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2015-03-31CITY OF BEVERLY PUBLIC MEETING MINUTES BOARD: SUBCOMMITTEE: DATE: BOARD MEMBERS PRESENT BOARD MEMBERS ABSENT STAFF MEMBERS PRESENT OTHERS PRESENT: RECORDER: Conservation Commission March 31, 2015 Chair Christine Bertoni, Jay Donnelly, Paul Knight, Tony Paluzzi, and Bill Squibb Robert Buchsbaum Amy Maxner, Environmental Planner Barbara King, OSRC member 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: 232 Essex Street, DEP File #5 -1112 - construct conventional subdivision roadway associated utilities, grading and stormwater management devices — DiBiase Corporation c/o Paul DiBiase Maxner notes this Order governs the conventional subdivision plan which served as the yield plan for the eventual OSRD site plan recently approved by the Planning Board. The OSRD subdivision plan was subsequently permitted with the Commission and the resulting Order of Conditions rules, making the conventional subdivision Order obsolete. Therefore the applicant is seeking to close this obsolete Order out to clean the title to the property. Squibb moves to issue a Certificate of Compliance. Seconded by Paluzzi. The motion carries 4- 0-1 with Donnelly abstaining. REQUEST FOR DETERMINATION OF APPLICABILITY New: 232 Essex Street, Kelleher Pond — perform trail and pond access maintenance and improvements — DUC Residential, LLC Maxner reads legal notice. John Ogren, Hayes Engineering, representing the applicant, provides an overview of the project which is the result of the developer's agreement to perform improvements to the open space areas prior to transfer to the City. Work is to include: • replacement of missing sign, • trimming and limbing of trees below 15 feet & trimming of underbrush that is over 3' in height, • selective removal of trees (subject to Con Com approval), Conservation Commission March 31, 2015 Meeting Minutes Page 2 of 9 • installation of three benches along Essex Street, and removal of existing dock, and any vegetation obscuring access to the pond will be cut back. • stone dust will be laid down on existing path with 3' wide minimum clearance, and a break established in existing chain link fence to allow access to school property. • remove any trees or brush that is encroaching stone culvert and to water line. • remove any trash or dead wood on island in the middle of the pond. Discussion ensues about keeping the perimeter of the pond as naturalized as possible with specific access points. A waiver is requested for 25' No Disturb Zone since majority of activities will occur within this area. Conditions for the project are discussed. Maxner reminds the Commission that it required the 25' No Disturb Zone on the Children's Learning Center side of the pond to be restored and left to naturalize and therefore stone dust on this side will be prohibited. Maxner or one of the Commissioners will be onsite to work with developer to determine which trees can be slated for removal and other trimming and limbing. Maxner reads a letter from Leah Zambernardi, Assistant Planning Director, who works with the Planning Board working with the applicant through the OSRD process relative to the work proposed under this RDA. Paluzzi moves to issue a Negative Determination #3 with the following Conditions as discussed: 1. Stone dust paths shall be no wider than 3 feet, with minimal clearing or cutting of vegetation on either side. 2. Aside from removal of the dock and those activities permitted under Order of Conditions #5 -1127, any other alteration of the east side of the pond is prohibited. 3. The existing access path to the dock on the east side of the pond shall be left to naturalize and fully re- vegetate. 4. The Conservation Agent and /or a member of the Conservation Commission shall be on site to guide tree removal, pruning and dock removal activities. Seconded by Squibb. The motion carries 5 -0. Recess for Public Hearings Paluzzi moves to recess for public hearings. Seconded by Squibb. The motion carries 5 -0. NOTICES OF INTENT Cont: 5 Quincy Park — Jack Altshuler Maxner notes the Commission received a request for continuance. Donnelly moves to continue to the April 28, 2015 meeting. Seconded by Squibb. The motion carries 5 -0. Conservation Commission March 31, 2015 Meeting Minutes Page 3 of 9 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. Squibb moves to continue to the April 28, 2015 meeting. Seconded by Paluzzi. The motion carries 5 -0. Cont: 9 Ober Street, DEP File #5 -1145 — construct stone revetment along eroding coastal bank, construct stairs, landing and retractable stairs for beach access — Charles Harris Scott Skunik with CLE Engineering, representing the applicant notes the Commission conducted a recent site inspection, and reviews the project. Discussion ensues about impossibility of bringing a boring rig to house -side of the site, noting concern over destabilizing the integrity of the bank due to weight of such machinery. Members review the project and Skunik responds to Commission questions. Possible special conditions are discussed. Construction equipment and methods are discussed for water -side access. Bertoni asks if there are any questions from the public. There are none. There being no further questions from the Commission, Paluzzi moves to close the hearing. Seconded by Donnelly. The motion carries 5 -0. Cont: 147 West Street, DEP File #5 -1132 — request to Amend Order of Conditions to convert lawn to native plantings and install deer fence — Margarita Medini John Dick, Hancock Associates, and Laura Gibson, landscape architect, representing the applicant. Dick explains he has provided a written analysis revisiting the character of the resource areas on site, and argued that due to FEMA mapping changes: the elevation of the 100 - year floodplain (AE Zone) changed from 8 to 14 according to updated FEMA flood maps; and that inland Bordering Land Subject to Flooding changed to Land Subject to Coastal Storm Flowage, and noted addition of associated Coastal Bank on West Beach side, not along Chubbs Brook tidal riverfront area. Maxner notes that this has been reviewed by City Engineer who is in agreement after his review of all of the materials submitted by Mr. Dick. Gibson reviews the other changes proposed and responds to Commission questions. Bertoni asks if there are any questions from the public. There are none. There being no further questions from the Commission, Knight moves to close the hearing. Seconded by Squibb. The motion carries 4 -0 -1 with Donnelly abstaining. Cont: 5 Pilgrim Heights — construct garage, driveway provements and reconstruct /reconfigure existing pier — David & Amy Dines Bob Griffin representing the applicant, notes that the Commission conducted a recent site inspection. He notes changes to the plan that include: stormwater runoff from proposed garage will be sent to an infiltration structure which has been added to the plan, the elevation of pier and Conservation Commission March 31, 2015 Meeting Minutes Page 4 of 9 walkway has been raised up (elevation 10.2 above 100 year flood elevation), AE zone is at the site. The width of the pier was reduced from 8' to 5' and length was shorted from 40' to 35'. An existing concrete float will be removed and only wooden float used. He suggested the gap between 6" wide boards be 3/8 ". The new pilings will be driven (vibrated in place) from a barge at high tide. Remnant piles will be pulled out or flush cut. Members review the plan and discuss the project with the engineer. Bertoni asks if there are any questions from the public. There are none. There being no further questions or comments from the Commission, Paluzzi moves to close the hearing. Seconded by Donnelly. The motion carries 5 -0. Cont: 131 Brimbal Avenue — redevelop /reconfigure site, construct new building, fuel pumps, island and canopy — Sunoco, Inc. c/o Anthony Williams Steve Harrison with Bergmann Associates, representing the applicant reviews the project and notes the Commission conducted a recent site inspection. He notes that in response to the Commission's request the building will be moved farther away from wetlands while maintaining visibility from cashier station to all of the pumps, a parking space will be eliminated to further reduce impacts to 25' NDZ, and impervious surface in this buffer will be removed. Silt fence will be installed for erosion control at limit of construction. Grading and landscaping will occur between the new fence and the existing edge of pavement that is going to be removed. Discussion ensues about area that will be used for snow storage and how this should not go into disturbed area that will be restored. Harrison explains that once the Commission approves the proposal, a finalized plan will be prepared and submitted. Discussion ensues as to whether the new building design could remain in the same footprint of existing building. Harrison explains the company's desire to construct a larger footprint for business purposes. Discussion ensues as to mitigation and restoration of the buffer zone and wetland resources, with Harrision noting the applicant could come to the Commission with a mitigation plan in the summer when better observation of site conditions could take place. City Engineer comments on the stormwater proposal are discussed, with Harrison noting that all comments have been incorporated into the plan. Bertoni asks if there are any questions from the public. There are none. There being no further questions or comments from the Commission, Paluzzi moves to close the hearing. Seconded by Donnelly. The motion carries 5 -0. The Commission took a break at 9:00 p.m. and reconvened at 9:05 p.m. OLD/NEW BUSINESS Cont: Standley Street Conservation Land Waring School Field Encroachment — Update on Revisions to Resolution Conservation Commission March 31, 2015 Meeting Minutes Page 5 of 9 Maxner explains the School has provided an amended resolution as discussed with Waring School representatives at the last meeting. She notes the School is comfortable with status quo regarding allowed parking on their campus. The Commission will ask for clarification on if construction is for two parking spaces. Discussion addresses language in resolution relative to donor family consent, and details that identify /clarify what parcels are being swapped, according to the Assessor's map. This resolution will be taken to the donor family by Ed Becker of ECGA. Maxner notes that if community gardens were to be located at this open space, a license between the Con Com and the garden council is needed as part of process to prepare site for the gardens. Barbara King, OSRC member and Garden Council member, speaks to how community garden organization is working on becoming a separate entity from Beverly Bootstraps and in working with OSRC to help facilitate the relocation of the community gardens to the Standley Street Con Com land, subject to Commission approval. She notes that Lexington and Belmont have located community gardens on conservation land as a passive use. Paluzzi moves to approve the amended language as reviewed and discussed this evening subject to City Solicitor review and approval. Seconded by Squibb. The motion carries 5 -0. New: Cummings Properties — discussion with applicant re: wetland application for 181 Elliott Street construction of 6 -story building within a mixed use development — Beverly Commerce Park, LLP Maxner notes that Cummings has informed her that a Notice of Intent will be filed. No discussion is necessary this evening. New: Planning Board Request for Comments — 30 Foster Street, OSRD Site Plan Initial Review — Lindallwood Realty Trust Bob Griffin introduces the OSRD concept plan for five -acre parcel, cluster subdivision, for two lots versus five lots which were previously approved by the Planning Board. He notes that all work will be done will be more than 200' from the BVW and 1.75 acres of open space land would be conveyed to City of Beverly that is abutting Camp Paradise property being purchased by the City. He notes that a driveway versus subdivision roadway will reduce runoff which was a concern expressed by neighbors and dry wells are proposed. Members review the proposed plan and discuss the benefits of a reduced unit count and open space donation. Paluzzi moves for the Commission to write a letter to the Planning Board encapsulating discussion points this evening. Seconded by Squibb. The motion carries 5 -0. New: Landmark School Tot Lot — tree pruning request — c/o Ben Dugdale, SavATree Maxner explains that Landmark is proposing tree pruning at the tot lot area next to the day care. No tree removal is proposed. Members review the materials submitted by SavATree arborist. Conservation Commission March 31, 2015 Meeting Minutes Page 6 of 9 Paluzzi moves to approve the pruning request as proposed subject to the following conditions: • cut branches shall be taken off site, or if chippings are to be used on site that they be more than 100 feet from the pond. Seconded by Squibb. The motion carries 5 -0. New: Planning Board Request for Comments — 131 Rantoul Street Site Plan and Special Permit applications Discussion ensues about how this project is outside of jurisdiction. Bertoni notes the Commission could comment encouraging low impact development, green technology including plantings for shade and habitat as well as encourage consideration of "complete streets" concept. Paluzzi moves to send comments as discussed. Seconded by Donnelly. The motion carries 5 -0. Orders of Conditions 9 Ober Street, DEP File #5 -1145 — construct stone revetment along eroding coastal bank, construct stairs, landing and retractable stairs for beach access — Charles Harris Discussion ensues as to conditions to apply to the project. Donnelly moves to issue Standard Conditions and the following Special Conditions as discussed: 1. As discussed with and agreed to by the applicant's representative during the March 31, 2015 hearing, the Conservation Commission hereby reserves the right to re -open the public hearing should DEP or the Army Corps of Engineers have any significant comments or recommendations regarding the project. 2. As discussed with and agreed to by the applicant's representative during the March 31, 2015 hearing, to help prevent erosion of disturbed and newly installed soils, natural fiber blankets shall be installed around newly planted shrubs and over areas that will receive broadcast native salt tolerant seed mix. 3. Shrubs to be planted shall exhibit at least 75% survivorship two years after installation. Survivorship and plant conditions shall be verified by a qualified botanist, wetland scientist or equivalent professional. 4. The homeowners shall water newly planted shrubs and seed mix to ensure survivorship as prescribed in Special Condition # 3 above. 5. The Locust trees along the bank slated to be cut shall be cut at least 1 foot above grade to allow for stump sprouting. 6. Prior to any activity commencing, the contractor(s) shall provide a copy of their Spill Prevention Protocol to the Commission for its file. 7. The contractor(s) shall perform a daily inspection of all equipment used on site for leaks of any fluids. Leaks detected shall be addressed immediately by stopping the leak at its source, removing any contaminated soils and restoring the area to its original condition. The contractor shall provide a report of any leaks detected and remedied to the Commission for its file. Conservation Commission March 31, 2015 Meeting Minutes Page 7 of 9 8. The aluminum gangway shall be removed and stored in an upland location at the end of the season, as well as prior to any predicted coastal storm event regardless of the time of year. This condition shall survive in perpetuity beyond the issuance of a Certificate of Compliance. Seconded by Squibb. The motion carries 5 -0. 147 West Street, DEP File #5 -1132 — request to Amend Order of Conditions to convert lawn to native plantings and install deer fence — Margarita Medini Discussion ensues as to the requested amendments to the plan and Order. Members discuss the enhanced planting proposal to replace lawn within the 25' NDZ and make findings as to waiver criteria having been met. Maxner notes that the Findings section will be revised to detail the changes in the FEMA floodplain mapping from BLSF to LSCSF as well as the Commission's NDZ findings. Members note that all of the Special Conditions as part of the original Order still apply. Paluzzi moves to approve the amendment to the Order with an additional Special Condition of "The applicant shall provide specification materials for the proposed SoleCole /SolePave driveway surfacing system ". Seconded by Donnelly. The motion carries 4 -0 -1 with Donnelly abstaining. 5 Pilgrim Heights — construct garage, driveway provements and reconstruct /reconfigure existing pier — David & Amy Dines Discussion ensues as to potential conditions to apply to the project. Donnelly moves to issue Standard Conditions and the following Special Conditions as discussed: 1. Dredging is neither proposed nor permitted under this filing. 2. The seasonal float and ramp /gangway shall be stored at a suitable upland location outside bordering vegetated wetland, or salt marsh. This condition shall survive in perpetuity beyond the issuance of a Certificate of Compliance. 3. While in use, the seasonal float shall not ground out on the substrate, but shall be constructed so that its bottom member shall be at least 2 feet above the mudflat by way of attaching legs to its bottom as depicted on the approved plan. This condition shall survive in perpetuity beyond the issuance of a Certificate of Compliance. 4. As described by the project engineer, construction of the elevated walkway and pier shall be accomplished by maximizing access from the water and upon completed sections of the pier. The barge shall not be allowed to bottom out during low tide, and shall be jacked. The piles shall be installed by way of vibration (driven), not jetted 5. Salt Marsh vegetation shall be avoided during construction. No heavy equipment, vehicles or barges are permitted on bordering vegetated wetland, or salt marsh during construction of the elevated walkway and pier. 6. Any area that is disturbed during construction is to be re- vegetated immediately, or as soon thereafter as the growing season commences, with appropriate local indigenous vegetation. Conservation Commission March 31, 2015 Meeting Minutes Page 8 of 9 7. Any pressure- treated wood proposed to be used in the construction of the structures for land -based use shall be arsenic -free. Any pressure- treated wood proposed to be used in the construction of the structures for salt water contact shall be treated with such preservatives as approved by the EPA and /or the MADEP which is less polluting and harmful to the salt water and its environment. 8. Wood preservative must be dry before any treated wood is used in construction. 9. Prior to construction, the applicant shall provide a copy of the Material Safety Data Sheet for the preservatives in any treated wood product used in construction of the elevated walkway, pier and dock. 10. As described by the project engineer, the existing piles to be abandoned shall either be pulled from the substrate or cut flush at grade and removed and disposed of at a proper facility. Removal of said abandoned materials shall be accomplished via barge. 11. As discussed at the March 31st meeting, the spacing between the decking shall not be less than 3/8 ". The pier shall be no less than 5 feet above mean high water 12. Any cutting or sawing of wood for the elevated walkway, pier or float shall be done in an upland location or fully contained to avoid any sawdust from entering the wetland resource area. Seconded by Paluzzi. The motion carries 5 -0. 131 Brimbal Avenue — redevelop /reconfigure site, construct new building, fuel pumps, island and canopy — Sunoco, Inc. c/o Anthony Williams Extensive discussion ensues relative to the project proposal, the NDZ waiver request and criteria, and potential Standard Conditions and potential Special Conditions. Paluzzi moves to approve the Order of Conditions under the Beverly Ordinance. Seconded by Bertoni. The motion fails 2 -3 with Bertoni and Paluzzi in favor, and Donnelly, Knight, and Squibb opposed. Bertoni asks for discussion on this vote. Donnelly notes he is opposed to approving the waiver as he believes the alternatives analysis was not exhaustive enough to show the applicant carried its burden of proof that there are no alternatives to further reduce impact to the buffer zone (i.e., relocating building or stay within existing footprint of developed land). Squibb agrees noting that the applicant did not explore building configurations that could have moved it further out of the 100' NDZ. Paluzzi moves to approve the Order and conditions as discussed under the state regulations. Seconded by Bertoni. The motion fails 2 -3 with Paluzzi and Bertoni in favor, Donnelly, Knight, and Squibb opposed. Bertoni asks if the Commission could vote on the Ordinance decision considering the discussion. Paluzzi moves to approve the Order of Conditions under the Beverly Ordinance. Seconded by Bertoni. The motion fails 2 -3 with Paluzzi and Bertoni in favor, Donnelly, Knight, and Squibb opposed. Maxner suggests that perhaps the applicant would be amendable to reopening the public hearing to better explore alternatives and develop a more robust mitigation plan. Members discuss this Conservation Commission March 31, 2015 Meeting Minutes Page 9 of 9 option and agree to inquire as to this approach. Maxner will explain the Commission's vote to the applicant's engineer and try to coordinate reopening the hearing. Approval of Minutes No minutes ready for review. New: Review of Minor Project Permits Issued by Agent since last meeting No minor project permits issued since the last meeting. New: Expenditure Approvals No expenditures since the last meeting. Other Business No other business for this meeting. Adjournment Paluzzi moves to adjourn at 11:15 p.m. Seconded by Knight. The motion carries 5 -0. The next regular meeting of the Conservation Commission is Tuesday, April 28, 2015 at Beverly Senior Center on Colon Street.