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03-23-16 BCC MinCITY OF BEVERLY PUBLIC MEETING MINUTES BOARD: SUBCOMMITTEE: DATE: BOARD MEMBERS PRESENT BOARD MEMBERS ABSENT STAFF MEMBERS PRESENT OTHERS PRESENT: RECORDER: Conservation Commission March 23, 2016 Vice Chair Robert Buchsbaum, John Donnelly, Richard Grandoni, Tony Paluzzi, Bill Squibb Chair Christine Bertoni Amy Maxner, Environmental Planner Jane Dooley Buchsbaum calls the meeting to order at 7:00 p.m. at Beverly City Hall, 3 d Floor Council Chambers, 191 Cabot Street, Beverly, MA. REOUEST FOR DETERMINATIONS OF APPLICABILITY New: 431 Hale Street — install new chain link fence — Landmark School c/o David Seiter Maxner reads the legal notice. David Seiter, Director of Facilities at Landmark School, describes the School's interest in replacing an existing fence around old saltwater pool on property purchased by the School in 2005. The School has no plans for using the pool at this present time. The proposal is for a vinyl coated chain link, 6 foot tall fence that would be located on the existing fence footprint. Work will be done manually and excavated material will be taken out of the buffer zone. Seiter notes that perimeter area around pool will be cleaned up. Donnelly notes that he visited the site and does not see any impact to the resource area by this project provided that no vegetation is removed. Donnelly moves to issue a Negative #3 Determination with the following: 1. All work shall be accomplished manually and excavated soils shall be removed from the 100' buffer zone. 2. Existing debris and fallen material shall be removed from the area around the pool and the buffer zone and disposed of properly. 3. Cutting of vegetation is prohibited. 4. The new fence shall be located within the same footprint of the existing fence to be removed Seconded by Squibb. The motion carries 5 -0. New: 25 Salem Road — demolish booster pump station — City of Salem Engineering Department c/o David Knowlton Conservation Commission March 23, 2016 Meeting Minutes Page 2 of 5 Maxner reads the legal notice. David Knowlton, City Engineer in Salem, speaks to proposal to demolish booster pump station at 25 Salem Road since the station has not been used for many years, is an eyesore, and is becoming dangerous since the building is caving in. After the station is demolished the site will be seeded with grass. The currently used pump station is located adjacent to the old building. He notes that there is asbestos in the old building to be demolished. Tony Zirrilli, Weston and Sampson, Engineers, Inc., notes that Wenham Lake is the resource area there is no associated BVW just inland bank. The building to be demolished is not in any resource area just buffer zone. The limit of work extends into the 100' buffer zone (the corner of the building is about 110' away from buffer zone). Erosion control will include straw waddles along the limit of work with catch basin protection along all the internal catch basins. Work entails removal of the building and all materials with restoration of the site back to its natural state. Craig Leonard, Weston and Sampson, describes how DEP is going to require non - traditional asbestos abatement work since the building is heavily damaged (i.e., ceiling is collapsed). A plan will be filed for offloading with excavator to pull side of building off and water in the excavator bucket and people on the ground will uses hoses to manage to DEP standard of no visible emissions to ensure no asbestos fibers are introduced into the environment. The demolished material will be picked up by the excavator and deposited into a lined dumpster on the back of a truck that will go through a truck wash. Bladder bags will be sealed. A visual inspection will ensure that no debris remains. Water used in work area will be placed in bladder bag container or filtered and reused. There is door caulking and glazing on the exterior of the building that will be abated. The asbestos was used in the shingles and interior of the building. The asbestos removal is regulated by DEP. Discussion addresses abandoned 30 inch water lines that will remain with intake pipe to be capped within 10 feet of the building. An existing fire hydrant on the lake side of the building will be updated (removed and replaced). All equipment wash will be done on the non -lake side of the building. Discussion ensues about whether or not the limit of work could be reduced. No tree removal is planned as part of equipment access to tear down the building. Any grass that is torn up will be repaired. The foundation will have drains drilled and it will be filled up. An existing storage tank will remain that contains fuel for emergency pumping in the currently used pump station. The 25 -year old plastic tank in concrete vault complies with tank regulations. This may be replaced in the future. A demolition permit application will be filed with the City's Building Department. Also, the Historic District Commission will be involved since this is an older building. Paluzzi moves to issue a Negative #3 Determination. Seconded by Donnelly. The motion carries 5 -0. The Conservation Agent will inspect the erosion control before work begins. New: 449 -514 Hale Street — install gas main within roadway — Boston Gas Compan,, d National Grid Conservation Commission March 23, 2016 Meeting Minutes Page 3 of 5 Maxner reads legal notice. Amanda Neville representing the applicant explains how National Grid wants to install a new gas main section in Hale Street to connect to the existing gas line. A small portion (50 feet) on the northern side will come within the 100 foot buffer zone. All work will be done within the paved expanse of the roadway using a mini - excavator to dig a 2 to 3 foot wide, 3 to 4 foot deep trench with sand, gravel, plastic pipe installed and covered with clean fill. The road will be repaved and sweeping done so no material will be left on site. Silt sacks will be put in all catch basins at the site, and erosion control (straw waddles) will line side of road in buffer zone. Expected work schedule is 20 feet to 40 feet to be dug per day depending on dig safe activity and location of other utilities. Clean fill and sand will be brought in each day on a truck rather than stockpiling materials. Paluzzi moves to issue a Negative #3 Determination with Standard Conditions, the Conservation Agent will inspect erosion control before work starts and ensure catch basins have silt sacks. Seconded by Donnelly. The motion carries 5 -0. New: MBCR Commuter Rail — confirm wetland boundary along commuter rail right -of- wav — Keolis Commuter Services Maxner reads legal notice. Kyle Fair representing the applicant speaks to wetland boundary and the commuter rail right -of- way review of which is required every 5 years. He has checked the permanent delineation on the tracks (in the last five years) especially where it gets close to the resource areas. Discussion ensues about annual use of herbicide for vegetation management near tracks (10' from the center line is an annual spray zone) and what is used in sensitive areas when applied in late June through July. Discussion addresses how spot cutting of trees in the right -of -way for safety reasons would be considered by railroad. Buchsbaum asks Maxner if she feels comfortable with the delineation as presented. Maxner notes that she walked the line with Fair during the last RDA review and would be okay with approving it this time but the next time an RDA is filed she would make sure to walk it again. Members agree with that approach. There being no further questions or comments, Paluzzi moves to issue a Negative #5 Determination. Seconded by Squibb. The motion carries 5 -0. OTHER BUSINESS New: 502 Cabot Street, DEP File #5 -1170, Middle School project — Order of Conditions follow -up per Special Condition # 1, presentation of design changes — City of Beverly, Greg St. Louis City Engineer Greg St. Louis, City Engineer, explains that as part of the Notice of Intent filing he reviewed the stormwater calculations and other Conservation Commission requirements. He speaks to his comments in his peer review letter that includes DEP comments following the Commission's closing the related hearing. The applicant has addressed all comments in the revised plan. Maxner notes that with these revised plans, the DEP has withdrawn its appeal of the project. Conservation Commission March 23, 2016 Meeting Minutes Page 4 of 5 St. Louis notes the concerns of DEP were in regard to the wetland being recharged. The underlying land at the site is predominantly clay so the wetland area is being groundwater fed. Infiltration was not considered to recharge the wetland due to the presence of fill material. A demolition fence is located short of the isolated wetland. Additional watershed area will be on the eastern half of the site. The southwestern side of the site has a low ponding spot and will now to the wetland in an extreme storm event. Also, the flow in the driveway would flow onto Balch Street in a 100 year storm. Overtopping is not expected in 25 -year storm event. Discussion ensues about vertical depression minimizing runoff from parking lot location to the wetland. Discussion addresses stormwater management relative to fleet storage and hoods will be installed on deep sump catch basins, and storm scepters will be installed on site to handle oil runoff. Buchsbaum moves to process the changes through a Minor Modification. Seconded by Donnelly. The motion carries 5 -0. Recess for Public Hearings Paluzzi moves to recess for public hearings. Seconded by Donnelly. The motion carries 5 -0. NOTICES OF INTENT /ABBREVIATED NOTICES OF INTENT/REQUESTS FOR AMENDED ORDERS OF CONDITIONS Cont: 20 Elnew Avenue — construct new single family house & attached garage — Michael Chitro, Chitro Family Series, LLC Lot 20 Fair Acre Series Maxner notes the applicant's representative has requested a continuance. Paluzzi moves to continue the hearing until April 12, 2016. Seconded by Squibb. The motion carries 5 -0. Maxner notes that the abutters were notified of the continued hearing through the Ward Councilor. Reconvene Regular Meeting Paluzzi moves to reconvene to the regular meeting. Seconded by Donnelly. The motion carries 5- 0. OLD /NEW BUSINESS New: 17 Riverview Street - Elizabeth Jones Elizabeth Jones, 17 Riverview Street, speaks to her interest in installing a raised garden bed (4 by 12 feet constructed of non -toxic material — pine boards filled with soil, no fertilizers or pesticides to be used). She provided the Commission with a surveyed plan to scale that has not been certified. The proposed location for the raised bed is where sun and rain would be best on the river side of the house. Maxner states that she had explained to Ms. Jones that perhaps a raised vegetable garden could be reviewed under a Minor Project permit as long as it was at least 50' away from the resource area, coastal bank, but it appears the bed is much closer to the bank. Discussion ensues about Conservation Commission March 23, 2016 Meeting Minutes Page 5 of 5 elevation 14 on top of coastal bank and in order to qualify for a Minor Project the raised bed would have to be 50' away. The Commission advises Ms. Jones that if the proposed bed would not be 50' away the other option is to file for a Request for Determination of Applicability which requires a more formal review process. After discussion Ms. Jones agreed to find a location farther away and try to submit for a Minor Project process. She also inquired about future projects such as repaving an existing driveway, and replacing a small metal shed on the site with a (20 feet by 22 feet) barn on sonotubes. The Commission notes that this type of project would require a Notice of Intent. Maxner explains that these projects would not be out of the question, but a complete alternative analysis would have to be done to get project elements as far away from the river as possible. A new impervious square footage would result from the proposed roof so roof runoff would have to be infiltrated, and mitigation along the bank would be required for a larger size structure. Discussion addresses if a seasonal dock could be extended out one to two floats. Maxner states that this would involve piles so any floats would remain two feet above mud flat at low tide, therefore a NOI would be required as well as a Chapter 91 license. Other... Discussion or Action Items Related to Commission Business Buchsbaum notes he had spoken to Charlie Mann, Chair of Open Space and Recreation Committee, who is gathering information for a Notice of Intent for the Greens Hill trail project that received CPA funding. Part of the project will include a boardwalk over Phragmites in salt marsh area. Mann is interested in a site visit with the Commission prior to filing the NOI to gain input. The Commission proposes a site walk on April 6t' at 6:00 p.m. Tree removal request — 23'/2 New Balch Street The Commission received a request to remove a failing tree at 23 '/2 New Balch. Maxner provides photos of the tree that is partially uprooted. Donnelly notes he viewed the tree and agrees it should be removed. Commission reviewed the photos, and members agreed that this Oak is endangering other healthy trees. The Commission voted unanimously to approve it removal subject to the following conditions: • The tree shall be cut flush at ground surface and the root base left intact in the ground to decay naturally. • As you described, operation of tree removal equipment shall be confined to the paved driveway area. • All wood, branches and related debris shall be taken off site Adjournment Paluzzi moves to adjourn at 9:03 p.m. Seconded by Donnelly. The motion carries 5 -0. The next regular meeting of the Conservation Commission is Wednesday, April 12, 2016 at Beverly City Hall, 3 d Floor Council Chambers, 191 Cabot Street.