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2015-07-22CITY OF BEVERLY PUBLIC MEETING MINUTES BOARD: Conservation Commission SUBCOMMITTEE: DATE: July 22, 2015 BOARD MEMBERS PRESENT: Chair Christine Bertoni, Vice Chair Robert Buchsbaum, Jay Donnelly, Richard Grandoni, Bill Squibb and Tony Paluzzi BOARD MEMBERS ABSENT: STAFF MEMBERS PRESENT: OTHERS PRESENT: RECORDER: Amy Maxner, Environmental Planner Jane Dooley Bertoni calls the meeting to order at 7:00 p.m. at Beverly City Hall, 3 d Floor Council Chambers, 191 Cabot Street, Beverly, MA. CERTIFICATES OF COMPLIANCE New: 19 Congress Street, DEP File #5 -644 Maxner reports that the applicants cannot attend this or the August l V meeting but she offers to provide a rundown on the project. She states the Commission received request for Certificate of Compliance to close out an Order, issued in October of 1998, governing the construction of a single family house within 100 -foot buffer zone to coastal bank and 200 -foot riverfront area. She notes that the surveyor's certification letter calls out deviations from the approved plan, noting that the decks were constructed and the pavement to the side of the home was not removed. Maxner conducted a site inspection and noted that as -built plan house footprint is compliant with original plan, there is a cantilever on third floor. She notes that when the Order was issued the property did not have a specific street number and therefore was not detected during title exam making the owners completely unaware of the outstanding Order. Discussion ensues as to whether existing conditions present a negative impact risk to the resource areas. Donnelly inquires as to the condition of the coastal bank and bank of river. Maxner notes that there is a swath of thick vegetation (which filters runoff) between pavement and coastal bank and beach, noting that this is a tidal river with mean high tide as opposed to a physical bank. She notes that there isn't any sign of erosion beyond the pavement, with just a small path leading to the beach from the end of the street. After due discussion, Donnelly moves to issue Certificate of Compliance. Seconded by Buchsbaum. The motion carries 5 -0. UEST FOR DETERMINATION OF APPLICABILITY Cont: 39 South Terrace — Charles Ram Conservation Commission July 22, 2015 Meeting Minutes Page 2 of 10 Maxner reminds the Commission of its vote to continue this item to the August 11, 2015 meeting with no discussion this evening. NOTICES OF INTENT Recess for Public Hearings Buchsbaum moves to recess for public hearings. Seconded by Donnelly. The motion carries 5 -0. Cont: 5 Quincy Park, DEP File #5 -1117 — Jack Altshuler Maxner states the Commission received a request for continuance to the August 11, 2015 meeting. Squibb moves to request the applicant supply definitive updates and status of project application at the next meeting and if there are no plans to move forward the Commission ask applicant to withdraw application or recommend the Commission deny application. This was tabled until Paluzzi arrives for a voting quorum of members who attended meetings on matter. Cont: 16 Bayview Avenue, DEP #5 -1141 — Tom Doherty Maxner states the Commission received a request for continuance to the August 11, 2015 meeting. Squibb moves to continue. Seconded by Donnelly. The motion carries 5 -0. Cont: 131 Brimbal Avenue, DEP File #5 -1148 — Sunoco, Inc. c/o Anthony Williams Stephen Harrison of Bergman Associates addresses the Commission and provides a review of the project permit history with the Commission for the proposed reconfiguration of the Sunoco gas station site on Brimbal Avenue. He goes through the plan iterations with the most current plan and how the building has been further shifted from the wetland at 37.6' from the resource, the storage shed has been completely removed from the 110' No Disturb Zone and additional parking spot has been eliminated to remove work from the 25' NDZ. Maxner confirms with Harrison that all of the stormwater features as requested by the Commission and the City Engineer have been retained on this latest plan — Harrison states they have. Paluzzi arrives. Bill Manuell of Wetlands & Land Management, representing the applicant addresses the Commission and explains his involvement with this project and his knowledge of the wetland from his work on other projects on Otis Road and neighboring properties. He describes wetland system that traverses the property and notes Mary Rimmer's findings of egg masses for spotted salamander thus qualifying it as a vernal pool under the City's Ordinance only. He provides a review of the conditions of the site through the years which is now reverting to field /very young forest habitat containing vegetation such as common buckthorn, multiflora rose, Conservation Commission July 22, 2015 Meeting Minutes Page 3 of 10 staghorn sumac, willow and golden rod, all of which is not optimum spotted salamander habitat. He goes on to provide a detailed review of the proposed vernal pool mitigation and enhancement to offset increase of 1,874 square feet of impervious surface in No Disturb Zone. Elements of the enhancement plan includes: pick up and remove trash, treat Japanese knotweed with herbicide, eradicate multiflora rose, selectively remove sumac and buckthorn and install nursery stock oak and maple trees. A wetland scientist would be on site when work occurs to direct all aspects of this effort. He notes the plant schedule includes number and size of species for 14,000 square feet of habitat improvement, an 8:1 ratio of enhancement to incursion. Trees removed will be salvaged and spread around the enhancement zone. Plants to be installed in fall will be monitored for two years of survivorship, and weed removal may be needed a foot around new plants to ensure survival. Construction at site could be done now since it is independent from habitat enhancement. Discussion ensues as to how a higher fence could be installed at the back of the property to discourage trash disposal, and signage installed noting this is a protected environmental area. There was also mention about the applicant approaching the neighbors about cooperating to prevent trash disposal. Maxner reminds applicant representatives that yearly reporting on long -term O &M for stormwater structures will be required. Bertoni thanks the representatives for their diligence in assembling a much improved plan and for their cooperation in meeting the Commission's waiver criteria and mitigation concerns. Bertoni asks if there are any questions from the public. Rick Marciano of McKay Street notes that Otis Road may be widened as part of Phase 11 128 Brimbal Ave interchange project and asks if this will impact the mitigation. Manuell states it should not have any impact as it is on the other side of the wetland. There being no further questions or comments from the Commission or the public, Buchsbaum moves to close the hearing. Seconded by Squibb. The motion carries 6 -0. New: 400 Hale Street — Endicott College c/o Dennis Monaco Maxner reads legal notice. Joe Orzel and Curt Young of Wetlands Preservation, Inc., Charles Wear of Meridian Associates and Dennis Monaco of Endicott College are present representing the applicant. Orzel address the Commission and describes the proposed 830 -foot porous access roadway into the northeast area of the College campus. He notes the Commission reviewed these wetland systems under an Order of Resource Delineation June /July of 2013 (ORAD decision was attached to NOI) and goes through the character of each system as laid out in the Commission's ORAD findings. Orzel explains that a portion of the roadway is cited within the 25' NDZ to an IVW Wetland A, some grading is within the 100 -foot NDZ to a vernal pool contained within Wetland B. Porous pavement will be used to allow passage of amphibians and animals into wetland areas. Utilities will be located on slopes /shoulders. Impact of construction will cause 879 square feet of disturbance in 25' No Disturb Zone and 1,835 square feet in the 100' No Disturb Zone. He explains that mitigation proposed includes replanting any trees or large shrubs that have to be removed in close proximity to removal Conservation Commission July 22, 2015 Meeting Minutes Page 4 of 10 location, removal of invasive species in buffer zone, planting shrubs in the vernal pool area to improve habitat for wood frogs, and trash clean -up program in spring and fall. Charlie Wear, Meridian Associates, speaks to 830 -foot driveway for internal campus use to provide access to a possible new physical plant building. He describes how the porous driveway is the stormwater BMP as site constraints limit construction of conventional detention basins and other stormwater infrastructure. Grandoni inquires as to the difference between a road and a driveway, with his observation that some City streets are the same dimension as the proposed drive. Wear explains that typically public right of ways are 24 feet wide, where this proposed drive is 22 feet and the usage is strictly for internal College campus use. In response to Donnelly's questions as to future development in this area, Dennis Monaco notes that if any other construction would occur it would be outside of the buffer zone if at all possible, and probably consist of high density resident hall, athletic or academic building based on what land would support. He explains that presently the site is used for office space, storage space for materials (plumbing, electrical), mechanics bays, salt /sand storage, maintenance vehicles and heavy equipment. He explains that the center of College campus is not an ideal location for maintenance facility due to student safety and aesthetics. Donnelly states the Commission needs to understand the overall project objectives and future development plans to fully assess the impact to the resource areas. Monaco explains that this is the only part of the campus that is left for development. Discussion ensues as to the remaining acreage on campus that is potentially developable — the project team agrees to provide the Commission with that calculation. Bertoni inquires as to the ability to control stormwater with a 10% grade change on proposed roadway and durability over time where re- paving with this material would likely be required. Wear explains the roadway elevation is driven by ledge outcropping and is designed to be at an elevation over ledge using gravel and Title 5 standards for subbase material. He notes that some ledge outcroppings may require being scraped out by a machine or blasted. The design team will provide the Commission with volume of cut and fill material calculation. Wear explains the design of the driveway surface would guide stormwater to capture and infiltrate within it, and a small percentage running off to the shoulder. Maxner inquers as to the equipment needed for long term maintenance of the road as an actual stormwater BMP. Wear explains the College could purchase or lease a vacuum truck that would get rid of dust and debris as part of operation and maintenance. Maxner inquires as to the extent of clearing needed to install the associated sewer and water utilities which would be located on the side of the road. Wear explains that conduit would be installed in 6' deep excavation, noting that ledge to be removed is more significantly impacted by the road. A 5' grassy shoulder on each side would contain the roadway. Bertoni notes that the road cross section is "typical" but assumes there are wider sections and asks for details on that. Wear notes the total width of disturbance varies from 40' to 60' depending on location of roadway as outlined on plan in limit of work. Maxner notes that the trees to be removed or within proximity to the excavation including drip edges will need to be considered and identified. Conservation Commission July 22, 2015 Meeting Minutes Page 5 of 10 Dicussion ensues in response to Donnelly's comment that there are many trails that traverse that area of campus and are used by many people. Monaco does not anticipate that the road will inhibit this usage. Discussion ensues on the waiver request and possible alternatives presented to the Commission as described in the NOI narrative, which Bertoni notes is not thorough or robust in her opinion. Commission members encourage the applicant to fully explore other alternatives for access as well as placement of the physical plant, with the purpose for roadway be explicitly defined in writing. The project team agrees to provide the Commission with amount of area that could be developed outside of the buffer zone. Donnelly states his suspicion that the use for the road is known since a specific design is presented, it would be silly for the College to design a road without knowing what full build -out it will service. Bertoni asks if there are any further questions at the moment from the Commission. She asks if there are any questions or comments from the public. She asks that audience members state there name and address for the record. Renee Mary, 274 Hale Street, expresses concern about watershed, and is worried that water would shed toward her stream. Resident of 53 Hale Street, inquires if thought was given to locating facility off campus, with Monaco explaining liability of the College's trucks traveling on public roads, vehicles are used for landscaping and maintenance, materials such as salt is stored at facility as well as storage of resident hall furniture. Steve Pletcher of 18 Thissell Street inquires as to fuel storage on the campus, Monaco explains there is that 275 gallon diesel tank at the facility and all gas powered vehicles are fueled at local service stations. Jonathan Loring, 502 Hale Street, mentions that proposed road is in a large sensitive area and is concerned about the eventual usage of the road and the scope of development it will service. Royce Hoyle, 454 Hale Street, states this is a road to nowhere and the unknown potential impact and it should be denied until plans are in place. Rick Marciano, McKay Street, inquires about road's future impact on wetlands after it is built. Bertoni responds that the Commission could ask for a mitigation plan and /or compensation and road is aligned mostly outside of buffer zone. Maxner notes that long term, the stormwater report, calculations, long term operation and maintenance, is in place to ensure there are no long term effects and mitigate runoff to wetland. She notes if the project is approved it will have conditions and if impact is identified a few years later once road is built the Commission can issue an enforcement order to rectify the impact. Resident of 16 Thissell Street, states that with this past winter in mind she asks about use of salt and deicing chemicals and storage associated with future snow removal. Dennis Monaco reports that salt and sand is used with deicing chemicals used around residential halls by the College. Bertoni explains the Commission would condition operations on the road with alternative treatment methods that are less harmful than rock salt. Steve Pletcher, 18 Thissell Street, speaks to open space on the College's property and interest in learning more about proposed maintenance facility by the College. Discussion addresses that it could take six months to build the proposed road relative to increased traffic in area. Maxner reads emails and correspondence received from Allan Vaughan of 44 Thissell Street, Joanie Ingraham of Thissell Street, Royce Hoyle on behalf of Ellen Gardner Hoyle of 454 Hale Street, Cecily Vaughan of Thissell Street, and comment letter from Beverly Open Space and Recreation Committee. Conservation Commission July 22, 2015 Meeting Minutes Page 6 of 10 Discussion ensues about the College being limited in its expansion spaces and analysis for development of areas where there would be the least impact to environment. Maxner explains that the College is responsible to carry the burden of proof that no other alternatives exist for not only the road but also citing of the new physical plant building, noting that in the event it does, commensurate mitigation must be offered or can be required. She notes that it may be time for the College to start looking at long -term land protection as compensation for its extensive land development. Buchsbaum notes that the Commission does not have to approve the waiver if there is no hardship involved, and that the applicant has the right to reasonable economic use of their property but not complete and utter exploitation of every square foot of the property. Maxner notes the City Engineer will begin work on peer review shortly. The Commission scheduled a site walk for August 8, 2015 at 8:00 a.m. Discussion ensues about public access to site walk beginning at the College campus safety building at main entrance. There being no further questions or comments from the Commission or the public at this time, Paluzzi moves to continue the hearing until August 11, 2015 meeting pending a site visit scheduled for Saturday August 8, 2015 at 8:00 a.m., and the City Engineer's review of the application and stormwater proposal. Seconded by Squibb. The motion carries 6 -0. The Commission took a short recess at 9:40 p.m. and reconvened at 9:45 p.m. New: 17 Victor Avenue —Anthony Paluzzi Maxner reads legal notice. Buchsbaum moves to continue the hearing until August 11, 2011 as requested by the applicant. Seconded by Squibb. The motion carries 5 -0 -1 with Paluzzi abstaining. OLD/NEW BUSINESS New: 10 Tall Tree Drive — Tree Removal Request — Kate Martens Kate Martens is present. Maxner explains that arborist Jack Ingram of Bartlett Tree has been working with Kate Martens and he proposes pruning large oak at left front corner of property taking limb off that is touching the roof and taking material off site. The arborist analyzed trees in No Cut Zone from a safety hazard perspective and is recommending cutting of three maple trees located at the left side of house located beyond the retaining wall and leaving the cuttings as organic debris for wildlife. D Maxner notes her observation so soil stockpiled in the yard and soil spread over the existing lawn. Martens explains that she had a terrible grub problem that virtually stripped her grass to bare soil. She treated the grub problem but wanted to spread just a couple inches of new soil to propagate new grass. Ms. Marten explains her problem with hikers' dogs coming into her yard which prompted her to install the silt fence and net fencing at perimeter next to the trail to Fox Hill. Discussion ensues as to possible signage installation about dogs and the City's leash law. Conservation Commission July 22, 2015 Meeting Minutes Page 7 of 10 Maxner reminds the Commission that these trees are within a no cut zone. The Commission members discuss the hazard evaluation prepared by the arborist and agree that a waiver from the no cut zone is appropriate in this situation as the removal is selective and will not disturb ground conditions within the resource area. Buchsbaum moves to approve the tree removal request as presented with the condition that the three maple trees are re- flagged in the field for the Agent's inspection. Seconded by Paluzzi. The motion carries 6 -0. Orders of Conditions Cont: 131 Brimbal Avenue. DEP File #5 -1148 — Sunoco. Inc. c/o Anthonv Williams Discussion ensues relative to waiver criteria for incursion into the No Disturb Zone. Bertoni notes that the applicant made a greater effort to remove disturbance from within the NDZ, with an increase of 1,974 square feet of new impervious surface with a proposed 14,000 square feet of habitat enhancements, with Buchsbaum agreeing the mitigation ratio of 8:1 is a vast improvement over existing conditions. Donnelly states the applicant worked through project to reduce size of disturbance and considered alternatives as much as practicable, and the proposed mitigation plan will leave the wetland and vernal pool habitat in better condition. Squibb believes the applicant did the best they could to address the Commission's concerns acknowledging that the NDZ encumbers a very large part of the property and alternatives were limited but thoroughly explored. Paluzzi moves to grant a waiver from the 100' NDZ to allow projects activities within the zone. Seconded by Buchsbaum. The motion carries 5 -0 -1 with Grandoni abstaining. Paluzzi moves to issue Standard Conditions and the following Special Conditions as discussed: 1. The project construction schedule shall be arranged so that the Buffer Zone and Vernal Pool Habitat Mitigation Plan can be performed simultaneously if not prior to site construction activities. The applicant is reminded that some of the woody debris from tree removal must be retained to incorporate into the habitat mitigation effort. 2. The Buffer Zone and Vernal Pool Habitat Mitigation Plan shall be adhered to, with each phase being directly supervised by the project wetland scientist or other qualified wetland consultant/scientist. 3. In order to better control and deter trespassing and dumping of trash and other deleterious material in the buffer zone to the wetland, the applicant shall make every effort to talk to the neighboring property owner at 133 Brimbal Avenue to explore the following fencing options. The success or failure of this effort shall be reported to the Commission: a. Raise the height of a 45 to 50 -foot section of fencing along the northerly property boundary shared by 131 Brimbal and 133 Brimbal; b. Property owner to consider installing a locking gate to span the very northerly corner of their building and the northerly property boundary. 4. The applicant shall install signage along the wetland side of the parking area that reads "Sensitive Wetland Area — No Littering or Dumping by Order of the Beverly Conservation Commission ". Conservation Commission July 22, 2015 Meeting Minutes Page 8 of 10 5. Removal /cutting of herbaceous and woody growth from within a 1 -foot radius around the newly installed mitigation plants shall be allowed to ensure proper establishment and survival of these plants. 6. The mitigation plantings shall exhibit an overall survivorship of at least 75% after two (2) full growing seasons post installation. A final report as detailed in the Buffer Zone and Vernal Pool Mitigation Plan shall be submitted to the Commission within 60 days of the end of the second growing season. 7. All maintenance and inspection reports pursuant to the Long -Term Stormwater Operation and Maintenance Plan shall be submitted to the Conservation Agent on an annual basis no later than December 31st of each year. This condition shall run in perpetuity beyond the issuance of a Certificate of Compliance. Seconded by Squibb. The motion carries 5 -0 -1 with Grandoni abstaining. OLD/NEW BUSINESS Cont: 5 Ouincv Park. DEP File #5 -1117 — Jack Altshuler Maxner states the Commission tabled this request for continuance to have a quorum of voting members. Squibb notes he would like to know what the status of the project is since it has been on the agenda for about a year and a half. Squibb moves to request the applicant supply definitive updates and status of project application at the next meeting and if there are no plans to move forward the Commission ask applicant to withdraw application or recommend the Commission deny application. Seconded by Buchsbaum. The motion carries 6 -0. Cont: Chapman's Corner Estates Subdivision Roadway, DEP File #5 -862 — request for extension — Manor Homes Development, LLC c/o David Carnevale Maxner states she conducted a site visit with the project engineer and observed catch basins have been cleaned out and all equipped with new silt sacks, the bottom of detention basins have had vegetation removed, the side slopes will be mowed in the fall, depth of sediment checked in all basins and no immediate cleaning is necessary, split rail fence damaged on Lot #24 was repaired, so she notes the roadway is back on track regarding maintenance. Grandoni moves to extend the Order of Conditions for one year. Seconded by Paluzzi. The motion carries 6 -0. 28 Whitehall Circle, DEP File #5 -1133 — Manor Homes Development, LLC c/o David Carnevale Maxner notes the project engineer is working on a pro- active enhancement planting plan to mitigate for construction of the retaining wall around the proposed pool and has asked for a continuance to the August 11, 2015 meeting. Conservation Commission July 22, 2015 Meeting Minutes Page 9 of 10 Donnelly moves to continue. Seconded by Paluzzi. The motion carries 6 -0. New: Cabot Street, Harbor Walk — Mass. DOT — DEP File #5 -1090 — Request for Extension Maxner reports that the Commission has received a request for an extension to the Order, issued in October of 2012, which governs the construction of a public walkway along the Danvers River under the Salem/Beverly (Veteran's Memorial) Bridge. Bertoni asks why a continuance is needed. Maxner explains that the State had secured a contractor who withdrew from the project which requiredd the State to go back out to bid for the project. There is a contractor on board and he is performing both the Salem and Beverly side of this project left over from the bridge construction. Squibb moves to issue a one year extension to the Order of Conditions. Seconded by Buchsbaum. 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 expenditure of $100.00 for the renewal of the Commission's annual membership to Essex County Greenbelt. Seconded by Squibb. The motion carries 6 -0. Grandoni moves to approve expenditure of $2,706.00 payable to attorney Jeffrey L. Roelofs, special counsel to the Commission for his continued work in litigation relative to appeal of the 50 Dunham Road ANRAD, Cummings Properties, LLC, DEP File #5 -1076. Seconded by Paluzzi. The motion carries 6 -0. Squibb moves to approve expenditure of $75.00 payable to the Southern Essex Registry of Deeds for the recording of the Enforcement Order against 242 Dodge Street, owner Scott Barbeau. Seconded by Paluzzi. The motion carries 6 -0. Other Business 183 West Street, DEP File #5 -1102 - Chrystal Condakes — request for extension Maxner explains that she spoke to the attorney for 183 West Street who requested an extension to the Order of Conditions that governs abandonment of subsurface septic system connection to City sewer that is due to expire in July 2016. Maxner notes that attorney reports that new owners will be renovating the property so this is to ensure the Order is in place. Members discuss the request with Donnelly noting the Order is still valid for another year and believes this is a premature request. Members agree. Maxner will notify attorney that the Commission did not approve the extension. 50 Dunham Road, Cummings Properties — request to remove fallen tree Maxner, Bertoni and Buchsbaum explain their recent site visit at 50 Dunham Road with representatives from Cummings yesterday afternoon. They note that a very large upland tree Conservation Commission July 22, 2015 Meeting Minutes Page 10 of 10 snapped in half across outlet of certified vernal pool. Maxner requested that Cummings submit a formal request to remove the fallen tree. Maxner reads the email request received from the company's architect. Discussion ensues as to proposed methods of removal and the Commisson's conditions to allow removal. Paluzzi moves to approve removal of the fallen tree and associated debris subject to the conditions: • The smaller trees branches and smaller diameter trunks will be removed from area with equipment operating from the access drive -side of the pool. The bulk of the large main trunk shall be lifted out of pool and not dragged across the wetland or buffer zone. • The Agent shall be contacted when work will be undertaken and to inspect the area when work is complete. Seconded by Buchsbaum. The motion carries 6 -0. Adjournment Donnelly moves to adjourn at 10:40 p.m. Seconded by Paluzzi. The motion carries 6 -0. The Next regular meeting of the Conservation Commission is Tuesday, August 11, 2015 at Beverly City Hall, 3 d Floor Council Chambers, 191 Cabot Street.