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2011-01-04Beverly Conservation Commission January 4, 2011 Meeting Minutes Page I of 9 CITY OF BEVERLY PUBLIC MEETING MINUTES Date: January 4, 2011 Board: Conservation Commission Members Present Tony Paluzzi, Dr. Mayo Johnson, Bill Squibb, Kate Glidden, and Gregg Cademartori Members Absent: David Lang, Mary Reilly Others Present: Amy Maxner — Environmental Planner Recorder: Eileen Sacco Paluzzi calls the meeting to order at 7:00 p.m. at the Beverly City Hall, 3 rd Floor, 191 Cabot Street Beverly, MA. Recess for Public Hearings Johnson moves to recess for public hearings at this time. Cademartori seconds the motion. The motion carries 5 -0. Notice of Intent Cont: 4 Gavin Circle — Jon & Joan Perry Maxner states that the applicant is not present this evening and she expected that they would be to present their project. Paluzzi suggests that Maxner contact them one more time to see what their intentions are, and the Commission will continue the matter to the January 25, 2011 meeting. Johnson moves to continue the public hearing to January 25, 2011. Cademartori seconds the motion. The motion carries 5 -0. Cont: 44 Prince Street — David Carnevale Bob Griffin is present for the applicant. Mr. Carnevale is present also. Griffin addresses the Commission and explains that this project was first proposed as a building addition to an old and somewhat historic guesthouse. He explains the existing site conditions and the location of the guesthouse on the site. Griffin explains the project involves renovation and construction of a building addition to the existing guesthouse with associated driveway, utilities and landscape improvements within Buffer Zone to Coastal Bank and Land Subject to Coastal Storm Flowage. Beverly Conservation Commission January 4, 2011 Meeting Minutes Page 2 of 9 Griffin explains that, based on feedback from the Commission during the site inspections, the project has been modified to address the Commission's concerns and the performance standards in the Beverly Wetlands Regulations. He notes that the footprint of the addition is similar to the former plan but they have flipped the design and eliminate a direct connection to the guesthouse. He notes they will raze the existing garage and a garage will be located on the south end of the property and they have removed construction of patio, trellis and house corner out of the 25 -Foot No Disturb Zone. He notes that this change will require a ZBA variance, which they will apply for shortly. Griffin explains that they are proposing to remove 1,560 s.f of existing driveway and they are installing drywells to capture more runoff He notes that the driveway removal will occur in the 25' NDZ but will have to perform work in the NDZ for the sewer pipe work but that area will be returned to its original condition. Griffin notes that if feasible they would use the City sewer system if it were in place. Paluzzi notes that there is an outstanding Order of Conditions for this property. Griffin explains that it was for an addition to the main house and construction of a pool. He explains that the pool was built but the addition to the house was not and they would like to leave that Order open at this point. Paluzzi asks if there is any difference in the volume of runoff that results from this plan revision. Griffin explains that this plan has more removal of impervious surface than the original plan so there may be a slightly less runoff with this plan. Maxner asks the number and size of proposed drywells. Griffin states that they are installing two 500- gallon drywells on the site. He also explains that the new septic tank will go to a leeching field unless they choose to use the sewer system. Griffin reviews the trees to be removed on the site. He explains that they are pretty much the same as the original plan, noting that there are a couple of trees that could be saved with this plan as the new building does not encroach into them. Paluzzi asks if the vista - pruning plan is the same. Griffin states that it is and notes that they will have an arborist come in to prune the locust trees in the back. Paluzzi suggests that they notify Maxner if they find that any other trees need to be removed. Paluzzi opens the hearing up for public comment at this time. There is no one present who wishes to comment on this project. There being no further comments or questions regarding this matter, Cademartori moves to close the public hearing. Johnson seconds the motion. The motion carries 5 -0. New: 159 West Street — Helen Grela/Laura Gibson Landscape Design Maxner reads legal notice. Beverly Conservation Commission January 4, 2011 Meeting Minutes Page 3 of 9 Laura Gibson is present for the applicant. Gibson addresses the Commission and explains that they are proposing to remove a large multiple -trunk Linden tree located immediately adjacent to the house and perform grading to alleviate flooding issues that have caused damage to the house in the past, and installation of a retaining wall. She explains that the work will take place within the buffer zone to a Coastal Bank. Gibson explains that the tree is hollow at the middle and near the top and the base of the tree is 11'9" from the house and shows the Commission photos. She notes that the owner has reluctantly decided to remove the tree for safety reasons. Gibson explains that some replanting within the buffer is proposed and explains that a honey locust tree will be planted 40 feet from the house in a location that is acceptable to the neighbors so as not to block views. She also explains that they will re -grade and install a swale around the house with a 2 -foot high retaining wall if needed. Paluzzi asks how far they would have to lower the land. Gibson explains the area on the plan and notes that they are not proposing work in the NDZ. She explains that the work will begin 32' from the top of the coastal bank and will remove the soil re -grade so the water flows around the house. Maxner notes that the work is basically within the existing lawn area. Squibb asks if they have given any thought to planting more than one locust tree. Gibson states that they have not planned that but they would consider planting a second tree on the east side of the property. He also notes that they are very conscious of maintaining habitat noting that raccoons and hawks have occupied the trees on the property and on the bank. Maxner notes that there is no erosion control on the plan and suggests that they use a filter sock. She also notes that the 25' NDZ should be shown on the plan. Paluzzi opens the hearing up for public comment at this time. There is no one present who wishes to comment on this project. Members agree that there is no need for a site visit as this project is fairly straightforward. There being no further comments or questions regarding this matter, Johnson moves to close the public hearing. Cademartori seconds the motion. The motion carries 5 -0. New: 44- 46 River Street — National Grid/Boston Gas/Mass. Electric Maxner reads legal notice. Matt Varrell and Karen Fisk of VHB is present for the applicant. Erin Whoriskey and Jason Naiden of National Grid are present and Joe Higgins, LSP with Innovative Engineering Solutions is present. Beverly Conservation Commission January 4, 2011 Meeting Minutes Page 4 of 9 Varrell explains that the applicant proposes to conduct site work including: environmental remediation, installing a sheet pile wall, building demolition, parking lot reconfiguration and repaving, and stormwater management. He explains the site and the locations on the plans. Varrell explains the existing resources on site as coastal bank, 100 -foot buffer zone, 200 -foot riverfront Area extending from the Bass River, and the land subject to coastal storm flowage, and 100 -year flood plain at elevation 10. He notes that the coastal bank is roughly at elevation 6 or 7. Varrell notes that the current drainage on the site is an existing pipe through the center of the property to the Bass River. He notes that they received an RDA in December to replace a collapsed pipe, which receives municipal street stormwater. There are several catch basins on site that contribute to that pipe as well. Varrell notes that there are several buildings on the site to be demolished and a majority of the site is paved with some packed gravel areas. He hands the floor to Joe Higgins for an explanation of the MCP issues on site. Higgins addresses the Commission and explains the plans for the remediation of the upland portion of the site. He explains that the Boston Gas site was a former manufacturing gas plant operation and his firm determined the extent of the contamination on the site and it was ultimately decided to create a type of "bath tub" to contain it and install a sheet pile wall and cap it. He also explains that they will install wells to collect contaminated groundwater if necessary and the existing timber bulkhead will be replaced with a sheet pile wall. Higgins explains that there are sources of coal tar on the site and they will dig and remove these hot spots from the site. He also notes that any debris will be removed by pre - trenching and if any hazardous material is found it will be stockpiled and removed from the site appropriately. Higgins explains that the restoration plan will include a protective layer of flexible membrane with a liner cushioned with a layer of sand and a chain link fence will be installed. He notes that the rest of the site will be paved. Varrell addresses the Commission and explains Phase II the reconfiguration and consolidation of the site. He notes that the drainage system will be sheet flow to a bioretention area as opposed to catch basins and explains the process. He notes that a new pipe will be installed from the edge of River Street to the new that is being installed to replace the collapsed pipe on the site. He explains the drainage on the site and notes that an overflow structure will go directly to the river. Varrell explains the impact that the project will have on the resource areas, which includes 238 linear feet of the coastal bank, 228 of which accounts for the sheet pile wall and 55 accounts for stone rip rap. He notes that 63,000 s. f. of remediation in the Riverfront Area of which 5 1, 000 s. f. is previously developed Riverfront and 15,000 s.f of restoration. He explains the components of the restoration area. Beverly Conservation Commission January 4, 2011 Meeting Minutes Page S of 9 Varrell explains that erosion control measures and a silt fence will be installed during active excavation, and wheel wash stations will be onsite. Paluzzi asks if the hot zone is marked on the plan. Higgins notes where they are on the plan and explains that the material will be appropriately removed from the site. He notes that there are two docks on the waterside and they have no intention of disturbing them. He also notes that the ownership of them is in question. Paluzzi notes that there is an outstanding Order of Conditions for this site. Erin Whoriskey states that they plan to file for a Certificate of Compliance for the outstanding Orders for the next meeting. Johnson asks if there is a walkway in the area to the Bass River. Higgins states no. Maxner asks if the work requires a Chapter 91 License. Higgins states that a Chapter 91 License is not required because this is a maintenance project to an existing bulkhead. Cademartori asks if they are subject to MEPA for the coastal bank impacts. Higgins explains that this is not subject to MEPA until such time as they request a state project. He also notes that the wall will be below grade. Squibb questions what they will do with the pilings and the final grading at the Desmond side of the site. Higgins states that they will be pulled and sheet piles will be driven just outside of them on the riverside and the grade will meet existing at Desmond as the wall will be below grade at that point. He notes that marine grade steel will be used to minimize corrosion issues for the vertical sheet pile wall and deadmen will be included to secure the wall from collapse. Paluzzi asks what the depth of the contamination is. Higgins states that it is about 18 feet. Cademartori asks in what storm event will the system surcharge. Karen Fisk explains that the design is for the surcharge of a one -year storm with the first 1 -inch of treatment. She notes that the main goal of the stormwater system is to sheet the water away from the capped area. Cadmeartori notes that this system will surcharge quite frequently and asks if there is any way to expand the bioretention area further landward into the site since so much of the site will be paved for parking. Varrell and Fisk respond that this was looked at but the limit of the remediation cap was prohibitive. Maxner asks if they have given any thought to a vegetated swale on the site. Varrell states that they have not looked at that for this side of the site. Maxner suggests that the Commission visit the site. Paluzzi opens the hearing up for public comment at this time. Beverly Conservation Commission January 4, 2011 Meeting Minutes Page 6 of 9 Harry Coffey of 3 Marshall Court addresses the Commission and expresses his concern about the runoff and contamination to his property from this site. He notes that he is a commercial fisherman and over the years they have paved this site right up to the fence and each time the damage to his property is worsened. He also notes that he keeps lobsters on his site and he has requested that they release the overflow at high tide but that has not happened. Tim Vann of National Grid addresses the Commission and states that the sewerage backs up on the site when it rains and their site floods. He states that the Beverly engineering department advised them to put large rocks on the manholes during storm events, and since the last storm they have been blocking the manholes but this problem is not caused by Grid, it is an SESD problem and Grid's operations suffer from sewage surcharges just as badly. Coffey addresses the Commission and notes that the drainage issues cause mud, silt and sand to go into his dredge hole where he keeps his lobsters. He also notes that if they drain the site at low tide, fresh water gets into their dredge hole and the lobsters die. She requests that they plan to send the drainage the other way where it would not impact anyone. Varrell states that it is a large issue with the city and National Grid and he would like to get more information about this, noting that they would take a look and see if there is something they could do to address the problem. Varrell notes that the project has not been issued a DEP file number as of today. Maxner notes that the Coffey's mentioned paving on the site and notes that she does not recall any approvals being granted for that work on the site. She notes that she will review the historical aerial photos of the site. There being no further questions or comments regarding this matter, Johnson moves to continue the public hearing to January 25, 2011 pending a site visit on January 15, 2011 at 8:30 A.M. Squibb seconds the motion. The motion carries 5 -0. Old/New Business Cont: 96 & 102 Cherry Hill Drive — The Flatlet/ Company/Meridian Engineering Associates Maxner informs the Commission that the applicant's wetland scientist has re- flagged the area but was unable to be here this evening and has requested that the matter be continued to January 25, 2011. Johnson moves to continue the matter to the January 25 meeting. Squibb seconds the motion. The motion carries 5 -0. Cont: 54 Paine Avenue, Enforcement Order — Tim Brady Beverly Conservation Commission January 4, 2011 Meeting Minutes Page 7 of 9 Maxner informed the Commission that the consultant is finalizing a restoration plan for Mr. Brady and requested that the matter be continued to January 25, 2011. Johnson moves to continue the matter to the January 25 meeting. Glidden seconds the motion. The motion carries 5 -0. New: Dix Way — McInnis Paving — Tim McInnis Tim McInnis is present. McIinnis addresses the Commission and explains that he operates his paving business at 5 Dix Way immediately adjacent to Dix Park and there is a small stretch of open channel of Chubbs Brook in that vicinity. He notes that he has been operating this business in this location for many years and is compliant with Zoning. He also notes that various materials from his operation are stored in outdoor "bins" that he does cover most of the time. He explains that the Beverly Farms Improvement Society have mentioned to him that they think his business is a wetlands violation and have threatened to report him to DER He explained that he contacted Maxner and asked her to write a letter stating that he is not in violation. Maxner notes that she thought it best that the Commission consider this request. McInnis notes that Mike Collins and Eric Barber have been to the site and determined that he is not encroaching into the Dix Way right of way. Cademartori asks if the asphalt pile is temporary. McInnis states that it is temporary and explains that he recycles it at a facility in Ipswich and does not keep a substantial amount on site at any given time. Maxner recalls a conversation with Mr. McInnis a couple years ago regarding the concerns of the neighbors and at the time she did not think that there was any violation but she did not formalize her opinion in writing. Johnson suggests that the Commission visit the site. Members agree. The Commission will visit the site on January 15, 2011 at 9:30 a.m. New: 363 -399 Rantoul Street, Burnham Apartments — Windover Properties, LLC - Planning Board Request for Comments Maxner explains that the applicant, Windover Development, has submitted a site plan review and special permit application with the Planning Board for a 4 -story apartment building to be constructed at 363 -399 Rantoul Street (the old Kelly Nissan/Infinity site). The Board has asked the Commission to make any comments as appropriate. Maxner notes that based on GIS and other mapping materials, it does not appear that any wetlands or buffer zones encumber the subject property. The Commission reviews the site plans and discuss the project briefly. Members agree that there are no wetlands issues on site and therefore direct Maxner to inform the Board that the Commission has no comments on this project. Beverly Conservation Commission January 4, 2011 Meeting Minutes Page 8 of 9 Approval of Expenditures Renewal of Stipend for Conservation Administrator Maxner asks if the Commission is willing to continue the annual expenditure of $5,000 stipend for the Conservation Administrator for 2011. Johnson asks how long the stipend has been in effect. Maxner states it has been 4 years. Johnson suggests that it be increased and asks the Commission members if they support an increase. Members agree and discussion ensues as to what percentage or dollar amount increase should be given. Johnson moves to raise the stipend by $500.00 and appropriate a total sum of $5,500 for the 2011 yearly stipend for the Conservation Administrator. Glidden seconds the motion. The motion carries 5 -0. Mileage Reimbursement — Conservation Administrator Johnson moves to approve the expenditure of $144.40 for mileage reimbursement for Amy Maxner for the period of September — December 2010. Glidden seconds the motion. The motion carries 5 -0. Orders of Conditions 44 Prince Street — David Carnevale Discussion ensues as to potential conditions to be issued. Johnson moves to issue Standard Conditions, and the following Special Conditions: 1. Stormwater runoff from the new driveways servicing the new house shall be directed to maximize infiltration and minimize direct discharge to resource areas by way of crushed stone shoulders or other means as appropriate. 2. Proposed vista pruning shall not reduce the canopy by more than 10% as defined in 310 CMR 10.04. Cademartori seconds the motion. The motion carries 5 -0. 159 West Street- Helen Grela Discussion ensues as to potential conditions to be issued. Johnson moves to issue Standard Conditions, and the following Special Conditions: 1. Prior to work commencing an updated plan shall be submitted depicting the 25' No Disturb Zone and the 100' Buffer Zone. Beverly Conservation Commission January 4, 2011 Meeting Minutes Page 9 of 9 2. Erosion control may consist of filter sock or similar method. 3. An additional Honey Locust tree or other native tree shall be installed within the coastal bank buffer zone somewhere between the house and the bank. Squibb seconds the motion. The motion carried 5 -0. Approval of Minutes The minutes of the Beverly Conservation Commission meeting held on October 19, 2010 are presented for approval. Johnson moves to approve the minutes as amended. Squibb seconds the motion. The motion carries 4 -0 -1 with Glidden abstaining. The minutes of the Beverly Conservation Commission meeting held on November 30, 2010 and are presented for approval. Johnson moves to approve the minutes as written. Squibb seconds the motion. The motion carries 5 -0. Adjournment There being no further business to come before the Commission this evening, Johnson moves to adjourn the meeting. Paluzzi seconds the motion. The motion carries 5 -0. The meeting adjourns at 9:00 p.m.