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2011-01-11CITY OF BEVERLY PUBLIC MEETING MINUTES Date: November 1, 2011 Board: Conservation Commission Members Present Chair David Lang, Katelyn Merrill, Bill Squibb, Mary Reilly, Tony Paluzzi, Dr. Mayo Johnson, and Kate Glidden Members Absent: None 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, Third Floor Council Chambers, 191 Cabot Street, Beverly, Massachusetts. Certificate of Compliance Cont: 1 Brookwood Road, DEP File #5 -914 — Brookwood School c/o Richard Chute Maxner reported that Mr. Chute requested that the matter be continued to the November 29, 2011 meeting of the Conservation Commission. She explained that he is on vacation and would like to address the matter of additional paving that was done on the site. Paluzzi moves to continue the matter to the November 29, 2011 meeting. Squibb seconds the motion. The motion carries 7 -0. New: 208 Hart Street, DEP File #5 -923 — Michael DiGuiseppe Maxner explains that the Order governed the removal existing deck and small addition and construct a new 581 s.f addition with full foundation and screened -in porch as well as install resource area and buffer zone habitat enhancement plantings. She also noted the Commission later issued a Minor Modification allowing the construction of a bluestone patio, stone retaining wall, spa and related grading at rear of dwelling outside the 25 -Foot No Disturb Zone. Barbara DiGuiseppe is present. Maxner also explained that pursuant to a Positive # 1 Determination of Applicability issued by the Commission in June 2006 meeting for the same work, a Notice of Intent was submitted to the Commission, during that review it was discovered that the applicant altered the BVW to an open body of water (small wildlife pond) and the Commission required that a comparative habitat analysis be submitted to address this alteration with the NOI and required additional enhancement plantings. Maxner states that she visited the site today and reviewing her notes in the file, and reports that the plants were installed. She showed the Commission photos of the plantings after the first growing season. She notes that Mr. DiGuiseppe installed additional plantings and reviews her findings from Beverly Conservation Commission November 1, 2011 Meeting Minutes Page 2 of 10 on site inspection. She notes the deviations from the approved plan, including rip -rap installed on the house side of the pond and the monitoring reports per Special Condition # 3 were not submitted. She notes that Mr. DiGuiseppe tried to contact the wetland consultant but the firm seemed to have dissolved. Maxner suggests that the Commission issue a partial Certificate of Compliance, noting that she would like to see everything fully in growth and how it is managed. Lang notes that the Commission will likely be doing a site visit at Endicott College and recommended that the Commission take a look at it. Reilly asked if there were any perpetual conditions issued by the Commission. Maxner states that there shall be no fish introduced into the pond. There being no further questions or comments regarding this matter, Paluzzi moves to continue the matter to the November 29, 2011 meeting pending a site visit. Reilly seconded the motion. The motion carried 7 -0. New: Cabot Street/L.P. Henderson Road, DEP File #5 -897 — Stanley Bialek Maxner reported that the Order of Conditions, issued in April of 2006 governed allowance for an existing culvert stream crossing that was originally constructed as the temporary crossing to access the former Vitale Site as part of the Vitale Site Fly Ash Restoration Project (completed) to remain as a permanent crossing, and construction of the required 2:1 wetland replication to mitigate for BVW and Bank altered by the crossing. She explains that the impact to the resource areas was a little over 3,100 square feet and 8,500 square feet of BVW and 120 linear feet of bank were proposed and built. The replication area was constructed in September of 2007 and monitoring reports were submitted in fall of 2008 and 2009. Maxner recalled that she did a final site inspection with Bill Manuell and he had a hard time finding the bank, but she had been back there two or three times and it looks really good. She also noted that the access road is all grown in and the site is complete. She recommended that the Commission issue a Certificate of Compliance. Merrill moved to issue a certificate of compliance for L P Henderson Road, DEP File # 5 -897. Paluzzi seconded the motion. The motion carried 7 -0. Recess for Public Hearings Paluzzi moves to recess for public hearings. Squibb seconds the motion. The motion carries 7 -0. Notices of Intent Beverly Conservation Commission November 1, 2011 Meeting Minutes Page 3 of 10 Cont: L.P. Henderson Road /Sam Fonzo Drive, Parcel A — Cicoria Tree & Crane Service, Inc. Maxner reports that the Commission was ready to close the hearing at the last meeting, however the applicant requested that the matter be continued in anticipation of the Planning Board meeting to be sure that there would be no changes to the plans. She reported that there were no major changes requested by the Planning Board. She noted that it was requested that they install signage on Sam Fonzo drive in the buffer zone. Maxner states that she has drafted an Order of Conditions and forwarded them to the applicant and his engineering who had no comments. She explains that there are three special conditions and explains that environmental monitoring of the activity on the site take place at least once a week during construction along with a requirement of monitoring after a 2 -year event. She also explained that the conditions include monthly reports for activity outside of the buffer zone and monthly reports is submitted to Maxner. She notes that the rest of the conditions in the order are standard conditions. Reilly notes that the O &M plan has been revised. Maxner explains that the O& M plan will be submitted to the Planning Department at the end of the year and a copy will be given to the Commission by December 31 Lang notes a typo on condition #37. There being no further questions or comments regarding this matter, Palluzzi moves to close the public hearing for L P Henderson Road /Sam Fonzo Drive, Parcel A and approve the conditions as discussed and incorporation of the memo from John Morin regarding the sign. Squibb seconds the motion. The motion carries 7 -0. Cont: 3 Wilson Avenue — John Mullen — DEP File # 5 -1069 Merrill recused herself from discussion of this matter. Jessie Blanchette with Griffin Engineering is present for the applicant. Blanchette addresses the Commission and reports that Bob Griffin presented this project at the last meeting and a site visit was held since then. He notes that there have been no major changes made to the plans as a result of that visit. He notes that DEP had comments and reviews the response letter to those comments relative to meeting the performance standards for the coastal resources. Paluzzi asks how far the new tow of slope will come out beach ward from existing. Blanchette refers to the plan and explains that it varies across the site and they will be carrying it off the existing to match the westerly end. Reilly expresses her concern that there is a little cove between the jetty and the wall. Blanchette states that it is a very small area and is blocked by the jetty. Lang asks for clarification as to what type of equipment will be used and access for it. Blanchette explains that they will do the work from the landside of the property. Maxner notes that a rubber tracked excavator will be on the top of the stairs on the street side to distribute the stone; she reads Beverly Conservation Commission November 1, 2011 Meeting Minutes Page 4 of 10 that the actual work on the wall will be from a rubber tracked excavator will come off the end of Water Street and be fed clean boulders from the street side equipment. 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 6 -0. Merrill returns to the meeting at this time. New: 400 Hale Street — Endicott College Maxner reads legal notice. Joe Orzel is present for the applicant. John Amato of JJA Sports and Dennis Monaco from Endicott College are also present. Orzel addresses the Commission and explains that the proposal involves upgrades and replacement of the existing North Athletic Field with a synthetic turf field. He explains that the work will take place within the 100 -foot buffer zone to the BVW and there is also some work proposed for the 25' No Disturb Zone. He reviews the plans and notes the location of the field and the areas of work to be done in the buffer zone. Maxner notes that the existing field is under an outstanding Order of Conditions that has not been closed out. Monaco states that he does not recall that, but that he would confer with Charlie Wear on that. Orzel explains that in addition to the synthetic field the plans call for new dugouts and viewing stands, which will overhang the 25' NDZ. He also explains that there will be an new drive to provide access to the tower. Orzel also noted that the plans call for work along the third base line with the installation of a vertical retaining wall and the removal of the existing rip rap. He explains that they will have to access this through the 25' NDZ temporarily to remove the boulders. He notes that they will restore the area with natural vegetation. Merrill questions if the temporary access will include the use of machinery in the NDZ. Orzel explains that they will remove the boulder and regrade and plant the area to be left alone but machinery will need to operate fairly closely to the wetland. Merrill questions if they are using the existing field footprint. Orzel notes the areas on the plan and explains the area for the new field. Merrill would like to see the alternatives analysis for why they chose the proposed configuration of the field. Beverly Conservation Commission November 1, 2011 Meeting Minutes Page S of 10 Reilly asks if the wetland delineation is recent. Orzel explains that there were two delineations done on March 8, 2010 and October 8, 2011. Maxner questions if any of the wetlands are associated with a vernal pool. Orzel explains that he looked at the area and it looked like conditions were good for a vernal pool but he only saw one frog when he walked the site. Amato addresses the Commission and explains the construction of the field. He notes that the field will be used for soccer, field hockey and other college level sports in the fall and in the spring. He goes into great detail on the stormwater runoff calculations including rates of runoff and infiltration. He notes that there will be a stone base of 8" thick that can infiltrate 16' to 40' per hour and there will be approximately 64,000 cubic feet of storage within the base. He explains the panel -drain system and final discharge point to the wetland, noting that the precipitation will take about ' /z hour to travel through the system from beginning to end. He noted that 83% of students at Endicott participate in sports. He explains that the synthetic field will allow for more hours of play. Orzel explains that the viewing stands are being upgraded because they have to be ADA compliant. Amato explains the construction of the field. Lang questions where the water goes from the outlet pipe. Amato explains that it is discharged into the wetland. Lang would like more information as to the water budget and final location of discharge. Merrill notes that they have provided a lot of information and it is hard to wade through it all at once. She questions if the existing runoff from the field is infiltrated and at what location is the discharging into the wetland. Maxner suggests a pre and post analysis of existing conditions. She notes that there are layers to the field. Discussion ensues regarding the current field and the conditions it was built on. Reilly asks if they will be doing any blasting. Orzel reports that there will be some blasting. Reilly asks for information regarding the blasting materials to be used. Reilly also suggests that steps should be taken to address trash control from the stands. Lang questions if the liner on the bottom is permeable. Amato explains that it is impermeable. Lang also requested that they provide information on the water budget and its flow path from the field to the wetland (schematic of the hydrology), water quality relative to the National Ambient Water Quality Criteria when it exits the system, and percentages of runoff and infiltration for rain events. Amato will provide the requested information. Lang explains that the Brookwood School Beverly Conservation Commission November 1, 2011 Meeting Minutes Page 6 of 10 recently presented a plan for a synthetic field and the Commission requested this information as well. Lang suggests that the Commission visit the site. Members agree. Merrill requests that the areas be staked out in time for the site visit. Monaco states that he will have the area staked out. Maxner questions Amato on how many turf fields he has designed and brought through permitting. Amato explains that they have done 60 fields across the country, noting that in Massachusetts they did one at Regis College, Concord Carlisle High School and Walpole High School. 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, Merrill moves to continue the public hearing to November 29, 2011 meeting pending a site visit scheduled for Saturday November 12 at 8:00 a.m. Paluzzi seconds the motion. The motion carries 7 -0. OLD/NEW BUSINESS New: Request for Preliminary Site Inspection — Meridian Associates Maxner reported that Charlie Wear has requested a preliminary site inspection for a NOI to be submitted for a new Life Sciences building at Endicott College. She reported that he is hoping to submit it for the November 29 meeting and considering the approach of winter, he'd like for the Commission to conduct a preliminary site inspection prior to the November 29 meeting. The Commission scheduled a site inspection for November 12, 2011 at 9:00 a.m. New: Request for Emergency Certification — 32 Tozer Road, Cell Signaling Technology Peter Muto with CST is present for the applicant. Muto addresses the Commission and explains that Cell Signaling has had some major flooding issues and has done some work in the "swale" / stream to help abate the situation. He states that they are asking for an Emergency Certification to cover work that has been undertaken as well as other work they'd like to continue with. Muto explains that the flooding is the result of a structure that they built to join the buildings in anticipation of the renovations to the rest of the property. He notes that the flooding has caused a major hardship to their operations, which needed to be closed down for a month. He explains that they removed the connecting structure and they have met with Mike Collins regarding the shedding of the water from impervious upstream basin and they have cleaned all of the catch basins on the site. Beverly Conservation Commission November 1, 2011 Meeting Minutes Page 7 of 10 Reilly asked what the conditions on the site were before they joined the buildings. Bennett explained that they have owned the building for three years and they built the structure a year ago. Lang states that the Commission needs to see a plan of the work they intend to do. Lang also explains that the Commission can only consider a plan to be an emergency if there is a threat to public safety and welfare. He notes that this does not qualify as an emergency since the apparent offending connecting structure has been removed and they need to file a Notice of Intent. He further explains that while he sympathizes with their situation, DEP would most likely intervene if the Commission issues an Emergency Certificate. Merrill agrees with Lang but thinks that maybe a site visit can be arranged to expedite the review of the NOI. Maxner explains that she called DEP to ask about this situation and they were clear that this is not an emergency situation and that they would step in. She informed the applicant that the next meeting of the Commission and application deadlines. The Commission scheduled a site inspection for November 12 following the site visits at Endicott College. The Commission requested that the applicant flag the area prior to the site visit. Muto notes that the area is flagged. New: Request for Minor Modification — 24 Whitehall Circle, DEP File #5 -1016 Merrill recused herself from discussion of this matter. Maxner explains to the Commission issued an Order of Conditions in November of 2009 approving construction new single family house, deck, pool, patio, driveway, landscaping and associated appurtenances within 100 -Foot Buffer Zone to Bordering Vegetated Wetland. Maxner reviewed the following Special Conditions: 1. Prior to construction or any work on site, the limit of the entire 25 -Foot No Disturb Zone associated with Wetland System A shall be marked with granite posts measuring 5" x 5" x 4' with at least an 18" reveal above grade as noted on the approved plan entitled "Order of Conditions Marker Plan, M -1" stamped received December 15, 2008, prepared by Griffin Engineering Group, LLC in addition to the split rail fencing as called out on the approved project plan. These markers and /or fencing shall have plaques bearing language on their upland side reading "No Disturbance Beyond This Point By Order Of the Beverly Conservation Commission ". The installed markers and fence shall be inspected by the Conservation Administrator prior to construction. 2. Pool backwash shall be directed to a separate drywell in addition to those proposed on the approved plan. 3. Pool drawdown shall not occur within 2 weeks of chlorination and shall be directed into the drywell as described in Special Condition # 2 above. Drawdown shall not be directed to the Beverly Conservation Commission November 1, 2011 Meeting Minutes Page 8 of 10 wetland. This condition shall run in perpetuity and shall survive the issuance of a Certificate of Compliance. 4. It shall be the responsibility of the homeowner to maintain and clean all the drywells at least once per year or more frequently if directed by the manufacturer. This condition shall run in perpetuity and shall survive the issuance of a Certificate of Compliance. Maxner notes that the house and driveway have been relocated to some degree, and there is a small amount of grading proposed and the pool has been eliminated. She notes that revised drainage calculations have been submitted also. She noted that Special Conditions # 2 & 3 are not valid anymore because the pool has been eliminated and # 1 & 4 should remain. Maxner reviews the October 26, 2100 letter from Peter Shanahan of HydroAnalysis, the neighborhood's engineer, regarding the stormwater management for the project which alerts the Commission and the Planning Board that he has reviewed each building permit as each lot has come on line. Shanahan notes that there has been a series of shifts in the eventual destination of drainage throughout the development and that there has been an overall increase in impervious surfaces from the original calculations. He notes that although at the moment these changes do not pose an immediate problem but strongly recommends that future lot proposals be carefully watched to make sure that the original drainage design is not compromised or altered. There being no further questions or comments regarding this matter, Johnson moves to issue a minor modification for 24 Whitehall Circle DEP File # 5 -1016. Paluzzi seconds the motion. The motion carries 6 -0. Merrill returns to the meeting. Cummings Center — Discussion Regarding Sediment to Lower Shoe Pond Steve Drohosky and Dennis Clarke of Cummings Properties are present. Drohosky addresses the Commission and explains that they had some flooding issues on October 4th due to accumulated sediment at the pipe discharge point in the Lower Shoe Pond. He requests emergency certification to remove sediment from the pond. Maxner explains that she talked to Jill Provencal of DEP and she was very clear that in her opinion this does not meet the definition of emergency certification. Lang notes that serious flooding issues might trigger emergency certification, but the Shoe Pond did not overflow and the amount of rain could not be accommodated by the storm drains. He recommends that they file a Notice of Intent and hopefully there will be no more significant flooding in the meantime. Merrill agrees that this is not an emergency. Dennis Clarke addressed the Commission and stressed that the flooding was a huge inconvenience for their tenants noting that most of them are doctors on the first floor of the buildings that were flooded. Beverly Conservation Commission November 1, 2011 Meeting Minutes Page 9 of 10 Maxner cautioned them on the amount of material they should remove from the pond, noting that certain amounts trigger 401 Water Quality permitting and Army Corps of Engineer review which is much more time consuming. 159 West Street — Proposed Fence in No Disturb Zone Maxner explains that the Commission issued an Order of Conditions governing landscaping work within the buffer zone to a coastal bank including the removal of a large 5 leader Linden Tree and re -grade the area of removal as well as the installation of a Honey Locust tree and the installation of a 2' high retaining wall outside of the 25' NDZ. She explains that the applicant has inquired as to what type of application the Commission would require to place a cedar fence to screen the neighbor's property and the existing chain link fencing that the neighbors installed. She explains that some of the fence will be within the 25' NDZ as is the chain link fence. She provides a review of the cedar fence. Members review and discuss this proposal and agree that this will not require a formal application, as there will be no impact to the resource area by the addition of a cedar fence. Approval of Minutes The minutes of the June 7, 2011 were presented for approval. Johnson moved approval, seconded by Paluzzi. The motion carried 6 -0 -1 with Merrill abstaining. The minutes of the June 21, 2011 were presented for approval. Johnson moved approval, seconded by Paluzzi. The motion carried 6 -0 -1 with Reilly abstaining. Orders of Conditions 3 Wilson Avenue Discussion ensues as to possible conditions to govern the project. Paluzzi moves to issue Standard Conditions and the following Special Conditions: 1. Prior to work commencing, the applicant and /or contractor shall contact the City Engineering Department and Department of Public Services to ensure that the storage of quarry stone at the end of Wilson Avenue has been approved by those Departments and any conditions set forth by those Departments shall be followed that do not conflict with this Order. 2. As described in the Notice of Intent, a track - mounted excavator will be allowed to traverse the beach during a receding tide to the work area, gaining access from Water Street Ramp located to the west. Construction equipment of any kind shall not be stored within the wetland resource areas or buffer zone. 3. As described in the Notice of Intent, the quarry stone shall be an average size of 2.5' x 3' in diameter, between 500 to 6,000 lbs, on average of 2,200 lbs, and shall be clean of sediments and debris prior to being brought to the site and being set in place. Beverly Conservation Commission November 1, 2011 Meeting Minutes Page 10 of 10 Glidden seconds the motion. The motion carries 6 -0 -1 with Merrill abstaining. Adiournment There being no further business to come before the Commission this evening, Glidden moves to adjourn the meeting. Johnson seconds the motion. The motion carries 7 -0. The meeting adjourns at 10:00 p.m.