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2014-06-10CITY OF BEVERLY PUBLIC MEETING MINUTES BOARD: SUBCOMMITTEE: DATE: BOARD MEMBERS PRESENT BOARD MEMBERS ABSENT: STAFF MEMBERS PRESENT: OTHERS PRESENT: RECORDER: Conservation Commission June 10, 2014 Chair Christine Bertoni, Vice Chair Robert Buchsbaum, Stephanie Herbster, Paul Knight, Tony Paluzzi, and Bill Squibb Amy Maxner, Environmental Planner Jane Dooley Bertoni calls the meeting to order at 7:00 p.m. at Beverly City Hall, 3 rd Floor conference room, 191 Cabot Street, Beverly, MA. CERTIFICATE OF COMPLIANCE New: 405 Essex Street, DEP File #5 -472 — construct single- family house and associated appurtenances — Scott Robinson Maxner reports that the Order ( #5 -472) issued in September 1994 governed the construction of a single family house, driveway, landscaping and utilities. She explains a subsequent Order was issued under DEP File #5 -475 to the builder who got permission to build all of the lots in the subdivision including 405 Essex Street, and it was this later Order that was acted upon, carried out and a Certificate of Compliance was issued including for 405 Essex Street which has an as- built plan. The original Order had been recorded at the Registry of Deeds but never closed out with a Certificate. The owners would like this first Order closed out formally to extinguish it from their title. Paluzzi moves to issue a Certificate of Compliance for 405 Essex Street. Seconded by Buchsbaum. The motion carries 5 -0. Sqibb arrives. New: 46 Prince Street, DEP File #5 -1046 — construct single- family house and associated appurtenances — John Godfrey Bob Griffin representing the applicant describes the Order of Conditions was originally issued to Mr. Carnevale for the construction of house at 46 Prince Street. The house has been constructed and the Commission has issued some modifications to the OOC while it was being built. Maxner conducted a site inspection with Griffin this week and visited the site throughout construction Conservation Commission June 10, 2014 Meeting Minutes Page 2 of 9 phases and photographed the site in as -built conditions. She notes that the coastal bank area and replanting after tree removal, which was approved under the third modification, has shrubs that look healthy and are expected to get bigger and take over the area. She notes the minor deviations outlined in Griffin's letter and states that none are contrary to the protections of the Order. Paluzzi moves to issue the Certificate of Compliance for 46 Prince Street with perpetual conditions attached. Seconded by Buchsbaum. The motion carries 6 -0. REQUESTS for DETERMINATION of APPLICABILITY Cont: 24 Wedgemere Road — install utility shed — William Barresi William Barresi addresses the Commission and explains he is proposing to install a 14'x20' utility shed within the 100 -foot buffer zone to bordering vegetated wetland, just within or just outside the 200 -foot riverfront area to a perennial stream. He explains the ground surface will be prepared by excavating 12" of soil, compacting the area with base for six inches and six inches more of compacted stone. Maxner describes how the property line is the stream channel in the back and areas in 25' No Disturb Zone and BVW that is overtaken with bittersweet. The applicant notes he has chosen some native plants to reestablish native vegetation to the NDZ. The applicant will cut back the invasive species (bittersweet) to help naturalize the area which will be an ongoing process. Maxner explains this is the only work in the NDZ and shed is not in the NDZ. Mr. Barresi is expecting the shed to be delivered to the site on June 26 so he will begin excavating quickly. Maxner suggests that plantings be installed in the fall with a 75% survival after a couple of years of installation. Paluzzi moves to issue a Negative #2 and Negative #3 Determination with the following Special Conditions: Excavated soil from the shed installation that is not used for leveling shall be removed from the site or placed outside the 200 -foot riverfront area, 100 -foot buffer zone and the flood zone. 2. The proposed enhancement plantings shall be installed no later than October 30, 2014. 3. The Conservation Commission or its Administrator shall be notified once the enhancement plantings have been installed for inspection purposes. 4. The enhancement plantings shall exhibit at least 75% survivorship after two growing seasons post installation. 5. Manual management, cutting and removal of invasive bittersweet vines shall be allowed as an on -going invasive species management activity within the wetland, 200 -foot riverfront area and 100 -foot buffer zone. Seconded by Knight. The motion carries 6 -0. New: 405 Essex Street — install above - ground pool — Scott Robinson Conservation Commission June 10, 2014 Meeting Minutes Page 3 of 9 Maxner reads the legal notice. Scott Robinson addresses the Commission explaining he is proposing to replace an above ground pool, which was not formally permitted when first installed. The 21' diameter pool will be located within lawn area with a sand base with pool equipment to the side, approximately 35 feet from the edge of bordering vegetated wetland that is at the base of a large retaining wall at the rear of the property. No excavation will be done since the area is already level. The pool would be drained a small amount after seasonal use. Paluzzi moves to issue a Negative #3 Determination with the following Special Conditions: 1. Pool drawdown shall not occur within 2 weeks of chlorination. This condition shall run in perpetuity. 2. Drawdown shall be directed over land to maximize infiltration. Drawdown or backwash shall not be directly discharged to the wetland. This condition shall run in perpetuity Seconded by Buchsbaum. The motion carries 6 -0. New: 50 Arlington Avenue vicinity, Wenham Lake — excavate trenches to connect to aeration system — Salem Beverly Water Supply Board Maxner reads the legal notice. Anne Marton, Director LEC Environmental Consultants, Tom Knowlton and Peter Smynoyse from Salem Beverly Water Supply Board are present. Marton explains the SBWSB is proposing to install an aeration system within the lake to reduce manganese and iron concentrations. Work involves the excavation of trenches to install piping from the building to connect to existing conduit in the ground that feeds the aeration tubing as well as unfolding tubing into the lake. Excavation to take place within existing lawn approximately 40 feet from the reservoir, and tubing unfurling to take place within the lake itself. Marton notes the trench (4' deep, 6' wide and 10' long) is expected to be open for two days to one week. The lawn area will be backfilled and reseeded. Also, water testing will be done to ensure treatment is working properly. The work is being proposed to comply with stricter standards relative to federal water regulations. The aeration should add more dissolved oxygen to the water. The substrate in the lake will not be altered. Discussion ensues with the Commission expressing concern over the low dissolved oxygen levels and interest in seeing water quality report, and understanding how data collection/water testing is done to ensure system is working correctly and what maintenance is required. Knowlton explains the lifespan for the aluminum and plastic parts is expected to be 25 years. Also, that control is done in the watershed /reservoir area to ensure no construction is being done in certain protected zones. The Commission members expressed interest in seeing baseline data and sampling as it relates to dissolved oxygen. The applicant offers to email this information that is contained in the contract that has been awarded to a contractor and is reviewed by CDM Smith before the Commission's July 1st meeting. Conservation Commission June 10, 2014 Meeting Minutes Page 4 of 9 Paluzzi moves to continue this application to the July 1, 2014 meeting pending submission of supplemental information as discussed. Seconded by Buchsbaum. The motion carries 6 -0. Recess for Public Hearings Paluzzi moves to recess for public hearings. Seconded by Herbster. The motion carries 6 -0. ABBREVIATED NOTICE OF RESOURCE AREA DELINEATION New: 302 Hale Street — Endicott College c/o Dennis Monaco Maxner reads the legal notice. Joe Orzel representing the applicant explains the College is seeking Commission review and confirmation of the delineation of wetlands at this part of the campus that includes 5,280 linear feet of bordering vegetated wetland, and contains three certified vernal pools as indicated on the plan. Buchsbaum mentions his son's summer employment with Meridian Engineering. Orzel describes wetland areas that were previously flagged, delineated and approved by the Commission as well as BVW: wetland area C that is not around vernal pools and area O relative to recent filing that contains certified vernal pool #86, area A that contains certified vernal pool #1238. He notes that there is a vernal pool in wetland G. Paluzzi moves to continue the hearing to the July 1, 2014 meeting, pending a site inspection scheduled for Sunday, June 22, 2014 at 8:00 a.m. Seconded by Knight. The motion carries 6 -0. NOTICES OF INTENT Cont: 43 Water Street — Beverly Port Marina Maxner states the Commission has received a request for continuance. Paluzzi moves to continue the hearing to the July 1, 2014 meeting. Seconded by Squibb. The motion carries 6 -0. Cont: Brimbal Avenue, Phase 1 Route 128 Interchange Improvement — City of Beverly Maxner explains the Commission received a letter from the Mayor stating that the NOI application is being withdrawn absent the Commission's rendering a decision on its merits and without prejudice. A new NOI application will be submitted for the redesign of the connector road. Paluzzi moves to accept the letter of withdrawal. Seconded by Squibb. The motion carries 4 -0 -1 with Herbster abstaining. Conservation Commission June 10, 2014 Meeting Minutes Page 5 of 9 Cont: 5 Quincy Park — Jack Altshuler Bob Griffin representing the applicant requests a continuance to the July 1, 2014 meeting. Moves to continue. Seconded by. The motion carries 6 -0. Cont: 50 Dunham Road — Anderson Clarke, LLP — Cummings Properties Maxner reminds the Commission that at the Commission's recent site visit a need was discussed for bank and BVW delineation along the pond and flagged in the field. She notes the drainage review is being carried out, so the applicant agreed to a continuance to the July 1, 2014 meeting pending submission of report from peer review consultant. The Commission scheduled a site visit for 10:15 a.m. on Sunday, June 22, 2014 to review the new flagging in the field. Squibb moves to continue the hearing to the July 1, 2014 meeting pending a site visit on June 22, 2014. Seconded by Paluzzi. The motion carries 6 -0. Cont: 27 Linden Avenue — Kenneth & Ambia Smith Bob Griffin representing the applicant recalls the site visit with the Commission recently, and provides a brief recap of the project. He explains that the contractor has said the tree in front with shallow roots will be significantly damaged by the construction of the driveway and garage. So removal of the silver maple tree including the stump has been added to the plan with no new tree but shrubs proposed to be installed. The other two other large trees on the property will be saved. Squibb asks if any vegetation can be replanted in the area of tree removal. Griffin offers to consider shrubs as he wants to avoid future tree growth near the garage. Knight moves to approve the plan as revised. Seconded by Paluzzi. The motion carries a6 -0. Paluzzi moves to close the hearing. Seconded by Herbster. The motion carries 6 -0. OLD/NEW BUSINESS Cont: 122 Standley Street — Enforcement Letter Follow Up — Mark Cutler Mark Cutler addresses the Commission and explains he has engaged wetlands consultant Geoff Andrews of Wetlands Preservation, Inc., who developed a restoration plan listing existing vegetation that was removed relative to what is native and invasive and restoration of the 25' No Disturb Zone with plantings. River birch trees will be used in clusters to replace what was lost within 25' No Disturb Zone as well as some under plantings. Discussion ensued about if there would be a master plan for conservation grade, natural species plantings on property and reviewing that under a formal application at some point. Discussion ensues as to the general aspects of the proposal, methods of plant installation, deadlines and plant survival rates post installation. Squibb moves to approve plan subject to the following conditions: Conservation Commission June 10, 2014 Meeting Minutes Page 6 of 9 1. Every effort shall be made to use conservation grade plants; 2. As discussed during the June 10 meeting, grinding of stumps is allowable to retard stump sprouting and provide space for the new plants. Note: Use of the smallest machinery is allowable, however, hand held grinding equipment is preferred if at all possible; 3. Installation of plants shall be accomplished by hand without the use of heavy machinery; 4. The restoration plan shall be executed and completed no later than October 30, 2014; 5. Should any plant substitutions be proposed, said substitutions shall be native to New England and forwarded to the Commission for the file — the Commission reserves the right to review the substitutions and recommend alternatives if it deems necessary; 6. All new plants shall have a survivorship rate of at least 75% after two growing seasons post installation; 7. A monitoring report, to be prepared by a qualified wetland professional, shall be submitted the Commission after the requisite 2 growing seasons detailing plant species, the survivorship rate, general basal coverage, status of control of invasive plant species and any other observations of interest or importance; Seconded by Buchsbaum. The motion carries 6 -0. New: 9 Tall Tree Drive — Enforcement Order Follow Up Maxner reports that the homeowner Scott Grenert has engaged Rimmer Environmental to finalize his restoration plan and has asked for an extension to the deadline for submitting the plan to the July 1, 2014 meeting. Paluzzi moves to extend the submission deadline to the July 1, 2014 meeting. Seconded by Squibb. The motion carries 6 -0. New: Review of Minor Proiect Permits Issued by Agent since last meeting Maxner notes she has not issued any Minor Project Permits since the last meeting. New: Expenditure Approvals Paluzzi moves to reimburse Paul Knight $55.00 for his registration to a MACC Conservation Commission Fundamental Unit training. Seconded by Herbster. The motion carries 6 -0. Paluzzi moves to approve renewal of the Commission's annual membership to MACC — $456.00 for the 7 Commission members, plus $60 for staff totaling $516.00 for FYI 5. Seconded by Herbster. The motion carries 6 -0. Paluzzi moved to pay $2,150.00 to Jeff Roelofs for his continued legal services relative to the 50 Dunham Road Order of Resource Area Delineation appeal — this covers services rendered from the middle to end of May. Seconded by Squibb. The motion carries 6 -0. OTHER BUSINESS Conservation Commission June 10, 2014 Meeting Minutes Page 7 of 9 City Solicitor's opinion request on correspondence From Peter Tarr Re: Vicinity of Center for Nursing & Healthcare Professionals site at Endicott College Maxner reads into the record the Commission's letter to City Solicitor Stephanie Williams dated May 23, 2014 requesting her opinion as to the extent of the Commission's jurisdiction. Maxner notes that based on attorney client privilege it is the Commission's prerogative to share the written opinion document. She summarizes that the City Solicitor opined that the Commission does not have jurisdiction over groundwater. Maxner reads the letter from the City Solicitor dated June 9, 2014 to Chris Bertoni, Chair of the Beverly Conservation Commission regarding opinion requested. Maxner explains that Solicitor Williams stated that it is not the Solicitor's practice to appear in public meetings and discuss written opinions. Mr. Tarr asks what process could be pursued to disagree with the City Solicitor's opinion. Maxner states that it is not appropriate for her or the Commission to give legal advice. Mr. Tarr paraphrases a letter that Ms. Maxner had written in 2012 in connection with Endicott College's parking lot project that destroyed a woman's well and in the letter Maxner states that the Commission trusts Endicott would repair any damage caused by the project. Mr. Tarr said the damage occurred over two years ago and this woman's well is still not fixed. He relates that the woman has called the Mayor's office, spoken to the City Solicitor, and called the Water Department and nobody wants to get involved. The residents ask the Commission to ensure the work by the College is not in the resource areas noting that trees have been removed and blasting is occurring. Maxner notes that work on the site will be monitored to make sure it remains outside the buffer zone. Draft Tree Removal Request Protocol Discussion ensues regarding the draft tree removal request protocol written by Maxner. The Commission discusses edits with Maxner. There are currently no fees involved with tree removal. Paluzzi moves to approve the protocol as amended. Seconded by Knight. Maxner will circulate a final draft to the Commission. The motion carries 6 -0. Tree removal request at 58 Trask Maxner explains the homeowner is planning to get the wetland delineated on site, but in the meantime has requested removal of a handful of trees in the corner of the property. She provides photos of trees the homeowner would like to remove. She stresses that she cannot clearly identify the edge of wetland on this property and is not comfortable stating whether any of these trees are in the wetland itself or buffer zone. Discussion ensues as to the condition of the trees and wetlands on site. After continued discussion and consideration, the Commission members agree that the wetlands need to be delineated before it could render a decision on the tree removal request. Members ask Maxner to write the owner to impart the Commission's instructions. Conservation Commission June 10, 2014 Meeting Minutes Page 8 of 9 Tree removal request at 482 Elliott Street Maxner explains the homeowner is asking permission to remove the leaning tree and prune dead branches on another tree on the property which are adjacent to an intermittent stream. She provides photos of the subject trees and explains her site observations. Paluzzi moves to approve the request subject to the following conditions: 1. The leaning trunk shall be flush cut and no part of the remaining tree shall be cut or ground out; 2. All cut material shall be hauled away, and not stacked or chipped on site. Seconded by Knight. The motion carries 6 -0. Waring School patio replacement plan Maxner explains that the School is redoing the front walk for safety reasons in the same footprint but work will occur within 25' of the perennial stream in riverfront area. A planting bed will be installed alongside the building with a court yard, walkway goes to building entrance and to deck on the side. Discussion ensues about how excavation and grading will occur and if there is possibility of fill being used. Maxner asks what type of application the Commission would expect for this project. Paluzzi moves to require a NOI. Seconded by Buchsbaum. The motion carries 6 -0. Approval of Minutes — January 7, 2014 Members provided amendments to Maxner. Paluzzi moves to approve the minutes as amended. Seconded by Knight. The motion carries 5 -0 -1 with Knight recusing himself since he was not a member at the time. Revisions to Ordinance & Regulations — Review & Discussion Discussion ensued about Maxner not having enough time to make the revisions, and perhaps engaging outside legal assistance with revisions to Ordinance & Regulations. Orders of Conditions 27 Linden Avenue Discussion ensues as to possible conditions to assign to the project. Paluzzi moves to issue Standard Conditions and the following Special Conditions as discussed: Conservation Commission June 10, 2014 Meeting Minutes Page 9 of 9 1. As a condition of approval, all trees slated for preservation shall be preserved. As discussed during the site inspection, said trees may be limbed as necessary to accommodate the garage roof and to avoid future impacts or hazards to either the trees or the garage. 2. In order to mitigate for the removal of the tree located adjacent to the sidewalk, five to seven 1- gallon native shrubs or a single 1' /z -inch caliper native tree shall be planted within the same vicinity. 3. If the subsurface drainage infiltration structure needs to be moved from its proposed location, the Conservation Commission or its Agent shall be informed, and all efforts shall be made to move it laterally before moving it further toward the river. Seconded by Herbster. The motion carries 6 -0. Adjournment Paluzzi moves to adjourn at 9:55 p.m. Seconded by Knight. The motion carries 6 -0. The next regular meeting of the Conservation Commission is Tuesday, July 1, 2014 at Beverly City Hall, 3 rd Floor Council Chambers, 191 Cabot Street.