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04-12-16 BCC MinCITY OF BEVERLY PUBLIC MEETING MINUTES BOARD: SUBCOMMITTEE: DATE: BOARD MEMBERS PRESENT: BOARD MEMBERS ABSENT STAFF MEMBERS PRESENT OTHERS PRESENT: RECORDER: Conservation Commission April 12, 2016 Chair Christine Bertoni, Vice Chair Robert Buchsbaum, John Donnelly, Richard Grandoni, Tony Paluzzi, Bill Squibb None 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. MINOR MODIFICATION TO ORDER OF CONDITIONS New: 502 Cabot Street, DEP File #5 -1170 — construct new middle school — City of Beverly c/o PARE Corp. Mark Gabriel representing the applicant describes modifications to the bus depot location and parking lot area with more work in the buffer zone than in the originally approved plan. In response to Grandoni, Gabriel explains that although environmental impacts are less due to reduced impervious area (buses will parked two in a row to potentially allow elimination of one drive out) and stormwater runoff, there is a 3% increase in impervious surface and disturbance in the 100 foot buffer zone. The vegetation removal has been reduced in the bus depot by 7,900 square feet. The drainage gets collected in catch basins and is directed to a treatment system. Some trees will be removed to allow the parking lot to be built. Erosion control is shown on the plan. The contractor is aware of the revised plan and the limit of work is associated with the RDA for the building demolition. The new limit of work will be extended with no grading changes anticipated. A storage shed will be located on the north east portion of the property. Gabriel offers to talk to the City about if additional plantings could occur at the abutters' property line without causing too much disturbance. City Councilor James Latter noted that the neighbors are not pleased with the buses being located at the site but believes this modification is better than originally approved planned. Resident of 11 Auburn Road, speaks to the impact the bus depot will still have despite the forested area at the end of his dead end street. He notes that this modification is better but there Conservation Commission April 12, 2016 Meeting Minutes Page 2 of 9 will still be negative impact due to idling buses, which may be as many as 40 buses running at a time. There being no further questions or comments from the audience or Commission, Bertoni asks if the Commission considers this a Minor Modification as set forth in the local regulations. Maxner reads language associated with minor modification in local Beverly wetlands regulations. Donnelly moves to approve the minor modification as presented. Seconded by Paluzzi. The motion carries 6 -0. CERTIFICATES OF COMPLIANCE New: Folger Avenue Extension, DEP File #5 -859 — construct stormwater conveyance system with checkdam 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 notes the applicant has requested a continuance to add information to the as -built plan. Donnelly moves to continue until the May 3, 2016 meeting. Seconded by Squibb. The motion carries 6 -0. REQUEST FOR DETERMINATIONS OF APPLICABILITY New: 125 Livingston Avenue, Obear Park — construct steel pavilion and concrete pad — City of Beverly c/o Recreation Department, Bruce Doig, Director Maxner reads legal notice. Bruce Doig, Director, describes how in 2014 CPA funding was approved for the Recreation Department to construct an open air 20' x 40' pavilion to be set on a 12" deep concrete pad surrounded by a 12" wide stone drainage trench at Obear Park. The location on site was recently identified for the project, within the Riverfront Area approximately 113 feet from bank/MHW and associated bordering wetland. One small tree will be removed due to construction and another tree will be planted in the general area. Access from the parking lot to the pavilion will include ADA compliance. The intent of the pavilion is protection for campers and the public from rain. Picnic tables will be located on the pad in the pavilion. Doig notes a vendor under state contract will do the work. Six posts will be poured 6' deep, and work will be done with an excavator, wire mesh and stone will be used for concrete pad. Excavated material will be loaded into a dump truck at the parking lot. Discussion ensues about 800 square foot disturbance and if NOI should be required. Donnelly opines that he did not see significant impact or risk to river. Maxner notes that in riverfront there is the requirement of restoration in an area compensatory with what area is being disturbed. Areas for possible restoration were discussed, with Doig offering to remove a failing play structure and reseeding. There being no further questions or comments, Donnelly moves to issue a Negative #2 Determination with the following conditions: Conservation Commission April 12, 2016 Meeting Minutes Page 3 of 9 1. Prior to work commencing properly staked erosion controls shall be installed enveloping the work area and said controls shall be inspected by the Conservation Administrator. 2. As described and agreed to by Recreation Director Bruce Doig during the April 12, 2016 meeting, all construction equipment shall be operated from and on the paved parking lot surface. 3. All excavated materials /soils shall be immediately loaded into a dump truck or other container. Excavated materials /soils shall NOT be stockpiled anywhere on site. 4. As agreed to by Recreation Director Bruce Doig during the April 12, 2016 meeting, the existing deteriorating play structure on site shall be removed and the area loamed and seeded with a native grass mix. Seconded by Paluzzi. The motion carries 6 -0. OLD /NEW BUSINESS New: Dane Street Beach — construct playground structure, Dane Street Beach — install ADA roll out mats to beach & Lynch Park — install ADA roll out mats to beach — Recreation Department c/o Director Bruce Doig Bruce Doig describes proposals. The first is to build a playground structure within the existing playground area at Dane Street Beach/Lyons Park — which is approximately 100 feet from the edge of the beach, but is within the Floodplain AE Zone. During construction the existing playground timbers will be repurposed and concrete poured for posts and pad for additional play pieces, and fence installed along the driveway. He goes on to explain the proposed ADA roll out mats to be installed on the sand to water's edge at Dane Street Beach and Lynch Park. The temporary pervious mats are staked down and taken up in the winter so they are not permanent structures. Discussion ensues as to the appropriate application for these projects. Bertoni notes that an RDA would be sufficient in her opinion. Members agree that the Recreation Department should submit two RDA applications: 1) Dane Street Beach playground structure construction and installation of ADA mats, and 2) Lynch Park installation of ADA mats. Doig agrees to submit these applications in time for review at the Commission's meeting on May 3, 2016. Recess for Public Hearings Paluzzi moves to recess for public hearings. Seconded by Squibb. The motion carries 6 -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 Conservation Commission April 12, 2016 Meeting Minutes Page 4 of 9 John Dick, Hancock Associates, representing the applicant recalls the March 17t' site visit with the Commission and highlights changes to the plan: three hemlocks adjacent to the garage will be replaced as screening along the property line; recharge trenches will located along drip line below both edges of the garage. Perforated pipe will be located in the middle of the trenches to help water move faster. He notes that there is yard waste material along a footpath that will be removed and taken to a compost facility and this area will be replanted with a shade grass mix and understory shrubs. The 25' buffer zone will be monumented. In addition, the Boy Scout bridge has a deck above water level with branches below that could be removed. It was noted that there is a vernal pool located 270 feet to the south. Donnelly asks about location of driveway relative to trees in the area (i.e., black locust) and proximity of proposed house in the 100 foot buffer zone on buildable lot. Donnelly speaks to proposal to remove many trees in the buffer zone for the construction and safety of future family living in the house. Eric Bazin, 18 Elnew Avenue, notes he lives across the street from the site, and he distributes a letter to the Commission on the research they have done of the site. Andrea Kusiak resident of Elnew Avenue notes the neighbors are working with Cape Ann Vernal Pool Team to identify vernal pools in the area which might be closer to the site. She refers to the list of concerns in the letter presented by Bazin. Dick states that stormwater should shed off of the property away from the neighbors and reiterates how the garage and house roof runoff is going to be recharged. Kusiak speaks to neighborhood concern about how the site is always wet. She notes that berms are preventing water from flowing into where the proposed house would be built. Dick notes that the site grades to the south 3% and road drainage pipe runs in the opposite direction to the north. Resident mentions branches causing a dam under Boy Scout bridge. Some of the residents in the area have sump pumps to deal with groundwater coming into their homes. Dick describes how there should be a minimal effect on groundwater since water flows to Norwood Pond, and that surface water is affected in subdivisions. Dick offered to bring the Commission an updated plan. He will work with Maxner to print out a topographic map of area. Discussion addresses specifics about what denotes a vernal pool in state and local regulations. Buchsbaum moves to continue the hearing until the Commission's meeting on May 3. Seconded by Paluzzi. The motion carries 6 -0. New: 675A & B Hale Street — implement an aquatic plant management program in Vogel Pond —Adam Steinmetz Maxner reads legal notice. Dom Meringolo with Solitude, and Bill Phelps and Adam Steinmetz property owners, representing the application are present. Meringolo speaks to perpetual condition from a previous Order of Conditions issued by the Commission, which allows continued chemical treatment of pond to control nuisance weeds and algae. He explains the owner would like to extend the program beyond herbicide and algaecide to introduce mechanical hydro - raking in the shallow pond to remove organic debris such as old decaying plants, weeds, and sticks but not pick up sediment. Meringolo notes that this should improve overall condition Conservation Commission April 12, 2016 Meeting Minutes Page 5 of 9 of the pond and is not considered dredging by DER Removed material will be put in a dumpster and hauled away from the site. A small bobcat would be used and effort made to minimize disturbances. This will occur at the south end of the pond by the driveway. In response to Buchsbaum, Meringolo explains that also proposed in this NOI is nutrient management treatment to sequester the phosphorous, and the use of bacteria and enzymes to compete with algae and promote natural decay. A report summarized how the pond was treated in 2011 as part of the Order of Conditions requirement and covers period of 2009 to 2015. Techniques have been perfected to improve overall health of the pond. The owner's properties in the area are connected to sewer. A study of fish and wildlife has not been done. There are ducks, turtles, spring peepers in the pond thought to have been built in the 1940s. John Loring noted that artificial ponds were built at that time. Joan Johnson, 677 Hale Street, speaks to the five -year old sewer line in the street to 675 Hale Street. She notes that the 675 Hale Street owner is a good steward of the property and asks that sand bags be put in place as they have been done before while maintenance work occurs on the pond. She notes that the stream that drains from the pond leads to her back yard and she wants to understand if any material from hydro- raking would go downstream. In response, Meringolo describes how sand bags will be used, that rodeo herbicide will be used to treat purple loosestrife as covered under Certificate of Compliance perpetual conditions, the use of low dose aluminum sulfate that binds with phosphorous will be used, and turbidity curtain be put at outlet to prevent any leakage of removed organic material. The pond will ultimately be a little deeper. Discussion ensues about how perpetual conditions should be ongoing based on the five year compliance relative to success of program. Maxner states that invasive species management should continue with the loosestrife. Meringolo suggests that this should include use of herbicide and algaecides as well. Adam Steinmetz mentions the reason why the compliance lapsed was that both homeowners of the pond have taken time to understand the situation it was not neglect. Maxner explains that this would be an addendum with supplemental information provided detailing the approach in the NOI. The Commission schedules a site visit on Tuesday, April 26 at 5:30 p.m. There being no further questions or comments at the moment, Paluzzi moves to continue the hearing on May 3, 2016. Seconded by Donnelly. The motion carries 6 -0. New: Rear McKay Street, Map 41 Lot 164 — perform invasive species management and selective viewscape pruning — Windover Development c/o Kristen Poulin Maxner reads legal notice. Joe Orzel representing the applicant speaks to proposal to implement an invasive species management and viewscape pruning program along the Shoe Pond which includes hand cutting and chemical treatment ofinvasives (i.e., bittersweet, honeysuckle, black locust, Norway maples) and installation of native enhancement plantings. Viewscape management includes selective pruning (i.e., spruce, arborvitae) to create views for the new residential development on the McKay School site. Conservation Commission April 12, 2016 Meeting Minutes Page 6 of 9 Orzel notes that bare areas would be seeded with native seed mix to stabilize area. Monitoring will occur for two years with potential for additional treatment of invasives. More detail (including mitigation) will be provided to the Commission on tree pruning and plantings after first step of removal of invasive species. In response to Bertoni, Orzel notes this project will require a written agreement between Windover and Cummings as the work is occurring on Cummings property. Grandoni notes he visited the site recently and notes the silt sock needs to be replaced in areas where it is missing or in bad shape. Orzel will work with the applicant to address this. The being no further questions, the Commission schedules a site visit at 6:15 p.m. on Tuesday, April 26, 2016. Bertoni moves to continue the hearing until the May 3, 2016 meeting. Seconded by Squibb. The motion carries 5 -0 -1 with Buchsbaum stepped out of the room for the vote. New: 480 -482 Rantoul Street — construct a 90 -unit residential apartment building, with commercial on 1s floor, associated parking and utilities — Windover Development c/o Chris Koeplin Maxner reads legal notice. Charlie Wear representing the applicant describes isolated vegetated wetland subject to protection under the local Beverly Wetland Ordinance and previously approved by the Commission via an ANRAD. He explains the proposal for parking within the buffer zone and grading in the 25' NDZ. There will be 118 parking spaces to serve 90 residential units proposed in the building. Small landscape islands are proposed in the parking area as well as around the perimeter. Wear explains there is a 42" culvert that runs through the site. There is a proposal for two infiltration systems north of the building and underneath the parking to the south that will reduce the amount of flow running off of the site. Compliance will occur with DEP stormwater management standards. The site has 6' to 10' of fill which has coarse sand below which will assist with infiltration treatment standards. In response to Maxner, Wear explains that gentle grading (2 to 1 uniform slope) is proposed in the 25' No Disturb Zone. The front of the site is 10 feet higher than the back of the site where the groundwater is 3' deep. Fill is proposed at the back of the site for minimum infiltration at 4' above groundwater. Joe Orzel representing the applicant speaks to grading in the 25' No Disturb Zone and proposed mitigation in the wetland. He notes two other options considered for grading were to include a retaining wall, or pull grading back at parking lot. Mitigation is proposed for the grading in the highly disturbed No Disturb Zone. A two year management control of invasive species (i.e., black locust, purple loosestrife) is proposed. A majority of Phragmites is offsite. Black locust will be cut and stumps flush cut with use of herbicide. Purple loosestrife will be hand pulled. Plantings of native trees and shrubs will be done to replace black locust including black birch, white pine, gray dogwood. He notes the Commission's expectation of 75% survival rate after two years of growth. Proposed planting area does include parts of the slope and can be adjusted. Conservation Commission April 12, 2016 Meeting Minutes Page 7 of 9 Wear explains that a filing is occurring with the Planning Board. Maxner notes that the City Engineer is not prepared to commit to do a peer review on the drainage based on his workload. Bertoni asks if there are any questions from the audience. Abutter Gary Rourke, expressed concern about runoff and impervious surface relative to wetland and existing overloaded drainage system since his building on Elliott Street has experienced flooding a few years ago. Discussion ensues on how the culvert on the site replaced the open channel stream that was filled behind the property many years back and the development will tie into this system so it will not exacerbate existing runoff that comes from the site to recharge into the ground. The parking lot will slope to the back of the site and at this edge it will slope back into the site where there will be catch basins draining into the infiltration system. Resident of Elliott Street apartments expresses interest in development planning considering runoff so there will be no further impact to Elliott Street. Nancy Scialdoni, 478 Rantoul Street, expresses concern about drainage related to the proposed development, and an area near her property that was supposed to be mitigated as a stormwater feature tied to another development that did not occur. In October 2015 the Commission walked the wetland line and observed conditions in the isolated vegetated wetland. Commission members will visit the site individually prior to the next meeting. Bertoni moves to continue the hearing until May 3, 2016. Seconded by Squibb. The motion carries 6 -0. New: 400 Hale Street, Endicott College — construct access drive extending to proposed parking lot at northeast section of campus — Endicott College c/o Dennis Monaco Maxner reads legal notice. Joe Orzel representing the applicant describes pervious roadway which the Commission approved under the State Act and denied under the Beverly Ordinance due to the lack of information as to the totality of the project and associated impacts. The College is proposing an approximately 43,000 square foot parking lot, outside of the buffer zones, serviced by the same roadway. Stormwater treatment for the parking lot is as proposed with the access road which is a porous pavement as described in the Stormwater Management Report. College President Richard Wylie states that a parking structure would cost as much as $12 million and could create an unsafe environment on a college campus. Students will use the parking lot with 138 spaces and shuttle service will bring students to the school buildings. This parking lot would likely not be used much at night, and the College has agreed with the City that it would not increase its student population significantly to maintain small college environment. Monaco notes that some of the campus parking currently being used is going to new residence hall and temporary parking on campus has to be replaced with a permanent solution. No discussion has occurred about a future use for the parking lot site nor is a building structure expected at the site. The roadway will remain at 22' feet wide to be adequate for fire apparatus. Several lights are being proposed for along the roadway with four located in the buffer zone, none in the No Disturb Zone, and utilities in the shoulder of roadway. Dark sky lighting is discussed at length. Conservation Commission April 12, 2016 Meeting Minutes Page 8 of 9 Wear provides a review on how the pervious pavement system has crushed stone, sand and gravel that treats runoff petroleum products. Discussion addressed how a physical plant had been discussed previously by the College for facilities maintenance, residence hall or academic building at the top of the roadway. Maxner read the rationale for the Commission's denial under the Beverly Ordinance for this project (i.e., lack of understanding on if another location was possible on campus, hydrology, if blasting will be needed, if mitigation will improve natural capacity of resources). Orzel speaks to the mitigation plan including assessment of trees in No Disturb Zone that will not be affected and 1 to 1 replacement will occur for trees to be lost. Other plantings will occur by and in the vernal pool to provide attachment site to increase survival of egg masses. Clean up of trash will occur at the site especially in the buffer zone and wetlands. A couple patches of Japanese knotweed will be removed. Discussion ensues about whether or not the road would be shutdown at night when there could be a lot of salamander migration and that this could be a learning experience for students. Dr. Wylie states that the City has specified that the College needs more parking by September. He describes an alternative to not allow sophomores to have cars on campus but the projected revenue loss is $8.5 million since these students will not go to colleges where they cannot have cars. He adds that this is the best location identified on the campus for a safe parking lot. The shuttle would run from 8 a.m. until 11 p.m. Orzel notes the College now has a fully designed development and access road. Wear states that he does not believe there would be a need for blasting for the project, as ledge is weathered. Grandoni asks why the college need sewer for this roadway if not buildings are proposed. Monaco notes that this has always been part of the plan and installed in case of future development. Discussion ensues as to the unnecessary impact of sewer line installation and the Commission members agree that this sewer should be removed from the plan. Discussion ensues on how the parking lot project could take three and a half months and if the Commission could agree to the project before reviewing a final set of plans at its May 3 meeting the College could get going to complete its parking lot by September. The project will need a stormwater permit from the City Engineer who did a peer review for the roadway in the buffer zone. Bertoni notes the need for the College to make a good faith effort to get outstanding Orders of Condition for multiple projects closed with Certificates of Compliance. Donnelly moves to continue the hearing until May 3, 2016 to allow the College time to revise the plan. Seconded by Squibb. The motion carries 6 -0. New: Planning Board Request for Comments - 102 Cherry Hill Drive, Map 65 Lot 13, Site Plan Review — Connelly Brothers, Inc. Maxner explains that this property was subject to a current Order of Conditions issued by the Commission in spring of 2011 allowing the fill of a Phragmites wetland located in the middle of the site. Replication was required and donation of the parcel immediately to the northeast to the Conservation Commission April 12, 2016 Meeting Minutes Page 9 of 9 Commission was part of the approval. Maxner witnessed the replicated wetland, however this Order has not been closed out with a Certificate of Compliance. The Planning Board is seeking input relative to the Commission's respective jurisdiction for a new 80,000 square foot industrial/office building. Members review the plan and discuss the previous Order. After some discussion, the Commission agreed to provide a comment letter with the following caveat: The Commission expects that the outstanding Order of Conditions be closed out with a Certificate of Compliance so that compliance with the approved plan and conditions of the Order, as well as the viability of the replicated wetland can be verified. To that end, the Commission voted that it would allow sign -off of the building permit but will withhold approval of a Certificate of Occupancy until a Certificate of Compliance has been issued. Other... Discussion or Action Items Related to Commission Business Minor Project Permit — Test Pits at 50 Dunham Road Maxner notes that Mike Aveni with the Cummings Center is inquiring about a minor project permit for test pits at the Dunham Road site. He provided a map of proposed location for test pits for drainage understanding relative to future development at west hill area of the site which could possibly serve for subsurface system. The closest pit would be 85 feet from A- series wetland. The same day that work is done on test pits, soil will be backfilled, area seeded and covered with hay. Donnelly moves to approve the test pits under a minor project permit provided the erosion control is installed and the backfilled area is seeded and protected with hay. Seconded by Buchsbaum. The motion carries 6 -0. Adjournment Paluzzi moves to adjourn at 12:00 a.m. Seconded by Squibb. The motion carries 6 -0. The next regular meeting of the Conservation Commission is Wednesday, May 3, 2016 at Beverly City Hall, 3 d Floor Council Chambers, 191 Cabot Street.