Loading...
05-04-16 BCC MinCITY OF BEVERLY PUBLIC MEETING MINUTES BOARD: SUBCOMMITTEE: DATE: BOARD MEMBERS PRESENT BOARD MEMBERS ABSENT: STAFF MEMBERS PRESENT: OTHERS PRESENT: RECORDER: Conservation Commission May 4, 2016 Chair Christine Bertoni, Vice Chair Robert Buchsbaum, John 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 Conference Room, 191 Cabot Street, Beverly, MA. CERTIFICATES OF COMPLIANCE Cont: Folger Avenue Extension, DEP File #5 -859 — construct stormwater conveyance system with check dam and rip rap velocity reducers within Riverfront Area and Buffer Zone to Coastal Bank to service a cluster subdivision — Bass River Beverly, LLC c/o Joseph Phalen III Maxner explains the Order, issued in September of 2004 governed construction of a stormwater conveyance system with check dam and rip rap velocity reducers within Riverfront Area and Buffer Zone to Coastal Bank to service a cluster subdivision which is outside of jurisdictional area. The following Special Conditions were issued as part of the OOC: 1. Pre - Construction photographs of the areas designated for the scour hole with velocity reducer and along length and at the terminus of the proposed stone drainage swale shall be submitted to the Conservation Commission for review. This condition has been satisfied. 2. Quarterly monitoring reports shall be submitted to the Conservation Commission for one year after construction of the subdivision is complete to monitor the function and conditions of the scour hole and velocity reducer, stone swale and conditions at the final discharge point. Photographs of the scour hole, stone swale and discharge points shall be submitted as part of the monitoring reports. The monitoring reports reflect that the subdivision was just finished. Maxner reports that the site is stable with no erosion or scour. The developer is working toward releasing the street to the City so it will be a public road and drainage system. There are standard perpetual conditions. Paluzzi moves to issue a Certificate of Compliance for DEP File #5 -859 with standard perpetual conditions. Seconded by Donnelly. The motion carries 6 -0. Conservation Commission May 4, 2016 Meeting Minutes Page 2 of 11 New: Folger Avenue, DEP File #5 -893 – construct pier – Bass River Beverly, LLC c/o Joseph Phalen III Maxner explains, the Order, issued in October of 2005, was for construction of a 40 -foot aluminum ramp /bridge, 300 -foot long pile supported wooden pier, 24 -foot aluminum gangway and six terminal pile supported main floats and six finger floats within a number of wetland resource areas. No work was done under the Order. Paluzzi moves to order a Certificate of Compliance indicating that this is an invalid Order of Conditions, the work regulated by the above - referenced Order of Conditions never commenced. The Order of Conditions has lapsed and is therefore no longer valid. No future work subject to regulation under the Wetlands Protection Act may commence without filing a new Notice of Intent and receiving a new Order of Conditions. Seconded by Grandoni. The motion carries 6 -0. Recess for Public Hearings Paluzzi moves to recess for public hearings. Seconded by Buchsbaum. The motion carries 6 -0. NOTICE OF INTENT Cont: 1 Water Street, DEP File #5 -1180— City of Beverly c/o Robert Dever, Project Coordinatnr Josh Zall with GZA Environmental, representing the applicant, and Rob Dever Project Coordinator for City of Beverly are present. Zall explains the City proposes to remove bottom anchored float system and replace with 14 new steel 16" guide piles within land under the ocean (LUO), which results in a reduction of impact within LUO from 965 square feet down to 20 square feet. Action with Chapter 91 and Army Corps of Engineers is ongoing, and a MEPA letter will explain that an ENF is not required. A letter from Division of Marine Fisheries defines how the concrete block work can occur with restrictions associated with spawning and development of winter flounder from February 15 to June 30 so there is a fall schedule for work after boating season. In response to Paluzzi, Zall explains that blocks will be installed temporarily for this season to stabilize the system, and then pulled out by lifting to minimize movement of sediment. Borings were done under the prior project, DEP File #5 -881. In response to Bertoni's question, the steel piles will be driven (vibratory or impact hammer) by a barge (80' long by 30' wide) likely during low tide where there is sufficient depth so it will remain floating. Zall notes he /GZA will be involved in the bidding process and monitor work. Forced water is used to remove sediment from piles surrounded by turbidity curtains. The concrete operation may be staged from the land and there is no mixing of concrete with displaced water. Bertoni asks if there are any questions from the audience. There are none. Conservation Commission May 4, 2016 Meeting Minutes Page 3 of 11 There being no further questions or comments, Donnelly moves to close the hearing. Seconded by Paluzzi. The motion carries 6 -0. Reconvene Regular Meeting Paluzzi moves to reconvene the regular meeting. Seconded by Grandoni. The motion carries 6 -0. Old/New Business New: 43 Brackenbury Lane, DEP File #5 -1175 — update on site activities /uses pending appeal — Scott Rouisse c/o Robert Griffin, Griffin Engineering Group, LLC Bob Griffin representing the applicant provides an update on the project since the Commission issued an Order of Conditions and neighbors Mr. & Mrs. Brusil filed an appeal with DEP. A site walk with DEP will occur next Tuesday. He explains that in the meantime the applicants need to move forward with improvements to the property given the condition of the existing building. He believes that all work proposed for the structure should occur without triggering the interest of the Wetlands Protection Act. He explains the applicants are living in a temporary trailer at the site for the summer on top of lawn with temporary fencing for children and dogs as building work proceeds. Bertoni noted that the trailer is in part of the buffer zone immediately adjacent to the stream, but she believes it is not endangering or impacting the wetland as it is a temporary situation. Access through Ancient Way is still possible. Griffin explained an electrical hook -up to the trailer needs a permit with the Building Department. Griffin describes how there is room with the existing driveway for roll off containers, dump trucks and pickup trucks associated with the demolition and construction work on the house only. Erosion control will be installed at the limit of work. Maxner will follow up with Griffin regarding the erosion control installation. A contractor was hired to remove all asbestos in the house including removal of basement windows. These openings will be replaced with flood vents if vents are deemed necessary. Discussion ensued about how the appeal could take from six to nine months. All proposed work in the house is compliant with the building code. The Commission thanks Griffin for the update and looks forward to the outcome on the appeal with DEP. New: 131 McKay Street, DEP File #5 -1142 — request for Minor Modification to Order of Conditions — Windover McKay, Mike Cappachetti, Meridian Associates, representing the applicant speaks to request for minor modification to the Order issued in February 2015 associated with reconfiguring the approved garden and remove the approved gravel bocce court and volleyball court all outside of the buffer zone. The planting beds will be reconfigured to incorporate a picnic table, a potting table and small storage unit to store hand gardening tools. This is for a community garden for the development and there will be timbers blocking in the area with pea stone walkways. Discussion ensues about standard condition in the Order regarding no use of herbicides, pesticides, and Conservation Commission May 4, 2016 Meeting Minutes Page 4 of 11 fungicides with 100 feet of wetland. This condition can be modified associated with community garden for the residents. The area around the garden would be grassed so infiltration of runoff would be better than with the previously proposed gravel bocce court. Compost bins are proposed where garden waste can be disposed of by gardeners. Paluzzi moves to approve the changes and issue a Minor Modification. Seconded by Buchsbaum. The motion carries 6 -0. New: Reauest to Utilize Conservation Commission Held Land (Man 65 Lot 4) for Staging /Stockpiling Related to 102 Cherry Hill Drive Development — Stephen I Connolly IV Project developer Stephen Connolly addresses the Commission and describes how an 80,000 square foot, manufacturing /office building is being permitted at 102 Cherry Hill Drive. The request is to stockpile loam (25' high) where it will be screened on the City's land immediately adjacent to 102 Cherry Hill Drive held by the Commission. He notes that the stockpile area would be outside of the buffer zone and is currently a scrubby shrubby environment. This is to facilitate the construction process. He explains the area would be loamed and seeded at the conclusion of the project to return to a meadow. About 10,000 cubic yards of material will be exported from the five to six acre site and an area on gently sloping hill will be filled with removed loam. Construction is proposed to start in two to three weeks. There is a goal to get the construction done and slopes loamed and seeded no later than September 15, 2016 to avoid erosion during the winter. Buchsbaum raises concern that this would trigger Article 97 proceedings and set a prescedent for use of Commission held land. Discussion ensues as to the Commission's charge to keep the land in its natural state, with Bertoni noting that clearing the shrubby environment for stockpiling and then only loaming and seeding is essentially converting one habitat to another and altering the land. Bertoni notes she would like to read the deed and consutl with the City Solicitor as she believes this is not a straightforward process. Buchsbaum believes it is not appropriate use of Commission land to facilitate a private development and therefore the proposal would not meet criteria for Article 97 disposition. Donnelly and Grandoni concur and suggest that the request be denied. Connolly describes how there is a tight schedule to do the construction starting the project in three weeks getting site work done, paving and installing drainage system as well as getting grass growing. Also, how the building will house job opportunities for the City. Connolly asks the Commission to table the request and review the deed where Flatley maintained in the deed. He suggests the City Solicitor could be consulted (Article 97 implications) and Connolly could come to the Commission's meeting on May 25, 2016. Squibb moves to table this request until the Commission's May 25, 2016 meeting pending consultation with the City Solicitor and review of deed. Seconded by Paluzzi. The motion carries 6 -0. Conservation Commission May 4, 2016 Meeting Minutes Page 5 of 11 New: 1 Thomas Road — tree removal reauest — Marc Fri Marc Frigon describes how he is working with an arborist from Iron Tree and one red oak tree within 100 feet of wetlands behind his house that is not healthy and he is concerned about it falling on his house. There are a few oak trees along the side of the house that will have hazard pruning performed, and one smaller tree removed in front of the driveway that is 50 feet from wetland. He notes the stump for the tree close to the wetland will be flush cut to grade. Hazard pruning will also occur in the front of the house associated with power lines. National Grid took down a tree in front of the house and this stump will be ground out. Paluzzi moves to approve the tree cutting as described, with the following conditions: • Removal of the large Red Oak located approximately 20 feet off the rear of the right side of the house and adjacent to Bordering Vegetated Wetland (BVW). • Removal of one smaller deciduous trees proximal to the street at the front of the house, in the outer reaches of the 100 -foot buffer zone to the BVW. • A crane shall operate from the driveway and front side of the house and not any further into the buffer zone. • The Red Oak behind the house shall be flush cut to grade and not ground out. The root structure shall be left untouched. • The smaller deciduous tree at the street may be ground down, but the root structure should be left in the ground. • Limbing of other trees on the property is allowed to remove dead hazardous branches and interference with power lines. Seconded by Squibb. The motion carries 6 -0. New: 550 Cabot Street — Eagle Scout Trail Project — William Cicci, 11 Troop 6, Eagle Scout Candidate Eagle Scout William Cicci addresses the Commission and proposes as part of his Eagle Merit Badge to clean up trash in the wooded area and put a trail in next to the wetland for the children to explore. He explains he is proposing an 8' to 10' bridge /plank structure over mud. Discussion ensues about how the proposed trail must to stay outside of wetland, and that flagging of wetland could be reestablished by the property owner's wetland consultant. Cicci would like to do the work in late May or early June. He mentions that dead trees on the ground could be used to define the edge of trail. Maxner and Squibb agree to visit site with Cicci after the flags are re- established to determine where a trail could be located without any activity within the 25' No Disturb Zone and provide further guidance on the proposal. Donnelly notes that this exercise would allow Cicci to create a scaled plan. New: Review of Minor Project Permits Issued by Agent since last meeting Conservation Commission May 4, 2016 Meeting Minutes Page 6 of 11 No new Minor Project Permits were issued aside from 50 Dunham Road test tips 85+ feet from the edge of wetland which the Commission approved directly. New: Expenditure Approvals Paluzzi moves to reimburse Amy Maxner $55.00 for mileage reimbursement for 275 miles (275 x .20 /cents /per mile) for the 4 -month period of January through April 2016. Seconded by Grandoni. The motion carries 6 -0. Minor Modification Request: 3 Silver Court, DEP File #5 -1130 Maxner explains the Order issued in September 2014 governs a small addition and extension of a deck. The deck has been scaled down than originally proposed (8' by 13') with reduction in surface area of deck and number of sonotubes. The new deck section would be (6' by 5'), and she provides members with the revised plan to review. Paluzzi moves to approve the Minor Modification at 3 Silver Court as described. Seconded by Squibb. The motion carries 6 -0. Orders of Conditions Bertoni notes that the Commission tabled discussion on some of the Orders of Conditions from last night in favor of considering them this evening. 1 Water Street, DEP File #5 -1180— City of Beverly c/o Robert Dever, Project Coordinator Discussion ensues about standard conditions and potential special conditions. Buchsbaum moves to approve the project udner the State Act with General Conditions and approve the project under the Ordinance and issue the Order of Conditions with Standard Conditions and the following Special Conditions as discussed: 1. Pursuant the Division of Marine Fisheries' May 2, 2016 comment letter, the prohibition of in -water work between February 15 and June 30 of any year shall be adhered to. 2. Booms /turbidity curtains shall be employed around each area of work, and sediment allowed to settle before removal. 3. If a barge is used to accomplish any work on the project, it shall be floated in during high tide and it may sit and be elevated on spuds on the beach/mud flats at low tide and shall not be allowed to bottom out on the beach. 4. Fuel spill containment system shall be on site /on barge prior to construction. Said system shall be observed by a representative of the Conservation Commission during the pre - construction meeting. Seconded by Paluzzi. The motion carries 6 -0. 20 Elnew Avenue, DEP File #5 -1177 – construct new single family house & attached garage – Michael Chitro, Chitro Family Series, LLC Lot 20 Fair Acre Series Conservation Commission May 4, 2016 Meeting Minutes Page 7 of 11 Discussion ensues on the project, with Maxner reminding the Commission that it will be making separate decision under the Act and the Ordinance. Members review the file materials and discuss the flooding issues in the vicinity. There being no further discussion, Paluzzi moves to approve the project under state Wetlands Protection Act subject to general conditions. Seconded by Buchsbaum. The motion carries 5 -1 with Grandoni opposed. The Commission extensively discuss the Ordinance criteria. The Commission discuss findings under the Regulations Section VC. There being no further discussion, Buchsbaum moves to approve the project under the Ordinance subject to Standard Conditions and the following Special Conditions: 1. By way of courteous disclosure and notification to any potential builder or buyer of the subject property, said parties should be aware of the shallow groundwater and flooding conditions on site which may impact house design. A full basement could potentially experience flooding, making its utility limited and necessitating proper drainage. 2. The project wetland consultant shall immediately forward any data relative to BVW, vegetation or soils that he recorded in his review of the LEC wetland delineation. 3. Prior to construction and Conservation Commission sign -off on any building permit ( "foundation only" or otherwise) final house plans and proposed foundation /basement plans shall be submitted to the Conservation Commission for review. Commission review is to ensure that proposed drainage management features will not cause negative impacts to the wetland resource or associated buffer zone. Said review shall be placed on a regular meeting agenda of the Commission. 4. Prior to construction and Conservation Commission sign -off on any building permit ( "foundation only" or otherwise) a revised site plan shall be submitted showing methods and location of proposed dewatering for any excavations. 5. As discussed with and agreed to by the project consultant on behalf of the applicant during the May 3, 2016 hearing, the proposed limit of work (i.e. edge of erosion control siltation barrier as well as the edge of "disused footpath" to the west meeting the edge of Elnew Avenue) shall constitute the limit of the No Disturb Zone (NDZ) in perpetuity. Prior to building permit sign off ( "foundation only" or otherwise) a revised plan shall be submitted to the Conservation Commission depicting this new limit of the NDZ. 6. Prior to building permit sign off ( "foundation only" or otherwise) the existing piles of debris, lawn and yard waste that have been historically dumped along the pathway shall be removed and properly disposed of off -site. The Conservation Administrator shall inspect the area once it has been cleaned of said debris. 7. Prior to Conservation Commission sign off of a Certificate of Occupancy, the limit of the entire No Disturb Zone shall be demarcated in the field with weather resistant monuments to be installed at 35 -foot intervals (for a total of 5 monuments). These markers shall have plaques attached bearing language on their upland side reading "Protected Wetland and Buffer Zone Area No Disturbance Beyond This Point By Order Of the Beverly Conservation Commission ". Said monuments shall be installed such that they are not less than 2 feet and no more than 4 feet above grade to ensure that it is Conservation Commission May 4, 2016 Meeting Minutes Page 8 of 11 visible in the field. The Conservation Administrator shall inspect the monuments once they are installed. 8. The markers as described in Special Condition #6 above shall be kept in good repair and replaced as necessary. This condition shall survive in perpetuity beyond the issuance of a Certificate of Compliance. 9. Prior to Conservation Commission sign off of a Certificate of Occupancy, the proposed mitigation plantings, seeding and 3 Hemlock trees shall have been installed. The Conservation Administrator shall inspect the plantings once they are installed. 10. The proposed mitigation plantings shall exhibit an overall survivorship of at least 75% two years post installation. The proposed Hemlock trees shall be not less than 2'inches in caliper and shall exhibit 100% survivorship two years post installation. A qualified wetland scientist shall evaluate the plantings for survivorship and provide a summary report to the Commission prior to the issuance of a Certificate of Compliance. If the Hemlock trees show signs of Wooly Adelgid infestation, they shall be removed and replaced with White Pine of same caliper. Seconded by Paluzzi. The motion carries 6 -0. 675A & B Hale Street, DEP File #5 -1181 — implement aquatic plant management program in Vogel Pond — Adam Steinmetz Discussion ensues as to potential conditions for the project. Bertoni notes that prohibiting the replacement of the guardrails needs to be called out in the Findings, members agree. There being no further discussion, Paluzzi moves to approve the project under state Wetlands Protection Act subject to general conditions. Seconded by Buchsbaum. The motion carries 6 -0. Criteria under the Ordinance is discussed. Potential conditions are reviewed and discussed. There being no further discussion, Buchsbaum moves to approve the project under the Ordinance subject to Standard Conditions and the following Special Conditions: 1. This Order of Conditions and set of Special and Standard Conditions as issued under DEP File #5 -1181 supersedes all previous Orders of Conditions and Certificates of Compliance (e.g. DEP File #5 -838 and DEP File #5 -697) that have been issued for management of this pond. 2. The applicant shall submit a request for Certificate of Compliance to the DEP to close out the outstanding Superseding Order of Conditions, DEP File #5 -697 no later than 1 year from the date of issuance of this Order (May 24, 2016). 3. Prior to any activity undertaken under this Order, the applicant or his /her designee shall present to the Commission a valid BRP WM 04 Permit for the application of aquatic herbicides and /or algaecides for the target invasive /nuisance species. 4. All application of herbicides /algaecides approved for use under this Order shall be applied by an applicator licensed by the MA Department of Agricultural Resources, Pesticide Bureau. 5. The applicant shall notify the Beverly Conservation Commission (BCC), the Department of Environmental Protection (DEP), and both immediate and down - stream abutters in writing at least 72 hours before any activities (including pond draw down and chemical Conservation Commission May 4, 2016 Meeting Minutes Page 9 of 11 applications) are to begin on the project site. Notification to abutters shall include the names of every resident /owner at each downstream property. The applicant shall also provide the BCC, the DEP and the downstream abutters with the name(s), address(es) and telephone number(s) of the person(s) responsible for ensuring on -site compliance with this Order of Conditions and his or her alternative. 6. The pond shall be drawn down 3 -6 inches prior to any chemical treatments. Such draw down shall be done gradually so as not to cause any downstream flooding or unusual peak rate of runoff. 7. The applicant shall place sandbags around the dam prior to any chemical treatments to temporarily prevent any leakage from the dam in the event of a rain event during the chemical treatment period. 8. During hydro - raking, siltation controls shall be utilized to prevent and minimize downstream siltation to resource areas. 9. All hydro - raking material shall be containerized in steel dumpsters that are water tight and disposed of at an appropriate off -site facility. 10. The applicant shall provide the BCC and the DEP with annual monitoring reports for each of the three years detailing the chemical treatments and their effectiveness. 11. Following completion of the project under the life of this Order, the applicant shall submit a request for Certificate of Compliance which shall include an affidavit signed by the licensed applicator stating that the aquatic vegetation has been treated in accordance with the Conditions of this Order. 12. The use of fertilizers on the applicants' lawn abutting the pond is hereby prohibited. This condition is on- going /perpetual and shall survive beyond the issuance of a Certificate of Compliance. Seconded by Squibb. The motion carries 6 -0. Rear McKay Street, Map 41 Lot 164, DEP File #5 -1142 — perform invasive species management and selective viewscape pruning — Windover Development c/o Kristen Poulin Extensive discussion ensues on the project. The Ordinance waiver criteria are reviewed and potential conditions are discussed. Donnelly moves to approve the project under the State Act with General Conditions and approve the project under the Ordinance and issue the Order of Conditions with Standard Conditions and the following Special Conditions as discussed: 1. Prior to work commencing, not less than 4 DEP File signs shall be installed at vantage points highly visible by the public. Said signs shall contain the following language (or similar messaging) and be sized appropriately to ensure easy legibility and visibility: "This wetlands permit file # governs a habitat restoration project that includes invasive plant species removal and management, vista pruning and replanting the area with native plant species. " 2. Prior to cutting any of the Norway Maple trees, said trees shall be flagged and reviewed in the field with the applicant's project wetland scientist and Commission representative. This condition is to assess the condition size of said trees. Conservation Commission May 4, 2016 Meeting Minutes Page 10 of 11 3. Immediately after invasive species removal, but before vista pruning is performed, a plan must be submitted to the Conservation Commission and presented at a regular meeting, that depicts the following: a. Areas of significant invasive species removal/clearing (noting approximate square footage); b. A plant schedule listing native species, specimen size and quantity to be installed for the entire restoration area; c. Areas slated to receive native plantings (noting approximate square footage and proposed species and general specimen location); d. All Norway Maple trees removed shall be replaced with native Sugar Maple and Red Maple trees of appropriate caliper and so noted on the plant schedule and plan; 4. Based on the Commission's review of the plan described in Special Condition #3 above, the Commission hereby reserves the right to further condition the project via a Minor Modification. 5. A written and signed agreement between the applicant and owner of the parcel on which this project is taking place shall be submitted to the Commission for its file. This is to ensure that any agreement between the applicant and owner of the property shall prescribe responsibility for compliance with this Order of Conditions. 6. The licensed herbicide applicator personnel shall monitor the application rate so as not to exceed EPA/DEP allowable quantities per land area. 7. Monitoring of invasive species removal and survival of native plantings shall be carried out not less than 5 years, with an annual report detailing yearly results and management efforts to be submitted to the Conservation Commission upon availability. 8. Native plantings shall exhibit at least 75% survivorship, with any trees exhibiting 100% survivorship. Seconded by Paluzzi. The motion carries 6 -0. 133 Common Lane, DEP File #5 -1182 — construct accessory parking and associated landscaping — Joanna & Stephen Catalucci Discussion ensues as to possible conditions to issue for the project. Paluzzi moves to approve the project under the State Act with General Conditions and approve the project under the Ordinance and issue the Order of Conditions with Standard Conditions and the following Special Conditions as discussed: 1. The project engineer or qualified wetland professional shall supervise the construction of the rain garden to ensure its proper function. Seconded by Squibb. The motion carries 6 -0. ADUroval of Minutes Paluzzi moves to approve the December 8, 2015 minutes as amended. Seconded by Squibb. The motion carries 6 -0. Adjournment Conservation Commission May 4, 2016 Meeting Minutes Page 11 of 11 Paluzzi moves to adjourn at 10:15 p.m. Seconded by Squibb. The motion carries 6 -0. The next regular meeting of the Conservation Commission is Wednesday, May 25, 2016 at Beverly City Hall, 3 d Floor Council Chambers, 191 Cabot Street.