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2015-05-19CITY OF BEVERLY PUBLIC MEETING MINUTES BOARD: SUBCOMMITTEE: DATE: BOARD MEMBERS PRESENT BOARD MEMBERS ABSENT: STAFF MEMBERS PRESENT: OTHERS PRESENT: RECORDER: Conservation Commission May 19, 2015 Chair Christine Bertoni, Vice Chair Robert Buchsbaum, Jay Donnelly, Richard Grandoni, Tony Paluzzi, Bill Squibb Allison Crosbie, Associate Planner Jane Dooley Bertoni calls the meeting to order at 7:00 p.m. at Beverly City Hall, 3rd Floor Council Chambers, 191 Cabot Street, Beverly, MA. CERTIFICATES OF COMPLIANCE New: 10 Birchwoods Drive, DEP File #5 -979 — installation of in- ground pool - Jessica Cracker Crosbie notes the Commission received a request for continuance to the June meeting. Paluzzi moves to continue until the June 9, 2015 meeting. Seconded by Buchsbaum. The motion carries 6 -0. New: 32 Tozer Road, DEP File #5 -1071 - renovate existing building, perform various stormwater management system improvements and upgrades, and construct addition, install wetland and buffer zone restoration plantings — Cell Signaling Technology Crosbie notes the Commission received a request for continuance to the June meeting. Paluzzi moves to continue until the June 9, 2015 meeting. Seconded by Squibb. The motion carries 6 -0. REQUEST FOR DETERMINATION OF APPLICABILITY New: Various Streets in Beverly — repaving section of roadways throughout Beverly City of Beverly Paluzzi moves to table until the City Engineer can attend later during the meeting. Seconded by Squibb. The motion carries 6 -0. Conservation Commission May 19, 2015 Meeting Minutes Page 2 of 10 City Engineer Greg St. Louis joins the meeting and speaks to RDA filed by the City of Beverly Engineering Department for Chapter 90 and City funded roadway repair work. The project entails grinding and re- paving existing roadways, renovation /replacement of damaged sidewalks and curbing, and subsurface utility repair /replacement where needed. Ground material as well as gravel used temporarily during road construction will be loaded into trucks and not stockpiled. St. Louis notes work will be confined within the existing right -of -ways of Morning Side Drive, Cole Street, Bailey Avenue, Brimbal Avenue, Colon Street, Fosters Point, Washington Street, Grover Street, County Way, Greene Street, Stewart Lane, Essex Street, Dodge Street, Hale Street, Hart Street, Haskell Street and Park Street. The work will be done in conjunction with the City's Water Department and National Grid. St. Louis notes that generally the work is exempt under minor activities relative to the Wetlands Protection Act. A number of the streets have culvert crossings. The Water Department coordinates with National Grid and the Highway Department on trench work. Discussion ensues about how there is not much earth work that would require erosion control most of work to be done is within existing pavement and shoulders. Work will begin on June 1st and water work is ongoing throughout the City one to two streets at a time ahead of paving. Temporary patching will be used for potholes. St. Louis responds to one attendee's inquiry about extent of work on Park Street and schedule for paving. Discussion addresses how spot repairs are done on catch basins where issues are identified. St. Louis responds to Ms. Smith, 27 Linden Avenue, about the paving schedule determined by consultant relative to her interest in roadway repairs in Goat Hill area. Paluzzi moves to issue a Negative #3 Determination. Seconded by Buchsbaum. The motion carries 6 -0. Recess for Public Hearings Paluzzi moves to recess for public hearings. Seconded by Buchsbaum. The motion carries 6 -0. ABBREVIATED NOTICE OF RESOURCE AREA DELINEATION New: 11 -15 Sunnycrest Avenue — verify and confirm character and extent of wetland resources on site — PD Building, LLC Gary Patch Crosbie reads the legal notice. The Conservation Commission has been asked to review and affirm the extent and character of delineation of wetland on 11 -15 Sunnycrest Avenue. Bob Griffin representing the applicant describes how the wetland resources are being defined on an approximately six acre parcel so future development can be laid out on the parcel to meet wetland regulations (i.e., setbacks). The property is currently developed with a single family house at 11 Sunnycrest Avenue and a two - family house at 15 Sunnycrest Avenue. There is BVW and the parcel is not near any certified or other vernal pools, and it is not located within any FEMA flood plains, riverfront or tidal streams. Bill Manuell has reviewed property to define wetland resources and has flagged southern end of property which has BVW. There is a Conservation Commission May 19, 2015 Meeting Minutes Page 3 of 10 15" buried drain pipe that is 150' long and carries water to resource area and beyond property. He opines that drainpipe has caused 1,700 feet of BVW area. There are two upland knolls on the site. The site is densely wooded and has not been used for agricultural use in years. There are invasive species on the property which has a significant grade change of 34' across the site. The parcel will be covered by the OSRD ordinance for development plan with alternative layouts and 50% of land for open space relative to yield plan and possible proximity to wetland. There is a small triangle on the site in the 25' No Disturb Zone. The intermittent stream at the site is not noted on GIS maps. Discussion addresses possibility of access to site being located at Sunnycrest Avenue rather than Hayes Avenue. Griffin responds to David Lang, City Councilor, that abutters can attend the Commission's site walk at the property. Lang expresses abutter concern about increased flooding in area due to development. Griffin notes that a wetlands biologist was at site and no vernal pool habitat was identified. In response to resident of 3 Netherton Avenue, Griffin mentions that a Victorian house on the site might be demolished. Griffin responds to Tom Rowe how drainage plan will include how to offset runoff at the site. No perc testing has been done on the ledge which may have to be blasted. In a response to resident of 35 Hayes Avenue, Griffin states that no studies have been done of existing drainage patterns. The attendee mentions that there are a number of in- ground pools in area relative to possible blasting. A resident expresses concern about potential flooding from future development. Griffin notes that wetland delineation will be reviewed on site walk. Resident of 29 Hayes Avenue, states his concern about the existing drainage problems in area including City owned drain on his property and potential for exacerbation as well as impact on wildlife habitat. Joyce speaks to interest in keeping the property as is. Discussion ensues about how endangered species are protected in wetland habitat. Mike, Sunnycrest Avenue, speaks to two developed lots and one unbuilt lot (this is not owned by the applicant). Griffin notes that wetland delineation is strictly on 6.1 acre parcel and nearby BVW should be clear relative to 100' buffer zone line. David Ayerheart, Sunnycrest Avenue, mentions current drought conditions when the Commission will be doing its site walk. Another attendee speaks to how the Commission did not allow installation of pool due to proximity of wetlands. Discussion addresses the Commission's approval role relative to potential mitigation for partial development in wetland area, sequence of public meetings with City boards and committees, and review of flagged wetland line on site walk. The Commission scheduled a site visit on Saturday, May 30 at 8 a.m. Donnelly moves to continue the hearing until June 9, 2015 meeting. Seconded by Squibb. The motion carries 6 -0. NOTICES OF INTENT Cont: 5 Quincy Park — Jack Altshuler Crosbie notes the Commission received a request for continuance to the June meeting. Paluzzi moves to continue until the June 9, 2015 meeting. Seconded by Buchsbaum. The motion carries 6 -0. Cont: 16 Bayview Avenue, DEP File #5 -1141— construct fixed concrete pier, with associated gangway and floating dock — Tom Doherty Conservation Commission May 19, 2015 Meeting Minutes Page 4 of 10 Crosbie notes the Commission received a request for continuance to the June meeting. Paluzzi moves to continue until the June 9, 2015 meeting. Seconded by Buchsbaum. The motion carries 6 -0. Cont: 181 (201) Elliott Street — construct 6 -story residential building, stormwater facilities — Beverly Commerce Park, LLP This was tabled earlier in the meeting and then addressed with Steve Drohosky, general manager of the Cummings Center, Mike Aveni, project architect, Mark Slater from Allen Engineering, and Dennis Clarke, CEO of Cummings Properties. The proposed 73 -unit condominium, six -story building will be constructed on foundation built for hotel at the site in a flood zone. A response has been done to comment letter from the City Engineer that contains 41 detailed comments on the plans. In addition, a subsequent conversation has occurred with City Engineer on his 11 further comments. The Engineering Department has submitted a letter to the Commission stating that the project can go forward and comments will be dealt with prior to permit issuance. A comment letter has also been received from DEP that raises same issues addressed with the City's Engineering Department. Discussion ensues about DEP's inquiry relative to actual resource area as bordering land subject to storm flowage or land subject to coastal storm flowage. Slater notes that consensus with the City Engineer is that this is land subject to coastal storm flowage and not bordering land subject to flooding. The flooding source comes from coastal storms not inland storm events, and there are no performance standards for compensatory storage. City Engineer Greg St. Louis states that drainage structures in the area discharge into culvert at McKay and Elliott Streets. The topography of Elliot Street allows Bass River to surcharge Elliott Street in the direction of Cummings Center. Impervious cover will be calculated and supplied to the City for its record documenting the decrease in project narrative proposed. The roof runoff is bypassing the proprietary separators. Discussion ensues about reaching 80% standard for stormwater management relative to new construction. There was also mention of notation needed on landscape plan for 100' buffer zone, and if there would be any impact of building balconies on setback. Stockpiling of snow will be outside of project area to the east of the site. Paluzzi moves to close the hearing. Seconded by Donnelly. The motion carries 6 -0. Cont: 131 Brimbal Avenue — Sunoco. Inc. Crosbie notes the Commission received a request for continuance to the June meeting. Paluzzi moves to continue until the June 9, 2015 meeting. Seconded by Donnelly. The motion carries 6 -0. New: 9 Cherry Road — construct addition, install enhancement plantings — Eric & Julie Zeff Crosbie reads the legal notice. The project consultant, John Judd of Gateway Consultants explains the applicant proposes to construct an 18'x 22' addition to existing single family home Conservation Commission May 19, 2015 Meeting Minutes Page 5 of 10 within 100 -foot buffer zone to bordering vegetated wetland and 200 -foot riverfront area to a perennial stream. Judd notes the applicant is also proposing enhancement plantings (blueberry, inkberry, switch grasses intermittently spaced) immediately adjacent to the stream. John ,Gateway Consultants, representing the applicant describes 15,000 square foot lot and first floor addition that would be located 57' from wetland, erosion control is proposed, and buffer zone is existing lawn. Mitigation is proposed for construction within riverfront. Gutters will be used on new dwelling and sheet flow will continue through 43'of lawn area mowed to shrub line. An existing shed will remain in same location. A planting plan will be provided with two -year, 75% survival rate. Paluzzi moves to close the hearing. Seconded by Buchsbaum. The motion carries 6 -0. New: Vicinity of 35 Whirling Drive, DEP File #1151— extension of Nelson Avenue roadway — Matthew Power New: Nelson Avenue, Parcel A, DEP File #1151 — construct new single family house — Matthew Power New: Nelson Avenue, Parcel B. DEP File #1150 — construct new single familv house — Matthew Power John Dick, Hancock Associates, representing the applicant describes extension of road to and beyond the WenhamBeverly line to allow two small residential lots consistent in size to lots in abutting subdivision. Work to take place within 100 -foot buffer zone to an Isolated Vegetated Wetland located in Wenham, and Bordering Land Subject to Flooding. The project will require a T -type turnaround. Fill planned for flood plain will be compensated for in gravel pit area of wetland to provide compensatory storage for roadway. Discussion ensues about need for site walk to review buffer zone with wetland consultant. Also, how NOI process involves re- noticing and re- advertising for the project. Dick states that none of the project falls within 200 -Foot Riverfront Area. Discussion addresses impact of beaver activity in the area resulting in transition to marsh, and that there is no vernal pool potential. A site walk is scheduled on Saturday, May 30, 2015 at 9:30 a.m. Paluzzi moves to continue the hearing until June 9, 2015. Seconded by Buchsbaum. The motion carries 6 -0. New: Bass River — Phase II dredging of Bass River south of Bridge Street to confluence of Danvers River — City of Beverly Crosbie reads the legal notice. Ron Bourne of Bourne Consulting, describes the proposal to do Phase II mechanical maintenance dredging of a section of the Bass River from Bridge Street (i.e. the Hall Whitaker Bridge) north to vicinity of the Bass Haven Yacht Club. Army Corps of Engineers has approved offshore disposal (at sea) of removed material. No dredging will be performed in 300' area of National Grid site due to contamination until hazardous material is removed to bottom of river and taken to a disposal site (estimated timing to complete is one year). Bourne notes the City is pursuing the approval process followed by effort to seek state /federal funding for the project. The intent is to have National Grid's work done first and then dredge the Conservation Commission May 19, 2015 Meeting Minutes Page 6 of 10 entire area (this could take the City's contractor two years to complete). A physical demarcation will be used as part of dredging process and monitoring will used on dredging barge. Mitigation is being proposed to address sedimentation from the City's streets. The consultant has responded to a recently received letter from Division of Marine Fisheries addressing the Phase II project. Consultant notes that dredging is planned within historic footprint. No dredging will occur from February 15' until June 30 due to consideration for winter flounder (sometimes waivers are allowed). In addition, mitigation addresses shellfish habitat. New hydrographic surveys will be done before dredging occurs. Discussion ensues with John Hayes, Bass Haven Yacht Club, about the project that has been proposed for seven years, sediment causing a sand bar and difficulty for deeper draft boats in the river, and funding for project including from yacht club. A MEPA EIR process had to be done for the project due to National Grid contamination and was completed for the whole river project. Bourne notes that MEPA has granted a waiver from an ENF for Phase I process. Discussion with Ken Smith, 27 Linden Avenue, addresses how environmental buckets are going to be used with dredging to screen silt. There was mention that once the project is funded National Grid is committed to cleaning up its contamination. In addition, that physical samples may have to be taken to ensure nothing has changed since previous samples were tested. Kevin Desmond, abutter to National Grid, notes that the portion of river to be dredged at National Grid was so contaminated it could not be disposed of at sea. This contamination extends to the Desmond property which has prevented any dredging to occur and would require additional filings with DEP by the utility. In response to Phil Bartlett and another resident who use river daily for fishing, Bourne explains that when project is underway traffic will be allowed up and down river. A Chapter 91 dredge permit is required. Discussion was on process for pier owners to coordinate dredging at their properties as part of the project and what their Chapter 91 requirements would be. Donnelly moves to close the hearing. Seconded by Squibb. The motion carries 6 -0. OLD/NEW BUSINESS New: 242 Dodge Street — Enforcement Order Follow -up — Scott Barbeau Consultant James Morin for Herrick Consulting reports on remediation plan and test holes planned to assess how much fill was used, and that the City is invited to witness the test holes which could occur next week. Dig Safe process will be used. Discussion addresses how a slope would be redone, a site survey has been done and once test pits are dug then a mediation planting plan would be proposed (i.e., white pine), fill material removed and plants installed. Discussion ensues on $8,900 in fines that have not been paid and how the Commission has not enforced any more fines since property owner is taking action. City Engineer Greg St. Louis speaks to his comments relative to history of project, plan needed for site with preconstruction topography related to FEMA maps, and that he has seen soil being placed on the site in the last year. St. Louis is a qualified soil evaluator, will review test holes, and notes that there is as much as 40' of unpermitted construction within the Commission's jurisdiction. Discussion ensues about unpermitted activity and interest in site being restored to acceptable condition, and how plan should show test holes as well as original topography as it relates to construction topography. Conservation Commission May 19, 2015 Meeting Minutes Page 7 of 10 The consultant will provide plan with test holes to St. Louis and Maxner, viewing will occur of test holes and findings from St. Louis will be received by June 5t''. The consultant also has to provide the Commission with planting /mediation plan (for fill removal in 100 year flood plain and stabilization plan for slope) by June 9t''. Fines will resume if plans are not submitted by June 5t''. Discussion addresses how a lien could be put on the deed for the outstanding fines which would be voted on June 9th. Paluzzi moves for the Commission to go with timeline discussed (test holes by May 29t'', plans in by June 5t'' or fines will resume, lien on deed will be discussed at the Commission's June 9t'' meeting). Seconded by Squibb. The motion carries 6 -0. New: Review of Minor Project Permits Issued by Agent since last meeting No minor project permits issued since the last meeting. New: Expenditure Approvals Paluzzi moves to pay $275.00 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 6- 0. Comments on OSRD Standley Street subdivision The Commission reviews plan revisions that include a new sidewalk as opposed to a trail at the rear of Lots 1 -4. Paluzzi moves that the Conservation Commission prefers the sidewalk solution to the pathway. Seconded by Buchsbaum. The motion carries 6 -0. Approval of Minutes No minutes were ready for the Commission's approval. Other Business None since the last meeting. Orders of Conditions Various Streets in Beverly — repaving section of roadways throughout Beverly City of Beverly Discussion ensues about Standard Conditions and the following Special Conditions: additional hay bales shall be stored in work areas. Conservation Commission May 19, 2015 Meeting Minutes Page 8 of 10 Buchsbaum moves to issue Standard Conditions and the following Special Conditions as discussed. Seconded by Donnelly. The motion carries 6 -0. 181 (201) Elliott Street Discussion ensues as to possible conditions. Paluzzi moves to issue Standard Conditions and the following Special Conditions as discussed: 1. Prior to construction, the applicant shall revise all plans in the plan set to include the limit of the 100 -foot buffer zone and copies of revised plans shall be provided to the Conservation Commission for its file. 2. Prior to construction, the applicant shall provide pre - development and post - development impervious surface calculations to the City Engineer and carbon copy the Conservation Commission. 3. Prior to construction, the applicant shall provide complete stormwater calculations (pre and post volumes /flow rates) and any other necessary supporting documentation to the City Engineer and carbon copy the Conservation Commission. 4. Pool drawdown shall not occur within 2 weeks of chlorination. Drawdown or backwash shall not be directed to any adjacent wetland resource area. This condition shall run in perpetuity and shall survive the issuance of a Certificate of Compliance 5. The Operation & Maintenance of all stormwater BMP's shall be adhered to, and all maintenance and inspection reports per the Stormwater Operation and Maintenance Plans shall be submitted to the Conservation Agent on an annual basis no later than December 31st of each year. This condition shall run in perpetuity beyond the issuance of a Certificate of Compliance. Seconded by Buchsbaum. The motion carries 6 -0. 9 Cherry Road Discussion ensues as to possible conditions. Buchsbaum moves to issue Standard Conditions and the following Special Conditions as discussed: 1. The native plantings shall be installed not less than 5 feet from the bank of the stream. 2. Mowing shall cease between the native plantings the bank of the stream or between a line drawn from the rear edge of the shed and the bank of the stream, whichever is most landward. This condition shall survive in perpetuity beyond the issuance of a Certificate of Compliance. 3. Stockpiling, dumping or storing of yard waste or any other materials within the 25 -Foot No Disturb Zone shall not be conducted, or if on -going shall cease. This condition shall survive in perpetuity beyond the issuance of a Certificate of Compliance. 4. The native plantings shall exhibit at least 75% survivorship two growing seasons after installation. A Certificate of Compliance shall not be issued until 75% survivorship is verified. Seconded by Paluzzi. The motion carries 6 -0. Conservation Commission May 19, 2015 Meeting Minutes Page 9 of 10 Bass River Discussion ensues about Standard Conditions and the following Special Conditions: 1. Prior to commencing any activity, a schematic of all proposed construction controls including dewatering, erosion control and silt boom installation shall be provided to the Conservation Administrator for the record. 2. Recommendations contained in the February 28, 2012 comment letter from Division of Marine Fisheries are incorporated herein and made part of the Order of Conditions. These recommended conditions include: a. All dredge footprints shall be marked in the field using GPS coordinates and buoys placed at the surface as a guide for the contractor during dredge activities; b. A time of year restriction prohibiting work between February 15 and June 30 of any year shall be enforced to protect winter flounder spawning and juvenile development; c. To mitigate the loss of Land Containing Shellfish (which includes both Phase I and Phase 11 impacts), an area of 95,000 square feet of shellfish re- seeding shall be implemented with guidance from and coordination with the Division of Marine Fisheries. d. Stormwater quality /treatment improvements are recommended, and are in part addressed in Special Condition # 3 below: 3. Prior to the issuance of a Certificate of Compliance, the following stormwater Best Management Practices, as part of planned management activities intended by the City Department of Public Services, shall be implemented at the City DPW Garage /Yard located at 148 Park Street: a. The materials stockpile bays (which store discarded asphalt, catch basin and street sweeping spoils and other materials) shall be equipped with a roof system to shelter the materials from direct contact with rain and snow, therefore decreasing the amount of runoff coming from the bays; b. The catch basin immediately downstream from these bays, which connects to drainage that discharges to the Bass River, will be upgraded with a stormwater treatment device (Vortechnix Unit, Stormceptor or equivalent) to achieve improved TSS removal and water quality treatment; c. During the appropriate seasons, a street sweeper is reported to be operational on a daily basis at some location in the City, and it is proposed to have the sweeper sweep the DPW yard daily after coming back from its route — this schedule may be modified to not less than once per week. 4. Prior to commencing dredging activities, a copy of any and all protocol and /or monitoring plans (as required by DEP, ACOE and that resulting from any required habitat restoration program) shall be submitted to the Commission for review and record. 5. Wherever possible, during dredging activities, surface debris (i.e. bikes, shopping carts etc...) shall be removed manually and disposed of properly. Should such debris fall outside of the dredging footprint, an effort shall be made to reach the material by small boat or dinghy and taken out by hand with minimal disturbance to the substrate. Conservation Commission May 19, 2015 Meeting Minutes Page 10 of 10 Paluzzi moves to issue the conditions as discussed. Seconded by Buchsbaum. The motion carries 6 -0. Adjournment Buchsbaum moves to adjourn at 11:35 p.m. Seconded by Paluzzi. The motion carries 6 -0. The next regular meeting of the Conservation Commission is Tuesday, June 9, 2015 at Beverly City Hall, 3 d Floor Council Chambers, 191 Cabot Street.