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2012-03-13CITY OF BEVERLY PUBLIC MEETING MINUTES BOARD: Conservation Commission SUBCOMMITTEE: DATE: March 13, 2012 BOARD MEMBERS PRESENT: Tony Paluzzi, Vice Chairman, Robert Buchsbaum, Anne Grant, Kate Glidden, and Bill Squibb BOARD MEMBERS ABSENT: David Lang, Chairman, and Chris Bertoni STAFF MEMBERS PRESENT: Amy Maxner, Environmental Planner OTHERS PRESENT: Eagle Scout Matt Akerman and his mother RECORDER: Jane Dooley Paluzzi calls the meeting to order at 7:00 p.m. at the Beverly City Hall, 3 rd Floor Council Chambers, 191 Cabot Street, Beverly. Certificate of Compliance Cont: 400 Hale Street, DEP File #5 -463 — construct baseball & soccer field — Endicott College Maxner notes that the Commission does not have a quorum to consider project so this item needs to be continued. Maxner states that applicant has asked if the Commission would consider scheduling a special meeting to discuss the Certificate of Compliance and NOI on a date when Chairman Lang could attend. The Commission's next regularly scheduled meeting is April 3. Members agree to take this up later in the meeting. Recess for Public Hearings Squibb moves to recess for public hearings. Seconded by Glidden. Motion carries 5 -0. Notices of Intent Cont: 400 Hale Street, DEP File #5 -1070 — athletic field improvements, install synthetic turf field — Endicott College c/o Richard Wylie, President Maxner notes that the Commission does not have a legal quorum of eligible members to act on this application and therefore this must be continued, but the applicant has asked if the Commission would consider scheduling a special meeting to hold the hearing on a date when Chairman Lang could attend. The Commission's next regularly scheduled meeting is April 3. Members agree to take this up later in the meeting. Conservation Commission March 13, 2012 Meeting Minutes Page 2 of 9 Cont: Bass River — City of Beverly — maintenance dredging of navigation channel — City of Beverly Ron Bourne of Bourne Engineering is present for the applicant, the City of Beverly. He notes that items asked for by the Commission at the last meeting were provided. Also, that the draft Order of Conditions was reviewed and there are no objections. Bourne summarizes the proposed dredging project in the Bass River north of Bridge Street that originally encompassed the entire river but due to contamination issues south of Bridge Street permission is being sought to go forward on the northern end. He notes that the state has granted a waiver from a final ENF for this phase of the project. Bourne notes that the estimated volume is about 53,800 cubic yards to be dredged explaining that there will be side slopes noting the areas on the plan. He states that within the area to be dredged there are shellfish to be mitigated for, as the DMF letter prescribes an area of 95,000 square feet of shellfish bed that will be implemented in an active shellfish harvesting area in the Pines River in Saugus. He explains the best management practices at the Department of Public Services yard that the City is committed to doing. Maxner explains this is related to best management practices related to stormwater treatment and management of materials on the site as recommended in the DMF and EOEEA Secretary's letters. Bourne mentions that this involves Chapter 91 dredge permit, permitting with the Army Corps of Engineers and a 401 Water Quality permit with DER He notes that the 401 Water Quality will require control of the sediment from the dredging operation including silt booms and constant water quality monitoring to ensure sediment outside of the work area doesn't get above basic background levels. He explains that disposal at the Mass. Bay disposal site has been approved and dredged material will be disposed of offshore in that location. In response to Buchsbaum's question regarding the sediment testing results, Bourne explains that material has been chemically and biologically tested relative to mortality rates of target species. This is to ensure the material fits into what is already at the disposal site. He notes that another firm conducted the testing analysis, which he was not involved with, but that the Army Corps has reviewed all data and has determined that open water disposal is allowable. Maxner asks if a schematic relative to erosion control on or around the barge to be deployed can be provided. Bourne states he will get a diagram for her, and explains that the dredge material will be dewatered into a distilling basin and discharged within the work area. In response to Maxner, Bourne states that 6' of draft will be dredged at 1,000 yards a day at optimum conditions which would take about 3 to 4 months. The project cannot be conducted between February 15 and June 30 so as to protect winter flounder and probably not until after Labor Day so as not to interfere with summer boat traffic. There being no further questions or comments regarding this matter, Buchsbaum moves to close the hearing. Seconded by Grant. The motion carries 5 -0. Conservation Commission March 13, 2012 Meeting Minutes Page 3 of 9 New: 675C Hale Street — install gas line — Joseph Alsop Grant recused herself from this matter and left the room. Maxner read the legal notice. John Morin of Neve -Morin Group, representing the applicant Joseph Alsop for a Notice of Intent for his 675C Hale Street property describes the project to install gas service to the existing residential dwelling where there is no service now. He explains the Commission issued an Order of Conditions last year for a tennis court at the property in the 200 -Foot Riverfront. Wetland resource areas traverse the property that has access from Hale Street via a common driveway. There is an existing old woods road right of way that provides access to Haven Way at the rear of the property. He explains that since Riverfront and wetland resources exist, all alternatives and options for getting the gas service to the existing dwelling were evaluated. Crossing Hale Street would involve going under the MBTA commuter rail and transportation authority requires that all other viable options be exhausted first as they will not give permission for work if there are other alternatives. He explains that gas service can be brought in from Haven Way through 15 -foot right of way where there is a gravel driveway and old wood road, which crosses the wetlands up to the dwelling. The proposed project would bring gas service along this route and the area is already cleared, there is no proposal to alter or fill wetlands or riverfront area since grade would remain the same after installation. The excavation would consist of an 18 -inch wide trench, 30- inches deep to be done with a mini - excavator and can traverse wood road without any new clearing required. Site will be restored to the state it is in now including the existing groundcover. Morin mentions that riverfront calculations were done relative to Commission being allowed to authorize alteration up to 5,000- square feet or 10% of riverfront. The riverfront on the property is 5.9 acres. Proposed alteration for the gas service is 1,030 square feet and cumulative effect with tennis court work already permitted by the Commission is 1.4% of riverfront area on lot. He notes that there is no culvert across the wood road according to his surveyors although there are stone retaining walls and water does pond and probably seeps between the voids in the rip rap base. Morin describes how already cleared area would allow installation of filter sock on downhill sides. He mentions that areas where there is steep terrain, after construction the area would be immediately loamed, seeded and hayed to stabilize and prevent erosion in a heavy rain. The only runoff found on the property from existing topography rather than the driveway channels down wood road. In response to Paluzzi, Morin responds that an existing stream crossing will be used and no wetlands will be filled. He and Maxner agree that there is no visible culvert. Morin notes that the trench would be backfilled after construction with 6 inches of sand below and above the gas service. Any leftover soil from backfilling would be removed from the site. Standard caution tape is installed 12 inches down so it would be encountered if anyone digs in the area before reaching gas service. Conservation Commission March 13, 2012 Meeting Minutes Page 4 of 9 Maxner asks if gas line installation would encounter groundwater. Morin responds that it is highly unlikely since the woods road crossing is 5 to 6 feet above the level of the wetland. Morin notes that there are ledge outcroppings on uphill side and around property but based on vegetation and constructed access road it is likely the base is not on ledge. If solid ledge is found, then blasting may have to be used where a blast survey and communication with Fire Department would be required. Morin estimates project could take one month to complete. In response to Buchsbaum and Squibb, Morin explains that NOI did not mention utility since this is a residential installation of gas service and he estimates it would be a 1 inch continuous line. There being no further questions or comments regarding this matter, Glidden moves to close the hearing. Seconded by Squibb. The motion carries 4 -0. Grant returns to the meeting. Abbreviated Notice of Resource Area Delineation New: 50 Dunham Road (a.k.a. 44 Dunham Road) — review and affirm character and delineation of wetland resource areas on site — Cummings Properties, LLC c/o Stephen Drohosky Maxner read legal notice. John Dick, Hancock Associates, representing the applicant, Clark LLP and also present is Stephen Drohosky with the Cummings Center. Dick describes application for wetland delineation on the site where easterly segment of property is undeveloped land on other side of watercourse that abuts open space and Beverly Music Theatre land. The area to the east of the C series, from C1 to C9 is wet and inaccessible so it was not delineated. He explains that four wetland systems totally about 4,000 linear feet are on the site including the A Series which is a shrub swamp down hill behind existing building and parking area that drains to Norwood Pond. Majority of that area flagged is tow of slope where parking lot was graded 50 years ago. Also there is B- Series narrow, and is interrupted by the bank of Norwood Pond, and this stretch of the pond bank contains a makeshift bridge to an island. Between the B and C- Series wetlands there is a formal bridge to trail system leading to the island relative to trail system traversing site crossing over to Music Theatre site and continues to Dunham Road. Dick mentions existence of easement here and that Dunham Road does run across frontage of Cummings property. Dick notes there is no usable land where site abuts road but wetland delineation loops back onto property. He explains D- series wetland with a swale, since site was formerly a rock and gravel pit that has reverted and re- grown. It surrounds a ledge burrow area and contains a certified vernal pool. There is another certified vernal pool to the north on City property, but that has to be located. Dick notes there is no development or planning pressure within proximity of Norwood Pond and plans would likely be away from vernal pools. The D system delineates the wetland surrounding the Conservation Commission March 13, 2012 Meeting Minutes Page 5 of 9 vernal pool. Dick mentions that it would take one and a half hours to walk the site to view wetland delineation. In response to Maxner, Dick states that the A- series at wetland flag Al extends over the property boundary perpendicular to the boundary and the buffer zone would not be affected. He adds that 1 or 2 flags could be added to show its general direction if necessary. There is a footbridge, over a stream that comes perpendicular to property line, and trail off the property line. In addition, Maxner notes if the Commission agrees on the wetland delineation, she would like final plan to delineate 100 -foot buffer and 25 foot no disturb zone, noting also that there is no topographic information on the plan. Dick explains the topography was defined in 1970s plan when building was built. Dick's notes his narrative defines the pond located just south of the building as less than 5,000 square feet and applies to local bylaw jurisdiction only. He notes that this could be observed during site walk. In response to Paluzzi and Buchsbaum, Dick states that there are drains on the roof and parking area and he surmises the pond could have been used for retention of stormwater. He adds that there is a weir near edge of pond designed to overflow periodically. In response to Maxner about property boundaries to the north near C1 where flags stop, Dick notes that there are wetlands off of the site and the property lines follow the edge of the pond, there is no fee ownership in the island with bridges to nowhere. Also, that west of the large parking area there is high uplands, he walked it but did not find any wetlands. There being no more questions from the Commission, Paluzzi asks audience if there are any questions. Peter Johnson, 377 Hale Street, asks if GIS system could generate topographical view. Dick agrees to do that and attach it to the filing. In response to Joanne Hall, 8 Presidential Circle, Dick states that it has not been determined what would go on the lot and that this filing is strictly a determination of where wetlands are located. Paluzzi mentions that Commission will walk the site before its next meeting and continue the hearing until April 3, then the Commission will make a determination and if the property owner wants to develop the site in the Commission's jurisdiction, another filing would be done with the Commission describing a proposed project. In response to Allison Collins, 38 Dunham Road, Dick says there is an abundance of wildlife including turkeys, ducks and wood frogs on the site. Maxner responds to Ms. Sheldon, 38 Dunham Road, that there are field indicators, soils and vegetation to determine wetlands and vernal pools. The resident says a red fox with cubs is no longer at the site. Representative from the North Shore Music Theatre asks the Commission members who will walk the site to note area of concern on right hand side of the entrance to the music theatre where an area of woods was left after the trees were cut. To check the area because he thought tags were there before. Maxner confirms that this is south of the C- series wetlands, C36. Dick agrees to look at it and install flags if necessary. Conservation Commission March 13, 2012 Meeting Minutes Page 6 of 9 Christine Gregroria, 38 Dunham Road, asks what Cummings will do to accommodate residents with the view on the 38 Dunham Road property since the abutters were not notified when all of the forest and trees were cut down in front of their building so they now look at Route 128. Maxner explains that when Cummings decides what it wants to do with that part of the property if there is buffer zone jurisdiction the Commission can help address the view issue; along with site plan review with the Planning Board. She notes that the trees taken down were not in the buffer zone and that the Commission has narrow jurisdiction. Residents express dismay about wildlife including deer no longer being seen in area. In response to resident of 38 Dunham Road, Maxner states that the Commission's jurisdiction is 100 feet of a resource, wetlands area (i.e., Norwood Pond). She explains that she met a few times on the Cummings site with the property manager providing extremely conservative guidance and she is comfortable that work was done outside of the buffer zone. She agrees that approach taken with the work was not the most neighborly but it was not her place to dictate what they could do other than ensuring it was done outside of the buffer zone. In response to Diane Masco, 36 Dunham Road, Maxner explains that when Cummings moves forward to develop property, they will undergo site plan review with the Planning Board where resident issues can be addressed relative to buffering. Steve Wilson, 36 Dunham Road, asks if there was any delineation relative to the clear cut. Maxner reiterates her meetings with property manager and conservative guidelines about work not going into wetlands. Dick addresses clear cutting and wetland marked by C series and intermittent stream. He notes that buffer zone barely comes across Dunham Road driveway. In respond to residents, Dick says there is a lot of undeveloped property in the area and he has seen no mapping or potential vernal pools that would impact the site, with the City of Beverly owning the whole backside of the property. In response to Barbara Burke, 36 Dunham Road, Dick says abutters to the condominium property are the Salem Evening News in front and north, east and south, is Cummings. Maxner reiterates that the Commission is presently identifying where the wetlands are and any development that falls within its jurisdiction would be addressed. Scott Houseman, City Councillor Ward 4, recommended residents visit the City's website engineering page for maps of the City and for more information. Glidden moves to continue until Commission's meeting on April 3. Seconded by Squibb. The motion carries 5 -0. Commission's site inspection is scheduled for Wednesday, March 23, 2012 at 5:00 p.m. Old/New Business New: Trail Blazing off Standley Street on Conservation Land — Ea2le Scout Proiect Presentation — Matt Akerman, Eagle Scout Candidate Conservation Commission March 13, 2012 Meeting Minutes Page 7 of 9 Matt Akerman introduces himself and provides photographs to Commission and describes his Eagle Scout project that he is working on with Open Space & Recreation Committee (OSRC), specifically Dave Brewster and Charlie Mann, developing plan to blaze and clean up existing bike trail in Beverly Commons to include pedestrian use. He is proposing improving the trail by rerouting it around soft spots and wetland as well as construct a replica bridge of an existing bridge to go over a running stream. Akerman notes that he would define the entrance of the trail near the end of the Waring School soccer field and Sweeney's greenhouse. He plans to clear away dead grass and thorn bushes. He mentions possibility of kiosk to denote entrance but acknowledges that this could be expensive. In response to Squibb, Maxner states that the right of way looks as though it is Sweeney's road but trail will lead past Waring School soccer field to the wooded trail on the Commission land. Work to be done by the Boy Scouts is to define and clean up trail. Mrs. Akerman notes that there is space for three cars to park. Maxner mentions that Mann is going to speak to Mr. Sweeney about some of his equipment in the Standley Street right of way when Scouts are out at trail. Akerman notes the flat profile stream where the new bridge is proposed and that his grandfather will help him construct the bridge so debris will flow under it. Akerman mentions that his troop has not had a trail blazing project in many years. Discussion ensues about design for kiosk and that OSRC has a kiosk but it could be large for the proposed use. Akerman notes that a member of his troop has offered waterproof lumber that could be used to construct a kiosk. Glidden thanks Akerman for his efforts and is pleased with his proposal. She moves to approve project on the property. Seconded by Squibb. The motion carries 5 -0. Joan Johnson from Beverly Conservation Land Trust expresses support for Akerman's project and asks if there are other Scouts interested in blazing trails on that organization's property. Akerman states he can find troops that are interested in doing that. Expenditure Approval Squibb moves to approve reimbursement of the Commission's newest member, Chris Bertoni's registration fee of $110 for her attendance at the March 3, 2012 MACC Conference. Seconded by Buchsbaum. The motion carries 5 -0. Other ... Discussion or Action Items Related to Commission Business Tall Tree Drive Easement Maxner explains that easement on Tall Tree Drive for access to Conservation Commission land has been recorded. She describes grant that was awarded to formalize the trail and blaze it to connect to existing trails and that there are two stream crossings. She mentions discussion on this matter by the Open Space & Recreation Committee and if there is a need for RDA application to the Commission from OSRC. Conservation Commission March 13, 2012 Meeting Minutes Page 8 of 9 Maxner notes that there is going to be 700 feet of new trail cut to existing trail, and she has visited the site much of it is high and dry, there is brush with small white pines that meander around the larger vegetation, and there is a wetland system at the front near Tall Tree Drive which will need a bridge. OSRC will develop an instruction plan and supervise the workday that describes what will be done along wetland and how trail will be blazed. Commission agrees that no RDA would be required so long as a formal presentation to the Commission is given and specification on the proposal and stream crossing is provided. Paluzzi suggests OSRC can go ahead and provide Commission a design on what it plans to do. Mosquito Control — Proposed Work off of Kennedy Drive Maxner updates Commission about meeting she, Paluzzi and Buchsbaum had with Mosquito Control this morning at Kennedy Drive to discuss drainage issue and proposed Phragmites mowing. Discussion ensues about maintenance of area to get grade information to understand what could be done to increase water flow between culverts, and that Phragmites would grow back after mowing and that hand pulling would be used. Buchsbaum mentions that Mosquito Control is exempt from filing an application with the Con Com for many wetland projects. However, if there were any alterations to work planned for the area, they would come back before Commission. Maxner agrees and states Mosquito Control will report what is found and if there are any further alterations proposed. Pole Swamp Lane Parcel Transfer Maxner explains to Commission about its previous choice of Pole Swamp Lane parcels and that OSRC and B. Munroe had suggested that Commission consider asking the City to transfer all of the parcels. Discussion ensues as to the remaining parcels. Members agree that these parcels are not prime for development and most lack frontage on any right of way. Squibb moves for the Commission to request that all of the City -owned parcels on Pole Swamp Lane be transferred to Commission jurisdiction. Seconded by Glidden. The motion carries 5 -0. Order of Conditions Bass River, DEP File #5 -1075 Discussion ensues as to possible conditions for the project. Grant moves to issue Standard Conditions and the following Special Conditions as discussed: 1. Prior to work commencing, a schematic for dewatering and diagram for proposed silt boom shall be submitted to the Conservation Agent. 2. Recommendations contained in the February 28, 2012 comment letter from Division of Marine Fisheries are incorporated herein and made part of the Order of Conditions. These recommended conditions include: Conservation Commission March 13, 2012 Meeting Minutes Page 9 of 9 a. All dredge footprints shall be marked in the field using GPS coordinates and buoys placed at the surface as a guide for the contractor during dredge activities; b. A time of year restriction prohibiting work between February 15 and June 30 of any year shall be enforced to protect winter flounder spawning and juvenile development; c. To mitigate the loss of Land Containing Shellfish (which includes both Phase I and Phase II impacts), an area of 95,000 square feet of shellfish re- seeding shall be implemented with guidance from and coordination with the Division of Marine Fisheries. d. Stormwater quality /treatment improvements are recommended, and are in part addressed in Special Condition # 2 below: 3. Prior to the issuance of a Certificate of Compliance, the following stormwater Best Management Practices, as part of planned management activities intended by the City Department of Public Services, shall be implemented at the City DPW Garage /Yard located at 148 Park Street: a. The materials stockpile bays (which store discarded asphalt, catch basin and street sweeping spoils and other materials) shall be equipped with a roof system to shelter the materials from direct contact with rain and snow, therefore decreasing the amount of runoff coming from the bays; b. The catch basin immediately downstream from these bays, which connects to drainage that discharges to the Bass River, will be upgraded with a stormwater treatment device (Vortechnix Unit, Stormceptor or equivalent) to achieve improved TSS removal and water quality treatment; c. During the appropriate seasons, a street sweeper is reported to be operational on a daily basis at some location in the City, and it is proposed to have the sweeper sweep the DPW yard daily after coming back from its route — this schedule may be modified to not les than once per week. 4. Prior to commencing dredging activities, a copy of any and all protocol and /or monitoring plans (as required by DEP, ACOE and that resulting from any required habitat restoration program) shall be submitted to the Commission for review and record. 5. Wherever possible, during dredging activities, surface debris (i.e. bikes, shopping carts etc...) shall be removed manually and disposed of properly. Should such debris fall outside of the dredging footprint, an effort shall be made to reach the material small boat or dinghy and taken out by hand with minimal disturbance to the substrate. Seconded by Squibb. The motion carries 5 -0. 400 Hale Street, Endicott Colllme Proposed Synthetic Turf Field, DEP File #5 -463 & Certificate of Compliance, DEP File # 5 -463 Glidden moves to schedule special Conservation Commission meeting on March 26, 2012 at 7 p.m. Seconded by Buchsbaum. The motion carries 5 -0. Conservation Commission March 13, 2012 Meeting Minutes Page 10 of 9 Approval of Minutes Commission members gave Maxner amendments to February 28, 2012 regular session minutes. Buchsbaum moves the Commission approve the February 28, 2012 regular session minutes as amended. Seconded by Grant. The motion carries 4 -0 -1 with Glidden abstaining since she did not attend that meeting. Adiournment There being no further business to come before the Commission this evening, Glidden moves to adjourn the meeting. Seconded by Squibb. The motion carries 5 -0. The meeting adjourns at 8:55 p.m.