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2013-09-10CITY OF BEVERLY PUBLIC MEETING MINUTES BOARD: SUBCOMMITTEE: DATE: BOARD MEMBERS PRESENT BOARD MEMBERS ABSENT STAFF MEMBERS PRESENT OTHERS PRESENT: RECORDER: Conservation Commission September 10, 2013 David Lang, Chairman, Tony Paluzzi, Vice Chairman, Christine Bertoni, Robert Buchsbaum, Anne Grant, Stephanie Herbster, Bill Squibb None Amy Maxner, Environmental Planner Jane Dooley Lang calls the meeting to order at 7:00 p.m. at Beverly City Hall, 191 Cabot Street, Beverly, MA. REQUEST FOR DETERMINATION OF APPLICABILITY New: 147 West Street — remove trees, replant native species — Margarita Medini Maxner reads legal notice. Bob Tyack, Markham Tree Service, representing the applicant. Tyack describes how the soil type is not the right pH or moisture content so this is why the trees are in decline and no action would bring the trees back to life. Tyack mentions that Kirk Baker, Associate Planner, did a site visit and agreed that the trees are in serious decline. Tyack notes that the Medinis have requested the trees be removed and there is a restoration plan. He presents slides that show general proximity to wetlands, and notes salt marsh with coastal waterway and perennial stream — Chubbs Brook. He identifies the 15 spruce trees in the photographs are 35 feet tall that run along West Street and agrees to research the exact species and report that to the Commission. Tyack adds that there is also an apple tree that is dying from apple scab that is located in the center of the property. Tyack describes the restoration plan. He notes that the stumps would be flush cut to the ground and explains that due to the restoration plan the stumps would have to be excavated and removed with brush chipped to ensure the new plantings thrive. Mrs. Medini explains that the property is in the flood zone but it has not flooded in the time she has lived at the site. Tyack comments that he did not see any indication of flooding. He notes that the tree line is the highest elevation at the site and above the beach. Mrs. Medini reports that the spruce trees are aging and are easily damaged during winter weather. Tyack explains that the soil is too alkaline which is not conducive for the spruce. Discussion addresses the replacement plantings that could include shrubs that would grow as tall as 20 feet. Conservation Commission September 10, 2013 Meeting Minutes Page 2 of 10 Discussion ensues about excavation of the stumps with a mini - excavator versus stump grinding to ensure the new plantings survive. Tyack notes that there would be a small amount of soil disturbance with this type of work and agrees with Maxner that erosion control could be used near the stream. Tyack explains that the apple tree would be removed and carried away by hand. Discussion ensues about timing of work either this fall or next spring and that the erosion control would be used during stump removal. Buchsbaum moves to issue a Negative #2 and #3 Determination with the following Special Conditions: 1. As soon as it is available, the final landscaping plan shall be forwarded to the Commission for its records. 2. Prior to stump excavation, erosion control (straw wattles or filter sock) shall be installed to envelope the work that is closest to Chubbs Brook, at the westerly end of the line of spruce trees). The applicant /contractor shall contact the Conservation Administrator/Environmental Planner as soon as the plants have been installed so that a site inspection can be schedule to verify erosion control installation. 3. The plants shall exhibit at least 75% overall survivorship after two growing seasons post installation and shall be verified by the Conservation Administrator/Environmental Planner. Seconded by Squibb. The motion carries 7 -0. Recess for Public Hearings Paluzzi moves to recess for public hearings. Seconded by Squibb. The motion carries 7 -0. NOTICES OF INTENT Cont: 43 Water Street — Beverly Port Marina — DEP File# 5 -1079 Maxner notes the applicant's representative has requested a continuance to the October 1, 2013 meeting, as they are working to gather and process comments from DEP. Paluzzi moves to continue. Seconded by Bertoni. The motion carries 7 -0. Cont: 66 Paine Avenue — John Godfrey Peter Ogren, Hayes Engineering, representing the applicant notes he has submitted a written narrative as to construction methods of the septic system would be approached and reads from the narrative. Ogren explains that smaller equipment would be used to access and build the septic system but the area needs to be graded and suggests this could be in the Order of Conditions. He refers the need for a staging area and proposes to keep the erosion control line as is on the plan, but this would still be beyond 50 feet from the wetland. Ogren explains that the loam to put back over the septic system would be contained in the staging area that would also be used to store the septic tank until it is installed with an excavator. He notes that a particular type of tank might be used if ledge is encountered. Also, that fill will be brought in for the septic system (i.e., crushed stone, pipe and Conservation Commission September 10, 2013 Meeting Minutes Page 3 of 10 cover material). He adds that crushed stone would be delivered to the site and installed directly into the septic area. Discussion ensues about whether or not it is necessary to have erosion control extend along haul road when sand is going to be used. Ogren explains that all trees would be removed that are located within the grading area of the septic system and the house footprint. He estimates it could be as many as 25 trees and not all are in the buffer zone. He adds that only one tree would be removed in the 25' NDZ for truck access to the septic area, but the stump would remain in tact. Ogren notes that stumps under the house and septic system would be removed. In response to Lang's question, Ogren estimates the amount of gravel and sand fill will be roughly 300 yards and 150 yards would be for the septic system and the rest for Title 5 sand that has to go under the system. He adds that the soil taken off would go back over the system and covered with seed mix. Squibb questions the septic system distribution box and flow of effluent as well as slope grade criteria. Ogren states that there is approval from the local Board of Health for the septic system. He notes that the perc rates were slow that is why there is a fairly large system but it will effectively treat effluent. Discussion ensues about how the information on the access route is not on the plan. Ogren offers to affix the description to the plan with a revision date and this would be supplied to Maxner. He suggests there should be a pre - construction meeting with him, Maxner and the contractor. The revised plan would include the proposed storage areas. The Commission also asked for a copy of the perc tests as approved by the Board of Health. Maxner notes that the area along the access route will need to be re- vegetated. Paluzzi moves to close the hearing. Seconded by Grant. The motion carries 7 -0. 46 Prince Street — Tree Removal Request — Minor Modification - John Godfrey Maxner notes the applicant is asking to remove a number of trees adjacent to the coastal bank (stone masonry seawall). She notes the Commission held a site inspection on September 3r and viewed the trees with the applicant and his arborist. Maxner asks if there are any questions for Mr. Godfrey or Peter Ogren. Lang asks if the Commission is in general agreement with the arborists' report. Members note their agreement with the arborist's assessment of tree condition and the impact to the seawall by several of the tree root systems. Squibb expresses his reservation in approving this under a Minor Modification. Maxner explains that there can be an amendment to the Order of Conditions. She asks Squibb if he believes that an Amendment (which involves abutter notification and public hearing) would bring to light new information that would change his mind as to the tree condition and situation with the seawall impact. Discussion ensues as to whether a public hearing is necessary. Mr. Godfrey mentions that the only abutter that would be directly impacted is Mr. Carnevale and he is aware of the need to remove the trees especially relative to the ocean retaining wall. Discussion addresses how all of the trees are black locust and Norway maple species that are non - native and invasive. Lang asks if there is any further discussion and there being none, he asks for a motion. Conservation Commission September 10, 2013 Meeting Minutes Page 4 of 10 Buchsbaum moves to approve the Minor Modification. Seconded by Herbster. The motion carries 6- 1 with Squibb opposed. Cont: 441 Hale Street, DEP File #5 -1107 — Helen Greiner Bill Manuell, Wetlands and Land Management, Laura Gibson, landscape architect and Helen Greiner are present. Manuell notes the Commission held a site inspection on September 3r He mentions that the plan has been revised to incorporate beach plum into the planting plan. Laura Gibson, landscape design consultant, notes that wall would be cut down but foundation would not be removed. In response to a clarifying question from Bertoni, Gibson notes that the lowest member base of the seawall would remain and the granite slab would be placed over that to allow boat maneuvering. Gibson notes that invasive species would be removed and requests a perpetual allowance to manage invasive species and allowance for manual maintenance of the seawall to be included in the Order. Maxner suggests these long -term conditions should only survive for as long as the current applicant owns the property. There being no further questions from the Commission and none from the public, Paluzzi moves to close the hearing. Seconded by Buchsbaum. The motion carries 7 -0. New: Beverly Harbor — Algonquin Gas Transmission, LLC Maxner reads the legal notice. John Bonsall, Sabrina Hepburn, Jeff Bransford, and Rick Paquette representing the applicant. Bonsall describes data gathering for Salem Lateral Project and how it will connect to Salem hub line facility in Salem Harbor and will connect to facility in Salem. It is an interstate gas pipeline project regulated primarily by a federal agency. The perc process will be initiated later in fall, resource reports filed in spring, application filed in summer with construction in 2015. Rick Paquette, TRC Environmental, briefly explains the future lateral project and the need for geotechnical survey to analyze subsurface geology for feasibility of horizontal directional drilling technology. He describes boring locations relative to Beverly Harbor and Collins Cove and other boring locations in Salem Harbor. The operation in Beverly Harbor would occur in sub -tidal area south of Lobster Rocks. Due to shallow area a 20 -foot by 40 -foot lift boat with three or four legs would be installed providing a stable platform for drilling borings. He provides the Commission with a photograph of what the lift boat and barge is expected to look like. He notes that a casing would be driven into the bottom around the barge to encase boring work area that will collect data for 75 to 100 feet to verify bedrock. A diver - assisted operation would be used relative to geo -tech borings to locate top of pipe. Paquette explains that lubricating fluid associated with boring machinery would be encased to ensure it is not released into the seawater and can be recycled. Excess cuttings would be returned into the borehole and any excess cuttings that do not go into the hole would be taken offsite and disposed of Conservation Commission September 10, 2013 Meeting Minutes Page 5 of 10 He notes that data would be collected for the drill and engineers are assessing feasibility of cofferdam design. The deeper borings take two to three days and the whole operation in Beverly and Salem would take three weeks for collection of all borings. Paquette refers to resource areas including land under the ocean, land subject to coastal storm flowage, velocity zone, flood elevations (12 to 13 foot), and shellfish beds (work would not occur here). Maxner read comment from Marine Fisheries Biologist Tay Evans of Mass. Division of Marine Fisheries. The comment referred to intertidal boring locations being in areas of shellfish habitat for blue mussel, soft shell clams and quahogs. Borings #B 1 through #B6 are located in potential eelgrass habitat mapped by DEP in 2001. Evans recommends that contractor use a camera or divers to ensure that these borings are not directly over eel grass. Paquette notes that divers would be used and the requirement would be satisfied. He explains that 2012 maps did not show eel grass but agrees with Evans that investigation would be done. He notes that an eelgrass bed isn't expected but if it is encountered Evans would be notified. Paquette states that no sediment chemistry is proposed with data samples especially since testing was done for metals in the area previously. Lang requested a copy of results of testing that was done. Lang asks if there are any questions from the audience. Tom Patrolia, Jubilee Yacht Club, inquires about the duration of time and size of the lift barge that would be in the harbor. Paquette confirms that the barge would be in the location for three weeks and reiterates that it typically has 20 feet by 40 feet footprint. He explains that once Algonquin Gas Transmission gets approval it plans to begin work in early October. Patrolia mentions that boats and launch service affiliated with the yacht club would still be in the area through the end of October and questions impact to mooring ground tackle and launch service. Paquette suggests that the company's right of way crew contact Patrolia. He did not believe there would be impact to moorings. Paquette mentions that this is the data gathering stage and he offers to provide information to the club so it can disseminate it to members. There being no further questions from the Commission or the public, Paluzzi moves to close the hearing. Seconded by Buchsbaum. The motion carries 7 -0. New: 10 -12 Congress Street, DEP File #5 -947 - Request for Amended Order of Conditions — Beverly Office Development, LLC Maxner reads the legal notice. Maxner explains the legal advertisement was incomplete by only citing the local Ordinance, leaving out the State Act. Therefore this will need to be re- advertised including a citation to the Act for the October 1, 2013 meeting. Mary Rimmer, Rimmer Environmental Consulting, and April Ferraro, Meridian Associates, are present representing applicant. Rimmer explains that a request for amendment and two -year extension to the Order of Conditions for 10 -12 Congress Street has been submitted, noting the Order, issued in April of 2007, governed construction of two residential buildings totaling 72 units with associated site work, parking, stormwater management facilities, utilities, landscaping, seawall repair and public walkway amenities. The Order had been automatically extended, and will expire on April 19, 2014 pursuant to the Massachusetts Permit Extension Act MGL Chapter 240 Section 173(a), and the applicant is asking for the Commission to grant a two -year extension under the Conservation Commission September 10, 2013 Meeting Minutes Page 6 of 10 Ordinance. She explains that the project has not yet been undertaken due to a myriad of reasons, but it appears that the applicant is now ready to pursue it. Rimmer goes on to explain that under this Amendment request, the applicant is proposing to replace the existing failing concrete seawall with a sloped rip -rap revetment. By changing the wall to riprap slope some of the upland site grading changes. Rimmer notes that Meridian Associates had a structural engineer look at the wall and conclusion was that it is more practical to replace it with rip - rap rather than repair the wall. The solution is 1 '/z foot rip rap wall with minor changes in the top of slope and grading. The stormwater basins are volumetrically the same. She acknowledges that the bylaw only allows two, one -year extensions so this necessitates another extension. Rimmer explains that the work would be done in phases with the block wall taken out and replaced with riprap on upland side of site. Work would occur during below mean high water. Ferraro refers to how the rip -rap slope would be constructed from the upland site and water side work is not proposed. She concurs with Maxner that the toe of the revetment would not extend further seaward than the existing concrete wall. Discussion ensues as to the size of stone to be used in the revetment. Rick Gagne of 8 Cliff Street, notes importance of repairing the wall in the near future since it is in state of disrepair and asks for a timeline as to when the work would start. Ferraro notes she anticipates sooner than later but cannot give an exact date. Lang mentions that a large amount of waste was removed from the site. Ferraro mentions that a retaining wall would remain in the area. In response to another abutter, she explains that construction of riprap is done with smaller stones underneath and 18 -inch stones are laid on top with larger rocks laid on top of those. There being no further questions from the Commission or the public, Paluzzi moves to continue the hearing to the October 1, 2013 meeting. Seconded by Bertoni. The motion carries 7 -0. The Commission schedules a site visit on September 28 at 10:00 a.m. OLD/NEW BUSINESS Cont: 17 Neptune Street — Barry & Marie Fortuna Maxner reminds the Commission of its Negative # 3 DOA for this property, noting that the Fortuna's cut down three trees, which was not part of the original plan or approval, and therefore a replanting plan was required to mitigate for the lost trees. She states a planting plan was prepared by a landscape contractor (Jeff Noyes) and includes both woody and herbaceous plants, trees and ground covers (i.e., arborvitae, dogwood, and ivy). Members review this proposed plan noting that this should be sufficient to re- vegetate the area and bind the slope. Paluzzi moves to approve the planting plan from Jeff Noyes at 17 Neptune Street. Seconded by Bertoni. The motion carries 7 -0. Cont: 7 Walcott Road — Enforcement Order - Roger Hyde Mary Rimmer, representing the applicant, states that she has been retained by Mr. Hyde and she visited the site to identify the wetlands and notes that GPS was used to identify location of 8 trees (red maple and yellow birch) that were cut on the property and adds that there is Phragmites at the site. Rimmer mentions that 7 trees were cut in the buffer zone with one cut in the wetland and trenching was done to encourage drainage. She explains that work done was to open up the area and make more useable and there was concern about trees falling relative to safety for children. Conservation Commission September 10, 2013 Meeting Minutes Page 7 of 10 Rimmer presents her proposed restoration plan and plant schedule as required by the enforcement order. She suggests replacing the trees with shrubs since the buffer zone area is well forested. She explains her recommendation for a 415 square foot area around the buffer zone with 10 shrub plantings and 6 shrubs in area where trenching was done by hand. Discussion ensues about email correspondence with Mr. Hyde who is interested in doing the plantings in the fall, as long as the plantings including two -inch caliper maple in the swamp survives. The Commission concurs that no wetland markers would have to be installed at the property. Paluzzi moves to amend the Enforcement Order to accept the planting plan with the following conditions: ➢ The planting plan shall include at least one (1) Red Maple tree of 2" caliper to be planted within the wetland in addition to the shrubs called out in the plan; ➢ Execute and complete the restoration planting plan, dated September 10, 2013, as prepared by Rimmer Environmental Consulting, LLC no later than October 15, 2013; ➢ Contact the Conservation Administrator/Environmental Planner as soon as the plants have been installed so that a site inspection can be schedule to verify plant installation; ➢ The plants shall exhibit at least 75% overall survivorship after two growing seasons post installation and shall be verified by the Conservation Administrator/Environmental Planner; Seconded by Bertoni. The motion carries 7 -0. Minor Proiect Permits Issued by Administrator Maxner has not issued any Minor Permits since the last meeting. Expenditure Approvals $75.00 payable to Attorney Jeff Roelofs for services provided during the first part of August relative to the 50 Dunham Road appeal. Paluzzi moves to approve this expenditure. Seconded by Buchsbaum. The motion carries 7 -0. Maxner explains that because the legal advertisement for Congress Street was the City's mistake the Commission, rather than the applicant, will pay for the follow -up legal ad. Bertoni moves to pay the Salem News $250. Seconded by Paluzzi. The motion carries 7 -0. Maxner describes notes the Commission's Essex County Greenbelt membership is up for renewal. Paluzzi moves to approve the $100 membership. Seconded by Bertoni. The motion carries 7 -0. Other Business/Late Files A letter from the Open Space & Recreation Committee Conservation Commission September 10, 2013 Meeting Minutes Page 8 of 10 Maxner explains that the Commission received a letter from the Open Space Committee regarding the 8' fence at the end of the newly installed public walkway that National Grid installed at its 44 — 46 River Street facility. Maxner reports that the site plans do not clearly reflect the extent of the fencing and it does not appear that the fence was going to wrap around the end of the walkway. Bertoni states that she visited the site and observed a gap in the fence installation allowing people access to the property. She adds that the 8' fence is very foreboding and is not conducive to a pleasurable waterfront experience. Discussion ensues about OSRC's suggestion for a conversation with applicant relative to a 4 foot versus 8 -foot fence. The Commission discusses asking City Solicitor Roy Gelineau to address the settlement agreement with National Grid relative to the public access to the water. Maxner will follow up with Gelineau to get his guidance as to the best next step in resolving this issue. Approval of Minutes — June 11, 2013 The Commission provides amendments to Maxner. Buchsbaum moves to approve the June 11, 2013 meeting minutes as amended. Seconded by Paluzzi. The motion carries 6 -0 -1 with Squibb abstaining since he did not attend. Orders of Conditions 66 Paine Avenue Discussion ensues as to conditions to apply to the project. Paluzzi moves to issue Standard Conditions with the following Special Conditions: 1. Prior to any activities on site, a pre - construction meeting shall be held with the applicant, the contractor and any other responsible parties per Standard Conditions # 15 & 16; 2. Prior to the pre - construction meeting, a revised plan shall be submitted to the Commission that shows the following: a. Proposed staging area to the west of the proposed septic system leach field; b. Proposed access route to the septic system leach field area off of Paine Avenue from the south; c. A detail specifying that the access route shall be constructed and prepared with clean crushed stone, NOT sand or any fine materials; d. Additional erosion controls to be installed along both edges of the septic system access route; e. Additional erosion controls to be installed along the wetland edge of the staging area. 3. Prior to the pre - construction meeting, a copy of the perk testing results and the Board of Health septic system permit; 4. Upon completion of building the septic system and leaching field, the access route shall be removed and the disturbed areas shall be seeded (or stabilized by other means depending on the weather and /or time of year) to stabilize any exposed soils; Conservation Commission September 10, 2013 Meeting Minutes Page 9 of 10 5. The stone and sand that is part of the leaching field design shall be placed directly into the limits of the field, and not stockpiled, as noted by the project engineer during the September 10, 2013 hearing; 6. Future maintenance /repair of the septic system or leaching field shall be reviewed by the Conservation Commission under a separate application. Seconded by Buchsbaum. The motion carries 7 -0. 441 Hale Street — Helen Greiner Discussion ensues as to conditions to apply to the project. Bertoni moves to issue Standard Conditions with the following Special Conditions: 1. 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 manual maintenance and re- pointing work to the retaining wall located adjacent to the beach and dune shall be allowed contingent upon 72 hours notice to the Conservation Commission or its Agent. This condition shall run only with the current owner, Helen Greiner, for as long as she owns the subject property. 2. 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 manual invasive plant specie management located adjacent to the beach, dune and cabana shall be allowed contingent upon 72 hours notice to the Conservation Commission or its Agent. This condition shall run only with the current owner, Helen Greiner, for as long as she owns the subject property. Seconded by Paluzzi. The motion carries 7 -0. Beverly Harbor — Algonquin Gas Transmission, LLC Discussion ensues as to conditions to apply to the project. Paluzzi moves to issue Standard Conditions with the following Special Conditions: 1. There shall be no discharge of any materials whatsoever into the harbor. 2. Prior to activities commencing, the results of the prior chemical sampling results conducted shall be forwarded to the Commission for its file. 3. As recommended by the Division of Marine Fisheries (DMF), the contractors shall use a camera or divers to ensure that the borings or associated equipment are not directly over or on top of eelgrass. 4. Should eelgrass be discovered in the work area, said findings shall be reported to the Commission and DMF. 5. Photos of the seafloor within the chosen boring locations and the area where the footpads will be installed for jack -leg stability, shall be forwarded to the Commission for its file. Seconded by Grant. The motion carries 7 -0. Other Business Conservation Commission September 10, 2013 Meeting Minutes Page 10 of 10 Maxner explains how the Commission met earlier in the year to discuss and update its regulations. She explains that her heavy workload has prohibited her from giving this any time, and she thinks this needs to move forward. She has asked Bertoni and Grant if they could draft the updated regulations. Bertoni and Grant agree to work on the regulations amendments. Wes Slate, Ward 3 Councilor, asks about what transpired in the Commission's meeting regarding Beverly Port Marina. Maxner explains that this hearing was continued to the next meeting as the applicant is working to gather comments and recommendations from DER Adjournment Paluzzi moves to adjourn at 9:35 p.m. Seconded by Herbster. The motion carries 7 -0. The next regular meeting of the Conservation Commission is Tuesday, October 1, 2013 at Beverly City Hall, 191 Cabot Street.