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2015-06-30CITY OF BEVERLY PUBLIC MEETING MINUTES BOARD: SUBCOMMITTEE: DATE: BOARD MEMBERS PRESENT BOARD MEMBERS ABSENT STAFF MEMBERS PRESENT OTHERS PRESENT: RECORDER: Conservation Commission June 30, 2015 Chair Christine Bertoni, Jay Donnelly, Richard Grandoni, Bill Squibb Vice Chair Robert Buchsbaum, Tony Paluzzi, 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: 42 Whitehall Circle, DEP File #5 -1027 — Manor Homes Development, LLC c/o David Cnrnevnle Bob Griffin, Griffin Engineering on behalf of the applicant, explains the Order, issued in April 2010 and later modified in November 2013, governed the construction new single family house, patio, driveway, landscaping that includes installation of native plantings and associated appurtenances within 100 -Foot Buffer Zone to Bordering Vegetated Wetland. He notes single family house lot was constructed in the last year and explains changes made in the backyard that differ from the approved plan regarding grading and patio layout. Maxner notes she and Griffin inspected site today and it was stable, however the split rail fence is damaged in two areas and needs to be fixed. Griffin responds to Bertoni's question about the extended grading relative to approved plan that called for a two - tiered backyard with 4' boulder retaining wall and 6' to 8' wall around patio. He notes the builder built retaining wall up to a height of 8' to 10' and has no retaining wall around the patio, so a flat rear yard but nothing came closer to the wetland than originally proposed. He thinks this allowed for a more level backyard which should improve the amount of water that percolates into the ground. The bluestone patio is the same size in dry set for permeability and is located closer to the house. He explains the proposed plantings on the approved plan were related to grading proposed that were not installed because site is level and flat.. Maxner clarifies that on the approved plan there was a 500- gallon dry well with a grate at the side of the driveway that did not get installed in that location but rather was moved to the rear of the house to have roof runoff directed into it. Griffin notes two dry wells were installed on the site but in different locations and outlet extends to retaining wall. Conservation Commission June 30, 2015 Meeting Minutes Page 2 of 11 Donnelly moves to issue the Certificate of Compliance with the condition that it will be released once the split rail fence is repaired and inspected by Agent. Seconded by Squibb. The motion carries 4 -0. New: 27 Linden Avenue, DEP File #5 -1124 — Kenneth & Ambia Smith Bob Griffin, Griffin Engineering on behalf of the applicant, explains the Order, issued in June of 2014, governed construction of a 24' x 26' 2 -car garage, remove tree at sidewalk, expand driveway and construct driveway with pavers; install subsurface drainage infiltration units to capture roof runoff. Work took place within 100 -foot buffer zone to coastal bank (outside the Beverly regulatory 25 -foot no disturbance zone) and within the 200 -foot riverfront area to the Bass River. Maxner notes that the Order was modified allowing removal of the large maple tree on the easterly property boundary but the tree was only limbed and not removed. Griffin notes that a replacement Maple tree was planted in front at the street side where a tree was removed for the driveway expansion, the site is stable with grass growing. Maxner notes she was on site and observed installation of the dry well. Griffin explains the driveway consists of pavers in permeable stone dust. Donnelly moves to issue the Certificate of Compliance. Seconded by Squibb. The motion carries 4 -0. REQUEST FOR DETERMINATION OF APPLICABILITY New: 39 South Terrace — Charles Ram Maxner reads legal notice. Applicant Charles Raymond outlines the project to construct a two - story addition (roughly 37'x 18') at the rear of the existing house, and removing a small corner of the house on the northwest side. He notes the Danvers River is located across the street from the house (with existing houses and street in between). Maxner reviews that the addition received a Special Permit from the Zoning Board of Appeals. Raymond explains he is going back to the ZBA to modify the Special Permit to shrink the size of the addition to 30 x 18, shaving off 7 feet. Donnelly notes that a revised plan should be presented to the Commission before it renders a decision and notes he visited the site and observed the rear of the property is sloped and asks how roof runoff will be handled to avoid erosion. Discussion ensues about erosion control needed in area, and how piping and dry well is being incorporated into design. Maxner notes that based on measurements the rear of the existing house is on the cusp of the first 100 feet of the Riverfront Area, the addition is not coming any closer to the river than existing conditions, and does not involve the removal of any mature vegetation, it is within lawn, runoff is being addressed, and the footprint will be smaller. Discussion ensues as to plan revisions needed showing all of the new features. Squibb notes that the drywell should not interfere with the root system of the large 30" pine at the front of the property, Raymond agrees. Conservation Commission June 30, 2015 Meeting Minutes Page 3 of 11 Donnelly moves to continue this until the August 11, 2015 meeting to allow the applicant time to apply to the ZBA and prepare a comprehensive plan. Seconded by Grandoni. The motion carries 4 -0. Recess for Public Hearings Squibb moves to recess for public hearings. Seconded by Donnelly. The motion carries 4 -0. NOTICES OF INTENT Cont: 5 Quincy Park — Jack Altshuler Maxner states the Commission has received a request for a continuance to the July 22n meeting. Squibb moves to continue. Seconded by Grandoni. The motion carries 4 -0. Cont: 16 Bayview Avenue, DEP File #5 -1141— construct fixed concrete pier, with associated gangway and floating dock — Tom Doherty Maxner states the Commission has received a request for a continuance to the July 22n meeting. Squibb moves to continue. Seconded by Grandoni. The motion carries 4 -0. Cont: 131 Brimbal Avenue — redevelop /reconfigure site, construct new building, fuel pumps, island and canopy — Sunoco, Inc. c/o Anthony Williams Maxner states the Commission has received a request for a continuance to the July 22n meeting. Squibb moves to continue. Seconded by Grandoni. The motion carries 4 -0. Cont: Vicinity of 35 Whirling Drive, DEP File #5 -1152- — extension of Nelson Avenue roadway — Matthew Power - The project entails extension of the roadway to provide frontage for two new single family house lots in Beverly and one in Wenham. The two lots in Beverly are the subject of the following 2 NOI's discussed below. Work to take place within 100 -foot buffer zone to an Isolated Vegetated Wetland located in Wenham, and Bordering Land Subject to Flooding. Note: See below for minutes on discussion for the following three NOI's that relate to land at the end of Nelson Avenue/Whirling Drive. Cont: Nelson Avenue, Parcel A, DEP File #5 -1151— Matthew Power - The project involves construction of a new single family house within the 100 -foot buffer zone to IVW and Bordering Land Subject to Flooding. Note: See below for discussion. Cont: Nelson Avenue, Parcel B, DEP File #5 -1150 — Matthew Power — The project involves construction of a new single family house within the 100 -foot buffer zone to IVW and Bordering Land Subject to Flooding. John Dick representing the applicant states he will discuss all three NOI's for Nelson Avenue (roadway extension, Parcel and Parcel B) as he presents as they are all related. He notes that revised plans have been submitted that show proposed project, floodplain fill as well as flood Conservation Commission June 30, 2015 Meeting Minutes Page 4 of 11 storage compensation. Maxner notes that both houses do not depict any kind of patio or deck. Dick states that is not part of this plan, if a buyer in the future wishes to build those types of structures, they would have to get approval from the Commission. Discussion addresses how there is no place to provide compensatory flood storage other than in Wenham. Discussion ensues as to roadway layout per the subdivision rules and regulations as well as the Fire Department requirements. Squibb moves to close the hearings on 35 Whirling Drive and Nelson Avenue, Parcel A and Parcel B. Seconded by Grandoni. The motion carries 4 -0. Cont: 98 Valley Street, DEP #5 -1155 — Mike Habich Greg Hochmuth representing the applicant notes that DEP has issued a file number but had no comments on the proposal. He explains a waiver has been requested to allow 30 square feet of new addition to be built in NDZ. He notes an infiltration trench will be installed in front of existing structure to catch first half of roof runoff that will direct flow to resource area via a pipe and level spreader. As requested, Hancock Associates submitted drainage calculations for roof runoff showing that the trenches proposed can handle all storm events. Rip rap aprons will be used at the end of two pipe outlets to prevent erosion. Hochmuth states that he further analyzed the "A" series flags, soils and vegetation as requested by the Chair and Vice Chair, finding a predominance of wetland vegetation and he is confident with wetland line. Discussion ensues about stand of Phragmites that will be eradicated as well as other invasive species and how that would require an NOI. A revised plan (6 -17) was submitted showing infiltration trench widened from 18" to 24" and edge of disturbance (woods or unmaintained lawn located by survey and is edge of mowing). Discussion ensued as to potential mitigation including planting a swath in vicinity of Flag A5 (200 square feet) with sweet pepper bush, river birch, swamp azalea, spice bush. Bertoni asks if there are any questions from the public. There are none. There being no further questions from the Commission, Grandoni moves to close the hearing. Seconded by Donnelly. The motion carries 4 -0. OLD/NEW BUSINESS New: Beverly Harbor, DEP File #5 -1134 — Algonquin Gas Transmission, LLC request for Minor Modification to the Order of Conditions for the Salem Lateral Project Rick Paquette of TRC representing the applicant notes that the project is fully permitted and is moving into construction starting tomorrow and this request for minor modification to OOC involves a proposal to add a barge staging area, and work zone is on edge of navigation channel and is transition area. He explains a shallow draft tugboat will be used for barge staging area. There will be no work in the area just placement of barge (200' by 50'). Approval was received from Army Corps, DEP and Fisheries under existing permits. The proposal will increase efficiency of operation and is outside of eel grass area. A preconstruction survey will be done before barge is brought in to confirm location of any eel grass. It is not anticipated in areas Conservation Commission June 30, 2015 Meeting Minutes Page 5 of 11 deeper than 15' and if eel grass is identified the location will be reconsidered. Deep draft tugboats will move barges in navigational channel, a shallow draft tugboat will be used outside of navigation area for transition from deep to shallow water as a shuttle from staging area barge. The coffer dam for the project is located in Salem. The equipment is expected to be in the harbor until November. The right of way department with the utility has been working with Coast Guard and harbormasters from Salem and Beverly. All moorings have been moved out of transit zone. Bertoni moves for the Commission to grant the Minor Modification provided the eel grass survey be forwarded to Maxner and no eel grass is identified in proposed area. Seconded by Grandoni. The motion carries 4 -0. New: 11 Whitehall Circle, Lot #27 (local OOC, 1VW resource)— Matthew Kavanagh — Request for extension to the Order of Conditions Bob Griffin representing the applicant explains the Order, issued in August of 2008, governs construction of single - family house, pool, patio, driveway, retaining walls and other associated appurtenances within 100 -Foot Buffer Zone to Isolated Vegetated Wetland. He explains that the State Permit Extension Act resulted in an August 2015 expiration date. Maxner notes the Commission can extend the order for two additional years, one year at a time, under the local ordinance. Griffin explains the owner wants to sell the lot to a local builder who will put up a house. Discussion ensues as to the retaining wall which is located on "no cut" zone and 25' NDZ line to IVW, with the Commission agreeing the wall delineates the limit of work well. Donnelly moves to approve extension to August 26, 2016. Seconded by Grandoni. The motion carries 4 -0. New: Chapmans' Corner Estates Subdivision Roadway, DEP File #5 -862 — request for extension to Order of Conditions — Manor Homes Development, LLC c/o David Carnevale Griffin explains that there is work left to do in the buffer zone for the nearly completed roadway. Work is continuing as lots are constructed. The finished paving will be done once all of the houses are constructed. Maxner notes there was an Enforcement Order in 2013 due to contractor being out of compliance with erosion control on the road, maintaining the catch basins and street sweeping. Some fines totaling $1,200 were issued and are outstanding although the road is back in compliance. Griffin notes that contractor tried to comply during extraordinary weather conditions and there has been a request for the fines to be suspended since there has not been problems since that time. Maxner notes that presently silt sacks need to be cleaned /replaced, storm scepters should be investigated and the detention basins need mowing and maintenance. She recommends the Commission grant the extension since curbing is needed for erosion control but not release it until cleaning of catch basins (resetting silt sacks) and maintenance (vegetation management) of detention basins are completed Maxner notes EPA did site inspection two years ago with City Engineer as part of MS4 inspection and there were no comments by EPA. Griffin explains that when two houses on inside of circle are finished curbing would be installed. Discussion ensues as to whether the extension should be issued now or put on hold until stormwater maintenance is completed. Conservation Commission June 30, 2015 Meeting Minutes Page 6 of 11 Bertoni moves to continue this request to the July 22, 2015 meeting pending completion of the stormwater maintenance tasks as described. Seconded by Squibb. The motion carries 4 -0. New: 28 Whitehall Circle, DEP File #5 -1133 - Boulder retaining wall Special Condition Maxner explains that a tree was slated for preservation next to the retaining wall, and a Special Condition was issued requiring the boulder retaining wall to respect drip edge of tree. She notes a building permit has been submitted for the pool and she has not signed off because the retaining wall is within five feet from base of tree. Griffin notes that pool is not bigger than on original plan, agrees that the retaining wall is close to the tree, and if the tree does not last he proposes that mitigation trees could be planted in the area. Discussion ensues with the Commission authorizing Maxner to sign off on the pool permit and the requirement that Griffin will develop a planting plan that will be brought to July 22, 2015 meeting. Maxner notes that in addition, the split rail fence in area has to be repaired. Griffin agrees to get that addressed. Orders of Conditions Vicinity of 35 Whirling Drive, DEP File #5 -1152- — extension of Nelson Avenue roadway Matthew Power Discussion ensues as to potential conditions to apply to the project. Squibb moves to approve the project subject to Standard Conditions and the following Special Conditions: 1. This Order of Conditions allows the construction of the roadway extension within Beverly only up to the Beverly - Wenham corporate line. Work related to the construction of the roadway extension within Wenham will require review and approval by the town of Wenham as appropriate. 2. This Order of Conditions prohibits any additional filling of the floodplain or changes to the grades /elevations on the site for all parts of this project (i.e. roadway extension, Lot A and Lot B) beyond which are depicted on the approved plan. 3. Prior to the Conservation Commission sign off or release of either of the Building Permits for Lot A and Lot B, the floodplain compensatory floodplain storage shall have been built and an as -built plan showing calculations of floodplain fill and compensation shall be submitted to the Commission. Secnded by Donnelly. The motion carries 4 -0. Cont: Nelson Avenue, Parcel A, DEP File #5 -1151— Matthew Power Discussion ensues as to potential conditions to apply to the project. Donnelly moves to approve the project subject to Standard Conditions and the following Special Conditions: 1. This Order of Conditions prohibits any additional filling of the floodplain or changes to the grades /elevations on the site for all parts of this project (i.e. Lot A, Lot B and roadway extension) beyond that which is depicted on the approved plan. 2. Prior to the Conservation Commission sign off or release of either of the Building Permits for Lot A and Lot B, the floodplain compensatory floodplain storage shall have been built and an as -built plan showing calculations of floodplain fill and compensation shall be submitted to the Commission. Conservation Commission June 30, 2015 Meeting Minutes Page 7 of 11 3. Prior to construction, the proposed erosion control shall be installed along the limit of the 25 -Foot No Disturb Zone (this placement of erosion control is different from that which is depicted on the approved plan so as to protect the edge of the NDZ without the proposed landscaping encroaching beyond this zone.) 4. Prior to construction or any work on site, the limit of the 25 -Foot No Disturb Zone (NDZ) falling within Beverly shall be marked with weather resistant monuments at a height of not less than 24" to be installed at each point where the NDZ bisects the corporate boundary and one monument shall be installed in the middle of the NDZ arc. These markers shall have plaques bearing language on their upland side reading "No Disturbance Beyond This Point By Order Of the Beverly Conservation Commission ". The Conservation Administrator shall inspect the installed markers and /or fence prior to construction. These monuments shall be kept in good condition. This condition shall survive in perpetuity beyond the issuance of a Certificate of Compliance. Seconded by Squibb. The motion carries 4 -0. Cont: Nelson Avenue. Parcel B. DEP File #5 -1150 — Matthew Power Discussion ensues as to potential conditions to apply to the project. Squibb moves to approve the project subject to Standard Conditions and the following Special Conditions: 1. This Order of Conditions prohibits any additional filling of the floodplain or changes to the grades /elevations on the site for all parts of this project (i.e. Lot A, Lot B and roadway extension) beyond that which is depicted on the approved plan. 2. Prior to the Conservation Commission sign off or release of either of the Building Permits for Lot A and Lot B, the floodplain compensatory floodplain storage shall have been built and an as -built plan showing calculations of floodplain fill and compensation shall be submitted to the Commission. Seconded by Grandoni. The motion carries 4 -0. 98 Valley Street, DEP #5 -1155 — Mike Habich Discussion ensues as to potential conditions to apply to the project. Squibb moves to approve the project subject to Standard Conditions and the following Special Conditions: 1. As mitigation for the proposed addition's incursion into the 25 -foot no disturbance zone, native plantings shall be installed per the following specifications as agreed to by the applicant during the June 30, 2015 hearing: a. Native woody species shall include Clethera alnifolia, Rhododendron viscosum, Lindera benzoin and Betula nigra; b. Plantings shall be installed within a 5 -foot swath (totaling approximately 200 s.f of area) between Wetland Flag A5 and the end of the proposed rip -rap apron discharge point on the upland side; c. The plantings shall exhibit at least 75% overall survivorship after two (2) growing seasons post installation; a qualified wetland consultant shall inspect plantings for survivorship and shall provide a written report of findings to the Commission; A Certificate of Compliance shall not be issued until said survivorship is documented; Conservation Commission June 30, 2015 Meeting Minutes Page 8 of 11 d. This planting area shall be left to naturalize with only manual removal of invasive species allowed as maintenance. This condition shall survive in perpetuity beyond the issuance of a Certificate of Compliance. 2. This Order of Conditions allows for the manual management (i.e. hand pulling) of invasive species of Glossy Buckthorn, Multiflora Rose and Purple Loosestrife. Any other method of removal that is more aggressive (i.e. mechanical or chemical) shall be formally presented to the Commission for review and guidance on additional conditions or separate permitting. This manual management is allowed for as long as this Order is current and valid. Seconded by Donnelly. The motion carries 4 -0. New: 122 Standlev Street Enforcement Order Follow un — Mark Cutler Maxner notes that 26 hay scented fern have been planted amongst the river birch in the buffer zone, with condition of 75% survivorship after two growing seasons (commencing after plant installation). Members discuss follow -up needed. Discussion ensues about the Commission members agree that an RDA shall be required if the property owner is interested in doing more plantings. Squibb moves to issue an amended enforcement order with the following conditions: 1. 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 be complete in September 2017); 2. A final monitoring report, to be prepared by a qualified wetland professional, shall be submitted the Commission after the requisite 2 growing seasons (in October of 2017) detailing plant species, the survivorship rate, general basal coverage, status of control of invasive plant species and any other observations of interest or importance. 3. Further, pursuant to your inquiry as to whether additional plantings will need Commission review, the Commission voted to require that you file a Request for Determination of Applicability (RDA) application should you propose to perform any more landscaping or plantings activities on the property. A formal planting plan must be submitted with the RDA application. Seconded by Donnelly. The motion carries 4 -0. New: Open Space & Recreation Plan Update — OSRC request for comments Maxner explains that the OSRC is in the midst of updating the City's Open Space & Recreation Plan and is asking for the Commission's input on the draft. Members note they had a chance to review it. Maxner explains the OSRC has been updating goals in the 7 -year action plan based on public input meeting and an on -line survey. She notes that major themes emerged from that public input, including: need for more green space in downtown area, increased public access to waterfront, opportunities for community gardening, scenic vistas as part of conservation areas, complying with the complete streets policy. She notes the OSRC plans to do surveys on various Conservation Commission June 30, 2015 Meeting Minutes Page 9 of 11 themes to keep connected with the public and residents, the Committee has a Facebook page, and hosts Earth Day walks as part of public outreach. Discussion ensues on the draft plan and 7 -year action plan. Members do not have any specific recommendations and agree this draft looks to be comprehensive and appreciates the OSRC and Planning Department's hard work. Maxner will draft a support letter on Plan from the Commission. New: Phillips Nature Preserve — Parking violations along shared access driveway Discussion ensues about property being under the care and custody of the Conservation Commission and shared access driveway from Route 97 to gate, and letter from property owner who shares driveway referring to how people using the trails are parking where they should not. Discussion was on need for signage off of Route 97 relative to fire lane and where parking is allowed on shared access driveway. Members agree the following actions should be undertaken: • Install No Parking signage along the shared access drive • Install signage at the pull -off on Route 97 to indicate the preserve's location and allowed parking areas • The Commission would like to look into moving the fire gate closer to the kiosk and establishing a gravel parking area to the right at the edge of the field • They kept in mind running meets and that is part of the reason for the possible gravel parking area • A new poster for the kiosk is needed. Members agree some things on this list can get done quicker than others, with signage requiring funds. Maxner will research if there is a grant available to pay for signage. New: Planning Board Reauest for Comments — Definitive Subdivision Plan of Nelson Avenue The Commission briefly discusses its comments to the Planning Board and members agree to report its approval and Special Conditions. New: Review of Minor Project Permits Issued by Agent since last meeting No minor project permits have been issued since the last meeting. Other Business 183 West Street, DEP File #5 -1102 Request for Extension Maxner explains the property owner is requesting an extension for Order of Conditions that will expire on June 10, 2016, roughly a year from now. The Commission discuss the request and note that it seems premature. The Commission instruct Maxner to alert the property owner that there is a year remaining to the Order. Conservation Commission June 30, 2015 Meeting Minutes Page 10 of 11 46 River Street National Grid — Monitor Well Replacement Maxner explains that National Grid's River Street property received approval for replacement of five monitoring wells to be replaced on Desmond property in 2012. Maxner reads letter from Joe Higgins, LSP for project: One of the wells that was installed at the Desmond property did not survive the winter and is damaged. Grid has made arrangements to replace that well as part of that work would like to replace four other wells as a proactive measure so that they will not be similarly damaged. Grid has scheduled the work to begin on July 13, 2015 and it should require two days to complete. Maxner wanted to confirm that this is allowable as the Commission previously approved well installation. She notes that Grid will store all of the cuttings and any other waste generated during drilling activities in drums that will be transported offsite for disposal. Commission members agree this is allowable as long as the same protocols are followed. Approval of Minutes - November 18, 2014, December 9, 2014 and January 6, 2015 meetings Members offer edits to Maxner for the draft minutes. Squibb moves to approve the November 18, 2014 minutes as amended. Seconded by Bertoni. The motion carries 2 -0 -2 with Grandoni and Donnelly abstaining as they were not seated on the Commission at that time. Bertoni moves to approve the December 9, 2014 minutes as amended. Seconded by Squibb. The motion carries 2 -0 -2 with Grandoni and Connelly abstaining as they were not seated on the Commission at that time. Squibb moves to approve the January 6, 2015 minutes as amended. Seconded by Bertoni. The motion carries 2 -0 -2 with Grandoni and Donnelly abstaining as they were not seated on the Commission at that time.Maxner notes she will place a disclaimer at the top of all of these minutes that explains the lack of quorum approving the minutes due to turnover in Commission membership. New: Expenditure Approvals Squibb moves to approve the Commission's annual membership to MACC that is up for renewal at $525.00 that includes the Commission members and Maxner as staff. Seconded by Donnelly. The motion carries 4 -0. Squibb moves to approve the Commission buying yearly subscriptions to the on -line version of the MACC Environmental Handbook — the cost is $15 per person, with 7 (6 members, 1 staff) subscriptions coming to $105.00. Seconded by Bertoni. The motion carries 4 -0. Adjournment Conservation Commission June 30, 2015 Meeting Minutes Page 11 of 11 Squibb moves to adjourn at 10:05 p.m. Seconded by Grandoni. The motion carries 4 -0. The next regular meeting of the Conservation Commission is Tuesday, July 22, 2015 at Beverly City Hall, 3 d Floor Council Chambers, 191 Cabot Street.