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2011-08-30CITY OF BEVERLY PUBLIC MEETING MINUTES Date: August 30, 2011 Board: Conservation Commission Members Present Chair David Lang, Tony Paluzzi, Dr. Mayo Johnson, Kate Glidden, Mary Reilly Members Absent: Katelyn Merrill, Bill Squibb Others Present: Amy Maxner — Environmental Planner Recorder: Eileen Sacco Lang calls the meeting to order at 7:00 p.m. at the Beverly City Hall, 191 Cabot Street, 3 rd Floor City Council Chambers, Beverly, MA. Certificate of Compliance New: 1 Brookwood Road, DEP File #5 -725 — Brookwood School c/o Richard Chute Maxner explains that the Commission has received a request for a Certificate of Compliance for an outstanding Order of Conditions that has long expired but was never acted upon. She explains that the Order governed dredging of the pond and the restoration of a bordering vegetated wetland. She notes that the school reapplied for the project under a new Notice of Intent and recommends the Commission vote to issue a Certificate of Compliance indicating this Order's expiration and non - validity. Paluzzi moved to issue a Certificate of Compliance. Glidden seconded the motion. The motion carried 5 -0. New: 1 Brookwood Road, DEP File #5 -914 — Brookwood School c/o Richard Chute The Order governed dredging of the pond and associated Bordering Vegetated Wetland restoration. She notes that the Commission had an opportunity to briefly observe pond conditions during its recent site walk to the school for the synthetic turf field and she recently visited the site to do a more focused inspection. Maxner states that the as built plans do not indicate that the project was not constructed as planned. She explains that the flared end section of the two 12 inch pipes with rip -rap discharging into the pond were not constructed. She notes that she looked at this and there are no obvious signs of erosion at the discharge point. She further notes that she did note some sediment deposits at the discharge point. Maxner states that the other item she observed is that the width of the driveway entrance has been increased in size and the new pavement is closer to the intermittent stream on the other side of the pond. Beverly Conservation Commission August 30, 2011 Meeting Minutes Page 2 of 16 Reilly notes that a 20 foot buffer strip was to be installed around the pond but the area is mowed lawn. She states that she would like to see this buffer strip established. Maxner explains that the DeRosa report indicates that shelf plantings were installed as DeRosa supervised the plant installation. Johnson states that he feels that the Certificate of Compliance should not be issued until the work is completed to the satisfaction of the Commission. Lang agrees and states that he would like to see verification of the vegetative shelf and questions why the width of the driveway was changed. He also notes that the as built plan shows open water to the edge of the BVW. Lang states that this should be clarified on the plan. He also questions if the work in the area of B20 -B35 was done. Lang suggests that the Commission continue this matter to the September 13, 2011 meeting, for more information to be submitted regarding the concerns of the Commission. Paluzzi moves to continue this matter to September 13, 2011. Johnson seconds the motion. The motion carries 5 -0. New: 9 Cole Street, DEP File # 5 -963 — Adriano Taugino Jessie Blanchette from Griffin Engineering is present for the applicant. Maxner explains that the Order governed work on an existing single family house and lot including rear porch and deck construction, driveway re- grading and resurfacing, retaining wall construction, patio and walkway installation and landscaping within the 100 -Foot Buffer Zone to Bordering Vegetated Wetland. Blanchette explains that the changes to the plan. One change resulted in a reduction of the impervious surface of the driveway by 300 s.f and a catch basin was omitted as pea stone was installed instead of asphalt. Maxner explains the following special conditions that were part of the Order: ➢ Special Conditions #2, 3 & 8 are obsolete as the catch basin was not installed and the vegetable garden has been eliminated. The proposed driveway was shrunk is size and the surface is pea stone and cobblestone. ➢ Special Condition #4 required plantings — three gold mop cypresses and four high bush blueberry bushes were planted along the edge of the wetland, she notes that plantings were done along the edge of wetland within mowed lawn area. ➢ Special Conditions # 9 & 10 are obsolete as the as built conditions do not allow for any vehicles or construction equipment to be brought down to the rear yard; Beverly Conservation Commission August 30, 2011 Meeting Minutes Page 3 of 16 and the owner is in the midst of selling the house, so his masonry business will go with him. ➢ Special Conditions # 6 & 7 were complied with. She notes that Special Condition # 1 required removal the retaining wall because it is in the 25 foot NDZ. She notes that this was not done. She notes that she visited the site and shows the Commission photos of the area, noting the outstanding issue of the retaining wall and the unauthorized addition of a blue stone patio area with a barbeque grill in the No Disturb Zone, which was not on the original plan. Lang suggests that the Commission could issue the Certificate of Compliance contingent on the removal of the stone retaining wall as required in special condition #1 of the Order of Conditions. Blanchette states that removing the wall is not practical at this point and would be a logistical nightmare and would probably result in greater disturbance. Reilly suggests that the applicant should come up with a mitigation plan to compensate for the retaining wall and unauthorized patio. Blanchette states that they would be willing to do that and suggests a 1 -1 ratio. Paluzzi moves to continue the matter to September 13, 2011. Johnson seconded the motion. The motion carries 5 -0. New: 1 Bathing Beach Lane, DEP File #5 -1020 — Donald & Judith Morse Fred Geisel, professional engineer for the project, is present for the applicant. Maxner explains that the Order governed demolition of existing cottage structure and reconstruct 30' x 30' dwelling and 10'x 30' covered porch, installation of two Stormtech infiltration chambers to receive and infiltrate roof runoff She notes that two large pine trees were removed to accommodate the new dwelling footprint and work took place within 200 Foot Riverfront Area to the Bass River and 100 -Foot Buffer Zone to Coastal Bank and Coastal Beach. Geisel notes that the building was constructed and was about two - tenths of a foot further from the wetland than the approved plan. He explains that the original plan was for a covered porch but they build an open deck instead as that allowed for better views of the river. He also notes that they installed one infiltration device, explaining that this one device, the installation of which he personally supervised, will infiltrate the decreased roof surface. He also notes that there was no erosion after recent heavy rains and everything seems to be working fine. Maxner states that she visited the site and the site is stable, noting that the Morse's came back to the Commission for a modification to build a small retaining wall at the edge of the house and parking area, and this area is complete and stable. There being no further questions or comments regarding this matter. Paluzzi moves to issue a Certificate of Compliance. Glidden seconds the motion. The motion carries 5 -0. Maxner thanks Geisel for attending the meeting. Beverly Conservation Commission August 30, 2011 Meeting Minutes Page 4 of 16 Maxner also notes that there are three large white pine trees that the applicant is requesting to remove from the site. She explains that two of them are next to the newly constructed house and the third is along the northerly property boundary next to the neighbor's house. She provides photos of the trees for their review. Lang states that when the lower branches of White Pines die off the trees tend to get top heavy and topple.Reilly states that it seems reasonable that the trees be removed. Glidden moves to approve the removal of three white pines in the locations specified. Johnson seconds the motion. The motion carries 5 -0. New: 675R Hale Street, DEP File #5 -887 — James Seamans Maxner explains that the Order governed repair of an existing drainpipe with wooden anchor supports, within Coastal Beach and Land Subject to Coastal Storm Flowage. She notes that the engineer provided a statement and some photos of pre and post construction for the Commission to review. Maxner explains that the only deviation from the plan was that wooden anchors were proposed and they were switched with galvanized bands. She notes that she visited the site and everything else seems to be in compliance as the area is completely covered with sand at this point. There being no further questions or comments regarding this matter, Johnson moves to issue a Certificate of Compliance. Paluzzi seconds the motion. The motion carries 5 -0. Request for Determination of Applicability Cont: 10 Eleanor Avenue — Construct retaining wall and install fence — Joan M. Gallagher Maxner reports that the applicant has requested that the matter be continued to the next meeting of the Commission on September 13, 2011. Johnson moves to continue. Paluzzi seconds the motion. The motion carries 5 -0. New: 38 Standley Street — Waring School Maxner reads legal notice. Bill Manuell is present for the applicant. Manuell addresses the Commission and explains that the proposal entails vegetation management along a stretch of Standley Street that abuts the school property in the vicinity of the Headmaster's house. He states that they want to remove vines that have overgrown and obscured the stonewall running parallel with the street, and selectively remove shrubs and invasive vines on a forested Beverly Conservation Commission August 30, 2011 Meeting Minutes Page 5 of 16 knoll in a 300 -500 s.f area. He notes that the work is to take place within the outer 100 feet of the Riverfront Area to the stream that exits out of the Beverly Compost facility. He states that the impact of this work to the site will be less than 1 %. Lang asks if they are proposing a maintenance program. Manuell states that the work should hold up for a couple of years and at that time they may be back for additional maintenance work on the site. Maxner states that she visited the site and measured the edge of the BVW and she is comfortable with the measurements. She also notes that they will be cutting some Norway Maple saplings on the knoll site. Lang opens to 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 issue a Negative # 2 and # 3 Determination. Johnson seconds the motion. The motion carries 5 -0. Recess for Public Hearings Paluzzi moves to recess for public hearings. Reilly seconds the motion. The motion carries 5 -0. Cont: 17 Bailey Avenue — Louise Pommershiem — DEP File #5- 1060 Jesse Blanchette is present for the applicant. Also present is Attorney Steven Lovely for the neighbors. Lang recuses himself from discussion of this matter and leaves the room. Blanchette addresses the Commission and explains that 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. He notes that a site visit was conducted on Thursday August 4 at which time the Commission offered their thoughts on driveway treatment and plantings. He notes that he has submitted revised plans as a result of the suggestions made by the Commission. Blanchette explains that the revisions to the plans are minor and notes that the driveway surface has been changed from bituminous paving to pervious pavers which will reduce the pervious surface on the site by 46 %. Blanchette also reports that they have enlarged the planting area noting that they will transplant some perennials and have added more shrubs to the landscaping plan. He also notes that they are saving a maple tree between their property and Bresnehan and they will be removing a diseased pine tree. He notes that the maple tree will need to be limbed due to the second story interference. Beverly Conservation Commission August 30, 2011 Meeting Minutes Page 6 of 16 Maxner questions how big the gravel is beneath the pervious pavers. Blanchette states that they are proposing 3 /4 inch crushed stone. Paluzzi asks Blanchette to review the planting plan with the Commission. Maxner asks if the roof runoff will be infiltrated on the site. Blanchette states that it will be. Maxner asks if the project requires ZBA approvals. Blanchette states that to his knowledge no approvals are required from the ZBA. Paluzzi opens the hearing up for public comment at this time. Attorney Steven Lovely addresses the Commission and requested a copy of the revised plans to review with the neighbors. He also requests that the Commission recess this portion of the hearing to allow the neighbors to review the plan. Johnson moves to recess the public hearing at this time to allow the neighbors to review the revised plans. Glidden seconds the motion. The motion carries 4 -0. The Commission moved on to the next agenda item at this time. Cont: 1 Brookwood Road — DEP File #5 -1061- Brookwood School c/o Richard Chute Lang returns to the meeting at this time. Nathan Collins senior project manager from Gale Associates is present for the applicant. Collins addresses the Commission and explains the basic intent of the application, noting that a site visit was held on Thursday August 4 th at which time the Commission observed site conditions and reviewed the plan. He also notes that the Commission requested additional information regarding testing information on the leachate and runoff from synthetic fields, which has been provided. He also notes that DEP has provided comments and notes in particular that DEP did not consider the existing managed natural turf field as a degraded Riverfront or redevelopment and stated that 2:1 mitigation is required for work in Riverfront for new development. He notes that Gale has provided a revised landscaping and mitigation plan to address DEP's suggestions. Collins reviews the landscaping and mitigation plan with the Commission. He notes there are three elements to the mitigation plan. The first being landscaping improvements in two areas on the site. The first is around the existing pond which aims to maintain the waters edge and install landscaping and spread a conservation seed mix area at a minimum of 10 feet around the pond, in some places about 30 feet, and in another 10 foot swath they propose to install 100 new native plantings. The second area of landscaping will consist of a minimum of 10 feet from the edged of the new turf field and the bank of the brook with over100 native shrubs and install a netting system to protect the resource area from errant balls and other activities. Beverly Conservation Commission August 30, 2011 Meeting Minutes Page 7 of 16 Collins reports that the second element for mitigation is a proposed conservation restriction of over on a significant portion of the school property of about 157,000 square feet and the third element is that the school will continue to manage and control invasive species with an additional area of 40,000 square feet on campus. He notes that there is just over 109,000 square feet of disturbance from the field in Riverfront and all of the mitigation proposed adds up to about 212,000 square feet between the landscaping, conservation restriction and invasive specie management, just over a 2:1 ratio. Johson asks for a clarification relative to the 157,000 square foot figure. Collins explains that the conservation restriction is just over 157,000 square feet in area of protected land. Lang asks what the square footage for invasive specie management is. Collins explains that it is just over 40,000 square feet. Lang asks if the invasive specie management effort will be carried on in perpetuity. Collins notes that it is a continuing effort on the schools part that has been part of their operations. He notes that the entrance to the school will be cared for as they don't want plants to be running wild and taking over. Reilly asks how much of the land to be placed in the conservation restriction consists of wetland resource area. Collins states that he does not know how much land is wetland off hand, but notes that some of it is resource area. Reilly asks about the area around the area of the pond that was part of the pond dredging which called for a native planted strip and notes that this should be reconciled with the new mitigation under this application. Collins will review that, since they were not involved with that original dredging project and will see if it impacts the mitigation calculations. Lang asks how many of water quality samples reviewed were from similar fields installed in Massachusetts, noting that one was installed in Wayland, but also results from the Microsoft campus in Washington state. Collins states that he thought they were all from MA, noting that Gale conducted the testing for Wayland, and McLoan and Broom based out of CT tested on CT fields. He notes that there was testing in Lancaster, MA too. Lang notes that the results for zinc and copper readings gave him concern. Collins notes that some results for zinc were above the readable level some reading at .0475 mg/L and as much as 1.75 mg/L, noting that the drinking water quality standards published in July 2011 allow for a level of 5 mg/L. Lang states that he is concerned about the EPA national ambient freshwater criteria, noting that the standard is 120 micrograms or .12mg /L. He notes that LSP's use that as criteria for surface water concentrations across MA, and certainly we don't want to exceed of those levels. Lang notes that this is a significant issue and he would like for additional clarification to be submitted about this. He states that he would imagine that manufacturers would take precautions on this, but would like additional information in regard to EPA national ambient water quality standards. Collins states they have received a letter from DEP establishing a Beneficial Use Determination for use of recycled tires and he can provide that too. Johnson states that he read the water quality information, and the runoff that were submitted noting they were only for the first couple of years from installation and, knowing that these fields need to be replaced after 10 or 12 years, he would like to see the results for a period of 6 to 7 years after the Beverly Conservation Commission August 30, 2011 Meeting Minutes Page 8 of 16 fields are installed to get a better understanding of the impacts over a longer period in the life of the field. Collins states that the crumb rubber manufacturers have informed them that the highest concentrations of any of these materials would be at the time of installation when the rubber is dirtiest, so to speak. A lot of the testing required were based on that first year and based on those results they were allowed to eliminate the testing. He notes that Newton High School did water evaluation testing as their conservation permits. Lang asks when Wayland's field was constructed. Collins estimates around 2007. Maxner questions who established the criteria for the testing in Wayland. Collins explains that the Conservation Commission established the testing timings and criteria, and Wayland contracted with Norfolk Ram Group and he was not sure what standards were used. Lang opens the hearing up for public comment at this time. There is no one present who wishes to comment on this matter. Lang states that he would like to see additional information regarding testing and the ambient water quality criteria. He also states that he would like to see data on zinc, copper or metals testing that may have been done in other communities. Collins notes that Gale has worked with Needham, Newton, Wayland, Winchester and Melrose are some of the towns that Gale worked with. Collins asks if there are any other questions that Gale can address. Paluzzi asks to look at the sample that they brought. Collins passes out the materials mix of sand 30% and rubber 70 %Collins notes they specify cryogenic rubber that is a cleaner product and has a different specific gravity to prevent it from floating which is important near wetland resources. Maxner asks the ratio of sand to rubber. Collins notes it is usually 40% sand to 60% rubber, and with a 2' /z inch piling there will be 6 pounds of infill per square foot. Members review the samples. Paluzzi asks how high the netting system will be. Collins notes that it will be 6 feet on the brook side and 10 feet on the pond side. Collins states he will email Maxner a list of agents from the various Commissions they have worked with. Lang asks for the BUD information. Maxner asks for a final list of what supplemental information the Commission is asking for. Lang states any data on testing results for zinc, copper and other metals based on EPA national ambient water quality criteria, contacts of other Commissions that may have their own sampling data, and the DEP BUD letter. Maxner remind Collins to reevaluate the planting strip around the pond per the previous Order of Conditions for pond dredging, and verify the percentage of wetland resource area in the conservation restriction area. There being no further questions or comments regarding this matter, Paluzzi moves to continue the public hearing to September 13, 2011. Reilly seconds the motion. The motion carries 5 -0. Beverly Conservation Commission August 30, 2011 Meeting Minutes Page 9 of 16 Resume Public Hearing: 17 Bailey Avenue — Louise Pommershiem — DEP File #5- 1060 Lang recuses himself from discussion of this matter. Lovely addressed the Commission and reports that the neighbors have reviewed the plans and they have a couple of small requests of the applicant. He explains that they are requesting that the maple tree that is proposed to remain on the property be removed, as the proposed project will block the neighbors view. He also requests that the Order of Conditions require that the maintenance of the pipe be the responsibility of the owner. Reilly suggests that a replacement tree should be planted elsewhere on the site to mitigate for the removal of the tree. Maxner suggests that the location of the new tree should be in a location that is mutually agreeable to both parties. There being no further questions or comments regarding this matter, Reilly moves to close the public hearing. Glidden seconds the motion. The motion carries 4 -0. Lang returns to the meeting at this time. New: Orchard Street, Lawrence Street Brook Cleaning — City of Beverly Maxner reads legal notice. Mike Collins, Commissioner of DPS and Engineering, is present at the meeting for the City of Beverly Collins addresses the Commission and explains that there is a small section of Lawrence Street Brook that runs along Orchard Street where sediment and debris has accumulated in the channel at the mouth of the culvert and is prohibiting flow. He also notes that the stream has experienced neighborhood dumping of various materials over the years. He explains that this mound of sediment will be removed to allow flow under small storm events and normal low flow conditions to be reestablished. He explains that with the Lawrence Street brook drainage improvements, a 3' x 5' relief culvert was installed within Orchard Street at the juncture where the brook daylights at Bisson and Orchard, and the mouth of the culvert contains a two - brick -high weir that only allows flow in the culvert during larger precipitation events. He notes that at the very moment, the accumulated sediment is prohibiting low flow from occurring in the stream and is going into the culvert. He refers to the brook channel profile, noting that it seems dramatic due to the vertical scale but the level of the sediment is not that extreme, it's only 8 /1Oths of a foot. He notes that the course of 300 feet from Bisson Street to the driveway at 17 Orchard Street there will be minor grading of the stream bottom. He notes that there is no delineation of the wetlands because they are literally within the wetland for this work. Noting that they estimate removing about 12 cubic yards of sediment. He notes that before this sediment built up and just after the drainage work, the system was able to handle the Mother's Day storm event of 2006. Beverly Conservation Commission August 30, 2011 Meeting Minutes Page 10 of 16 Lang asks when they propose to do the work. Collins explains that they want to do it as soon as possible. Maxner asks if he aims to achieve the 1 -foot pitch. Collins states they will try to get that same F pitch the best they can. Reilly asks if the work will be done in the dry. Collins states they can diver 100% of the water flow at the culvert intersection with a couple sandbags. Lang opens the hearing up for public comment at this time. Ellen Miller of 5 Orchard Street addresses the Commission and states she is confused about the slight regarding of the stream along Orchard Street and asks how a minor regarding will reestablish flow in the stream. Collins notes that water takes the path of least resistance and therefore by lowering the grade just that much can get the water to flow again, it is not complicated and really a simple fix. Miller asks if this will help with the mosquitoes. Collins notes that the mosquitoes will still be a problem regardless. Resident of 97 Bisson Street addresses the Commission and states that she is an engineer, but had the same concerns of Ms. Miller and it took her some looking at this remedy to finally agree and feels that Collins is on the right track with the proposed work. Collins states that that the City's winter deicing practices have changed for the better, no sand is used for road treatment during the winter months and street sweeping and catch basins cleaning is done more regularly, which should prove to decrease that source of sand and sediment into these systems City wide. John Minigan of 98 Hale Street addresses the Commission and states that he is concerned about the limited amount of work and thinks that the City needs to do much more extensive cleaning of the brook and repair areas of his stone wall along the brook. He also notes that the stonewall is caving in and the bottom is littered with stones. Collins notes that the neighbors in the area have been very cooperative throughout this process especially considering that none of the stream channel or its banks are on City owned property and permission to work on private property was necessary. He notes that the main goal of this project is to restore the low flows and they will only be doing as much as it takes to achieve that goal. The City does not intend to repair private retaining walls. Lang asks what type of equipment will be used. Collins expects that all is needed will be a small 4- foot wide rubber tracked excavator shall be used within the stream channel and does not expect any impact to the side slopes or banks of the stream. Reilly notes that any impacts to the slopes or banks should be returned to their original condition. There being no further questions or comments regarding this matter, Paluzzi moves to close the public hearing. Glidden seconds the motion. The motion carries 5 -0. New: L.P. Henderson Road /Sam Fonzo Drive, Parcel A — Cicoria Tree & Crane Service, Inc. Beverly Conservation Commission August 30, 2011 Meeting Minutes Page 11 of 16 Maxner reads legal notice. John Morin from Neve Morin Group is present and Mark Cicoria, the applicant, is also present. Morin addresses the Commission and explains that the proposal involves the construction of a contractor's building, attached office, paved parking and gravel access road, stockpile area and installation of stormwater management facilities to support Cicoria Tree service business. He notes that the work is to take place within the 100 -Foot Buffer Zone to a BVW. He explains that the lot was created from a larger lot owned by the City of Beverly and explains the location. He reviews the plans and notes that the subject parcel is 2.3 acres. He explains that a majority of the site is wooded with an intermittent stream and associated bordering vegetated wetland along L.P. Henderson Road and the wetland edge coincides with the tow of slope. He also explains that there is an existing gravel driveway to access utilities and they are proposing access into the site over that drive by an easement agreement with the City. He notes that they are proposing a pervious surface for the parking area in a portion of the buffer zone. He also explains that they have filed for Site Plan and Special Permit with the Planning Board for their September 13 meeting. Morin explains that they will be stockpiling logs and wood chips and similar materials, but there will be no chipping on the site and not cutting of trees. He notes that the stockpile areas will be contained with shea block retaining wall and will be about 6 feet high and periodically emptied. He explains that the snow storage areas for the site are outside of the buffer zone and notes the locations on the plans. He goes on to explain the proposed stormwater management system noting that the main component for water quality treatment is the grass swale that discharges to a terminal infiltration basin and outlet structure. He explains the route that the stormwater will take through the system. Moring states that the plan has been modified slightly to include a proposed utility pole for overhead utilities. He also notes that underground utilities will be installed on a portion of the site. Lang asks if there will be a compost area on the site and whether woodchips will be properly contained to prevent runoff from the chips from entering the wetland system. Morin states that there will be no composting on the site and the chips and logs will be stored in a contained area outside the buffer zone, noting that storage of such materials will have a very discrete place on site. Maxner reports that Mr. Cicoria started removing trees on the site a couple of weeks ago and the job was shut down by the City Solicitor. Paluzzi asks if the snow storage area is to be used for snow removed from other locations. Morin states that the snow storage areas are for snow plowed on site, not imported from other sites. Lang suggests that the Commission visit the site. Members agree. The Commission scheduled a site visit for Monday, September 12, 2011 at 5:30 p.m. Beverly Conservation Commission August 30, 2011 Meeting Minutes Page 12 of 16 Lang opens the hearing up for public comment at this time. There is no one present who wishes to comment on the matter. There being no further questions or comments regarding this matter, Paluzzi moves to continue the public hearing to September 13, 2011, pending a site visit on September 12, 2011. Reilly seconds the motion. The motion carries 5 -0. New: 43 L.P. Henderson Road — City of Beverly Emergency Management Agency Maxner reads legal notice. Bill Manuell of Wetlands & Land Mangement is present for the applicant. Manuell addresses the Commission and explains that the proposal involves constructing a new steel frame building on a concrete slab on grade, utility and sewer connections within 100' BZ to an intermittent stream and fringe BVW. Manuell states that they propose to comply with all requirements for the No Disturb Zone except for a small portion that is in the utility trench zone, which is currently a grassy area. This route was chosen because of the existing conduit that can be reused instead of laying new piping. He explains that the building will be constructed in the Northeast corner of the site. He notes that the wetlands have been flagged and they plan to use standard construction techniques. He also notes that they will install a filter sock between the edge of the limit of work and the wetland and intermittent stream. Manuell states that there is a series of catch basins existing on the site and briefly explains the drainage. He notes that stormwater runoff from the new roof of the building will be captured by a perimeter drain of crushed stone to ensure infiltration of roof runoff Paluzzi questions if they are proposing any mitigation for the work proposed in the NDZ. Manuell states that there is none shown on the plan, noting that it is a very small area and they will seed the area to return it to its original condition. Reilly notes that she would like to see it reseeded with a native wildflower mix. Maxner questions how they will manage the excavated materials on the site. Manuell states that they plan to backfill and remove the excess from the site. Lang opens the hearing up for public comment at this time. There is no one present who wishes to comment on the matter. There being no further questions or comments regarding this matter, Paluzzi moves to close the public hearing. Johnson seconds the motion. The motion carries 5 -0. New: 677 Hale Street — Peter & Joan Johnson Beverly Conservation Commission August 30, 2011 Meeting Minutes Page 13 of 16 Maxner reads legal notice. Bill Manuell of Wetlands & Land Management, Peter and Joan Johnson are present. Manuell addresses the Commission and explains that the Johnson's have been experiencing prolonged flooding in the back yard and sink holes that are associated with an old drainage system that is beginning to deteriorate. He explains that the proposed work involves excavating the old underground channel and possible remnant piping and replacing it with a new infiltration channel including a Draintech catch basin. He also explains that they will be filling and repairing sinkholes on the site and notes that the work will take place within 100' BZ to intermittent stream channel. He explains the nature of the resources on site. Manuell states that the extent of work will be approximately 65 feet long and 10 feet wide, which should be sufficient to lay the trench and associated piping. He notes that he does not know at this time how far down it will go. Discussion ensues about the proposed work. Maxner suggests that the engineer should be on site during construction. 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. Glidden seconds the motion. The motion carries 5 -0. Abbreviated Notice of Resource Area Delineation Cont: 64 & 66 Paine Avenue — John Godfrey Peter Ogren of Hayes Engineering is present for the applicant. Ogren addresses the Commission and explains that the applicant is asking the Commission to review and affirm the delineation of what they believe to be an Isolated Vegetated Wetland only regulated under the Beverly Wetlands Protection Ordinance. Ogren notes that this area is an isolated depression and most members of the Commission have visited the site. He explains the wetland line that they arrived at. Lang states that he is satisfied that the wetland line as it is indicated on the plan and the Commission's in -field investigation of the flags. Members agree. Lang opens the hearing up for public comment at this time. Brit Hutchins explains that prior owner recently upgraded his septic system and there has been some regarding of that area on the wetland side of the system as well as a new barrier retaining wall, but out of the buffer zone, noting that any sort of intermittent stream may have been stopped by the wall and grading. He asks if this regarding and wall could impact the way water drains and asks for clarification as to the whether that could have interrupted the natural flow. Lang states that it is possible as things change over Beverly Conservation Commission August 30, 2011 Meeting Minutes Page 14 of 16 time. Ogren notes that this area consists of grassy lawn and does not have significant characteristics of a wetland or a stream channel. Lang notes that there may have been a larger basin at one time, but at this point in time it's sheet flow that moves in a downhill direction. There being no further questions or comments regarding this matter, Johnson moves to close the public hearing. Paluzzi seconds the motion. The motion carries 5 -0. Orders of Conditions Orchard Street Stream — City of Beverly Discussion ensues as to possible conditions for the project. Paluzzi moves to issue Standard Conditions and the following Special Conditions as discussed: 1. Impacts to the bank and side slopes of the stream shall be avoided and kept to a minimum to the greatest extent possible. Any disturbance to the banks and side slopes shall be repaired and reseeded with a native wildflower mix — see attached specification sheets for acceptable seed mixes to be used. If the season is not conducive to seed growth, these areas shall be protected with hay mulch or erosion control matting. 2. As described at the public hearing, only a small 4 -foot wide rubber tracked excavator shall be used within the stream channel. 3. To the greatest extent possible only one entrance and exit point to and from the stream shall be established. If additional access /exit points need to be used, the Conservation Administrator shall review such areas in the field for approval. 4. An erosion control check dam, consisting of staked hay bales, shall be installed at the down stream end of the excavation work. 5. The bank and side slopes shall not be mowed or cut as part of this project. Johnson seconds the motion. The motion carries 5 -0. 43 LP Henderson Road — City of Beverly Emergency Management Agency Discussion ensues as to possible conditions for the project. Glidden moves to issue Standard Conditions and the following Special Conditions as discussed: 1. Any disturbance to the slope leading to the stream bank shall be restored with a native wildflower seed mix (see specification sheet attached for acceptable mix). Johnson seconds the motion. The motion carries 5 -0. 677 Hale Street — Peter & Joan Johnson Discussion ensues as to possible conditions for the project. Paluzzi moves to issue Standard Conditions and the following Special Conditions as discussed: Beverly Conservation Commission August 30, 2011 Meeting Minutes Page 15 of 16 1. The Conservation Administrator shall be notified at least 48 hours prior to start of excavation. 2. If any unusual or unexpected conditions are discovered the applicant shall notify the Conservation Administrator so that a determination can be made as to whether additional information is required for Commission review. Reilly seconds the motion. The motion carried 5 -0. 17 Bailey Avenue — Louise Pommershiem — DEP File #5- 1060 Lang recused himself from discussion on this Order of Conditions. Discussion ensues as to possible conditions for the project. Johnson moves to issue Standard Conditions and the following Special Conditions as discussed: 1. As agreed to by the applicant during the August 30, 2011 hearing, as replacement for the removal of the 26" maple tree and 30" pine tree, two (2) native maple trees at least 2 -inch in caliper shall be planted on site in a location agreeable to both the applicant and abutters. 2. The existing grove of Solomon Seal located along the easterly side of the house shall be preserved to the greatest extent possible and shall be replanted within the proposed riparian planting area or elsewhere on site that ensures its survival. 3. The foundation drain shall be constructed of ductile iron pipe where there is anticipated vehicle traffic within the Elizabeth Avenue right of way. 4. Maintenance and repair of the foundation drain shall be the applicant's /property owner's responsibility. This condition shall survive in perpetuity beyond the issuance of a Certificate of Compliance. 5. The proposed mitigation plantings, trees, and pervious paver driveway are not an option but a requirement per 310 CMR 10.58 and must be completed as part of approval of this project. 6. The driveway shall remain constructed of pervious materials. This condition shall survive in perpetuity beyond the issuance of a Certificate of Compliance. Glidden seconds the motion. The motion carried 4 -0. OLD/NEW BUSINESS Lang returns to the meeting at this time. Request of Endicott College to Remove Tree Maxner explains that Dennis Monaco of Endicott College has requested approval to remove a Birch Tree from the pond island. She explains that Dodge Tree Service has inspected the tree and provided a report that found 1/3 of the crown is dead, noting that it is diseased. She notes that they are proposing replacement of the tree and reads an email from Joe Orzel of Gulf of Maine as to possible replacements. Discussion ensues regarding the type of tree to be replanted. Beverly Conservation Commission August 30, 2011 Meeting Minutes Page 16 of 16 Paluzzi moves to approve the request of Endicott College to remove a Birch Tree from the pond island and that it be replaced with a white cedar tree in the largest caliper available, with eastern hemlock not being preferred considering the whooly adelgid problem. Johnson seconded the motion. The motion carries 5 -0. Request of the Beverly Planning Board for Comments on the Site Plan Review for Cicoria Tree Service Maxner states she will inform the Planning Board that the Commission has opened the public hearing for the Notice of Intent filed with the Commission. Members discuss the permits required with the Planning Department. Maxner states the project needs a site plan approval and special permit for the watershed overlay district (WPOD). Members discuss fuel storage, equipment and fleet refueling operations as well as chemical storage that will be conducted on site as part of the business. Reilly notes that snow storage on site should be a consideration as well. Members agree to authorize Maxner to write a comment letter to the Planning Board regarding these concerns as they are regulated under the WPOD. Approval of Minutes No quorum of members was present to approve minutes this evening. Adiournment There being no further business to come before the Commission this evening, Reilly moves to adjourn the meeting. Glidden seconds the motion. The motion carries 5 -0. The meeting adjourns at 10:00 p.m.