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2014-07-01CITY OF BEVERLY PUBLIC MEETING MINUTES BOARD: SUBCOMMITTEE: DATE: BOARD MEMBERS PRESENT BOARD MEMBERS ABSENT STAFF MEMBERS PRESENT OTHERS PRESENT: RECORDER: Conservation Commission July 1, 2014 Vice Chair Robert Buchsbaum, Stephanie Herbster, Paul Knight, Tony Paluzzi, and Bill Squibb Chair Christine Bertoni Amy Maxner, Environmental Planner Jane Dooley Buchsbaum calls the meeting to order at 7:00 p.m. at Beverly City Hall, 3 rd Floor conference room, 191 Cabot Street, Beverly, MA. Buchsbaum entertains a motion to enter into executive session pursuant to MGL ch. 30A, section 21, purpose number 3 to discuss strategy with respect to litigation (Seliger v. Beverly Con Com, ESCV 14 -922), with the Commission adjourning the executive session and returning to the regular meeting. Paluzzi so moves. Knight seconds. Buchsbaum takes roll call vote: Knight — yea Paluzzi — yea Herbster — yea Squibb — yea Buchsbaum — yea The Commission adjourns to a conference room. The Commission returns to the Council Chambers having finished the executive session and resumes the regular meeting. REQUESTS for DETERMINATION of APPLICABILITY Cont: 50 Arlington Avenue vicinity, Wenham Lake — excavate trenches to connect to aeration system — Salem Beverly Water Supply Board Ann Marton, LEC, recaps SBWS's proposal to install an aeration system within the lake to reduce Manganese and Iron concentrations. She reviews the supplemental information submitted to the Commission noting that low oxygen levels have registered in the late summer. Conservation Commission July 1, 2014 Meeting Minutes Page 2 of 5 Discussion ensues about how the buried outlet could not be installed higher and the intent is to run the aeration system (that will not pick up sediment) continuously not just in the summer. There is a cap on the level of oxygen used with low level bubbles released. Buchsbaum asks if other systems have shown impact surface freezing in the winter. Marton notes she is not aware of any impacts, but suspects that the immediate area of the disks may keep the water moving enough not to freeze. A similar system is used in the Cambridge reservoir and in Danvers in the Putnamville Reservoir. After continued discussion and consideration and there being no further discussion, Paluzzi moves to issue a Negative # 2 and # 3 Determination of Applicability subject to the following condition: 1.) A copy of the annual Wenham Lake and Putnamville Reservoir Water Quality Data Report shall be furnished to the Conservation Commission annually upon its availability. Seconded by Knight. The motion carries 5 -0. Recess for Public Hearings Paluzzi moves to recess for public hearings. Seconded by Herbster. The motion carries 5 -0. ABBREVIATED NOTICE of RESOURCE AREA DELINEATION Cont: 302 Hale Street, Endicott College, Vicinity of Practice Field — verify and confirm wetland boundaries — Endicott College c/o Dennis Monaco Joe Orzel representing the applicant, explains flag location changes resulting from site walks the Commission conducted recently. Revised plans were distributed and Orzel points out the changes and notations made on the plan. He notes the location of certified vernal pool and other vernal pools have also been defined. Maxner states she prepared a draft set of findings and reviews the draft for the record. After brief discussion and consideration of the findings, and there being no further questi9ons or comments from the Commission or the public, Paluzzi moves to close the public hearing. Seconded by Knight. The motion carries 5 -0. NOTICES OF INTENT and /or ABBREVIATED NOTICES of INTENT Cont: 43 Water Street — Beverly Port Marina Maxner explains the Commission has received a request for continuance to the July 22, 2014 meeting. Paluzzi moves to continue. Seconded by Herbster. The motion carries 5 -0. Cont: 5 Ouincy Park — Jack Altshuler Conservation Commission July 1, 2014 Meeting Minutes Page 3 of 5 Maxner explains the Commission has received a request for continuance to the July 22, 2014 meeting. Knight moves to continue. Seconded by Paluzzi. The motion carries 5 -0. Cont: 50 Dunham Road — Anderson Clarke, LLP — Cummings Properties Maxner explains the Commission has received a request for continuance to the July 22, 2014 meeting. Paluzzi moves to continue. Seconded by Knight. The motion carries 5 -0. New: 35 Standley Street — school building patio and theater entrance replacements and upgrades — Waring School, c/o Thomas Harrington, Miyares and Harrington, LLP Maxner reads the legal notice Attorney Thomas Harrington representing the School describes the proposal for replacement of cobblestone patio with brick within existing footprint and entrance upgrades with brick to two of its buildings. He notes pond and well- defined perennial stream channel (in 200' buffer and 25' bank of stream) that runs through the campus. Materials will be stored outside of the buffer zone and laid down almost immediately as part of project. Once cobblestones are removed some grading might be required and crushed stone will be installed. A bobcat will be used for project work mostly within existing patio area. Erosion control will consist of straw waddles stacked 10' from cobblestone patio. The disturbed area will be seeded. The Commission reviews the 25' NDZ waiver criteria with the applicant and discussion ensues as to alternatives to project elements. Joanne Avallon, Waring School Board member, describes how the cobblestone in its current condition is creating a safety hazard that needs to be corrected. The work will be done in one week's time with the same pervious surface and project will be within existing footprint and not expanded. The landscape treatment includes organic fertilizer for the field, mowing occurs to top of bank, and there is no invasive species near the stream. There being no further questions or comments from the Commission and none from the public, Paluzzi moves to close the hearing. Seconded by Squibb. The motion carries 5 -0. OLD/NEW BUSINESS Cont: 9 Tall Tree Drive — Enforcement Order Follow Up — Restoration Plan Presentation — Scott Grenert Maxner describes June 30 email from Mary Rimmer, Rimmer Environmental Consulting, relative to Scott Grenert, asking for 30 -day extension to finalize the mitigation plan, with planting likely to occur in September. After some discussion, the members agree to provide an extension until the August meeting since planting should not be conducted in the height of the summer. Paluzzi moves grant an extension to the August 12, 2014 meeting. Seconded by Knight. The motion carries 5 -0. New: Review of Minor Proiect Permits Issued by Agent since last meeting Conservation Commission J@ 1, 2014 Meeting Minutes Page 4 of 5 Maxner states she has not issued any Minor Project Permits since the last meeting. New: Expenditure Approvals Paluzzi moved to reimburse Maxner for mileage accumulated while on Commission business during the last four months, at 499 miles @ .40 cents per mile = $199.60;. Seconded by Knight. The motion carries 5 -0. OTHER BUSINESS 3 Greenwood Avenue Nick Paras, property owner, addresses the Commission and describes access to site and his interest in reconfiguring the paved sections of the access right of way and his driveway. Maxner notes most of this area is outside of the buffer zone, but there are some outstanding items relative to the driveway that need to be addressed from the old Order of Conditions. Paras explains that the gutter system drains behind the house into crushed stone and sand drywell that was originally part of the septic which was relocated. Maxner notes that water currently runs down Indian Hill and down the road to Greenwood, and she believes that some sort of stone trench along Indian Hill is needed to mitigate that runoff Discussion ensues about pitch of driveway being such that the runoff goes to stone trench. Work will continue on replanting associated with removal of trees once a new permit is in place. The Order expired in April 2014 so work cannot be conducted under that old Order. New work in the buffer consists of removal of asphalt and repaving with conditions of the old Order to be completed. The Commission instructs Paras should file an RDA application for plan focused on this work including uncompleted items from first Order (i.e., stone trench requirement) and planting details per pine tree removal. Once this is completed a full Certificate of Compliance will be sought to close out the old Order. Paras thanks the Commission for its time and will work with his wetland consultant to prepare the RDA. 5 Oberlin Road The property owner, Kerry Normand asks to speak with the Commission regarding her proposed above ground pool. Maxner explains that Aaron Clausen, Director of Planning, will measure the distance from the proposed pool to wetland and advise property owner about what type of application to file, which will most likely be an RDA if the pool can stay outside the 25' NDZ. Approval of Minutes — February 4, 2014 Knight moves to approve the February 4, 2014 minutes. Seconded by Paluzzi. The motion carries 5 -0. Other... Discussion or Action Items Related to Commission Business Monitoring report from National Grid for 44 -46 River Street, DEP File #5 -1082 Conservation Commission July 1, 2014 Meeting Minutes Page 5 of 5 Maxner notes that Grid has provided its required planting monitoring report for the 44 -46 River Street project. The report identifies what mitigation plantings in bio- retention area did or did not survive and what has been replanted with proposed substitutions for the spring planting season. Paluzzi moved to approve the substitutions. Seconded by Herbster. The motion carries 5 -0. ENF — Algonquin Pipeline Salem Lateral Maxner informs the Commission that Algonquin has filed its ENF and the public comment period is open. Order of Conditions 35 Standley Street — Waring School Discussion ensues as to possible conditions to assign to the project. Knight moves to issue Standard Conditions with the following Special Conditions as discussed: 1. Prior to work commencing, erosion controls in the form of staked silt sock or staked straw wattles shall be installed not more than ten (10) feet from the edge of the existing patio at the classroom building. 2. As described by the applicant's representative during the July 1, 2014 hearing, all materials removed from the patio areas (i.e. cobblestones, excavated soils etc...) shall be stored /stockpiled at a location on campus that is outside the wetland resource areas and associated buffer zones. 3. All areas that are between the patios and wetland resources that are disturbed as a result of the work shall be immediately restored to their previous condition. These areas shall be seeded with a native seed mix and covered with weed -free hay to protect seed and soil from washing or eroding during runoff /rain events. Seconded by Squibb. The motion carries 5 -0. Adjournment Paluzzi moves to adjourn at 9:05 p.m. Seconded by Knight. The motion carries 5 -0. The next regular meeting of the Conservation Commission is Tuesday, July 22, 2014 at Beverly City Hall, 3 rd Floor Council Chambers, 191 Cabot Street.