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2011-11-29CITY OF BEVERLY PUBLIC MEETING MINUTES Date: November 29, 2011 Board: Conservation Commission Members Present Chair David Lang, Bill Squibb, Mary Reilly, Tony Paluzzi, Dr. Mayo Johnson, and Kate Glidden Members Absent: Katelyn Merrill 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 has asked that this be continued to the January 3, 2012 meeting. Member discuss potential mitigation for unauthorized paving in the Buffer Zone. Members agree that they aren't in favor of any plantings being installed at this point in the year and believe it was best to provide some more guidance as to what they expect for mitigation for the non- compliance pieces of the project. Members agree to the following recommendations: For the 20 -foot buffer strip that was supposed to be planted and not mowed around the pond (which is now credited toward the Riverfront mitigation for the synthetic turf field project) the school needs to identify another area on campus within the Commission's jurisdiction that could benefit from restoration. A restoration plan should be prepared to show that area, describe its current condition and how it will be restored to a naturalized state. The area near the stream and the new pavement of the parking area should also have a formal restoration plan, detailing the type of native plants, size and number. The plan should be presented to the Commission at its January 3rd meeting, and planting in the spring should be the goal. Paluzzi moves to continue the matter to the January 3, 2012 meeting asks Maxner to forward the comments to Chute. Squibb seconds the motion. The motion carries 6 -0. New: 208 Hart Street, DEP File #5 -923 — Michael DiGuiseppe Maxner informed the Commission that Mr. DiGuiseppe is unable to be here until 9:00 p.m. She noted that some members of the Commission visited the site. She noted that although many Beverly Conservation Commission November 29, 2011MeetingMinutes Page 2 of 10 more plants were installed beyond what was required, a swath of rip rap was installed along the easterly side of the pond bank, and the area surrounding the pond is fairly well manicured. She suggests that members who attended the site inspection may have thoughts as to the best way to address the non - compliant features. Maxner also notes that the applicant is also looking for relief from Special Condition # 3 as the consulting company that worked on his NOI seems to have gone out of business. Reilly agrees noting that what is there is not bad if they plant some more in between what is there. Discussion ensues as to guidance the Commission can offer to address non - compliacne issues. Members agree that a restoration plan needs to be prepared that naturalizes the rip rap along the bank of the pond - plants need to be identified that will do well in that type of substrate. The manicured planting bed at the top of the slope above the rip rap - this area should to be reverted to a more naturalized state, eliminating the mulching and manicuring and replacing it with native plant species to be left to grow in. This needs to be on the plan as well. Maxner agrees to impart these recommendations to the applicant. Lang suggests that the Commission table the matter until later in the evening when Mr. DiGuiseppe is present or require a more detailed plan showing something more natural. Paluzzi moves to table the matter until later in the evening. Paluzzi seconds the motion. The motion carries 6 -0. New: 400 Hale Street, DEP File #5463 — Endicott College Maxner reports this Order, issued in July 1994, governed the construction of a natural baseball and soccer field, a.k.a. The North Field, which is now under a new NOI to be replaced by a synthetic turf field. She believes the Commission needs additional information to clarify whether work permitted under this old Order was in compliance and how close construction disturbance came to the edge of the wetland. Lang questions what the final elevations are. Charlie Wear explains that they are pretty close noting that a different datum conversion was used. He states that they were at 82.7 feet and they are now at 86.2 feet. He also notes that the survey was an aerial survey. Maxner refers to the applicant's as built plans. She suggests that the matter be continued to the next meeting for further clarification. Paluzzi moves to continue the matter to January 3, 2012. Reilly seconds the motion. The motion carries 6 -0. New: 17 Boyles Street, DEP File #5 -741 — Joanne Avallon John Dick is present for the applicant. Beverly Conservation Commission November 29, 2011MeetingMinutes Page 3 of 10 Maxner reports that this Order was issued in June of 2001 and governed the construction of two additions, a deck, landscaping, minor driveway reconfiguration and grading and walkways within 100' BZ to BVW and 200' Riverfront Area to Centerville Creek. She notes that the project land surveyor has written a final certification letter detailing existing conditions and requesting a waiver from an as -built plan. She explains that he notes some features that were not a part of the project — notably a stone patio behind the house. The patio was built within existing lawn and is pervious. Dick addresses the Commission and explains the as built plans. He notes that it does not appear that the driveway changed significantly. He also notes that the narrow outdoor stone patio was added and was not in the approved plan. He explains that it is 9x20 feet wide and is off the back of the house and is entirely pervious. Maxner reports that she did a site inspection and the site appears to be stable. Paluzzi moves to issue a Certificate of Compliance. Reilly seconds the motion. The motion carries 6 -0. New: 20 Grover Street, DEP File #5 -992 — John Bockoven Bob Griffin is present for the applicant. Griffin addresses the Commission and explains that in April of 2008 the Commission issued an Enforcement Order to Mr. Bockoven for unauthorized clear cutting of ground and shrub vegetation and cutting of trees up to 4 -6 inches in caliper within the 100' BZ to BVW. He notes that the Commission ordered a restoration planting plan but allowed the plan to come under an NOI as the applicant wished to do other work on the property. Griffin explains that the Order was issued and governed the construction of a garage, expansion of driveway, installation of a victory garden, some pruning of existing trees and finally the restoration planting plan. Griffin reports that only minor pruning of trees were carried out, and no other elements of the project were undertaken. He states that they do not intend to complete the other work that was approved. Reilly questions if there was any condition regarding the survival of the plantings. Maxner reviews the order and finds that there were no conditions regarding survival of the plantings. Griffin reports that there may be a real estate transaction that might get in the way of that. He also noted that the applicant spent $5,000 on the plantings and survivability was not an original concern of the Commission. Lang states that it is standard procedure for the Commission to be sure that the plants survive and considering that the applicant had three years to do the planting and has only now done that, the Beverly Conservation Commission November 29, 201 ]Meeting Minutes Page 4 of 10 Commission should have some reassurance that the plants will survive. Discussion ensues as to how best to address plant survival. Lang suggests that that the Commission could issue a partial Certificate of Compliance and that $500.00 be held in escrow until the Fall of 2012 and a final inspection of the plants be made to make sure that 75% of the plants survive and the escrow be used to replace any plants that fail below the survival percentage. Johnson so moves. Seconded by Paluzzi. The motion carries 6- 0. REQUEST FOR DETERMINATION OF APPLICABILITY New: 245 Dodge Street, Henry & Donna Bertolon Bob Griffin is present for the applicant. Maxner reads legal notice. Griffin addresses the Commission and explains that the applicant is proposing to remove three dead or unhealthy trees immediately adjacent to the bank of Norwood Pond, two within the 25' NDZ on the sloped embankment. Johnson asks if any replacement trees are proposed. Griffin states that none is proposed because the canopy is thick. Reilly notes that it looks like the tree in the back may fall into the pond. Griffin explains that there is no threat of that and notes that people use the bank occasionally. Reilly states that she would like to see replacement plantings. Paluzzi moves to issue a Negative # 3 with a condition that not less than five (5) native shrubs shall be planted on the slope in the vicinity of the tree to be removed from the 25 -Foot No Disturb Zone. The motion carries 6 -0. New: 675R Hale Street, Christopher & Hillary Gabrieli Laura Gibson, landscape architect, is present for the applicant. Maxner reads legal notice. Gibson addresses the Commission and explains that the applicant is proposing to perform vista pruning in a couple areas of this ocean front property, and replacement of a swing set play structure. She explains that the work will take place within 100' BZ to edge of BVW, in the vicinity of coastal dune and coastal bank and 200' Riverfront Area. Beverly Conservation Commission November 29, 2011MeetingMinutes Page 5 of 10 Gibson explains that in the past the vista pruning was not done properly and they are proposing to do the work over a period of a couple of years to be sure that the trees are given the opportunity to flourish but train them to grow laterally. Gibson also noted that the play structure on the site was installed in the 1950's and will be removed and replaced. Maxner reports that she walked the property with Gibson. She notes that they are proposing to do all of the work by hand, including the removal of yard waste. Reilly questions how many trees will be pruned. Gibson reports that it is about 10. Maxner notes that John Dick has submitted an opinion that the stream is not a perennial stream, but is intermittent. Maxner also states that it should be noted that although the letter was submitted the Commission is not certifying wetland delineation at this time. Paluzzi moves to issue a Negative # 2 and # 3 and Positive # 2b. Reilly seconds the motion. The motion carries 6 -0. Recess for Public Hearings Paluzzi moves to recess for public hearings. Squibb seconds the motion. The motion carries 6- 0. NOTICES OF INTENT Cont: 400 Hale Street — Proposed Synthetic Turf Field — Endicott College Joe Orzel of Gulf of Maine, John Amato of JJA Sports and Dennis Monaco of Endicott College are present for the applicant. Orzel addresses the Commission and reports that a site visit was held with the Commission and some questions arose during that visit and the initial hearing. He notes that they submitted the additional information this evening. He notes that most of the questions revolved around stormwater and engineering. Amato reviews the revised drawings and the drainage plans for the series of flows though the turf system. He notes there has been a change to the invert by a foot. He notes that at the first hearing the Commission asked for cross sections of the drainage in the field. He tries to demonstrate that they have vertical drainage and surface flow, which go to the drainage system, a portion of the surface flow infiltrates into the ground. He compared the field today with the proposed field and estimated the volume of runoff today is 150,000 and he estimates to be 130,000 with the new field. He notes that the new system allows groundwater recharge. Beverly Conservation Commission November 29, 2011MeetingMinutes Page 6 of 10 Amato notes that at the site walk the question was raised regarding what will be done at the wall. He reports that they could re- vegetate and bring it back to a more natural state. Amato reports that the back slope with the existing backstop is less than 1 -1. He notes that they could modify it and flatten the slope. He reviewed the comparison of the site plan at the southeast orientation vs. the northeast. He explains the challenges of fitting this in on the site. He reviews the evaluation on the environmental effects of the synthetic turf field. He notes that the study was done in 2009 by engineers in Connecticut. Lang states that he is concerned that if there is a problem with leaching into the water whether the discharge would meet the ambient water quality standards. Amato explains the regulations. Lang states that leaching is characteristic of this chrome. Lang notes that they have presented a lot of information this evening and he appreciates it. He suggests that he would like additional information on leach - ability of zinc or other metals from the rubber crumb infill. 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 this evening, Johnson moves to continue the public hearing to January 3, 2012. Paluzzi seconds the motion. The motion carries 6 -0. New: 400 Hale Street — New Life Sciences Building — Endicott College Joe Orzel of Gulf of Maine, Jason Burell of Windover, and Charlie Wear of Meridian are present for the applicant. Maxner reads legal notice. Wear addresses the Commission and explains that the College is proposing to demolish an existing building and constructing a new Life Sciences classroom building with a larger footprint, including associated parking, access and pedestrian amenities. He explains that the stormwater management includes a detention basin, stormceptor unit, rain garden and subsurface infiltration structure. He provides a review of the entire proposal including demolition plans and tree removal to accommodate the new building. Wear explains that stormwater mitigation is proposed on the backside of the building with the installation of a detention basin so there is no increase in the rate of runoff on the site. He explains that they looked at the hydrology of the pond and the outlet of the pond to encompass a major portion of the campus. Wear reviews the stormwater standards for the site. He reviewed the ground water discharge and estimated the TSS removal to beat 90 %. He notes that the redevelopment will result in an Beverly Conservation Commission November 29, 2011MeetingMinutes Page 7 of 10 increase in pervious surface on the site. He reviews the drainage flows for the site, noting that the fire lane will be impervious. Reilly asks if they considered a green roof. Wear states that he will have to discuss that with the College but there are a lot of structure engineering considerations that go along with that and he is not sure it is possible at this stage of budgeting and planning. Lang asks if there will be any equipment lay down areas near or in resources area. Wear staets that they should have no problem staying out of buffer zone and will accept a condition to that affect. Lang asks if the Commission wishes to visit the site. Reilly, Glidden and Paluzzi note that they have been out there recently on another site visit on campus. Lang opens the hearing up for public comment at this time. There is no one present who wishes to comment on the project. There being no further questions or comments regarding this matter, Paluzzi moves to close the public hearing. Glidden seconds the motion. The motion carries 6 -0. New: 32 Tozer Road — Cell Signaling, Inc. c/o Peter Muto Bill Maher of Nitzch Engineering, Andy Bennet of Singer Harris Architects, Mark Manganello of LEC, and Peter Muto of CST are present for the applicant. Maxner reads legal notice. Maher addresses the Commission and reviews the plans for proposed drainage improvements including cleaning, widening and armoring a non - jurisdictional drainage channel, installation of drainage pipes, and settling basin. He explains that this work is to take place within 100' BZ to BVW. He also explains that a 1,200 s.f building is proposed to house a chiller plant, which will involve filling of BVW with 755 s.f of replication proposed. Maher notes that they previously did work on the site without approvals from the Commission. He explains that heavy rains revealed issues with flooding. Manganello reviewed the wetland data for the resource areas on site noting that BVW and bank were identified. Maher reviews the drainage improvements to the site. He notes that they had a video inspection of the pipe and they are proposing to replace the 6" pipe with a 12" pipe. Andy Bennett addresses the Commission and explains the function and operation of the chiller plant and goes into great detail as to the citing of the structure relative to the company's needs and existing site constraints. Beverly Conservation Commission November 29, 2011MeetingMinutes Page 8 of 10 Lang states that this project as presented is un- approvable, noting that they need to look at other alternatives on site for the chiller location. He notes that they cannot put the building that size in that wetland area without offering sufficient mitigation. He also suggested that they look at the Beverly Wetlands Ordinance for guidance on the waiver criteria. He further notes that not enough information has been presented to either approve or deny this NOI. Maxner notes that the application is weak on the criteria for waivers noting that they have to address each criterion in the request for the waiver from the 25' NDZ. Maher explains that test borings are planned to get more data relative to the location of the Chiller Plant and notes the areas on the plan. He asks if the Commission will give permission for the borings that will be within the Buffer Zone. Members agree to allow that activity as long as appropriate erosion controls are used and the Administrator is notified a couple days in advance. Lang opens the hearing up for public comment at this time. There is no one present who wishes to comment on the project. There being no further questions or comments regarding this matter, Paluzzi moves to continue the public hearing to January 3, 2012. Johnson seconds the motion. The motion carries 6 -0. OLD/NEW BUSINESS New: Standley Street Conservation Land — Warin2 School Encroachment Maxner reports that for many years, the Waring School has been utilizing a portion of this property for their playing field without authorization from the Conservation Commission. She explains that the relative of the land donor has expressed frustration over the lack of oversight of this property, and has been in contact with Ed Becker, the Director of Essex County Greenbelt. She reports that the Open Space Committee would like to assist the Commission in addressing this issue, but understands that they do not have regulatory authority over this land, only the Commission does. Maxner explains that The Open Space Committee would like to schedule a joint site inspection with the Commission sometime in December to walk the property so that everyone can become re- familiarized with the property and get a feel for the extent of encroachment. She further notes that a conversation needs to be had about how the Commission should deal with this unauthorized use of its open space and to figure out a strategy for approaching the school and what the remedy should be. Maxner explains that the Open Space Committee roposed two possible dates for the site visit — Saturday December 3 rd or Saturday December 10 in the morning at 9:00 a.m. Johnson suggests that the Conservation Commission should communicate their concerns to the Waring School and inform them that they are using conservation land and to cease and desist Beverly Conservation Commission November 29, 2011MeetingMinutes Page 9 of 10 from doing so. Members discuss this matter and agree that the School should be informed that this is an inappropriate use of Conservation land. Maxner will draft a letter to that affect and circulate it to members for their input. Paluzzi moved to send a letter to the Waring School ordering them to cease and desist the use of the conservation land on Standley Street and ask that they appear before the Commission at its January 31, 2012 meeting with plans on how they will do this and prevent future encroachments. Reilly seconded the motion. The motion carries 6 -0. New: Expenditure Approvals Maxner requested reimbursement of $57.34, for three 4 -inch 3 -ring binders that she purchased in order to assemble the administrative record for the National Grid, 44 -46 River Street project appeal to Superior Court. Reilly moves to approve the reimbursement. Johnson seconds the motion. The motion carries 6 -0. Maxner reports that the Ipswich River Watershed Association has sent out their annual appeal. She notes that the Commission donated $100 last year and this is on top of its usual membership dues. Squibb moves to approve a donation of $100 to IRWS. Glidden seconds the motion. The motion carries 6 -0. Orders of Conditions 400 Hale Street — Life Science Building at Endicott College Discussion ensues as to possible conditions. Paluzzi moves to issue Standard Conditions and the following Special Conditions: 1. There shall be no storage of building materials or excavated /fill soil within the 100 -foot buffer zone to the resource areas. All stockpiled materials shall be protected by erosion controls to prohibit sedimentation into the wetland resources or buffer zone. 2. The Stormwater Inspection and Maintenance Plan shall be adhered to in perpetuity, and all maintenance and inspection reports per the Plan shall be submitted to the Conservation Agent on an annual basis no later than December 31 of each year. This condition shall run in perpetuity beyond the issuance of a Certificate of Compliance. Glidden seconds the motion. The motion carries 6 -0. Approval of Minutes There were no minutes approved at this meeting. Adjourn regular Meeting and Enter into Executive Session Beverly Conservation Commission November 29, 201 ]Meeting Minutes Page 10 of 10 Paluzzi moves to adjourn the regular meeting and not to return, and to enter into executive session for the purpose of discussion with Commission's Legal Counsel Richard Nylen regarding 44 -46 River Street, National Grid litigation, DEP File #5 -1048. Johnson seconds the motion. Lang calls for a roll call vote at this time: Paluzziyea, Johnson yea, Reilly yea, Glidden yea, Squibb yea, and Lang yea. The motion carries 6 -0.