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2014-04-01CITY OF BEVERLY PUBLIC MEETING MINUTES BOARD: SUBCOMMITTEE: DATE: BOARD MEMBERS PRESENT BOARD MEMBERS ABSENT STAFF MEMBERS PRESENT OTHERS PRESENT: RECORDER: Conservation Commission April 1, 2014 Christine Bertoni - Chair, Robert Buchsbaum - Vice Chair, Paul Knight, Tony Paluzzi, Robert Russo, and Bill Squibb Stephanie Herbster Amy Maxner, Environmental Planner Jane Dooley Bertoni calls the meeting to order at 7:00 p.m. at Beverly City Hall, 3 rd Floor, 191 Cabot Street, Beverly, MA. CERTIFICATE OF COMPLIANCE Cont: 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 reports that the Order of Conditions issued in October 2008 governing construction of a new childcare center and construction was completed. She conducted a final site inspection in November and identified several outstanding conditions that needed to be addressed related to stormwater management signoffs. The Commission has received a statement that the final operation maintenance plan has been received by the party responsible for carrying out the plan for the stormwater system, and the Commission received the illicit discharge compliance statement. Maxner outlined the conditions that should be placed on the Certificate of Compliance in perpetuity including caring out the operation maintenance plan and annual reporting of activities to the Commission. It was noted that all other conditions had been satisfied. Paluzzi moves to issue the Certificate of Compliance with conditions as recommended by Maxner. Seconded by knight. The motion carries 6 -0. Cont: 412 Hale Street, DEP File #5 -1081 — landscape & pedestrian access improvements at academic building — Landmark School Maxner states that the Order, issued in June of 2012, governed pedestrian, landscaping and building facade improvements in a classroom at the center of the campus. Maxner conducted a site inspection with the School's consultant on Monday and although snow was gone, she would like to see survivorship and vigor of plantings before the Commission signs off The School Conservation Commission April 1, 2014 Meeting Minutes Page 2 of 8 agreed to a continuance to May 20, 2014 meeting. Paluzzi moves to continue until the May 20, 2014 meeting. Seconded by Squibb. The motion carries 6 -0. Cont: 412 Hale Street, DEP File #5 -909 — athletic complex, new field, gymnasium & parking — Landmark School Maxner states that this is the same situation as the previous Order where she cannot verify site conditions as she would like to see the area fully vegetated before the Commission signs off Maxner notes that she had prepared a memo that was sent to the School and its consultants addressing outstanding conditions that need to be addressed. Paluzzi moves to continue to the May 20, 2014 meeting. Seconded by Buchsbaum. The motion carries 6 -0. Recess for Public Hearings Paluzzi moves to recess for public hearings. Seconded by Buchsbaum. The motion carries 6 -0. ABBREVIATED NOTICE of RESOURCE AREA DELINEATION Cont: 302 Hale Street, vicinity of Center for Nursing & Healthcare Professionals Building — Endicott College c/o Dennis Monaco Joe Orzel representing the applicant. Orzel explains that the Commission conducted a lengthy site inspection on Saturday March 22 and requested that additional flagging for MHW along the river and bordering vegetated wetland be done to the west of flag RR19. He explains his subsequent visit to the site and the new flags placed in the field. Scott Myers, Oxbow Associates, notes he submitted a letter for the Commission's consideration and recommends that the Commission review the new flags in the field. Also, he inquires if the existing stormwater treatment facility in center of plan is in a potential resource area. April Ferraro of Meridian Associates representing the applicant describes the plan that was in the School's files showing manmade stormwater basin and existing topography underneath where stormwater is directed from impervious area and from roof drains and concludes that this depression is not a resource area, but rather a stormwater feature. Bertoni asks if there are any questions or comments from the audience. Peter Tarr, 3 Brooks Circle, notes he had submitted a letter regarding potential groundwater problems and negative impact from blasting on a neighboring private well and states his opinion that the Commission has jurisdiction over groundwater. He requests that a study be done to ensure there are no problems with groundwater relative to private well. Bertoni notes in ANRAD process the Commission is only looking at delineation of wetland line and that groundwater is not a resource area eligible for delineation. Discussion ensues about allegation that blasting done in the area may have effected groundwater or caused well problem. Tarr provides an overview of concerns that the Commission had when the Stoneridge Montesorri building was constructed. Buchsbaum explains that if the Commission had a project in front of it then it could address a potential groundwater problem. Maxner states that the ANRAD process focuses on whether the Conservation Commission April 1, 2014 Meeting Minutes Page 3 of 8 wetland line is accurate or not. Tarr requests that the Commission have another site walk to review the additional information presented tonight. Dennis Monaco, Endicott College, explains that when the project was started a neighbor had called College and reported low well water pressure. The College investigated and agreed with neighbor and the College replaced well pump and water pressure came up. In addition, the College installed filters which did not work to the neighbor's satisfaction to address sediment. Monaco speaks to College's willingness to provide clean water for the abutters. Barbara Amos, 280 Hale Street, addresses how it was her well that had no water until the College replaced the well pump, there has been a problem with sediment and these problems with the well have been attributed to blasting, and there is ongoing maintenance with filtration. Renee Little, 280 Hale Street, states that the sediment is a result of blasting, and that water test results were never given to the residents, and the water quality in the well is not what it was before project. Gail Nelson, 3 Brook Circle, asks if the Commission will review the proposed hockey rink, Maxner explains situations that would trigger an application with the Commission. Maxner states that she reviews building permits and verifies whether or not a Notice of Intent should be filed, if the project is outside the Commission's jurisdiction then the Engineering and Building Departments would have oversight. The Commission schedules a site walk to review the additional wetland flagging and potential vernal pool on Saturday, April 5 at 8:00 a.m. Abutters will be allowed to join the walk. Paluzzi moves to continue the hearing to the April 29, 2014 meeting. 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 notes that the Commission has received a request for continuance to the April 29, 2014 meeting and the Commission can expect the application to be repackaged and new hearing opened since it was first filed in May 2012. Paluzzi moves to continue hearing until April 29, 2014 meeting. Seconded by Squibb. The motion carries 6 -0. Cont: Foster Street — construct drain connection to municipal system, and associated drainage -- Lindallwood Realty Trust c/o John Keitly Maxner states that the applicant is negotiating with neighbors so there has been a delay in moving forward with a peer review of the drainage (funds from the applicant are still needed). The applicant has asked for a final continuance to the April 29, 2014 meeting and if they cannot reach an agreement they may withdraw the NOI completely. Squibb moves to continue to the April 29, 2014 meeting. Seconded by Paluzzi. The motion carries 6 -0. Conservation Commission April 1, 2014 Meeting Minutes Page 4 of 8 Cont: Brimbal Avenue, Phase 1 Route 128 Interchange Improvement — relocate connector road, reconstruct Brimbal Avenue, perform drainage improvements — City of Beverly Maxner explains she had a conversation with the City's consulting wetland scientist who indicated that designs for the connector road are in flux, and there is a request for a continuance to the May 20, 2014 meeting. Paluzzi moves to continue to May 20, 2014. Seconded by Russo. The motion carries 6 -0. Cont: 890 Hale Street — erect fence along property boundary — Robert & Elaine Seliger John Dick representing the applicant presents revised plan depicting approximate edges of additional wetlands located at the northwest corner of the property, noting that the new line is based on GIS and not field verified. He notes that a supplemental narrative has been prepared and submitted with the revised plan that aims to address the Commission's concerns raised during its March 22 site inspection. Dick summarizes the project and the number of posts within the no disturb zone and the wetland, with 27 posts to be in the wetland and 43 within the no disturb zone. Dick addresses how the fence bottom would be four inches off the ground to allow wildlife migration and that extra space of 8" inches above high water will be provided between the banks. He explains that the footings will be 10" diameter concrete, and the proposed mitigation of planting shrubs within the wetland and no disturb zone at a 1:1 (post -to- shrub) ratio. He notes that the fence posts will be set far apart at the stream banks so that the posts are 8 feet from the centerline of the stream at the crossings (i.e. a total of 16 feet between the posts at the stream banks). In response to Squibb's question, Dick explains that the concrete will be dry and poured into the holes and then will be hardened with the moisture from the soil or rain. Buchsbaum notes that generally speaking the Commission does not allow structures in the wetland and is concerned about setting a precedent. He notes his observations while on site where there are areas that are extremely difficult to pass through and questions if the entire perimeter really needs fencing, perhaps just areas of obvious and easy intrusion could get fencing. Dick responds as to the material of the fence and the applicant's intent for fence longevity, security and integrity of construction which necessitates perimeter fencing that is contiguous. Maxner asks if pricker bushes could be used as a natural fence. Dick responds that most of those types of plants are invasive species and there is a need for a structural solution to the trespassing. He goes on to explain that the applicants are willing to manage the existing invasive species as part of the maintenance of the wetland. Mr. Seliger explains that they would like to remove trash, logs, existing fence and invasive species that degrade the wetland and install gate in fence for access to minimize disturbance to wetland. Bertoni asks if an alternative location for the fence has been considered, if it can be moved further beyond the wetland into the lawn area and inquires as to the long term "maintenance" of the wetland and what exactly does that entail. Mr. Seliger explains their interest in making their property private from public use while maintaining wildlife habitat and not negatively impacting wetlands and cleaning the trash and Conservation Commission April 1, 2014 Meeting Minutes Page 5 of 8 non - indigenous materials and plants within the wetland. He notes that the proposed gate will help access without trampling the wetland. Dick refers to the original NOI with narrative that speaks to the waiver criteria relative to alternatives. He goes on to explain that the bottom freeboard under the fence will allow for unimpeded wildlife movement. Discussion ensues as to the possibility of a "hog -wire type fence ", with Mr. Seliger noting that the plastic coating fencing is more durable and would like to keep with that. Discussion ensues as to methods of maintenance of shrub growth and detritus build up from high water flows along the fence to ensure the fence stays intact. Mr. Seliger notes that when they first considered the fence they did look at variety of scenarios, all of which surrenders their property to the use of others. Paluzzi asks what will be done with the excavated soils from the posts. Dick states if it is good material he would use it to bed the newly installed shrubs, otherwise he would suggest that they wheel barrow it off site. There being no further questions or comments from the Commission and there none coming from the audience, Paluzzi moves to close the hearing. Seconded by Squibb. The motion carries 6 -0. Maxner suggests that, considering the late hour this evening, the Commission could perhaps deliberate on this application on Saturday April 5 th since site visits are already scheduled for that day. Members agree and will schedule a special meeting at City Hall to discuss this item after completing the site inspections. Cont: Cabot & Herrick Streets — replace section of 3'x 4' stone box culvert with new 42- inch RCP, reconstruct retaining wall — City of Beverly c/o Michael Collins Commissioner Department of Public Works & Engineering Shallon Fitzgerald, with Dewberry Engineering, representing the applicant notes that the Commission conducted a site inspection on Saturday March 22" and received supplemental materials during the site visit. She explains the scope of the project noting that the work on the 42" culvert involves roadway drainage, which qualifies it as a Limited Project. Extensive discussion ensues as to resource area impacts, mitigation proposal, stormwater O &M and Limited Project status. Squibb moves to secure the services of a peer review. Seconded by Bertoni. Brief discussion ensues and then Squibb moves to withdraw the motion to have a third party review. Seconded by Knight. The motion carries 6 -0. Paluzzi moves to continue the hearing until April 29 meeting to allow time for the applicant to gather the following requested information: more detail as to the long -term stormwater BMP maintenance plan, as well as a more thoughtful re- planting plan of the bank; additionally, Maxner to contact DEP to get feedback as to whether this project qualifies as a Limited Project. Seconded by Buchsbaum. The motion carries 6 -0. Cont: 5 Quincy Park — repair seawall — Jack Altshuler Conservation Commission April 1, 2014 Meeting Minutes Page 6 of 8 Bob Griffin representing the applicant. Discussion ensues about how the property line runs along the top of the seawall in front of the Altshuler residence and the Commonwealth owns land in front of wall. Griffin notes that the process for gaining Commonwealth approval for placing structures in the intertidal zone is the Chapter 91 application. Buchsbaum notes he is not inclined to approve this project absent owner sign -off and a hard look for alternatives to placing stone on the coastal beach. Bertoni concurs, noting that perhaps the wall could be graduated further landward to be located with the applicant's property. Discussion addresses the return of revetment into the neighboring property that is in more disrepair than the Altshuler seawall. Discussion addresses placement of stones on the beach that could encourage soft -shell clams and shellfish which do not occur in this gravely area. Maxner notes comments have been received from DEP on the NOI which recommends the applicant to look at alternatives. In addition, that Mr. Altshuler had hired a mason in the past to do minor repairs to existing seawall apron. Buchsbaum moves to continue the hearing until April 29, 2014 pending the applicant submitting additional information and addressing DEP's comments. Seconded by Paluzzi. The motion carries 6 -0. New: 38 Whitehall Circle, Lot 26— Manor Homes Development, LLC c/o David Carnevale & 40Whitehall Circle, Lot 25— Manor Homes Development, LLC c/o David Carnevale Maxner reads the legal notices for both NOI applications. Robert Griffin, Griffin Engineering for the applicant, describes the proposal for the two lots that are immediately adjacent to each other. He explains the proposed impervious cover on both lots and how runoff will be infiltrated via dry wells. General discussion ensues as to grading at the rear of the lots. Bertoni asks if there are any questions or comments from the audience. There are none. The Commission schedules a site walk for 8:30 a.m. on Saturday, April 5, 2014. Paluzzi moves to continue the hearing to April 29, 2014. Seconded by Squibb. The motion carries 6 -0. New: 50 Dunham Road — install stormwater management structures — Anderson Clarke, LLP Maxner reads legal notice. Steve Drohosky representing the applicant describes the proposed project. He describes current flow patterns of stormwater from untreated surfaces and the proposed system to treat roof runoff from the garage and building currently under construction. The proposal involves directing clean stormwater roof runoff into a subsurface infiltration basin south of the garage. Stormwater from driveway and small paved parking area will be treated by Stormceptor unit and discharged to subsurface basin within the No Disturb Zone in area. Drohosky goes into detail as to the subsurface site conditions (i.e. ledge and very poor soils) which necessitated looking at soils closer to the vernal pool and within the no disturb zone. Conservation Commission April 1, 2014 Meeting Minutes Page 7 of 8 Discussion ensues as to work involved for installation of stormwater treatment devices associated with the new garage and building. As well as additional plantings that would be conducive to wildlife habitat in area. Steve Eriksen, Norse Environmental, speaks to vernal pools (certified and un- certified within the project vicinity) and describes choices of wetland plants that could be planted in addition to organic matter installed at the site to provide habitat adjacent to these pools. He also explains the hydrology of the certified pool would improve as the groundwater will be receiving infiltrated clean runoff The Commission requests that test pits be dug in advance of the site visit to help better determine soil conditions. Bertoni asks if there are any questions or comments from the audience. Josh Morris of Budliegh Avenue, expresses his opposition to locating subsurface infiltration system within buffer zone to a vernal pool as the site is quite large and he believes there are alternatives. Buchsbaum moves to continue the hearing to April 29, 2014 pending a site visit scheduled for Saturday April 5, 2014, time to be determined. Seconded by Paluzzi. The motion carries 6 -0. Old/New Business New: The Trustees of Reservations — Discussion re: CPA Application for Moraine Farm — Robert Warren Robert Warren describes TTOR's goal to protect land as open space and increase public access at 75 acres of land at Moraine Farm that is not the Phillips preserve or Project Adventure site. The property was protected with conservation restrictions in 1991 although there are four building envelopes where the land could be developed. TTOR is interested in acquiring 40 acres of the land owned by the Batchelder Trust and sell interests in the buildable lots to generate money to endow the Batchelder land through CPA funding. Warren explains that TTOR is looking for a letter of support from the Commission for its CPA application. Warren explains the patchwork of ownership this Farm, the current land uses and general parameters of the existing Conservation Restriction. Discussion ensues as to the potential for establishing better public access off of Conant Street and the possibility of identifying a location on the property for the Beverly Community Gardens. Maxner states that CPA project applications are due to the CPC on May 1. Also the OSRC plans to submit a support letter for the project. Discussion addresses how TTOR could provide a draft CPC project support letter for the Commission to review and edit for its purposes. Paluzzi moves to support TTOR's application to the CPC and allow TTOR to draft a letter for the Commission to review, edit and attach to the CPA application. Seconded by Knight. The motion carries 5 -0 -1 with Buchsbaum abstaining. Squibb moves for Maxner and Bertoni to edit letter from TTOR. Seconded by Paluzzi. The motion carries 5 -0 -1 with Buchsbaum abstaining. Conservation Commission April 1, 2014 Meeting Minutes Page 8 of 8 New: Minor Project Permits Issued by Administrator Maxner explains the proposed addition project at 10 Evelyn Road. Discussion ensues as to aspects of the project. The Commission decides to table this application to the April 29 meeting in favor of receiving additional information. Maxner explains the proposed addition at 39 Williams Street. Members review the plan and briefly discuss the project. Squibb moves to approve the Minor Project Permit for 39 Williams Street. Seconded by Buchsbaum. The motion carries 6 -0. Other Business Maxner explains the proposed landscape timber and stairway replacement project at 11 Landers Drive, work to take place 19 feet from the bank of a pond. The Commission makes a determination that an RDA application would be appropriate for this project. The Commission sets it agenda for the site visits and special meeting for Saturday April 5, 2014: • 8:00 a.m. @ 302 Hale Street, Endicott College • 8:30 a.m. @ 38 & 40 Whitehall Circle • 9:30 a.m. @ 50 Dunham Road • 10:30 a.m. @ City Hall, 3 rd Floor Conference Room B for Special Meeting for Discussion Re: Issuance of Order of Conditions for 890 Hale Street New: Expenditure Approvals Paluzzi moves to purchase two additional on -line subscriptions to the MACC Environmental Handbook. Seconded by Buchsbaum. The motion carries 6 -0. Buchsbaum moves to purchase updated name plates. Seconded by Squibb. The motion carries 6 -0. Revision to the Wetlands Protection Ordinance Maxner to continue to work on red -lined version for the Commission. Adjournment There being no further business before the Commission this evening, Paluzzi moves to adjourn at 12:25 a.m. Seconded by Knight. The motion carries 6 -0. The next regular meeting of the Conservation Commission is Tuesday, April 29, 2014 at Beverly City Hall, 191 Cabot Street at Beverly City Hall, 191 Cabot Street.