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2013-01-29CITY OF BEVERLY PUBLIC MEETING MINUTES BOARD: SUBCOMMITTEE: DATE: BOARD MEMBERS PRESENT BOARD MEMBERS ABSENT: STAFF MEMBERS PRESENT: OTHERS PRESENT: RECORDER: Conservation Commission January 29, 2013 David Lang, Chairman, Tony Paluzzi, Vice Chairman, Christine Bertoni, Robert Buchsbaum, Stephanie Herbster, Bill Squibb, Anne Grant Amy Maxner, Environmental Planner Jane Dooley Lang calls the meeting to order at 7:00 p.m. at Beverly City Hall, 3 rd Floor Council Chambers, 191 Cabot Street, Beverly, MA. Request for Determination of Applicability New: 275 Hale Street — install fence — Rebecca Douglass Maxner reads the legal notice. Ms. Douglass, her attorney Greg Sampson of Robinson & Cole are present. Ms. Douglass describes how she had a post and split rail fence installed last May along the property boundary to address encroachment issues from abutter. She states that she had a survey done of property boundary to settle the dispute with her neighbor. Ms. Douglass states that she is interested in selling her property and abutter contacted potential buyer about property line boundary. She explains that she usually works with consultants when doing work with Conservation Commission but was instructed by three fence installers that permission from Commission was not needed. Ms. Douglass notes she is working with DeRosa Environmental to address the Commission's enforcement letter relative to a fence that was installed without Commission approval. She notes that Mr. DeRosa is recovering from surgery and could not attend the meeting. She explains that DeRosa has determined that the fence is not within the 25' NDZ to Bordering Vegetated Wetland, but she will remove the last 1 '/2 sections of the fence closest to this resource area if the Commission insists. Maxner notes that the Commission had previously reviewed and approved delineation of several wetland resources including Coastal Bank as part of the Endicott Thissell Marsh restoration project, and because that Order is still valid, that wetland determination rules. She notes that based on the Thissell Marsh plan, the subject fence runs perpendicular along the Coastal Bank. Maxner had asked DeRosa to provide an analysis of the performance standards for Coastal Bank and give rationale as to why placing the fence on the Bank would meet those standards. She reads an opinion letter from DeRosa that addresses the Coastal Bank standards. Lang states that it is in a stable grassy area and therefore the Bank would not constitute a sediment source but rather a barrier to storm damage and believes that the fence will not impact Conservation Commission January 29, 2013 Meeting Minutes Page 2 of 10 the performance of the Bank in that regard. Members agree. Maxner asks if the Commission will require the last 1 '/2 sections of the fence to be removed. Members discuss the fact that there are no appreciable impacts by keeping the fence as is, considering that it is outside the 25' NDZ to the BVW. Lang notes that he would not object to allowing the fence to remain as is. Members agree. There being no further discussion, Paluzzi moves to grant a Negative #2 and #3 Determination. Seconded by Bertoni. Motion carries 6 -0. Recess for Public Hearings Paluzzi moves to recess public hearings. Seconded by Buchsbaum. Motion carries 6 -0. Grant arrives. Notices of Intent and /or Abbreviated Notices of Intent Cont: 43 Water Street, DEP #5 -1079 — install steel sheet pile bulkhead, fill land under ocean, install travel lift and floating docks — Beverly Port Marina John Silver representing the applicant, reiterates that the applicant proposes to install a steel sheet pile wall seaward of the current bulkhead and fill and pave over about 3,500 square feet of Land Under the Ocean (LUO), construct a new travel lift, install new floating docks and new support piles within a Designated Port Area. A majority of the Commission conducted a site inspection back in April. The Commission's peer review consultant, Apex, offered its opinion that the NOI was deficient, and the information the Commission needs to make a decision will be required by other state and federal permitting agencies, and therefore is not an unreasonable request for the Commission to make. Silver notes that he had sent a copy of MEPA certification to the Commission that was in response to the applicant's ENF submittal, MEPA has issued its decision along with comment letters from other agencies that were part of the ENF review. He adds that the project is eligible for further permitting without having to go through an environmental impact report, with Chapter 91, Army Corp of Engineers permit, 401 Water Quality Certification and an Order of Conditions being required from here. He explains that the findings reveal that more evidence is needed for elevation and location of fuel storage tanks relative to storm surges, need for filling for pressure washing and collection system, construction constraints to support 35 ton travel lift, and additional public access would be provided. In addition, Silver refers to the impact on the adjacent abutter relative to wave surges. A letter was provided from a firm that did the analysis and reported that there would be no impact. DEP suggested an additional study be done. Silver addresses environmental issues from DEP regarding impact on shellfish in area. He states that letter from Fisheries never identified shellfish as an issue. Also, he says that DEP incorrectly identified drain from the street controlled by the City as an item that would be added. Conservation Commission January 29, 2013 Meeting Minutes Page 3 of 10 Stormwater from the project would be treated by storm centers catching water on Water Street and bringing it out to the harbor. Silver suggests that Commission could wait until it hears from the other agencies to make a decision or consider the outstanding issues of Chapter 91 nature such as elevation of fuel storage tanks and impact on abutter and Commission could move on to the Order of Conditions with consideration of environmental impact and that construction is planned outside of the window defined by Fisheries from February to June. Lang refers to the agencies' letters relative to the coastal zone and loose ends left for the applicant to address. He suggests Commission could wait until everyone weighs in or the applicant can address items with Commission that were outlined in the letters noting that they may have to be addressed with the agencies. Silver addresses why the applicant is suggesting need to fill that was addressed in the alternatives analysis, and that more work is required to substantiate why that is needed. He explains that relocation of the fuel storage tank would require further lines underground. Discussion ensues about the tank elevation of 12' with the storm surge of 13' to 14' in a velocity zone. Silver inquires if that current location could be beefed up rather than relocating the tank. Lang suggests that EPA would like secondary containment applied to the site if the tank were relocated. Silver said there is currently secondary containment. He suggests that an engineer could opine on what are the storm surge scenarios. In response to Paluzzi, Silver says if the tanks were going to be moved there would be consideration of the DEP comments. Discussion ensues about pressure washing system and Notice of Intent where Silver offers to provide details to Maxner. Lang reads the comments from MEPA made about the tanks relative to the DEP site visit where the state agency recommends the proponent look into elevating the tanks so they are out of the reach of coastal storm surge and storm wave action. Also addressed by the state agency was the fill proposed and vulnerability of tanks to storm damage posing significant safety and environmental concerns. The agency suggests the proponent consider relocating tanks on property so they would not be as prone to storm damage. Silver notes that these are the same comments as those from DEP. In response to Squibb, Silver says he would consider buffer protection relative to the tanks. Discussion ensues about Port Marine's drain system where Silver says everything is treated and City's drain system from catch basin is the City's issue. Lang identifies significant issues including whether or not land has to be filled or if piles could be installed, the elevation of the gasoline tanks is an issue mentioned throughout the MEPA filing suggesting discussion with Fire Department and that this should be considered. Silver agrees that is the purpose of the project relative to proposed fill in the front to increase buffer for fuel tanks, and storm water drain on the property where responsibility by applicant or City is needed. Maxner notes that further analysis for storm damage potential in the harbor is needed. Conservation Commission January 29, 2013 Meeting Minutes Page 4 of 10 Discussion ensues where Commission considers if it should have Silver come back with answers to move forward with Order of Conditions or wait for the other agencies to weigh in on the proposal. Buchsbaum and Bertoni were in favor of waiting for the state input. Silver concurs with this assessment about having state agencies take the lead and says he will file for Chapter 91, ACOE and get the water quality certification done first. He suggests getting the three permits then coming back to Commission for Order of Conditions. Discussion ensues about Chapter 91 process and greater concern for access.. Discussion ensues about Fire Department regarding comments from state agencies. There was no one in the public who wished to comment on the project at this meeting. Bertoni moves to continue the hearing until the Commission's meeting on April 9. Seconded by Buchsbaum. Motion carries 7 -0. Cont: Bonad Road, Lot 1 and Lot 2 — construct new single- family house and associated appurtenances — 2 Bonad Road Trust c/o Andrew Santin Bob Griffin representing the applicant, refers to the drainage ditch running in front of the property and upstream of the ditch is wetland resource area running along ditch with 100' foot buffer zone running along property line between two properties. He provides a recap of the proposed project. Griffin describes how in early January the DPW cleaned the pipe and inspected it with a camera and confirmed that pipe was opened up with a few remaining stones still in pipe. He notes his conversation with M. Collins confirming that the existing pipe is the right size to handle flow. Griffin states to address the flooding potential, the pipe would be completely cleaned when the houses are built. He provides copies of a revised plan and explains the proposed changes that include a flared end structure with metal trash grate would be installed so there would be a sloping feature at the inlet to prevent debris from accumulating and crushed stone sump would be installed at path to prevent pipe clogging problems. Also, a masonry headwall with sump will be installed at the bottom, and riprap installed downstream to prevent erosion. He suggests there should be a perpetual maintenance agreement so homeowners will maintain grassy sides of ditch to prevent the swale from becoming covered with shrubs or bushes. Griffin mentions that a rain garden is proposed in shallow depression on Lot 1 to allow water to be put back into the ground or directed to the ditch. In response to Lang, Griffin says he has not seen any significant rainstorm since the pipe was cleaned out. In response to Buchsbaum, Griffin explains topography and proposed vegetation for rain garden. In response to Bertoni, Griffin notes that the grate would be easier to clean versus the pipe if debris accumulation occurs. Squibb recommends that homeowners be given information about how to clean the grate. Discussion ensues about how the pipe in ditch is in good condition with a few hairline cracks and there is a bow in pipe to move around a tree. In response to Squibb, Griffin explains that the driveways would remain separated rather than consolidated into one and he believes the drainage pipe could accommodate the traffic and suggests dirt could be mounded over it to add distance between vehicles moving over it. Conservation Commission January 29, 2013 Meeting Minutes Page 5 of 10 Discussion ensues about how the pipe is owned by Beverly and is located on City property. Griffin suggests that although the City technically maintains the pipe, the homeowners should be allowed to clean out the ditch as has been done in the past by a landowner. William Woitunski, 114 R. Colon Street, mentions storm water running into the lots behind the Santin property and suggests that Commission wait until the next storm to assess situation. Lang explains that the public works department would provide feedback on the proposed plan revisions and that Commission will make a decision at its next meeting and that rain is expected tomorrow. Resident of 56 Lake Shore Avenue, provides photographs to Commission of area taken on December 27 that shows runoff with 1.29 inches of water and he describes how much water was in abutters' basements especially during Mother's Day storm. He expresses concern about potential for 2,000 square feet of displaced water due to the basements in the new houses. John Roshon of Essex Street mentions that there is a waterfall of continuous water rather than stream and questions where the water is coming from, he says that neighborhood is suspicious that water is being directed to the City's drainage system from Kelleher pond. Discussion ensues about water coming from private school site going into Kelleher pond when there is already a problem with water flowing in area. Maxner explains how a gate was installed in anticipation of a larger storm for stormwater storage. Discussion ensues about how there are wetland areas in the City that were filled in and how residents continually have wet basements despite new growth in other parts of Beverly. Lang recommends investigation be done with public works department to understand if there is different drainage for Kelleher pond than there was 10 years ago. Discussion addresses storm water observed during site walk and additional runoff from hillside. City Councillor Scott Houseman encourages Commission to understand the hydrology in the area to ensure the drainage plan relative to the construction and new development. Lang notes that the property owner has the right to develop the land and Commission will do what it can to mitigate impact by having M. Collins review plan. Griffin offers to work with Collins and investigate details about Kelleher pond drainage and refers to storm water drainage observed during site walk and what drainage plan would address on Bonad Road. Lang suggests that he and Maxner could attend meeting with Collins. Houseman suggests that neighbors could notify Commission when storm occurs to understand how the pipe works when it is cleaned out. Griffin says most of the obstruction has been removed and recommends stones be removed from pipe although the carrying capacity is good now. Paluzzi moves to continue the hearing to the Commission's February 26 meeting. Seconded by Squibb. Motion carries 7 -0. Conservation Commission January 29, 2013 Meeting Minutes Page 6 of 10 Old/New Business Cont: Whitehall Circle, DEP File #5 -862 — Enforcement Order follow -up roadway sweeping, catch basin cleaning and protection per Order of Conditions — David Carnevale Bob Griffin representing the applicant. He refers to a letter written to Commission relative to Enforcement Order and that expected response has occurred. Griffin describes how there are four houses under construction in the sub - division and Mr. Carnevale has limited control over those lots. He refers to replacement of silt sacks except for those in front of subdivision that could lead to icing problems on the public roadways. Griffin notes catch basins that did not exceed sedimentation threshold per the SWPPP for cleaning and no silt accumulation near swale. He acknowledges that there is silt on the roadway but it is not getting into the resource area and two -hours of street sweeping occurred on January 14. Griffin suggests that Mr. Carnevale has taken Commission's order seriously and he requests the fines be withdrawn. Griffin states that the Stormceptor drains were frozen closed and they would have to be inspected in the spring. Maxner mentions that Birchwood Circle did not have a silt sack as of today. Griffin notes that a grate is located at that Stormceptor. Maxner agrees that the roadway was swept. She describes how regular erosion control inspections were carried when roadway was under construction per the special condition of the Order. Lang suggests the monitoring be resumed and done monthly. Maxner mentions that Mr. Carnevale is still responsible for the roadway. Griffin notes that drainage plans will be submitted for additional houses. Lang suggests that he is not inclined to rescind fines and notes that Griffin could send Commission a letter describing how he believes there might have been misunderstanding in the Enforcement Order. Lang refers to historical occurrences in the area that warranted enforcement. Griffin explains that Mr. Carnevale still owns many of the lots. Maxner mentions that Sullivan property has been managed well with erosion controls and silt sacks. Paluzzi moves to lift the Enforcement Order on January 23. Seconded by Grant. Motion carries 7 -0. Maxner explains that Griffin can come back to the Commission with a more detailed report for consideration of rescinding fines. Lang suggests a letter be sent to Griffin regarding re- implementing inspection services monitoring. New: 675E Hale Street, DEP File #5 -1073 — request for minor modification to Order of Conditions — Christopher & Hilary Gabrieli c/o Laura Gibson & John Dick Maxner notes the current Order of Conditions governs management of invasive species, primarily Phragmites, in -situ restorative planting, buffer zone enhancement planting, and upgrades to existing trails. Work to take place within Bordering Vegetated Wetland, Bordering Land Subject to Flooding, 200 -Foot Riverfront Area and 100 -Foot Buffer Zone. The applicant is proposing some changes to invasive specie management protocol, enhancement native plantings and tree management along the Linden all6e. Also proposed is installation of 2 aerators in the pond and this request has not been posed to the Commission. Conservation Commission January 29, 2013 Meeting Minutes Page 7 of 10 Laura Gibson and John Dick representing applicant. Gibson describes how the primary work in the project was to eradicate Phragmites. She explains how applicant would like to remove diseased apple trees and add more peach trees and blueberries, inkberry and other native shurbs into the buffer zone. She describes how Norway maple and Linden trees are extremely damaged and in dangerous position that should be removed and proposal for replacement with hornbeam wetland tolerant trees. Gibson refers to photographs where Phragmites was taken down and how they want to protect a large Alder clump tree that was discovered amongst the Phragmites. Gibson describes details about hand digging to remove unwanted vegetation (i.e., hydrangea vine) and that siltation sock would be used and chain for pulling. She describes how proposal to install aerators in pond might be considered more than a minor modification to the Order of Conditions. John Dick notes that the one major change to the already issued Order is the proposal for aerators that would float in the pond that are bottom moored and would manage the algae in the pond. He states the only change would be low -level noise from the electrical power and ducks have no aversion to them. Gibson states that the aerators move the nutrients more in the pond. Dick says that no ditches would be required for subsurface conduits since electrical cords are used. Discussion ensues about how solar - powered pumps are slow. Dick explains that dredging could be considered in the future for the pond to remove decomposing Phragmites. He and Gibson respond to Lang that no heavy equipment would be required for the work proposed at the site. Dick notes that the pumps would only be used in the summer for the 3 '/z foot deep duck pond to address odor and aesthetics. In response to Buchsbaum, he states his belief that the minnows would not be disturbed by aerators. Lang suggests these proposals are adaptations of the original work and are betterments. Gibson mentions that there is a gravel road on site and agrees with effort not to use heavy equipment. Paluzzi moves to approve minor modification to Order of Conditions. Seconded by Bertoni. Motion carries 7 -0. New: Presentation by Eagle Scout Candidate — proposed trail blazing at Whitehall Circle open space parcel — Justin Tramonti Justin Tramonti, Troop 2 Eagle Scout candidate, explains his proposed trail - blazing project at the Whitehall Circle open space parcel (adjacent to Cove School side) that he had sketched on the subdivision plan. The wetland located in the middle of the site is a certified vernal pool. Maxner has recommended to Tramonti that he should try to take care not to impact at least the first 25 feet from the wetland, as almost the entire parcel is encumbered by the 100 -foot no disturb buffer around the pool, so that would be hard to avoid. Tramonti describes how he plans to clear brush and bramble, and clean the area of trash for a walking trail for community use. He plans to do the work on the weekend of April 6 and 7 with a back up date of April 27 and 28. He mentions that labor for project will be provided through scout troop, friends and relatives. Tramonti notes that materials required would be fill Conservation Commission January 29, 2013 Meeting Minutes Page 8 of 10 transported in wheelbarrows to level field for walking as there are large holes along the proposed path. Scouts will provide clearing tools such as clippers and some electric power tools as well. Tramonti notes that brush removed would be transported in trash bags and tarps that would be left for City DPW disposal as agreed to by Mike Collins DPW Director. He adds that trail would be marked with spray paint, filling and clearing would be done in one to two days. Tramonti mentions that training information would be provided on appropriate clothing and tick prevention. In addition, the Cove School would be approached on how they could use the trail for student education. Tramonti summarizes the proposed path of trail and explains how it would loop around wetlands and meet an existing trail in the area by stonewall in Whitehall Circle. He notes that he has walked where the trail would be located. Maxner notes that Tramonti would make the same presentation to the Open Space and Recreation Committee at its meeting next week. Maxner notes that the Commission jointly holds a CR on this parcel with the Beverly Conservation Land Trust, and establishing trails for passive use of the property is called out as an allowable activity under the CR. Discussion ensues about how there are natural open spots near the wetland and where logs could be put down for trail. Houseman mentions the BUT master plan and possibly supplying Eagle Scout project with materials to build a bridge across wetlands, remove trash and possibly Phragmites. Discussion ensues about scouts taking protection against poison ivy. Maxner notes that Tramonti is seeking a letter of support from the Commission to include in his proposal to the Troop leaders. Lang provides signature on proposal so Tramonti can move forward with his project. New: Planning Board Request for Comments — 157 Essex Street Site Plan — CD Patel, Inc. Maxner explains the Planning Board will be opening its public hearing in February and is soliciting comments from other boards and departments on this project. The proposal will replace the old Lil' Peach convenience store with a new market /eatery. Maxner notes that from her personal knowledge of the vicinity and maps, the property does not contain wetlands and is not within 100 feet of wetlands and therefore would not require review by the Commission. She adds that Engineering Department will review the project for drainage. Members review the plan and agree on their knowledge of the site that there are no wetlands in the vicinity. New: Annual Election of Conservation Commission Officers — Chair & Vice Chair After brief discussion, Buchsbaum nominates Lang as Chair and Paluzzi as Vice Chair. Seconded by Bertoni. Motion carries 7 -0. Beverly Wetlands Regulations Review Lang, Grant, Bertoni and Paluzzi agree to serve on subcommittee to review Conservation Commission's Regulations with meetings to be held on Saturday mornings once a month with deadline for review completion of end of year. The first meeting will be held on March 9 at Beverly Public Library at 9 a.m. Conservation Commission January 29, 2013 Meeting Minutes Page 9 of 10 CPA Committee Discussion ensues about how Community Preservation Act Committee should be appointed in July. Maxner describes how a volunteer subcommittee is preparing the draft ordinance now. Buchsbaum notes that a Commission member would serve on CPA Committee. Commission also addresses what City board members would serve on permanent CPA committee. New: Minor Proiect Permits Issued by Administrator Proiect plans for 865 Hale Street and 5 Boyden Street 865 Hale Street: Maxner explains the project involves demolition and reconstruction of the pool house (marked "Shed" on plan), which is on an existing concrete patio, which will not be disturbed. Work to take place approximately 80 feet from an IVW. Plans are to refurbish the pool and surrounding patio, but that is outside the BZ, but erosion controls will be installed along the southern side of the shed to protect and demarcate limit of work. Members have no issues with this project. 5 Boyden Street: Maxner explains the project involves construction of a 3- season room and deck off the rear of the house, and will be located between the house and an existing above - ground pool. The sunroom and deck will be supported by 6 "x6" post footings on concrete - filled sono- tubes (i.e. no foundation). All new structures will be within existing lawn and at least 55 feet from the wetland. Maxner has required that excavated soil from the footings must be brought off site, or stored outside the 100' BZ and yard waste dumping immediately adjacent to the wetland cease from here on out. Members have no issues with this project. New: Expenditure Approvals Paluzzi moves to approve $115 reimbursement for Bertoni's registration to MACC conference. Seconded by Grant. Motion carries 7 -0. Paluzzi moves to approve $5.30 reimbursement to Maxner for postage she spent in sending the 50 Dunham Road meeting recordings to Commission's attorney Jeff Roelofs to include in the administrative record. Seconded by Bertoni. Motion carries 7 -0. Approval of Minutes — January 8, 2013 meeting Buchsbaum moves to approve the January 8, 2013 meeting minutes. Seconded by Paluzzi. Motion carries 7 -0. Peer review for Endicott College ANRAD Maxner has three quotes: Bill Manuell, Wetlands Land Management, Mary Rimmer, Rimmer Environmental, and Hyla Ecological of Somerville. She explains that Manuell came in at $3,500, Rimmer at $2,000 and Hyla at $2,500 and in general the Commission should select the lowest Conservation Commission January 29, 2013 Meeting Minutes Page 10 of 10 bidder. She adds the scope of services is generally the same from all three consultants allowing a couple times to visit the site, providing a report and presentation at Commission's April 30 meeting. Paluzzi moves to approve the contract for Rimmer Environmental. Seconded by Squibb. Motion carries 7 -0. Adjournment Paluzzi moves to adjourn the meeting at 9:20 p.m. Seconded by Grant. Motion carries 7 -0. The next regular meeting of the Conservation Commission is Tuesday, February 26, 2013 at Beverly Public Library, 32 Essex Street, Beverly, MA.