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05-03-16 BCC MinCITY OF BEVERLY PUBLIC MEETING MINUTES BOARD: SUBCOMMITTEE: DATE: BOARD MEMBERS PRESENT: BOARD MEMBERS ABSENT: STAFF MEMBERS PRESENT: OTHERS PRESENT: RECORDER: Conservation Commission May 3, 2016 Chair Christine Bertoni, Vice Chair Robert Buchsbaum, John Donnelly, Richard Grandoni, Tony Paluzzi, Bill Squibb Amy Maxner, Environmental Planner Jane Dooley Bertoni calls the meeting to order at 7:00 p.m. at Beverly City Hall, 3 d Floor Council Chambers, 191 Cabot Street, Beverly, MA. REQUEST FOR DETERMINATIONS OF APPLICABILITY New: 93 Lothrop Street, Lyons Park — Beverly Recreation Department c/o Bruce Doig, Director Maxner reads legal notice. Recreation Director Bruce Doig describes how the Recreation Department plans to install seasonal roll out mats to accommodate ADA access to the beach via beach chairs that will be purchased by the Recreation Department, and replace existing play structures at the park, within coastal Flood Zone AE, beach and buffer zone to beach. The existing fence will be extended further around the perimeter of the park. The temporary walkway will be 101' from bathhouse to edge of beach. The porous material of the walkway will allow sand to fall through. There are stakes to hold the walkway down which are visible to users. Work for the playground includes removal of the existing pieces, concrete footings will be dug and installation of pads, and crushed stone for drainage with wood chips on top. Paluzzi moves to issue a Negative #2 and #3 Determination. Seconded by Squibb. The motion carries 6 -0. There will be a condition of seasonal removal of the mats. New: 55 Ober Street, Lynch Park — install seasonal roll out mats — Beverly_ Recreation Department c/o Bruce Doig, Director Maxner reads legal notice. Recreation Director Bruce Doig describes how the Recreation Department plans to install seasonal roll out mats to accommodate ADA access to the beach. Mats to be placed within coastal Flood Zone AE, beach and buffer zone to beach starting from the parking lot to the beach. For both beaches there will be a motorized and manual wheelchair to provide access to the water. Conservation Commission May 3, 2016 Meeting Minutes Page 2 of 8 Paluzzi moves to issue a Negative #2 and #3 Determination. Seconded by Squibb. The motion carries 6 -0. There will be a condition of seasonal removal of the mats. New: 12 Wentworth Drive — expand deck, relocate stairs — 12 Wentworth Drive Realty Trust c/o Dennis Flynn Maxner reads legal notice. Cain Newman, contractor, and applicant Dennis Flynn are present. Newman explains the applicant proposes to expand the existing deck, enclose a portion of deck for a screened in porch and relocate stairs off the deck. Maxner notes based on her measurments in the field, the existing and new section of deck is approximately 28 feet from the edge of the wetland, and the relocated stairs will be about 22 feet from the edge of wetland. Newman responds to Bertoni that there will be 65 feet of additional impervious area, and the 4 foot wide stairs will have a concrete pad footing for support of stringers. Newman agrees to install a stone drip edge to capture any runoff In respond to Squibb, Newman explains the deck will be shored up with new sonotubes where the screened -in porch is located and rotten sections replaced. Maxner recommends mitigation for the stairs being within the 25' No Disturb Zone with plantings (native upland shrubs) in an area of the yard that is not frequently used. Suggested shrubs (i.e., high bush blueberry, arrowwood) will be included with the amended plan. Paluzzi moves to issue a Negative #3 Determination with conditions: 1. A revised plan shall be submitted showing approximate edge of wetland. 2. The revised plan shall depict not less than 4 shrubs and their location. 3. The proposed shrubs shall be native species and must exihibit full survivorship after 2 growing seasons post installation. Seconded by Squibb. The motion carries 6 -0. New: 2 Cavendish Square — grade and re -loam yard, install plantings — Donna & Alan Pierce Maxner reads legal notice. Donna and Alan Pierce are present and explain their project is to re- grade and re -loam their yard, install plantings (some ornamental along the curb of the street). Mr. Pierce describes how a landscaper was hired to fill in some depressions on the property without realizing that loam could not be used in buffer zone. The applicant was notified about unpermitted work and need for immediate erosion control installation and the landscape contractor and homeowner were advised about the permit process. Maxner notes that there was lawn at the brook edge and native woody vegetation could be planted as a 4 foot buffer between the edge of the brook bank and lawn for stability and to naturalize the area. Suggested plantings include: blue iris, blue grasses, inkberry holly, azalea, sweet ferns and bayberry. Maxner reports that the applicant immediately installed hay bale erosion control and seeded using hay to get area growing and stabilized as well as file an application. The Pierces agree to submit a planting plan to be developed by their landscape architect. A tree that is stabilizing the bank will remain. Conservation Commission May 3, 2016 Meeting Minutes Page 3 of 8 Paluzzi moves to issue a Negative #3 Determination with Conditions: 1. A swath running the entire edge of the wetland not less than 4 feet in width shall be planted with native shrubs and ground cover, and these plantings shall be left to naturalize without routine mulching, pruning or typical landscape maintenance. 2. A native plant list for the 4' swath adjacent to the wetland shall be submitted to the Conservation Agent prior to planting. Seconded by Squibb. The motion carries 5 -0 -1, with Donnelly abstaining. Recess for Public Hearings Paluzzi moves to recess for public hearings. Seconded by Buchsbaum. The motion carries 6 -0. NOTICES OF INTENT /ABBREVIATED NOTICES OF INTENT/REQUESTS FOR AMENDED ORDERS OF CONDITIONS Cont: 20 Elnew Avenue — construct new single family house & attached garage — Michael Chitro, Chitro Family Series, LLC Lot 20 Fair Acre Series John Dick, Hancock Associates, representing the applicant reviews the project to construct a new single family house within the 100 -foot buffer zone to BVW Dick submits up -to -date document and notes in response to neighborhood comments from April 26t''. He notes that that the house will be moved to the southwest on the lot away from the No Disturb Zone, vernal pool and swale. He addresses outstanding resource water stanards (not applicable), no increase in stormwater to the abutters (recharge trenches direct water away to the southeast), how yard waste will be removed from foot path which will increase surface water flow, and states that data sheets on wetland delineation can be provided to the Commission. Bertoni reports on her visit to the site observing that the gradient moves up from the back of lot toward the house so she did not think additional runoff would run up toward the neighborhood. Dick notes that drainage from the catch basin goes to the City open space, and there will be no berm on the edges of driveway. Discussion ensues as to whether the house will have a basement and if a sump pump or French drain would be used. Discussion addresses the 25' NDZ should be marked with no disturb language. Grandoni asks if groundwater levels will be affected by tree removal. Dick responds the scope of tree removal is not significant enough to impact groundwater noting that flooding on site has more to do with degraded surface drainage on a very flat site. Bertoni asks if there are any questions from the audience. Diane Davis, 12 Elnew Avenue, speaks to effects of climate change relative to the low lying property as water continues to rise and 100 -year flood events are more frequent. Han Chrisophoro of 2 Norge Road, mentions how runoff from the neighborhood reaches this property that it is frequently flooded. Andrea Kusiak, 17 Elnew Avenue, emphasizes how the lot floods, especially with road runoff, and does not drain quickly. Discussion addresses if there is a possibility that another catch basin could be added to the street. Don Martin, 27 Berrywood Conservation Commission May 3, 2016 Meeting Minutes Page 4 of 8 Lane, Ward 5 Councilor opines that any roadwork or drainage upgrads should be paid for by the developer and this particular property is undesirable for a house lot. Andrea Kusiak, 17 Elnew Avenue, notes the neighbors plan to submit the Cape Ann vernal pool team investigation evidence to National Heritage. Dick notes that two vernal pools are a few hundred feet away from the site. Donnelly moves to close the hearing. Seconded by Paluzzi. The motion carries 6 -0. Cont: 480 -482 Rantoul Street — Windover Development c/o Chris Koeplin Maxner notes the City Engineer will be reviewing the proposed stormwater drainage system and providing comments shortly, thus a continuance is necessary to which the applicant agreed. Paluzzi moves to continue to the May 25, 2016 meeting. Seconded by Donnelly. The motion carries 6 -0. Cont: 675A & B Hale Street —Adam Steinmetz Dominique Meringolo of Solitude Lake Management, representing the applicant speaks to pond management program, which has been permitted twice before and addendum to NOI that includes hydroraking which is a new method of management not previously permitted. He ntoes that based on the Commission's recent site inspection, there is also a plan to replace the existing wooden fence /guardrail along the south side of the pond with similar fence in same footprint. Discussion ensues about how some rotten fence posts could be replaced. The proposal to replace the fence is due to it being rotten in entirety and applicant describes how replacement would be done with lowest amount of disturbance doing handwork. Bertoni notes that this seems more extensive than what was discussed at the site visit and asks the applicant to supply more detail on what proposed fence would entail. The applicant proposes replacing the same fence for visual safety that is there with pressure treated material for water application in the same fence post holes. Bertoni asks if there are any questions form the audience. Jonathan Loring, 503 Hale Street, describes how there was a fence at the pond for 60 years. The Commission suggests an RDA can be filed for the fence replacement. Maxner will email existing documentation of roadway to the applicant relative to the edge of the pond delineation. In response to Donnelly, Meringolo explains that the application of herbicide would be done by a certified licensed applicator after the hydro- raking is done only if leaves and algae remain. The manmade pond always needs a level of management. Paluzzi moves to close the hearing. Seconded by Squibb. The motion carries 6 -0. Cont: 400 Hale Street, Endicott College — construct access drive extending to proposed parking lot at northeast section of campus — Endicott College c/o Dennis Monaco Joe Orzel representing the applicant describes changes to revised site plan including removal of gas and sewer lines from the shoulder of the driveway. Water for fire suppression and electric Conservation Commission May 3, 2016 Meeting Minutes Page 5 of 8 utility and lighting remain as part of the plan. Orzel also provided an updated letter on alternative analysis regarding the parking lot in which the findings did not change. Maxner notes that the draft set of approval Findings and draft Special Conditions under the local Ordinance were prepared for the Commission's consideration and shared with the project team. She reminds the Commission that this project was already approved under the Mass. State WPA. Bertoni reminds the project team of the College's numerous outstanding Orders of Conditions which the Commission would like to see progress toward obtaining Certificates of Compliance. Charlie Wear representing the applicant is working on compliance for Order dated beyond 2004. Bertoni asks if there are any questions from the audience. Discussion ensues with Jonathan Loring, 503 Hale Street, about lighting and impact on habitat and how motion sensitive lighting could be used. Also, research will be done on the best color for lights and impact on animals. Loring speaks to proposed plantings relative to native habitat. Peter Simpson, 454 Hale Street, asks about impact about blasting, and a permit would be obtained for any blasting work. Wear describes how testing was done in the area and assessment is that ledge might be broken and moved with machine with no blasting necessary. Buchsbaum moves to close the hearing. Seconded by Paluzzi. The motion carries 6 -0. New: 400 Hale Street, DEP File #5 -1158 — request for Minor Modification to Order of Conditions as approved under MGL Chap. 131 Sec, 40 & 310 CMR 10.00 (to reflect revised plans per 4.c. above) — Endicott College c/o Dennis Monaco Orzel notes that this request modifies the approval under the state Act to reflect the revised plans. There being no discussion, Paluzzi moves to approve the Minor Modification to Order of Conditions as approved under MGL Chap. 131 Sec, 40 & 310 CMR 10.00. Seconded by Squibb. The motion carries 6 -0. Cont: Rear McKay Street, Map 41 Lot 164 — perform invasive species management and selective viewscape pruning — Windover Development c/o Kristen Poulin Joe Orzel, Charlie Wear and Chris Koeplin are present representing the application. Orzel speaks to the plan for invasive species management (i.e., bittersweet, honeysuckle, multiflora rose, Norway maple and black locust) and viewscape pruning program along the Shoe Pond which includes cutting and chemical treatment of invasives and enhancement plantings. Viewscape management includes selective pruning to create views for the new residential development on the McKay School site. The planting plan (with 2 year survivorship) will be more descriptive once pruning is defined. Any trees removed will be have stumps flush cut. The Cummings Center property owner will be notified of pruning and planting plans. Bertoni notes the Commission conducted a site inspection and asks if the Commission has any questions or comments. Discussion ensues as to potential conditions for the Order. Bertoni asks if there are any questions from the audience. There are none. Paluzzi moves to close the hearing. Seconded by Squibb. The motion carries 6 -0. Conservation Commission May 3, 2016 Meeting Minutes Page 6 of 8 New: 1 Water Street — City of Beverly c/o Robert Dever, Project Coordinator Maxner reads the legal notice. She notes the City has requested a continuance. Paluzzi moves to continue the hearing to May 4, 2016. The motion carries 6 -0. New: 14 Bayview Avenue — Kevin & Margaret Puopolo Maxner reads legal notice. Bob Griffin representing the applicant describes the plan for coastal bank improvements including removal of 19 trees species include red pines, Norway maple, linden trees with stumps flush cut, and sugar maple and spruce to remain. To stabilize the coastal bank, a number of low lying shrubs and perennials have been identified for planting. Erosion control barrier will be installed around where plants will be placed. He explains that there is a severely undercut section of the toe of coastal bank, and the applicant proposes to install stone rip rap from a barge with use of an excavator in the toe of the slope for coastal bank stabilization. There is an existing fence along the top of the bank which is to remain. Bertoni asks for review of the resources on site and the velocity zone elevation. Griffin reviews the plan and resources. Buchsbaum asks if the bank functions as a sediment source and if the soil composition on the upper bank has been analyzed. Griffin notes that the small area (500 square feet) is not a significant source of sediment for the beach, noting that the upper bank has a mixture of grain sizes, but will perform hand augers to get a better profile of the soils. Grandoni notes his research about coastal bank management is to let nature take its course, noting that removal of trees will weaken root systems binding the bank together. Griffin notes that many of these trees are in decline, are top heavy and pose a risk for uprooting with strong winds that make the bank vulnerable. Members agree to schedule a site inspection. Bertoni asks if there are any questions from the audience. Anna Green, 4 Lawnbank Road, suggests that the intense development of this area of Bayview recently subdivide and built upon by the Hubbard brothers, has contributed to the erosion of the coastal bank and taking away of trees which provide stability compared to what the property looked like in 1989. She questions the landscape plan and labor required on this sensitive resource area. She questions how rising sea levels, high tides and storm surge is battering the coastal bank and how it should be addressed other than taking all of these trees down and believes the proposal is too extreme. George Stairs of 4 Lawnbank Road, concurs with Ms. Green and asks about the scale of proposed rip rap noting that it does not seem accurately represented on the plan and asked for a correction. Buchsbaum notes that a cross section of the bank is needed. In response to Grandoni, Griffin explains the barge would be in the area for likely a week working during high tide, the tree work is estimated to be done in November or possibly January or February when the ground is frozen. Irene Foley of 10 Bayview Avenue asks how many trees would be left after cutting occurs. Griffin estimates that four trees would remain two oaks, spruce and sugar maple. Conservation Commission May 3, 2016 Meeting Minutes Page 7 of 8 Squibb moves that the Commission schedule a site visit for Saturday, May 7 at 10:00 a.m. Seconded by Paluzzi. The motion carries 6 -0. There being no further questions or comments at this time, Squibb moves to continue the hearing until the May 25, 2016. Seconded by Paluzzi. The motion carries 6 -0. New: 133 Common Lane — construct accessory parking and associated landscaping — Joanna & Stephen Catalucci Maxner reads legal notice. Bob Griffin representing the applicant describes how the applicant proposes to construct accessory parking (20' by 30'), utility reconfiguration is needed to make a level parking area for three cars, walkway installation, associated landscaping and stormwater management features (stone drainage swale and terminal rain garden 5' wide and 10' long since it is near electrical transformer) along the existing driveway within the 100 -foot buffer zone to BVW. Work is outside the 25' NDZ on the westerly side of the existing driveway. There is area in the back of parking area for snow storage. Members review the plan, with Bertoni asking if lighting installed for the pedestrian walkway will be directed to the ground. Griffin does not think this is a problem. Paluzzi moves to close the hearing. Seconded by Donnelly. The motion carries 5 -0 -1 with Squibb abstaining. Reconvene Regular Meeting Paluzzi moves to reconvene the regular meeting. Seconded by Grandoni. The motion carries 6 -0. Orders of Conditions 400 Hale Street, Endicott College — construct access drive extending to proposed parking lot at northeast section of campus — Endicott College Maxner reports that Special Conditions and Findings have been prepared so she can issue the permit tomorrow. Discussion ensues about Special and Standard Conditions and the Commission's Findings under the Ordinance. Paluzzi moves to issue the Order of Conditions, Special & Standard Conditions and Findings as drafted and discussed, and approve the project under the local Ordinance. Seconded by Buchsbaum. The motion carries 5 -1 with Donnelly opposed. Paluzzi moves to defer the remaining Orders of Conditions from tonight until tomorrow. Seconded by Squibb. The motion carries 6 -0. Adjournment Conservation Commission May 3, 2016 Meeting Minutes Page 8 of 8 Donnelly moves to adjourn at 11:00 p.m. Seconded by Squibb. The motion carries 6 -0. The next regular meeting of the Conservation Commission is Wednesday, May 4, 2016 at Beverly City Hall, 3 d Floor Council Chambers, 191 Cabot Street.