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2015-10-13CITY OF BEVERLY PUBLIC MEETING MINUTES BOARD: SUBCOMMITTEE: DATE: BOARD MEMBERS PRESENT BOARD MEMBERS ABSENT STAFF MEMBERS PRESENT OTHERS PRESENT: RECORDER: Conservation Commission October 13, 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. Certificates of Compliance New: 1 -3 Cailin Road, DEP File #5 -1091 — construct 2 megawatt AC solar farm and associated appurtenances — Stanley Bialek Bill Manuell, Wetlands and Land Management, representing the applicant reviews the project governed by an Order, issued in November of 2012, for the construction of a 2 megawatt AC solar farm and associated appurtenances within the 100 -foot buffer zone to bordering vegetated wetland. He notes that the ground is stabilized, and stormwater features are stabilized relative to protecting the water quality of Wenham Lake. The minor deviations from the approved plan include security fence is tighter further away from the wetland since fewer solar panels were installed. For the stormwater management there are several sedimentation areas (treatment swale and sedimentation basins). The canopy of indigenous species has filled in after invasive species were removed. The facility operator will continue to upkeep of the invasive species management. Grey birch, red maple, honey suckle is found in the area. The vernal pool has a few wood frog egg masses so submission was not done to state program for certification. Clean water will be used to clean off the solar panels. The grass will be mowed. Maxner notes that she has conducted a final site inspection with Manuell and found the site to be in overall compliance and stable, and saw no outstanding issues. Discussion ensued about ongoing conditions associated with Certificate of Compliance. The Conservation Agent will be called when cutting and pruning of vegetation is proposed and conducted in winter months when ground is frozen. Commission members agree to visit the site since it was such a positive project, a site inspection was scheduled for 8 a.m. on Saturday, October 31. Conservation Commission October 13, 2015 Meeting Minutes Page 2 of 7 Donnelly moves to issue the Certificate of Compliance. Seconded by Bertoni. The motion carries 5 -0. Requests for Determination of Applicability New: 502 Cabot Street, Memorial Middle School Building — demolish existing school building — City of Beverly c/o Michael Collins Maxner reads legal notice. Lauren Hastings, PARE Corporation, representing the applicant, explains that as part of the proposed new middle school, the City will be demolishing the existing Memorial school building beginning in January, with construction planned to begin in April after permits are received for building to be installed on pilings. She explains the nature and location of wetland resources on site, which are Isolated Vegetated Wetlands. She explains that erosion control will be installed around site and at the limit of the 25' NDZ, and demolition work in the buffer zone will include building demolition as well as removal of utilities lines and paved areas. She notes there will be two crushed stone construction entrances and the stockpile area is away from demolition area and will be used once construction starts. There will be filling of wetland and a compensatory 2:1 ratio mitigation area for the actual construction of the school and will come separately under an NOI in December or January. Discussion addresses how engineering team was unaware of underground stream system the flows under the school. All elements of work will be outlined in NOI (i.e., relative to stream system, and location of dewatering basin outside of buffer zone). Two empty oil tanks were abandoned in place and will be removed. There being no further questions or comments from the Commission, Paluzzi moves to issue a Negative #3 Determination with the following conditions: 1. Prior to construction, proper sedimentation and erosion control barriers shall be installed pursuant to the approved plan. Haybales /silt sock shall be staked and secure. 2. Prior to construction, orange construction fencing shall be installed coincident with the erosion controls and shall bear signage stating "Limit of Work ". 3. Prior to construction, the Conservation Commission or its Agent shall inspect erosion controls and orange construction fencing. 4. Dewatering from any excavation on site shall not be conducted within the 100 -foot buffer zone. Seconded by Donnelly. The motion carries 5 -0. New: 133 Common Lane — install native trees along driveway, target spray invasive Japanese Knotweed — Steven & Joanna Catalucci Maxner reads legal notice. Steven Catalucci the applicant addresses the Commission and explains his to intent to target spray herbicide on Japanese Knotweed and install approximately Conservation Commission October 13, 2015 Meeting Minutes Page 3 of 7 15 native trees along driveway. He explains, with a Minor Project Permit issued by the Commission, a first pass of herbicide spraying was done in September and it seemed to have had effect. He notes he has been coordinating with Corliss Brothers about the tree species proposed which include: arborvitae (green giant), fir, Norway spruce, and Eastern red cedar, Corliss noted to him that these are not invasive but are considered ornamental (10' to 12'). Discussion ensued about whether or not erosion control would be used, that excess excavated material will be taken off site, and that invasive species is not a concern. Catalucci clarifies that the spraying may or may not be necessary but he wanted the ability to apply it again if need be. Buchsbaum moves to issue a Negative #3 Determination with special condition that soils excavated for tree installation shall be placed directly into a dump truck and hauled off site. Stockpiling soils is prohibited within the buffer zone. Seconded by Paluzzi. The motion carries 5 -0. New: 50 Dunham Road — install native trees along access drive — Anderson Clark, LLP, Cummings Properties Maxner reads the legal notice. Michael Aveni representing the applicant describes the project invovling planting approximately 39, 2" caliper native maple trees within the 100 -foot buffer zone, minimally in the 25 -foot no disturb zone, and 100 -foot no disturb zone as shown on the plan. Excavated material will be removed by truck. The lawn will remain and there will be mulched area around the base of the trees. Bertoni asks that the certified vernal pool and intermittent stream be called out on the plan as a condition of approval. Maxner notes that the Commission has customarily finds that planting native species within the NDZ's qualifies as a minor enhancement activity which will not result in any negative impact as long as planting is carried out per any conditions. Members agree. Paluzzi moves to issue a Negative #3 Determination with the following conditions: 1. The proposed plan shall be revised to call out the State assigned # of the Certified Vernal Pool and the 25 -foot no disturb zone associated with the intermitent stream. 2. Only manual digging shall be undertaken within the 25 -foot no disturb zone. 3. Excavated soil shall not be stockpiled in buffer zones. Seconded by Squibb. The motion carries 5 -0. Recess for Public Hearings Donnelly moves to recess for public hearings. Seconded by Squibb. The motion carries 5 -0. Abbreviated Notices of Resource Area Delineation New: 480 Rantoul Street — review and affirm extent and character of wetlands on site — Windover Development c/o Chris Koeplin Maxner reads legal notice. Charlie Wear, Meridian Associates, representing the applicant explains the applicant is seeking confirmation as to the delineation of a 1,800 square foot isolated Conservation Commission October 13, 2015 Meeting Minutes Page 4 of 7 vegetated wetland on the site. He notes that an RDA from 2007 was issued by the Commission confirming the IVW delineation. He explains that as part of a previous Order of Conditions some replication work was done adjacent to the wetland, which will expire in November 2015. Wear explains site characteristics noting that the stream that once flowed through the property is piped in a culvert. Discussion ensues about possibility of detention basin for stormwater management at the site and flexibility in site design. Members agree that a site walk is necessary and scheduled one for 9:30 a.m. on Saturday, October 31, 2015. Bertoni asks if there are any questions from the public. Rick Marciano, 151 McKay Street, concurred on the possibility of using the wetland as a detention pond for the site. There being no further questions or comments from the Commission, Buchsbaum moves to continue the hearing until November 10, 2015 pending the site inspection. Seconded by Paluzzi. The motion carries 5 -0. Notices of Intent and /or Abbreviated Notices of Intent 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. Paluzzi moves to continue the hearing until November 10, 2015. Seconded by Squibb. The motion carries 5 -0. Cont: 400 Hale Street — construct access roadway to northeast campus area — Endicott College c/o Dennis Monaco Maxner notes the Commission received a request for continuance. Paluzzi moves to continue the hearing until November 10, 2015. Seconded by Buchsbaum. The motion carries 5 -0. Donnelly moves to reconvene the regular meeting. Seconded by Squibb. The motion carries 5 -0. Old/New Business Cont: 50 (52) Dunham Road, DEP File #5 -1123 — enforcement order follow up restoration plan — Cummings Properties, Anderson Clark, LLP Michael Aveni, Steve Ericksen and Steve Drohosky are present representing the owner. Aveni addresses clearing done in buffer zone and the Commission's Enforcement Order. He provides an overview of the proposed planting plan. Member review the plan and Ericksen responds to Commission questions. Buchsbaum moves to approve the restoration plan as presented subject to the following conditions: • If weather allows, the plantings shall be installed by the end of October this year (2015), if not the planting plan shall be fully executed no later than Maly 31, 2016; Conservation Commission October 13, 2015 Meeting Minutes Page 5 of 7 Any proposed trees shall exhibit 100% survivorship no less than 2 growing seasons post installation; Plantings (any shrubs or herbaceous material) shall exhibit 75% survivorship no less than 2 growing seasons post installation; No Disturb Zone markers shall be installed. Seconded by Paluzzi. The motion carries 5 -0. New: 46 L.P. Henderson Road, DEP File #5 -1144 — request for Minor Modification to Order of Conditions, construct airplane hangar —Alan Battistelli Alan Battistelli explains the modification to the plan which involves shifting the location of proposed airplane hangar by 6 feet to the south, install a concrete block retaining wall around three sides of the perimeter of the building, install crushed stone between the building and retaining wall. Members review the revised plans, with Bertoni noting that the crushed stone perimeter will facilitate infiltration of roof runoff. Paluzzi moves to approve the change as a Minor Modification. Seconded by Squibb. The motion carries 5 -0. New: Planning Board Request for Comments —181 Elliott Street (aka 33 Balch Street, north end of Cummings Center) Site Plan Application — Beverly Commerce Park, LLP Steve Drohosky representing applicant describes proposed 4- story, 40 -unit subsidized elderly housing building at the northeast section of the Cummings' Elliott Street campus which is before Planning Board and Zoning Board of Appeals. The proposal does not fall within the Commission's jurisdiction but an impervious surface will be landscaped. There will be access to the Shoe Pond walkway. The Commission reviews the plans, with Bertoni noting that the new roof will become clean stormwater runoff and the landscaping will increase impervious surface. She suggests that these points be raised with the Planning Board, members agree to send a comment letter to that affect. Cont: Waring School Field Encroachment — Resolution Proposed Action Plan — Waring School c/o Atty. Tom Harrington Maxner explains that the resolution language is being reviewed by the City Solicitor. She notes that a question from Greenbelt as to whether the Commission would be willing to hold the CR on the parcel to be transferred to Waring. Member discuss the possibility of holding the CR and agree that the Commission would be willing to steward the restriction. Maxner will let the parties know. Cont: 90 & 92 Boyles Street, DEP File #'s 5 -972 & #5 -974 — request for extension to Orders of Conditions — Carl Dumas Conservation Commission October 13, 2015 Meeting Minutes Page 6 of 7 Maxner reads the response from Assistant City Solicitor Kevin Corridan into the record regarding the Commission's authority to extend expired Order of Conditions. Local and state regulations require a request for an extension to be filed 30 days prior to the Orders expiration date. The Commission does not have authority to grant an extension in this case since the request for extension was received on the expiration date. She reports that Mr. Dumas will file new Notices of Intent by October 27, 2015 and she recommends the Commission not implement an Enforcement Order since Mr. Dumas has no need to perform any site work at this time. The Commission concurs that it could wait until Mr. Dumas files a new NOI application for the November I 01 meeting and if he does not an Enforcement Order could be issued at that time. Maxner will review the record and conditions and provide a memorandum to the applicant detailing follow actions needed. Cont: 9 Columbia Road — tree management reauest — Jon & Janice Tattersall Maxner explains that the City Solicitor has provided an opinion that the City's arborist is responsible for any tree on City -owned land, and his written opinion was included in the Commission's packets. She reports about her on -site visit with the Mr. Tattersall and the City arborist, at which the arborist found the trees were generally in good shape. She notes that the arborist explained that the trees in question are straddling the property line so any trimming or removal would be a 50/50 split on costs between the City and homeowner. Mr. Tattersall wrote a letter to Maxner and clarified that previous tree work was done and paid for in collaboration with City arborist, which she read into the record. Review of Minor Project Permits Issued by Agent None were issued since the last meeting. Expenditure Approvals Paluzzi moves that $75.00 be paid to attorney Jeffrey L. Roelofs, special counsel to the Commission for his continued work in litigation relative to appeal of the 50 Dunham Road ANRAD, Cummings Properties, LLC, DEP File #5 -1076. Seconded by Buchsbaum. The motion carries 5 -0. Paluzzi moves to reimburse Bertoni for her $95 registration at fall MACC. Seconded by Buchsbaum. The motion carries 5 -0. 14 Cliff Street - Proposed Deck Maxner explains the homeowner wants to install a deck at property on Bass River on Sonotubes over an existing concrete patio. She notes that the new deck would be about 10 to 12 feet from the top of bank which is a concrete retaining wall, and all work will be done by hand. She asks what permit the Commission would prefer to see for this project. The Commission concurs that this should come under an RDA. Conservation Commission October 13, 2015 Meeting Minutes Page 7 of 7 Approval of Minutes — September 1, 2015 and February 3, 2015 Members provide Maxner with amendments. Paluzzi moves to accept the September 1, 2015 minutes as amended. Seconded by Buchsbaum. The motion carries 5 -0. Members provide Maxner with amendments. Buchsbaum moves to accept the February 3, 2015 minutes as amended. Seconded by Paluzzi. The motion carries 4 -0 -1 with Donnelly abstaining. Adjournment Buchsbaum moves to adjourn at 9:45 p.m. Seconded by Bertoni. The motion carries 5 -0. The next regular meeting of the Conservation Commission is Tuesday, November 10, 2015 at Beverly City Hall, 3 d Floor Council Chambers, 191 Cabot Street.