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2014-11-18These minutes were reviewed by the Conservation Commission at its June 30, 2015 meeting. The Commission voted 2 -0 -2 to approve these minutes as amended, with Bertoni and Squibb in favor and Donnelly and Grandoni in abstention as they were not seated when these matters were heard and for no other reason. Due to turnover in Commission membership, it was not possible to achieve a full quorum of eligible members to vote on these minutes at the June 30 ' meeting, resulting in a 2 -0 -2 vote. Therefore these minutes have been approved by the members who were seated for the matters in question. CITY OF BEVERLY PUBLIC MEETING MINUTES BOARD: Conservation Commission SUBCOMMITTEE: DATE: November 18, 2014 BOARD MEMBERS PRESENT: Chair Christine Bertoni, Vice Chair Robert Buchsbaum Stephanie Herbster, Paul Knight, Tony Paluzzi, and Bill Squibb BOARD MEMBERS ABSENT: None STAFF MEMBERS PRESENT: Amy Maxner, Environmental Planner OTHERS PRESENT: RECORDER: Jane Dooley Bertoni calls the meeting to order at 7:00 p.m. at City Hall, 3 d Floor Council Chambers, 191 Cabot Street, Beverly, MA. REQUESTS for CERTIFICATES of COMPLIANCE New: Shortmeadow Road, DEP File #5 -591 - Prime Realty Trust c/o J. Arthur Bouras Maxner explains the Order, issued in July of 1997, governed the expansion of a parking lot with sediment trench, vegetated swale to treat runoff and fencing along the edge of the parking lot. She notes the expansion of the parking lot required filling of 1,900 square feet of bordering vegetated wetland and equivalent replication. The request for Certificate included John Dick's report of as- built conditions with as -built plan. Maxner conducted a final site inspection prior to the meeting and reports that the site is stable but reminds the Commission that historically this is an extremely disturbed wetland even when the NOI was submitted back in '97. She notes the wetland is rife with Phragmites dominating the plant community. She notes that the project was carried out in compliance, but the wetland has been taken over by Phragmites. Discussion ensues as to condition of the wetland and the effort and commitment it would take to eradicate the Phragmites, with Commission members agreeing unfortunately this is not possible. There being no questions or comments from the Commission, Paluzzi moves to issue a Certificate of Compliance. Seconded by Herbster. The motion carries 6 -0. Conservation Commission November 19, 2014 Meeting Minutes Page 2 of 7 Recess for Public Hearings Paluzzi moves to recess for public hearings. Seconded by Knight. The motion carries 5 -0. ABBREVIATED NOTICE OF RESOURCE AREA DELINEATION New: 44 Standley Street — RC Realty Construction & Development, LLC c/o Thomas Carnevale Maxner reads the legal notice. Mike Rosati, of Marchianda Associates, addressed the Commission and explains the applicant is asking the Commission to review and confirm approximately 600 linear feet of bordering vegetated wetland at 44 Standley Street. He notes that Steve Erickson of Norse Environmental delineated the wetland in the field on August of 2014. Buchsbaum inquires as to the proximity of the perennial stream located to the southeast. Rosati notes that the MHW line is further than 200 feet from the site boundary and therefore no Riverfront is on the subject property. Bertoni asks if soils were evaluated. Rosati assumes so and will verify with Erickson. Paluzzi asks if any 21E site investigation has been done considering the site's use history. Rosati notes that an LSP has evaluated the site and there was only a small area of impacted soil that will need to be removed. Buchsbaum notes there is an area of Priority Habitat in the vicinity. Rosati notes they are in contact with NHESP and there was verification that the plant species of Sweet Bay Magnolia was not present. The Commission asks for written verification of that determination. Rosati agrees to forward. Bertoni asks if there are any questions from the audience. Tom Harrington, attorney for Waring School, asks the proposed use for the property. Rosati explains it is a 6 -acre lot with 8 -lots under Beverly's OSRD process will be proposed. Jeff Mansfield, of 58 Standley Street inquires about the right of way. Rosati notes the existing right of way to the Conservation land will coincide with the subdivision roadway and public access will continue. The Commission schedules a site inspection for November 22, 2014 at 8:30 a.m. There being no further questions or comments from the Commission or the public at this time, Knight moves to continue the hearing to the December 9, 2014 meeting pending the site visit. Seconded by Squibb. The motion carries 6 -0. New: 44 Standlev Street — Reauest for Minor Proiect Permit — Soil Test Holes Conservation Commission November 19, 2014 Meeting Minutes Page 3 of 7 Mike Rosati addresses the Commission asking for a Minor Project Permit to perform soil testing for drainage design. He notes the tests (about 5 pits) will be outside the 25' NDZ and probably 50 feet away from the wetland in the already disturbed part of the site. Discussion ensues as to methods of excavation and required erosion control. Rosati notes the pits will probably be completed by the time the Commission holds its site visit. Paluzzi moves to issue a Minor Project Permit to allow test pits requiring proper erosion control. Seconded by Knight. The motion carries 6 -0. Cont: 5 Quincy Park, DEP File #5 -1117 — repair seawall — Jack Altshuler Manxer states the Commission received a request for a continuance. Paluzzi moves to continue this hearing to the December 9, 2014 meeting. Seconded by Hebster. The motion carries 6 -0. 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 Jon Silver representing the applicant recalls the Commission conducted a site inspection recently. He briefly reviews the project and is happy to answer the Commission's questions if any. Buchsbaum notes that he missed the last meeting and was unable to qualify for voting, but asks clarifying questions as to the MEPA's requirement for alternatives analysis. Silver reviews the alternatives explored. Buchsbaum notes that oil from the dumpster was observed leaking during the site visit. Bertoni asks the frequency of Stormceptor cleaning with Silver explaining it will be cleaned after boat hauling season is over. Lengthy discussion ensues as to marina operations and controls and possible opportunities for user education on resource protection. Bertoni asks if there are any questions from the audience. There are none. There being no further questions or comments from the Commission or the public, Paluzzi moves to close the hearing. Seconded by Knight. The motion carries 5 -0 -1 with Buchsbaum abstaining. OLD/NEW BUSINESS New: 11 Shannon Lane — Enforcement Order Follow Up — Xigiang Honk Maxner notes she conducted a follow up site inspection at 11 Shannon Lane to inspect the restoration plantings per the Commission's July 19, 2012 Enforcement Order. She reports that the plantings are in very good condition and believes that the Mr. Hong has complied with the EO in good faith. She recommends that the EO be lifted. Conservation Commission November 19, 2014 Meeting Minutes Page 4 of 7 There being no question or comments from the Commission, Knight moves to lift the Enforcement Order. Seconded by Herbster. The motion carries 6 -0. New: 122 Standlev Street Enforcement Order — Reauest for Extension — Mark Cutler Mark cutler addresses the Commission explaining his need for an extension to the planting deadline. He notes that the season got away from him and he was unable to secure the plants in time before the October deadline. Discussion ensues as to the other requirements in the EO that might be able to get completed. Revisions to the EO were discussed. After due discussion, and there being no other comments or questions, Paluzzi moves to grant an extension to the planting deadline to May 30, 2015 with the following conditions /contingencies: 1. As described in Condition # 8 below, stump grinding must be completed no later than December 31, 2014; 2. A fine of $100 per day shall be assessed for everyday after December 31, 2014 that the stumps are not ground; 3. The restoration plantings and all restorative activities described in the approved Restoration Plan shall be 100% completed no later than May 31, 2015; 4. A fine of $100 per day shall be assessed for everyday after May 31, 2015 that the restoration plantings and restorative activities are not at 100% completion; 5. An update detailing progress in carrying out the restorative activities described in the approved Restoration Plan shall be provided at the April 28, 2015 Conservation Commission meeting; 6. All new plants shall have an overall survivorship rate of at least 75% after two growing seasons after May 31, 2015 (i.e. the two growing seasons shall commence after the actual plant installation); 7. Every effort shall be made to use conservation grade plants; 8. As discussed during the June 10, 2014 Conservation Commission meeting, grinding of stumps is allowable to retard stump sprouting and provide space for the new plants. Note: Use of the smallest machinery is allowable, however, hand held grinding equipment is preferred if at all possible; 9. Installation of plants shall be accomplished by hand without the use of heavy machinery; 10. Should any plant substitutions be proposed, said substitutions shall be native to New England and forwarded to the Commission for the file — the Commission reserves the right to review the substitutions and recommend alternatives if it deems necessary; 11. A final monitoring report, to be prepared by a qualified wetland professional, shall be submitted the Commission after the requisite 2 growing seasons detailing plant species, the survivorship rate, general basal coverage, status of control of invasive plant species and any other observations of interest or importance. Conservation Commission November 19, 2014 Meeting Minutes Page 5 of 7 Seconded by Buchsbaum. The motion carries 6 -0. Planning Board Request for Comments — Site Plan Review for a new Airport Administration building at the Airport, LP Henderson Road Members review the proposed plan, with Maxner noting that all project activities appear to be outside the 100 -foot buffer zone. Maxner notes that she and Planning Director Aaron Clausen conducted a site visit and observed wetland flagging in the field, noting that the base of slope controls edge of wetland for the most part. Bertoni recommends that the notation on the wetland as "potential wetland" be removed to say "existing wetland ". Members agree. There being no other comments, Maxner agrees to write a letter asking for notation change. Landmark School — Tree Removal Request Maxner provides photos of the subject tree that Landmark would like to remove and other pruning proposed due to hazardous conditions. The Commission reviews the photos and discuss the request. Paluzzi moves to permit the tree removal and pruning contingent upon the following conditions: ➢ No heavy equipment is allowed within the buffer zone; ➢ The tree shall be cut flush to the ground surface and the root systems be left in the ground in tact; ➢ The cut tree trunks and limbs should be strewn about within the woodland and buffer zone surrounding the isolated wetland area to return biomass to the soil. ➢ Only the snapped leader shall be cut; the cut shall be flush at an appropriate juncture along the tree trunk; ➢ No heavy equipment is allowed within the buffer zone — removal shall be accomplished from the access driveway via crane or other non - intrusive method (i.e manual removal); ➢ The cut tree trunks and limbs shall be removed from the vicinity and disposed of properly. Seconded by Herbster. The motion carries 6 -0. New: Minor Project Permits Issued by Administrator Maxner states she has not issued any Minor Project permits since the last meeting. New: Expenditure Approvals Paluzzi moves to approve the following expenditures: $100.00 payable to Jeff Roelofs, Con Com special counsel to the 50 Dunham Road ANRAD litigation for his continued services relative thereto; Essex County Greenbelt has sent out its Annual Appeal (not membership, but yearly fundraising) and is asking if the Con Com can donate $100; Seconded by Knight. The motion carries 6 -0. Conservation Commission November 19, 2014 Meeting Minutes Page 6 of 7 Approval of Minutes — May 20, 2014 Members provide amendments to Maxner for May 20, 2014 meeting minutes. Buchsbaum moves to approve the minutes as amended. Seconded by Paluzzi. The motion carries 5 -0 -1 with Bertoni abstaining since she did not attend that meeting. Orders of Conditions 43 Water Street, DEP #5 -1079 — install steel sheet pile bulkhead, fill land under ocean, install travel lift and floating docks — Beverly Port Marina Lengthy discussion ensues as to possible conditions for the project as well as waiver criteria and the alternatives analysis as presented by the applicant. The Commission makes findings relative to the applicant meeting the burden of proof as to the chosen alternative. Paluzzi moves to grant the waiver pursuant to Regulations Sections V C. & D. of the local Beverly Wetland Regulations, and issue Standard Conditions and the following Special Conditions as discussed: 1. Prior to any work commencing on the project, 100% engineered construction plans shall be submitted to the Conservation Commission. Said plans shall be accompanied by a written report detailing changes from the plans approved under this Order. 2. Per the Division of Marine Fishery's January 8, 2013 comment letter, any in -water work shall not occur between February 15 and June 30 of any year. 3. As part of Beverly Port Marina's efforts to educate its customers as to stormwater management and water quality controls, signage shall be adhered to all general refuse dumpsters and barrels located on site prohibiting dumping of any oil, gasoline or other hazardous materials into such receptacles. Such signage shall be kept in clear and legible condition. This condition shall survive in perpetuity beyond the issuance of a Certificate of Compliance. 4. As part of Beverly Port Marina's efforts to educate its customers as to stormwater management and water quality controls, receptacles designed to receive waste oil or any other hazardous materials shall be clearly marked to limit dumping of such materials to those types of receptacles. Said signage shall be kept in clear and legible condition. This condition shall survive in perpetuity beyond the issuance of a Certificate of Compliance. 5. As part of Beverly Port Marina's (BPM's) efforts to educate its customers as to stormwater management and water quality controls, a flyer explaining proper disposal procedures of hazardous materials shall be sent to BPM's customers at least once a year, and a copy of said flyer shall be forwarded to the Conservation Commission for its file. This condition shall survive in perpetuity beyond the issuance of a Certificate of Compliance. 6. The public walkway and picnic area shall be clearly marked on the ground and with accompanying welcoming signage. Said markings and signage shall be kept in clear and legible condition. This condition shall survive in perpetuity beyond the issuance of a Certificate of Compliance. 7. Annual post - construction stormwater Operation & Maintenance Reports shall be submitted to the Conservation Commission no later than December 31s of each year. Said reports shall Conservation Commission November 19, 2014 Meeting Minutes Page 7 of 7 detail all maintenance activities of the stormwater devices on site. This condition shall survive in perpetuity beyond the issuance of a Certificate of Compliance. Seconded by Knight. The motion carries 5 -0 -1 with Buchsbaum abstaining. Adjournment Paluzzi moves to adjourn at 9:00 p.m. Seconded by Knight. The motion carries 5 -0. The next regular meeting of the Conservation Commission is Tuesday, December 9, 2014 at Beverly City Hall, 3 d Floor Council Chambers, 191 Cabot Street.