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2008-12-09 CITY OF BEVERLY PUBLIC MEETING MINUTES Date: Board: Members Present December 9,2008 Conservation Commission David Lang, Tony Paluzzi, Dr. Mayo Johnson, Ian Hayes, Gregg Cademartori, Mary Reilly, and Bill Squibb Members Absent: None Others Present: Amy Maxner - Environmental Planner Recorder: Eileen Sacco Recess for Public Hearin2 Paluzzi moves that the Commission recess for public hearing at this time. Reilly seconds the motion. The motion carries 7-0. Notice of Intent Cont: 16 Bavview Avenue - Thomas & JoAnne Dohertv (aoolicant)/Robert & Michael Hubbard (owner) Bob Griffin is present on behalf of the applicant. Michael Hubbard and Mr. Doherty are present at the meeting. Griffin addresses the Commission and explains that a site visit was held last weekend. He explains that they have positioned the house so as to save as many trees as possible. He notes that a question came up at the site visit as to whether they are in compliance with coastal standards. He explains that the coastal construction standards are included in the revised building code and do not apply in this matter as all work will be well above the mapped flood zone. Griffin states that he was also asked to check on zoning setbacks for pools. He reported that the pool will be 21 feet from the property line so that are in compliance as 10 feet is the minimum. Griffin also reported that the filter discharge for the pool was also questioned and explained that a small enclosure has been added and a mini drywell will filter pool water. He stated that there are no other changes to the plan. Maxner expresses her concern that the location of both drywells are outside of the lOa-Foot Buffer Zone and wonders how does the Commission exercise authority over making sure they are installed if they fall outside your jurisdiction? Hayes states that he considers that the new runoff from impervious surfaces would impact the area of jurisdiction and therefore they are Beverly Conservation Commission December 9, 2008 Meeting Minutes Page 2 of8 required to address the impacts, and notes that it is the applicant's choice to place the wells outside the lOa-Foot Buffer Zone, but regardless they will be required. Griffin explains the locations of the proposed drywells and states that they are committed to installing them. Lang opens the hearing up for public comment at this time. There is no one present who wishes to comment on the matter. Maxner notes that the existing house is outside of the buffer zone and questions if the demolition permit is in place. Griffin explains that the demolition permit is in place and the building permit is in process. Maxner requests that all of the preconstruction requirements for work in the buffer zone be in place before they notify her to start the project. There being no further questions of comments regarding this matter, Paluzzi moves to close the public hearing. Hayes seconds the motion. The motion carries 7-0. Cont: Thissell Marsh - 376 Hale Street - Endicott Colle2e - Restore De2raded Salt Marsh- Dennis Monoco Maxner explains that the Commission will recall the proposal is to restore a degraded salt marsh, daylight the culverted stream and replace a terminal culvert to increase tidal flushing, and work is to occur within multiple resource areas both coastal and inland to reclaim filled BVW and restore altered and degraded resources. She notes that a site visit was held on Saturday December 6th. Craig Wood, Louis Berger Group, addresses the Commission and notes that there were questions raised at the site visit by members of the Commission and they have looked at those issues. He explains that the first issue is the access to the staging area and the second was to provide more information on flood dynamics with regards to the pond upstream on Renee Mary's property. Wood explains that they looked at the access and have decided to leave the access as it is after following up with the City and Mass Highway to shift the access slightly west. If they find a viable alternative then they would come back for a minor modification or an amended Order of Conditions. He explains that it is complicated to move it because of utilities and Mike Collins has concerns about protecting them and the pump station. Cademartori notes that the FTP online shows the access coming off a 30 degree angle going down the site as suggested by the Commission at the site visit. Woods explains that they did show that alignment originally but when they met with Mike Collins they changed it due to his concerns about crossing sewer lines and it would require a new curb cut. He states that he will meet with Collins again to rule out changing the access. Beverly Conservation Commission December 9, 2008 Meeting Minutes Page 30f8 Lang notes that there are some older oak trees on the site and he would like to see them avoided and preserved if possible. Woods explains that they might have to remove one of them for the curb cut if the access is changed. Woods explains the flood dynamics of the site and notes that they met with Renee Mary on her property after the site visit to talk to her about her concerns. He notes that they took survey shots to confirm the elevation information that they had and explains their findings, which included upstream culvert elevations that they did not have previously. He concludes that there should be no flooding issues or saltwater intrusion on the Mary property and the Centerville Creek upstream should not be influenced by Salem Sound. He explains that there is a stone spillway structure at the inlet of the culvert on the Mary property, which is at elevation 8.5, and the lower outlet is at elevation 5.8. He notes that the lOa-Year Flood elevation is 13.2 by 1988 NGVD and the Mary basement sill is at 18.6. He states that in considering the flood dynamics it is his opinion that there is no perceived flood hazard to Ms. Mary's residence or threat of saltwater intrusion. Hayes agrees and notes that there should be no difference upstream pre or post construction. Lang thanks Woods and notes that he did a nice job explaining that. Hayes notes that it seems that flood dynamics would not change significantly whether the project was done or not. Renee Mary, 274 Hale Street, asks if any modeling was done for the Mother's Day storm in 2006. Wood states that no modeling was done per say for this magnitude storm event. Discussion ensues regarding the flooding elevations and impact of the Mother's Day storm. Hunt Durey, CZM, refers to the project application and notes that they are requesting two waivers from the Ordinance. He explains that one is for the 25-Foot NDZ and the other is for alteration of a wetland resource area and notes that he hopes the Commission will vote on those individually. Hayes states that he looked at the Ordinance and notes that this is a great project but that the Commission's vote to grant these waivers must be very narrow and specific in its rationale. He provides copies of draft findings that he developed for the Commission's consideration. He explains that this project is for the express purpose of restoring an existing wetland to health and there will be numerous environmental benefits. He also notes that they have provided for five years of monitoring of the site and experts in the field were the designers and will be the monitors of this project. He notes that there are no other commercial or industrial considerations that would influence how this project was conceived or will be executed. Brief discussion ensues regarding the criteria for granting the waivers. Lang agrees and suggests that both waivers should be granted and thanks Hayes for his thoughtful attention to this issue. Cademartori questions whether it is possible to reuse plant material that will be removed when the channels are cut. Woods explains that they are willing to consider the reuse of plant Beverly Conservation Commission December 9, 2008 Meeting Minutes Page 40f8 materials that are sacrificed whenever possible, with the exception of ph rag mites-laden soils or plant material intermingled with its root systems. Cademartori asks if they are planning on introducing any new plant materials in the area and if they have received any feedback on the methodology for phragmite control. Woods explains that they will use plants, which are standard for salt marshes and mosquito control supports and the phragmite control is a standard protocol that they use in coastal situations. Cademartori asks if there will be sufficient salinity to support marsh in the upper tennis court area. Durey states that this area should be inundated enough to support salt marsh grass. Reilly asks if there were any comments from DEP regarding the materials that will be used for the boardwalk. Woods recalls that there were no comments from DEP and notes that there are several options for that and if the Commission has a preference they could specify that in the Order of Conditions. Squibb asks if the boardwalk will be constructed onsite. Woods explains that it could be but explains that there are some timber kits available, and notes that it would be up to the contractor. Maxner asks what the timetable for the project is. Woods explains that the project is dependent on funding and fundraising is underway. He explains that the permitting should be complete by May and explains the permits required for the project. He also notes that the phragmites control could be done in the early summer and the herbicides applications done in the later summer and the full construction would commence after that. Maxner notes that the DEP file number for the project has not been issued yet. Wood states the he has placed a call into Heidi Davis who has intimate knowledge of this project already and he does not anticipate comments from her as she has reviewed this project from the start. Maxner states the Commission could condition the Order to retain the option of re-opening the hearing if substantive comments from DEP come in. Lang opens the hearing up for public comment at this time. There is no one present who wishes to comment on this matter. There being no further questions or comments regarding this matter, Paluzzi moves to close the public hearing. Hayes seconds the motion. The motion carries 7-0. Cont: Chapman's Corner Estates. DEP File #5-862 Hayes recuses himself from discussion of this matter. Bob Griffin is present representing the applicants. Beverly Conservation Commission December 9, 2008 Meeting Minutes Page 50f8 Maxner explains that Griffin forwarded the revised plan for the NDZ markers to her and it is what she envisioned for the area. Lang agrees that the markers are spaced on the lots appropriately. Cademartori refers to lots 10 and 11 and states that he would like to see one additional No-Cut marker placed at midpoint. He also suggests one additional marker on lot 6 because it is 100 feet from a vernal pool. Griffin agrees to those suggestions. There being no further questions or comments regarding this matter, Paluzzi moves to approve the revised plan dated November 19, 2008, with the suggestions for additional markers for lots 6, 10, and 11. Reilly seconds the motion. The motion carries 6-0. Hayes rejoins to the meeting at this time. New: 232-234 Essex Street - Landscape Plan Approval. DEP File #5-985 - Walker Realty Trust John Dick is present representing the applicant. Maxner explains that the only change she sees from the September 15, 2008 version of the plan is that the 25' NDZ is cross-hatched, and there are no locations and numbers of plants provided. Dick explains that it is an augmentation of the existing bank plantings and explains that they will be tucking them in between what is there now and explains that it will be a native seed mix. He notes that they did not submit a formal plan because the intent was to achieve a certain density and they have no way of knowing at this point how many plants that will take. Lang explains that without some information there is nothing for the Commission to approve and he would like to see a more specific planting schedule. He also notes that the Commission is reasonable and flexible but this current plan is not helpful. Dick explains that they are proposing to eradicate invasive species and at that time they would be better able to tell what will be needed. He suggests that he could submit a tentative list of what might be needed, noting that he is reluctant to specify exactly what will be needed. Hayes suggests that the Commission hold off on the approval until the eradication takes place and they have a better idea of what is needed. Cademartori agreed but noted that timing is an issue and they should have submitted the plan prior to construction and thinks that the Commission is well within its rights to receive a plan that is much more detailed. Maxner reminds the Commission that no woody plants are proposed in the 25 foot NDZ, and notes that this proposal is going to fill in the gaps where invasives are removed. She also states that she would like to see the Commission get out of the business of approving plans or portions of plans after the hearings are closed because this is what happens most of the time. Beverly Conservation Commission December 9, 2008 Meeting Minutes Page 60f8 Reilly states that she was expecting to see woody plants within the reclaimed 25' NDZ. Squibb agrees, as he believes that the seed mix will just be mowed through the season and it will defeat the purpose of reclaiming the 25' NDZ. Members agree. Lang suggests that Dick submits a plan with better specifications for the next meeting on January 9, 2009. Dick agrees that he can do that. There is no action taken by the Commission at this meeting and it is continued to the Janaury 9, 2009 meeting. New: Site Plan Review - New CVS Pharmacy and Drive- Thru Maxner informs the Commission that the Planning Board has requested comments as appropriate from the Commission on this proposed site plan. She explains that the plan calls for razing the entire plaza at the corner ofRantoul and Elliott and placing a single CVS store with parking and drive-thru. She notes that there is an IVW located north on the abutting property and she wants the Commission to determine if this property is within the jurisdiction of the Commission. Hayes notes that he walked the site and it is not that close to the little wetland. He also states that he suspects that there has been some dumping on the site noting that he saw busted up oil drums etc. on the site. He states that he doesn't see how this proposal can make anything worse. He also states that he feels that the Commission has no jurisdiction on the matter. Members agree. Other Old/N ew Business Beaver Pond Road OSRD CR Lan2ua2e Maxner distributes a memo regarding Beaver Pond Road draft Conservation Restriction and asks that members of the Commission review it and make suggestions to her via email or bring them to the next meeting on January 9,2009. 76 Paine Avenue - Jack Swansbur2 Seawall Discussion Maxner informs the Commission that Mr. Swansburg's engineer will not certify the section of the wall that was built by Mr. Wadsworth's contractor. Lang suggests that Mr. Swansburg should submit a plan and the Commission will engage a peer review to look over the plan at Mr. Swansburg's expense. He notes that he is concerned about liability if the wall ever fails and he wants to be cautious as the Commission is not a party to this issue as he sees it as a private matter that the two parties need to work out among themselves. He also notes that whatever is required in the Order of Conditions has to be submitted noting that they should submit as-built plans and point out what is similar and dissimilar from what was approved by the Commission. Members agree that an as-built plan certifying existing conditions is what they need, not necessarily certification of compliance. Beverly Conservation Commission December 9, 2008 Meeting Minutes Page 70f8 Squibb notes that the Certificate of Compliance for the Wadsworth wall only addressed work that was done on Wadsworth property, and it does not mean the Commission approved or certified anything on the Swansburg property. Cademartori agrees noting that Wadsworth made reasonable efforts to work with Swansburg prior to starting work on his own seawall and that Mr. Swansburg brought this issue up about a year after Wadsworth had completed his work. Lang recommends that Maxner review the correspondence in the Wadsworth file to see how Vine Associates handled this section of wall in their as-built. Approval of Minutes There are no minutes presented for approval at this meeting. Order of Conditions 16 Bayview Avenue - Thomas & JoAnne Doherty (applicant)/Robert & Michael Hubbard Members discussed potential conditions and agree to Standard Conditions. Paluzzi moves to issue Standard Conditions for 16 Bayview Avenue, and the applicant should come back to the Commission for landscaping pruning or any other work within the Buffer Zone or along the Coastal Bank. Hayes seconds the motion. The motion carries 7-0. 376 Hale Street - Endicott Colle2e - Thissell Marsh Lang notes that a project of that size will have a lot of changes so the Commission may have to be flexible. Reilly states that she would like to see the boardwalk constructed of environmentally friendly materials. She also states that she would like to see annual monitoring reports. Hayes suggests that he would like to see provisions for pressure washing of trucks before they exit onto city streets. He also notes that this is a limited project and should not be precedent setting. Members discussed potential conditions and agree to Standard Conditions and the following Special Conditions: 1. Yearly monitoring reports summarizing each of the 5 years of post-construction monitoring shall be submitted to the Commission as soon as they are available, and project representatives shall be available to attend a meeting of the Commission to present findings of these reports if the Commission determines that such presentation IS necessary. 2. The Commission recognizes the inevitable in-field modifications, both major and minor, that will need to be made as construction and restoration efforts progress for a Beverly Conservation Commission December 9, 2008 Meeting Minutes Page 80f8 project of this nature and magnitude. Therefore the Commission shall be apprised of all proposed major revisions in field conditions or design so as to evaluate the need for formal requests for modifications or amendments to this Order of Conditions. 3. The proposed boardwalk shall be constructed with NON-chromate copper arsenate (CCA) treated wood products or creosote treated timber for piles and decking. 4. To the maximum extend practicable the existing native vegetation to be disturbed shall be reincorporated into the planting plan of newly established resource areas. 5. Extra care shall be taken to protect all adjacent resource areas and public ways adjacent to resources from intrusion of sediment from construction equipment wash off and tracking of dirt, sediment and debris on to public ways. 6. Notwithstanding Standard Condition # 27 below, this Order approves the use of herbicides to treat and control invasive Phragmites on the site per the Phargmites Control Protocol provided in the Notice ofIntent and site plans approved under this Order of Conditions. There being no further questions or comments regarding this matter, Paluzzi moves to issue the Order of Conditions for 376 Hale Street - Endicott College - Thissel Marsh. Hayes seconds the motion. The motion carries 7-0. Adjournment There being no further business to come before the Commission this evening, Paluzzi moves to adjourn the meeting. Johnson seconds the motion. The motion carries 7-0. The meeting adjourns at 9:00 p.m.