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2013-01-08CITY OF BEVERLY PUBLIC MEETING MINUTES BOARD: SUBCOMMITTEE: DATE: BOARD MEMBERS PRESENT BOARD MEMBERS ABSENT STAFF MEMBERS PRESENT OTHERS PRESENT: RECORDER: Conservation Commission January 8, 2013 David Lang, Chairman, Tony Paluzzi, Vice Chairman, Christine Bertoni, Robert Buchsbaum, Anne Grant, Stephanie Herbster, 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. Recess for Public Hearings Bertoni moves to recess for public hearings. Seconded by Buchsbaum. 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 Maxner explains that MEPA has just completed its site inspection relative to the ENF this past Friday, therefore the applicant has asked that the hearing be continued to the January 29, 2013 meeting. Paluzzi moves to continue. Seconded by Grant. The motion carries 7 -0. Cont: Bonad Road, Lot 1— construct new single- family house and associated appurtenances — 2 Bonad Road Trust c/o Andrew Santin & Cont: Bonad Road, Lot 2 — construct new single- family house and associated appurtenances — 2 Bonad Road Trust c/o Andrew Santin Maxner explains that the applicant's engineer is working on drainage capacity solutions and has requested that the hearings be continued to the January 29, 2013 meeting. Buchsbaum moves to continue. Seconded by Squibb. The motion carries 7 -0. Conservation Commission January 8, 2013 Meeting Minutes Page 2 of 6 Old/New Business New: 400 Hale Street, DEP #5 -1072 — Request for Minor Modification — Endicott College c/o April Ferraro, Meridian Associates April Ferraro, engineer with Meridian Associates and Dennis Monaco with Endicott College are present. Ferraro explains that an Order of Conditions was issued in November of 2011, allowing the demolition of the existing "West Classroom Building" and construction of a new Life Sciences academic building, new parking area and pedestrian walkway improvements and installation of stormwater management facilities. She notes that work is taking place within 100 - foot buffer zone to bordering vegetated wetland and inland bank of the college pond. She provides a review of the plan to refresh the Commission on project elements, noting that some minor changes to the building entrance were reviewed and approved by the Commission subsequent to the original approval. Ferraro goes on to explain that the main modification relates to a change in the stormwater structure, originally designed as an open detention basin, which has been reconfigured to a subsurface detention chamber — which is outside the 100 -foot buffer, but eventually discharges into the buffer and ponds. She notes that the original surface basin was not designed to provide any type of water quality treatment, but only for storage and peak flow control. The new design is essentially a 1:1 trade off, and captures the same amount of volume, as the calculations have been run and a synopsis provided in the letter addressed to the Commission. She notes there are also changes to the parking layout, which results in about 850 square feet reduction in impervious surface from the original plan. Squibb asks a question as to the narrative versus the plan regarding the number of chambers in the subsurface chamber. Ferraro clarifies that the number of chambers is indeed 9 rows and points to the plan. Lang asks what the operation and maintenance protocol is for the subsurface chambers as opposed to the surface detention basin. Ferraro notes that she is not sure, but ventures to guess that the inlets and outlets would be inspected at least once per year, and because this system is not providing treatment there is less worry about high maintenance protocol. Bertoni asks whether the impervious surface calculations are a comparison between the original plan of the first modified plan. Ferraro notes that they compared from the original plan, but notes that the first modified plan was also a slight decrease in impervious, therefore not impacting the overall drainage design. Lang asks if there are any other questions from the members. There being no further questions, Paluzzi moves to approve the minor modification. Seconded by Grant. The motion carries 7 -0. New: Whitehall Circle, DEP File #5 -862 — roadway sweeping, catch basin cleaning and protection per Order of Conditions — David Carnevale Maxner states that the Commission issued an Order of Conditions for a subdivision roadway up off of Boyles Street in 2008. She describes how part of the Special Conditions #35 and 37 Conservation Commission January 8, 2013 Meeting Minutes Page 3 of 6 require roadway sweeping, catch basin cleaning and protection, which is also all part of the developer's EPA Stomrwater Pollution Prevention Plan. She notes that these conditions have not been followed as diligently as they should be and she sent an email to the developer and project engineer requesting that they address these conditions as the roadway and catch basins are experiencing sedimentation from the open lots. She notes that she has not heard anything from either of them, despite having them alerted that this would be a topic of discussion this evening. She notes that she visited the project site today and none of the directives in her email have been addressed, and she shows photos of conditions. Lang notes that this was a contentious project that took years to get approved after litigation with the neighbors. Maxner mentions that it has been difficult to get compliance and each individual lot is coming before the Commission under a separate Order. Maxner has verbally reminded the developer out in the field when she is checking other lots of the need for compliance with these conditions. Lang suggests the developer be given five to seven days to sweep the street and take action on other items outlined in Maxner's email to get this back in compliance or fines will be assessed at $200 a day for every day that compliance is not met. Discussion ensues about the appropriateness of Commission getting the bill of Lading for catch basin cleaning to ensure this work gets done and this also applies to the installation of silt sacks. Members suggest that Maxner carbon copying engineer Bob Griffin and Henry Bertolon, DEP, and City's Engineering Department. Members agree that the enforcement order should be sent via certified mail and first class mail as well as email. Lang concurs that the developer should be given seven days to clean the catch basins, sweep the streets, and install the erosion control silt sacks. Maxner notes that open lots are a big source that can be difficult to control. Lang states that the developer is responsible for the roadway and keeping it clean by controlling what comes off of each lot that drains toward the street. Discussion ensues about how weekly street cleaning might be necessary and that one lot in particular needs protection where the house is out of the buffer zone. Commission also addresses that sediment is going to detention basin that should not be overloaded. Paluzzi moves to issue an Enforcement Order with the following directives: ➢ All catch basins within the project roadway shall be cleaned and proof of cleaning in the form of the Bill of Lading shall be submitted to the Commission upon completion of cleaning; ➢ All catch basins in the project roadway, including those catch basins located in public right -of -ways within 400 feet of the project shall be protected with silt sacks; ➢ The project roadway shall be swept and proof of sweeping shall be submitted to the Commission upon the completion of sweeping; ➢ The above - listed directives shall be completed no later than Thursday January 17, 2013 by the end of business day (4:30 p.m.); Conservation Commission January 8, 2013 Meeting Minutes Page 4 of 6 ➢ A fine of $200.00 per day shall be assessed for every day beyond the January 17, 2013 deadline that these directives are not completed in their entirety. Seconded by Squibb. The motion carries 7 -0. New: 275 Hale Street — unauthorized fence installation — Rebecca Douglass Maxner refers to enforcement letter the Commission sent to Ms. Douglass about the unauthorized fence installation on the coastal bank and buffer zone. She explains that Ms. Douglass had contacted her right after she received the letter and reported that she is working with DeRosa Environmental and they will be submitting a permit application for a Request for Determination of Applicability to be addressed at the January 29 Commission meeting. Maxner explains that based on the initial site investigation by DeRosa staff it appears that the fence as it sits now is in the buffer zone but outside of the No Disturb Zone. Even with that, Ms. Douglass is planning to remove one and a half sections of fence that are closest to the wetlands. Maxner states that there is nothing preventing the applicant from submitting an application. New: Review of Minor Proiect Permits Issued by Agent since last meeting Maxner states that no minor project permits have been issued since the Commission's last meeting. New: Expenditure Approvals Paluzzi moves to approve mileage reimbursement for Maxner for $194.80 for 487 miles she accumulated from September through December 2012, and an invoice from Richard Nylen for $260 for special counsel relative to 875 Hale Street appeal of the Commission's Minor Modification. Seconded by Squibb. The motion carries 7 -0. Bertoni moves to approve the invoice from Attorney Jeff Roelofs for $1,774.46 for 50 Dunham Road ANRAD appeal for work done during the first half of December involving assembling copy of administrative record. Seconded by Paluzzi. The motion carries 7 -0. Maxner explains the rationale behind Conservation Administrator's annual stipend of $5,500, which is dispersed on a monthly basis, is meant to augment her regular City salary to be commensurate with her counterparts across the North Shore. The stipend is paid out of the Commission's NOI state fee fund. Lang acknowledges that Maxner performs complex functions for the Commission and executes the job well and this stipend is a way to compensate her fairly and in line with her colleagues. Paluzzi moves to approve Conservation Administrator's annual stipend of $5,500. Seconded by Grant. The motion carries 7 -0. Review of Draft Enforcement Letters Conservation Commission January 8, 2013 Meeting Minutes Page 5 of 6 5 Leather Lane — Wood Harvesting Maxner notes that she was contacted by a resident on Leather Lane concerning wood harvesting and cutting within the wetland and buffer zone in the vicinity of 5 Leather Lane. She explains that Dr. and Mrs. Glenney live at 5 Leather Lane, which is also next to a vacant lot that is in tax title, owner unknown. She explains that a neighbor who lives diagonally to the Glenneys, has reported that they are harvesting dead wood and fallen brush, and the understory has been cleared. She explains that she conducted a site visit, and observed freshly sawed stumps, a general absence of under story growth in areas and the areas of activity are within the wetland and buffer zone and is on both the Glenney's land and the abutting tax title land. She notes there is a woodshed near the street, where the Glenneys store wood apparently for heating their home. She asks the Commission to review the draft letter ordering the Glenney's to cease and desist from further cutting. Discussion ensues about Glenneys having a chicken coop adjacent to the wetland and that they should be asked to move it as well outside the 25' NDZ. Lang suggests the resident be given from 30 to 60 days to move the chicken coop. Oceanfront Yard Waste Dumping Maxner describes letter that she has drafted to residents that have oceanfront property about not depositing leaves in the ocean as she has received a couple reports this past fall about yard waste being deposited into the ocean. Discussion ensues about the environmental impact and whether this should be a more global City -wide letter. Buchsbaum states that for now, approaching and informing the oceanfront property owners is more manageable. Discussion ensues as to other ways to reach out to the citizens of Beverly and educate them on the Commission's regulatory authority. Lang notes that the beauty of the City's wetland resources should be highlighted at the same time. Members review the letter, and make suggestions. Bertoni states that the letter should come from Chairman Lang. Members agree. Maxner states she will work with Roland Adams the City GIS Coordinator to get a list of oceanfront owners and mail this out. Discussion ensues as to a similar letter to the various landscape companies, with a suggestion that Maxner reach out to other North Shore Commission Administrators to see if they have a list of landscapers to start a contact list. Approval of Minutes Members provide amendments to Maxner on draft November 13, 2012 meeting minutes. Paluzzi moves to approve the minutes as amended. Seconded by Grant. The motion carries 7 -0. Members provide amendments to Maxner on the draft December 11, 2012 meeting minutes. Paluzzi moves to approve the minutes as amended. Seconded by Bertoni. The motion carries 7 -0. Other Business Maxner informs the Commission that National Grid is gearing up to start their reconsolidation and remediation project at their River Street facility and per the special conditions of the Order, a Conservation Commission January 8, 2013 Meeting Minutes Page 6 of 6 check for $12,000 has been received from Grid to fund the Commission's hiring of an LSP to conduct independent monitoring. Maxner notes that an LSP will need to be chosen and a plan for monitoring developed. Lang suggests that Maxner check in with Joe Higgins (Grid's LSP) as to their own monitoring schedule. Maxner explains to Commission that at its next meeting they need to nominate and elect officers, so members should start thinking about candidates. Maxner notes that the MACC conference is coming up and that Commission member registration fee is reimbursed by Commission funds. Maxner suggests the Commission form a sub - committee to review revisions to the Commission's Regulations. She has revisions that were drafted a few years ago that would be a good starting point. Lang notes that this set of revisions should be circulated and a sub - committee be discussed at the next meeting. Discussion ensues about Commission's CPA representative. Maxner explains that CPA ad hoc committee has been appointed including three people chosen by City Council, three people by the Mayor and a couple of people from campaign committee. The Commission will have a permanent seat on CPA committee and she suggests members start thinking about nominations for its representative. Lang notes the Commission also has vacant seats on Golf and Tennis Commission and Open Space and Recreation Committee, noting that Bill Squibb is on the Open Space Committee as Ward 3 representative and does serve as a Commission representative by default. Adjournment Paluzzi moves to adjourn the meeting at 8:20 p.m. Seconded by Squibb. The motion carries 7 -0. The next regular meeting of the Conservation Commission is Tuesday, January 29, 2013 at Beverly City Hall, 3 rd Floor Council Chambers, 191 Cabot Street, Beverly, MA.