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07-12-16 BCC MinCITY OF BEVERLY PUBLIC MEETING MINUTES BOARD: SUBCOMMITTEE: DATE: BOARD MEMBERS PRESENT: BOARD MEMBERS ABSENT: STAFF MEMBERS PRESENT: OTHERS PRESENT: RECORDER: Conservation Commission July 12, 2016 Chair Christine Bertoni, Vice Chair Robert Buchsbaum, John Donnelly, Tony Paluzzi, Rick Grandoni 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 Chamber, 191 Cabot Street, Beverly, MA. CERTIFICATES OF COMPLIANCE Cont: 400 Hale Street, DEP File #5 -1072 — Endicott College c/o Dennis Monaco Maxner reports the Commission received a request for continuance. Paluzzi moves to continue to the August 2, 2016 meeting. Seconded by Donnelly. The motion carries 5 -0. Cont: 400 Hale Street, Beverly Wetlands Ordinance Approval File # 01 -2013 — Endicott College c/o Dennis Monaco Maxner reports the Commission received a request for continuance. Paluzzi moves to continue to the August 2, 2016 meeting. Seconded by Donnelly. The motion carries 5 -0. REQUEST FOR DETERMINATIONS OF APPLICABILITY New: 415 Essex Street — construct deck — Scott & Lisa Webber Maxner reads legal notice. Bill Lowd representing the applicant explains the applicants propose to construct a deck addition within the buffer zone. Maxner notes that the house itself is within the 25' NDZ, with the wetland located at the base of a retaining wall in the rear yard, with the deck expansion no closer to the wetland than what exists now. Lowd describes how existing footers will be removed, taken off site and holes filled, and new 10 -inch diameter, 4 feet deep holes, hand dug, and filled with concrete as new footings with better load carrying capacity are needed. Existing stairs will be removed and replaced with stairs of the same size. A total of 10 holes will be dug for the project (40 cubic feet of soil to be removed). An inch or two of pea stone will be put under the deck. Conservation Commission July 12, 2016 Meeting Minutes Page 2 of 8 Maxner has observed grass clippings which have been dumped over the 12' retaining wall and notes the Commission may condition this approval contingent upon the applicant ceasing dumping yard waste in wetland, which can be brought to Standley Street compost center or removed offsite. Drainage on the steep site goes toward wetland. Discussion ensues about removal of sod at deck, which will be replaced with pea stone in less than a day according to Lowd. Paluzzi moves to issue a Negative #3 Determination with conditions: 1. Dumping of grass clippings and yard waste over the edge of the rear retaining wall into the wetland shall cease. Such materials shall be disposed of at an appropriate off -site facility. This condition is on-going. 2. Sonotube footings shall be dug by hand. 3. Soils from the excavated footings shall be used to fill the old footings holes under existing deck to be reconstructed. Any leftover soil shall be disposed of at an appropriate off -site facility. 4. Construction materials and debris shall be removed from site when the project is completed. 5. Sod underneath the decks shall be removed just below the root zone, porous filter fabric shall be installed within the areas of excavated sod and topped with crushed stone. This will aid in long -term prevention of erosion where grass will not grow under the decks and help maximize infiltration of runoff (rain water and snow melt). If these tasks cannot be completed in one day, sod removal and filter fabric installation shall be done together at the same time and the fabric shall be weighted down until crushed stone can be installed. Seconded by Buchsbaum. The motion carries 5 -0. Recess for Public Hearings Paluzzi moves to recess for public hearings. Seconded by Donnelly. The motion carries 5 -0. NOTICES OF INTENT /ABBREVIATED NOTICES OF INTENT/REQUESTS FOR AMENDED ORDERS OF CONDITIONS Cont: 181 Elliott Street, DEP File #5 -1189 — Beverly Commerce Park, LLP Stephen Drohosky representing the applicant speaks to proposal to construct a 6 -foot wide walkway connecting Balch Street to the lower Shoe pond. He notes the walkway has been required by DEP's Chapter 91 license amendment to allow the Elliott Landing condos to be built. He states that feedback from the Commission at the site walk included removal of a dead tree leaning on live tree on bank at lower Shoe pond, removal of dumped mulch and landscaping waste from the area and stabilize with native plantings. He states a revised plan has been submitted that addresses these conditions including plantings of junipers similar to what exists in general area, and no mulch will be put down in the area. Conservation Commission July 12, 2016 Meeting Minutes Page 3 of 8 Drohosky explains that the entrance from the parking lot to the lawn will be at the base of the stairs and the walkway will sweep to the left further from the water's edge of Shoe pond around the steps (will be staked in the field). DEP wants to see connection between lower Shoe pond and McKay Street. Intent of Chapter 91 license is to make the site more publicly accessible. Bertoni asks if there are any questions from the audience. There are none. Buchsbaum moves to close the hearing. Seconded by Paluzzi. The motion carries 5 -0. Cont: 95 Sam Fonzo Drive. DEP File #5 -949 — C. Ronald Vitale Peter Ogren, Hayes Engineering, representing the applicant. He explains the Order, issued in July of 2007 governs construction of an industrial building with associated parking, utilities, stormwater management structures, landscaping and grading within Buffer Zone to Bordering Vegetated Wetlands. The Order (issued under both WPA and local Ordinance) was subject to the State Permit Extension Act extending it to 2014. The applicant obtained two additional 1 -year extensions under the local Ordinance taking the expiration date to July 2016. Ogren notes they have submitted a request for a 3 -year extension under the Wetlands Protection Act, and a NOI (with the same plans as previously approved) under the Ordinance since the Order is not eligible for extension under the Ordinance. Maxner notes the Commission conducted a site inspection. She notes there is a low area on the site within a trench that fly ash may be exposed and the Commission had asked the property owner to cover the trench with dirt and seed it and hay it so there would not be directly exposed fly ash. Vitale explains that he did this, moved dirt and installed a silt fence as well as seeded which is growing. Discussion ensues on an additional condition that before any other construction on site occurs, the retaining wall be installed. Bertoni asks if there are any questions from the audience. There are none. Paluzzi moves to close the hearing under the Beverly Ordinance and issue the previous and new conditions as discussed. Seconded by Buchsbaum. The motion carries 4 -0. Paluzzi moves to approve the three year extension to the Order under the state regulations with the addition of the new condition that the retaining wall has to be installed prior to any other construction on site. Seconded by Buchsbaum. The motion carries 5 -0. Cont: 12R Greene Street, Greens Hill Area — restore trails and construct boardwalk — City of Beverly Planning Department c/o Aaron Clausen & Charles Mann Maxner states the Commission has received a request for continuance. Paluzzi moves to continue to the August 2, 2016 meeting. Seconded by Buchsbaum. The motion carries 5 -0. New: 30 Wedgemere Road, DEP File #5- — Thomas Curran Maxner reads legal notice. Kyle Lally, Hancock Associates, representing the applicant explains the proposal to remove an existing shed which will not be replaced, construct a detached garage, Conservation Commission July 12, 2016 Meeting Minutes Page 4 of 8 widen the driveway and install infiltration trenches within the 100 -foot buffer zone. He notes the tree on the driveway edge will not be impacted. He states all equipment will be kept forward of 25' No Disturb Zone and erosion control would be at limit of work at 25' NDZ line. Buchsbaum asks for a project description with more detail on the project. Bertoni asks how the new roof runoff will be handled. Lally notes the pitch of the driveway will take it to the side yard. Discussion ensues as to impact of increased runoff. Lally notes that the grades are very gentle and expects no scour from runoff. Lally agrees to provide an updated project description and revised plan showing the location of erosion control. Bertoni asks if there are any questions from the audience. There are none. Paluzzi moves to close the hearing. Seconded by Donnelly. The motion carries 5 -0. New: 27 Roderick Avenue — Rebecca Lane Maxner reads the legal notice. Bill Manuell representing the applicant explains the proposal to build an addition within 100' buffer zone to BVW within the 25' NDZ on the west side of the house, with mitigation proposed as invasive species removal and enhancement plantings to convert lawn to vegetated buffer. The addition will have a full basement although little excavation is required due to the sloped contour of the yard. Erosion control will be installed along wetland and back of yard. Excess soils will be taken off site. No grading is proposed. Manuell describes how there is grass at the edge of the resource areas. Mitigation proposed includes cutting down non - native multiflora rose along wetland boundary and installing native plantings along the edge of the wetland resulting in 768 square feet of mitigation that includes converting 590 s.f of lawn to native planting buffer zone habitat and180 s.f of multi flora rose removal (1.5 to 1 ratio). Plants will also be installed where multiflora rose is cut. No use of herbicide is proposed. Extensive discussion ensues as to alternatives to encroachment into the 25' NDZ, with Manuell explaining the factors that were considered for siting the addition on the lot, a narrative for which was included in the NOI. Maxner asks what supports the deck, with Manuell noting the deck is on sonotube footings. Bertoni asks how roof runoff will be handled. Manuell explains currently gutters run off onto the grass which will continue post - construction. Bertoni asks if there are any questions from the audience. There are none. Paluzzi moves to close the hearing. Seconded by Donnelly. The motion carries 5 -0. New: 59 Standley Street — Marilyn Ploss & Paul Weir Conservation Commission July 12, 2016 Meeting Minutes Page 5 of 8 Maxner reads the legal notice. Dan Johnson representing the applicant explains the proposal to upgrade failed septic system to a Title 5 system since sewer connection is more than 300' away. He explains that the wetland has been flagged by Wetlands & Land Management. Work is 76' from the wetland at its closest point, septic tank and pump chamber at 86'. Maxner asks whether work on the vegetated slope is anticipated as the erosion control is beyond edge of proposed grading. Johnson states that that slope should be relatively untouched. Grandoni asks for details on the new system. Johnson explains the Presby system and notes it is a newer design which allows for reduction in separation to groundwater, it also allows for accommodation for ledge which is prevalent on site. Bertoni asks if there are any questions from the audience. There are none. Paluzzi moves to close the hearing. Seconded by Buchsbaum. The motion carries 5 -0. New: 19R Linden Avenue, DEP File #5 -1189 — Michael McNiff, MPM Companies, LLC Maxner reads legal notice. Bob Griffin and Mike McNiff are present. Griffin, representing the applicant, explains the proposal to construct a new single family house, deck, driveway, walkway and other associated appurtenances on a 5,000 s.f vacant lot that currently consists of lawn, garden and small parking area. He reviews the wetland resource areas, which include the Bass River, 200' Riverfront Area, 100 -year flood elevation 10. 8, coastal bank, 100' buffer zone. He explains the work to take place within the first 100 feet of Riverfront, 100' buffer zone and 25' NDZ with vista pruning on the coastal bank. He notes that the parcel was created before zoning and riverfront regulations (previous to 1996). Griffin goes on to explain that the house is 28' by 38', two - story, and will have a walkout basement, three bedrooms, and sewer connection within a private way. The mitigation proposed consists of roof runoff into drywell with crushed stone around driveway and infiltration strip will be located behind sloped paved area. Three feet of fill will be added in front between private way and house for level access and driveway. Sonotubes are proposed to support the deck in the NDZ as far away from the NDZ as possible. Bertoni asks if there are any questions from the audience. David Suminsby, 21R Linden Avenue, describes how he has spoken to the property owner about parking and access issues, noting that the proposed bituminous concrete driveway is within the riparian zone. He is also concerned about the large tree at the property line that will be impacted by this development. The private way is gravel and parking area next to driveway is proposed to be paved. Paul Rossi, 29 Linden Avenue, inquires about long term runoff from the new paved area since there is a public beach in that area. Bertoni notes the Commission will examine infiltration and treatment of runoff The Commission schedules a site visit at 5 p.m. on Thursday, July 28, 2016. Donnelly moves to continue the hearing until August 2, 2016. Seconded by Paluzzi. The motion carries 5 -0. Conservation Commission July 12, 2016 Meeting Minutes Page 6 of 8 The Commission took a five minute recess. Orders of Conditions 181 Elliott Street, DEP File #5 -1187 — Beverly Commerce Park, LLP Discussion ensues as to conditions to apply to the project. Paluzzi moves to issue Standard Conditions and the following Special Conditions as discussed: 1. Prior to any work commencing, a revised plan shall be submitted depicting: a. The proposed path located south of the landscape steps and outside the 25' No Disturb Zone; b. Erosion control protection between the work and the bank of the pond; c. All of the proposed work shown on the Existing Conditions Site Plan to be shifted to the Proposed Site Plan. 2. All of the dumped /stockpiled leaves, mulch and other landscape waste /debris shall be removed from within the proposed juniper planting area and pathway area. Dumping in this area and along the bank of the pond shall cease. This condition shall survive as an on -going condition beyond the issuance of a Certificate of Compliance. 3. Spreading of mulch or meticulous pruning /maintenance of the juniper plantings shall not be undertaken. This condition shall survive as an on -going condition beyond the issuance of a Certificate of Compliance. 4. A natural leaf litter, which will naturally biodegrade, may be spread around the newly planted junipers to help in their establishment. 5. The proposed juniper plantings shall exhibit at least 75% overall survivorship after two (2) growing seasons after installation. Seconded by Buchsbaum. The motion carries 5 -0. The Commission returned to public hearings. New: 385 & 400 Hale Street, DEP File #5 -1191 — Endicott College Maxner reads legal notice. Charles Wear of Meridian and Dennis Monaco of Endicott are present. Wear explains the College is proposing drainage improvements in the vicinity of Frates Hall to alleviate flooding on campus and within Route 127. He describes how the parking lot floods after large storm events with runoff from part of the School's campus and from Landmark School campus and that City Engineer Greg St. Louis has been working with Endicott on this proposal and will provide signoff after review. Discussion ensues about consideration for adding a culvert (with new discharge point) and disconnection from state drainage system (this system will remain functional for Mass. highway system). Water quality is discussed, with Wear noting it will be improved per the system in part recommended by the City Engineer. Discussion ensues as to resource area impacts on coastal bank and beach. Bertoni asks how this particular set of improvements were decided upon. Wear explains that a study was done of the campus and its watersheds, identifying flows to this area and whether Conservation Commission July 12, 2016 Meeting Minutes Page 7 of 8 upstream improvements could be made. He notes limited opportunity upstream due to infrastructure and off site conditions. Members agree that a site visit would be helpful. Bertoni asks if there are any questions from the audience. There are none. A site visit is scheduled for Thursday, July 28 at 6 p.m. Paluzzi moves to continue the hearing until August 2, 2016 meeting. Seconded by Donnelly. The motion carries 5 -0. Orders of Conditions, continued 30 Wedgemere Road, DEP File #5 -1188 - Thomas Curran Discussion ensues as to possible conditions to apply to the project. Paluzzi moves to issue Order of Conditions under the State Act and Beverly Ordinance with Standard Conditions and the following Special Conditions as discussed: 1. Prior to any work commencing on site or Commission sign off on a building permit, a revised plan shall be submitted to the Commission depicting erosion controls to be installed along the edge of the 25 -Foot No Disturb Zone. 2. Prior to any work commencing on site or Commission sign off on a building permit, a revised project narrative providing more detail of the project shall be submitted to the Commission. 3. Runoff from the newly proposed impervious surfaces (i.e. driveway expansion and garage roof) shall be monitored for impact (i.e. flooding, erosion etc...) to neighboring properties. Should visible impacts be observed, a mitigation plan shall be submitted to the Commission for review and approval and implemented before a Certificate of Compliance. Seconded by Buchsbaum. The motion carries 5 -0. 27 Roderick Avenue, DEP File #5 -1192 - Rebecca Lane Extensive discussion ensues as to the waiver request from the 25' NDZ, and the Commission establishes its findings, with Buchsbaum noting that the 25 -Foot No Disturbance Zone encumbers a substantial majority of the rear yard which confines the citing of a proposed addition on the lot. Members review the proposed mitigation plan and project impacts. Paluzzi moves to approve the request for the waiver as discussed. Seconded by Donnelly. The motion carries 5 -0. Paluzzi moves to issue Standard Conditions and the following Special Conditions as discussed moves to issue Order of Conditions under the State Act and Beverly Ordinance with Standard Conditions and the following Special Conditions: 1. After 2 rounds of cutting, the multiflora rose shall be evaluated by a qualified wetland professional to determine if cutting has been successful in removing /eliminating this invasive species from the area. Should cutting not prove successful, alternative methods for removal/management shall be further discussed with the Conservation Commission prior to implementation in the field. 2. The proposed native shrub plantings shall exhibit at least 75% overall survivorship after 2 growing seasons post installation. Written confirmation of compliance with this Conservation Commission July 12, 2016 Meeting Minutes Page 8 of 8 condition by a qualified wetland professional shall be submitted to the Commission prior to the issuance of a Certificate of Compliance. Seconded by Donnelly. The motion carries 5 -0. 59 Standley Street, DEP File #5 -1190 - Marilyn Ploss & Paul Weir Discussion ensues as to potential conditions. Buchsbaum moves to issue Order of Conditions under the State Act and Beverly Ordinance with Standard Conditions and the following Special Conditions: 1. Cutting of any vegetation on the slope between the proposed erosion control and septic system and associated grading is prohibited. Seconded by Paluzzi. The motion carries 5 -0. Adjournment Buchsbaum moves to adjourn at 10:25 p.m. Seconded by Donnelly. The motion carries 5 -0. The next regular meeting of the Conservation Commission is Wednesday, July 13, 2016 at Beverly City Hall, 3 d Floor Council Chambers, 191 Cabot Street.