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2012-12-11CITY OF BEVERLY PUBLIC MEETING MINUTES BOARD: Conservation Commission SUBCOMMITTEE: DATE: December 11, 2012 BOARD MEMBERS PRESENT: David Lang, Chairman, Tony Paluzzi, Vice Chairman, BOARD MEMBERS ABSENT STAFF MEMBERS PRESENT OTHERS PRESENT: RECORDER: Christine Bertoni, Robert Buchsbaum, Anne Grant, Stephanie Herbster, and Bill Squibb None Amy Maxner, Environmental Planner Jane Dooley Lang calls the meeting to order at 7:00 p.m. at Beverly City Hall, 3 rd Floor Council Chambers, 191 Cabot Street, Beverly, MA. Certificate of Compliance New: 150 Sam Fonzo Drive, DEP File #5 -844 — construct industrial building, parking and drainage — Fonzo Realty, LLC Maxner explains the Commission issued an OOC in 2004 approving the construction of a commercial building, parking, drainage and utilities. As part of the approval, the Commission required that the remaining land be placed under a conservation easement to retain it in its natural and open condition. In May of 2009 a request for C of C was submitted, and the site was in compliance but the easement had yet to be completed. In April of 2010, after review and approval by the Commission and City Solicitor, the City Council voted to accept the easement. She notes that when the easement was taken to the Registry of Deeds, the accompanying plan of land was not properly formatted and therefore unacceptable to the Registry. Subsequently, after several months with no resolution, the Conservation Commission removed the applicant's C of C application request from its agenda, with an invitation to reapply once a properly formatted plan could be produced to execute its recordation. The applicant has now submitted a new plan that conforms to the Registry's requirements, and it is accompanied by an updated easement document that reflects the new plan title and name of the Grantor. On December 3, 2012 the updated easement was approved by the City Council. There is now an approved easement and plan that has been recorded with the Registry of Deeds. Discussion ensues about cutting and pruning related to good forest management included in easement language. Also addressed was that easement is listed as 4.6 acres of total parcel. Paluzzi moves to issue the Certificate of Compliance for 150 Sam Fonzo Drive, DEP File #5 -844. Seconded by Bertoni. The motion carries 7 -0. Conservation Commission December 11, 2012 Meeting Minutes Page 2 of 7 Request for Determination of Applicability New: 60 River Street — perform sediment and surface water sampling in Bass River — Massachusetts Electric d /b /a National Grid Maxner reads the legal notice. Elizabeth Green, LSP and project manager for National Grid and Joe Higgins, LSP with Innovative Engineering, are present for the applicant. Greene explains that Grid is proposing to perform sediment and water sampling within the Bass River as part of the MCP to characterize the extent of contamination associated with the former manufactured gas plant emanating from the National Grid site next door at Desmond boat yard. Higgins explains that sediment borings will be taken, and surface water samples will be collected as well. He notes that sediment samples will be brought to shore in plastic sleeves, sections of samples will be removed and remainder disposed of off site. The focus is on the area by Desmond boat yard. In response to Lang, Higgins describes test parameter that include sampling for metals, PAH's, VOC's, SVOC's, PCB's etc. as well as parameters to determine upland disposal. Discussion ensues about 3,000 yards of dredging done in 2005 and what subsequent dredging is planned. Higgins explains that the substantial hazard was removed to five feet and it was back filled. There is a plan to dredge that material out again based on when the City of Beverly's Phase II Bass River dredging project permitting is completed. Higgins notes that Desmond may want to do their dredging in advance of the City project. In response to Lang, representative explains that PCB analysis would not be done upstream of the sampling, this was done historically revealing PCBs and metals throughout the Bass River from other sources. Representative notes that National Grid has had PCB problems in the substation area not the gas site. He adds that sampling would be done at high tide for mobility and work would occur in the middle of January when all boats are out of the water. In response to Squibb, Higgins points to general locations of sampling areas on the map. Herbster asks if they anticipate clean soils from 0 to 5 foot depth and whether they anticipate punching through hot material, and whether they are prepared for spill prevention. Higgins notes spill protection will be used on the barge or boat used for sampling for containment. There being no further questions or comments, Paluzzi moves to grant a Negative #2 Determination. Seconded by Squibb. The motion carries 7 -0. Recess for Public Hearings Paluzzi moves to recess public hearings. Seconded by Bertoni. The motion carries 7 -0. Notices of Intent and /or Abbreviated Notices of Intent Cont: 43 Water Street — install steel sheet pile bulkhead, fill land under ocean, install travel lift and floating docks — Beverly Port Marina Conservation Commission December 11, 2012 Meeting Minutes Page 3 of 7 Maxner explains that the applicant has just submitted the ENF and has requested a continuance to the January 8, 2013 meeting. Paluzzi moves to continue the hearing as requested by the applicant. Seconded by Herbster. The motion carries 7 -0. New: Bonad Road, Lot 1— construct new single- family house and associated appurtenances — 2 Bonad Road Trust c/o Andrew Santin New: Bonad Road, Lot 2 — construct new single- family house and associated appurtenances — 2 Bonad Road Trust c/o Andrew Santin Maxner reads legal notices. Lang explains that these are two hearings that the Commission will address simultaneously since they are related and the properties are directly adjacent to each other; he notes it is likely that the Commission will have a site visit and reconvene about this at its January meeting. Bob Griffin, Griffin Engineering, representing applicant explains that Mr. Santin has been before the Planning Board to divide the lot into two lots. The applicant is before the Conservation Commission since there is a drainage ditch (intermittent stream with bank on City property) in front of the undeveloped, flat land that has little grade change with a small wetland up- gradient northeast of the subject property. He notes work is to take place within the 100' BZ to inland bank of an intermittent stream that is partially piped on site. Griffin summarizes that both proposed structures would have decks, bulkheads, and garages and explains stormwater structures to capture roof runoff. He explains that Lot 1 involves encroachment of the driveway into the 25' NDZ, with proposed mitigation planting for mitigation relative to the waiver request. He describes proposed mitigation areas A and B with different types of vegetation including upland plants to improve habitat and lower growing plants in area B for better visibility to the street. Tree removal is proposed on both properties as noted on the plan. He notes that Lot 2 is simpler since work would be outside of 25' NDZ, and subsurface infiltration systems will provide recharge for both houses managing rain and runoff Griffin mentions that plan identifies location of test pits and believes that infiltration system should work well. In response to members, Griffin says there is a BVW up- gradient to the lots near the rail road tracks, and there is basically grassy edges to the ditch with no BVW associated with the ditch, and he explains dimensions of drainage pipes, and he gives estimates of proposed impervious surface (Lot 2: 2,000 square feet, Lot 1: 2,500 square feet). He states that he is not aware of any major flooding on the two lots and Mr. Santin has said that he does not get water in his basement on his lot, which is located across the street from the proposed work. Also, Griffin notes that based on test pit results he doesn't expect wet basements in the proposed new houses and that there is room to the water table. In response to Maxner, Griffin says he believes there would be enough space for vehicle turnaround in the proposed Lot 1 driveway. Griffin notes that the lots have not been conveyed at this time. He adds that sump pumps would be included in the basements and outside foundation drains would be Conservation Commission December 11, 2012 Meeting Minutes Page 4 of 7 installed. Discussion ensues about water and sewer line installation. In response to Maxner's inquiry about having utilities on Lot 1 go through the driveway rather than the drainage ditch, Griffin states that consideration was given to locating sewer line for best drainage and nothing would be harmed going through the ditch. Maxner states that she had inquired with DPW Director Mike Collins if he thought the 12" pipe was sufficiently sized in response to the resident concern about flooding in the area and he responded that clogging of the pipe is the main problem. Mr. Allen from 12 Jewett Road says that for at least 10 years the drainage pipe has been clogged or crushed and drainage ditch gets filled up and floods half of Lot 2 and continues to flood into Lot 1 until it gets past the pipe and runs back into the ditch. He mentions that the ditch has been cleaned out but not the pipe. The flooding has been a problem and comes onto abutter property so he suggests something should be done about the pipe. Griffin offers to work with City's public works department to get the pipe cleaned out and inspected. Michael Bissel, 14 Jewett, describes how there are flooding problems and notes that a lot of debris from Kelleher's pond clogs the drainage pipe. He adds that in storm conditions about once a year with severe rain he can't get out the back of his house due to flooding. He notes that he has seen many of his neighbors pumping their basements. Discussion ensues about drainage ditch getting clogged and flooded on a regular basis and concern about impact from the proposed houses. Resident of 56 Lake Shore Avenue, reiterates problems with ditch and new construction from a few years ago on Jewett Road that carries runoff He refers to Mother's Day storm in 2006 when entire neighborhood was under a foot of water and the parcel where construction is proposed had 14" of water. He expresses his concern about the proposed development project and impact on the existing homes relative to flooding potential. In response to Squibb, he says his property is 30' from the back property line of the Lot 1 and Lot 2 parcel. Jeff Melei 79 Lake Shore Avenue, concurs that flooding occurred during Mother's Day storm and suggests that the Commission could do a site walk in January or in the spring to assess the actual water conditions in the area. He adds that his sump pump runs from January until September continually whether there is rain or not, he emphasizes that there is a major water issue and he has a French drain on his property. Lang notes that the Commission has jurisdiction over drainage issues as does the Planning Board. Discussion ensues about how it is not standard operating procedure for the Commission to dig down four feet to the water table. Lang explains if the Commission had an auger it would be used to dig down only one to two feet since the intent is to identify wetland soils as regulated by WPA and local ordinance. Maxner responds to an inquiry about how drainage issues would be brought through the Planning Board, explaining these issues should be addressed with City's Engineering Department and DPW since Planning Board reviews only lot size criteria for ANR's. Griffin reiterates that he would speak to M. Collins from DPW about drainage ditch and pipe. Maxner offers to ask M. Collins if he could attend the Commission's site walk on this development proposal. Conservation Commission December 11, 2012 Meeting Minutes Page 5 of 7 William Woitunski, 114 R. Colon Street, notes that the water table is as high as 18" deep in certain areas of the neighborhood. Griffin responds that the water table elevations were checked relative to the proposed construction. Resident expresses how dismayed neighbors are with development that has occurred in the area and how it has impacted the neighborhood with runoff and increased wind resulting from fewer trees. William Barror, 1 Bonad Road, expresses same sentiment as other neighbors in area about drainage ditch. Lang mentions potential solution that could be reached between Griffin and City's public works department. Maxner notes that City addresses culvert problems when they need to be addressed but usually on an emergency basis in heavy storms. Lang also mentions that deterioration of catch basins is a City -wide problem. He adds that the Mother's Day storm devastated many parts of Beverly. In response to Maxner's inquiry about wetlands flags 100 and 107 at the westerly end, Griffin says that is not a new headwall. He notes that he has not seen any camera inspections but clean -out could be done. He adds that parcel has had lawn maintained through the years. Griffin agrees to provide measurement to groundwater for the next Commission meeting and have that data at the site visit. Resident expresses his interest in increased efficiency of the drainage ditch so it would not impact the neighbor's properties. Discussion ensues about 18" of water on the Lot 1/Lot 2 parcel during Mother's Day storm, work done on a nearby drainage pipe, lack of drainage in entire area and development that has already occurred in the area that will influence water issues on property. Paluzzi moves to continue the hearing to the Commission's next meeting on January 8, 2013 pending a site visit scheduled for Saturday December 15 at 10:00 a.m. Seconded by Squibb. The motion carries 7 -0. Old/New Business Cont: 116 West Street, DEP File #5 -848 — enforcement order as -built follow up — Daniel Carnevale Maxner reminds the Commission of the enforcement order requiring that an as -built be submitted for a small shed that has been installed at the rear of the dwelling that may or may not encroach into the 25' NDZ. The Order, issued in May of 2005, governed the construction of a single - family house, pervious driveway and associated utilities within Buffer Zone to Bordering Vegetated Wetland, 200' Riverfront Area of Chubbs Brook, and Bordering Land Subject to Flooding (i.e. 100 - Year Floodplain). The project engineer had submitted an as -built plan and narrative at the Commission's last meeting. The Commission asked that opportunities for mitigation be explored and presented for consideration at this meeting. Bob Griffin, representing applicant, describes investigation of 25' NDZ to understand if enhancements could be done in that area. He notes that he asked for expert assistance from Mary Rimmer and she reported to him that area disturbed about seven years ago when sewer line was installed has indigo bush that is native and not invasive, so she recommended leaving this area near roadway alone. He adds that plantings were recommended behind the shed and along the western Conservation Commission December 11, 2012 Meeting Minutes Page 6 of 7 property line where ornamental plantings and non - natives would be removed and replaced with native plantings, 13 shrubs and one tree as well as some seed mix along buffer zone. In response to Maxner, Griffin notes that there are birch trees in the area but not any mature, large vegetation. He concurs with Maxner that the plan would be to remove ornamentals, leave existing natives and supplement with suggested plantings. Griffin explains that 600 square feet would be cleared. He reiterates that the door of the shed would be moved to the east side and the size of the shed would remain the same. Paluzzi moves to approve the planting and restoration plan subject to the following conditions: 1. The Restoration Planting Plan shall be executed and completed no later than June 1, 2013; 2. The Commission or its Administrator shall be notified at least 72 hours prior to execution of work on site and as soon as planting is complete; 3. All of the plants shall exhibit 100% survivorship after two growing seasons post installation; 4. Access into the shed shall be shifted to the east to avoid impact to the wetland and buffer zone from pedestrian and yard equipment traffic. Seconded by Grant. Bertoni opposed. The motion carries 6 -0 -1. New: 1 -3 Cailin Road — construct photo- voltaic (solar) farm and associated infrastructure — Cabot Beverly LLC, Cailin LLC c/o Stanley Bialek — Request for Informal Discussion Maxner explains that the applicant has requested a few minutes on the agenda to discuss the terms of Special Condition # 1 and # 6 of the Order. Bill Manuell, representing the applicant, focuses the Commission on Special Condition #6 that requires clearing work be done in fall or winter when ground conditions are frozen. He notes that a Special Permit filing has been submitted to the Planning Board for Watershed Overlay District Ordinance and at the December 18 Planning Board meeting a public hearing will be set for January. Manuell explains that they fully expect to receive the permit from the Planning Board in January or February and if they wait until the appeal period expires they'll miss the timeframe to do the clearing. He requests the Commission waive Special Conditions #1 and #6 so Mr. Bialek could begin clearing from the 100' buffer zone up to the 25' NDZ so the solar farm could be installed during the summer and become operational. Manuell said technically tree removal is not subject to requirements of Special Permit in Watershed Protection Overlay District, the installation of solar panels requires the Special Permit. Lang mentions that a lot of clearing was already done and suggests clearing could be done in late February and March after the Special Permit is received. Manuell notes if that were the case the work could be done on a month -by -month basis and could be addressed at the end of winter near March 21. Discussion ensues about clear cutting and pruning that would be required especially near a tributary and efficient timing related to the success of the project tied into financing, installation of panels, and requirements to sell electricity to utility. Lang suggests the Commission has allowed a lot of Conservation Commission December 11, 2012 Meeting Minutes Page 7 of 7 work to occur and that other permits should be received first before further clearing work takes place. Maxner notes that the Commission provided its Order in a short amount of time and that an amendment could be done rather than change a Special Condition that speaks to jurisdictional area. She adds that Standard Condition #8 requires that the more restrictive conditions rule. Discussion ensues regarding the possibility for a minor modification request for modifying the conditions. Lang recommends that the applicant receive feedback from the Planning Board at its first hearing, and at that time, depending on how the application is received, the Commission could entertain a request for modification at its January 29 meeting. Members agree that the Special Permit process should be started before modifications are made. New: Expenditure Approvals Paluzzi moves to expend $125.00 to Jeffrey Roelofs, the Commission's special counsel relative to the 50 Dunham Road ANRAD appeal, for his services rendered for the first two weeks of November. Seconded by Bertoni. The motion carries 7 -0. Squibb moves to pay $460.00 to Richard Nylen, the Commission's special counsel relative to the 44 -46 River Street National Grid case settlement for his services rendered during the month of July. Seconded by Paluzzi. The motion carries 7 -0. Other Busines Maxner discusses schedule for the Commission for 2013 where meetings are planned in the Council Chambers with the exception of February 26 where the meeting will be held at the Library. She distributes copies of the Mass DEP Zone A, B & C map to the Commission for their review. Discussion ensues about local nomenclature related to airport brook and how different zones are defined on the map based on water sources throughout Beverly. Members agree there is no need to take further action or discussion on this, as these Zones are not within the Commission jurisdiction. Approval of Minutes Members provide amendments to Maxner on October 23, 2012 meeting minutes. Paluzzi moves to approve the minutes as amended. Seconded by Bertoni. The motion carries 7 -0. Adiournment Paluzzi moves to adjourn the meeting. Seconded by Squibb. The motion carries 7 -0. The meeting adjourned at 9:10 p.m. The next regular meeting of the Conservation Commission is Tuesday, January 8, 2013 at Beverly City Hall, 3 rd Floor Council Chambers.