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2014-09-30CITY OF BEVERLY PUBLIC MEETING MINUTES BOARD: SUBCOMMITTEE: DATE: BOARD MEMBERS PRESENT BOARD MEMBERS ABSENT: STAFF MEMBERS PRESENT: OTHERS PRESENT: RECORDER: Conservation Commission September 30, 2014 Chair Christine Bertoni, Vice Chair Robert Buchsbaum, Stephanie Herbster, Paul Knight, Tony Paluzzi, Bill Squibb Amy Maxner, Environmental Planner Jane Dooley Bertoni calls the meeting to order at 7:00 p.m. at Beverly City Hall, 3 d Floor conference room, 191 Cabot Street, Beverly, MA. REOUEST FOR DETERMINATION OF APPLICABILITY New: 11 Landers Drive — remove existing timber walls & stairs with new within same footprint — Thomas Renda Maxner reads the legal notice. Bob Beers representing the applicant explains that a rotted timber wall and brick walkway will be removed and replaced with new timbers and existing dry set bricks in the same footprint with the use of a bobcat brought in from the street side, and hand demolition will be done. Maxner reports from her site visit that the property contains a portion of a wildlife pond and closest timber to be removed is 19' from the pond bank. There are no drainage problems but the rotted wall needs to replaced. Work will occur on the upslope one foot from existing timber wall so erosion control is not proposed. Removed material will be brought up the street and loaded into trucks. Work will begin next week. Buchsbaum moves to issue a Negative #3 Determination. Seconded by Paluzzi. All in favor the motion carries 6 -0. Recess for Public Hearings Paluzzi moves to recess for public hearings. Seconded by Herbster. The motion carries -0. Conservation Commission September 30, 2014 Meeting Minutes Page 2 of 10 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 notes the applicant has asked for a continuance. Knight moves to continue this hearing to the October 21, 2014 meeting. Seconded by Squibb. The motion carries 6 -0. Cont: 5 Quincy Park, DEP File #5 -1117 — repair seawall — Jack Altshuler Maxner notes the applicant has asked for a continuance. Squibb moves to continue this hearing to the October 21, 2014 meeting. Seconded by Paluzzi. The motion carries 6 -0. Cont: 232 Essex Street, DEP File #5 -1127 — construct OSRD subdivision roadway, single - family houses, associated utilities, and stormwater structures — DUC Residential, LLC c/o Paul DiBiase John Ogren, Hayes Engineering, representing the applicant, notes he reviewed drainage comments from City Engineer and made revisions to the plan accordingly. He reviews the comments, noting the major issue identified by City Engineer regarded depth to groundwater in the vicinity of the infiltration basin. Additional test pits were dug to assess seasonal high groundwater to bottom of basin, as well as discharge area to pond and results have been provided. Ogren notes he and his client met with the Open Space & Recreation Committee regarding access to trails from street and existing trails system and to the pond. He explains that the Committee was supportive of the pond and surrounding open space encompassing the pond to be conveyed to the City, as well as a parcel to the north closest to the Hannah School. A remaining open space parcel closest to the new homes would be owned and maintained by the home owners association. Myron Hood, 7 Auburn Road, who is hearing impaired, comments on difficulty in hearing what is said at meeting and notes City's dump and water that is draining into Kelleher pond and the capacity of neighboring street drainage is being reached to carry stormwater. Discussion ensues as to plans just submitted and the need to review. Squibb notes he would like to see a list of deviations on the new plan from the old. Bertoni suggests a continuance to make sure there aren't any lingering questions or need for additional information. Ogren states they are not opposed to a continuance but asks if a draft set of conditions would be developed in the meantime. Members agree to have Maxner draft a set of conditions. Bertoni asks if there are any questions from the public. There are none. Conservation Commission September 30, 2014 Meeting Minutes Page 3 of 10 Paluzzi moves to continue this hearing to the October 21, 2014 meeting. Seconded by Knight. All in favor, the motion carries 6 -0. Cont: 147 West Street — construct garage addition, install in- ground pool and other site work — Margarita Medini John Dick, Hancock Associates, representing the applicant, describes landscaping at back of site including removal of diseased willow tree and treehouse resulting in loss of impervious footprint. He notes that if herbicide is used for invasive species management, the application will be within manufacturer's recommended best practice for licensed applicator. Native landscaped plants are recommended for conversion of approximately 842 square feet as part of riverfront regulations compliance. Six foot high deer fence is being proposed along the brook to replace the existing fencing and it will include a 6" gap along bottom for entire length. Posts will be replaced in existing post holes without using concrete footings. Discussion ensues with Laura Gibson landscape designer about replacing existing landscaping (i.e., Willow tree) due to carpenter ant infestation, invasive species and interest in using trees that tolerate saline soils such as buckeye, American holly, magnolia, and shrubs such as ink berry, bay berry, beach plum for diverse landscape and vegetative screen. Discussion will occur with Maxner once eradication plan is determined for targeting invasive species especially related to the amount of herbicide that would be used. Discussion addresses intent to flush cut Arborvitae stumps and interest in digging out Willow tree stump by removing roots by three to four feet laterally. Bertoni asks if there are any questions from the public. There are none. There being no further questions, comments or discussion, Paluzzi moves to close the hearing. Seconded by Buchsbaum. The motion carries 6 -0. New: 28 Whitehall Circle — construct new single family house & associated appurtenances — Manor Homes Development, LLC c/o David Carnevale Maxner reads the legal notice. Bob Griffin representing the applicant explains the proposal for Lot #19, which is the last lot in the subdivision in the Commission's jurisdiction to be permitted. He explains that a 2,500 square foot single family house will be built 30' off the street and stone markers are installed along the 25' NDZ line. Erosion controls will be installed around work area. Griffin notes that most of the lots in the subdivision have more impervious surface than originally anticipated due to higher value homes than proposed in 2008. Therefore, they have proposed larger drywell capacity, but he notes his observations that less water is being seen in the subdivision detention basins than the drainage calculations predicted. Members review the plan. Buchsbaum asks for what rain event the drywells are designed. Griffin responds the drywell capacity is 1,000 gallon for 1 -inch of rainfall, with overflow pipes will discharge clean roof runoff to wetland, noting that there will be 3,900 square feet of impervious surface with the driveway draining toward the street. Conservation Commission September 30, 2014 Meeting Minutes Page 4 of 10 Bertoni asks if there are any questions from the audience. There are none. Paluzzi moves to continue the hearing to October 21, 2014 pending a site visit on Saturday, October 18, 2014 at 8 a.m. Seconded by Squibb. All in favor the motion carries 6 -0. New: 441 Hale Street — demolish existing house, construct new single family house & associated appurtenances, eradicate invasive Phragmites from BVW and pond — Helen Greiner Maxner reads the legal notice. Bill Manuell representing the applicant, explains the project involves razing the existing home and building a new home within buffer zone to coastal bank and riverfront area. The project includes rehabilitation of wetland area that is overrun by Phragmites by eradicating the invasive plant and re- establish native vegetation. He reviews the jurisdictional wetlands on site. Manuell explains that the entrance driveway to the site will be widened and reworked with turnaround area to provide adequate access to the property. Controlled demolition work of house will include staged dumpsters in new roundabout area on landward side since some walls will be saved and masonry terrace incorporated. He provides an overview of construction methods and stages. Manuell explains the stormwater runoff is going to be managed with a system using low impact techniques and pervious material in roundabout ringed by a pea stone apron to garage entrance. Overflow will be directed to infiltration area and discharged with a level spreader to infiltrate in lawn area outside of jurisdiction. Additional vegetation relative to landscaping amenities is proposed and existing landscaping bed will have invasive species removed as well as a dead oak tree. Also proposed is to remove invasive privet and bittersweet on walking path. Laura Gibson, project landscape architect, explains solarization technique that will be used to eradicate Phragmites. Starting this fall with stalks cut and burned, tarping the area of cut reeds for two growing seasons and in 2016 cut emerging stalks and re- vegetate 4,400 square feet of vegetated wetland as resource area enhancement. Manuell explains how this is a limited project 10(53) (4) resource area enhancement. Gibson describes how solarization for two seasons was close to 99% successful with wet - tolerant seeding at the end of August. She notes that the original landscape was meadow and they are aiming to reestablish it. Discussion ensues about tidal influx into area around elevation 10 relative to future potential of adding shrubs that tolerate saline soil. Discussion addresses impact from new house construction in riverfront area and buffer zone that is mostly terrace. The current house in the buffer zone is 1,887 square feet and the proposed house in the buffer zone is 1,284 square feet so there is a 600 square foot reduction. Area where Phragmites is located is expected to be in wetland and upland. Soil will be stockpiled outside of jurisdictional area and erosion control will be around this area. Bertoni asks if there are any questions from the audience. There are none. Conservation Commission September 30, 2014 Meeting Minutes Page 5 of 10 Paluzzi moves to continue the hearing to the October 21, 2014 meeting, pending a site visit on October 18 at 8:30 a.m. Seconded by Buchsbaum. The motion carries 6 -0. New: 550 Cabot Street — remove existing pavement in favor of new landscape, hardscape and play areas — Beverly Children Learning Center Maxner reads legal notice. Sean Malone from Oak Engineering, representing applicant, explains the property will be renovated from a medical building to a pre - school by an existing school currently located at the Cummings Center. He reviews site renovations that will include new landscaping and outdoor play areas. He reviews the wetlands, which are located in southwest portion of site and City drainage from Cabot Street discharges via a culvert to the wetlands. He notes the part of the project proposal closest to the wetlands involves removal of parking area and access drive to be converted to a play area with artificial turf and stone dust pathways. A new 6' vinyl- coated, chain link fence will be constructed for school children's safety, which will be in buffer zone. There will be no direct access to the active wetland due to location of fence. Selective clearing is proposed in buffer zone to help with visibility and manage invasive as well as poison ivy. Bertoni asks the difference in impervious surface currently and proposed. Malone notes current impervious area in the buffer zone is approximately 40,000 square feet, which will be reduced to 20,000 square feet. He notes the drainage analysis was done for the project and amount of runoff will be decreased by 5% for the 25 -year and 100 -year storm events. Maxner explains that the Commission wrote to the previous owner about landscape debris and other materials that were being dumped in buffer zone but this never got properly addressed. Malone notes the new owner is aware of this and will remove the debris and refrain from any dumping in the future. Maxner notes that the 25' No Disturb Zone was not delineated on the plan. Malone will add that to the plan. Bertoni asks if there are any questions from the audience. Myron Hood, 7 Auburn Road, relates at length as to his concern about drainage in the area. Paluzzi moves to continue the hearing until October 21s meeting pending a site visit scheduled for October 18 at 9:30 a.m. Buchsbaum seconds. All in favor the motion carries 6 -0. New: Beverly Harbor — construct pipeline lateral for which staging support vessels and equipment areas will occur in area of Beverly Harbor —Algonquin Gas Transmission, LLC c/o Sabrina Hepburn Maxner reads legal notice. Rick Paquette with TRC, representing the applicant explains the project that involves a 1.2 mile, 16 -inch pipeline lateral to connect to existing 30" Algonquin gas transmission pipeline to Salem Harbor station, which is proposed for redevelopment. The pipeline and meter station will be Conservation Commission September 30, 2014 Meeting Minutes Page 6 of 10 located in Salem and work will take place near Beverly line including temporary workspace area for offshore construction. He notes the lateral pipeline will branch off of the hub line that runs through Beverly Harbor to Salem Harbor station. He explains that the MEPA public comment has been solicited and responded to on the project through land owner and stakeholder meetings. Environmental resource impact reports have been filed in accordance with national environmental policy. An environmental assessment will be done by January 2015 and issuance of certificate by MEPA is expected in April. Work is scheduled to begin in June 2015. Paquette goes on to explain that meetings have occurred with DEP, Coastal Zone Management and Division of Fisheries for technical discussions associated with construction methods and offshore activities. Geotechnical survey work has been done for the project as well as biological, shellfish, eel grass surveys, underwater archaeological work, wetland delineation for Salem and sediment sampling. Alternative analysis was done looking at five project routes and the route proposed has been vetted. He provides a power point presentation to describe construction methods to occur in Salem side of the Harbor includes use of a trenchless, horizontal directional drill for pipeline installation to tie in, construction of coffer dam (85' by 50') to isolate work area, temporary 24' steel pipe mooring piles, 8 '/z foot deep, wet coffer dam (with steel construction fabric) will control suspended sediment (1,500 cubic yards) and provide shelter for workers. Work space will consist of 1.58 acres where barges will be doing staging. A steel casing will be seated in bedrock surface. A suction dredge system will be used and slurry will be pumped into hopper barges for dewatering system and transported to a holding area on Salem side. Excavation work will occur in September and should be finalized in October. Discussion ensues about how a hot tap would be installed in the pipeline as part of connecting with hub line and for a well -seam survey. After pipeline work is done the area will be backfilled using excavated material. In late fall sheet piling and coffer dam will be removed (November, early December). Scheduling consideration has been given to winter flounder time of year restriction. Paquette explains the impacts in Beverly will be water quality in nature due to sediment disruption (silt clay, fine sand) when suction dredging is done creating plume and dispersing over time. The three activities associated with sediment plume include building of coffer dam with hand jetting of hub line to drive piles, excavation for coffer dam, and backfill. Also inadvertent release of drilling fluid as it relates to spill prevention plan of clay slurry material. Models were done of hand jetting, excavation and backfill and mitigation is planned to minimize impacts while 85% of project is drilling. Water quality monitoring during construction on turbidity and dissolved oxygen will be done during sediment releasing activities. No eel grass was identified in the work area. Pre - construction samples were taken to collect data points. Conversations are occurring with harbor masters relative to summer sailing programs. All survey work (i.e., shellfish habitat) was done in Beverly Harbor not Collins Cove. Discussion addresses how inspections would be done during construction process and how reporting could be done using a specific email list to officials such as Maxner. Water quality monitoring would be documented using certain thresholds. There is no planned sequence for returning the slurry material to the site as part of backfilling material that is stored on hopper barges. Paluzzi moved to close the hearing. Seconded by Buchsbaum. All in favor the motion carries 6 -0 Conservation Commission September 30, 2014 Meeting Minutes Page 7 of 10 OLD/NEW BUSINESS New: Cabot/Herrick Street, DEP File #5 -1116, Request for Minor Modification to Order of Conditions & Presentation of 100% design per Special Condition #1 of Order— City of Beverly c/o Dewberry Engineers, Inc. Adam Zysk of Dewberry Associates, representing the applicant the City of Beverly, explains the minor modification request is relative to the impact calculations to resource areas that were not correctly reflected in the NOI. He notes, additionally as required by Special Condition #1 of the Order, a narrative detailing the 100% design plan deviations from the plans originally reviewed and approved by the Commission has been provided. He explains that the BLSF area should have been 31,799 square feet. He provides an overview of the 100% design drawings and the minor changes made since the Commission last reviewed the plans. Discussion ensues about using sedimentation fence with filter sock since fine, organic sediments will be removed, and compost filter will be used. Paluzzi moves to issue Minor Modification. Seconded by Buchsbaum. The motion carries 5 -0 -1 with Herbster recusing herself. Cont: Planning Board Request for Comments — 232 Essex Street OSRD Site Plan and Definitive Plan Application — Applicant: DUC Residential, LLC c/o Paul DiBiase Maxner explains the OSRC wrote a comment letter to the Planning Board supporting the idea of transferring pond, surrounding green space, and northern section of open space with trails to the City for public space. Conversations have occurred with Bruce Doig, the Planning Director, and Buchsbaum on the matter. Discussion ensues about how the City could take the pond that it would be dedicated for recreation and responsibility would fall under Parks and Recreation Department versus Conservation Commission and as part of OSRD would be permanently protected as part of deed restriction on property. The Commission addresses how citizens interested in skating at pond would park in the area (i.e., Learning Center parking lot or access to private road). Members discuss the Commission's position and recommendations, and agree on the following comments to forward to the Planning Board: ➢ The Commission supports the ownership of the pond and its surrounding green space being transferred to the City of Beverly provided that these areas are permanently dedicated as public recreational open space land. ➢ The Commission supports the ownership of the upper half of the northerly section of the wooded open space being transferred to the City. This area contains trails currently used by walkers and hikers to access other trail connections through Hannah School and YMCA properties. As with the pond and its surrounding green space, the Commission believes this area should be permanently dedicated as recreational open space land as well. Paluzzi moves that the Commission forward the points of discussion and recommendations to the Planning Board as discussed. Seconded by Buchsbaum. All in favor, the motion carries 6 -0. Conservation Commission September 30, 2014 Meeting Minutes Page 8 of 10 New: 242 Dodge Street — Enforcement Order Ratification Maxner provides background for this EO and the history of violations observed and addressed by the City Engineering Department. She notes that floodplain has been filled with no approvals or permits from any entity of the City. She notes that the EO needs to be ratified. Members review and discuss the EO as issued by Maxner. Paluzzi moves to ratify the Enforcement Order with the following amendments: • Pursuant to the Beverly Wetlands Protection Ordinance, Article XXXVII et. seq. a fine of $100.00 per day shall be assessed for every day after October 15, 2014 that the above - listed deliverables are not submitted to the Commission. Said site plan and restoration plan shall be presented by the violator's representative at the October 21, 2014 Commission meeting for review and approval, and the Commission may further revise said plans pursuant to its recommendations. Should the Commission approve the plan that evening, you can anticipate that it will place a deadline upon which the restoration plan must be executed and completed. Seconded by Herbster. All in favor, the motion carries 6 -0 New: Planning Board Request for Comments — 140 Brimbal Avenue North Shore Crossing Site Plan & Special Permit — CEA Beverly Maxner explains that, as customary, the Planning Board solicits comment from other City boards and departments on site plans and special permit project. She notes this project is wholly out of the Conservation Commission's jurisdiction. Maxner states that she spoke to developer about how this agenda item is part of process and acknowledged that there is no wetlands or buffer zone on the property. Members review the plan. Paluzzi moves that the Commission will have no comment in its letter since the project is outside of the Commission's jurisdiction. Seconded by Buchsbaum. All in favor, the motion carries 6 -0. New: Request from Beverly High School DECA to host 2014 Ultimate Frisbee Hat Tournament at Birch Plains Park on November 8, 2014 Maxner explains the Commission received a request from Beverly High DECA to host 2014 Ultimate Frisbee Hat Tournament at Birch Plains Park on November 8, 2014. The request includes permission for a food vendor for healthy snacks and cold drinks to operate at the site during the event. Paluzzi moves to approve the request conditional upon the event coordinators implement recycling during the event and that the area be patrolled for errant trash that is taken off site and hauled away. Seconded by Herbster. All in favor, the motion carries 6 -0. New: McKay School Redevelopment — Wetland Application Maxner provides a brief description of the site and the proposed redevelopment. She inquires as to what type of application the Commission would expect for the project. Discussion ensues as Conservation Commission September 30, 2014 Meeting Minutes Page 9 of 10 to proximity of Shoe Pond and Bass River outlet that flows into the pond where driveway reconstruction and landscaping work will occur in buffer zone to pond close to the 200' riverfront area. Commission members agree that a NOI is appropriate for this project. Approval of Minutes Buchsbaum moves to accept the minutes of April 1, 2014. Seconded by Paluzzi. The motion carries 5 -0 -1 with Herbster recusing herself because she did not attend. Orders of Conditions 147 West Street — construct garage addition, install in- ground pool and other site work — Margarita Medini Discussion ensues as to possible conditions for the project. Buchsbaum moves to issue Standard Conditions and the following Special Conditions as discussed: 1. Prior to implementation in the field, a plan describing the means and methods of invasive species removal and management shall be submitted to the Conservation Agent for review. 2. The applicant shall make all reasonable efforts to substitute the proposed tree plantings with species that are native to New England. 3. As noted on the approved plan, the waste pile shall be removed from site and shall be disposed of at an appropriate facility. 4. All soils excavated from pool, garage and compensatory flood storage area shall be immediately removed from the site, not stockpiled, and disposed of at an appropriate facility. 5. The applicant should verify with the Building Inspector as to whether the proposed deer fence requires a Building Permit. 6. As described in the approved Project Narrative, the bottom member of the proposed deer fence shall be NO LESS than 6 inches above existing grade. 7. Prior to the issuance of a Certificate of Compliance, all restoration plantings shall exhibit 75% survivorship and the trees 100% survivorship after two growing seasons post installation. 8. Prior to the issuance of a Certificate of Compliance not less than two (2) weather resistant monuments shall be installed along the 25' NDZ in the vicinity of the restoration planting area, bearing the following language: "No Disturbance of Any Kind Beyond This Point Per Order of the Beverly Conservation Commission ". The monuments shall project no less than one foot above grade to ensure visibility in the field. 9. Discharge of pool water from back wash and seasonal pool draw down shall be directed over the upper portions of the lawn to maximize infiltration and shall not be directly discharged into the streamnor wetland areas. This condition shall run in perpetuity or for as long as a pool is maintained on site. 10. All pool water discharges or draw downs shall not take place within 2 weeks of chlorination. This condition shall run in perpetuity or for as long as a pool is maintained on site. Conservation Commission September 30, 2014 Meeting Minutes Page 10 of 10 Seconded by Paluzzi. All in favor, the motion carries 6 -0. Beverly Harbor — construct pipeline lateral for which staging support vessels and equipment areas will occur in area of Beverly Harbor —Algonquin Gas Transmission, LLC c/o Sabrina Hepburn Discussion ensues as to possible conditions for the project. Paluzzi moves to issue Standard Conditions and the following Special Conditions as discussed: 1. Pursuant to the Division of Marine Fisheries September 29, 2014 electronic email comments, the time restrictions on all in- water, silt - producing work shall be complied with. 2. The Conservation Commission shall be carbon copied on project progress updates that include water quality monitoring results. Electronic submission is acceptable. 3. Upon availability, post construction photographs of seafloor conditions within the footprint areas of the coffer dam structures and support piles shall be forwarded to the Conservation Commission. Electronic submission is acceptable. Seconded by Buchsbaum. All in favor the motion carries 6 -0. Adjournment There being no further business to discuss, Paluzzi moves to adjourn the meeting at 11:06 p.m. Seconded by Buchsbaum. All in favor, the motion carries 6 -0. The next regular meeting of the Conservation Commission is Tuesday, October 21, 2014 at Beverly City Hall, 3 d Floor Council Chambers, 191 Cabot Street.