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2015-04-28CITY OF BEVERLY PUBLIC MEETING MINUTES BOARD: SUBCOMMITTEE: DATE: BOARD MEMBERS PRESENT BOARD MEMBERS ABSENT STAFF MEMBERS PRESENT OTHERS PRESENT: RECORDER: Conservation Commission April 28, 2015 Chair Christine Bertoni, Vice Chair Robert Buchsbaum, Jay Donnelly, Richard Grandoni, Tony Paluzzi, Bill Squibb None Amy Maxner, Environmental Planner Jane Dooley Bertoni calls the meeting to order at 7:00 p.m. at Beverly Senior Center, 90 Colon Street, Beverly, MA. CERTIFICATES OF COMPLIANCE New: 41 Prince Street, DEP File #5 -1078 - demolish existing, construct new house and pool — Jonathan Uroskie Kurt Young representing the applicant describes the project and notes two deviations from the approved plan that included pool deck constructed of concrete with perimeter and subsurface infiltration provided. Maxner and Young did a final site inspection and observed plantings on northerly area that were installed. There was mention of beech tree that may not survive and plan is if tree dies it would be replaced with three trees. Paluzzi moves to approve the Certificate of Compliance. Seconded by Donnelly. The motion carries 6 -0. REOUEST FOR DETERMINATION OF APPLICABILITY New: 16 Standley Street — construct landscaping berm at Standley Street compost facility City of Beverly Engineering Department, c/o Gregory St. Louis Maxner reads the legal notice. City Engineer Gregory St. Louis speaks to constructing a 90' landscaping berm to act as a 13' high screen to address abutter's complaints about noise and visual impacts from the compost facility operation. DEP does not have any comments on the project. The location chosen is based on existing solid waste permit and wetland. St. Louis describes invasive species including Japanese knotweed and Phragmites at the site that would be removed incidentally. Work is proposed 5' within 25' No Disturb Zone. Discussion ensues about Conservation Commission April 28, 2015 Meeting Minutes Page 2 of 5 natural materials proposed for screen and seed mix for erosion control. Funding for project has not been identified yet. The compost screener at site is only used from 8 a.m. to 3 p.m. and area where it is located is safe zone. Discussion addresses side slopes of the berm, and the possibility of material sloughing off, and how concrete blocks could be used as preventative measure on wetland side of berm. Construction of a wall to serve as a sound barrier (similar to what is seen on the perimeter of highways) was discussed, with St. Louis explaining this is not functional in this application due to space at site for screener, discharge pile and fire lane. Paluzzi moves to issue a Negative #3 Determination with Standard Conditions and requirement of submission of an updated plan. Seconded by Donnelly. The motion carries 5 -1 with Bertoni opposed. Recess for Public Hearings Paluzzi moves to recess for public hearings. Seconded by Buchsbaum. The motion carries 6 -0. NOTICES OF INTENT Cont: 5 Quincy Park — Jack Altshuler Maxner notes the Commssion received a request for continuance. Paluzzi moves to continue to the May 19, 2015 meeting. Seconded by Buchsbaum. The motion carries 6 -0. Cont: 16 Bayview Avenue, DEP File #5 -1141— construct fixed concrete pier, with associated gangway and floating dock — Tom Doherty Maxner notes the Commssion received a request for continuance. Paluzzi moves to continue until the May 19, 2015 meeting. Seconded by Buchsbaum. The motion carries 6 -0. New: 181 (201) Elliott Street — construct 6 -story residential building, stormwater facilities — Beverly Commerce Park, LLP Maxner reads legal notice. Stephen Drohosky, Mike Aveni and Dennis Clark are present representing the applicant. Drohosky explains the proposal to construct a 6- story, 73 -unit condominium residential building on an existing developed site, including modifications to the exiting foundation and improvements to the existing stormwater management system. Work to take place within Bordering Land Subject to Flooding. The mixed use development will be located in IR overlay zone. Drohosky notes that in 2004 the City approved a 140 room hotel with 300 seat function center that was fully vetted by City boards. On November 24, 2004 an RDA was filed at that time for the project and Negative #3 Determination was approved by the Commission on December 9, 2014. He explains the project has been resurrected in a different form and because it is going to be located in a flood zone a NOI was filed. Conservation Commission April 28, 2015 Meeting Minutes Page 3 of 5 Aveni notes the project will slightly reduce the impervious area, and changes will occur to the stormwater handling at the site with parking lot runoff directed to catch basins tied to stormceptor so water will be cleaned before being discharged into the Bass River. The applicant's position in regard to Bordering Land Subject to Flooding is that compensatory flood storage is not needed for this project according to state regulation relative to drainage calculations at 71- acre Cummings Center site, and storm events have not caused Shoe Pond and lower pond to flood. The applicant expresses interest in having the City Engineer do his review of stormwater calculations before the Commission's May 19' meeting so any concerns could be addressed by that meeting. Discussion ensues about how the building is within Bordering Land Subject to Flooding, not riverfront or Land Subject to Coastal Storm flowage, and the Cummings Center has not experienced any storm surge flooding from the Bass River, surface water flowage comes to the site from the north east. The discharge from site is in coastal storm flowage. Bertoni asks if there are any questions from the audience. Myron Hood expresses his concerns as to stormwater flowing from higher elevations in Beverly to the Cummings Center site and suggested that some of the Shoe Pond water should be released via the dam to allow water upstream to be reduced. Discussion ensues about how DEP could be contacted to work with the City to address all stakeholders upstream and downstream relative to Shoe Pond water elevation. Maxner will identify a contact at the state level who could speak to Mr. Hood. Discussion addressed how the culvert at the Cummings Center site is likely to be 100 years old, that there are dams at upper and lower ponds, and sand bar forming in lower pond is due to sediment flowing in from City streets from the northeast. There being no further questions from the Commission, Paluzzi moves to continue to May 19, 2015 meeting pending City Engineer review of the stormwater drainage design. Seconded by Squibb. The motion carries 6 -0. OLD/NEW BUSINESS New: 131 Brimbal Avenue — Sunoco, Inc. Maxner reminds the Commission that at the March 31st meeting the Commission voted to close the hearing and after extensive discussion and a couple of votes the Commission voted to deny the project understate Wetlands Act and local Ordinance. Steve Harrison of Bergmann Associates and Mike Rendall of Sunoco are present and both note that the applicant is amenable to reopening the hearing. Maxner provides an outline by which the Commission should vote to reopen the hearing and specify information requested. Paluzzi moves to reconsider the Commission's vote to close the hearing, re -open the hearing and request additional information to be considered at subsequent meeting. Seconded by Buchsbaum. The motion carries 6 -0. Conservation Commission April 28, 2015 Meeting Minutes Page 4 of 5 Discussion ensues as to the location of the vernal pool no disturb zone and site amenities. Mike Randall notes that the company needs to keep the proposed size of the building for economic reasons, but that it could be moved slightly to the left further from the wetland. Discussion focuses on more in -depth alternatives analysis and possibility of having company's wetland scientist weigh in on what mitigation to enhance habitat to create a more robust mitigation proposal. Harrison and Randall thank the Commission for the feedback and will work with the applicant to address the Commission's concerns and requests for information. Buchsbaum moves to continue the hearing to the May 19, 2015 meeting. Seconded by Paluzzi. The motion carries 6 -0. New: 10 Tall Tree Drive — tree removal reauest and sna installation inauiry — Kate Martens Discussion ensues with Kate Martens, owner of 10 Tall Tree Drive, who is interested in having a limbs and trees removed that overhang and /or endanger her house. Maxner notes that the site has DEP perpetual condition prohibiting removal of vegetation with the No Disturb Zone and any further construction or building on the property. Bertoni notes that the Commission can consider vegetation management to avoid hazards to safety and property. Maxner offers to provide Ms. Martens with information about arborists familiar with the Commission's Tree Removal Request Protocol so arborist can provide a holistic approach at property. Planning Board Request for Comments — OSRD Site Plan Initial Review & Preliminary Subdivision Plan for Standley Street Project engineer Mike Rosatti with Marchondia Associates explains the proposed OSRD subdivision for six -acre parcel on Standley Street, for which an ANRAD has been done with the Commission. Discussion ensues about concept #2 and concept #3 and a hybrid concept that would move roadway away from ledge and inclusion of open space (50% suitable land) near open space easement and wooded area. Rosatti goes over the open space calculations: Concept #2 — 3.6 acres, Concept #3 - 3.7 acres to 4 acres in hybrid concept. Site distance in area where ledge is located will be for 20 miles per hour on Standley Street. Discussion addresses hybrid concept ( #4) being close to wetland line and another hybrid version of Concept #2 ( #4a) at 50' buffer line with 15,000 square foot lots. A slope would be cut back and grading done to comply with 25' rear setback from structures. Also noted was parking for gardeners accessing the proposed nearby community gardens location. The Commission opines about hybrid concept (4a) that would provide a 50' buffer line as a reasonable solution with mitigated road and right of way in cul de sac as well as water line to community garden site. Planning Board Request for Comments — OSRD Site Plan Initial Review & Prelimina Subdivision Plan for 50 & 54 Boyles Street — Symes Development & Permitting, LLC Donnelly recuses himself. Discussion ensues about concept plans for six lots on the yield plan, with one plan containing infiltration near wetland, and potentially no impact on resource area since property is mostly outside of the Commission's jurisdiction. Also, that the extent of Conservation Commission April 28, 2015 Meeting Minutes Page 5 of 5 wetland on lot #4 should be investigated. The Commission opines that option 1 appears preferable to option 2 and there is interest in impact on watershed related to combined lots and infiltration near wetland. Maxner will write comment letters from the Commission on both OSRD site plans. New: Election of Officers — The Commission needs to conduct its annual election for Chair and Vice Chair Paluzzi moves to keep the Commission's officers the same with Bertoni as Chair and Buchsbaum as Vice Chair. Seconded by Donnelly. The motion carries 6 -0. New: Review of Minor Project Permits Issued by Agent since last meeting No minor project permits have been issued since the last meeting. New: Expenditure Approvals Squibb moves to purchase subscriptions for the on -line version of the MACC Environmental Manual for each member at $15 per subscription for a year. Seconded by Paluzzi. The motion carries 6 -0. Approval of Minutes - September 30, 2014 The September 30, 2014 minutes are reviewed and members offer amendments. Buchsbaum moves to approve the minutes as amended. Seconded by Paulzzi. The motion carries 4 -0 -2 with Buchsbaum, Paulzzi, Bertoni and Squibb in favor and Donnelly and Grandoni abstaining. Other Business No other business is before the Commission this evening. Adjournment Paluzzi moves to adjourn at 10:10 p.m. Seconded by Donnelly. The motion carries 6 -0. The next regular meeting of the Conservation Commission is Tuesday, May 19, 2015 at Beverly City Hall, 3 d Floor Council Chambers, 191 Cabot Street.