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2014-01-07CITY OF BEVERLY PUBLIC MEETING MINUTES BOARD: Conservation Commission SUBCOMMITTEE: DATE: January 7, 2014 BOARD MEMBERS PRESENT: Christine Bertoni - Chair, Robert Buchsbaum - Vice Chair, Tony Paluzzi, Stephanie Herbster, Bill Squibb BOARD MEMBERS ABSENT: STAFF MEMBERS PRESENT: OTHERS PRESENT: RECORDER: Amy Maxner, Environmental Planner Jane Dooley Bertoni calls the meeting to order at 7:00 p.m. at Beverly City Hall, 3 rd Floor Council Chambers, 191 Cabot Street, Beverly, MA. CERTIFICATE OF COMPLIANCE Cont: 232 -234 Essex Street, DEP File #5 -985 - demolish existing structures, construct child care facility and associated parking, install utilities, stormwater treatment devices, playground area and landscaping — Walker Realty, LLC Maxner reports the Commission received a request for a continuance to February 4, 2014 meeting. Paluzzi moves to continue. Seconded by Squibb. The motion carries 5 -0. REQUEST for DETERMINATION of APPLICABILITY New: 261 Hart Street — replace section of cedar fencing — c/o Laura Gibson Maxner reads legal notice. Laura Gibson representing the applicant explains the project involves removal and replacement of a dilapidated 50 -foot section of cedar fencing that is located immediately adjacent to an IVW. She explains that the 5 sections of fence prevent debris from the road getting into the isolated wetland. The posts will be installed into crushed stone in hand -dug holes as was done with the original 1990 installation. Disturbance to soils will be minimal. The rest of the fence has not been inspected for failure or deterioration, but Gibson notes that she has not seen any obvious signs of problems in other sections, and the house is on the market. Paluzzi moves to issue a Negative # 3 Determination. Seconded byBuchsbaum. The motion carries 5 -0. Recess for Public Hearings Paluzzi moves to recess for public hearings. Seconded by Buchsbaum. The motion carries 5 -0. Conservation Commission January 7, 2014 Meeting Minutes Page 2 of 7 ABBREVIATED NOTICE OF RESOURCE AREA DELINEATION New: 302 Hale Street, vicinity of Center for Nursing & Healthcare Professionals Building Abbreviated Notice of Resource Area Delineation— Endicott College c/o Dennis Monaco Maxner reads legal notice. Joseph Orzel, with Omni Environmental, is present representing the applicant along with Dennis Monaco, April Ferraro of Meridian Engineering. Orzel summarizes wetland resources delineated on the site, which is the former Montessori School, now the Center for Nursing and Healthcare Professionals. He notes the existing certified vernal pool and various wetlands surrounding the site and the MHW of perennial stream and corresponding 200 -Foot Riverfront. He notes that last spring at the temporary shallow pools he heard vernal pool species but this year he did not find egg masses indicating breeding in area of wetland Flags MM68 through MM60. He explains that in December 2012 he re- delineated BVW where he checked flagging this November and replaced a few flags. The buffer zone is shown on plan as well as 25 foot No Disturb Zone and 200 foot riverfront based on stream location from aerial photography. He notes that he has not gained access from property owners along the stream. He notes the abutters have been notified by the College asking for permission to access those parcels to complete the delineation. He explains that Meridian Associates did survey the site. Information from previous Hayes Engineering plan was used that indicates location of Centerville stream. Bertoni asks as to soil samples taken. Orzel notes that there were plots as noted on the BVW Data sheets and explains locations of plots. Bertoni asks if there are any questions from the audience. Peter Tarr, 3 Brooks Circle, asks as to whether the Commission's review would include a site walk. The Commission responds that it will be reviewing the flags in the field. Gail Tarr, 3 Brooks Circle, asks of the possible impediment by the stonewall and bank relative to stream's median high water flows. Orzel explains that the wall is the extent of mean high water for the stream. Maxner summarizes purpose of ANRAD process as a planning tool and once agreement is reached on the limit and character of the wetlands, then project discussion occurs during Notice of Intent stage. Bob Scriven, 13 Brookhead Circle, questions size of riverfront area and Orzel provides definition. Orzel clarifies that certified mail was sent to abutters requesting permission to access abutters' land to place a flag and this was received a couple of days before the deadline. Maxner states importance of the Commission verifying percentage of wetland on the 56 -acre lot and impact on Centerville Creek, so all of the riverfront on the parcel is accounted for. Ferraro agrees to do an overlay between Meridian and Hayes plans. In addition, the top of bank and high water line is observable at this time of year with snow on ground due to physical features. There being no further questions or comments at this point, Paluzzi moves to continue the hearing to the February 4, 2014 meeting, to give the applicant opportunity to communicate with abutters to gain access and flag wetlands on those properties, an opportunity to overlay the Hayes plan and Conservation Commission January 7, 2014 Meeting Minutes Page 3 of 7 schedule a site visit at the February meeting for some time in March depending on snow cover. Seconded by Buchsbaum. The motion carries 5 -0. 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 Maxner notes that the Commission voted to continue until the February 4, 2014 meeting. Cont: Foster Street — construct drain connection to municipal system, and associated drainage -- Lindallwood Realty Trust c/o John Keitly Bob Griffin representing the applicant, explains the project entails extending a municipal drain line and improving existing street drainage within the Foster Street roadway. He has provided revised plans and a response to DEP's comments. He notes that as part of the 5 -lot cluster subdivisionat 30 Foster Street, a subsurface retention system will be installed to capture peak stormwater runoff and then release it to the new drain line and City system and eventually into a BVW across the street. In response to DEP comments, changes were made to the drainage calculations to bring residential subdivision into compliance and all proposed work is well behind 100 foot buffer zone. A treatment tank will be used underground to hold peak flow to drain to Foster Street. A slightly larger infiltration basin and different drainage system will be used for the top of the subdivision. The infiltration will be 1,000 cubic feet. A bio- retention area will be used for this new development site to filter water. There is continuation of underground retention system similar in concept to what is on plan with tie back into municipal drainage system. Griffin reports that municipal engineer was in favor of plan and he spoke to DEP representative who suggested that the Commission will act as it sees fit. In response to a question from Bertoni, Griffin summarizes flow between bio- retention area and underground retention system that is constrained through outlet control structure to 12 -inch drain pipe that runs 160 feet to drain manhole. The runoff from impervious area is caught by system and trench drain to bio- retention area. The homeowners association will be responsible for maintaining all drainage systems on the private property. Flow from increased impervious surface will decrease slightly going into the municipal drainage system. Discussion ensues about preparing area for work including removal of ledge for underground bio - retention system with percentage of sand and loam specified to provide treatment. Discussion addresses need for bi- annual maintenance of bio- retention area including cleaning and pruning of trees and if sediment is concentrated that would be addressed as well. The Commission members agree that an independent review of the drainage calculations is necessary. Mr. Crane of 222 Common Lane, inquires about manhole in municipal system relative to stormwater that collects there now and potential additional flow. Griffin mentions dampening of flow rate so there would not be any increase in flow leaving the site. However, there is an increase in volume of flow due to higher impervious surface upstream from site. Resident expresses concern about additional volume in the area. Chet Walsh, 29 Foster Street, notes that 100 -year storms are Conservation Commission January 7, 2014 Meeting Minutes Page 4 of 7 happening more frequently and asks how calculations are being done relative to saturation point and biodegradable materials clogging stream. Griffin responds that removal of sediment could be done although a lot of accumulation is not expected, and capacity is designed to get water from trench drain to bio- retention area. Discussion reiterates that ledge would have to be removed in the area to accommodate drainage system components. Underground retention will occur in concrete tanks and silt can and will be removed. Discussion ensues about what can be done legally relative to runoff from a new subdivision. Maxner states that any new development has to control its runoff to maximum extent possible from a wetlands regulation standpoint and stormwater regulations strive to protect abutter property and resource area. Paluzzi moves that the Commission engage peer review to review the revised plans and calculations for compliance with the current stormwater regulations. Discussion ensues about how DEP's comments are for information purposes. Seconded by Squibb. The motion carries 5 -0. Maxner explains that peer review consultant will look at revised plan and drainage calculations to ensure they are compliant with the current wetland regulations and stormwater policy. Also, in the Order of Conditions, the responsible party such as the homeowners' association will report annually to the City about required maintenance that has been done regarding different drainage structures and this condition would survive in perpetuity with the Certificate of Compliance as a standard operating procedure reviewed by the City. Paluzzi moves to continue to the February 4, 2014 meeting pending the Commission securing a peer review consultant. Seconded by Buchsbaum. The motion carries 5 -0. Cont: Brimbal Avenue, Phase 1 Route 128 Interchange Improvement — relocate connector road, reconstruct Brimbal Avenue, perform drainage improvements — City of Beverly Maxner reports the Commission received a request for a continuance to February 4, 2014 meeting. Paluzzi moves to continue. Seconded by Squibb. The motion carries 5 -0. Cont: 232 Essex Street and off Ice House Lane — construct subdivision roadway with associated utilities, grading and stormwater management devices — DiBiase Corporation c/o Paul DiBiase John Ogren, Hayes Engineering, representing the applicant. He explains applicant is proposing to construct a new subdivision roadway extending off of the existing road that services the Next Generation Child Care facility. The roadway will service 19 new house lots. He notes that although the road itself is 26 feet from the closest resource area, sideslope grading, and landscaping will be within the 25' NDZ. Stormwater treatment consists of deep sump catch basins, a subsurface Cultec infiltration system and a forebay and detention pond. The Commission scheduled a site visit for January 4 th that needs to be rescheduled due to snow. Ogren provides table of additional information that includes proposed increased impervious surface relative total watershed areas. He explains that five watersheds go to the pond. He adds that the Conservation Commission January 7, 2014 Meeting Minutes Page 5 of 7 existing condition percentage is 5.5% impervious and total in proposed condition is 23% impervious. Ogren explains that the 25' NDZ is disturbed in areas and will be graded, but that mitigation and planting restoration plan has been submitted. He notes that between trees and shrubs the proposal calls for installation of a wildlife seed mix that includes grasses, flowers and shrub seeds. Proposed shrubs could include cranberry bush, dogwood, witch hazel, and trees could include ash, red cedar, river birch, white pine and red oak. Also, invasive plants would be removed. Discussion addresses how signage might be required where the mitigation plantings would be located. DEP has issued a file number and had no comments. Maxner states that City's Engineering Department is doing a drainage review. Discussion ensues about proposed location for two houses in 100 foot buffer (where approval is needed) with one close to No Disturb Zone. Discussion addresses how some filling would occur for the houses and in area near Cultec chamber and to raise grade for roadway. Ward 4 City Councilor Scott Houseman inquires about number of proposed houses relative to yield plan (i.e., 16 versus 19). This could change with final plan approved by the Planning Board and some will be closer together in a certain area with the houses in Ice House Lane moving away. Discussion ensues about proposed increase in impervious surface and that water runoff flow would be reduced going to the pond due to capture by street drainage to detention pond to wetlands. There being no further questions or comments, Paluzzi moves to continue to the February 4, 2014 meeting. Seconded by Herbster. The motion carries 5 -0. The site visit is scheduled for Saturday, January 25 at 9:00 a.m. OLD/NEW BUSINESS New: 675E Hale Street, DEP File #5 -1073 — Request for Minor Modification — Christopher & Hillary Gabrieli c/o Laura Gibson Laura Gibson representing the applicant. She explains, the Order, issued in March of 2012, governs the removal and management of invasive species, primarily Phragmites, in -situ restorative planting, buffer zone enhancement planting, and upgrades to existing trails. Work takes place within Bordering Vegetated Wetland, Bordering Land Subject to Flooding, 200 -Foot Riverfront Area and 100 -Foot Buffer Zone. Gibson explains that with the removal of the Phragmites, cattails have started to gain dominance. The applicant proposes to install a root barrier to help control the spread of the cattails. Discussion ensues about how with the removal of Phragmites there are more birds on the property. Proposal is to do regular hand cutting of cattails to prevent potential expansion as part of ongoing maintenance. Maxner notes that one of the original conditions reads: "Annual monitoring reports shall be submitted to the Commission detailing invasive species management efforts and progress in reaching the project's goals. Reports shall cover no less than 5 years from the start of project activities. Based on said reports, the Commission reserves the right to require additional monitoring and /or modifications to the management plan." Maxner notes that this minor modification would be Conservation Commission January 7, 2014 Meeting Minutes Page 6 of 7 to allow for this additional maintenance of cattails. Discussion ensues about possible precedent allowing the cutting of cat tails relative to future requests from other property owners as well as potential ongoing expense for the Hale Street property owner who has addressed the continuing project in the resource area. Discussion addresses how Contractor Joe Pallazolla could notify Conservation Agent when maintenance work was going to be done. Paluzzi moves to approve the installation of the root barrier and cutting of the cattails before they go to seed under a Minor Modification. Seconded by Squibb. The motion carries 4 -1 with Buchsbaum opposed. New: Review of Minor Proiect Permits Issued by Agent Maxner states that she has not issued any minor project permits since the last meeting. New: Expenditure Approvals Buchsbaum moves to approve the Conservation Administrator's $5,500 annual stipend for January 2014 through January 2015. Seconded by Herbster. The motion carries 5 -0. Paluzzi moves to approve mileage reimbursement to Maxner for $120.40 for 300 miles incurred during October through December 2013. Seconded by Buchsbaum. The motion carries 5 -0. Paluzzi moves to approve payment of $125 to the Registry of Deeds for recording the deed of the gift of land from Gradwohl family. Seconded by Buchsbaum. The motion carries 5 -0. Paluzzi moves to approve purchase five (5) online subscriptions to the MACC environmental handbooks for Commission members at $15 each. Seconded by Squibb. The motion carries 5 -0. Paluzzi moves to approve purchase of one MACC Erosion and Sedimentation Control Handbook in the amount of $24. Seconded by Buchsbaum. The motion carries 5 -0. Revisions to Regulations — Discussion /Set Hearing Date Discussion ensues as to the Ordinance designating the buffer zone as a resource area and regulations speaking to additional resource areas (i.e., additional interests beyond what is listed in the state act). Discussion addresses process for going to City Council and holding a public hearing if the Commission wants to amend the Ordinance. Maxner suggests any revisions to the regulations could be sent to the City solicitor for review. Members agree to schedule a meeting after the site visit at 232 Essex Street on January 25 at 10:00 a.m. at the Beverly Public Library to discuss revisions to regulations. Maxner notes that she will invite the new member, Robert Russo who has been recommended by the Mayor to fill Anne Grant's vacated seat, to both the site visit and meeting at the Library. Approval of Minutes Conservation Commission January 7, 2014 Meeting Minutes Page 7 of 7 Paluzzi moves to approve the October 22, 2013minutes as amended. Seconded by Buchsbaum. The motion carries 5 -0. Adiournment Paluzzi moves to adjourn at 9:45 p.m. Seconded by Herbster. The motion carries 5 -0. The next regular meeting of the Conservation Commission is Tuesday, February 4, 2014 at Beverly City Hall, 191 Cabot Street 2013 at Beverly City Hall, 191 Cabot Street.