Loading...
2013-10-01CITY OF BEVERLY PUBLIC MEETING MINUTES BOARD: Conservation Commission SUBCOMMITTEE: DATE: October 1, 2013 BOARD MEMBERS PRESENT: David Lang, Chairman, Tony Paluzzi, Vice Chairman, Christine Bertoni, Robert Buchsbaum, Stephanie Herbster and Bill Squibb BOARD MEMBERS ABSENT: Anne Grant STAFF MEMBERS PRESENT: Amy Maxner, Environmental Planner OTHERS PRESENT: RECORDER: Jane Dooley Lang calls the meeting to order at 7:00 p.m. at Beverly City Hall, 3 rd Floor conference room, 191 Cabot Street, Beverly, MA. CERTIFICATE OF COMPLIANCE New: 188 Elliott Street, DEP File #5 -1051 - restore existing drainage within BVW to vegetated swale — Christ the Redeemer, Anglican Church c/o David Greening Maxner states that the Order, issued in May of 2011, governed repair /replace existing drainpipes within church parking lot including restoration of existing drainage swale within BVW, installation of bituminous berm at edge of parking lot and removal of dumped piles of soil and debris from immediately adjacent to BVW. Maxner provides the Commission with photos from her final site inspection where she had met with David Greening. She mentions how the bottom of the swale wasn't as vegetated as they would like, check dams have been removed and Church will be working with Bill Manuell to get the seed mix specification to reseed before the winter. The side slopes are vegetated and stable. The terminal end is rip -rap in good condition. There is some evidence of sedimentation from side slopes or clogged pipe so she recommends long term condition that they are allowed to remove sediment as it builds up. Maxner notes that a lot of invasive species removal was done in the area that was overgrown with bittersweet. She notes this will require a long -term condition to allow ongoing maintenance. She adds that the swale will need regular maintenance such as mowing and there is a patch of Phragmites in the wetland that they want to make sure does not creep into the swale. Also, four No Disturb markers need to be installed per Special Conditions along where the erosion control was located along the wetland. Paluzzi moves to issue a Certificate of Compliance that will be withheld until grass is growing on the swale, and the No Disturb markers are in place and grant the waiver from the PE certification and as -built plan requirements. Seconded by Buchsbaum. The motion carries 6 -0. The Commission moved to the Council chambers. Conservation Commission October 1, 2013 Meeting Minutes Page 2 of 7 New: 32 Tozer Road, DEP File #5 -1028 — extend & repave access drive, add curbing, walkways and install stormwater management devices — Cell Signaling Technology, Inc. Maxner states that the Order, issued in March of 2010, governed upgrades, adjustments and extensions to paved access driveway, curbing and sidewalks and installation of sub - surface stormwater management device within the 100 -Foot Buffer Zone to Bordering Vegetated Wetland. Maintenance reports for catch basin and infiltration system have been supplied satisfying the special condition. Maxner notes that inspection was done and the site is stable. The company does annual catch basin cleaning on both of its properties. Buchsbaum moves to issue a Certificate of Compliance. Seconded by Paluzzi. The motion carries 6- 0. REQUEST FOR DETERMINATION OF APPLICABILITY New: 44 Trask Street — construct deck to support hot tub — Theodore Parson Maxner reads legal notice. Mr. Parson explains his plan is to remove the lower deck and extend the existing deck at the rear of the house to support hot tub, the new deck to measure 12'1" x 97' parallel to the house. The deck will be supported by 12" concrete sono tube footings. Maxner states that the new part of the deck will come no closer than where the existing deck is presently located and it would be 40' to the existing fence, which is at the edge of the wetland. Discussion ensues about work to be done by builder including use of bob cat excavator and if holes for installation of 10 or 12 sono tubes would be dug by with an auger, and that removed soils would only be allowed to remain on site if they were relocated to outside of 25' No Disturb Zone (the Commission would have to inspect) or would have to be taken off site. Discussion ensues about chemicals that would be used with hot tub and that they would be self - contained as part of the system. Paluzzi moves to issue a Negative # 3 Determination with the condition that soil produced from sonotube footing excavation shall be removed from site and disposed of at an appropriate facility. Seconded by Bertoni. The motion carries 6 -0. New: 39 Beaver Pond Road — upgrade septic system — William Frost Maxner reads legal notice. Brian Farmer, Northeast Environmental Engineering, representing the applicant describes septic system upgrade involving removing the existing septic system with septic tank and gravity leaching field is within the 100 -foot buffer to BVW to Norwood Pond. He notes that the plan was submitted to the Board of Health and he has not received any comments related to technical deficiencies. Conservation Commission October 1, 2013 Meeting Minutes Page 3 of 7 He explains the old pre -cast tank would be pumped dry, and a hole punctured in the bottom to ensure there is no ponding, crushed and filled. Some soil would be removed from the site related to the new 1,000 - gallon tank installation. The new septic tank and pump chamber would be located in the existing leaching field area. Test pits did not reveal groundwater and perc rate was less than two minutes per inch. Maxner recommends the following Special Conditions: ➢ Erosion control installation shall be inspected by the Commission or its Administrator prior to work commencing; ➢ Immediately after backfilling and finish grading, the exposed soils shall be seeded with a native seed mix and covered with hay to protect seed and soil from washing or eroding during runoff events; Farmer said the work would be done in the spring. Paluzzi moves to issue a Negative #3 Determination with conditions as noted by Maxner. Seconded by Bertoni. The motion carries 6 -0. New: 1 Brookwood Road, Brookwood School — extend gas main — Boston Gas d/b /a National Grid Maxner reads legal notice. Sergio Bonilla with Coneco, explains the applicant (National Grid) is proposing to install 1,400 feet of gas main extension from Hale Street into the campus and make the final connection at the Brookwood school building. Bonilla notes the BVW and describes how proposed work would be done on easterly side due to utility poles, overhead wires and underground grounding equipment as well as groundwater levels. He speaks to the work within the 25' NDZ involving digging a trench from 1 to 2 feet wide and 2 -3 foot depth that will take place within paved parts of the Brookwood Road access drive and the grassy shoulder on pond side of drive. He mentions that crew does street sweeping on a daily basis. Discussion ensues about test pits done where groundwater was not found. The representative notes that he would recommend use of silt sacks as part of a permitting memo and it would address de- watering chamber if any pumping is required and water is filtered. In response to Bertoni, Bonilla explains that the work is being done in the shoulder area rather than existing paved area to minimize the school traffic disturbance and shorten the length of time to complete project. Discussion ensues about stream crossing and how when the ground is cut for the narrow trench it would go under the culvert. Bonilla suggests that there are two weeks of seeding time left this season for seed to germinate. He adds that some area of the work would be under Manchester By- the -Sea's jurisdiction. Maxner recommends the following Special Conditions: Conservation Commission October 1, 2013 Meeting Minutes Page 4 of 7 ➢ Erosion control installation shall be inspected by the Commission or its Administrator prior to work commencing; ➢ Immediately after backfilling the gas line trench, the exposed soils shall be seeded with a native seed mix and covered with hay to protect seed and soil from washing or eroding during runoff /rain events. ➢ The areas of construction shall remain in a stable condition at the close of each construction day; ➢ Erosion control devices shall remain in place and properly functioning until all exposed soils have been stabilized with final vegetative cover and the Commission and /or its Administrator has authorized their removal. Discussion ensues as to the Commission's findings granting a waiver to the 25' NDZ. Paluzzi moves to issue a Negative #3 Determination and Negative #2 Determination with findings as discussed and conditions as recommended by Maxner. Seconded by Buchsbaum. The motion carries 5 -1 with Bertoni opposed. Recess for Public Hearings Paluzzi moves to recess for public hearings. Seconded by Squibb. The motion carries 6 -0. 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 reports the Commission received a request for a continuance to October 22, 2013 meeting. Bertoni moves to continue. Seconded by Paluzzi. The motion carries 6 -0. Cont: 10 -12 Congress Street, DEP File #5 -947 — Request for Amended Order of Conditions — replace existing deteriorating seawall with stone rip -rap slope — Beverly Office Development, LLC Maxner reads the corrected legal notice. Mary Rimmer, Rimmer Environmental Consulting, representing the applicant recalls the Commission members visited the site on Saturday, September 28, 2013. She summarizes that there are areas where the wall extends for the whole length of the property have deteriorated and failed, boulders would be used inland with backfill behind the wall so there would not be land under ocean displacement. Rimmer mentions that work on the new rip -rap revetment wall would occur before any other site work on the property. Discussion ensues about a new special condition where a project engineer or surveyor would stake the actual limit of old vertical wall in the field and that Administrator would inspect the surveyed line. Rimmer states that record of conditions plan was submitted with 2007 filing and that can be used as reference. Conservation Commission October 1, 2013 Meeting Minutes Page 5 of 7 Discussion ensues as to whether a new Notice of Intent should be required. Rimmer explains that she contacted Maxner and discussed this. She notes that it made sense to amend the existing Order of Conditions as the change in seawall design impacted site grading and walkway layout. She notes that the same amount of information and abutter notification for a new NOI has been provided for the amendment request. Discussion addresses filter fabric at the site when it was excavated and backfilled for stability and if erosion has occurred under filter fabric. Rimmer mentions that the profile of the rip rap slope is 6' so there would be extensive excavation and filter fabric would be removed. Lang suggests the LSP could verify where excavation stopped. Bertoni comments on the fabric and suggests it was placed for backfilling or to cover rough areas so substrate does not come through and not filter. Nancy Marino, 9 Welman Street, expresses interest in having the project started but notes that in her research she found a 2003 FUSRAP report from DOE that made her concerned about how no remediation was done within 12 feet of the deteriorated seawall. She and her neighbors would like to understand what protocol would be used and notes that this remains a sensitive area in the neighborhood. She agrees to send the link to the report to Maxner. Alexander explains that a thorough cleanup was done including excavation into the ocean and says there are no restrictions on the property. Squibb states that testing for mercury was done outside but not inside of the seawall. Rimmer reads from professional opinion by LSP that had been on the site in 2004 relative to no further mediation being required at the site. Discussion ensued about the Commission's jurisdiction and chemical testing in resource areas. Alexander states that the site has been certified by the Department of Energy as safe for public use. Lang states that it depends upon what the report says and if there is a complete disconnect between where the material was and where the seawall was then the Commission should be responsible for what it approves and this could become a Board of Health public safety issue. He suggests that the Commission needs to review and interpret the report to determine if the seawall collapsing has any impact on the Commission's decision relative to containment of material. Discussion ensued about whether or not AUL had a limitation. The Commission asks the applicant to continue the hearing and provide additional information on whether the seawall was part of any confining device for the material that was left behind and if there is any risk or changing conditions because the seawall deteriorated. Alexander agrees. Paluzzi moves to continue to the October 22, 2013 meeting. Seconded by Buchsbaum. The motion carries 6 -0. New: Foster Street — construct drain connection to municipal system, and associated drainage improvements — Lindallwood Realty Trust c/o John Keilty Maxner reads legal notice. Bob Griffin, Griffin Engineering representing the applicant, explains the project involves extending a municipal drain line and improving existing street drainage within the Foster Street roadway as related to a proposed 5 -lot cluster residential subdivision at 30 Foster Street. He explains the subsurface retention system will be installed to capture peak stormwater runoff and then release it to the new drain line and City system. Griffin enumerates permissions within wetlands regulation that allow this type of a project (some work will be within 25' No Disturb Zone since there is no Conservation Commission October 1, 2013 Meeting Minutes Page 6 of 7 practical alternatives). He estimates that the work will take a week to perform and erosion controls will be installed south of work area. Discussion ensues about the possibility of encountering ledge outcroppings and if it is a small amount it would be hammered out or if this is inefficient drilling and blasting would be done. Griffin notes that summary of the drainage calculations were provided with the NOI and there has been no changes to the design since final approval was received from Planning Board in 2010. He states that it conforms to DEP stormwater management standards. He notes that the drawings associated with subdivision and drainage went through the City's Engineering Department as well. Griffin mentions that the groundwater is lower than elevation 52, and that pipe should be laid in a couple of days. Discussion ensues about how retention pond would hold infiltration. Griffin notes that area going into the wetland has some rip rap and flat pipe coming out of catch basin where the flow would not have significant velocity. He believes the project will lessen the ponding in the street and would improve quality of water coming out of pipe and a sub - standard catch basin will be replaced with a new one. Chet Walsh, 29 Foster Street, suggests that there could be missing information in the NOI relative to the project description, which states that no impervious surfaces are being introduced. Discussion ensues as to work in the buffer zone, with Maxner explaining that the 100 -foot buffer zone does not encumber the subdivision itself Mr. Walsh expresses his concern about new paving versus existing permeable material and potential increase in stormwater moving faster across the street. Discussion addresses how the Commission would be concerned about induced flooding. Griffin refers to Table 5 in NOI relative to how there will be less flow rate and volume after construction. Mike Bright, 224 Common Lane, speaks to swamp across the street on the corner that rises up and drains into a pipe under the railroad tracks to the brook and fills the wetland area. He suggests that the project will exacerbate the problems. Jenna Bright, 224 Common Lane, mentions that neighbors clean out the culvert under the railroad tracks to keep brook flowing. Dan Spencer, 14 and 16 Foster Street, describes water problem in the area that has caused damage at his property due to flooding and he suggests the project introducing impermeable surface would be troublesome for the area relative to impact of stormwater. Christine O'Brien, 31 Foster Street, explains that the Planning Board initially denied the project followed by an appeal, which resulted in approval but the neighbors were not informed of any if this. She explains that as a 30 -year resident in the area, she has noticed flooding has become worse over the years where she has experienced basement damage and has sought legal advice that stated the City was grandfathered to direct stormwater onto resident property but that this could not occur with developers. A resident mentions to the Commission that photos of flooding in the area were provided to the Planning Board. Discussion ensues where the Commission states its responsibility to make sure the project is in compliance with the relevant wetland and stormwater regulations. Discussion ensues as to naturally occurring flooding impacting residences located in high water table areas in the City. The drainage calculations were reviewed by CDM during the Planning Board hearing process, and there were no further comments based on final revisions made by Griffin. Griffin summarizes that the land is 5.2 acres in size with an existing house and narrow driveway, the proposal is to construct a 300' hammerhead - shaped roadway with 10% grade at steepest portion of site and there will be underground retention structure so water will flow out slowly. He notes that most of water will flow Conservation Commission October 1, 2013 Meeting Minutes Page 7 of 7 to the north from the five houses in the cluster subdivision, which requires less pavement and frontage than a conventional subdivision. The closest work to the BVW is 250'. No construction would occur in the forested area noted on the plan. Elizabeth Bates, 28 Foster Street, explains that her house is located directly below where the houses and roadway would be constructed and she is very concerned about flooding. Griffin explains that both proposed catch basins are storm scepters that would have more capacity than ordinary catch basins. He notes that there is a maintenance plan that subdivision homeowners would pay for to maintain the drainage system. He adds that ledge is considered to be impervious surface. Discussion ensues about how the ledge would be cut to allow for the house foundations but some ledge would remain on the property. The Commission schedules its site visit for Saturday, October 5, 2013 at 8:00 a.m. at the location where the subdivision and catch basins would be on Foster Street. Paluzzi moves to continue until the October 22 meeting. Seconded by Bertoni. The motion carries 6 -0. OLD/NEW BUSINESS New: Minor Proiect Permits Issued by Administrator Maxner explains she issued a minor project permit for installation of three geothermal heating units within very outer reaches of the 200' Riverfront Area. Commission members review the permit and plans and have no comments or concerns. New: Expenditure Approvals Paluzzi moves to approve reimbursement to Amy Maxner for $280 for her mileage (502 miles). Seconded by Buchsbaum. The motion carries by 6 -0. Approval of Minutes — July 2, 2013 and July 30, 2013 The Commission provides amendments to Maxner. Paluzzi moves to approve the July 2, 2013 meeting minutes as amended. Seconded by Buchsbaum. The motion carries 6 -0. The Commission provides amendments to Maxner. Buchsbaum moves to approve the July 30, 2013 meeting minutes as amended. Seconded by Paluzzi. The motion carries 6 -0. Adiournment There being no further business before the Commission, Paluzzi moves to adjourn at 9:40 p.m. Seconded by Herbster. The motion carries 6 -0. The next regular meeting of the Conservation Commission is Tuesday, October 22, 2013 at Beverly City Hall, 191 Cabot Street.