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2014-02-04CITY OF BEVERLY PUBLIC MEETING MINUTES BOARD: SUBCOMMITTEE: DATE: BOARD MEMBERS PRESENT BOARD MEMBERS ABSENT: STAFF MEMBERS PRESENT: OTHERS PRESENT: RECORDER: Conservation Commission February 4, 2014 Christine Bertoni - Chair, Robert Buchsbaum -Vice Chair, Tony Paluzzi, Stephanie Herbster, Robert Russo, Bill Squibb Amy Maxner, Environmental Planner Jane Dooley Bertoni calls the meeting to order at 7:00 p.m. at Beverly City Hall, 3 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 March 4, 2014 meeting. Paluzzi moves to continue. Seconded by Buchsbaum. The motion carries 6 -0. Recess for Public Hearings Paluzzi moves to recess for public hearings. Seconded by Buchsbaum. The motion carries 6 -0. ABBREVIATED NOTICE of RESOURCE AREA DELINEATION Cont: 302 Hale Street, vicinity of Center for Nursing & Healthcare Professionals Building — Endicott College c/o Dennis Monaco Joe Orzel, with Omni Environmental, Dennis Monaco and Dr. Richard Wylie of Endicott, April Ferraro of Meridian are present. Orzel explains he was able to access some abutters' properties to delineate riverfront and high water line and that he has submitted updated site plan. Noting that access was denied at 3 Brookhead and no response from 280B Hale. He explains that the Mean High Water generally follows the stonewall, aside from the northern area where the topography is a little more level. He notes he made four adjustments to BVW, with new flagging at MM7R, MM58A, MM66R and MM71. Conservation Commission February 4, 2014 Meeting Minutes Page 2 of 7 Orzel notes that all flags have been placed for inspection by the Commission. Bertoni opens questions to the public. Bob Scriven of Brookhead Circle, inquires whether the level of the brook would be higher if the stonewall was not there. ORzel responds yes it probably would be higher. Renee Mitchell of Tall Tree Drive explains that the wetland is much larger than shown on the plan and extends well beyond the practice field and modular dorms site. Jim Avalon of 9 Brookhead Circle asks a clarifying question as to the location of the edge of the parking lot. Orzel refers to the area on the plan to show this. Steve Crane of Cross Lane explains that the wetland is much more extensive even as shown on the 1994 plan. Some members of the audience had questions about issues not related to the Commission's jurisdiction with City Councilor Scott Houseman explaining that he will be arranging a meeting between the College and the neighbors to talk about issues. There being no further questions or comments, Paluzzi moves to continue the hearing to the March 4, 2014 meeting pending the site visit on Saturday, March 1 st at 8:00 a.m. Seconded by Buchsbaum. The motion carries 6 -0. Peter Tarr inquires if the neighborhood consultant can attend the site inspection. College representatives confirm that is okay. 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 Maxner notes that the Commission received a request to continue to the April 1, 2014 meeting. Paluzzi moves to grant the continuance. Seconded by Herbster. The motion carries 6 -0. Cont: Foster Street — construct drain connection to municipal system, and associated drainage -- Lindallwood Realty Trust c/o John Keitly Maxner recommends this be continued to the March 4, 2014 meeting since the Commission is waiting for the applicant to provide funds for the peer review of the drainage. Paluzzi moves to continue to the March 4, 2014 meeting. Seconded by Buchsbaum. The motion carries 6 -0. Cont: Brimbal Avenue, Phase 1 Route 128 Interchange Improvement — relocate connector road, reconstruct Brimbal Avenue, perform drainage improvements — City of Beverly Conservation Commission February 4, 2014 Meeting Minutes Page 3 of 7 Maxner reports the Commission received a request for a continuance to April 1, 2014 meeting. Squibb moves to continue to the April 1, 2014 meeting. Seconded by Paluzzi. The motion carries 5 -0 -1 with Herbster abstaining. Cont: 232 Essex Street and off Ice House Lane — construct subdivision roadway with associated utilities, 2radin2 and stormwater management devices — DiBiase Corporation c/o Paul DiBiase John Ogren, Hayes Engineering, representing the applicant, explains that the streams that abut the property have been reviewed in the past by way of DEP Superseding Orders of Conditions, One intermittent that runs into Kelleher Pond, and another intermittent that runs into the YMCA property, which was determined to be intermittent in an August 2000 DEP superseding order observed in a non - drought year. There is outlet structure to street drainage where the streams flow out to Essex Street in a southerly direction. He notes that he submitted information relative to these determinations. Maxner states that the Commission had voted to do an in -house drainage review with the Engineering Department but the City Engineer left the position. She has contacted DPW Commissioner Mike Collins who was provided with the drainage calculations and plan electronically. She speaks to new regulations defining intermittent stream and suggests information provided about stream at Kelleher Pond is probably adequate. Ogren notes that riverfront would have impact on the development. Discussion ensues about proposed house with frontage on pond that could be moved closer to the school although NOI is on subdivision roadway. Discussion addresses how the Commission needs to operate under the current regulations and if the stream that flows into YMCA property is perennial it would impact development, although there is a small watershed area. Some impervious area is being added behind proposed houses so drywells were included in plan. Commission members agree that they need time to review the new information submitted and allow time for the in -house drainage review to be completed. The applicant agrees to a continuance. Bertoni asks if there are any questions from the audience. There are none. Paluzzi moves to continue to the March 4, 2014 meeting. Seconded by Buchsbaum. The motion carries 6 -0. New: 890 Hale Street — erect fence along property boundary — Robert & Elaine Seliger Maxner reads legal notice. Miranda Gooding, of Glovsky & Glovsky, representing the applicant summarizes proposal to install a black vinyl coated, 6 -foot high chain link fence to indicate private property boundary and block trespassers. Architect Thad Siemasko describes how a new house is being built at the site well outside the 100 -foot buffer zone. Siemasko explains that fence will be installed within bordering vegetated wetland and across sections of intermittent streams and the 100 -foot buffer Conservation Commission February 4, 2014 Meeting Minutes Page 4 of 7 zone, noting that approximately 50 square feet of BVW would be altered directly by the footings. He notes that the bottom of the fence will be four inches above ground to allow animal migration. A hand held power auger will be used to dig holes for sonotubes footings. He notes that also proposed is removal of dead trees, brush and invasive species as may be identified along the bank and. No soil will be left exposed from excavation for footings. A six -month walk through would be done to review stability of fence. The property was surveyed and plan is for no major trees to be removed. Discussion ensues about how there is a path off property but there is a connection at the culvert, which trespassers cross over onto the subject property. Maxner states that a few years ago Hancock Associates had submitted a RDA and plan for landscape improvements and trail enhancements but that application was withdrawn and never acted on by the Commission, noting that the Commission never walked the site or observed the wetland line. Buchsbaum expresses his concern about permanent fence within buffer zone and 25 foot no disturb zone relative to wildlife corridor and habitat. Robert Seliger describes how carriage house on the property has been refurbished where he and his family spend time, and that the offensive activities by trespassers on property has motivated family to want to install fence. Bertoni asks if there are any questions from the audience. There are none. Paluzzi moves to continue until the March 4, 2014 meeting with a site visit on March 1, 2014 at 9:30 a.m. Seconded by Squibb. The motion carries 6 -0. New: 1 Brookwood Road — install a dry hydrant into existing pond for backup fire protection — Brookwood School, Inc. Maxner reads legal notice. John Morin, The Morin - Cameron Group, representing the applicant explains the School is proposing to install a dry hydrant in the small wildlife pond for backup fire protection. He notes work will take place within Land Under a Waterbody and 200 -Foot Riverfront Area of Chubb Creek, with temporary impact to Bank and BVW. In 2006 DeRosa Environmental restored the pond. Two concrete bollards are proposed to protect dry hydrant pipe, which goes to screen opening at the bottom of the pond. DEP had no comments on the NOI. Discussion ensued about possibility of using 40 feet of PVC pipe versus ductile iron based on cost and approval by Fire Department. A barge with equipment and material will be floated out on pond to do work. Washed, crushed stone will be installed from barge and pipe lowered down onto stone bed in pond. A three -foot wide trench will be excavated and sediment boom used. Work will impact bank of pond and lawn area for 25 feet. Discussion ensued on how this impact calculation should be included in application. Work will be done in August. Discussion ensued as to how the likelihood of pond being used to fill up a pumper -truck is low, but the proposal is to have extra fire protection for the School where a new addition is under construction. Maintenance would involve cleaning screen and checking that connections are not frozen with pipe installed below freeze line. Discussion ensued about the longevity of PVC versus iron pipe as well as potential to paint PVC to camouflage pipe in pond. Conservation Commission February 4, 2014 Meeting Minutes Page 5 of 7 Bertoni asks if there are any questions from the audience. There are none. There being no further questions or comments from the Commission and no questions form the public, Paluzzi moves to close the hearing. Seconded by Herbster. The motion carries 6 -0. OLD/NEW BUSINESS New: 50 Dunham Road — Informal Discussion Re: Site Development Options — Cummings Properties, Representatives Steve Drohosky& Michael Aveni Michael Aveni, Steve Drohosky Dennis Clarke, Dick Cutts and S. Erickson are present on behalf of Cummings Properties. Michael Avenit hanks the Commission for its time to informally discuss a couple topics that are a result of soil and ledge conditions discovered on the site relative to on -going work for the new parking garage and mixed use building and test borings at various locations on site. First, Aveni explains that stormwater management design needs to change relative to the on- going work explaining that the previously proposed bio- retention areas will not work. Erickson explains that based on soil exploration just outside the no disturb zone (NDZ) to the certified vernal pool located to the south, it appears that there are good soils for infiltration within the NDZ. He explains that the majority of the runoff would be clean roof runoff to be infiltrated within the NDZ. He explains that work involves disturbance to excavate and install a subsurface infiltrator and restoration with no need to work in that area again. Mitigation plantings are proposed in the NDZ and clean water groundwater recharge will support the hydrology of the vernal pool. Aveni goes on to explain a proposed mixed use building, parking, access and subsurface stormwater management to be located at the east side of existing building to avoid ledge at site. He explains the conceptual plan and stormwater system and the corresponding encroachments into the buffer zone and no disturb zones. Discussion addresses how chipping of ledge versus blasting would occur for building footings. Discussion ensues with the Commission as to the area of potential disturbance in the NDZ, the existing hydrology of the vernal pool, opportunities for mitigation and resource area enhancements. The Cummings team thanks the Commission for their time and initial feedback on these topics. New: 3 Greenwood Avenue, DEP File #5 -946 — tree removal request — Nik Paras Maxner explains that this property is subject to an Order of Conditions that governs the construction of a subsurface septic system associated with a new single - family house. Paras reports that all of the site work is complete related to the septic system and house and the Order is due to expire on April 13, 2014. Maxner explains the need to secure a Certificate of Compliance. Conservation Commission February 4, 2014 Meeting Minutes Page 6 of 7 Nik Paras, property owner of 3 Greenwood Avenue, explains that recently a 90 -foot pine tree located across the street fell over. This spurred him to contact arborist Mark Ciccoria who had provided diagnosis of all hazardous trees on the property that were in poor condition, leaning and posed a threat of falling on the house. Maxner reports on her site visit and provides the Commission with photos of the subject trees. She notes her observations of the various trees and agrees that most have issues. Paras offers to do additional mitigation plantings (i.e., fast, growing, deep rooted, indigenous trees). Maxner states that seven trees should be cut flush and left rather than stumps ground. Paluzzi moves to allow the seven trees to be removed, flush cut with stumps remaining subject to a re- planting plan in vicinity of buffer and wetland be submitted and executed before release of the Certificate of Compliance. Seconded by Buchsbaum. The motion carries 6 -0. New: Review of Minor Proiect Permit, 76 West Street Architect Thad Siemasko representing the applicant summarizes renovation work to extend screen porch, and replace deck with sonotubes in buffer zone where drainage needs to be improved in 80 -foot area. Maxner notes that this meets all requirements of Minor Project Permit since proposed work is more than 50 feet away and grade is not changed in buffer zone. A concrete slab is proposed for under deck. Discussion ensues about tall, mature, failing tree near house that needs to come down with a replacement tree proposed (i.e., red maple). Squibb moves to approve Minor Project Permit for 76 West Street with the following conditions: ➢ Erosion controls shall be installed per the plan and inspected by the Conservation Agent before work begins. ➢ A maple tree shall be planted to mitigate for the loss of the tree next to the house. Maple tree can be planted outside the buffer zone. Seconded by Paluzzi. The motion carries 6 -0. Revisions to Ordinance & Regulations — Review & Discussion Maxner states that she will provide the Commission with revisions soon as her schedule will allow time. New: Expenditure Approvals Paluzzi moves to approve payment of $125 for Special Counsel Jeff Roelofs for 50 Dunham Road ANRAD appeal for services rendered from January 15 -30, 2014. Seconded by Herbster. The motion carries 6 -0. Approval of Minutes — November 12, 2013 Conservation Commission February 4, 2014 Meeting Minutes Page 7 of 7 Members provide amendments to Maxner. Buchsbaum moves to approve the amended Novemberl2, 2013minutes. Seconded by Paluzzi. The motion carries 5 -0 -1, five in favor with Russo abstaining. Orders of Conditionsl Brookwood Road — install a dry hydrant into existing pond Discussion ensues as to possible conditions for the project. Paluzzi move to issue Standard Conditions and the following Special Conditions as discussed: 1. The project engineer shall provide the bank impact calculations to the Commission for its file immediately upon receipt of this Order of Conditions. Work may not commence until this condition has been satisfied. 2. The Sediment Boom (or equal) as depicted on the approved plan is not an option but a requirement under this Order, and it shall be installed prior to any work commencing. 3. The Conservation Commission prefers the use of PVC for the proposed pipe, however, if use of PVC proves not to be an option, the applicant or project engineer shall provide written rationale for using an alternative material. 4. Should dewatering prove necessary, methods and materials to handle dewatering shall be reviewed with the Conservation Administrator and the project engineer prior to implementation in the field. 5. The project engineer shall be on site during active work phases and excavation. 6. As indicated by the project engineer during the February 4, 2014 hearing, the project shall be undertaken during the driest, low flow part of the year and care shall be taken to monitor the weather for precipitation events so as to avoid unnecessary erosion and runoff into and from the project area. 7. The sediment boom shall be left in place until all turbidity has settled within the water column and the Conservation Administrator has verified such conditions. 8. A spill kit shall be stored on the barge and documentation of such shall be provided to the Conservation Administrator prior to work commencing. Seconded by Herbster. The motion carries 6 -0. Adjournment Paluzzi moves to adjourn at 10:45 p.m. Seconded by Herbster. The motion carries 6 -0. The next regular meeting of the Conservation Commission is Tuesday, March 4, 2014 at Beverly City Hall, 191 Cabot Street 2013 at Beverly City Hall, 191 Cabot Street.