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04-10-19 BCC Minutes - FinalCITY OF BEVERLY PUBLIC MEETING MINUTES SUBCOMMITTEE: DATE: BOARD MEMBERS PRESENT BOARD MEMBERS ABSENT: STAFF MEMBERS PRESENT: OTHERS PRESENT: RECORDER: Conservation Commission April 10, 2019 Chair Christine Bertoni, Vice Chair Robert Buchsbaum, David Dines, Stephanie Herbster, Jenna Pirrotta, Bill Squibb Rick Grandoni Amy Maxner, Environmental Planner Jane Dooley Bertoni calls the meeting to order at 7:00 p.m. at Beverly City Hall, 3r Floor Council Chamber, Beverly, MA. REQUEST FOR CERTIFICATE OF COMPLIANCE Cont: 100 & 102 Hull Street, DEP File #5 -1205 — construct two new single family houses and associated appurtenances — MJP Properties, Inc. c/o Mike Panzero & Susan Purdy The Commission had continued this certificate request to its May 29, 2019 meeting. Cont: 14 Cleveland Rd. (f.k.a. 391R Elliot St.), DEP File #5 -786 — construct a single- family home and associated site 2radin2 and utility work — William & Linda Beard The Commission had continued this certificate request to its May 29, 2019 meeting. The applicant has to file an RDA to permit non - compliant elements, provide planting mitigation, and remove wood pile. REQUEST FOR DETERMINATION OF APPLICABILITY New: 150 Sohier Road - installation of two 95 -foot horizontal groundwater monitoring wells - Aptim Environmental & Infrastructure, LLC Maxner reads legal notice. The applicant's representative describes proposal for installation of two 95 -foot horizontal groundwater monitoring wells at the rear of and underneath Building "B" on the site. These monitoring wells are part of an on -going remediation of the groundwater from past contamination of the former Varian Facility that operated on site. Work is to remain outside the 50' NBZ and 25' NDZ to the bank of a day - lighted section of intermittent stream channel. Some brush clearing will be done in the NBZ and flush cut. The work should take two weeks to complete. The 24 -inch concrete boxes will be left on site for each well. This site had a facility Conservation Commission April 10, 2019 Meeting Minutes Page 2 of 5 built in the 1950s and there is active remediation going on now. There is monitoring of downstream contamination. There is bedrock on the site. A protocol is in place for dealing with contaminated drill spoils to be removed off site. A fence will be removed and replaced. Maxner will observe site when erosion control is in place before work begins. Squibb moves to issue a Negative #3 Determination with the conditions discussed. Seconded by Herbster. The motion carries 6 -0. New: 32 Tozer Road - mill and repave parking lot/driveway - Cell Signaling Technology c/o Peter Mntn Maxner reads legal notice. Peter Muto speaks to proposal to mill the top 2" asphalt (72,000 sf) and repave the existing parking lot and driveway(s) and reset existing or some new granite curbing. Work to take place within the 100 -foot buffer zone to BVW, with some existing sections of the access driveways falling within the 25' NDZ. No excavation will be done. Any extracted asphalt will be taken off site for recycling. Erosion control will be located along side of pavement and within limit of work. Maxner will review erosion control placement before work begins. There will be no increase in impervious surface. Restriping and signage will be done after paving is complete. A milling machine and dump truck will be used in tight parking area. Any disturbed soil will be reseeded with appropriate mix. Equipment will be parked over night outside of the buffer zone. A spill kit will be located on site. The project is expected to take slightly longer than a week occurring in mid -May dependent upon weather conditions or postponed until the fall. Dines moves to issue a Negative 93 Determination with the conditions as discussed. Seconded by Squibb. The motion carries 6 -0. Maxner mentions the Certificates of Compliance with ongoing conditions relative to follow -up of O &M maintenance activity reports. This has occurred and Mr. Muto will email copies of the documents to Maxner. Also, the area of restoration planting where there was die off have been replanted (i.e., sweet pepper bush). Maxner will inspect in May. The parking lot is being swept twice a year, catch basins and infiltrator are inspected and cleaned when amount of sediment warrants it. Recess for Public Hearings Pirrotta moves to recess for public hearings. Seconded by Herbster. The motion carries 6 -0. Conservation Commission April 10, 2019 Meeting Minutes Page 3 of 5 NOTICES OF INTENT /ABBREVIATED NOTICES OF INTENT /REQUESTS FOR AMENDED ORDERS OF CONDITIONS Cont: 7 Porter Terrace, DEP File #5 -1245 — extend Livingstone Avenue roadway and construct new single family houses — 7 Porter Terrace, LLC c/o Brian Marks Dines moves to continue to the May 1, 2019 meeting. Seconded by Herbster. The motion carries 6 -0. Reconvene the Regular Meeting Dines moves to reconvene the regular meeting. Seconded by Squibb. The motion carries 6 -0. OLD/NEW /OTHER BUSINESS Cont: Beverly Airport — update on Airport Vegetation Management Program — Airport Solutions Group /Airport Manager Maxner reports on her meeting with airport manager and representative from the Mass DOT aeronautics and airport consultant regarding airport vegetation management program and unpermitted cutting. These representatives will be coming to an upcoming Conservation Commission meeting. At that time an explanation on proposed change in methods of managing vegetation will be presented. New: 74 Hart Street, DEP File # 5 -1263 — request for Minor Modification to Order of Conditions — Glen Urquhart School c/o Andrew S. Brown, Trustee A school parent representing the School speaks to renovation of upper and lower school playgrounds, work to take place within 100 -Foot Buffer Zone and 200 -foot Riverfront Area. The School is requesting a modification to the January 2019 Order pursuant to Special Condition 91: The project as described does not involve removal of trees or significant vegetation, and therefore this Order of Conditions does not authorize such. The School wishes to remove 2 non- native Norway Maple trees in close proximity to the zip line where there is root damage and proposes to replant 1:1 with native 2" caliper replacement trees (i.e., red Maple). The removed trees will have stumps flush cut. Squibb moves to allow a Minor Modification for two Norway Maple trees to be removed and replaced with 2" caliper trees, and a branch above zip line trimmed. Seconded by Herbster. The motion carries 6 -0. New: Planning Board - request for comments - Thaxton Road & Grover Street OSRD Site Plan Review - Hickory Hill Street Realty Trust Bob Griffin representing the applicant describes access on Thaxton Road and location of reservoir as well as where intermittent stream runs through 5.9 acre parcel. Three new houses Conservation Commission April 10, 2019 Meeting Minutes Page 4 of 5 and driveways are allowed. On the Wenham side there is an access /egress gate for emergency vehicles as part of the Angus Circle subdivision. A hybrid plan C will include a 20' access private way from Thaxton Road with hammerhead turning area, 3.1 acres of open space and NDZ. There will be less work in NDZ. All storm water will run downhill to catch basins and be treated as it moves into wetland and into drinking water reservoir. Two 1,000 gallons dry wells will be installed as well as infiltration basins. The storm water report describes flow before and after construction. Waivers to the Planning Board have been submitted regarding roadway requirements. The open space parcel will possibly be conveyed to the Conservation Commission. If this does not occur the open space would be conveyed to the homeowners association. Under OSRD 50% of the parcel has to be NDZ and 50% of buildable land would be open space in this case significantly more than is required (3.1 acres of open space and NDZ). For the purpose of the subdivision construction will be out of the buffer zone. Maxner notes that there could be future requests for people to move into the buffer zone. The Commission received a comment letter from the OSRC which Maxner read into the record. It recommends a condition associated with the watershed. The house and driveway footprints on the plan are currently conceptual but consider wetland constraints. Discussion addresses if a CR or deed restriction would be used relative to open space conservation. Also proposed was possibility of expanding no mow area. Tree clearing will occur in the Lot 2 area. Discussion ensues about a possible comment to Planning Board about limiting edge of clearing which would be inspected by the Conservation Agent pre - construction and pre - cutting. The 100 ft. buffer could be clearly delineated with snow fence. Any grading in area would require erosion control. Trees would be flagged. Suzanne Sullivan, an abutter to the property, spoke to issue about sump pumps in her basement and if the subdivision development would cause more water in her basement. Griffin addresses OSRD regulations and 25 ft. track buffer. He reiterates that runoff will go to catch basins and into intermittent stream before going into reservoir. The storm water calculations are being reviewed by the City Engineer. It was noted that the Beverly Conservation Land Trust could potentially be the holder of the open space. New: Review of Agenda for April 11, 2019 Public Hearin Maxner briefs the Commission on details about April 11, 2019 public hearing on the Waring School land encroachment. Assistant City Solicitor Kevin Corridan will present an introduction. Comments will be taken from the public. An ECGA representative will attend. Greenbelt has been communicating with the family that donated the land. Discussion addresses how conservation land under Article 97 has to be declared surplus to dispose of it. The Commission will decide whether or not it supports the City going into litigation to amend the charitable trust. Conservation Commission April 10, 2019 Meeting Minutes Page 5 of 5 New: Review of Minor Project Permits Issued by Agent The Commission addresses Whirling Drive property owner's interest in replacing 10' by 12' deck with a 12' by 16' deck that would be 35 ft. from edge of marsh. The existing deck is in the 50' NBZ. The Commission notes that this should be an RDA that provides details about new footers. Also discussed was 2 Fieldstone Lane where the property owner wants a larger deck at rear of the house. There is an existing 11' by 11' wooden deck close to the ground. They would like to extend the deck about 10' parallel with the house on Sonotube footers with gravel under the deck versus wooden platform. This is within the 50' NBZ. The Commission recommends an RDA. Also discussed was 13 Meadow Road where the property owner would like to work within the footprint of timber footings to locate a shed. Excavation would occur so a form could be poured to place the shed. This is in the 50' NBZ. The Commission recommends an RDA. New: Ocean River Institute — Discuss invitation to upcoming meeting for presentation This letter addresses organic lawn care. No decision has been reached yet. New: Other... Discussion or Action Items Related to Commission Business Discussion addresses Enforcement Order for 20, 30, 40 Webster Avenue and revised restoration plan. Maxner notes that the project engineer did a good job meeting requirements from the Commission. Some equipment is going to be used to remove material from cart path with hand work done on the sides. Also mentioned was preferred location for planting of dog wood trees, and need for the Commission to receive paid invoice for seed mix. A request has come in asking for an extension of June 7, 2019 deadline for completion of restoration plan. The Commission agreed that the property owner should do the work to meet the original deadline. New: Expenditure Approvals Dines moves to pay mileage reimbursement to Amy Maxner $21.60 for carrying out the Commission's work. Seconded by Herbster. The motion carries 6 -0. Adjournment Herbster moves to adjourn at 9:05 p.m. Seconded by Pirrotta. The motion carries 6 -0. The next regular meeting of the Conservation Commission is Wednesday, May 1, 2019 at Beverly City Hall, 3rd Floor Council Chamber.