Commission meeting in the 1990s and spoke with the Commission about use of field for soccer and that the land has only been mowed for 34 years and there is a moveable goal post. The school understood that the Commission was allowing the Waring to continue the use and that the property is under the discretion of the City. The school needs two playing fields and is looking into how to keep the field under discussion without encroaching on the City land. Discussion ensued about school's facility expansion that occurred in 1990 and that playing field has been used as a field since it was part of the Coolidge estate. Smick mentions that organic fertilizer and some grass was planted on the field that is minimally maintained due to adequate drainage. Maxner hopes that the tone of Commission letter was not offensive. Smick says it was not offensive and they have researched documentation to demonstrate school's good faith on using the land. Lang says the City's wetlands by -law is in place since the time the field was first used by the school that has to be enforced including encroachments. Maxner notes that aerial photography from 1947 shows the area was not forested but was always a field so it could be restored to the original condition fairly easily. She states that another catalyst for the Commission addressing this encroachment is due to the donor's relative has expressed dissatisfaction with the lack of stewardship of the land as mentioned by Ed Becker of Greenbelt to the OSRC. Smick notes that the right of way near Sweeney's greenhouse is not very clear and Maxner agrees that it needs to be addressed. Discussion ensues about mowing going beyond the actual field and that the field is the natural access to the Branch Lane trails. It is agreed that mowing will be further discussed at a later time. The Commission appreciates that action is being taken, no schedule is defined for school, and details will be worked out about whether or not the field will continue to be mowed in encroachment area. Harrington thanks the Commission for its time and he and the School will be in touch soon. The Commission thanks them for their attention to this issue. New: 1 Lanthorn Lane — Enforcement Order Update Communication from proiect wetland scientist — William & Margaret Mona2le, c/o Tom Berube, contractor Maxner updates Commission about Enforcement Order issued for unauthorized work within the 100 -foot buffer zone to bordering vegetated wetland, involving excavation for septic system abandonment and connection to City sewer, and initial preparations for an addition and deck. She notes that correspondence from the wetland consultant indicates that a Notice of Intent application will be submitted in time for the February 28 meeting and wanted to keep the Commission informed of his progress. All outside work has ceased, with only interior renovations ongoing currently. Conservation Commission January 31, 2012 Meeting Minutes Page 9 of 10 New: 79 Rantoul Street, Special Permit & Site Plan Review — Request for Comments from the Planning Board Grant recused herself from discussion of this matter. Maxner explains the project involves demolition of the existing Enterprise Rental Car building and construction of a 4 -story mixed -use building containing 45 one and two - bedroom apartments, first floor in -door parking and small commercial space. Based on GIS mapping and Maxner's personal knowledge of the site, there are no wetland resources on or within 100 feet of the property therefore no Con Com jurisdiction. . The plan is briefly reviewed and members agree there are no comments to make New Expenditure Approvals Paluzzi moves to approve mileage expense for Maxner for $192.40. Seconded by Squibb. The motion carries 7 -0. Glidden moves to approve battery expense for Maxner for $6.36. Seconded by Grant. The motion carries 7 -0. Buchsbaum moves to approve March 3, 2012 MACC Annual Conference expense for $110 for three members for a total of $330. Seconded by Squibb. The motion carries 7 -0. Paluzzi moves to approve Maxner's annual stipend for $5,500. Seconded by Glidden. The motion carries 7 -0. Approval of Minutes To be addressed at future Commission meeting. Other Maxner explains that Scott Houseman, new Councilor for Ward 4, wants to do a proclamation for Dr. Johnson for serving on the Commission for many years. Commission members will send comments about Dr. Johnson to Maxner. Pole Swamp Lane Land Swap Maxner describes availability of land relative to land swap along Pole Swamp Lane for the use of the former Vitale Site as ball fields. Assistant City Solicitor Bob Munroe is interested in completing transaction and filing at the Registry of Deeds. She explains that Dick MacNeill has done deed research to accurately depict the property boundaries and actual ownership of parcels out in this vicinity of Pole Swamp Lane. She notes that Commission needs to give Munroe its choices for City -owned parcels to be transferred to Commission care and custody. She provides Conservation Commission January 31, 2012 Meeting Minutes Page 10 of 10 a brief explanation of the parcels that are available and makes a recommendation that the Commission make sure that the acreage is close to 18 and that the parcels that envelope Pole Swamp Lane itself be top priority. Members review the plot plan and identify the following parcels for transfer: ➢ Map 76 Lot 8 (Fmly — Peters), 3.69 acres ➢ Map 76 Lot 2 (Fmly — Peters), 2.35 acres ➢ Map 62 Lot 57 (Larcom), 1.6 acres ➢ Map 63 Lot 4 (Larcom), 2.25 acres ➢ Map 62 Lot 44 (Ober), 4.12 acres ➢ Map 62 Lot 58 (Blanchard), 1.8 acres ➢ Map 62 Lot 38A (Connolly), 1.88 acres Paluzzi moves to approve the parcels as identified. Seconded by Merrill. The motion carries 7 -0. Adjournment There being no further business to come before the Commission this evening, Paluzzi moves to adjourn the meeting. Glidden seconds the motion. The motion carries 7 -0. The meeting adjourns at 9:45 p.m.