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2015-08-11CITY OF BEVERLY PUBLIC MEETING MINUTES BOARD: SUBCOMMITTEE: DATE: BOARD MEMBERS PRESENT: BOARD MEMBERS ABSENT STAFF MEMBERS PRESENT OTHERS PRESENT: RECORDER: Conservation Commission August 11, 2015 Chair Christine Bertoni, Jay Donnelly, Richard Grandoni, Tony Paluzzi, Bill Squibb Vice Chair Robert Buchsbaum Planning Director Aaron Clausen 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. UEST FOR DETERMINATION OF APPLICABILITY Cont: 39 South Terrace — Charles Ram Charles Raymond describes how he revised the Zoning Board of Appeals Special Permit decision to shrink the footprint of the proposed two story addition outside of the first 100 feet of the riverfront area, and that roof runoff over entryway will be directed to the drywell. The 660 square feet of increased impermeable surface from roof will have runoff coming off of drip edge to perforated infiltration pipe to dry well. He notes the ZBA approved the modification to the final Special Permit on August 6, 2015. Paluzzi moves to find that a Notice of Intent is not required for this project and issue a Negative #2 Determination. Seconded by Squibb. The motion carries 5 -0. New: 133 Common Lane — plant native trees — Joanna & Steve Catalucci — The applicant asked that this application be withdrawn without prejudice. Paluzzi moves to approve the withdrawal without prejudice. Seconded by Squibb. The motion carries 5 -0. NOTICES OF INTENT Recess for Public Hearings Paluzzi moves to recess for public hearings. Seconded by Donnelly. The motion carries 5 -0. Cont: 5 Quincy Park — Jack Altshuler Conservation Commission August 11, 2015 Meeting Minutes Page 2 of 7 Discussion ensues about how there is not a quorum to address the matter and applicant's civil engineer is not available to provide a status update. Paluzzi moves to continue the hearing until September 1, 2015 meeting. Seconded by Grandoni. The motion carries 5 -0. Cont: 16 Bayview Avenue — Tom Doherty Squibb moves to continue the hearing until September 1, 2015 meeting as requested by the applicant's engineer. 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 Paluzzi moves to table until the consultant arrives. Seconded by Squibb. The motion carries 5 -0. Paluzzi moves to un -table this item since applicant's representatives arrived at meeting. Seconded by Squibb. The motion carries 5 -0. Joe Orzel representing the applicant describes site walk and how centerline of proposed driveway was staked and review was done of trees and 25' No Disturb Zones that would be protected. As well as where mitigation plantings would occur. The Commission reviewed these wetland systems under an Order of Resource Delineation June /July of 2013 (ORAD decision is attached to NOI). 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. A waiver request worksheet is included in the NOI package. The application and stormwater report is being reviewed by the City Engineer. Discussion with Charles Wear, Meridian Engineering, addresses buildable areas on the College's campus and three alternatives presented with waiver request (small impingement of 25' NDZ along road) that would require crossing wetlands, location in 100' buffer zone and be near by- law vernal pools. At the current facility there is minimal space for parking for employees, outdoor storage of material (mulch), and deliveries. Preliminary discussion has occurred about locating public safety in this part of the campus. Discussion ensues about if blasting was required would it impact 25' NDZ or if drilling technique would be used to remove ledge to reach desired grade and locate utilities, 2,000 yards of material would be removed and 6,000 yards of material brought in. There was mention about how approach is to not take water away from wetland or vernal pool. The roadway will have a grassy shoulder area which will allow wildlife migration. Trees to be removed in 25' NDZ will be replaced. Discussion ensues about accessibility on the property especially to trails in relation to the Landmark School site. Also mentioned was impact of stormwater in proposed trench and if it would drain to wetland; analysis was done. Conservation Commission August 11, 2015 Meeting Minutes Page 3 of 7 Clausen read the letter from City Engineering Greg St. Louis submitted August 10, 2015. The College will respond to these concerns in a document before the Commission's next meeting. Discussion ensued about crossing at baseball field and pavement from Landmark School encroaches on the College's property. Discussion was on wind turbines, software used to assess flicker effect when it is spinning, and potentially little impact resulting from loss of shadow on vernal pool if trees are removed. As well as how the limit of work is determined based on existing profile (i.e., where would the roadway be located based on ledge, setbacks to wetland and vernal pool) relative to finished surface to existing grade. Discussion addresses dimensional requirements under fire protection regulations and maximum required slope (10 %), the roadway is designed to handle the City's fire and emergency apparatus and large maintenance vehicles. In response to a resident of Hale Street, the representative states that red oak, white pine, black birch, hemlock vary in size and it is not known now how many would be removed. Trees to be replanted would be in 5' to 6' range. Most of the trees within 100' of buffer zone will not be touched so vernal pool will not be exposed to direct sunlight. Charles Loring, 502 Hale Street, inquires about monitoring of blasting proposed in area. Most of the ledge along the roadway is fractured. Blasting permit would be required from Fire Department, a certain level of blasting is allowed and monitored, reverberation occurs through ledge. The Commission asks the applicant to provide information on any proposed blasting. Resident of 15 Thissell Street, addresses how maintenance vehicles traveling over the roadway to and from the maintenance facility would contain salt and petroleum products, effect on environment and if there would be a mitigation plan. This would be addressed in operation and maintenance plan for roadway. Discussion was on stormwater regulations and protection for groundwater and water quality from EPA, DEP and at local level. When the College built the dormitory and ice skating rink it stayed outside of the buffer zone and away from vernal pools. Steve Fletcher, 18 Bissell Street, expresses neighborhood /abutter concern about facility being proposed, access to trail network that should be spoken to by applicant, truck traffic and pollution. Discussion ensues about WPA in place to protect resources not to prohibit development, and roadway accessibility relative to vernal pool habitat. Paluzzi moves to continue the hearing to the September 1, 2015 meeting. Seconded by Donnelly. The motion carries 5 -0. Cont: 17 Victor Avenue — repair eroding stream bank — Anthony Paluzzi Paluzzi asks for a continuance as he has not received a plan from his engineer yet. Donnelly moves to continue to the September 1s meeting. Seconded by Squibb. The motion carries 4 -0 -1 with Paluzzi abstaining. New: 782 Cabot Street — construct addition, install in- ground pool and patio — Nancy Buchanan Clausen reads the legal notice. William Manuell of Wetlands & Land Management is present for the applicant and explains the project. He reviews the plan noting the applicant wishes to construct 12'x 36' addition to rear of existing house, remove existing above - ground swimming Conservation Commission August 11, 2015 Meeting Minutes Page 4 of 7 pool and install 18'x 37' in- ground pool, associated patio and equipment. Work to take place within 100 -foot buffer zone to bordering vegetated wetland, with the closest part of the project (grading around pool) being 50 +/- feet from the wetland. Manuell fields the Commission's questions relative to proposed grading, pool backwash system and handling, timing of the pool and addition construction. Bertoni asks if there are any questions from the audience. There are none. Donnelly moves to close the hearing. Paluzzi seconds the motion. The motion carries 5 -0. OLD /NEW BUSINESS Cont: 28 Whitehall Circle, DEP File #5 -1133 — enhancement planting plan - Manor Homes Development, LLC c/o David Carnevale & 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 Paluzzi moves to continue these two items to the September 1st meeting as the applicant's engineer is not present at the meeting. Donnelly seconds the motion. The motion carries 5 -0. New: 52 Dunham Road, DEP File #5 -1123 — Request for Minor Modification to Order of Conditions — Cummings Properties, LLC c/o Stephen J. Drohosky Michael Aveni, Cummings Properties architect, speaks to minor modification where the subsurface stormwater treatment device is to be substituted with an alternative for 5 -story mixed use building. The Order was issued in September 2014. A building permit has been issued for foundation, blasting will occur at site. The alternative proposed consists of a Cultec unit with higher stormwater capacity plastic chambers versus concrete product that has a satisfactory TSS removal rate (97 %), no trucks or crane would be needed, all work could be done by hand. The City Engineer indicates in his recent email correspondence that he finds the change acceptable provided that enhanced reporting by a third -party inspector / pipe cleaning company is acceptable for the use of isolator rows, and the Commission could consider quarterly reporting for the first 3 years with semi - annual reporting to follow after that (fall /spring). The cleaning of the isolator rows should be conducted once there is there is 3- inches of sediment, every 5 years, and per manufacturers specifications; whichever is more restrictive. The footprint will fit under the garage. The system will capture roof and road runoff. Paluzzi moved to issue a Minor Modification with conditions as recommended by the City Engineer. Seconded by Donnelly. The motion carries 5 -0. The Commission took a break at 9:15 p.m. and reconvened at 9:20 p.m. New: 3 Melvin Avenue, DEP File #5 -982 — Request for Extension to Order of Conditions — Paul Gareri Conservation Commission August 11, 2015 Meeting Minutes Page 5 of 7 Members note that Amy Maxner's staff report explains that the Gareris have undertaken interior renovations to the house within the existing footprint and have not started any of the outside, footprint- changing work due to fiscal constraints. The Order, issued in August of 2008, governs demolition of the existing rear porch and bump out, pour new concrete foundation to accept a 20'x 28' addition with rear deck, remove and reconfigure existing walkways and driveway to be constructed of previous materials, plant native trees and shrubs, restore salt marsh with salt marsh grass and plant its edge with salt tolerant shrubs. Work to take place within Salt Marsh, Buffer Zone to Coastal Bank and Salt Marsh, 200 -Foot Riverfront Area to Danvers River, and Land Subject to Coastal Storm Flowage. The Gareris indicated that they want to start the work under the Order as soon as they can, finances allowing but don't want the Order to expire as work cannot commence or continue under expired Orders. Paluzzi moves to extend Order under the Beverly Wetland Ordinance and Regulations for one year period to August 2016. Seconded by Donnelly. The motion carries 5 -0. New: Planning Board Request for Comments — 11 -15 Sunnycrest Avenue Initial OSRD Site Plan Review — PD Building, LLC Paluzzi moves to hold off on comments until the September 1, 2015 meeting so the applicant's consultant can field questions from the Commission. Seconded by Bertoni. The motion carries 5- 0. New: Planning Board Request for Comments — 50 & 54 Boyles Street OSRD Definitive Site Plan Review — Symes Development & Permitting, LLC Discussion ensues on how the Commission has already submitted information on the OSRD to Planning Board. The Open Space & Recreation Committee recommended in its comment letter that the open field should be kept as meadow habitat with a management plan similar to that created for 875 Hale Street subdivision. Discussion addresses how the Planning Board has chosen alternative #1 since it impacts wetland buffer area less and provides a greater buffer to surrounding property owners. The wetland has been flagged at the site and observed by Maxner with 100' buffer zone along western edge of property. Open space value at the site would be to preserve wildlife habitat, tree canopy, and protecting wetland resources. The site will have a private road maintained by homeowner's association. Paluzzi moves to ask Maxner or Clausen to draft a letter to Planning Board recommending maintenance of forest, incorporate language in homeowner's covenant regarding Lot 2 that part is zoned 100' buffer to BVW and open swale areas remain grassy meadow and planted with meadow mixture. Seconded by Grandoni. The motion carries 5 -0. New: Expenditure Approvals Conservation Commission August 11, 2015 Meeting Minutes Page 6 of 7 Paluzzi moves to approve $100.00 payment 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; and $100.00 payment to the Ipswich River Watershed Association for renewal of the Commission's annual membership. Seconded by Grandoni. The motion carries 5 -0. Approval of Minutes Paluzzi moves to approve July 22, 2015 minutes as amended. Seconded by Donnelly. The motion carries 5 -0. Other Business Discussion ensues about the Cummings Center's interest in installing a hydrologic structure at the high end of its former Shoe property to capture sediment and responsibility for periodic cleaning relative to discussion about cleaning up existing sediment in Shoe Pond. The Cummings Center is interested in having analysis done relative to improving the quality of the pond water. The City has a grant to build a tidal structure at culvert by Cummings Center to prevent tidal flooding from coming onto the Cummings Center property. Orders of Conditions 782 Cabot Street — construct addition, install in- ground pool and patio — Nancy Buchanan Discussion ensues about Standard Conditions and the following Special Conditions: 1. If the construction of the pool and addition are phased and happen at different times, a pre - construction meeting, as outlined in Standard Conditions 15 and 16 below, shall be held for each project element before they occur. 2. Any dewatering from excavation activities related to the pool or addition shall be directed upland away from the wetland resource area on the upland side of the erosion controls. Any de- watering of trenches or other excavations required during construction shall be conducted so as to prevent siltation of wetland resource areas. All discharges from de- watering activities shall be filtered through haybale sediment traps, silt filter bags or other means approved by the Commission or its Administrator. 3. Pool drawdown (for winter closure) shall not occur within 2 weeks of chlorination or operation of the pool to allow dissipation of chlorine before pool water is released into the environment. Drawdown shall be directed over upland to maximize infiltration. Drawdown shall not be directed to the wetland and not less than 50 feet from the wetland. This condition shall run in perpetuity and shall survive beyond the issuance of a Certificate of Compliance. 4. If a cartridge system is not employed as part the pool filter operation, pool backwash shall be directed not less than 50 feet from the wetland over upland to maximize infiltration. Backwash shall not be directly discharged to the wetland. This condition shall run in perpetuity and shall survive beyond the issuance of a Certificate of Compliance. Conservation Commission August 11, 2015 Meeting Minutes Page 7 of 7 Donnelly moves to issue Order of Conditions as discussed. Seconded by Squibb. The motion carries 5 -0. 39 South Terrace Discussion ensues about Standard Conditions with no special conditions. Donnelly moves to issue Standard Conditions. Paluzzi seconds the motion. The motion carries 5 -0. Adjournment Donnelly moves to adjourn the meeting at 11:15 p.m. Seconded by Squibb. The motion carries 5- 0. The next regular meeting of the Conservation Commission is Tuesday, September 1, 2015 at Beverly City Hall, 3 d Floor Council Chambers, 191 Cabot Street.