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06-09-15 BCC MinCITY OF BEVERLY PUBLIC MEETING MINUTES BOARD: SUBCOMMITTEE: DATE: BOARD MEMBERS PRESENT BOARD MEMBERS ABSENT: STAFF MEMBERS PRESENT: OTHERS PRESENT: RECORDER: Conservation Commission June 9, 2015 Chair Christine Bertoni, Vice Chair Robert Buchsbaum, Jay Donnelly, Richard Grandoni, Tony Paluzzi, Bill Squibb 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. New: Executive Session Berotni entertains a motion to enter into executive session pursuant to MGL ch. 30A, section 21, purpose no. 3: To discuss strategy with respect to litigation (Cummings Properties, LLC v. Conservation Commission of the City of Beverly, Appeals Court Docket No. 2014 -P -0045) and the Appeals Court's recent Remand Order. Paulzzi so moves. Seconded by Buchsbaum. Bertoni takes a roll call vote: Buchsbaum yes, Paluzzi yes, Grandoni yes, Donnelly yes, Squibb yes and Bertoni yes. Bertoni explains that the Commission will meet in executive session and return to the regular meeting when finished. The Commission adjourned executive session and returned to regular meeting at 7:45 p.m. Certificates of Compliance Cont: 10 Birchwoods Drive, DEP File #5 -979 - installation of in- ground pool - Jessica Crocker & Paul Ham — Maxner notes the Order, issued in April of 2008, governed the installation of an in- ground pool, associated patio, retaining wall, fencing and walkways within 100 -foot buffer zone to bordering vegetated wetland. The pool patio configuration was modified and approved by the Commission under a Minor Modification. She reviews the conditions of the Order and notes that based on her on -site observations, it appears that the pool, patio and retaining wall were constructed within the proposed footprint and no closer to the wetland than what was approved on the plan (i.e. 40+ feet at the closest point). She notes the applicant is asking for a waiver from the as -built plan considering that the Commission accepted a sketch plan developed by the pool company overlaid on the house construction plan. The applicant, Paul Hayes and Jessica Crocker are present and note that they worked closely with the pool contractor to adhere to the plan. Conservation Commission June 9, 2015 Meeting Minutes Page 2 of 8 Buchsbaum moves to issue a Certificate of Compliance and grant a waiver from the as -built plan requirement. Seconded by Paulzzi. The motion carries unanimously 6 -0. Cont: 32 Tozer Road, DEP File #5 -1071 - Cell Signaling Technology Maxner notes the Order, issued in January of 2012, governed renovation of the existing building, performing various stormwater management system improvements and upgrades, and constructing an addition to house a chiller plant facility, and installing wetland and buffer zone restoration plantings. She reviews the conditions of the Order and reports her on -site observations. She notes the extent of the rip -rap apron along the non jurisdictional drainage channel upstream of the wetland was increased as explained in the engineer's certification letter. The discharge point at the southwest corner of the site was cleared of invasive bittersweet and deadfall within the channel, which exposed existing side slope rip rap not observable before. Wetland planting was performed but there was high mortality perhaps due to this harsh winter and all of the red maple trees died. The landscape contractor replanted in May and the new planting list is included on the as -built plan. Maxner notes that signage and decorative stonewall were installed at the main entrance, which was not anticipated during the permitting phase. Peter Muto with Cell Signaling, Bill Maher with Nitsche Engineering and landscape contractor field the Commission's questions. Donnelly moves to issue a Certificate of Compliance with standard on -going conditions and the following special condition as discussed: 1. The restoration plantings shall exhibit at least 75% survivorship after two (2) full growing seasons post installation. Survivorship shall be verified by a professional wetland scientist or equally qualified professional and a report detailing such shall be submitted to the Commission no later than November 30, 2016. 2. The property owner shall be responsible for executing and adhering to the Long Term Pollution Prevention Plan and Stormwater Operation and Maintenance Plan. All maintenance and inspection reports per the O & M Plan (O & M) shall be submitted to the Conservation Agent on an annual basis no later than December 31st of each year. Buchsbaum seconds the motion. The motion carries unanimously 6 -0. REQUEST FOR DETERMINATION OF APPLICABILITY New: 28 Hill Street — CB &I Environmental c/o Ravmond Cadorette Conservation Commission June 9, 2015 Meeting Minutes Page 3 of 8 Maxner reads legal notice. Andrea Steele and Ray Cadorette of CB &I Environmental representing applicant describe the project which entails the demolition of an existing house and garage and garage slab, leaving the house foundation. The applicant intends to backfill, grade and seed the area. Cadorette notes work to take place within 100 -foot buffer zone to bank of intermittent stream and 46 feet from the bank at its closest point. Utilities will be disconnected which will be observed by Engineering Department. Silt fence or straw waddles staked will be used for erosion control. Joan Murphy, River Road, inquires about runoff at site. Cadorette responds that once the house is removed, the area will be seeded which will facilitate infiltration. Work is expected to take place in late summer. Bertoni suggest that hay or straw be put down over seed to insulate and be sure it is not washed away. There being no further questions, Paluzzi moves to issue a Negative #3 Determination with two conditions as discussed: 1. Erosion controls shall be installed per the approved plan and inpsected by an agent of the Commission prior to commencing work. 2. All areas of backfill shall be seeded with native seed mix and protected with hay or straw to avoid erosion. 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 Cont: 11 -15 Sunnycrest Avenue — verify and confirm character and extent of wetland resources on site — PD Building, LLC Gary Patch Bob Griffin and Bill Manuell representing the applicant. Griffin notes the applicant is requesting that the Commission review and confirm the extent and character of the wetland resources on six -acre parcel as development planning occurs for an OSRD subdivision. Manuell goes through minor modifications to the plan as suggested by the Commission during its site inspection to identify portion of wetland resources along Hayes Avenue as bank versus BVW, flags B6 through B8 have bank as well as BVW wetland resource area. The excavated ditch is not shown on any USGS maps. The Commission had asked for additional soil samples and BVW data sheets at the following wetland flag locations: A3 through A5; A7; C 12 through C 14, and C21. Manuell reviewed the flags with some of the Commission members and based on the vegetation observed at the flags and soil conditions, he would not move any of the original delineation. Maxner reviews the draft findings that set out the procedural history of the Commission receiving the application, dates of site visits, additional information requested, and character and delineation of wetland resource areas on the site. The applicant asked the Commission to confirm that there is no riverfront, FEMA flood zones or vernal pools on the property. Members review the draft. Conservation Commission June 9, 2015 Meeting Minutes Page 4 of 8 Resident of 3 Netherton Avenue, speaks to wildlife habitat at site and thickly settled, narrow streets in area and neighborhood opposition to adding six to seven homes. She notes that there is a lot of ledge and likelihood that blasting would be needed for development. In response to an attendee, Griffin responds that number of house lots at site has not been determined. Brian Sweeney, 31 Hayes Avenue, mentions wetlands behind his house that is full of wildlife habitat and concern about impact of development on the habitat. There being no further questions, Paluzzi moves to close the hearing. Seconded by Donnelly. The motion carries 6 -0. NOTICES OF INTENT Cont: 5 Quincy Park — Jack Altshuler Maxner notes the Commission received a request for continuance. Paluzzi moves to continue until the June 30, 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 Maxner notes the Commission received a request for continuance. Paluzzi moves to continue until the June 30, 2015 meeting. Seconded by Buchsbaum. The motion carries 6 -0. Cont: 131 Brimbal Avenue — redevelop /reconfigure site, construct new building, fuel pumps, island and canopy — Sunoco, Inc. c/o Anthony Williams Maxner notes the Commission received a request for continuance. Paluzzi moves to continue until the June 30, 2015 meeting. Seconded by Buchsbaum. The motion carries 6 -0. Cont: Vicinity of 35 Whirling Drive — extension of Nelson Avenue roadway — Matthew Power Maxner notes the Commission received a request for continuance. Paluzzi moves to continue until the June 30, 2015 meeting. Seconded by Buchsbaum. The motion carries 6 -0. Cont: Nelson Avenue, Parcel A — Matthew Power & Cont: Nelson Avenue, Parcel B — Matthew Power Maxner notes the Commission received a request for continuance for both hearings. Paluzzi moves to continue until the June 30, 2015 meeting. Seconded by Buchsbaum. The motion carries 6 -0. New: 98 Valley Street — Mike Habich Conservation Commission June 9, 2015 Meeting Minutes Page 5 of 8 Maxner reads legal notice. Greg Hochmuth of Williams & Sparages, representing the applicant, describes the plan to construct two additions, repair a retaining wall and install site drainage improvements within 100 -foot buffer zone to bordering vegetated wetland. He notes that a sliver of the larger addition and stone rip -rap drainage discharge points will be within the 25' NDZ so a waiver is requested with opportunity for mitigation, and property owners have used hand tools to keep resource area free of invasive species. An existing retaining wall is immediately adjacent to the wetland. The applicant wants to expand deck by two feet to be cantilevered. Also, minor grading is proposed to help shed half of roof runoff and surface water away from foundation and wet basement. Infiltration trenches are proposed with remaining water directed via pipe that goes around the house to edge of resource area. All proposed work would be done in mowed lawn area with no shrubs or trees slated for removal. Hochmuth goes on to explains there is currently a pipe drain outlet from the retaining wall at wetland flag A2 and A3 for the sump pump out of the basement. Discussion ensues about proposed clean out valves at pipe vents, and asphalt driveway to the house relative to proposed way in area. No blasting is expected as part of project but dewatering detail will be presented. The contractor being considered by the applicant is Jeffreys Creek that is familiar with working in resource /small areas. The Commission received a letter from the Open Space and Recreation Committee dated June 8, 2015 regarding the proximity of Pole Swamp Lane right of way to the property and the need to keep the Lane free of obstructions. Hochmuth notes that there is no proposed work in the Lane so there is no impact to access. The Commission asks for more information on the drainage volumes and now rates. Members schedule a site visit on June 30, 2015 at 5:30 p.m., the addition will be staked out at the site. Bertoni asks if there are any questions from the audience. There are none. Paluzzi moves to continue the hearing until June 30, 2015. Seconded by Buchsbaum. The motion carries 6 -0. OLD /NEW BUSINESS Cont: 242 Dodge Street — Enforcement Order Follow Un — Scott Barbeau Maxner explains that at the May 19' meeting the Commission voted to extend the deadline for test pits and deliverables (i.e., plans). Maxner received an email from the homeowner's engineer stating that he is withdrawing his services from the project. Compliance has not been forthcoming from the homeowner and as of January 2015, the Commission had fines accumulated for Mr. Barbeau of $8,900. Discussion ensued about how the EO could be recorded at the Registry of Deeds against the title to this property as compliance with the EO has not been forth coming in any meaningful way, Conservation Commission June 9, 2015 Meeting Minutes Page 6 of 8 provided City solicitor approves the lot that does not have wetlands, and if not, the recording will be done against 242 Dodge Street. Squibb votes to record the Enforcement Order against both properties barring contrary advice from City Solicitor that the non jurisdictional lot not be included. Seconded by Paluzzi. The motion carries 4 -2 with Bertoni and Buchsbaum opposed. Discussion ensues on deadline on the fines ($100 a day for filling in flood plain) and how they can be enforced by encumbering the property or liens prohibiting the property owner from any other transaction (i.e., building permit, selling or refinancing property). Maxner can send property owner information on the recording with the Registry of Deeds. Buchsbaum moves to reinstitute fines of $100 a day as of midnight on June 9, 2015. Seconded by Donnelly. The motion carries 6 -0. DEP will be notified of the EO. New: Designation of Conservation Commission Representative to Community Preservation Committee Paluzzi moves to reinstate Robert Buchsbaum as Conservation Commission representative to the Community Preservation Committee. Seconded by Squibb. The motion carries 6 -0. New: Review of Minor Project Permits Issued by Agent since last meeting Maxner reports that Endicott College wants to do test pits in the northeast section of the College campus related to ANRAD previously done with the Commission. A mini rubber tracked excavator will be used for one day to do test pits in area where the College wants to locate an access drive. These pits will be in the outer limits of the buffer zone. Bertoni notes that as long as the pits are immediately back filled, seeded and protected with hay or erosion controls, she is okay with a Minor Permit. Members agree. New: Expenditure Approvals Paluzzi moves to approve: $425.00 payable 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. • $25.00 payable to Chris Bertoni for registration and attendance at wetland data sheet seminar sponsored by the Massachusetts Association of Wetland Scientists. Mileage reimbursement for 305 miles for Amy Maxner accumulated on various site visits and other Con Com business for the 5 -month period of January through May 2015. 305 x .40 /cents /per mile = $122.00 Conservation Commission June 9, 2015 Meeting Minutes Page 7 of 8 Seconded by Squibb. The motion carries 6 -0. Other Business Latest Enforcement Letter for 122 Standley Street Maxner updates the Commission as to 122 Standley Street Enforcement Order, noting that the approved replanting plan where some plants have been installed including four, 3 -liter river birch at 30' from wetland, nine 2' bayberry shrubs, and 20 other shrubs that are witch hazel or meadowsweet. All the shrubs have been planted. She notes that 25, 1- gallon containers of cinnamon fern do not appear to be installed. Paluzzi moves that the Commission notify the property owner to install the cinnamon fern or a native alternative before the June 30' meeting after which time the Commission will institute fines of $100 a day. Seconded by Buchsbaum. The motion carries 6 -0. Definitive OSRD site elan for 30 Foster Street Maxner notes that the Commission's first letter noted support of two lot OSRD subdivision, conveyance of open space parcel to the City, consolidation of forested land next to Camp Paradise, and No Disturb parcel (135' from wetland) that would be protected by permanent deed restriction. Paluzzi moves that the Commission mirror its first letter and additionally ask that drainage be reviewed by the City Engineer to mitigate any increase in rate or volume of runoff to Foster Street abutters. Seconded by Squibb. The motion carries 6 -0. Special Permit application for 70 -72 Cabot Street submitted to the Planning Board The Conservation Commission has no comment as the property is outside jurisdiction. Bass River Watershed Commission member Jay Donnelly notes he met with Mr. Myron Hood to talk about drainage within the Bass River /Shoe Pond watershed and bottlenecks in drainage that is causing flooding upstream. Discussion ensues about how the City Engineer could review situation (i.e., possible relief valves), related expenses, and correlation with new middle school drainage. The Commission asks that Maxner inquire with the City Engineer as to the possibility of a meeting on this. Approval of Minutes — October 21, 2014 meetings Conservation Commission June 9, 2015 Meeting Minutes Page 8 of 8 Paluzzi moves to approve the October 21, 2014 minutes as amended. Seconded by Squibb. The motion carries 3 -0 -3 with Buchsbaum, Donnelly, and Grandoni abstaining because they did not attend. Draft of Open Space and Recreation Plan for review at next Commission meeting The Commission members will review for the next meeting. Adjournment Buchsbaum moves to adjourn at 10:35 p.m. Seconded by Grandoni. The motion carries 6 -0. The next regular meeting of the Conservation Commission is Tuesday, June 30, 2015 at Beverly City Hall, 3 d Floor Council Chambers, 191 Cabot Street.