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2014-03-04CITY OF BEVERLY PUBLIC MEETING MINUTES BOARD: Conservation Commission SUBCOMMITTEE: DATE: March 4, 2014 BOARD MEMBERS PRESENT: Christine Bertoni - Chair, Robert Buchsbaum - Vice Chair, Tony Paluzzi, Stephanie Herbster, Robert Russo, Bill Squibb and Paul Knight 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 that she has received requested stormwater maintenance documentation with exception of illicit discharge compliance statement. The applicant's engineer plans to provide that document to Maxner. Paluzzi moves to continue in favor or receiving the illicit discharge compliance statement document. Seconded by Squibb. The motion carries 7 -0. New: 412 Hale Street, DEP File #5 -1081 — landscape & pedestrian access improvements at academic building — Landmark School Maxner states that the Order, issued in June of 2012, governed pedestrian, landscaping and building facade improvements in a classroom at the center of the campus. As part of the Order was a Special Condition specifying species that would be part of final landscaping installation for re- vegetation of areas to be graded in and amongst ledge outcroppings with list to be submitted to the Conservation Administrator for the file. Maxner has requested a copy of this list. She explains that because of the shallow depth of the soil a seed mix was used. She explains that due to snow cover and ground conditions she cannot verify the as -built conditions. Paluzzi moves to continue until the April 1, 2014 meeting. Seconded by Buchsbaum. The motion carries 7 -0. Conservation Commission March 4, 2014 Meeting Minutes Page 2 of 11 New: 412 Hale Street, DEP File #5 -909 — athletic complex, new field, gymnasium & parking — Landmark School Maxner states that this is the same situation as the previous Order where she cannot verify site conditions due to snow cover. In addition she wants more time to review the Order relative to Special Conditions that the School was obligated to comply with and to verify she has received all required documents. Buchsbaum moves to continue until the April 1, 2014 meeting. Seconded by Squibb. The motion carries 7 -0. REQUEST FOR DETERMINATION OF APPLICABILITY New: 42 Woodbury Street — construct deck, patio & hot tub — Jean Soulios Maxner reads legal notice. Mary Rimmer, Rimmer Environmental Consulting, representing the applicant explains the property is bounded by stonewall above the beach. The proposed work is to construct a deck, access stairs to basement, and bluestone patio on the south side of the house within the 100 -foot buffer zone to coastal bank. Minor grading to accommodate the patio is the closest part of the work to the bank at about 38 feet. FEMA Flood Zone VE is located on site at elevation 11 and work will be outside this zone. There is lawn and no natural vegetation would be disturbed as part of work. Rimmer notes that erosion control would be used near construction. Discussion ensues about proposed use of sonotubes outside of buffer zone. Bertoni asks is there is addition of impermeable surface with patio set in sand where installation requires some grading. Rimmer states that the patio would not be completely impervious, and the grading or work would not impact the integrity of the coastal ban. Buchsbaum asks if the flood zone demarcation is based on the most recent FEMA flood maps. Rimmer confirms it is, and because this is so flat it would not impact flood zone. The existing concrete patio that the deck will go over will remain in place. Paluzzi moves to issue a Negative #3 Determination with condition that erosion control installation be inspected by Conservation Administrator before work starts. 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. ABBREVIATED NOTICE of RESOURCE AREA DELINEATION Cont: 302 Hale Street, vicinity of Center for Nursing & Healthcare Professionals Building — Endicott College c/o Dennis Monaco Conservation Commission March 4, 2014 Meeting Minutes Page 3 of 11 Maxner states that snow cover conditions have hampered any meaningful observations of the resource areas. Paluzzi moves to reschedule the site visit to March 22, 2014 at 9 a.m. Seconded by Herbster. The motion carries 7 -0. Paluzzi moves to continue the hearing until the April 1, 2014 meeting. Seconded by Buchsbaum. The motion carries 7 -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 had previously voted to continue this until the April 1, 2014 meeting. 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 April 1, 2014 meeting since the Commission is waiting for the applicant to provide funds for the peer review of the drainage. Buchsbaum moves to continue to the April 1, 2014 meeting. Seconded by Squibb. The motion carries 7 -0. Cont: Brimbal Avenue, Phase 1 Route 128 Interchange Improvement — relocate connector road, reconstruct Brimbal Avenue, perform drainage improvements — City of Beverly Maxner notes that the Commission had previously voted to continue this until the April 1, 2014 meeting. 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, mentions that the Michael Collins, Commissioner of Engineering and Public Works, has given a favorable response to the Commission regarding stormwater management. Maxner states that the two outstanding issues from the last meeting were the streams and the applicant's engineer provided supplemental information and stream stats calculations to show that both are intermittent. She notes the comment letter from Collins regarding his cursory review of drainage, which indicates he is comfortable all of the standards have been addressed. Discussion ensues about Collins suggesting a peer review versus in -house review. Buchsbaum mentions the small watershed and DEP's determination the streams are intermittent and notes that he is comfortable with thate determination. Bertoni concurs. Discussion addresses how the intermittent stream is a conveyance during storm events. Maxner asks the Commission if it is comfortable with the information provided to determine the streams to be intermittent. Members concur and are in agreement that they are indeed intermittent. Conservation Commission March 4, 2014 Meeting Minutes Page 4 of 11 Maxner suggests the Commission could put a Special Condition in the Order that requires in the unlikely event that this definitive sub - division gets permitted with the Planning Board with this yield design that the public hearing be re- opened and a full peer review be done on the drainage. Discussion addresses how as part of OSRD filing, the applicant needs to get waiver relative to the conceptual plan stating there is no alternative to construction encroaching into No Disturb Zone (including roadway), and this determines number of lots that can be built. Ogren notes that thought has been given to moving houses farther away from pond as part of open space plan. Discussion ensues as to how the roadway was moved outside the 25' NDZ per the Commission's Order of Conditions for the access drive for the Next Generation Child Care facility. Ogren said the neighborhood does not want to see the alternative roadway used. He adds that NOI filing was for permitting roadway itself, which is outside of No Disturb Zone, but that the associated grading and drainage structure is in the NDZ. Bertoni asks if there are any questions or comments from the audience. There are none. There being no further questions or comments from the Commission, Paluzzi moves to close the hearing. Seconded by Buchsbaum. The motion carries 7 -0. Cont: 890 Hale Street — erect fence along property boundary — Robert & Elaine Seliger Maxner states that the site visit has been cancelled due to significant snow coverage thus hampering any meaningful observations of the resource areas. The applicant has agreed to continue the hearing to the April 1, 2014 meeting, pending rescheduling the site visit March 22, 2014 at 10 a.m. Paluzzi moves to continue until the April 1, 2014 meeting. Seconded by Squibb. The motion carries 7 -0. New: Cabot & Herrick Streets — replace section of 3'x 4' stone box culvert with new 42 -inch RCP, reconstruct retaining wall — City of Beverly c/o Michael Collins Commissioner Department of Public Works & Engineering Herbster recuses herself and leaves the meeting. Maxner reads the legal notice. David Agnello, with Dewberry Engineers representing the City of Beverly, introduces the project which is part of an overall upgrade of a 2 -mile stretch of Route IA, including Cabot Street and Rantoul Street. He notes that Mass. DOT will be paying for this two -mile project (including new underground utilities, drainage, traffic signals, landscaping trees, furniture such as benches, improving ADA, road pavement and sidewalks) and this work is part of that overall project. He explains the existing 3' by 4' stone box culvert and existing headwall near the intersection of Cabot and Herrick Streets are in disrepair. He reviews the project plan, which involves replacing the box culvert with at 42" pipe, replacing the headwall, dredging silt built up in front of the culvert, lowering the bank profile and installing rip rap along the side slopes of the bank. He notes that this project is a Limited Project pursuant to 310 CMR 10.53 (3) (k) as it is a "routine maintenance and Conservation Commission March 4, 2014 Meeting Minutes Page 5 of 11 repair" of existing roadway drainage structures. He goes on to explains work proposed within several resource areas, noting that a large percentage of the work would be done from Cabot Street: • Inland Bank — 86 feet of alteration proposed, including the lowering of the bank elevation, grading, extensive rip rap installation — He notes that a Wildlife Habitat Evaluation was completed very recently and forwarded to the Commission; • Land Under Waterbody — 635 square feet of impact by way of dredging 46 cubic feet of sediment; • Bordering Land Subject to Flooding — 2960 square feet of temporary impact; • 200 -Foot Riverfront Area — 2960 square feet of impact — this stream is perennial, therefore receiving a 200' RA. Bertoni expresses her doubts as to whether or not this is a Limited Project, if this is a routine maintenance and repair of existing structures since the current structure is being removed and replaced with an entirely different structure (i.e. remove stone box culvert and replace with 42" pipe). Bertoni asks if hydraulic calculations have been done to show that the new 42" pipe will handle the flow as it is currently and there won't be a restriction at this point. Agnello notes tthat the existing 42" handles flow fine and it is a matter of extending it to the mouth of the inlet. The dredged sediment will be tested for hazardous material. Buchsbaum asks if the ACOE stream crossing standards have been considered. Agnello notes that he did not believe this project triggered those requirements but will double check. He goes on to explains that the contractor will submit a construction staging plan for review and approval by structural engineer. The timeframe for the project is to get contractor on board (who will manage subcontractors) in mid - September and total construction of entire project is anticipated to take one and a half years to be paid for entirely by the state. Discussion ensues as to additional information the Commission will need to fully evaluate the project. Bertoni asks if test borings were performed to determine the depth and extent of the sediment to be removed and to ensure that the contractor does not over -dig into natural substrate. Agnello responds that the natural channel bottom should be matched once the elevation of the inlet is reached. Bertoni asks if there are any questions or comments from the audience. Resident of 9 Herrick Street, inquires about how drainage will be redirected and her concern of her basement flooding during this project due to flow pattern changes. Agnello notes that the water would be redirected through the 66" culvert for a temporary period of time (i.e., three months) rather than duration of project and does not expect any problems in that regard. Maxner reviews the following additional information as requested by the Commission: Conservation Commission March 4, 2014 Meeting Minutes Page 6 of 11 • Existing conditions plan • Extent of existing vegetation within the work areas • Plan revised to show all work within the Riverfront and buffer zone (i.e. drain pipes, catch basin replacement, pavement removal and replacement) • Restorative planting plan with plant schedule included on plan • Address Army Corps' stream crossing standards There being no further questions or comments from the Commission at this point, Paluzzi moves to continue the hearing to the April 1, 2014 meeting, pending a site visit scheduled for 11:00 a.m. on March 22 Seconded by Squibb. The motion carries 6 -0. It is suggested that everyone park and gather at the Balch Playground parking lot. Herbster returns to the meeting. New: 5 Quincy Park — repair seawall — Jack Altshuler Maxner reads legal notice Robert Griffin, Griffin Engineering, representing the applicant, explains the project, which entails reinforcing concrete seawall by adding rip -rap revetment, the tow of which will be installed 2' below grade, mean high water line touches wall and area is gravely, sandy at low water. The revetment will be embedded below beach level grade and extended up to within 2 feet of the top of the existing wall. He explians that the existing wall was subject to repair under an Order (that has been closed out with a C of C) back in 2009/2010 involving pouring a new layer of concrete on top of the old concrete surface that was experiencing cracking. Bertoni inquires as to the permanent impacts to the resource areas resulting from the placement of this rip -rap. Griffin notes this area is not suitable substrate for soft clam growth but could be for blue mussels but does not anticipate impacts to the resources and how they function currently. Buchsbaum notes that the rip -rap will be in the intertidal zone, and if a Chapter 91 license will be required. Griffin confirms that a Chapter 91 will most likely be required, noting that the Order of Conditions is a prerequisite for a 91 license. Herbster asks how the excavated sand to bury the tow be handled. Griffin expects that is would be left on the beach to be taken and redistributed by the tides. Discussion ensues about how the sand would disperse naturally rather than any being removed mechanically, and location is in intertidal zone. Buchsbaum notes that it appears that the rip -rap will extend off the property and asks how can work be done on others' property. Griffin notes that it is most likely Commonwealth -owned land and it is his understanding that the Chapter 91 license process provides permission for work on said land. Buchsbaum asks for confirmation on that as he would not be inclined to approve work without the land owner's approval. In response to Pauzzi's questions, Griffin explains the work would be done during low tide cycles and rock will be delivered to Quincy Park side and a mini - excavator to be brought in from Water Street to place rock. Discussion addresses how metal staircase bolted to the wall would be removed Conservation Commission March 4, 2014 Meeting Minutes Page 7 of 11 and replacement removable staircase added for access to beach. Discussion addresses how a single - family house projects such as this are exempt from stormwater management standards. Griffin notes that a similar revetment was permitted at another location in Beverly recently. Buchsbaum notes the Division of Marine Fisheries recommends an alternative analysis for placement of rip -rap in the resource area and notes his preference of finding an alternative to the current proposal. Bertoni concurs and would like more information as to what else is possible to protect the seawall but limit impact to the beach. Russ asks if they will be using geo- textile as part of the tow of rip -rap. Griffin notes that about 200 feet of geo - textile fabric at 5' widths will be installed at base of the excavation. Members agree a site visit is needed. Bertoni asks if there are any questions or comments from the audience. There are none. There being no further questions or comments from the Commission, Paluzzi moves to continue the hearing to the April 1, 2014 meeting pending a site inspection scheduled for March 22n at 12:00 noon. Seconded by Buchsbaum. The motion carries 7 -0. OLD/NEW BUSINESS New: 27 Whitehall Circle, DEP File #5 -1015 — Request for Minor Modification to Order of Conditions — Manor Homes Development, LLC c/o David Carnevale Robert Griffin, Griffin Engineering, explains that the Order issued in November of 2009, governs the construction of a new single family house, deck, pool, patio, driveway, landscaping and associated appurtenances within 100 -Foot Buffer Zone to Bordering Vegetated Wetland. He describes how the prospective purchaser is interested in modifying the site plan by eliminating the pool and 350 square feet less of impervious surface in buffer zone. He explains the minor changes that include revising building footprint, eliminating the front walk, revise and relocate driveway, walk out basement revised to a conventional basement with bulkhead requiring additional fill and installation of second retaining wall along south and west side of rear yard, and elimination of pool. Discussion ensues about one retaining wall that was built to specifications and second 6' retaining wall (stone) was not part of original plan since the prospective buyer is not interested in a walkout basement. There will still be two drywells to capture roof runoff. The drain line pipe will be fed through a void in boulders. Discussion addresses how some of the soil stockpile at the site would be moved to other lots of the subdivision. Maxner suggests that new line of hay bales and silt fence be installed on house side of existing stonewall. She states how Special Conditions #2 and #3 no longer apply and recommends a new Special Condition about installation of erosion controls upland of stonewall fence. Work is expected to occur in spring. Maxner states that a pre - construction meeting is needed. Paluzzi moves to approve the minor modification, eliminate Special Conditions #2 and #3 of the original Order of Conditions, add a Special Condition requiring fresh erosion controls upland of Conservation Commission March 4, 2014 Meeting Minutes Page 8 of 11 stonewall and a pre - construction meeting with Conservation Administrator. Seconded by Buchsbaum. The motion carries 7 -0. New: 15 Cole Street, DEP File #5 -1111— Request for Minor Modification to plan to construct attached garage — Jeanne McKenna Bob Griffin representing the applicant describes how the proposal was for 18' by 20' garage to attach to existing house that would have encroached on property line setback and so the design was modified making garage narrower. There would be a side door for access to driveway, and 7' exposed, poured concrete wall with footing. Griffin explains the new dimensions would be 14'x22', with the rear of the garage being 62 feet from the edge of the wetland. Discussion ensues about removal of excavated material off site as a Special Condition. Paluzzi moves to approve the Minor Modification with the Special Condition about removal of excavated material off site. Seconded by Buchsbaum. The motion carries 7 -0. New: 783 Hale Street, DEP File #5 -918 — Request for Extension to Order of Conditions — John Margolis Maxner states that the Order, issued in May 2006, governed house renovation, garage addition, installation of a deck, removal of historic yard waste debris, landscaping, and invasive specie management and replanting within Bordering Vegetated Wetland, 100 -Foot Buffer Zone and 200 - Foot Riverfront Area. The Order was modified three times for landscape work and all that remains is construction of the garage. The house is under agreement and the new owners would like to construct garage but the permit expires in May 2014. Mr. Margolis is interested in securing an extension with an new expiration date of May 17, 2015, for the new owners to construct the garage. He will also come to the Commission for a partial Certificate of Compliance for the work that he has had done. Paluzzi moves to approve the extension for one year. Seconded by Buchsbaum. The motion carries 7 -0. New: Minor Project Permits Issued by Administrator Maxner notes that she has not issued any Minor Project Permits since the last meeting. New: Expenditure Approvals Paluzzi moves to approve payment of $115 each to Chris Bertoni and Robert Buchsbaum, plus $2.50 in tolls for reimbursement of their registration cost for attending the MACC Annual Conference. Seconded by Herbster. The motion carries 5 -0 -2 with Bertoni and Buchsbaum abstaining. Revisions to Beverly Wetlands Protection Ordinance Maxner to work on red -lined version for the Commission. Conservation Commission March 4, 2014 Meeting Minutes Page 9 of 11 Approval of Minutes — December 10, 2013 Members provide amendments to Maxner. Paluzzi moves to approve the amended minutes. Seconded by Herbster. Knight and Russo abstain, as they were not members at the time. The motion carries 5 -0 -2 (5 in favor, 2 abstensions). Orders of Conditions 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 Discussion ensues as to waiver criteria from the 25' NDZ for the grading and stormwater structures along with the proposed mitigation. Members review the criteria and the applicant's meeting the burden of proof that there are no practicable alternatives. After due discussion and consideration, Paluzzi moves to issue a waiver from the 25' NDZ to allow for project activities based on the Commission's findings as just discussed. Seconded by Buchsbaum. The motion carries 4 -0 -2 with Russo and Knight abstaining. Discussion ensues as to potential conditions to incorporate into the Order of Conditions. Paluzzi moves to issue Standard Conditions with the following Special Conditions as discussed: 1. With the understanding that this particular definitive subdivision plan serves as the yield plan for an eventual OSRD site plan to be submitted to the Planning Board, the Conservation Commission was of the opinion that the in -house drainage review performed by Michael Collins P.E., Commissioner of Public Works & Engineering, as documented in his letter dated February 28, 2014, was sufficient for the purposes of reviewing the Notice of Intent application and issuing this Order of Conditions. However, should this particular definitive subdivision plan ever advance to the actual development stage, a formal third party peer review of the stormwater drainage system shall be conducted prior to any activity on site. The project proponent shall submit a letter of intent to construct this plan along with copies of the plans, stormwater report and drainage calculations to the Conservation Commission. Upon receipt of this letter of intent and materials, the Conservation Commission shall schedule a public hearing in compliance with the applicable Open Meeting Law and public notice requirements. The applicant /project proponent shall be responsible for notifying the abutters pursuant the Beverly Wetlands Protection Ordinance Article XXXVII. The Commission will reopen the public hearing to review the material and secure the services of an independent third party consultant to conduct a full peer review of this stormwater drainage design/system for compliance with the Massachusetts Stormwater Standards & Regulations. This condition was discussed with and agreed to by the project applicant at the March 4, 2014 Conservation Commission public hearing meeting. 2. The limit of the 25 -Foot No Disturb Zone shall be demarcated with markers made of a weather resistant material, and shall be installed such that they are not less than 3 feet above grade to ensure visibility in the field. Each No Disturbance Zone marker shall bear, on their Conservation Commission March 4, 2014 Meeting Minutes Page 10 of 11 upland side, by way of permanent weather resistant plaque or engraving, the following language: "No Disturbance Of Any Kind Beyond This Point By Order of the Beverly Conservation Commission ". The Commission or its agent shall determine the interval at which the markers shall be installed. Maintaining these markers in good condition is required and this requirement shall survive in perpetuity beyond the issuance of a Certificate of Compliance. 3. Snow management and storage shall not occur in wetland resource areas or associated buffer zones within the development. Management, movement and storage of snow on site shall take place in appropriate upland areas outside the 100 -foot buffer zone or taken to an appropriate off -site facility. This condition shall survive in perpetuity beyond the issuance of a Certificate of Compliance. 4. Removal of remnant broken asphalt within the buffer zone to the pond bank and bordering vegetated wetland is a requirement of this Order and this material shall be removed from site and disposed of at an appropriate off -site facility. 5. Execution of the "25 -Foot Buffer Zone Mitigation, Essex Crossing, Beverly Massachusetts" dated December 20, 2013 prepared by Hayes Engineering, shall be a requirement of this Order. All restoration plantings shall exhibit 75% survivorship after two growing seasons post installation. A wetland scientist or other qualified professional shall verify restoration plant survivorship. A wetland scientist or other qualified professional shall monitor the success of the invasive specie removal effort and his /her findings thereto, along with the plant survivorship determination, shall be submitted to the Commission. Seconded by Buchsbaum. The motion carries 4 -0 -2 with Russo and Knight abstaining. 143 Valley Street — Tree removal request Maxner states the Commission has received a tree removal request at 143 Valley Street. She notes that this abuts Chubbs Brook with corresponding 200 -foot riverfront, and one of the trees slated for removal is on the embankment to the Brook. The property owners had submitted photos and their opinion that tree is hazard to people and property at 60' away from house downhill on embankment. Maxner opines that the deciduous tree appears to be dead and suggests that an arborist report is not needed. A large double - trunked hemlock is located next to the house, which Maxner thought this was a hazard as it is hollow at the confluence of the two trunks. After due discussion and deliberation members agreed that the dead tree should remain for wildlife habitat but that the property owner could flush cut the hemlock tree next to the house. Paluzzi moves to approve removal of the hemlock tree adjacent to the house, but requiring that the tree on the embankment be left as is. Seconded by Buchsbaum. The motion carries 7 -0. Preston Place /Pole Swamp Lane — Signne Requirement, DEP File #5 -971 — J. Soursourian Maxner notes that she has developed a template for the signage that is required per Special Condition # 6 of the Order, and provides a copy for the members to review. Members suggest minor changes to the size and some language and give Maxner the okay to pass along to the applicant as a guide. Conservation Commission March 4, 2014 Meeting Minutes Page 11 of 11 Adiournment There being no further business this evening, Paluzzi moves to adjourn at 10:35 p.m. Seconded by Buchsbaum. The motion carries 7 -0. The next regular meeting of the Conservation Commission is Tuesday, April 1, 2014 at Beverly City Hall, 191 Cabot Street 2013 at Beverly City Hall, 191 Cabot Street.