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05-24-17 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 24, 2017 Chair Christine Bertoni, Vice Chair Robert Buchsbaum, Rick Grandoni, Tony Paluzzi, Jenna Pirrotta Stephanie Herbster Amy Maxner, Environmental Planner Jane Dooley Bertoni calls the meeting to order at 7:00 p.m. at Beverly City Hall, City Hall 3" Floor Council Chambers, Beverly, MA. CERTIFICATES OF COMPLIANCE Cont: 3 Bonad Road, DEP File #5 -1093 — MPM Companies, LLC & Jason and Lynda Rnwen Maxner reports the Commission received a request for continuance. Paluzzi moves to continue to the June 21, 2017 meeting. Seconded by Buchsbaum. The motion carries 5 -0. UEST FOR DETERMINATION OF APPLICABILITY New: MBTA at Tozer Road intersection — Mass. Bay Transportation Authority c/o Holly Palmgren Maxner reads the legal notice. Jay Latrocki, VHB, representing the applicant explains the proposal to install Positive Train Control equipment within the buffer zone to bank of stream in the vicinity of the Tozer Road crossing. He notes the 6'x 8'housing structure will be within a previously disturbed area in the rail right of way and although MBTA is not subject to local ordinances or by -laws, work is outside the 25' NDZ to the stream located on the opposite side of the tracks. In response to Bertoni, Latrocki explains that there will be very little excavation for the footings of the housing, with helical driven piles that self - level. Pirrotta moves to issue a Negative #3 Determination. Seconded by Paluzzi. The motion carries 5- 0. New: 3 Leather Lane — Brian Thorne Conservation Commission May 24, 2017 Meeting Minutes Page 2 of 8 Maxner reads legal notice. Brian Thorne is present and Steven Scialdone, contractor representing the applicant, describes proposal for 20.5 foot by 13 foot deck with footings to be on existing patio. He notes the deck sits back 5 feet within the existing patio and will have four, 12 -inch footings and one pad (1 foot by 4 foot by 1 foot deep) to receive set of stairs. The other side of deck will be lagged to home. The cement blocks will be removed, footings dug and backfill done with remaining removed soil taken off site during day of work. No extra soil will be stockpiled on site. In response to Bertoni, Thorne notes that the dry set patio was at the property when he purchased the home. Maxner states she conducted a site inspection and reports that the edge of wetland is at base of the landscaped slope. The patio is about 24 feet from the edge of wetland and the edge of the new first floor deck will be 29 feet from the wetland. In response to Buchsbaum, Scialdone states if they encounter ledge within the footings, they will pin to the ledge and make sure the Building Inspector will look it over. Paluzzi moves to issue a Negative #3 Determination with the following conditions: 1. All work to construct deck, stairs and footing shall be accomplished manually. 2. Should ledge be encountered within footing excavation, footing will be pinned to ledge. 3. All excavated soils not used for backfill shall be taken off site. Seconded by Buchsbaum. The motion carries 5 -0. New: 11 Lawnbank Road — George Stairs Maxner reads legal notice. George Stairs states that he is representing residents of Lawnbank Road and describes proposal to replace wooden stairs on the coastal bank leading to the seawall. Stairs mentions easement from 1954 subdivision along a resident's lawn that neighbors are allowed to use to access these stairs to Patch Beach. The proposal is to replace an exact replica of existing steps, footings, stringers and railings in the same location and grade. He mentions that the request is based on safety rather beautification. The existing materials would be removed manually. The pressure treated material for new steps would be brought on site precut and assembled in place. Aluminum steps (anchored into the seawall) are attached to the wooden steps and used seasonally. Paluzzi moves to issue a Negative #2 Determination with the following Special Conditions: 1. All cutting of wood shall be accomoplished outside the coastal bank and its associated 100 - foot buffer zone. 2. Work to be accomplished manually and no heavy equipment or vehicles are allowed on the coastal bank. Seconded by Buchsbaum. The motion carries 5 -0. Recess for Public Hearings Paluzzi moves to recess for public hearings. Seconded by Buchsbaum. The motion carries 5 -0. NOTICES OF INTENT /ABBREVIATED NOTICES OF INTENT/REQUESTS FOR AMENDED ORDERS OF CONDITIONS Conservation Commission May 24, 2017 Meeting Minutes Page 3 of 8 Cont: 50 Dunham Road, DEP File #5 -1215 — Dunham Ridge, LLC c/o Stephen Drohoshy Maxner reports the Commission received a request for continuance. Pirrotta moves to continue the hearing until the June 21, 2017 meeting. Seconded by Paluzzi. The motion carries 5 -0. Cont: 105 Sam Fonzo Drive, DEP File #5 -1218 — Beverly port Self Storage, LLC c/o Thomas Ford Eric Brandese of Alliance Engineering and Mary Rimmer of Rimmer Environmental are present representing the applicant. Brandese notes that the revised plan presented to the Commission this evening responds to the City Engineer's comments. Rimmer explains additional landscaping will be added in the 25' No Disturb Zone to mitigate some of the disturbance that will occur from crossing existing ditch. Discussion occurs with Rimmer on design standards for crossing spans and buried culverts, with Maxner confirming that the March 2011 edition is the most recent. Rimmer agrees. Discussion ensues as to waiver criteria for incursion into the 25' NDZ, with Buchsbaum noting that additional detail is needed for that part of the narrative. Bertoni asks that additional information relative to the alternatives analysis, City Engineer's review of plan revisions and culvert detail be provided. Bertoni asks if there are any questions from the audience. There are none. Paluzzi moves to continue the hearing until June 21, 2017 meeting. Seconded by Buchsbaum. The motion carries 5 -0. New: Obear Park, 145 Livingstone Avenue — Beverly Harbor Management Authority Panl Earl Maxner reads legal notice. Bob Griffin representing the applicant describes proposed project to improve fishing access. He notes the Beverly HMA has received a DMF grant for the work and plans to construct a 30' long paver walkway and install a bench, with another small paver area to be installed at the paved access drive. A kayak rack similar to what is found at Water Street will be installed and some pruning of trees is proposed. Signage will be installed. The HMA is looking at outside contractors to do the work. The plan includes the option of boardwalk as well as pavers at the water side of the path. Griffin explains that a second phase of the project is to install a 260' long, 8' wide stone dust pathway on the existing traveled pathway (on the coastal bank) that would meet ADA requirements. A mitigation, 675 square feet of Phragmites control is proposed to be undertaken as described in Laura Gibson's report in the NOI. Bertoni asks if the stonedust will be below mean high water, Griffin responds it will not. Bertoni asks if there are any questions from the audience. Conservation Commission May 24, 2017 Meeting Minutes Page 4 of 8 Abutter Nina Quinn of 52 Hillcrest Avenue, questioned why small portion of Phragmites on ocean side of the park is proposed for removal when there is a larger quantity on other side of the marsh. Griffin responds that funding determines amount of Phragmites removal and proposal for concrete paver and stone dust use. Christine Schulz 22 Upland Road, asks about actions that would be taken to control a portion of invasive species and if herbicides would be used. Bertoni explains that there are several approaches to Phragmites control and that the Commission would condition the project so that non - herbicide methods would be employed first and if herbicides were to be used, the applicant would have to come back to the Commission to discuss protocol. Paluzzi moves to close the hearing. Seconded by Grandoni. The motion carries 5 -0. New: 18 Doane Avenue —Thomas Marletta Paluzzi recuses himself. Maxner reads legal notice. George Zambouras, project engineer, representing the applicant describes proposal to construct a 22'x 30'addition at the east of the dwelling which would involve demolishing a small wing addition, walkway, portion of deck and stairs and timber retaining wall. Work to take place within 100 -foot buffer zone to BVW and bank of intermittent stream. He notes that a portion of existing structures to be demolished occur within the 25' NDZ and the resulting square footage of structure within NDZ is reduced from 134 s.f of structure to 86 s.f of structure, which is discussed in the NDZ waiver worksheet. In response to Bertoni, Zambouras notes that if ledge is found in area it would be hammered out. Depending upon the amount of ledge that is identified this could result in the foundation and infiltration chamber being altered. Maxner notes she observed yard waste and Christmas tree deposited within and along the edge of the wetland. Zambouras notes he alerted the applicant that this will need to be removed. Bertoni asks if there are any questions from the audience. There are none. There being no further questions from the Commission, Buchsbaum moves to close the hearing. Seconded by Bertoni. The motion carries 5 -0. Reconvene Regular Meeting Buchsbaum moves to reconvene the regular meeting. Seconded by Paluzzi. The motion carries 5- 0. OLD /NEW /OTHER BUSINESS New: 4 Meeting Place Circle, DEP File #5 -1186, Request for Minor Modification — Lisa Marciano /Tim Moreland Maxner reminds the Commission the Order issued in May of 2016 governs construction of an in- ground swimming pool with sand filter system, associated patio and perimeter stone infiltration trench, pool shed, open and covered deck, walkway and gravel parking area with stone infiltration trench within the 100 -foot buffer zone to off -site bordering vegetated wetland. The Conservation Commission May 24, 2017 Meeting Minutes Page 5 of 8 initial plan was later modified to reconfigure the pool and patio shapes, and filter system to be cartridge style. Homeowner Lisa Marciano describes some minor changes already implemented and other minor modifications proposed. She goes through the list she prepared for the Commission. Maxner notes that she visited the site and the changes do not increase the footprint of the patio or move things closer to the wetland. Paluzzi moves to issue Minor Modifications as listed and just discussed. Seconded by Bertoni. The motion carries 5 -0. New: 17 Noble Hill Road — Tree Removal Request — George Zambouris George Zambouras, homeowner, explains the need for cutting down maple tree cluster and taking out downed trees due to safety concern. Bertoni asks if the fallen trees can remain as habitat. Maxner notes she visited the site and observed that a couple fallen trunks are over the stream and could cause blockage. Discussion ensues as to methods of removal, Zambouras notes an arborist would use a crane operated from the driveway to take the trees out. Paluzzi moves to approve tree removal subject to the following conditions as discussed: • All remaining trunks on the maple cluster shall be cut flush to the ground surface and not ground out or stumped; • Fallen trunks may be cut up, removed and disposed of at an appropriate off -site facility; • Toppled trees may be cut up, removed and disposed of at an appropriate off -site facility, but their stumps shall be left without grinding or stumping. Seconded by Bertoni. The motion carries 5 -0. Request to modify Determination of Applicability for re- paving sections of the National Grid site at 44 -46 River Street Tim Sullivan of VHB representing National Grid notes that per the recent Determination of Applicability issued by the Commission, Grid has started re- paving project. He explains a proposed change for a new area to be paved where there is a slope, and a second area (outside of riverfront) where a cement pad at grade is proposed since asphalt does not support heavy equipment. The same footprint will be repaved of existing driveway. Bertoni asks if additional impervious surface will result. Sullivan explains it will not as these areas are already impervious, so no new impervious area proposed. Buchsbaum moves to approve request for modification. Seconded by Paluzzi. The motion carries 5 -0. New: 41 Prince Street — Jonathan Uroskie Maxner explains this property was subject to an Order of Conditions that was recently closed out with a Certificate of Compliance for demolition of the existing dwelling and tennis court, building new single - family house and associated appurtenances. She notes the Locust trees Conservation Commission May 24, 2017 Meeting Minutes Page 6 of 8 along the beach were originally slated for removal to which the Commission applied the following Special Condition: • To compensate for the removal of the black locust trees within the 25 -Foot No Disturbance Zone, at least four (4) native non - invasive trees shall be planted within the planting bed that runs along the seawall in addition to proposed shrubs. She explains the Order was later modified wherein the applicant decided to retain the Locust trees. Now the homeowner wants to take down locust trees along the seawall which are located on coastal bank and a beech tree adjacent to the pool and replant that with a maple. Buchsbaum moves to approve the removal of beech tree and deny removal of locust trees pending an RDA and planting plan. Seconded by Bertoni. The motion carries 5 -0. Cont: Draft Amendments to Beverly Wetlands Regulations — Update on review Maxner reports that Special Counsel Jeff Roelofs has preliminary review comments and suggests that she, City Solicitor and subset of the Commissioners will be meeting with him within the next couple weeks. New: Review of Minor Project Permits Issued by Agent The Commission reviews the Minor Project Permits issued since last meeting (462 Essex Street sunroom addition and 52 Cross Lane installation of a 70' section of fence) and have no comments. New: Expenditure Approvals Mileage reimbursement to Amy Maxner for the 3 -month period of February, March and April of 2017 of $119.25 for 265 miles accumulated while carrying out Con Com tasks /business. Paluzzi moves to approve $119.25 of mileage reimbursement for Maxner. Seconded by Buchsbaum. The motion carries 5 -0. Orders of Conditions New: 18 Doane Avenue —Thomas Marletta Discussion ensues as to the NOI application, proposed plan, and verbal testimony submitted by the applicant and its representative and site observations. Waiver criteria were discussed with Buchsbaum noting that siting the addition on the opposite site of the house would result in more disturbance and removal of a very large tree. House architecture and general site conditions are considered, with Bertoni noting addition will be located in areas currently disturbed with a deck, stairs and timber retaining walls. The addition will not result in more degraded conditions than already exist. Conservation Commission May 24, 2017 Meeting Minutes Page 7 of 8 Buchsbaum moves to approve the project under the State Act and Beverly Ordinance, and issue Standard Conditions and the following Special Conditions and approve the waiver to the 25' NDZ as discussed: 1. Erosion control shall consist of 12" Filtrexx Siltsoxx securely staked as specified on Sheet 2 of 2 on the approved plan. In addition, orange snow fencing shall be installed next to the Siltsoxx along the rear stretch between wetland flag Al to A9 — this is to delineate a very clear limit of work so that equipment will not encroach into the wetland. 2. Should the proposed stone infiltration trench need to be relocated due to prohibitive ledge of soil conditions, a revised sketch showing the new location and confirmation that capacity of trench remains adequate shall be forwarded to the Commission. 3. The approved plan shall be marked to identify the locations of the fence posts that are in need of replacement. Marked up plan shall be forwarded to the Commission. 4. All yard waste, debris and discarded Christmas trees shall be removed from within and along the edge of the wetland, and debris shall be disposed of at an appropriate off -site facility. 5. Dumping or stockpiling of yard waste of any other debris within the wetland or 25 -foot no disturbance zone shall cease. The condition is on -going and shall survive the issuance of a Certificate of Compliance. 6. The 48" diameter deciduous tree located 15 feet from the easterly end of the house shall be preserved as described in the written 25'foot no disturb zone alternatives analysis included in the NOI application. This condition is on- going. 7. If the 48" diameter tree requires pruning or removal based on a certified arborist's written diagnosis that the tree poses a hazard or is in imminent decline /failure, such proposed pruning or removal shall be reviewed by the Commission under a separate application. This condition is on- going. 8. If the timber retaining walls need reconstruction/replacement, means and methods for this work shall be noted and forwarded to the Commission. Seconded by Bertoni. The motion carries 4 -0 -1 with Paluzzi abstaining. New: Obear Park, 145 Livingstone Avenue — Beverly Harbor Management Authority Paul Earl Discussion ensues as to the NOI application, proposed plan, and verbal testimony submitted by the applicant and its representative and site observations. Waiver criteria were discussed with Bertoni noting that the nature of the project (i.e. shoreline fishing and kayaking /recreation) requires direct access to the coastal shoreline and therefore resources and buffer zone areas cannot be avoided. Buchsbaum notes that the removal of Phragmites and replanting with native grasses will be an improvement. Paluzzi moves to approve the project under the State Act and Beverly Ordinance, and issue Standard Conditions and the following Special Conditions and approve the waiver to the 25' NDZ as discussed: 1. Machinery shall not be operated on the beach. 2. Prior to tree pruning, a site visit consultation shall be held with the tree contractor and a member of the Commission or its Agent to review the limits of allowable pruning. Conservation Commission May 24, 2017 Meeting Minutes Page 8 of 8 3. The Commission prefers paver installation at the walkway entrance and either a paver walkway or boardwalk at the shoreline end of the walkway provided that a detail sheet of the boardwalk be provided if a boardwalk is proposed. 4. The proposed Phragmites root barrier must be installed as prescribed in Laura Gibson's December 1, 2016 Phragmites Management protocol within the limits of each phase of Phragmites management. 5. All non - herbicide treatment methods as prescribed in Laura Gibson's December 1, 2016 Phragmites Management protocol shall be employed first BEFORE any herbicide application is proposed. 6. The applicant must return to the Commission with means and methods of herbicide application should this management method be deemed necessary. 7. The proposed cord grass and salt marsh hay to be planted shall exhibit an overall survival coverage of not less than 75% after two growing seasons post installation. 8. The proposed stone dust within the existing pathway shall be sufficiently compacted to avoid any washout during high water events. Further the stone dust shall be regularly monitored and maintained to ensure its long -term stability and resistance to erosion. This condition is on- going. Seconded by Buchsbaum. The motion carries 5 -0. Approval of Minutes Buchsbaum moves to approve the March 29, 2017 minutes as amended. Seconded by Paluzzi. The motion carries 5 -0. Adjournment Buchsbaum moves to adjourn at 10:15 p.m. Seconded by Paluzzi. The motion carries 5 -0. The next regular meeting of the Conservation Commission is Wednesday, June 21, 2017 at Beverly City Hall, 3rd Floor Council Chamber.