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2004-05-04City of Beverly, Massachusetts Public Meeting Minutes Board: Conservation Commission Subcommittee: Date: May 4, 2004 Place: Beverly City Hall, 191 Cabot Street Board members present: Chairman David Lang, Eileen Duff, Ian Hayes, Dr. Mayo Johnson, Anthony Paluzzi, William Squibb Board members absent: Linda Goodenough Others present: Amy Ellert- Maxner, Environmental Planner Recorder: Amy Ellert- Maxner The regular meeting of the Conservation Commission is called to order by Chariman Lang at 7:00 p.m.. Certificate of Compliance 7 Margaret Avenue, DEP File #5 -703 — McNeil/Lawler Gloria Lawler is present. Maxner states the Commission has received a request for a Certificate of Compliance for 7 Margaret Avenue. Maxner provides photos of the site from her site inspection for members review. Changes made to the initial plan include the removal of the side deck and front enclosed porch. Granite steps and retaining walls for access to the house from the driveway were installed as well, where just a dirt path existed before. Since the applicant did not have professional engineered plans drawn for this project, (the mortgage inspection plot plan with application were used) neither an as- built or affidavit from a P.E. was submitted. Paluzzi moves to issue a Certificate of Compliance with a waiver from Condition #41 (2) & (3). Seconded by Duff All members are in favor. Motion carries 6 -0. Recess for Public Hearing Paluzzi moves to recess for public hearings. Seconded by Johnson. All in favor. Motion carries 6 -0. Notice of Intent Cont: Lot B, Off Haskell Street, DEP File #826, Frank Romano Peter Ogren of Hayes Engineering represents the applicant. This Notice of Intent involves the construction of a single family home, driveway and associated Conservation Commission Meeting Minutes May 4, 2004 Page 2 of 12 appurtenances in the Buffer Zone to BVW and IVW. Peter Ogren has submitted correspondence concerning groundwater level data for fall and spring 2002 and 2003. On April 23, Maxner accompanied Nicole Hayes and Gary Sanford with Sanford Ecological and Libby Wallace from Hayes Engineering to survey the IVW for Vernal Pool function. They found no evidence of Vernal Pool species breeding, egg masses or other indicators. The leaf litter on the bottom of the IVW contained no invertebrate species or other insects to speak of Dr. Sanford states that the hydrology of the Isolated Vegetated Wetland does not seem to be supportive of Vernal Pool function as the maximum depth was measured at approximately 8 inches, and mentions the there has been above normal precipitation recently. He goes on to explain the criteria for Vernal Pool identification according to Natural Heritage and Endangered Species program and cites 310 CMR 10.00 requirements. Lang opens the discussion to the public. Ann Marie Nehme, 10 Webster Avenue, states that she represents the neighborhood group, and states that she has observed egg masses in the IVW during past years and is convinced that the area is Vernal Pool habitat. She goes onto point out that water levels in that area are very high, especially during the months of December through June and she usually has her sump pump operating continuously throughout those times. She states it is worthy to consider that this has been the 3 rd driest winter on record, and low levels of groundwater may be a factor in low levels in the IVW. She explains that in speaking with Leo Kenney and Rick Roth, Cape Cod has reported 20% fewer fairy shrimp and other Vernal Pool indicators than usual this year. She asks that the Commission look closely to its regulations as they pertain to Land Subject to Coastal Storm Flowage that may apply to this area. Lang asks what the neighbors are asking the Commission to do. Nehme states that they believe this is not an approvable project especially considering the Vernal Pool habitat and already severe flooding situation that exists. She also states that the neighbors are very disappointed with AMG on going back on their word that they would not develop the property further. Brandon Ruggieri, attorney for AMG, states that the company is looking into the possibility of placing a permanent conservation restriction on the property at some point in the future. Joan Johnson, 677 Hale Street, reads portions of a letter submitted by the Beverly Conservation Land Trust, and explains that there is a ZBA decision that does not allow further residential development without a special permit from the ZBA Maxner states that there is a revised ZBA decision that eliminates that language and only further commercial development requires a special permit or variance from the ZBA. Conservation Commission Meeting Minutes May 4, 2004 Page 3 of 12 Warren Mitchell, 40 Haskell Street, states that there are no catch basins in the area and all of the runoff dumps into the ditch that runs along his property and the existing culvert at Haskell Street barely functions as it should. He is very concerned about the impact the project will have on the existing severe flooding problems in that area. Lang states that the Department of Public works would be the entity to approach about the function of the culvert and possibility of adding catch basins. He goes onto to say that maybe the engineer could work out a solution for the flooding by expanding the capacity of the wetland area up stream. Ogren states that these issues should have been brought forward long ago and delays the project unnecessarily. Duff states the issues raised tonight by the neighbors are significant and the flooding issue should be looked at more closely. Hayes agrees and asks if drainage calculations could be provided for this project, he also would like for the material of the driveway to be reconsidered as asphalt may exacerbate the flooding situation. Lang asks if there is a motion to close the hearing. Squibb motions to close the hearing, seconded by Johnson, Lang in favor. Duff, Hayes, Paluzzi opposed. Motion fails, hearing is continued to the May 25 meeting. The Commission requests the following additional information: ➢ Drainage /runoff calculations for per and post construction ➢ Feasibility of raising the grade of the area between the IVW ➢ Information about the material of the driveway Cont: 46 Neptune Street, DEP File #839, Peter Lappin John Dick of Hancock Associates represents the applicant. This project involves the installation of an in- ground pool and stabilization plantings on the Coastal Bank. The Commission conducted a site inspection on Saturday, April 24, 2004. There was some discussion regarding the choice of species for the Bank plantings and that maybe a more diverse mix of plants should be used. There being no further questions or comments from the Commission or the public, Paluzzi moves to close the hearing. Hayes seconds. All members are in favor. Motion carries 6 -0. Cont: 675 Hale Street, Ralph Vogel This project involves treatment of a pond to eliminate and control nuisance vegetation. A The Commission conducted a site inspection on Saturday, April 24, 2004 and a copy of the previous Superseding Order of Conditions was provided to members. Maxner suggests that some of the special conditions set by the DEP may be carried over into the Commission's Order if the project is approved. Conservation Commission Meeting Minutes May 4, 2004 Page 4 of 12 Lang asks if there are any qeusitons from the public. Joan Johnson, 677 Hale Street, states that she would like to see sand bags used at the pond outlet when chemicals are applied and that the pond level be lowered at that time as well. There being no further questions from the Commission or the public, Paluzzi moves to close the hearing. Hayes seconds. Motion carries 5 -0 -1. (Johnson abstains). Cont: 2 Boyles Street, DEP File #5 -816, Manor Homes at Whitehall Maxner reads a letter from the applicant's representative requesting a continuance. Paluzzi moves to grant a continuance to the May 25, 2004 meeting. Seconded by Squibb. All in favor. Motion carries 5 -0 -1 (Hayes abstains). Cont: L.P. Henderson Road, City of Beverly Municipal Airport Daniel Nitzsche, Baystate Environmental Consultants, Inc., represents the applicant. This project proposes the extension of a runway and taxi -way construction which involves the filling of an Isolated Vegetated Wetland (IVW), and work within the Buffer Zone to IVW and BVW. A site inspection was conducted on Saturday, April 24 at which time members walked the site and viewed areas of proposed construction. Members were given a detailed description of the replication area and planting plan. Maxner suggests the Commission consider requiring periodic status reports for the replication area and that the waiver requirements for the 25 -Foot No- Disturb Zone are adequately discussed and addressed. Paluzzi asks what the final ratio of replication will be. Nitzsche states that it is 2.2:1 ratio. He also states that the number of shrubs has been increased as well as the diversity of species. Maxner asks what the depth to groundwater is in that area. Nitszche states that it was measured between 16 and 18 inches. Hayes asks where the proposed fill will be coming from. Nitszche states that has not yet been decided, and is not opposed to informing the Commission as soon as that is determined. Hayes states that could be a Special Condition. There being no further questions or comments from the public, Paluzzi motions to continue the hearing to the May 25, 2004 meeting. Seconded by Hayes. All in favor. Motion carries 6 -0. Cont: Essex Street, DEP File #5 -837, YMCA of the North Shore Michael DeRosa, DeRosa Environmental Consulting, represents the applicant. This project involves the construction of a parking lot and associated appurtenances for the new teen center building within the Buffer Zone to BVW and IVW. At the last meeting, Conservation Commission Meeting Minutes May 4, 2004 Page 5 of 12 Mr. DeRosa explained the YMCA is also proposing to clean out the intermittent stream running along the access driveway and add some restorative plantings along its edge, which will include highbush blueberry, winterberry as well as wetland seed mix. Mr. DeRosa has surveyed the Isolated Vegetated Wetlands and has found no evidence of Vernal Pool function. He also explains that there will be evergreen trees, species to be determined placed on the berm adjacent to the Hawk Hill subdivision. Lang asks if there are any questions from members. There are none. Lang asks if there are any questions from the public. There are none. Paluzzi moves to close the hearing. Duff seconds. Motion carries 5 -0 -1. (Johnson abstains). Cont: 359 Hale Street, DEP File #5 -840, David Staskin Michael DeRosa, DeRosa Environmental Consulting, represents the applicant. This project involves the extension of an existing deck into the 25 -Foot No- Disturb Zone, and Buffer Zone to Coastal Bank. A site visit was conducted on Saturday, April 24. Mr. DeRosa will be writing a letter to withdraw this Notice of Intent and combine this activity with the submittal of the next Notice of Intent. Paluzzi moves to close the hearing. Hayes seconds. All in favor. Motion carries 6 -0. New: 359 Hale Street, David Staskin Maxner reads the legal notice. Mr. DeRosa represents the applicant. The applicant proposes to construct a sunroom addition and extension of deck within the 25 -Foot No- Disturb Zone, and Buffer Zone to Coastal Bank, as well as decommission the existing failed septic system and connect to the city sewer line. There is a change in the Coastal Bank restoration plan from what was originally proposed with the deck work. He explains the DEP has not assigned a file number yet. He explains that the new impervious surface will equal 603 square feet, and the Coastal Bank mitigation and replanting is a 4.9:1 ratio. He explains there will be a3 year maintenance and monitoring plan for the Bitter Sweet eradication effort. The existing septic tank will be pumped and crushed in place. Johnson asks how landscaping the Coastal Bank is justification for allowing encroachment into the 25 -Foot No- Disturbance Zone. DeRosa states that on the state level there is a huge push to address invasive species in any situation that may present itself. Invasive species is a big problem throughout the state and this particular restoration plan will have a significant positive impact on wildlife habitat. Conservation Commission Meeting Minutes May 4, 2004 Page 6 of 12 Squibb asks a clarifying question about the application of Rodeo. DeRosa states Rodeo will be applied mostly during the first season, and monitored thereafter for the need to reapply. Hayes states that even though the project encroaches fairly considerably into the No- Disturbance Zone, he feels that the proposed mitigation on the Coastal Bank and removal of septic system are very positive parts of the project. He believes the sunroom and deck to be fairly low impact with limited excavation. Lang asks if there are any questions from the public. Joan Johnson, 677 Hale Street, asks how the disposal of the bittersweet will be handled. DeRosa stated that it will be cut and chipped and disposed of off site in the trash. There being no further questions from members or the public, Paluzzi moves to close the hearing. Seconded by Hayes. Dr. Johnson is opposed. Motion carries 5 -1. New: 9 Thoreau Circle, Loyice Thomson Maxner reads the legal notice. John Thomson is present, and explains that he and his wife are proposing to construct an addition and deck extension to an existing single family home within the Buffer Zone to Bordering Vegetated Wetland. The proposed work will not extend further than the existing footprint of the existing deck, which is two to three feet just outside the 25 -Foot No- Disturb Zone. Maxner provides photos of the site from her site visit for members review. She explains that the subdivision as -built plan was used as the base map and believes that the wetland line is consistent with current conditions as there is a very steep slope off the rear of the yard and the wetland is located at the tow of that slope. Paluzzi asks if there will be excavation. Thomson states that the deck will be on piles and does not anticipate doing a full foundation for the addition. Lang asks if there are any questions from the public. There are none. Johnson moves to close the hearing. Seconded by Duff. All members are in favor. Motion carries 6 -0. New: 150 Sam Fonzo Drive, S & D Real Estate Trust (David Fonzo) Maxner reads the legal notice. The applicant is proposing to construct a 21,000 + square foot manufacturing building, parking and associated appurtenances within the Buffer Zone to Bordering Vegetated Conservation Commission Meeting Minutes May 4, 2004 Page 7 of 12 Wetland and Isolated Vegetated Wetland and within the 25 -Foot No- Disturb Zone. Maxner states that Commission member Linda Goodenough and herself met with the applicants, their consultants, the Mayor and Tina Cassidy as they wanted to gather ideas on how to work with the Commission with regard to the 25 -Foot No- Disturb Zone waiver criteria and how to better approach mitigation for encroachment into the No- Disturb Zone. Maxner has received a letter from the applicant's engineer, Peter Ogren, Hayes Engineering, requesting a continuance to the May 25, 2004 meeting for the purpose of having time to further study and provide additional information on the isolated area shown on the drawing. Paluzzi motions to grant a continuance to the May 25, 2004 meeting. Seconded by Squibb. All members are in favor. Motion carries 6 -0. New: 44 River Street, Mass. Electric Co. Maxner reads the legal notice. Mark Mahoney, Blasland, Bouck & Lee, Inc., and Elizabeth Greene, Massachusetts Electric Company d /b /a KeySpan Energy Delivery, represent the applicant. The applicant proposes to remove approximately 1,000 cubic yards of sediment containing coal tar from the Bass River to comply with Massachusetts Contingency Plan Class C Response Action Outcome. He explains that this site is considered a "1C" level site, which requires and LSP involvement with DEP oversight. Lang states that it should be clear that there are Tier 2 sites that require LSP involvement and DEP oversight as well. Mahoney concurs. Mahoney states that PCB's, chromium, arsenic, PAH's and petroleum hydrocarbons have been detected in the sediment. Lang asks what other permits are required. Mahoney explains that the Water Quality Certification will be tied directly to a detailed monitoring plan, Chapter 91 will be required as well as approval from ACOE. Lang asks if EPA will be involved. Mahoney states that he fully expects EPA's involvement as well as CZM. Paluzzi asks how long the caps are good for. Mahoney states about 20 years. Lang asks if there are any questions from the public. Scott Houseman, 25 Appleton Avenue, asks where will the equipment be used. Mahoney states that equipment will be operated from within the river as well as from shore. John Thomson, 9 Thoreau Circle, asks why the area will not be dredged all the way to the pink line depicted on the map. Mahoney states that it is cost prohibitive, and that the Conservation Commission Meeting Minutes May 4, 2004 Page 8 of 12 regulations do not require it as it is of lower level contamination and the area can be safely managed. He goes onto explain that they will be taking additional samples in and around the area where an abutter, Mr. Coffey, operates his lobster business. Lang asks if there are any further questions from the members or the public. There are none. Paluzzi motions to close the hearing. Seconded by Dr. Johnson. All members are in favor. Motion carries 6 -0. Old/New Business New: Enforcement Order, 19 Bayview Avenue, Geraldine Cathcart Ms. Cathcart is present. Maxner explains that it was brought to the Commission's attention that construction of a sunroom addition within the Buffer Zone of the Coastal Bank was being conducted without an Order of Conditions, Maxner issued a Cease and Desist Order. There is an existing Order of Conditions for the construction of steps on the Coastal Bank leading to the beach, but this Order did not govern any such addition. The existing Order for the steps has not received a Certificate of Compliance. The Commission voted to lift the Enforcement Order issued for the unauthorized construction of a sunroom addition in the 100- foot Buffer Zone to Coastal Bank subject on the following conditions: • The existing Order of Conditions, DEP File #5 -683, issued in February of 2000 governing work for the construction of a stairway along the Coastal Bank must be closed out with a Certificate of Compliance. • A new Notice of Intent must be filed for the construction of the sunroom addition. New: 722 Cabot Street, Ken Cotreau Ken Cotreau is present. Maxner explains that during a Conservation Commission site visit on April 24 a Commission member noticed paving activity on a driveway near an intermittent stream and wetland. She contacted Mr. Cotreau and asked him to come to the meeting. Mr. Cotreau stated that he was unaware of needing to file with the Commission and goes onto explain that a gravel drive had existed in that area. Members discuss this matter and decide that Mr. Cotreau should file a Request for Determination of Applicability for this project. Order of Conditions 46 Neptune Street Conservation Commission Meeting Minutes May 4, 2004 Page 9 of 12 Paluzzi moves to issue the following conditions: • Standard Conditions; The following Special Condition: The proposed restorative planting plan for the Coastal Bank shall include a greater diversity of plant species adapted to ocean -side conditions. The species list shall be submitted to the Conservation Agent prior to implementation. The motion is seconded by Duff. All members are in favor. Motion carries 6 -0. 675 Hale Street Johnson moves to issue the following conditions: • Standard Conditions; The following Special Conditions: The applicant shall notify the Beverly Conservation Commission, the Department of Environmental Protection, and down - stream abutters in writing at least 72 hours before any activities (including pond drawn down and chemical applications) are to begin on the project site. Notification to abutters shall include the names of every resident /owner at each downstream property. At this time, the applicant shall provide the BCC, the DEP and the downstream abutters with the names(s), address(es) and telephone numbers(s) of the person(s) responsible for ensuring on -site compliance with this Order of Conditions and his or her alternative. 2. The pond shall be drawn down 3 -6 inches prior to any chemical treatments. 3. The applicant shall not cause any downstream flooding from pond drawn down. 4. The applicant shall place sandbags around the dam prior to any chemical treatments to temporarily prevent any leakage from the dam in the event of a rain event during the chemical treatment period. 5. The applicant shall provide the BCC and the DEP with annual monitoring reports for each of the three years detailing the chemical treatments and their effectiveness. 6. The use of fertilizers on the applicant's lawn abutting the pond is hereby prohibited. The motion is seconded by Duff. All members are in favor. Motion carries 5 -0 -1, Johnson abstains. Essex Street, YMCA of the North Shore Conservation Commission Meeting Minutes May 4, 2004 Page 10 of 12 Paluzzi moves to issue the following conditions: • Standard Conditions; The following Special Conditions: Should restoration and enhancement activities within the intermittent stream need to be extended more than 60 feet from the culvert located at Essex Street, the applicant shall inquire in writing with the Commission as to whether a modification or amendment to the Order of Conditions is needed. The motion is seconded by Hayes. All members in favor. Motion carries 6 -0. 359 Hale Street Paluzzi moves to issue the following conditions: • Standard Conditions; The following Special Conditions: 1. The applicant has withdrawn the Notice of Intent submitted on April 1, 2004 proposing the removal, reconstruction and extension of an existing deck within the Buffer Zone to Coastal Bank, assigned DEP File #5 -849. This Order of Conditions, DEP File #5 -846 governs work proposed in a Notice of Intent subsequently submitted by the applicant on April 22, 2004 and incorporates the deck work proposed by the first NOI DEP File #5 -840, thereby rendering the first NOI null and void. 2. The construction and planting sequence and monitoring plan shall be adhered to as outlined in the project narrative "Coastal Bank Restoration Plan" section in the Notice of Intent. Should changes to the sequence of construction and monitoring plan be made, the applicant shall contact the Conservation Commission and /or its Administrator for review and approval. The motion is seconded by Hayes. Johnson opposed. Motion carries 5 -1. 9 Thoreau Circle Johnson moves to issue Standard Conditions. Seconded by Squibb. All members in favor. Motion carries 6 -0. 44 River Street Paluzzi moves to issue the following conditions: • Standard Conditions; Conservation Commission Meeting Minutes May 4, 2004 Page 11 of 12 The following Special Condition: The monitoring plan, which will result from the 401 Water Quality permitting process, shall be submitted to the Conservation Commission as soon as is available for review prior to commencement of activity. The motion is seconded by Squibb. All members in favor. Motion carries 6 -0. Approval of Minutes Palluzzi moves to accept the January 6, 2004 meeting minutes as written, seconded by Hayes. All members are in favor. Motions carries 6 -0. 5 Pillow Lace Lane Maxner explains that she conducted a site inspection at 5 Pillow Lace Lane at the request of the homeowner. The homeowner claims that she is losing lawn to the brook and it is becoming wetland. She wants to know if the brook can be dredged. Maxner states that she spoke with DPW Director Mike Collins who stated that unless the entire collection of abutters to the brook were experiencing tremendous flooding problems City would not consider it a priority with respect to time or money. The Commission members discuss this matter and determine that it would require the entire stretch of the brook being dredged, which the City is in no financial position to do, and even if the resident of 5 Pillowlace Lane proposed to dredge her section, it would make no measurable difference in the situation. 25 -Foot No- Disturbance Zone Policy Members suggest further revisions to the 25 -Foot No- Disturbance Policy before voting to approve it. Maxner states that she will make the necessary revisions and place it on the next agenda. 29 Linden Avenue Maxner states she spoke with Guy Rossi, resident of 29 Linden Avenue, and he asked if he needed to file an application with the Commission to put in a sunroom to be supported by pilings within the existing footprint of the deck and adding one or two new footings. Members determined that a Request for Determination of Applicability would be sufficient. 167 West Street — Wendy Drinkwater Maxner spoke with Ms. Drinkwater who would like for the Commission to reconsider and allow her to spot grade 6" to 12" and replant existing and new bushes within the Conservation Commission Meeting Minutes May 4, 2004 Page 12 of 12 wetland in order to prop failing plants up out of the water table (she wishes to plan up to 9 plants in this manner). Members determined that this request is allowable as long as the spot grades are no higher than 12" and the area around the newly planted vegetation is no larger than 3 feet in diameter. Adiournment Paluzzi moves to adjourn, seconded by Squibb. All members in favor. Motion carries 6- 0. The meeting is adjourned at 11:30 p.m.