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2015-09-01CITY OF BEVERLY PUBLIC MEETING MINUTES BOARD: SUBCOMMITTEE: DATE: BOARD MEMBERS PRESENT BOARD MEMBERS ABSENT STAFF MEMBERS PRESENT OTHERS PRESENT: RECORDER: Conservation Commission September 1, 2015 Chair Christine Bertoni, Vice Chair Robert Buchsbaum, Jay Donnelly, Tony Paluzzi, Bill Squibb Richard Grandoni 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. Recess for Public Hearings Paluzzi moves to recess for public hearings. Seconded by Donnelly. The motion carries 5 -0. NOTICES OF INTENT and /or ABBREVIATED NOTICES OF INTENT Cont: 5 Quincy Park, DEP File #5 -1117 — Jack Altshuler Bob Griffin representing the applicant describes how project involves construction of rip rap revetment to protect the existing concrete seawall which runs nearly the entire length of the seaward side of 5 Quincy Park property for 100'. He notes they have been working to address comments from Division of Marine Fisheries and DEP and have submitted a summary of their findings to the Commission. DMF noted that the area is mapped as suitable shellfish area for soft shell clams, however he explains he performed test pits along the beach in front of the seawall where the toe of the rip rap would be placed, and there was no evidence of soft shell clam activity and the sediment characteristics were not conducive for clam habitat needs. There is the slight possibility that blue shell mussels could grow on the revetment. Griffin opines that there would not be any significant impact on shellfish growth due to the revetment work. Griffin explains that the advantage of the revetment which will have holes to provide non- uniform surface will reduce wave reflection, noting a similar revetment was built a few years ago in area and has held up well. There is a concrete apron at the top of the wall into the lawn which helps prevent erosion when waves top the wall. Griffin states the coastal bank is a man -made structure, noting that the sediment in the beach is compact and dense and capable of supporting rip rap stones. The proposal is to embed a toe beyond the base of the wall into the beach for 3'. Coastal Beach impact is calculated at 1300 square feet. The revised wall will be more resistant to weather at the site with less chance of erosion under the revetment. No design changes have Conservation Commission September 1, 2015 Meeting Minutes Page 2 of 9 occurred since the Commission first discussed the project. Excavated material will be removed from the area unless otherwise directed by the Commission. The project will require a Chapter 91 license. Discussion ensues about how it would be costly to relocate wall back so toe would not be in public beach, with 6 Quincy Park having a seawall that is in worst condition. Means and methods of work include: area to be accessed with construction vehicles at low tide by way of Water Street landing. Bertoni asks if there are any questions from the audience. Rick Marciano of McKay Street, asks about how the public could walk along here at low tide. Griffin responds that people can simply walk around the rip rap toe. Bertoni asks if there are any questions from the audience. There are none. There being no further questions or comments from the Commission, Paluzzi moves to close the hearing. Seconded by Buchsbaum. The motion carries 4 -0 -1 with Donnelly abstaining. Cont: 16 Bayview Avenue, DEP File #5 -1141— construct fixed concrete pier, with associated gangway and floating dock — Tom Doherty Maxner notes the Commission received a request for continuance to the September 22, 2015 meeting. Buchsbaum moves to continue. Seconded by Paluzzi. The motion carries 5 -0. Cont: 400 Hale Street — construct access roadway to northeast campus area — Endicott College c/o Dennis Monaco Joe Orzel of Wetlands Preservation Inc., Charlie Wear of Meridian Associates, and Dennis Monaco of Endicott are present for the applicant. Orzel addresses the Commission and provides an detailed overview of the proposed mitigation program including three main phases: 1) tree and shrub replacement for those removed from No Disturb Zones (i.e., several large trees primarily eastern hemlock, black birch, red oak, white pine), 2) vernal pool habitat enhancement by planting 2' to 3' high button bush within the vernal pool for egg attachment sites, plantings in buffer zone and 3) removal of trash in the buffer zone twice a year. Discussion ensues about 22 eastern hemlock to be replaced with red spruce, white pine and white spruce, with Buchsbaum questioning if red spruce are hardy enough for this New England planting zone. Orzel and Buchsbaum discuss the attributes of red spruce, with Buchsbaum noting a native to this part of New England may be more appropriate. Orzel hands out a written alternatives analysis and accompanying plan that summarizes alternative locations for the physical plant building relative to wetland resources and access issues at other locations on the campus. Discussion ensues about whether or not the alternatives likely have the same elimination properties in the future for other projects. Donnelly expresses concern that the College is not considering all alternatives including structured parking that would significantly reduce footprints of projects. He asks that the College seriously investigate this option. Conservation Commission September 1, 2015 Meeting Minutes Page 3 of 9 Orzel turns to Wear for stormwater drainage review. Wear reviews the City Engineer's last set of comments, noting how connection to utilities is well out of buffer zone as is hydrant to water connection, which may not concern the Commission. He notes that 5' shoulders will be included on the plan with 2' of gravel and 3' of grass which will assist with infiltration. Also he notes consideration has been given to truck turning regulations but no changes were made relative to that. For gravity sewer three specific locations for drain manholes and impervious barrier around trenches will be added to plan. Two pump stations are on Hale Street. The Commission addresses how ledge on site is broken and large excavator should be able to pull it away. Bertoni expresses her reservations about the project because the College does not have any specific plans for the site beyond the road at this point and thus the full impact of the project as a whole is unknown. Monaco notes that the existing Physical Plant building at the site is too small for the College's needs with limited storage space for materials. He notes that beyond the Physical Plan he does not know what the College will plan for the area. Maxner suggests that this line of discussion be discontinued as the question of build out plans has been asked numerous times with no answer forthcoming. She recommends that the Commission focus its review on the alternatives analysis and whether the applicant has met its burden of proof and if mitigation offered is adequate for the scope of work in the NDZ and extent of waivers requested. She offers to draft a set of conditions for consideration at the next meeting that may provide an Order should the Commission vote to approve the project (i.e., the Commission could condition how the roadway is used once the final use for the site is determined). She asks that the Commission members review all material submitted to date and develop a list of findings relative to waiver criteria in the Beverly Wetlands Regulations. Donnelly mentions how the College has been growing and how this is the time that analysis be done for parking structure and associated costs. Bertoni asks if there are any questions from the audience. Rick Marciano of McKay Street, speaks to tracing the deed to when City of Beverly owned property in 1988 relative to Witch Lane dirt road and interest in the College making a good faith effort to keep trail system open to the public. Jonathan Loring, 502 Hale Street, speaks to former carriage roads and access to wood lots. He expresses concern about what the College could put at the site and potential increase in traffic, as a new resident hall is being added to the College's campus now. There being no further comments or questions, Buchsbaum moves to continue the hearing until the September 22, 2015 meeting. Seconded by Paluzzi. The motion carries 5 -0. Cont: 17 Victor Avenue — repair eroding stream bank — Anthonv Paluzzi Paluzzi recuses himself as a Commissioner and provides a presentation of the project. He notes he is proposing to repair a section of stream bank that is eroding, which is immediately adjacent to the existing garage. The proposed work is to repair area by installing an 18' wall set on foundation using crushed stone to fill block wall with a cap over culvert, loam installed as well Conservation Commission September 1, 2015 Meeting Minutes Page 4 of 9 as native grasses. A wooden dam would be used to divert any floow during work period estimated to be three days. He explains the excavated dirt will be removed, new loam installed and seeding done. Bertoni asks if the elevation of stream bed will be changed. Paluzzi stated it will not. Discussion ensues about potential for flooding and how runoff drains from Prospect Hill to Essex Street to the neighborhood area. Alternative analysis was done and solution with the wall is standard. Bob Griffin representing the applicant states that this solution will stabilize the bank and protect the garage foundation, and notes excavation below the bottom of the stream bed is expected to be 6" and crushed stone would be installed.. Maxner notes that DEP comments were received on the initial submittal and DEP weighed in on how a professional contractor should be used to do the work who is familiar with erosion and turbidity. Maxner forwarded the formalized plan to DEP and is not sure if they will submit final comments. Paluzzi states he would like to get the work done at the end of the month. Straw waddles and filter sock are proposed for erosion control. Any sediment accumulated at erosion control will be taken offsite. Bertoni asks if there are any questions from the audience. There are none. There being no further questions or comments from the Commission, Donnelly moves to close the hearing. Seconded by Buchsbaum. The motion carries 4 -0 -1 with Paluzzi abstaining. OLD/NEW BUSINESS Cont: 28 Whitehall Circle, DEP File #5 -1133 — enhancement planting plan - Manor Homes Development, LLC c/o David Carnevale Bob Griffin representing the applicant speaks to pro- active enhancement planting plan to mitigate construction of the retaining wall around the proposed pool which may impact the root system of the large oak tree slated for preservation, despite the Commission's special condition that the wall be built to respect the tree's drip edge. The mitigation plan proposes six shrubs (i.e., silky dogwood, sweet pepper bush) as well as mulch, in addition to the previously proposed maple trees. The Commission reviews the plan. Species of shrubs are discussed. Survivorship is discussed, with members agreeing 100% survivorship 2 -years post installation is required. Maxner notes the Commission should issue a Minor Modification to the Order to ensure recording, thus ensuring leverage for compliance in carrying out this planting plan. Donnelly moves to approve the Minor Modification. Seconded by Paluzzi. The motion carries 5- 0. Cont: Chapmans' Corner Estates Subdivision Roadway, DEP File #5 -862 — discussion regarding outstanding fines per January 23, 2013 Enforcement Order — Manor Homes Development, LLC c/o David Carnevale Maxner reminds members the Commission took enforcement action and imposed fines for non- compliance with the Order in early 2013 for project proponent's failure to keep the roadway and catch basins free of sediment. Follow up reporting of maintenance /monitoring activities were not been submitted resulting in fines (totaling $1,200 - $200 a day for 6 days) which are still Conservation Commission September 1, 2015 Meeting Minutes Page 5 of 9 outstanding. She notes these issues were discussed with the project engineer at a previous meeting and did not take final action. Discussion ensues about whether the fines should be paid with Bertoni noting the threat of fines resulted in compliance with the Enforcement Order. Griffin notes that there was an unusual storm event and sediment did not go any further than detention basins thus no impact to the wetlands occurred. He states that the current system could handle any future storm events and reiterates that the subdivision project is nearly complete. Donnelly moves that the applicant pay the fine of $1,200 by October 1, 2015. There was no second to the motion. The motion fails. Buchsbaum moves to rescind the fine. Seconded by Paluzzi. The motion fails 2 -2 -1, with Paluzzi and Buchsbaum in favor, Bertoni and Donnelly opposed and Squibb abstaining. The Commission agrees will vote again on this issue at its next meeting when Rick Grandoni is in attendance to perhaps resolve the vote one way or another. Cont: Planning Board Request for Comments — 11 -15 Sunnycrest Avenue Initial OSRD Site Plan Review — PD Building, LLC Bob Griffin project engineer explains this 6 -acre site with frontage on Sunnycrest Avenue and most of wetland behind houses on Hayes Avenue. The Commission will recall issuing an Order of Resource Delineation confirming wetland resource areas consisting of BVW and bank earlier this summer for this property. He notes the yield plan shows two small cul de sacs and 8 new houses including preservation of house at 11 Sunnycrest Avenue and demolition of 15 Sunnycrest. There will be an area for detention pond as well. Griffin explains the OSRD conceptual plans noting the differences between them. The Commission reviews the plans and general discussion ensues as to preferred features of the concept plans. Maxner asks if the applicant can anticipate the Planning Board to require an NOI for the yield plan. Griffin states he is hopeful that won't be the case and asks if the Commission could support not requiring an NOI. Members discuss the yield plan relative to buffer zone impacts, with Buchsbaum noting that the 25' NDZ is respected. General discussion ensues with the following points noted by Commission members: • all three conceptual plans avoid work or impact of any kind within the 100 -foot buffer zone associated with the wetland. The Commission supports any and all efforts to keep work and impacts outside the wetlands and buffer zone as the definitive plans are developed. • both Concept Plan A and Concept Plan C propose two less lots /units than what the conventional plan yields. Plan A and Plan C result in less density, disturbance and impervious surfaces that would otherwise necessitate mitigation. Concept Plan A appears to best fit into the character of the neighborhood while affording the new lot owners clear and separate boundary lines and roadway frontage thereby reducing the potential for abutter conflicts over shared easements and the like. • it is the Commission's sense that perhaps time and resources are best spent further developing the 7 -lot concept plans as opposed to preparing, reviewing and processing a Notice of Intent for a yield plan that will not get constructed. Conservation Commission September 1, 2015 Meeting Minutes Page 6 of 9 Buchsbaum moves that the Commission write a letter to the Planning Board with the Commission's comments as discussed. Seconded by Paluzzi. The motion carries 5 -0. New: 50 (52) Dunham Road, DEP File #5 -1123 - unauthorized clearing within buffer zone — Cummings Properties, Anderson Clark, LLP Steve Drohosky, Mike Aveni and Dennis Clark are present for Cummings. Maxner explains that during a site inspection conducted in July by Chair Bertoni and Vice Chair Buchsbaum, herself, Steve Drohosky, Mike Aveni and Dennis Clark at 50 Dunham Road relative to the pending ANRAD litigation, unauthorized tree and vegetation clearing was observed within the 100 -foot buffer zone and no disturb zone. Chair and Vice Chair asked that the limits of clearing be field delineated and placed on a plan to present to the Commission. Mike Aveni explains that the area was surveyed by Hancock Associates to confirm exactly where the clearing occurred and provides an updated plan showing limits of clearing relative to buffer zones and no disturb zones. The limits of clearing on the plan identified some areas that were cleared inside of those zones. Aveni explains the proposal is to allow encroached areas to revegetate naturally with shrubs and erosion and sediment controls will be moved to appropriate location. The area had been intended to be used as a materials storage area and there is interest in a future access road to area. Members review the clearing plan, with Bertoni noting that restoration of this area should be more aggressive and demarcation of the limits of NDZ and buffer zone need to be installed clearly visible in the field. Donnelly agrees noting that a full restoration plan should be developed with habitat enhances included. Discussion as to possible issuance of an Enforcement Order requiring full restoration of the NDZ and buffer zones. Squibb moves to issue the Enforcement Order with the following conditions as discussed: ➢ Continue to cease and desist from any further work within this area entirely; ➢ Secure the services of a wetland scientist or other qualified environmental consultant to assist in the following: o Prepare a restoration plan that shows: ■ Jurisdictional wetland resources, vernal pools, and 100 -foot buffer zones and no disturb zones; ■ The areas and descriptions of clearing impact within jurisdictional areas; ■ A restorative planting plan that reestablishes these areas with native trees at not less than a 1:1 replacement ratio for trees removed of not less than 4 ", native shrubs and herbaceous plantings to stabilize the soil and restore plant diversity, structure and enhance both vernal pool and pond habitat; ■ The plan shall reintroduce ground habitat features that provide food, shelter, migratory and overwintering areas for wildlife species that utilize the vernal pool and associated wetland and the pond; • The planting plan should include species, size, number and general locations of proposed plant material; • The plan shall include signage to be installed along the edges of the no disturb zones and buffer zones to clearly demarcate the limits of these zones in the field; Conservation Commission September 1, 2015 Meeting Minutes Page 7 of 9 Limits of the buffer zones and no disturb zones shall be flagged in the field for observation by the Commission; This plan shall be submitted to the Commission no later than 12:00 noon on Tuesday October 6, 2015; Fines of $100 per day shall be assessed for everyday that said plan is not submitted after 12:00 noon on Tuesday October 6, 2015. Seconded by Buchsbaum. The motion carries 5 -0. Aveni asks the Commission for guidance as to Cummings' proposed to plant beautification trees (i.e., Japanese cherry) along the access drive to create a boulevard -type entrance to the commercial park. He notes that the planting areas are in existing manicured lawn. This would be in the buffer zone and adjacent to certified vernal pool. Commission members agree that an RDA should be sufficient for the scope of this proposal. Cont: Waring School Field Encroachment Resolution Proposed Resolution Action Plan — Waring School c/o Atty. Tom Harrington Attorney Tom Harrington and Joanne Avalon representing the Waring School. Harrington notes that revisions to the Resolution Action Plan and MOU were made. He notes that Greenbelt is working on drafting the CR. He briefly reviews the Article 97 Disposition process. Members review the Action Plan and MOU, with Bertoni noting that it looks to be in order but would require City Solicitor review and approval. Members agree to forward to the City Solicitor. Paluzzi moves to continue to the September 22, 2015 meeting pending City Solicitor review and approval. Seconded by Squibb. The motion carries 5 -0. New: Planning Board Request for Comments — 44 & 52 Standley Street Definitive OSRD Site Plan Application — RC Realty Trust c/o Thomas Carnevale Discussion ensues with Mike Rosati, Marchianda Associates, representing the applicant as to the definitive OSRD plan that developed through the initial review phase. Rosati provides an overview of the plan which incorporates the Commissions' comments. Buchsbaum notes that this plan reflects what the Commission looked for during the initial review process. Members review and generally discuss the elements of the plan. Maxner notes the comment letter would note that this is the favored plan that came out of the initial review process, and that the Commission is amenable to accepting the open space ownership, and demarcation of the open space at the back of the lots should be required. Paluzzi moves that the Commission write a letter with this evening's discussion points to the Planning Board. Seconded by Buchsbaum. The motion carries 5 -0. Review of Minor Project Permits Issued by Agent Maxner notes she has issued no Minor Permits since the last meeting. Expenditure Approvals There were no expenditures for the Commission's approval this evening. Conservation Commission September 1, 2015 Meeting Minutes Page 8 of 9 Approval of Minutes Buchsbaum moves to approve March 3, 2015 minutes as amended. Seconded by Bertoni. The motion carries 3 -0 -2 with Donnelly and Squibb abstaining. Orders of Conditions 5 Quincy Park, DEP File #5 -1117 — Jack Altshuler Discussion ensues as to possible conditions to apply to the project. Buchsbaum moves to issue Standard Conditions and the following Special Conditions as discussed: 1. The Conservation Commission reserves the right to reopen the public hearing should DEP, through its Chapter 91 licensing process, submit comments that alter the proposed project design. 2. If the design of the revetment return at the neighboring property line change from what is show on approved plan, prior to implementation in the field the applicant shall submit a request for Minor Modification to the Commission for its review and approval. 3. All stones used in construction of the revetment shall be clean and free of any dirt, sand or debris. 4. As described in the Notice of Intent, a track - mounted excavator will be allowed to traverse the beach during a receding tide to the work area, gaining access from Water Street Ramp located to the west. No construction equipment of any kind shall be stored within the wetland resource areas, on the beach or buffer zone. 5. As described in the Notice of Intent, the stone used in construction of the revetment shall be an average size of 3 feet in diameter, between 1,000 and 6,000 lbs, with an average of 3,000 lbs. 6. Sand that is excavated from the footprint of the toe of the revetment shall be left on the beach and spread out evenly along the length of the excavation area. It is anticipated that the subsequent tide(s) will redistribute the sand naturally. Seconded by Squibb. The motion carries 4 -0 -1 with Donnelly abstaining. 17 Victor Avenue, DEP File #5 -1157 — Anthony Paluzzi Discussion ensues as to possible conditions to apply to the project. Bucsbaum moves to issue Standard Conditions and the following Special Conditions as discussed: 1. This work shall be undertaken by a professional contractor who has done this type of project and is familiar with erosion and turbidity control. 2. To ensure compliance with Special Condition #1 above, the contractor shall provide references for projects working in wetland resource areas that he /she has undertaken and completed in the recent past. 3. Work shall take place during low flow periods, however if dewatering of seeping groundwater and /or diverting any flows of the brook from within the work area is necessary, the contractor shall be present proposed dewatering /flow diversion methods to the Conservation Agent prior to any work commencing for review and approval. Conservation Commission September 1, 2015 Meeting Minutes Page 9 of 9 Seconded by Bertoni. The motion carries 4 -0 -1 with Paluzzi abstaining. Adjournment Paluzzi moves to adjourn at 11:15 p.m. Seconded by Donnelly. The motion carries 5 -0. The next regular meeting of the Conservation Commission is Tuesday, September 22, 2015 at Beverly City Hall, 3 d Floor Council Chambers, 191 Cabot Street.