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2011-07-19Beverly Conservation Commission July 19, 2011 Meeting Minutes Page I of 9 CITY OF BEVERLY PUBLIC MEETING MINUTES Date: July 19, 2011 Board: Conservation Commission Members Present Chair David Lang, Vice Chair Tony Paluzzi, Mary Reilly, Dr. Mayo Johnson, Bill Squibb and Katelyn Merrill Members Absent: Kate Glidden Others Present: Amy Maxner — Environmental Planner Recorder: Amy Maxner Lang calls the meeting to order at 7:00 p.m. at the Beverly Public Library, 32 Essex, Street Beverly, MA. Certificate of Compliance New: 675 R Hale Street, DEP File #5 -739 — Seamans Maxner informs the Commission that the Order of Conditions, issued to Ms. Eugenia Seamans in May of 2001, governed cleaning up the dunes from storms and resetting boulder rip -rap along the Coastal Bank. She notes that John Dick of Hancock Associates has provided a narrative of his observations and some photos of current conditions of the area, noting there is a request for a waiver from the as -built plan. Maxner believes the Commission is well acquainted with this area as several site visits at the neighboring property at 76 Paine Avenue has given the Commission several opportunities to view this area, which is immediately adjacent. Lang asks to review the approved plan. Members consider the approved plan, which was a survey plan by Hancock Associates and annotated by the applicant as to where boulders will be replaced and clean up conducted. Paluzzi moves to issue the Certificate. Reilly seconds the motion. The motion carries 6 -0. New: 675 R Hale Street, DEP File #5 -855 — Seamans Maxner reminds the Commission that the Order of Conditions, issued in August of 2004, governed extension of water and sewer connections to several of the houses in the vicinity of 675 Hale Street. She explains that the route for the extensions came off of Hale Street and under the railroad tracks, however the Order has since expired and work was undertaken as an alternative route off of Paine Avenue was chosen. She recommends the Commission issue a C of C indicating such. Paluzzi moves to issue the Certificate. Johnson seconds the motion. The motion carries 6 -0. Request for Determination of Applicability Beverly Conservation Commission July 19, 2011 Meeting Minutes Page 2 of 9 Cont: 10 Eleanor Avenue — Joan Gallagher Maxner informs the Commission that the applicant has requested a continuance to the August 9, 2011 meeting as she has not obtained the specifications for the retaining wall, but expects to have them for the next meeting. Paluzzi moves to continue. Johnson seconds the motion. The motion carries 6 -0. New: 7 Hemlock Street — Eric Swanzey Maxner reads legal notice. The applicant, Eric Swanzey, states that he is proposing to install a fence (part stockade and part post & rail) and remove an area of gravel driveway at the rear of his house and restore it to a lawn with loam and seeding. He notes that work will take place within 25' to the bank of an intermittent stream, but will result in an improvement over existing conditions as the driveway will be shrunk and repositioned to the side of the house. Maxner notes that she encouraged Mr. Swanzey to think about incorporating native plantings within the newly loamed area. Reilly asks if any planting plan has been prepared. Swanzey states that his landscape architect has not provided one, but that it is his full intention to plant the area with native shrubs and flowers. Lang asks what will be done with the gravel to be excavated from the 25' NDZ. Swaney states that it will be reused in the new turn - around area of the driveway and loam will probably be brought in for the reseeding of the old area. Maxner recommends that the Commission issue a special condition requiring installation of erosion controls and her inspection thereof. There being no further questions, Paluzzi moves to issue a Negative # 3 Determination with a special condition as recommended. Johnson seconds the motion. The motion carries 6 -0. Recess for Public Hearings Paluzzi moves to recess for public hearings at this time. Johnson seconds the motion. The motion carries 6 -0. Notice of Intent Maxner notes that she does not see the consulting engineer present for the next two applications and suggests that they skip to the Brookwood School hearing. New: 1 Brookwood Road — Brookwood School c/o Richard Chute Maxner reads the legal notice. Beverly Conservation Commission July 19, 2011 Meeting Minutes Page 3 of 9 Nathan Collins, senior project manager with Gale Associates presents for the applicant. Richard Chute of Brookwood School is also present. Collins explains the school's property is approximately 18 acres spanning both Beverly and neighboring Manchester. He notes that the project, an athletic facility upgrade, is entirely within Beverly and goes on to review current conditions which include an existing natural grass playing and practice field that is experiencing degradation and some flooding issues. He reviews the wetland resources, noting that Chubbs Brook flows adjacent to the field with its associated 200 -Foot Riverfront Area, a pond and some Bordering Vegetated Wetland and Buffer Zone. He notes that the wetland consultant from Neve -Morin has reviewed and reconfirmed the wetland line from 2007 and provided such certification in the NOI. He notes that the field is heavily used and is the only field Brookwood has available to it. He notes that flooding and pooling water and over compaction are problems and renders the field unusable during certain times of the year and the school has decided to upgrade it to a synthetic turf field consisting of a main game field and a practice playing field. He notes that the field upgrade will be accompanied by upgrades in ADA accessibility and parking improvements. He notes they are in the Flood Zone to elevation 9, which limits their ability to raise the elevation. He notes there is an existing culvert that drains under field and outlets to Chubbs Brook. The culvert is made of several different pipes and materials, and to improve drainage on the upper area beyond the field a new box culvert is proposed that will utilize the existing outlet at Chubbs Brook. Collins explains the new field consists of free draining turf carpet on top of 9 to 10 inches of clean crushed stone, with 12" wide flat panel drains under the stone positioned 20' on center which act as an emergency overflow and finally discharging to the existing culvert outlet at the brook. He notes the stone has a porosity of 30% and therefore can store the 100 -Year flood event and it will also allow for vertical infiltration thereby eliminating the saturation and pooling in the field. He explains that mitigation is offered for work in the RA and the local 25' No Disturb Zone (NDZ). Currently the pond edge is mowed up to the bank in sections and they are proposing to cease mowing, irrigating and fertilizing and install native plant species within the first 2 to 5 feet of the pond bank resulting in about 2,000 square feet of mitigation. The new field will be pulled back about 9 feet from the edge of the brook and BVW and that swath measuring 9 -foot wide by 600 - foot long will be replanted with native trees, shrubs and herbaceous plantings, equaling roughly 5,400 square feet of mitigation. He notes there are other areas on the campus that are utilized by wildlife and these areas will be improved also. He notes this goes above and beyond the school's current invasive specie management program. Lang asks if the new culvert and under -drain system will increase peak flow to Chubbs Brook. Collins notes that now there is a 24" culvert, but the new culvert will be 4' x 2', but that the water is stored within the crushed stone sub -grade which has a hydraulic conductivity moving water laterally resulting is a lower peak rate as the water will take it almost 4 hours to reach the culvert and the peak storm event will have already passed. Collins notes that these types of projects rely heavily on attenuation to manage peak rate runoff Beverly Conservation Commission July 19, 2011 Meeting Minutes Page 4 of 9 Lang asks if there are any water quality impacts from the artificial turf runoff such as nutrients, metals or exotic organic compounds. Collins notes his firm has done several other fields across Massachusetts and they have tested effluent from these systems and compared results to MA DEP drinking water standards and all tests have come back under the thresholds set by MA DEP. Lang clarifies if they were non - detectable. Collins responds that the results are detected, but under drinking water standard thresholds. Lang asks that they provide documentation and test results. Collins agrees to provide that literature. Reilly asks where the groundwater level is in terms of the proposed excavation, new structures and field level. Collins notes they must maintain the 100 -Year Flood elevation and that the total excavation will equal about 12 inches which involves striping top soil and some subsoil and installing the drain system, the 9 -10 inches of crushed stone and the field surface. He notes that the groundwater elevation is below the 12 inches as described. Merrill questions the reoccurring saturation of the field and if that would indicate a higher groundwater level. Collins states there is high clay content in soil which accounts for the surface pooling and saturation, noting that they can safely achieve a pitch equaling one half percent. Merrill asks as to the location of the mitigation along the brook and how it will be demarcated. Collins notes it will be forward of the existing post and rail fence and a removable netting system about 6 -8 feet high will be installed along the front side of the mitigation to prevent balls and spectators from encroaching. Squibb asks for the total volumes of removal of top soil asks how much new stone will be installed. Collins responds that about 100,000 cubic yards of crushed stone will be brought in. Johnson asks how does this type of project protect or improve wildlife habitat. Collins lists all of the things that will be eliminated in connection with natural turf maintenance: decrease in water use by eliminating irrigation, ceasing mowing, there will be no mowed clippings migrating into the resource, fertilizers and pesticides will no longer be needed. Johnson asks if they can provide documentation as to the wildlife impacts or improvements related to these types of projects. Collins agrees to provide literature. Merril asks of the maintenance regime for the new field. Collins explains that the field surface receives periodic (once every 3 months or so) grooming that removes broken turf particles, sand, stone and other errant debris so that the surface will remain unclogged. He notes that the expected life of the field surface is approximately 10 to 12 years and then only the field surface will need to be replaced, all of the subsurface elements remain. Lang asks if there are any questions or comments from the audience. There are none. Maxner reminds the Commission there is an outstanding Order of Conditions for dredging 8,000 c.y. from the pond and restoring 7,500 s.f of BVW surrounding the pond. She notes that in August of 2006 she conducted a pre - construction meeting with school representatives and contractors, but has not been in contact since on this project, no monitoring reports have been submitted to date. Beverly Conservation Commission July 19, 2011 Meeting Minutes Page 5 of 9 Chute states that Neve -Morin is currently working on getting this closed out and are in contact with the original wetland consultant. Lang recommends a site visit, members agree. A site inspection is schedule for Thursday, August 4, 2011 at 5:30 p.m. Lang reviews the information requested by the Commission, which includes water quality testing results and documentation, wildlife impact documentation and that the school work towards securing a Certificate of Compliance for the pond- dredging project. There being no further questions from the Commission or the public, Johnson moves to continue the hearing to the August 9, 2011 meeting pending a site visit scheduled for August 4, 2011 at 5:30 p.m. Squibb seconds the motion. The motion carries 6 -0. New /Cont: 675 A & B & D Hale Street — Ralph B. Vogel, Ernest L. Godshalk III & Paula Cole Living Trust Maxner reads the legal notice. Bob Griffin is present representing the applicants. He explains the project is to extend public water and sewer to the existing residences at 675 Hale Street A & B & D and the work is to take place within the 100 -Foot Buffer Zone to Inland Bank and BVW, and the 25' NDZ. He explains that some of the trenching will be within the existing paved access driveway and other sections will be off the shoulder within a couple feet of the BVW and the bank of the pond. He notes that the revised NOI also involves installation of electric cable and driveway resurfacing for 675 D and installation of a small 6" culvert pipe under the driveway leading to A & B. He reviews the details for the new elements of the project, noting that the driveway will be gravel at D and the culvert for A & B is to alleviate pooling of water and icing in the winter at this section of the drive. Maxner notes that some of the Commission members conducted a site inspection on Saturday July 16, 2011. Merrill confirms that the existing culvert under the roadway will be removed for utility installation and replaced at the same inlet and outlet elevation. Griffin states that it will. Discussion ensues regarding the dewatering basin. Griffin explains that it will consist of crushed stone check dams with filter fabric base and staked hay bales at its perimeter. Lang asks if there are any questions from the audience. There are none. There being no further questions from the Commission, Paluzzi moves to close the hearing. Johnson seconds the motion. The motion carries 6 -0. New: 17 Bailey Avenue — Louise Pommersheim Beverly Conservation Commission July 19, 2011 Meeting Minutes Page 6 of 9 Maxner reads the legal notice. Lang recuses himself from the meeting and leaves the room. Bob Griffin is present representing the applicants. He explains the applicant is proposing to demolish the existing single - family house and build a new one with associated driveway, utilities and landscaping within the 100 -Foot Buffer Zone to Coastal Bank and the 200 -Foot Riverfront Area to the Danvers River, noting that all work is outside the 25' NDZ. He notes that the 100 -Year Flood Plain, A2 is at elevation 10 and all of the work is outside this zone. He explains that there has been a slight modification to the plan based on conversation with the abutter, which involves eliminating the foundation drain discharge pipe from within the paper street. He explains the anticipated impervious cover, which will decrease by about 55 square feet as the footprint of the house will decrease but a second floor will be added, and the driveway will be increased by about 150 square feet. Roof runoff will be infiltrated with a infiltration trench and stormtech device. He reviews the proposed planting within the Riverfront explaining they will maintain the existing maple tree and install a riparian tree with some plantings along the new retaining wall. He notes that no changes in grade are proposed. Maxner notes that DEP comments on this project are still pending, if there are any. Merrill asks what capacity the infiltration unit will have and what at storm event will it surcharge. Griffin responds approximately 55 cubic feet of capacity for 1.2 inches of runoff Merrill asks if the entire site is lawn currently. Griffin states that a majority of it is. Paluzzi asks if there are any questions from the audience. Steven Lovely, Attorney representing the abutters states that the main concern about this project is relative to the foundation drain, which seems to have been addressed. He notes that the neighbors will reserve the right to comment further on the plan. Members agree that a site visit would be helpful. A site inspection is scheduled for August 4, 2011 at 6:30 p.m. There being no further comments or questions from the Commission, Johnson moves to continue the hearing to the August 9, 2011 meeting pending a site inspection as scheduled. Reilly seconds the motion. The motion carries 5 -0. Lang returns the meeting. OLD/NEW BUSINESS Cont: Correspondence from Camp Mitchman & Neighborhood Group — c/o Joe Boccia Maxer reminds the Commission that the neighbors have flooding and drainage concerns, noting that they believe some of the work involved with installing "Catch Basin 1 and 2" and associated piping Beverly Conservation Commission July 19, 2011 Meeting Minutes Page 7 of 9 as noted on the plan does fall within the 100 -Foot Buffer Zone to wetlands across the street. They are asking that the Commission require the developer to file an RDA so a determination could be made as to whether the work is in the BZ. Some of the Commission members visited the site on Saturday July 16 at 8:30 a.m. Maxner notes that the project engineer, Robert Griffin, and a few neighbors accompanied the Commission at the inspection at which time general site conditions in the vicinity of the project were observed. She notes that current street drainage is directed, in part, to an outlet located across the street southeast of the subdivision roadway. They observed that the discharge point was at a topographically depressed area that had identifiable wetland plants, and the Commission did not determine the exact wetland boundary but it was clear that work within the roadway for the new catch basins and piping and the final discharge from those new structures would indeed fall somewhere within the 100 -Foot Buffer Zone to that wetland. Maxner explains that general drainage issues were discussed and that a comprehensive drainage analysis was completed and peer reviewed during the Planning Board hearing process. Members discuss these findings and agree that the work needs to be permitted by the Commission. Joe Boccia addresses the Commission explaining that he spoke with the previous owner's attorney, Marc Kornitsky, and he learned that the previous owner took the property back from the Hubbards as they defaulted on the mortgage. He provides contact information for Attorney Kornitsky to Maxner. Maxner states that she will make contact with Kornitsky to inform him of this discussion. Paluzzi moves to require an RDA with appropriate plans to be submitted prior to work starting on the catch basins and piping and that a summary of the drainage calculations should be included with the application. Johnson seconds the motion. The motion carries 6 -0. Cont: 101 West Street, DEP File #5 -989 — Michael Hubbard Maxner informs the Commission that Micheal Hubbard has requested permission to remove a tree at the edge of the seawall (i.e. in the 25' NDZ) at 101 West Street. She reports her findings from her site inspection and provides photos of the subject tree. She notes that it is a deciduous tree, specie unknown, and that it is complete dead with bittersweet vine climbing is entirety. Discussion ensues as to replanting if the tree is taken down. Robert Griffin, the project engineer for this site, states that an extensive landscaping plan has been developed as settlement with the neighbor, noting that there is several trees slated to be installed and are in the Buffer Zone. Members review the photos. Johnson moves approved the request subject to the condition that the stump of the tree shall be cut flush to the ground surface and not grubbed out, but left in tact and that the final Landscaping Settlement Plan be forwarded to the Commission for review of the proposed planting schedule within the Buffer Zone as soon as possible. Reilly seconds the motion. The motion carries 6 -0. New: 38 South Terrace — DEP File #5 -1049, Request for Minor Modification — Timothy Lundergan David Smith of Vine Associates, states they are before the Commission with a request for Minor Modification to the Order of Conditions concerning Special Condition # 2, which reads: "If any Beverly Conservation Commission July 19, 2011 Meeting Minutes Page 8 of 9 work from a barge is proposed the applicant must return to the Conservation Commission for review and approval of such work prior to implementation in the field." He explains that in consulting with the contractor, North Shore Marine, work from the landside will prove difficult and impossible at certain junctures. Therefore they are proposing to float in a small barge approximately 16' x 40' in size, to ground out during low tide. This barge will carry the equipment, a rubber tracked excavator to do the work. He notes that the entire barge will be surrounded with a silt curtain the entire time it is there. He explains that some work will be done from the landside and any excavated material will be placed into a truck and hauled away. Maxner asks how much the barge weighs. Kevin Pelletier with North Shore Marine states its about 15,000 to 20,000 pounds but notes that the work area is a very rocky substrate and therefore does not think there will be any permanent impact will happen to the beach. Discussion ensues regarding work methods and equipment. Maxner notes that the plan Smith is presenting still shows the proposed concrete steps and reminds everyone that the Commission denied them and she has communicated this to Dave Slagle at Chapter 91. Smith concurs and notes that the steps are not a part of the plan or Chapter 91 License. There being no further questions, Johnson moves to issue a Modification to modify Special Condition # 2 to allow work on the seawall to occur from a barge floated in and equipment to be used on the beach area for better access to wall, with the condition that the entire work area and barge be enveloped by a silt curtain at all times. Reilly seconds the motion. The motion carries 6 -0. New: 8 Robin Road — Joan & Martin Sullivan — Enforcement Order Completion Maxner informs the Commission that he EO has been carried out and reports here findings from her July 7, 2011 final site inspection to verify compliance with its directives. She notes the area along the right side of the house adjacent to the wetland has been planted with 1 Highbush Blueberry, 2 Sweet Pepperbush, 2 Arrow -wood or Witch Hazel and 4 ferns all species native to New England; the area of grading has a gentle slope to the wetland and is very well vegetated and stabilized with growing grasses and she informed Ms. Sullivan that the hay bales and silt fence could be removed; the wetland resource is free of foreign soil and is well vegetated; Ms. Sullivan informed her that the area between the wetland and the bottom of the deck steps has not received regular mowing. Maxner recommends that the EO be lifted. Reilly moves to lift the EO indicating that the Commission encourages annual or bi- annual mowing to allow this area to naturalize. Paluzzi seconds the motion. The motion carries 6 -0. Pole Swamp Lane/Preston Place, DEP File #5 -971 — Griffin Engineering Robert Griffin is present on behalf of Richard Angelo owner of 109 Preston Place, which is currently under construction of a single - family house. He notes that Mr. Angelo is in the process of installing electrical services, a utility which was permitted under that separate Order of Conditions for the house lot. National Grid has reviewed the Order for the roadway under DEP # 5 -971 and this Order does not mention utility work, therefore Grid will not install the electric poles without permission from the Commission. He explains the locations of the poles, transformer and Beverly Conservation Commission July 19, 2011 Meeting Minutes Page 9 of 9 subsurface line and asks if the Commission will approve a Minor Modification for the poles along the newly constructed roadway. Maxner notes that Grid has decided to upgrade the service thereby requiring new poles. Griffin concurs noting that the service the two existing structures will be removed and incorporated into the new lines. There being no further questions from the Commission, Paluzzi moves to issue a Minor Modification allowing the installation of the poles. Johnson seconds the motion. The motion carries 6 -0. Cont: Possible Amendments to Beverly Wetlands Regulations Maxner suggests tabling this till the next meeting. Approval of Minutes The draft minutes from the April 26 meeting were reviewed. Johson moves to approve the minutes as written. Squibb seconds the motion. The motion carries 5 -0 -1 with Merrill abstaining. Order of Conditions 675 A & B & D Hale Street — Ralph B. Vogel, Ernest L. Godshalk III & Paula Cole Living Trust Discussion ensues as to potential conditions for the project. Paluzzi moves to issue Standard Conditions with the following Special Conditions: 1. The dewatering basin as specified on the approved plan shall be constructed prior to any work commencing and inspected by the Conservation Administrator at the pre - construction meeting. 2. The existing culvert shall be reset at the original invert and outlet elevations as shown on the approved plan. 3. The newly proposed culvert under the driveway leading to 675A & 675 B Hale Street shall not exceed 6 inches in diameter. 4. The erosion control shall consist of silt fencing and must be properly entrenched below grade and inspected by the Conservation Agent prior to work commencing at the pre - construction meeting. Johnson seconds the motion. The motion carries 6 -0. Adiournment There being no further business to come before the Commission this evening, Johnson moves to adjourn the meeting. Reilly seconds the motion. The motion carries 6 -0. The meeting adjourns at 9:00 p.m.