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2012-11-13CITY OF BEVERLY PUBLIC MEETING MINUTES BOARD: Conservation Commission SUBCOMMITTEE: DATE: November 13, 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: 73 Cross Lane, DEP File #5 -1056 — construct two -car garage and open deck, install bituminous concrete driveway — Donald Benoit Maxner explains that the Order, issued in June of 2011, governed the construction of a 24' x 28' two -car garage attached to existing single - family house and installation of 12' x 14' bituminous concrete driveway; construction of 13' x 22' open deck to be supported by sono -tube footings and install a connecting walkway at rear of house. A subsurface infiltration was also proposed to capture and infiltrate roof runoff from the new garage. Maxner notes that she conducted a final site inspection to verify site conditions. She adds that the Commission held over making a decision because the driveway was larger than originally proposed, maximum of 14 feet and is 26 feet, and there is more impervious surface than expected. Mr. Benoit explains that there is a telephone pole right in the middle of the driveway and if the driveway was smaller it would not accommodate the size of his pickup truck and allow him to turn his vehicle around to exit property on to Cross Lane without backing out and that stretch of the road is tricky as there are blind corners. He adds that the driveway only has a base coat and would get a finish coat if Commission approves project. He explains that 14 feet was marked for the driveway and when the paving company came to the site the representative said it should be wider to accommodate the homeowner being able to drive out of site and paving company made the driveway 26 feet wide. Mr. Benoit said National Grid would have removed the telephone post for $1,000 so he decided not to move it. Discussion ensues about how more impervious area (150 feet) will result in additional runoff from driveway that would spill into the road rather than the resource area and be captured by drainage Conservation Commission November 13, 2012 Meeting Minutes Page 2 of 9 system. Maxner notes that landscaping was installed on the southern side of the new garage along the edge of erosion controls (coniferous shrubs). She adds that a 36 inch oak tree was preserved. Lang asks if the Commission has any further questions and notes that he has a better understanding of why the driveway was increased and believes that this is a minor deviation. Members agree. Paluzzi moves to approve the Certificate of Compliance at 73 Cross Lane, DEP File #5 -1056. Seconded by Bertoni. The motion carries 7 -0. New: 18 Whitehall Circle, DEP File #5 -1025 — construct new single family house & associated appurtenances — Manor Homes Development, LLC c/o David Carnevale Maxner explains the Order, issued in April of 2010, governed the construction of a new single - family house and associated appurtenances. She explains that this lot has since been subdivided in half and each half combined with the two adjacent lots. Work under this Order never started, and since the lot doesn't really exist anymore, the developer's representative Griffin asks Commission to close this Order out with a Certificate of Compliance. Paluzzi moves to approve the Certificate of Compliance at 18 Whitehall Circle. Seconded by Grant. The motion carries 7 -0. New: 8 Elm Top Lane (a.k.a. 23 Ober Street), DEP File #5 -1003 - construct an enclosed in- ground pool and spa, install outdoor dining patio and native plantings — William McDonough Robert Griffin, the project engineer, explains that the Order, issued in July 2009 and later modified in June 2010, governed installation of an in- ground pool and associated patio, with some coastal bank plantings. He has prepared an as -built plan and notes the deviations from the approved plan, which included the construction of a small deck out the back door where a blue stone patio had been. Maxner notes that in April of 2011 the applicant asked for a Certificate of Compliance and waiver from the as -built plan, however, the Commission felt that an as -built was necessary since the Commission accepted an annotated sketch by the applicant as part of the modification. The modification reduced the scope of the project and moved the pool outside the 25' NDZ and further way from the coastal bank. Maxner explains that the site appeared to be in compliance and was stable when she visited the site last year. Lang asks if the Commission has any questions. There are none. Paluzzi moves to approve the Certificate of Compliance for 8 Elm Top Lane. Seconded by Bertoni. 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, DEP #5 -1079 — install steel sheet pile bulkhead, fill land under ocean, install travel lift and floating docks — Beverly Port Marina Conservation Commission November 13, 2012 Meeting Minutes Page 3 of 9 Paluzzi moves to continue the hearing to the Commission's December 11, 2012 meeting as requested by the applicant. Seconded by Buchsbaum. The motion carries 7 -0. Cont: 1 -3 Cailin Road — construct photo- voltaic (solar) farm and associated infrastructure — Cabot Beverly LLC, Cailin LLC c/o Stanley Bialek Bill Manuell refers to the site walk with Commission on Saturday, November 3 rd to ensure an accurate wetland line and observation of site conditions. Manuell explains that he visited site again and looked at the areas that the Commission asked for further soil investigations. He found the soil samples quickly transitioned to an upland bright - colored condition. Curt Young has provided updated tree inventory information for Table 7. Scott Patrowicz has provided one copy of the stormwater calculations for the City's file and a set of revised plans that very slightly tweak the configuration of the drainage swales that was filed. Manuell indicated that he has observed dry stream bed conditions while flagging the wetland line. He describes how a four -wheel vehicle would be used to maintain the panels that would be washed off with a soft -soap solution. In response to Lang, Manuell states that transformers are mechanical and there should not be hazardous products used for those, it is believed that vegetable oil is used. Bailek notes that the only chemical would be in the transformers, which is indeed vegetable oil, and does not anticipate the need for storage at the site. He concurs with Lang, that there may be secondary allowance for containment with the transformers since oils are used within them. Maxner reads letter from Safe Drinking Water Alliance, authored by Pam Kampersal into the record relative to Wenham Lake reservoir and status of airport brook relative to "Zone A ". It addresses wash water as well as potential contaminants and storm management relative to protecting proximate drinking water supply and 200 foot buffer zone. Manuell replies that airport brook is intermittent but does receive the "Zone A" protection status as it is a tributary to Wenham Lake, but that zone is not under the Commission's authority. Maxner states after the Vitale site restoration project was completed, she went to the site with wetland scientist a few times and she recalls a dry streambed in late summer. Manuell notes that information asked for in the Safe Drinking Water Alliance letter (i.e., how to handle contaminants from transformers) could be addressed at pre - construction meeting. Discussion ensues about secondary containment is necessary if there is a regulated substance. Manuell mentions that he believes the proposed project would not have a significant impact on the drinking water supply relative to pervious surface and stormwater runoff Mary Rodrick of Safe Drinking Water Alliance notes that airport brook has been designated as intermittent tributary to the water supply that meets requirements of 200 -foot "Zone A" buffer. Maxner responds that the 200 -foot buffer as described by Rodrick is entirely different from the 200 - Foot Riverfront Area under the wetlands regulations, which is determined by the stream's intermittence or perennial nature and Lang concurs. Renee Mary from 274 Hale Street compares Centerville Creek as similar to this situation. Lang reiterates that there is evidence that airport brook goes dry. Discussion ensues about concrete Conservation Commission November 13, 2012 Meeting Minutes Page 4 of 9 culvert under Route 97 and downstream on the right of road going towards Topsfield, the brook is perennial at that point. Subsequent discussion addresses trees cut down in overlay district relative to 100 -foot buffer zone and recharge of groundwater and expected in the future regular pruning and potential subsequent cutting of trees only on the property. Maxner describes conversation she had with Curt Young about having a project wetland scientist on site during cutting and pruning. Also that the initial cutting will involve removal of most of what is cut due to volume, while subsequent pruning episodes would involve brush piles that could be used for habitat as directed by project wetland scientist and specified in special condition. Discussion ensues about plans for additional shrub cover ranging from 5 feet to 15 feet along with tree saplings and how open field enhances habitat. She also notes that nomenclature throughout the Cutting and Maintenance Plan needs to be clarified, which can be addressed in the findings or conditions. Young agrees that some terms were interchangeable, and clarification in the Order is welcome. Maxner mentions vernal pool and how findings must reflect the Commission's rationale for granting a waiver, considering initial disturbance where cutting is proposed, and where enhancement planting and clean up will occur in the zone. She adds information about her conversation with Young about management of invasive species and use of herbicides with a concentrated deliberate application. Young explains that the herbicide will be applied with a sponge to cut stumps of invasive species and no spraying is proposed. Lengthy discussion ensues as to potential Special Conditions as offered by Manuell and the SDWA. Conditions are discussed. There being not further questions or comments, Paluzzi moves to close the hearing. Seconded by Buchsbaum. 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 it issued an enforcement order requiring that an as -built be submitted due to a small shed that has been installed at the rear of the dwelling that may 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). Bob Griffin representing the applicant referred to 2004 plan and Superseding Order in 2005, states the house was constructed this year with a shed installed behind the house. He describes as -built plan and notes that shed is within the 25 foot NDZ offset and states that shed is in the best location considering the constraints of the lot and due to the fact that the house is built on piles. There are site constraints that restrict locations of shed and mitigation measures have been proposed to help avoid future encroachment into 25' NDZ in exchange for allowing the shed to remain in its current location. He notes that the shed is surrounded with gravel and suggests modifications that could be Conservation Commission November 13, 2012 Meeting Minutes Page 5 of 9 done to shed to minimize impact on NDZ such as moving door to the east side and installation of split rail fence around shed that provides the only storage at the site. Discussion ensues about area to the left side and rear of house, and elevation from bottom of the house to the ground and that house is within flood zone as well as zoning restrictions about shed location. Lang suggests that for the Commission to allow the shed there should be more meaningful mitigation than the split rail fence. Maxner states how she feels uncomfortable about any large amount of removal associated with invasive species management at the site. Bertoni states her view that there is no compliant location for the shed on the site. Lang recommends Griffin devise a mitigation plan so this could be revisited at the Commission's next meeting. New: 16 Whitehall Circle, DEP File #5 -1026 — Manor Homes at Whitehall c/o David Carnevale — Request for Minor Modification Robert Griffin explains that the lot lines have been reconfigured, and a new house configuration has been developed. Drainage calculations have been provided to show compliance with the original roadway subdivision drainage plan. Griffin notes the applicant is asking for a minor modification to the Order allowing these changes to the house and driveway configuration. All of the conditions issued under the Order shall remain in effect for the project. Proposed modification includes the removal of three trees previously not slated for removal. Griffin provides Commission with a list of proposed plants and schematic to be installed to provide screening some of which are within the 25 -foot NDZ and extending to the street and along the foundation of the house. He notes that a similar scope of work that has already been approved, and that the applicant is asking for a minor modification to that approval. Discussion ensues about change in size from first house to the second house where there is 2,000 square feet less of impervious cover and the house is slightly bigger than first proposed with more planting. Griffin mentions an area on the site where some grading and fill would occur. Squibb notes that eight substantial trees would be removed at the site. Griffin concurs but states that fairly large Spruce trees will be installed. Maxner ensures that there will be a carry over of conditions and agrees with Griffin that the Order of Conditions remains in effect. Paluzzi moves to close this Order with minor plan modifications including landscape plan that was provided today. Seconded by Buchsbaum. The motion carries 6 -0 -1 with Squibb abstaining. Order of Conditions 1 -3 Cailin Road — construct photo- voltaic (solar) farm and associated infrastructure — Cabot Beverly LLC, Cailin LLC c/o Stanley Bialek Maxner reviews the findings that describe the Commission's rationale for approving the project relative to 25 foot NDZ and vernal pool NDZ. Discussion ensues about whether applicant should certify vernal pool as a condition. Maxner explains that this would involve wetland scientist gathering evidence in the spring and forwarding it to Natural Heritage, but to make it clear if the state does not certify the pool, it is still fully protected under the local Ordinance. Conservation Commission November 13, 2012 Meeting Minutes Page 6 of 9 Bertoni provides Maxner with her comments for the Order of Conditions (re: management plan to deal with activity such as pruning). Discussion ensues about initial cutting of trees when solar farm is established and ongoing maintenance of trees at the site where there are quite a few smaller caliper and invasive species trees. Maxner lists conditions. She notes that cutting events would be managed under the direction of the wetlands scientist for the life of the project and impact in the water overlay district. She adds that any other required special permits from other City boards must be obtained before any work is started. Maxner notes that standard conditions are appropriate for project. Also mentioned is biodegradable washing materials would be used as well as appropriate use of herbicides. Discussion ensues about whether a follow -up report on managing invasive species for the life of the permit would be required from applicant as well as wildlife habitat use. Maxner adds that there should be survivorship on enhancement plantings, 75% after two growing seasons. There was also discussion about whether fly ash is a consideration at the site and if restorative efforts are needed. Another consideration is wildlife use at the site. Paluzzi moves to issue Standard Conditions, and findings as discussed and the following Special Conditions as discussed: 1. It is the responsibility of the applicant to procure all other applicable federal, state and local permits and approvals required for this project, and no work within the Commission's jurisdiction shall commence until all permits, approvals, and variances required by the City of Beverly have been obtained. This is to ensure that impact to jurisdictional areas are avoided in the case that any such permit is denied or withheld for any period of time, thereby maintaining the integrity of the resource area or buffer zone until such time all approvals are granted. 2. For clarity and consistency in nomenclature, the Commission sets forth the following meanings for terms used on the approved plans and reports: a. The term "Solar Area" shall mean "Solar Corridor" where such term is used. b. The term "View Corridor" shall mean "Solar Corridor" where such term is used. c. The term "cutting" shall mean the initial removal of trees, by cutting trees flush to ground level, for the initial establishment of the solar corridors. d. The term "pruning" shall mean subsequent trimming of trees, shrubs and stump sprouts to maintain the pruning zone heights as prescribed in the approved documents. 3. Clear identification of the vegetation management area is important. The location of the Solar Corridors begin at the edge of the solar panels and /or the perimeter security fence (as indicated on the approved site plan) and extend roughly 150 feet to the south, east and west at a 2:1 (26 %) slope and roughly 37 feet to the north at a 1:2 (63 %) slope. The Solar Corridors shall be marked in the field prior to cutting or pruning to facilitate the vegetation maintenance program. 4. The objective and intent of the Solar Corridor Cutting and Maintenance Program, as prescribed in Section IV Solar Corridor Cutting and Pruning Procedures (pages 19 -23) and Section V Solar Corridor Effects on Wetland Functions (pages 23 -26 as this section relates Conservation Commission November 13, 2012 Meeting Minutes Page 7 of 9 to any maintenance activities), is limited to minimization of shading impacts on the solar farm within the Solar Corridors defined on the project plans. Cutting for any other reason and beyond what is necessary to achieve this objective is prohibited. 5. The applicant shall provide at least 48 hours notice to the Beverly Conservation Commission prior to undertaking any cutting or pruning activities. 6. Cutting shall be conducted in the fall or winter months when there are dryer or frozen ground conditions. 7. A qualified wetland scientist shall directly supervise all cutting and pruning activities. 8. Cutting and pruning shall be accomplished by hand (using appropriate power tools); wheeled or tracked vehicles shall be prohibited from entering into the 25 -Foot No Disturb Zone or wetland resource areas. 9. Tree logs and tops from the initial vegetation management cut shall be removed from the site. During subsequent maintenance events, tops, logs and brush shall be piled to create brush piles to serve as wildlife habitat features. A qualified wetland scientist shall directly supervise creating and locating of these habitat brush piles. 10. Vegetation maintenance is allowed at a 3 to 5 foot maximum cut below the Pruning Zone height limits so as to reduce the frequency of vegetation maintenance activity within the wetland resources or 100 feet thereto. 11. Activities related to the Solar Corridor Cutting and Maintenance Program, as prescribed in Sections IV and V, shall be allowed to continue beyond the issuance of a Certificate of Compliance for as long as the Solar Farm is in operation. The Commission reserves the right to review and revisit this condition during the life of the project. Any replacement, alteration or retirement of the project, or elements thereof, shall be presented to the Commission for review. 12. In the Spring of 2013, the applicant shall gather and submit data to the Natural Heritage & Endangered Species Program ( NHESP) for certification of the vernal pool located at the C Wetland Flag Series. Should NHESP determine that the pool is not certifiable under the State criteria, this vernal pool shall still be considered fully protected under the Beverly Wetlands Protection Ordinance. 13. All debris, tires and refuse shall be removed from the vernal pool and disposed of at a proper off -site facility. 14. The proposed electrical transformers shall be equipped with secondary containment systems to capture any leaks or spills of cooling oils or other materials that may escape from the transformers. 15. The applicant shall provide a list of any oils, hazardous materials or cleansers that will be used and stored on site during and after construction. All such materials shall be properly labeled, covered and contained. At every opportunity, biodegradable cleansers shall be used on site. Emergency response procedures shall be developed for any and all of these materials. 16. Should the use of fertilizers on site be determined necessary, the applicant shall appear before the Commission to discuss this prior to implementation in the field. 17. Disposal of wash water (for panels or any other facility infrastructure) containing any cleansers or solvents shall be avoided, captured or minimized. 18. The applicant shall provide at least 48 hours notice to the Commission whenever herbicide application is to take place. Herbicides shall be applied as described in the Solar Corridor Cutting and Maintenance Program (i.e. swabbing method). Conservation Commission November 13, 2012 Meeting Minutes Page 8 of 9 19. Invasive species monitoring reports shall be submitted to the Commission as soon as they are available. These reports shall also contain a narrative that provides a qualitative and quantitative assessment of wildlife habitat usage within solar corridor areas. 20. There shall be at least 75% survivorship of the native enhancement plantings after 2 growing seasons, and the results of this monitoring shall be submitted to the Commission as soon as they are available. Seconded by Bertoni. The motion carries 7 -0. New: Proposed Conservation Restriction — off Common Lane — Essex County Greenbelt Association David Santomenna from Essex County Greenbelt presents an overview of a CR that it will be holding for 157 Common Lane that is mostly forested land with a wetland area. The CR will permanently protect approximately 6 out of 8 acres of that property and Greenbelt will be the steward. Santomenna states that there is an existing exclusive use easement, an artifact of original permitting and subdivision, and the CR overlays on the existing easement, which will eventually be voided. He adds that ECGA is in discussion with abutting property for additional CR. Greenbelt seeks the Commission support of the CR that can be communicated to the City Council who will be asked to approve and sign the CR. Santomenna notes that he had prepared a municipal certification signature page as it relates to the CR and its public benefits. Squibb moves to support the CR and sign the municipal certification, and write a letter recommending adoption by the City Council and Mayor. Seconded by Paluzzi. The motion carries 7 -0. Members sign the certification. New: Minor Proiect Permits Issued by Administrator — None to Report Other Business 277R Hale Street — Tree Removal Request Maxner states that the Commission has received a request for tree removal at 277 Rear Hale Street including a remnant stump from a tree that fell over during a storm, a large tree right next to house, and dead Hemlock next to driveway and garage. Members review photos of the trees. Members agree that the trees pose a hazard. Lang states that he does not believe there will be negative impact on the resources as long as the stumps of the trees are cut flush to the ground and the root systems be left in tact, and that any and all areas disturbed by tree removal work be fully restored to their original condition. Paluzzi moves to approve the removal of the trees with conditions as discussed. Seconded by Squibb. The motion carries 7 -0. Maxner notes that while out at this property, she noticed that a split post and rail fence has been installed on the coastal bank and adjacent to wetlands, most likely within the 25' NDZ, without Commission approval. The Commission recommends Maxner send a letter to the neighbor to the south regarding the unpermitted fence asking that they attend an upcoming meeting to discuss it. 29 Ober Street — Yard Waste Dumping into Ocean Conservation Commission November 13, 2012 Meeting Minutes Page 9 of 9 Maxner describes call from neighbor of 29 Ober Street who reports the resident is blowing leaves and yard waste into the ocean. The Commission recommends Maxner send the resident a letter ordering them to cease and desist. Community Preservation Act Committee Maxner explains that the Community Preservation Act was passed in Beverly and that an ordinance needs to be adopted to appoint a permanent Community Preservation Act committee that prescribes certain membership, one seat must be a representative from the Commission. She suggests that members think about who among them is a good candidate for this, as the Commission will vote to nominate one of its own to that Committee. Approval of Minutes Paluzzi moves to approve the September 11, 2012 meeting minutes. Seconded by Squibb. The motion carries 5 -0 -2 with Lang and Buchsbaum abstaining. Paluzzi and Buchsbaum give amendments to Maxner on October 2, 2012 meeting minutes. Paluzzi moves to approve the minutes as amended. Seconded by Buchsbaum. The motion carries 7 -0. New: Expenditure Approvals: Paluzzi moves to approve $525.00 payable to Jeffrey Roelofs, the Commission's special council relative to the 50 Dunham Road ANRAD appeal, for his services rendered for the month of October. Seconded by Squibb. The motion carries 7 -0. Maxner notes that Greenbelt is running its Annual Appeal fundraiser and has sent a request for contribution from the Commission; she explains the Commission already maintains an annual membership with Greenbelt at $100 a year. Discussion ensues about how the Commission can update its membership as its donation and passes on contributing to the annual fund. Other Business Discussion ensues about scheduling Commission's holiday party on Friday, December 14. Adiournment Paluzzi moves to adjourn meeting at 9:30 p.m. Seconded by Squibb. The motion carries 7 -0. The next regular meeting of the Conservation Commission is Tuesday, December 11, 2012 at Beverly City Hall, 3 rd Floor Council Chambers.