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2015-11-10CITY OF BEVERLY PUBLIC MEETING MINUTES BOARD: SUBCOMMITTEE: DATE: BOARD MEMBERS PRESENT BOARD MEMBERS ABSENT STAFF MEMBERS PRESENT OTHERS PRESENT: RECORDER: Conservation Commission November 10, 2015 Chair Christine Bertoni, Vice Chair Robert Buchsbaum, Richard Grandoni, Tony Paluzzi, Bill Squibb (arrived at 8 P.M.) John Donnelly 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: 565 Hale Street, DEP File #5 -953 — Gregory Thomas Maxner notes the Order, issued in May of 2007, governed work within the 100 -foot buffer zone to bordering vegetated wetland consisting of construction of a paved driveway, subsurface utility installation, drainage structures and landscaping associated with construction of new single - family house outside the 100 -foot buffer zone. To manage stormwater along driveway is a storm gutter and stone dissipater to a low lying area with check dam before culvert. Maxner reports on observations from her final site inspection where all components are built as proposed, stone dissipater is functioning, and there is check dam before culvert. The site is stable. Proposed evergreen plantings near outer limits of buffer zone were not installed and area was left to its natural wooded landscape. She notes that on one on -going condition besides standard conditions is the stone dissipater will need maintenance to address silt and replacing riprap. Paluzzi moves to issue the Certificate of Compliance with conditions for maintenance of stone dissipater. Seconded by Buchsbaum. The motion carries 4 -0. New: 4 Fosters Point. DEP File #5 -995 — Andrew St. Pierre Maxner explains the Order, issued in March of 2009, governed the demolition of the existing house, construction of a new single - family house, installation of porous driveway and walkways, landscaping and mitigation plantings; construction of a new dock, ramp and float system. Work Conservation Commission November 10, 2015 Meeting Minutes Page 2 of 11 took place within 200 -Foot Riverfront Area to Danvers River, Coastal Bank, Salt Marsh, Land Containing Shellfish, Land Subject to Coastal Storm Flowage and 100 -Foot Buffer Zone. Maxner reports on observations from her final site inspection and deviations from approved plan outlined in the project engineer's certification letter. The space between decking is more than 3/4" wide. The wetland consultant confirmed compliance with condition to allow sunlight to penetrate the vegetation below, the bottom of the pier and walkway shall conform to Chapter 91 standards (i.e. at least 5 feet above Mean High Tide) or shall be at least as great as the width (i.e. 1:1 ratio). The property owner described how the pavers are pervious on the driveway and sand was used between pavers. Maxner notes that the plantings are the number and species as called out in the plan. She suggests for the first year or two the owner should keep the area clear of weeds to foster growth of plantings. Paluzzi moves to issue the Certificate of Compliance with the condition to keep the weeds down for the first two years. Seconded by Buchsbaum. The motion carries 4 -0. REQUEST FOR DETERMINATIONS OF APPLICABILITY New: 14 Cliff Street — Judith Gnoza Maxner reads legal notice. Tim Brennan, contractor representing the applicant describes proposal to construct a 10'x26' open deck to be supported by 5 sono tube footings to be located 10 feet off the rear of house, within existing lawn and over existing concrete patio. Deck will be located within the first 100 feet of the 200' Riverfront Area and within 25 feet of the coastal bank (low impact incursion). Excavated soil will be removed from site. The Commission reviews the proposed plan, with Bertoni asking the plans for the existing concrete patio under the new deck. Brennan notes the patio will not be touched. Paluzzi moves to issue a Negative #2 and #3 Determination with the following conditions as discussed: All excavated soil from sono tube footing holes shall be removed from site, and that the Commission finds there is no alternative for relocating the proposed deck outside the local 25' No Disturb Zone and that it will not result in negative impacts to the NDZ or wetland resource areas on site. Seconded by Buchsbaum. The motion carries 4 -0. Recess for Public Hearings Paluzzi moves to recess for public hearings. Seconded by Grandoni. The motion carries 4 -0. ABBREVIATED NOTICE OF RESOURCE AREA DELINEATION Cont. 480 Rantoul Street — review and affirm extent and character of wetlands on site — Windover Development c/o Chris Koeplin Conservation Commission November 10, 2015 Meeting Minutes Page 3 of 11 Charlie Wear, Meridian Associates, representing the applicant speaks to movement of wetland flagging per the site inspection by the Commission and presents the revised plan. Maxner reads a comment letter from Barbara Stevens, 103 Elliott Street, Unit 13, dated October 6, 2015 into the record and notes photographs of flooding that occurs in the area. Wear concurs with drainage not being adequate in the area and the intent is to design a project so there would be no increase in flooding in the area. The use for the property has not been determined but mixed use is allowed in the area. Discussion ensues about how if a commercial use is done at the site, there would be semi - public use of possible green space due to liability. In addition, there could possibly be an infiltration system under the parking lot for stormwater management. Bertoni asks if there are any questions from the audience. Rick Marciano, McKay Street, speaks to number of condominium units that could be built at the site by right. Paluzzi moves to close the hearing and issue the ANRAD as modified. Seconded by Bertoni. The motion carries 4 -0. NOTICES OF INTENT Cont: 16 Bayview Avenue — Tom Doherty Maxner states the Commission received a request for continuance. Buchsbaum moves to continue to the December 8, 2015 meeting. Seconded by Grandoni. The motion carries 4 -0. Squibb arrives. Cont: 400 Hale Street —Access Roadway at Northeast Section of Campus - Endicott College c/o Dennis Monaco Joe Orzel representing the applicant speaks to draft Order of Conditions and notes that the College has no intent to block any of the trails on Witch Lane. In addition, he notes that minimal blasting would be used relative to a small amount of ledge associated with construction of an 830 -foot porous access roadway into the northeast area of the campus. Buchsbaum notes his opinion that the mitigation offered is not commensurate with the waivers requested and believes additional mitigation could possibly be done. Bertoni concurs with Buchsbaum and notes that there should be ongoing invasive species management (i.e., Japanese knotweed) and reporting to the Commission. Discussion ensues as to the Commission's inability to assess the impact without knowing what type of project would be proposed for the area beyond the roadway. Dennis Monaco representing the College notes the Special Conditions that the roadway would be designed for potential best use of land (i.e., dormitory, academic building, or physical facility) with least impact on wetlands. The College is interested in understanding what type of roadway would be allowed before investing in design plans for a future use. Discussion ensues regarding additional Special Conditions with the Commission agreeing to strike the condition requiring a trail easement. Conservation Commission November 10, 2015 Meeting Minutes Page 4 of 11 Rick Marciano, 151 McKay Street, speaks to trails and how Witch Lane trails should be protected noting that there is Greenbelt property in the area as well. He expresses his concern about future development at the site relative to this access road and protection of public interest and resources. Jonathon Loring, 502 Hale Street, abutter to the property, asks about further approvals the applicant will need for development at the site (i.e., change to road design, installation of sidewalks). There being no further questions or comments from Commission or public, Grandoni moves to close the hearing. Seconded by Buchsbaum. The motion carries 5 -0. New: 266 Dodge Street — Lon Hamor Maxner reads legal notice. Bob Griffin representing the applicant describes the proposal to build stone masonry or concrete block retaining wall (8' at its highest, 90' long) downhill on the property to stabilize the slope immediately adjacent to a large historic barn. Six feet of clearance around the barn is proposed for lawn equipment mobility. Tree clearing is also proposed to expand lawn, stumps will be removed. Work to take place within 100 -foot buffer zone to BVW, a portion of the work is within the 25' NDZ (150 square feet). Griffin goes on to explain the wall will have weep holes and gravel behind for drainage. The wetland was flagged in July 2015. Waiver alternatives were done to protect BVW by providing a stable area uphill. Structural integrity of barn foundation will be addressed. Seventy cubic yards of gravel and crushed stone will be brought in, with access to work site from the driveway. The construction will likely occur next year. Griffin fields the Commission's questions. Buchsbaum notes that the Commission rarely allows further disturbance to buffer zone including clearing for addition of lawn. Griffin notes that there is 50' of wooded area from proposed lawn to wetlands and intent is for homeowner to better use the property. Commission members agree to schedule a site inspection. Griffin agrees to stake the limit of clearing at the site. Paluzzi moves to continue the hearing to December 8 pending a site inspection scheduled for Saturday November 21S at 8:00 a. m. Seconded by Grandoni. The motion carries 5 -0. New: 90 Boyles Street & 92 Boyles Street— Carl & Susan Dumas Maxner reads legal notices. Carl and Susan Dumas and their Attorney Thomas Alexander and wetland scientist Brian Butler of Oxbow Associates are present. Alexander explains the project involves the construction of 2 new single family houses and associated common driveway that required a wetland crossing. He notes work takes place within the 25' NDZ and BVW itself for the driveway crossing, the 100 -foot buffer zone to BVW and 100 -foot no disturb zone to certified vernal pool. A portion of land, 3.25 acres was deeded to City and abuts Sally Milligan Park and this acreage was monumented. Butler describes final approved plan from 2008 with no changes made for this filing. The NOI addresses what work remains to be completed on the two house lots. He addresses the 380 square foot crossing over wetland with stone culvert and headwall. A tie -in will be done for sewer line Conservation Commission November 10, 2015 Meeting Minutes Page 5 of 11 as well as gas line. Discussion ensues about how Phragmites will be eradicated in the spring before it flowers, and work is proposed to address purple loosestrife in certified vernal pool. The 90 Boyles Street property is nearing completion with sewer line to be installed. On the other lot which is within the No Disturb Zone all work has been done in preparation for house construction with the exception of rough grading. He suggests the Commission could re -issue the existing orders and add remaining work to be done since the existing Orders expired on September 16. Butler fields the Commission's questions. Bertoni notes that the plan should reflect wetland line from BVW and associated 100' no disturb zone. Butler states that the wetland flags were revisited and reinstalled, if necessary, for accuracy. He notes DEP numbers have been issued for both house projects. Both Orders for the properties will have to be closed out relating to deed and when properties are sold. The as -built plan would include new survey information. Bertoni asks if there are any questions from the audience. There are none. Members agree to schedule a site visit. Paluzzi moves to continue the hearing until December 8 pending a site inspection scheduled for Saturday November 21St at 9:00 a.m. Seconded by Buchsbaum. The motion carries 5 -0. New: 44 & 52 Standley Street Lots #1, 2, 3, 4 & Stormwater Facility Install & Buffer Zone Restoration — RC Realty Construction & Development, LLC c/o Thomas Carnevale Maxner reads the legal notices for each Lot as well as the proposed stormwater facility install and buffer zone restoration part of the project as they all came under separate NOI's. Mike Rosati with Marchionda Engineering representing the applicant explains the project slated for the six acre, 8 -lot OSRD subdivision project located within the buffer zone at 44 & 52 Standley Street. Discussion ensues about proposal to clean out debris from historic greenhouse activities, adding loam to top dress the disturbed area and planting with native seed mix, lawn will be behind the homes to be built, the open space will be monumented with concrete bounds imbedded in the ground and visible above ground by 18 ". The wording on the signage will be determined in conjunction with the Planning Board and the Commission. He notes that in addition, eight 2" to 3" caliper, shade trees are proposed for the back of each lot. Peer review letters were submitted by City Engineer Greg St. Louis and his comments are incorporated into the October 16t' plan. Water service stub (2 ") is being provided to the end of the cul -de -sac for future community gardens use on City land and a meter pit will be included to control water during the winter. The homeowner's association will own the open space with drainage and slope as well as concrete markers marking property line, and open space owned by the City will be the wooded ledge outcrop area to the south of the development. Rosati fields the Commission's questions. Bertoni asks if there are any questions from the audience. There are none. Discussion addresses how individual Orders will be done per each lot, and for stormwater and buffer zone restoration. Rosati notes that a letter is coming from National Heritage about how the project is not impacting endangered species (habitat area for plant). Discussion ensues about how Conservation Commission November 10, 2015 Meeting Minutes Page 6 of 11 the Commission has interest in the contractor cleaning up the debris on the Commission's land and that this would be included in the Order regarding stormwater and buffer zone restoration. There being no further questions or comments from the Commission, Paluzzi moves to close the hearings. Seconded by Buchsbaum. The motion carries 5 -0. Paluzzi moves to reconvene the regular meeting. Seconded by Squibb. The motion carries 5 -0. Old/New Business Cont: Waring School Field Encroachment — Resolution & Proposed Action Plan — Waring School c/o Atty. Tom Harrington Maxner notes that a continuance is necessary as the City Solicitor will provide an update by the December 8, 2015 meeting. Paluzzi moves to continue. Seconded by Grandoni. The motion carries 5 -0. New: 52 Dunham Road, DEP File 35 -1123 — boulder retaining wall at east side of new building per Special Condition #12 — Cummings Properties, Anderson Clarke, LLP Maxner notes that she misunderstood the applicant's email, and time on the agenda was not requested after all. New: 44 -46 River Street, DEP File #5 -1082 — Riverfront Restoration Vegetation Monitoring Report — National Grid/VHB Gene Crouch, Environmental Scientist with VHB, representing the applicant explains the National Grid site was reconfigured to clean up old coal tar contamination and approved under an Order issued by the Commission. The riverfront area was to be restored and monitored, with five areas along the edge of the river, and the largest restoration on the eastern side. He has monitored the restoration vegetation for two years, spring and fall, with replanting done in the spring. He notes that by the fall many of the plants had died after a harsh winter. The herbaceous plants are doing very well in the dry conditions (i.e., daisies and golden rod). There have been some volunteer species taking root as well. He had suggested that the natural succession of plant species be allowed to develop rather than trying to replant woody vegetation that did not survive in the areas. The Commission had asked that he attend this meeting to talk about the approach moving forward. Discussion ensues on how debris and fallen logs were in the area, and wood chucks are living near cap. Discussion addresses how the utility wants a natural area that is not landscaped so it would not have to be maintained. Members agree that an additional year of monitoring should be undertaken and results reported to the Commission. Crouch agrees and believes that Grid will not have a problem extending the monitoring period for another year. New: 1 Marsh Avenue — unpermitted construction within Riverfront Area — Steven Fiore Conservation Commission November 10, 2015 Meeting Minutes Page 7 of 11 Maxner explains the situation requiring her to issue an enforcement letter noting that the property is within the 200 -foot riverfront area. This project involves a new garage that did not get Commission review before the building permit was issued. Maxner notes that the Commission will need to provide guidance as to what type of application needs to be filed. Steve Fiore, the home owner, describes how work was done to construct a new garage to replace what existed which was not functional. He notes that he has gone before the ZBA and a building permit was issued for a new garage that is two feet wider, a porch was added to the house, and open breezeway. Discussion addresses additional impervious surface, and how during the construction clay was removed and taken offsite with loam put in its place. In addition, a gutter may go over the porch above steps to direct water away from walkway. An as -built plan was submitted to the Building Department. Commission members recommend that an RDA is sufficient for this project. Maxner offers to assist Fiore in assembling the application materials. New: 23 Marsh Avenue — unpermitted work within Riverfront Area —Ana Burke & Joseph Silva Maxner explains the situation requiring her to issue an enforcement letter noting that the property is within the 200 -foot riverfront area. She explains the unpermitted work involving the construction of a rock garden/waterfall and dry laid stone patio project and the limit is 150+ from MHW and coastal bank, outside the 1st 100 feet of the resource area and located at the rear of the house. The homeowner, Mr. Silva plans to plant arborvitae along the edge of the driveway. Maxner notes that no trees have been removed and the area for the waterfall and patio is within existing lawn. Commission members recommend that a Minor Project Permit is appropriate for this project considering its distance from the river and its location behind the house. Tree removal request for 17 Riverview Street Maxner reports on the site visit and tree removal request submitted for 17 Riverview. Ms. Elizabeth Jones is present to answer the Commission's questions. Maxner notes that the trees slated for removal were marked in the field and she provides photos of the subject trees for the Commission's review. She notes this property is located within the first 100 feet of the riverfront. Mayer Tree has submitted an evaluation letter with diagnosis of trees scheduled for removal (pine and red maple that will be flush cut with no stumps ground). A crane will be used and access is from the front of the house. Members review the information. Buchsbuam notes that perhaps in the future limiting the number of trees allowable under a letter permit should be required. Squibb moves to issue tree removal permit with the following conditions: ➢ No other trees, aside from what is called out in the arborist's report, shall be removed; ➢ The trees shall be cut flush to the ground surface and the root systems be left in the ground in tact; ➢ The cut tree trunks and limbs shall be removed from the site and disposed of at a proper facility; ➢ If any area within the 100 -Foot Buffer Zone is disturbed by tree removal work the area must be stabilized and restored to its original condition. Conservation Commission November 10, 2015 Meeting Minutes Page 8 of 11 Seconded by Buchsbaum. The motion carries 5 -0. New: J.C. Phillips Nature Preserve — Parking Improvements /Signage Maxner explains that parking along the shared access driveway is creating an unsafe situation and that the two current no- parking signs are faded and obscured by vegetation. Maxner notes she is trying to coordinate with the Beverly Police Department to monitor area and issue warning tickets for vehicles parked in the private drive no parking area. She suggests the Commission buy new no- parking signs and the public works department can install them on poles. She notes that perhaps the Commission's idea about constructing a gravel parking lot can be a project funded by the DCR's Recreational Trails Grant and she would be happy to look into the feasibility of this approach and prepare the grant application. Paluzzi moves to allow expenditure of up to $1,200 for six no- parking signs to be installed at JC Phillips Nature Preserve shared access drive. Seconded by Grandoni. The motion carries 5 -0. Expenditure Approvals Paluzzi moves that $600.00 be paid to attorney Jeffrey L. Roelofs, for his continued special counsel related to the 50 Dunham Road ANRAD litigation and settlement discussions. Seconded by Buchsbaum. The motion carries 5 -0. Rices Beach — William Meade, 8 Lanthorn Lane — Unpermitted Dune Alteration Maxner reports that she received notification from a Ward Councilor that unauthorized vegetation and sand removal occurred at Rices Beach. She conducted a site inspection and provides photos of her observations. She notes that the section of the dune that was heavily vegetated with woody vegetation is cleared and it appears that perhaps some sand removal occurred. The Commission discusses this unpermitted activity and options for enforcement. Paluzzi moves to issue Enforcement Order with the following directives as discussed: • The violator, his agents and contractors shall immediately cease and desist from any further activity on the site; • The violator shall submit, within 7 days of the date of this letter, a signed letter acknowledging receipt of this Enforcement Order and your intent to comply; • The violator shall secure the services of a qualified wetland /environmental consultant who is versed in coastal dune restoration to assist in preparing a plan that fully restores the dune and vegetation to preexisting conditions; • The restoration plan shall consist of both a narrative and map of proposed restoration activities, and shall at a minimum include: • A plan view of existing conditions showing the wetland resources on site, area of impacted portion of the dune and topography; • Sand grain size analysis; • Calculation of the volume of sand taken that shall be replaced; Conservation Commission November 10, 2015 Meeting Minutes Page 9 of 11 • A cross section of the profile of the dune to be restored to match preexisting dune profile; • A native plant list detailing the species, quantity, size and planting location within the restored dune. The restoration plan shall be submitted by 12:00 Noon on Tuesday December 8, 2015 and shall be presented by the violator's consultant to the Conservation Commission at its meeting that same evening; The violator shall provide the name and contact information of your contractor that performed the unauthorized work; A fine of $100 per day shall be assessed for every day after December 8, 2015 that said restoration plan is not submitted. Seconded by Squibb. The motion carries 5 -0. Approval of Minutes — August 11, 2015 and September 22, 2015 Members provide Maxner with amendments. Buchsbaum moves to accept the August 11, 2015 and September 22, 2015 minutes as amended. Seconded by Paluzzi. The motion carries 5 -0. Orders of Conditions 44 & 52 Standley_ Street (Lots #1, 2, 3, 4 and Stormwater structures & buffer zone restoration) Buchsbaum moves to issue Standard Conditions for Lots 1, 2, 3, 4. Seconded by Paluzzi. The motion carries 5 -0. Discussion ensues for stormwater and buffer zone restoration part of the project, with Paluzzi moving to issue Standard Conditions and the following Special Conditions as discussed: 1. Prior to construction commencing, written correspondence from the NHESP confirming its findings as to the status of the Priority Habitat mapped in the vicinity of the project shall be submitted to the Conservation Commission. 2. The applicant shall remove and properly dispose of all debris, trash and foreign materials strewn and dumped on the adjacent City -owned Conservation Commission open space parcel (Map 58 Lot IA). This clean -up effort shall be undertaken with the same care and attention as will with the buffer zone restoration on the project site. 3. The buffer zone restoration area shall be prepared with at least 4 to 6 inches of clean, trash -free loam to ensure proper growing media for seed mix. The planting holes for the proposed native red maple trees along rear property lines of Lots 1 — 4, shall be amended with a soil mixture appropriate for tree propagation. 4. Prior to application in the field, the specifications for the proposed New England Wildlife Seed Mix to be spread within the buffer zone restoration area shall be forwarded to the Conservation Commission for its file. 5. The proposed red maples along the rear property lines of Lots 1 — 4 shall be native conservation grade specimens and shall not be less than 2 inches in caliper in size. Conservation Commission November 10, 2015 Meeting Minutes Page 10 of 11 6. Lots 1 -4 shall receive not less than two (2) native red maple trees as shown on the approved plans. 7. The New England Wildlife Seed Mix shall be broadcast within the buffer zone restoration area during appropriate growing conditions (i.e. early spring or late summer /early fall). The newly broadcast seed and planted trees shall be watered to ensure seed germination and survival. 8. The buffer zone restoration and adjacent Conservation Commission parcel clean -up efforts shall be completed prior to Conservation Commission sign off of the fifth (5t'') Building Permit Application submitted (i.e. at the time 50% of the lots have been permitted for house construction, the restoration and clean -up efforts must be completed). The Conservation Agent shall verify such prior to Conservation Commission sign off of the first house Building Permit submitted. 9. The limits of the Open Space shall be marked with weather resistant monuments as shown on the approved plans. 10. The long -term Stormwater Management Operations & Maintenance Plan (O &M Plan) shall be carried out on an on -going basis. All maintenance and inspection reports per the O & M Plan shall be submitted to the Conservation Agent on an annual basis no later than December 31st of each year for maintenance activities carried out that year. This condition shall survive in perpetuity beyond the issuance of a Certificate of Compliance. Seconded by Squibb. The motion carries 5 -0. 400 Hale Street —Access Roadway at Northeast Section of Campus - Endicott College c/o Dennis Monaco Maxner reminds the Commission that it is making separate decisions under the State Act and local Ordinance. She suggests that the Commission start with discussion under the Act as it appears to be allowable under the State regulations. The Commission reviews the materials and discussion ensues as to activities within the buffer zone under the State regulations. Buchsbaum moves to approve the project under the State Act, subject to the Special Conditions as drafted by Maxner and as amended this evening. Seconded by Squibb. The motion carries 5 -0. Extensive discussion ensues as to the waiver criteria under the local Ordinance for activities proposed within the No Disturb Zones. Buchsbaum moves to approve the project under the local Beverly Ordinance subject to the Special Conditions as drafted by Maxner and as amended this evening. Seconded by Squibb. The motion fails 0 -5, with no members in favor, and Buchsbaum, Squibb, Bertoni, Grandoni and Paluzzi opposed. The project is denied under the local Ordinance. Maxner recommends that, considering the late hour, the Commission schedule a separate time to discuss the project further under the local Beverly Ordinance decision and craft its findings on a separate date, perhaps November 21s' after the site inspections. Members agree and schedule for Saturday at City Hall at 10:30 a.m. Adjournment Conservation Commission November 10, 2015 Meeting Minutes Page 11 of 11 Buchsbaum moves to adjourn at 12:15 a.m. Seconded by Grandoni. The motion carries 5 -0. The next regular meeting of the Conservation Commission is Tuesday, December 8, 2015 at Beverly City Hall, 3 d Floor Council Chambers, 191 Cabot Street.