Loading...
2013-12-10CITY OF BEVERLY PUBLIC MEETING MINUTES BOARD: Conservation Commission SUBCOMMITTEE: DATE: December 10, 2013 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, Bill Squibb Amy Maxner, Environmental Planner 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: 232 -234 Essex Street, DEP File #5 -985 - demolish existing structures, construct child care facility and associated parking, install utilities, stormwater treatment devices, playground area and landscaping — Walker Realty, LLC Maxner explains the applicant has requested a continuance to the January 7, 2014 meeting. Paluzzi moves to continue. Seconded by Bertoni. The motion carries 7 -0. REQUEST for DETERMINATION of APPLICABILITY New: 64 -66 Paine Avenue — replace existing water main, install new water main and forced sewer main — Wesley Card c/o Drinkwater Contracting Co. Maxner reads legal notice. Paul Drinkwater, contractor for the project, summarizes that the project involves abandoning the existing 100 -year old water main and installing a new 12" water main and installation of a new one and a half inch forced sewer main within the shoulder of the road and buffer zone to the IVW located at 66 Paine Avenue. The Commission recently permitted for the septic system for the adjacent lot. The trench will be opened and closed every day and 60' to 80' of water main installed daily (for up to two weeks) of the 330 linear feet. Hay waddle will be used on resource area side. Discussion ensues about three to four, 4 -inch saplings relative to excavation along roadway and that some may have to be removed and be replaced. Paluzzi moves to issue a Negative #3 Determination with the following special conditions: Conservation Commission December 10, 2013 Meeting Minutes Page 2 of 6 1. Erosion controls shall consist of straw wattles securely staked; 2. Erosion controls shall be installed prior to work commencing and verified by the Conservation Administrator; 3. Any unused soils resulting from trench excavation shall be removed from the site; 4. Immediately after backfilling the trench, the exposed soil shall be seeded with a native mix and covered with a layer of hay to protect it from washout; 5. Any tree that must be removed to accommodate the work shall be replaced, at a 1:1 ratio, with a 1" caliper tree, a species native to New England. Seconded by Buchsbaum seconded the motion. The motion carries 7 -0. Recess for Public Hearings Paluzzi moves to recess for public hearings. Seconded by Squibb. The motion carries 7 -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 February 4, 2014 meeting. Paluzzi moves to continue. Seconded by Grant. The motion carries 7 -0. Cont: Foster Street — construct drain connection to municipal system, and associated drainage improvements — Lindallwood Realty Trust c/o John Keilty Maxner reports the Commission received a request for a continuance to January 7, 2014 meeting. Paluzzi moves to continue. Seconded by Squibb. The motion carries 7 -0. Cont: Brimbal Avenue, Phase 1 Route 128 Interchange Improvement — relocate connector road, reconstruct Brimbal Avenue, perform drainage improvements — City of Beverly c/o William Scanlon, Mayor Maxner reports the Commission received a request for a continuance to January 7, 2014 meeting. Paluzzi moves to continue. Seconded by Squibb. The motion carries 6 -0 -1 with Herbster abstaining. New: 232 Essex Street and off Ice House Lane — construct subdivision roadway with associated utilities, grading and stormwater management devices — DiBiase Corporation c/o Paul DiBiase Maxner reads legal notice. John Ogren, Hayes Engineering, representing the applicant, explains the proposal is to construct a new subdivision roadway extending off of the existing road that services the Next Generation Child Care facility (subject to the Certificate of Compliance above) and will service 19 new single - family house lots. The road itself is 26 feet from the closest resource area, side slope grading, stormwater Conservation Commission December 10, 2013 Meeting Minutes Page 3 of 6 BMP installation and landscaping will be within the 25' NDZ. He goes on to explain the stormwater treatment design, which consists of deep sump catch basins, a subsurface Cultec infiltration system and a forebay and detention pond and out to wetlands. He reviews the Stormwater Standards and provides an overview of the drainage calculations. In response to Bertoni's question as to percentage increase in impervious surface due to the roadway and houses, Ogren agrees to provide a table outlining each watershed to the Commission. In response to the Commission's questions, Ogren explains how there are no other places for roadway to be located away from resource area on the property as part of subdivision. Discussion ensues as to the fact that this plan is the yield plan to be used under the OSRD site plan review by the Planning Board. Ogren explains there would be emergency access to Ice House Lane, which was determined by meetings with residents and their opposition to opening up Ice House Lane for more permanent access or building an extension to subdivision. A water tie -in would occur off of Ice House Lane. Discussion ensues as to the locations of the houses and the integrity of the 25' NDZ. Ogren agrees to provide additional information and analysis of the proposed activities in the NDZ and options for mitigation. Maxner suggests the possibility of the City's Engineering Department performing the drainage review, and the City Engineer could provide an analysis and if issues are identified then the Commission can determine next steps relative to what is going to be built. The Commission concurs with Maxner's recommendation. Paluzzi moves to continue to the January 7, 2014 meeting pending a site inspection scheduled for Saturday January 4, 2014 at 9:00 a.m. Seconded by Buchsbaum. The motion carries 7 -0. The property owner states that he was fine with abutters attending the site visit. The Commission asks that the houses closest to the wetland and centerline of the roadway be staked for the visit. New: 15 Cole Street — construct attached 2arne, abandon existing septic system and connect to City sewer — Jeanne McKenna Maxner reads legal notice. Robert Griffin, Griffin Engineering, representing the applicant explains the proposal is to construct an attached one -car garage, abandon the existing subsurface septic system and connect to City sewer. Work to take place within the 100 -foot buffer zone to BVW and the wetlands were flagged. The ZBA granted a variance in October 23, 2013 for the 18' by 20' garage. Griffin notes that a pump chamber would be located 50' from BVW near corner of proposed garage and erosion controls would be installed downhill from proposed work. Discussion addresses 360 feet of increased impervious surface and location of an existing manicured lawn, and no work is proposed within the 25' NDZ. Griffin states that slope would butt up to the garage foundation and cross wall. Access to install pump chamber would be on the side of the house, old system will be pumped and chambers crushed and filled with sand. Paluzzi moves to close the hearing. Seconded by Grant. The motion carries 7 -0. Conservation Commission December 10, 2013 Meeting Minutes Page 4 of 6 OLD/NEW BUSINESS New: 50 Enon Street, Dawson's Hardware — Modification to Special Permit and Site Plan Approval — Planning Board Request for Comments Maxner states that the modification to the site plan that the Planning Board would be considering later this month involves a 1,500 square foot addition of the outside storage area toward the rear, north of the property. There is a stormwater detention system in place and a catch basin would be added to drain into the existing basin. Mr. Dawson explains that the storage would not be covered and used to store shrink- wrapped materials that do not include fertilizer or herbicide. Discussion addresses how Wenham Lake is located over 100' away and Planning Board will review relative to water overlay district. Maxner explains that an isolated wetland was determined to be non - jurisdictional by the Commission in 1994 — which pre -dated the local Ordinance. This off -site IVW is more than 100 feet away from the northern property boundary and the modification is outside the buffer zone. Paluzzi moves for the Commission to send the Planning Board a letter saying the Commission has reviewed the Dawson application and it has no concerns regarding wetland issues. Seconded by Bertoni. The motion carries 7 -0. New: 89 Herrick Street, The Herrick House — Modification to Site Plan Approval — Planning Board Request for Comments Matt Webber, of Beals Associates, summarizes plan relative to access from Herrick Street and notes parking deficit at site and proposal to add parking without any additional construction. The site plan modification involves expansion of the parking lot by constructing 20 new spaces and re- striping an adjacent parking area to increase it from 8 to 11 spaces. He notes that a 3' wide stone infiltration trench will be installed to collect drainage, noting that all of the work will be located outside the 100 -foot buffer zone to a wetland located to the east. Re- striping of spaces is the closest activity to the buffer zone. Stormwater will be directed to infiltration trench from parking spaces and during a 10 -year storm it would fill and overflow to nearby catch basin that drains into detention pond and wetland. Discussion ensues about how 12' wide van space would provide access to shed that contains sand and salt behind the paved area, all outside of the buffer zone. Paluzzi moves for the Commission to send a letter to the Planning Board noting that the Commission has reviewed and the Commission has no concerns. Seconded by Buchsbaum. The motion carries 7 -0. Election of Officers — Chair & Vice Chair Maxner states that David Lang and Anne Grant are leaving the Conservation Commission and this is the last meeting for both. She notes that it is time to consider electing a new Chair and vote in the Vice Chair as well. Paluzzi nominates Chris Bertoni as Chair. Seconded by Buchsbaum. Bertoni accepts the nomination. Paluzzi nominates Robert Buchsbaum as Vice Chair. Buchsbaum accepts Conservation Commission December 10, 2013 Meeting Minutes Page 5 of 6 the nomination. Stephanie Herbster moves to elect Chris Bertoni as Chair and Robert Buchsbaum as Vice Chair. Seconded by Squibb. The motion carries 7 -0. Bertoni reads a letter she prepared thanking David Lang for his service to the Commission as well as guidance he has provided her as a new member. Lang states that he would still be involved and will be available for questions or advice. He explains that he has enjoyed his time serving on the Commission all these years and believes that the Commission has a great group of members who will serve the City well. Update on Draft Revisions to Regulations Discussion ensues about how language on red -line copy of the Regulations as to vernal pool definitions is fine as is. In regard to Dunham Road decision, Bertoni and Grant suggest that not calling out buffer zone as a resource area in the Beverly ordinance since it caused problem with judge's decision. Grant notes that she had looked at ordinances in Newburyport and Manchester where buffer zone was not called a resource area. Discussion ensues if the buffer zone is not called a resource area should the 25' NDZ still remain. Maxner suggests the Commission try to complete the update by March, which would require a public hearing. Expenditure Approvals Paluzzi moves to pay Attorney Jeff Roelofs $3,194.52 for June invoice. Seconded by Squibb. The motion carries 7 -0. Bertoni moves to pay Attorney Jeff Roelofs $800 for November invoice. Seconded by Paluzzi. The motion carries 7 -0. Paluzzi moves to pay $162 to City Solicitor's office for title search done for the Gradwhol parcel off of Pole Swamp Lane. Seconded by Grant. The motion carries 7 -0. Review of Minor Proiect Permits Issued by Agent Maxner states that she issued a minor project permit for 50 Dunham Road for performing test pits. Members reviewed the permit and had no comments. Approval of Minutes — October 1, 2013 Members provide amendments to Maxner. Paluzzi moves to approve the amended October 1, 2013 minutes. Seconded by Buchsbaum. The motion carries 6 -0 -1 with Grant abstaining. Orders of Conditions 15 Cole Street — Jeanne McKenna Conservation Commission December 10, 2013 Meeting Minutes Page 6 of 6 Discussion ensues as to possible conditions for the project. Paluzzi moves to issue Standard Conditions and the following Special Conditions: 1. Erosion controls shall consist of straw wattles securely staked in the ground. 2. Mowing of the triangular section of wetland between Wetland Flags A -6 and A -7 shall cease (see attached annotated map). This area shall be left to grow and naturalize. This condition shall survive in perpetuity beyond the issuance of a Certificate of Compliance. Seconded by Buchsbaum. The motion carries 7 -0. 443 Essex Street Gas Station Maxner states that 443 Essex Street has asked for a minor project permit to put a canopy over the gas island and this would entail installing four new columns within the existing concrete service island and would be over 50' from wetland and within already disturbed area. She notes that this site has an outstanding Order of Conditions for site reconfiguration and informed the applicant that she would inquire with the Commission as to whether the canopy can be installed absent a Certificate of Compliance. Discussion ensues about how Certificate of Compliance has to be completed first before minor modification permit can be issued. Members agree to deny the request for a minor permit for the canopy and require that a C of C be secured. Boulder Lane Parcel Offered to Conservation Commission Maxner notes that there is a parcel owned by the estate of Alfred Donovan that is being offered to the Commission as a donation. She explains that the parcel is off of the unconstructed portion of Boulder Lane, about 1.63 acres in size. Discussion ensues as to the Commission's inclination to accept the parcel but that site conditions should be investigated. Maxner offers to visit the site with GIS Coordinator Roland Adams and observe conditions to ensure there are no issues. Paluzzi moves to accept the parcel pending site investigation by Maxner. Seconded by Bertoni. The motion carries 7 -0. Adiournment Bertoni moves to adjourn at 9:04 p.m. Seconded by Herbster. The motion carries 7 -0. The next regular meeting of the Conservation Commission is Tuesday January 7, 2014 at 7:00 p.m., Beverly City Hall, 191 Cabot Street.