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2014-05-20CITY OF BEVERLY PUBLIC MEETING MINUTES BOARD: SUBCOMMITTEE: DATE: BOARD MEMBERS PRESENT BOARD MEMBERS ABSENT STAFF MEMBERS PRESENT RECORDER: Conservation Commission May 20, 2014 Robert Buchsbaum Vice Chair, Stephanie Herbster, Paul Knight, Tony Paluzzi, Robert Russo, Bill Squibb Christine Bertoni, Chair Amy Maxner, Environmental Planner Jane Dooley Buchsbaum calls the meeting to order at 7:00 p.m. at Beverly City Hall, Council Chambers, 191 Cabot Street, Beverly, MA. CERTIFICATE OF COMPLIANCE Cont: 412 Hale Street, DEP File #5 -1081 — landscape & pedestrian access improvements at academic building — Landmark School The Order, issued in June of 2012, governed pedestrian, landscaping and building facade improvements. Project landscape architect Katherine Martin describes the project. Maxner notes that the edge of the planting bed at the access drive would benefit from a stone infiltration trench to help stop erosion and this was discussed with School personnel who agreed. Paluzzi moves to issue the Certificate of Compliance contingent upon installation of the stone trench and inspection by Conservation Agent. Seconded by Knight. The motion carries 6 -0. Cont: 412 Hale Street, DEP File #5 -909 — athletic complex, new field, gymnasium & parking — Landmark School The Order, issued in March of 2007, governed construction of a new athletic complex for the Landmark School south campus, including a new playing field, gymnasium, parking area, sidewalks, stormwater drainage system, and landscaping. Maxner notes that the School has responded to her memo, and during a recent site inspection remaining elements of the project yet to be completed were discussed. She recommended that the School finish these items under the still valid Order. Martin notes that the School has agreed to suspend this request for Certificate of Compliance in favor of finishing Phase 2 work items. Paluzzi moved to table this item until the School finishes Phase 2 project elements. Seconded by Herbster. The motion carries 6 -0. Conservation Commission May 20, 2014 Meeting Minutes Page 2 of 10 Cont: West Street, (167, 171, 175, 179, and 183 West Street) DEP File #5 -988 — remove utility poles and associated overhead utility lines, bury electrical conduit, and install new handholes and transformers — Preston E. Bradford Maxner explains the Order issued in August of 2008, governed the installation of new transformers and handholes, burying new underground electrical conduit, and removing overhead lines and poles in West Street and adjacent residential properties. Maxner notes that she and Buchsbaum conducted a site inspection, and work appears to be completed per the approved plan. The observed that the area is re- vegetated, and salt marsh area seems to be no worse in condition than pre - existing historical conditions, and area is in substantial compliance with the Order. Knight moves to issue the Certificate of Compliance. Seconded by Paulzzi. The motion carries 6 -0. New: 22 Whitehall Circle, DEP File #5 -1017 — construct new single family house & associated appurtenances — Gerald & Gail Sullivan & New: 22 Whitehall Circle, DEP File #5 -1083 — construct addition, pool & patio — Gerald & Gail Sullivan Bob Griffin representing the applicant, explains the original OOC DEP File #5 -1017 governed the construction of a single family house. The lot was later enlarged by an ANR and the new owners added an addition and pool to the plan which were governed by OOC #5 -1083. All of the work under both Orders has been completed with change made during construction where pool was rotated resulting in a larger pool deck that was offset by increased infiltration so there is no increased runoff at site per permitted conditions. Griffin notes that applicant will install sweet pepper bush to meet the requirement for three shrubs relative to one tree removed. Maxner notes she performed a final site inspection and found the site to be stable and concurs that the perimeter infiltration trench seems more than adequate. Paluzzi moves to issue the Certificate of Compliance, with its release contingent upon the shrubs being planted and observed by the Agent. Seconded by Herbster. The motion carries 6 -0. New: 783 Hale Street, DEP File #5 -918 — house renovation, garage addition, deck, removal of yard waste, landscaping and invasive species management — John Margolis Wetlands Consultant Bill Manuell representing the applicant explains that John Margolis who is selling the property wants a partial Certificate of Compliance to close out what has been done to date but reserve the right for the new owner to construct garage with a breezeway attachment. The Order, issued in May of 2006 and subsequently modified three times by the original applicant, governed house renovation, garage addition, deck, removal of historic yard waste debris, landscaping, and invasive species management and replanting within Bordering Vegetated Wetland, 100 -Foot Buffer Zone and 200 -Foot Riverfront Area. Conservation Commission May 20, 2014 Meeting Minutes Page 3 of 10 Maxner states that she and Manuell did a final site inspection and purple loosestrife eradication effort was very successful through use of herbicide, the site is stable and there are no areas deviant from original and modified plan. She notes that the Certificate of Compliance could allow for long term maintenance of loosestrife should it reappear. The slope that was re- vegetated is not supposed to be mowed as lawn. The partial Certificate would point out that the garage and new driveway apron is still open under the Order. She states that there is a stand of hemlocks between the house and proposed garage that has to stay according to the approved plan. If the new owners want to take those trees down they would have to come before the Commission. Also, that manual removal of loosestrife should be allowed but any chemical treatment has to come before the Commission. Knight moves to issue a partial Certificate of Compliance. Seconded by Paluzzi. The motion carries 6 -0. New: 443 Essex Street, DEP File #5 -942 - renovate existing building, reconfigure fuel service island, parking layout, remove underground fuel storage tanks, install new underground fuel storage tank and site drainage improvements — S.A.S.G. Realty, LLC Anthony Guba, representing the applicant, speaks to the Order, issued in January 2007, that governed renovation of existing building, reconfiguring fuel service island, parking layout, removal of underground fuel storage tanks, installation of new underground fuel storage tank and site drainage improvements. Minor differences include the pump islands are spread out more on the driveway, the landscaping areas are moved and smaller, and minor encroachments on side property lines. The stone swale, stormceptor and outlet have been installed and maintained. Guba noted that these components were maintained and will continue to be as part of an annual maintenance requirement done along with documentation. Guba refers to Special Condition in OOC where catch basin in street in front of new gasoline islands was to be investigated for potential insulation or mitigation in case of a spill. He reports that the catch basin is fairly deep and drainage from property does not go to this catch basin. This catch basin as well as another down the street outlets to the wetland. Maxner states that at the site in as -built conditions it became clear that runoff from the site is not going into the catch basin. She adds that the trash at the site would be picked up. Also, the outlet structure looks stable and there is no erosion or scouring. Knight moves to grant a Certificate of Compliance. Seconded by Paluzzi. The motion carries 6- 0. New: 443 Essex Street — Minor Proiect Permit Application — install new island canopy and signne - S.A.S.G. Realty, LLC Guba continues to explain the applicant is seeking a Minor Project Permit for the installation of a fuel island canopy and a new 4' sign. The sign posts will be less than 50 feet from the BVW, but within a currently landscaped area, the canopy will need support columns to be installed in the existing concrete paved surface but will not impact impermeable surface at site relative to the small amount of excavation with no trenching required, and removed soil will be stockpiled and covered to avoid runoff before being replaced around footings. Discussion ensued about how landscaping that has not survived for a few winters will be replaced. Paluzzi moves to grant Minor Project Permit. Seconded by Herbster. The motion carries 6 -0. Conservation Commission May 20, 2014 Meeting Minutes Page 4 of 10 REQUESTS for DETERMINATION of APPLICABILITY New: 24 Wedgemere Road — install utility shed — William Barressi Maxner reads the legal notice. It is noted that the applicant is not in attendance. The Commission tables this RDA until its next meeting in favor of receiving a presentation from the applicant. New: 1 Hathaway Avenue — construct addition & stairs — Michael Grassia Maxner reads the legal notice. Michael Grassia explains that they are proposing to construct a 20'x34' addition to the southwest side of the house and the foundation will not encroach on the buffer zone any more than what currently exists with the house. A small section of roof will be added with three downspouts and guttered out toward the street. Maxner explains the proposed project has received a special permit from the Zoning Board of Appeals. Erosion control will be used and no vegetation will be removed as part of the project, and excavated materials will be taken offsite. Maxner explains that she and Buchsbaum conducted a site inspection to estimate the limits of the resource areas on site and observed areas of leave and yard waste dumping within the BVW, which should be addressed. Discussion ensues with Grassia as to the need to clean this dumped material out of the wetland and a time frame for getting that done. Grassia states his intent to start in June and completed by spring 2015. The Commission discusses Special Conditions. Paluzzi moves to issue Negative # 2 and # 3 Determination with the following conditions: 1. As a condition of approval and as agreed to by the applicants at the May 20, 2014 Conservation Commission meeting, the applicant shall begin removing the dumped yard waste and leaves from within the bordering vegetated wetland in order that ' /z of the yard waste is removed from the area no later than November 1, 2014. The remaining '/z of the yard waste shall be completely removed from the area no later than May 1, 2015. The Conservation Administrator shall be contacted at completion of each stage of removal for inspection purposes. 2. As a condition of approval and as agreed to by the applicants at the May 20, 2014 Conservation Commission meeting, dumping of yard waste, leaves and any other material and debris into the wetland shall cease in perpetuity from this point forward. Yard waste and leaves should either be taken to the Standley Street Compost Facility or to an appropriate alternative location/facility. 3. As a condition of approval and as agreed to by the applicants at the May 20, 2014 Conservation Commission meeting, mowing or weed - whacking of any kind shall not be conducted within the wetland or between the two large pine trees located at the at the southwest edge of the wetland. This condition shall continue in perpetuity from this point forward. 4. Prior to any work commencing, the erosion controls shall be installed for inspection by the Conservation Administrator. Conservation Commission May 20, 2014 Meeting Minutes Page 5 of 10 Seconded by Herbster. The motion carries 6 -0. Recess for Public Hearings Paluzzi moves to recess for public hearings. Seconded by Squibb. The motion carries 6 -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 has received request to continue this until the June 10, 2014 meeting. Paluzzi moves to continue. Seconded by Knight. The motion carries 6 -0. Cont: Brimbal Avenue, Phase 1 Route 128 Interchange Improvement, DEP File #5 -1110 — relocate connector road, reconstruct Brimbal Avenue, perform drainage improvements — City of Beverly Maxner states that the City's engineer reports that the City is planning to withdraw this NOI, but she has not received official communication to that effect in time for this meeting. Paluzzi moves to continue until the Commission receives the official withdrawal letter. Seconded by Knight. The motion carries 5 -0 -1 with Herbster abstaining. Cont: 5 Quincy Park, DEP File #5 -1117 — repair seawall — Jack Altshuler Bob Griffin requests a continuance. Paluzzi moves to continue this until the June 10, 2014 meeting. Seconded by Knight. The motion carries 6 -0. New: 50 Dunham Road — construct 5 -story commercial building, associated parking, utilities and stormwater structures — Anderson Clark, LLP Maxner reads the legal notice. Dennis Clark, Mark Slater and Mike Aveni representing the applicant. Clark explains this NOI is submitted involves the construction of a 5 -story mixed use commercial building and associated parking and stormwater features. He notes the proposed work would require waivers since it will be located within 100' buffer zone and 100' No Disturb Zone to the certified vernal pool. Project Engineer Mark Slater from Allen Engineering explains proposed curbing, catch basins and stormceptor that meet DEP requirements to catch runoff from impervious areas, collected water will be infiltrated to a subsurface infiltration system that can handle up to 100 -year storm. He describes proposal for structured parking including some below proposed building and notes compliance with DEP stormwater management policy and conditions such as TSS removal and recharge volume with all impervious area recharged. Erosion control has been installed at the Conservation Commission May 20, 2014 Meeting Minutes Page 6 of 10 site and will be maintained until all of the construction is completed. The site will be swept as necessary for sediment control. Discussion was on proposed perpetual pedestrian easement along a section of the bank of Norwood Pond. Clark submits to the Commission a proposed draft deed rider formalizing with easement. He adds that applicant is interested in improving the footbridge structure with the City's approval. Discussion ensues about possibility of installing shrubs along easement. As well as sheet flow runoff recharging into the groundwater. Discussion addresses proposed parking location and impact within resource area with underground parking proposed all relative to compliance with zoning and stormwater management and recharge requirements. Clark speaks to design of proposed new building as it applies to leasing desirability for potential tenants. Buchsbaum addresses need for the Commission to do a site visit and work with peer reviewer on stormwater management proposal. Discussion ensues that the parking garage is handling the parking requirements for the new building according to zoning as well as to replace some spaces that will be removed from the original building. Discussion addresses stormwater management: roof and parking is 62,418 square feet, and building roof is 29,842 square feet with clean roof runoff going straight into the infiltration chamber not the stormceptors, and 8 catch basins will be installed leading to stormceptor unit. The stormceptors are 10' from the infiltration chamber inlet. Also, the new discharge point is an emergency overflow for beyond a 100 -year storm. Discussion is on stormwater pollution prevention plan that has long term O &M with deep sump catch basins being cleaned quarterly and inspected each time the paved roadway is swept twice a year or as needed, and when sediment is within 24" of lip of oil hood the catch basins will be cleaned. The subsurface infiltration system is to be inspected quarterly for the first two years after completion to monitor structure to ensure it is discharging properly, and there is a full access manhole port for inspection, monitoring and cleaning. The stormceptor units are to be inspected every time catch basins are inspected and cleaned with a vacuum truck when there is 9' of sediment on the bottom. Discussion addresses proposal to cut ledge and construction for new building as well as work plan for existing building's foundation. Discussion ensues about peer review process with the City of Beverly with Maxner seeking three quotes from a qualified professional where the lower bid is usually selected and submitted to applicant for payment and review started as soon as possible. Discussion ensues about how details on road construction and stormwater management would be addressed during site walk, which will be staked out in the field. Charlie Mann of Chair of the Open Space Recreation Committee, speaks to the Committee's effort to establish trail system in the City connecting green spaces. He comments on proposed trail easement and existing trail that goes through the City land and connection to the island on Norwood Pond. Mann suggests there should be a request for permission to keep boardwalk active and easement connection around the wetland should connect to peninsula to the Music Theater land and to ECGA land. Buchsbaum notes that this will be investigated and Mann will be informed. Conservation Commission May 20, 2014 Meeting Minutes Page 7 of 10 Paluzzi moves that the Commission engage a peer review for the stormwater system. Seconded by Herbster. The motion carries 6 -0. Paluzzi moves to continue the hearing to the June 10, 2014 meeting with a site visit on May 31 at 8:00 a.m. Seconded by Knight. The motion carries 6 -0. The proposed parking, building corners and stormceptor location will be marked out at the site prior to the visit. New: 27 Linden Avenue — construct 2 -car garage, driveway improvements and drainage structures — Kenneth & Ambia Smith Maxner reads the legal notice. Bob Griffin representing the applicant explains that the NOI proposal is for a building addition on a single family residence on 12,000 square foot parcel to construct a 2 -car garage, driveway improvements and drainage structures within 200 -foot riverfront area to the Bass River. No work is proposed within the 25 -foot NDZ. The wetland resource areas are the Rivefront and 100' buffer zone to top of coastal bank. The parcel is completely developed with lawn, landscaping, porch and patios. Existing driveway will be replaced with concrete pavers. Roof runoff will be collected in an infiltration well located behind the building addition and should capture most storms completely. Griffin explains the coastal bank is well defined by topography, has scrubby vegetation as well as sand and gravel and does not appear to be eroding, explain that the building will be 50' away from the bank. Griffin describes the existing elevations and notes that one foot of earth would be removed in the back of garage area, and states that no significant topographic changes are being proposed that would affect runoff Paluzzi moves to continue the hearing to the June 10, 2014 meeting with a site visit scheduled for May 31 at 7:30 a.m. Seconded by Herbster. The motion carries 6 -0. Herbster leaves the meeting for the evening. OLD/NEW BUSINESS New: 122 Standley Street — Enforcement Letter Follow -Up — Mark Cutler Maxner describes how she, and the Commission's Chair and Vice Chair observed evidence of tree removal unauthorized at 122 Standley Street. The Commission voted to issue an Enforcement letter requiring that the owner cease all work and submit a site plan that contains a restoration plan for the areas that were impacted. Portions of the property contain perennial stream, 200 -foot riverfront area, BVW, 100 -foot buffer zone and 25' NDZ. The plan submittal deadline was in time for this evening's meeting. Maxner mentions that she received an email from Jeff Andrews of Wetlands Preservation, Inc. (WPI) noting that Mr. Cutler had retained the firm relative to the Enforcement Letter. "I will conduct its first site inspection, scheduled for morning of May 30 Maxner states that Mr. Cutler had conversation the then Associate Planner Kirk Baker in August 2013 about tree removal and landscaping regulation and Mr. Cutler was advised that such action would have to Conservation Commission May 20, 2014 Meeting Minutes Page 8 of 10 be reviewed and approved by the Commission first, however he went ahead and did the tree removal without going through review and approval process. Mark Cutler, 122 Standley Street, states that he has ceased clearing the property after receiving the notice from the Commission, and retained Wetlands Preservation, Inc. as of April 22, 2014, scheduled May 30 site walk at 10 a.m., and notes that wetland delineation will be done as well as restoration of property. He agrees that he could attend the Commission's June 10 meeting for follow -up and to present the site plan. Paluzzi moves to continue this item to the June 10, 2014 meeting with the expectation that a site plan and restoration plan be submitted in time for June 10 Seconded by Knight. The motion carries 5 -0. New: Correspondence From Peter Tarr Re: Vicinity of Center for Nursing & Healthcare Professionals site at Endicott College Peter Tarr speaks to the April 29, 2014 Commission meeting when the ANRAD for the Endicott property was discussed especially relative to project blasting done at the site. He notes that in 1999 the Commission did not approve a plan due to lack of information. Since that time, there has been work done on the property with new nursing center built in 2000 with extensive blasting for parking lot and facility. In 2012 there was further blasting at the property at 300 Hale Street which resulted in damaging a neighbor's well that was reported to the Commission in a March letter. He asks the Commission to contract a blasting consultant to investigate this problem as he believes groundwater is a protected resource area under the Ordinance. Buchsbaum mentions that the state and local regulations clearly indicate that the Commission does not have authority over activity that is not in the wetland area or buffer zone. Mr. Tarr reiterates his belief that the ordinance gives the Commission different authority. Buchsbaum states that the Commission would have to revisit the Ordinance and states the Commission's authority to protect wetlands and groundwater within wetlands and notes that it is not clear that the Ordinance allows what Mr. Tarr is suggesting. Mr. Tarr reads a section of the local Ordinance referring to the Commission's authority relative to activities that might have a harmful effect on water supply, and groundwater. Maxner states that she is not an attorney and describes her understanding of where the Commission's jurisdiction is relative to where the Ordinance begins and ends and suggests the City Solicitor could advise on the matter. Maxner notes that she would get an opinion from the City Solicitor as soon as possible. She agrees to forward Mr. Tarr's letter to the City's Building Inspector for information purposes. Buchsbaum summarizes that the Commission's authority is limited by in large to the effects on wetlands. Discussion ensues about how the proposed building is outside of the Commission's jurisdiction. Knight moves to ask for the City Solicitor's opinion as to whether the Ordinance gives the Commission the ability to regulate activities outside the buffer zone, and asks for the Solicitor's attendance at the Commission's June 10, 2014 meeting. Seconded by Paluzzi. The motion carries 5 -0. New: Review of Minor Proiect Permits Issued by Agent since last meeting Conservation Commission May 20, 2014 Meeting Minutes Page 9 of 10 Maxner states she issued a Minor Project Permit for 30 Middlebury Lane involving an expansion of a deck that was 87' from existing wetland, work is to be within existing lawn. She also issued a Minor Project Permit for an addition at 36 Cole Street to be pile supported, roof runoff was addressed with a stone infiltration trench and Special Conditions included ceasing of dumping of yard waste in NDZ, soils for footings removed from site, construction materials stored beside the house and stone drainage trenches. Paluzzi moves to approve the Minor Project Permits for 36 Cole Street and 30 Middlebury Lane. Seconded by Squibb. The motion carries 5 -0. New: Expenditure Approvals Paluzzi moves to pay the following expednditures: • Jeff Roelofs $225.00, the Commission's special counsel for the 50 Dunham Road ANRAD litigation, for services rendered in early April. • Squibb moves to pay $100.00 to Ipswich River Watershed Association for membership fee. Seconded by Paluzzi. The motion carries 5 -0. Other... Extensions, Emergency Certifications, Enforcement Orders, Correspondence, etc... Received/Issued After Publication of Aunda ... If Any Enforcement Order for 9 Tall Tree Drive Maxner explains she issued an Enforcement Order for extensive clearing of the 100 -foot no disturb zone to a certified vernal pool at 9 Tall Tree Drive. She reviews the EO with the Commission, and states she spoke to the wetlands consultant contracted by the property owner who will provide a restoration plan at the June 10, 2014 meeting. Paluzzi moves to ratify the Enforcement Order. Seconded by Squibb. The motion carries 5 -0. Waring School Request to Place Portable Bleachers Maxner explains that Waring School has submitted a request to use portable bleachers on playing field where a 40' long gravel pad currently exists. Once the playing field is relocated, the School plans to ask for permission to install permanent bleachers. Paluzzi moves to allow the School to locate portable bleachers on the play field gravel pad and require that trash has to be picked up in the area after events are held. Seconded by Squibb. The motion carries 5 -0. Temporary Hire for Summer Office Assistance to the Conservation Commission Maxner explains that a recent college environmental studies graduate is interested in interning for the summer to assist her and the Commission with some office work and other possible small projects. Discussion ensues as to work tasks the intern can be assigned, with Maxner noting several possibilities. She explains that the position will need to be posted so there might be other candidates that apply. Paluzzi moves that the Commission authorize an initial expenditure up to $2,000 at $10 an hour for a Conservation Commission intern position. Seconded by Squibb. The motion carries 5 -0. Conservation Commission May 20, 2014 Meeting Minutes Page 10 of 10 Adjournment There being no further business to discuss, Paluzzi moves to adjourn at 9:55 p.m. Seconded by Squibb. The motion carries 5 -0. The Next Regular Meeting of the Conservation Commission is Tuesday, June 10, 2014 at Beverly City Hall, 3 rd Floor Council Chambers, 191 Cabot Street.