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06-14-16 BCC MinCITY OF BEVERLY PUBLIC MEETING MINUTES BOARD: SUBCOMMITTEE: DATE: BOARD MEMBERS PRESENT: BOARD MEMBERS ABSENT STAFF MEMBERS PRESENT OTHERS PRESENT: RECORDER: Conservation Commission June 14, 2016 Chair Christine Bertoni, Vice Chair Robert Buchsbaum, Richard Grandoni, Bill Squibb John Donnelly and Tony Paluzzi 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 Chamber, 191 Cabot Street, Beverly, MA. CERTIFICATES OF COMPLIANCE Cont: 400 Hale Street, DEP File #5 -1072 — Endicott College c/o Dennis Monaco Maxner reports the Commission received a request for continuance. Buchsbaum moves to continue to the July 12, 2016 meeting. Seconded by Squibb. The motion carries 4 -0. Cont: 400 Hale Street, Beverly Wetlands Ordinance Approval File # 01 -2013 — Endicott College c/o Dennis Monaco Maxner reports the Commission received a request for continuance. Buchsbaum moves to continue to the July 12, 2016 meeting. Seconded by Squibb. The motion carries 4 -0. New: 1 Brookwood Road, DEP File #5 -1115 — Brookwood School c/o Richard Chute Maxner notes that the Order, issued in February of 2014, governed the installation of a dry hydrant into an existing pond for purposes of backup fire protection and installation of protective bollards adjacent to the pond at above -grade pumper nozzle. The work was done in summer 2014. The Commission has an as -built plan and certification letter. Maxner notes the bank is stable as she observed at a recent site inspection. The straw waddle has grown into the ground and nylon net needs to be cut away. Buchsbaum moves to issue the Certificate of Compliance with caveat that nylon on straw waddle will be removed. Seconded by Squibb. The motion carries 4 -0. REQUEST FOR DETERMINATIONS OF APPLICABILITY Conservation Commission June 14, 2016 Meeting Minutes Page 2 of 10 New: 15 Hathawav Avenue —Ara Beurekiian Maxner reads legal notice. The project architect representing the applicant, Brigit Fortin, describes proposal to construct a one -story addition, deck over existing rear 3 season porch, extend deck and widen asphalt driveway. Work to take place within 100 -foot buffer zone, with the proposed deck addition to be 55 feet +/- from edge of wetland. Maxner reports she made a conservative approximation on the wetland line in the field. Fortin notes there is a shed located within the wetland and 25' NDZ, and an existing deck at the west side of the house, and both will be removed. She notes that vegetation where the shed is located will be re- established with wetland seed mix. In response to Bertoni, Fortin explains that there will be a reduction in impervious surface due to driveway removal. In response to Buchsbaum, Fortin states plantings will be installed where the deck will be removed. Construction access will be from the existing driveway. Maxner notes that it was described that construction activity closest to the wetland will be to manually dig footings for the deck, Fortin confirms. There being no further questions or comments, Buchsbaum moves to issue a Negative #3 Determination with the condition that removal of the shed from within the wetland is a required condition of this approval. If shed is to be retained it shall be located outside the 25' No Disturb Zone. Seconded by Squibb. The motion carries 4 -0. New: 23 V2 New Balch Street — Amanda Petrillo Maxner reads legal notice. Amanda Petrillo is present and explains she is proposing to install a 233' long, 4' high chain link fence along the perimeter of the yard (to contain their 45 pound dog) which will fall behind trees and be along the intermittent stream. There will be one gate in the fence. The applicant is concerned that the four to six inch gap at the bottom for wildlife migration would allow the dog to escape. A bottom rail could be installed to keep the dog from getting out through the gap. Mowing will not occur behind the trees and fence. The fence posts will be hand dug with a hand held auger, spoils removed and posts installed with concrete. Grandoni moves to issue a Negative #3 Determination with the following conditions 1. The bottom of the fence shall have at least 4 inches of space between the bottom member of the fence and the ground surface to allow for small wildlife movement. 2. Heavy equimpment is prohibited from operating in in the buffer zone - hand held auguers to dig post holes is allowed. 3. All soils excavated from post holes shall be taken off site and disposed of properly. as discussed. Seconded by Squibb. The motion carries 4 -0. Recess for Public Hearings Squibb moves to recess for public hearings. Seconded by Grandoni. The motion carries 4 -0. NOTICES OF INTENT /ABBREVIATED NOTICES OF INTENT/REQUESTS FOR AMENDED ORDERS OF CONDITIONS Cont: 14 Bayview Avenue — Kevin & Margaret Puopolo Conservation Commission June 14, 2016 Meeting Minutes Page 3 of 10 Bob Griffin representing the applicant describes changes in the planting scheme including replacement of hydrangea with mountain laurel, day lilies to asters, and black eyed Susan to switch grass. Seven red cedars were added to the replanting plan. Also, Griffin expresses his opinion that the placement of rip rap (with gravel behind it) is not going to change the wave dynamics in the area since it is higher than mean high water. In addition, he explains there is no practical solution to move existing structures. He notes that the scalloped bank has been eroding over a number of years and there is a well - developed subsoil layer. He verifies that there was a carriage house and a garage at the site since 1947 on a parent lot with a large mansion so there was a structure prior to 1978. Some of linden trees, sugar maple, spruce trees will be preserved. The Commission reviews the plan changes, with Grandoni inquiring as to the red pines. Griffin notes that these trees are impacted by and are infected with insects so they will be removed, which addresses CZM comment as well. There being no further questions from the Commission and none from the audience Buchsbaum moved to close the hearing. Seconded by Bertoni. The motion carries 4 -0. New: 181 Elliott Street — Beverly Commerce Park, LLP Maxner reads legal notice. Steve Drohosky representing the applicant explains the proposal to construct a handicap accessible, 6 -foot wide pedestrian walkway along the edge of the Shoe Pond. He notes this pathway is a requirement of a Chapter 91 License governing the construction of the condominium units at the corner of McKay and Elliott Streets. Portions of the walkway are within the 25' NDZ. There is a slight bit of cut needed to install the path to meander amongst trees. When the path is placed some parking spaces will be pushed toward the building with the loss of a few spaces. The area around the current walkway is manicured grass and intent is to keep it that way along with planting of some flowers. A guardrail will remain in weir area Discussion addresses possibility of mitigation plan rather than lawn. A center line will be flagged before a site visit. Bertoni asks if there are any questions from the audience. There are none. The Commission schedules a site walk for Wednesday, May 29 at 5:00 p.m. Buchsbaum moved to continue the hearing until July 12, 2016. Seconded by Squibb. The motion carries 4 -0. New: 4 Meeting Place Circle, DEP File #5 -1186 — Lisa Marciano Maxner reads legal notice. Mike Novak of Meridian Associates and Lisa Marciano owner, representing the application are present. Novak provides a review of the project to construct in- ground pool, patio (concrete with perimeter stone infiltration trenches), open and covered deck, shed and gravel parking area with stone infiltration trench within the 100 -foot buffer zone. Drainage calculations have been provided. Work to take place 55 +/- feet from the edge of wetland at its closest point. A decorated landscape wall and fence will be installed along the back area. He notes that a soil test was done with 6.5' of sandy soil identified and no water table issues Conservation Commission June 14, 2016 Meeting Minutes Page 4 of 10 relative to drainage. Novak goes on to explain there will be a pathway connection from bituminous concrete driveway to patio. Bertoni asks if porous pavers could be used for pool patio instead of concrete. Marciano notes that this plan is still in the works and she can look at this option against other costs. Maxner asks about pool water discharge, with Novak noting that this will be a sand filter system with no chlorine used and backwash not necessary. Five trees to the north are slated to be removed with one and a half in the buffer zone. The Commission members agree that plan changes need to be reviewed before any work starts on the property. Potential conditions on the project are discussed. There being no further questions from the Commission and none from the audience, Buchsbaum moves to close the hearing. Seconded by Squibb. The motion carries 4 -0. New: 95 Sam Fonzo Drive, DEP File #5 -949 — C. Ronald Vitale: Notice of Intent filed under Beverly Wetlands Protection Ordinance Chapter 287 Reauest for Extension to Order of Conditions under MGL Chanter 131 Section 40 Maxner reads legal notice. Peter Ogren, Hayes Engineering, representing the applicant describes how the NOI is the same as the one filed in 2007 for the construction of a 15,000 industrial building with associated parking, utilities, stormwater management structures, landscaping and grading within Buffer Zone to Bordering Vegetated Wetlands. Permit approval has been received from the Zoning Board of Appeals and Planning Board. Some work has occurred on the site including some fill brought in with no more anticipated. Economic times have changed and there is market interest in constructing the building. The wetland line is still delineated with areas needing reinforcement including with the erosion control. A 21E assessment ( Maxner has the document) has been done associated with any (600 cubic yards) fly ash that will be covered over on the property and removed from the detention basin area. Nothing has changed in the plans relative to the refiling. In response to abutter, Mr. Vitale notes that he would allow the public on a site walk but suggested a waiver be signed due to liability. The property can be viewed well from the public sidewalk. Peter Smith, 22 Trask Street, speaks to how the property can be viewed using the right of way between 22 and 28 Trask Street. He notes that there is grading of fill that has occurred in the last year and the fill has eroded into the public right of way. Mr. Smith asks about what screening planting would be installed between the commercial property and residential neighborhood. A planting plan includes buffer plantings in two locations. Also, how the lighting would be handled in parking areas. Maxner clarifies that the plantings along the western berm along the detention pond calls for eastern white pines out of the buffer zone as part of Planning Board site plan review decision. The plantings that were supposed to go behind the wall on the wetland side were modified in the Order by the Commission to say that the footing of the retaining wall needs to be installed. Once complete, Maxner and a Commissioner would visit the site with Mr. Vitale to understand what tree species can be saved and to understand where planting makes sense. Eroding areas outside of the buffer zone would be reviewed with the City Engineer. Mr. Vitale describes how there was Conservation Commission June 14, 2016 Meeting Minutes Page 5 of 10 a meeting with the Planning Director on site and natural vegetation was discussed and will remain rather than taking trees down to plant new trees. He notes that decisions associated with screening will be done in conjunction with the neighbors. Bob Shaw, 42 Trask Street, describes how there is silt coming into brook near his house. Tommy Basile, 38 Trask Street, expresses concern about proposed detention pond for drainage and states that there has not been a problem with drainage in the area and suggests the pond could be eliminated and trees saved. Maxner explains the detention pond is part of stormwater drainage plan in response to impervious surface being added as a necessary component of the project. Maxner states that there are subsurface infiltration systems to treat stormwater drainage but this relies on engineering aspects. Mr. Vitale notes that he has worked on the site and removed fly ash where construction would occur so that excavation has already been done. He believes that he put enough fill over the fly ash so it will not erode out. There being no further questions or comments from the Commission or the audience, the Commission schedules a site walk at 5:45 p.m. on Wednesday, June 29. Buchsbaum moves to continue the hearing until July 12, 2016. Seconded by Bertoni. The motion carries 4 -0. Bertoni moves to continue the extension hearing until July 12, 2016. Seconded by Buchsbaum. The motion carries 4 -0. New: 12R Greene Street, Greens Hill Area — City of Beverly Planning Department c/o Aaron Clausen & Charles Mann Maxner reads the legal notice. Charles Mann, OSRC Chair, representing the Planning Department speaks to the City's proposal to perform trail restoration activities and construction of a boardwalk over a section of BVW (Phragmites marsh) at Greens Hill open space area. He notes the trail has historically been on the west side of the upper Bass River which will complete loop trail that can be seen in old aerial photos. Mann describes how 14.5 acres (Greens Hill) was purchased by the City in 2001 for open space and recreation and for access to the Ayers School in Ryal Side. In 2002 the Open Space & Recreation Plan and Harbor Management Plan included a trail in that area. The proposal is to restore 1,400 linear feet of pathway (most is existing). The three component parts: the historic path which would require minor cutting of brush and grading in riverfront area, wetland consultant has recommended bridging over wash out area of culvert outlet to prevent further erosion, and build 115 linear foot elevated boardwalk to get across the wetland in 25' No Disturb Zone. Mann mentions that restoring the trail will require minor cutting. Bertoni asks the width of the trail noting past clearcutting done by DPW. Mann notes that the trail is mostly single track. Also, on Green Street a driveway has encroached on the property and a split rail fence will be installed and asphalt removed where the property is 15' wide to indicate woodland path. Mann notes the second area is a street drainage culvert outlet wash out where a bridge will be built over it with stones on the sides to reduce erosion. Conservation Commission June 14, 2016 Meeting Minutes Page 6 of 10 Buchsbaum asks for details on the board walk construction. Mann explains that per the DEP requirements in salt marsh, the boardwalk will be four feet above the salt marsh at the lowest horizontal supports, which will require a ramp and guard rails. The current abutter has the right to use the property as they have in the past and there is a railway there, so the boardwalk will be ramped down to grade. Safety requirements will be met for the slopes and the widths. He notes the boardwalk is not required to be ADA accessible. Mann continues to explain there will be 3/4 inch spacing between boards on four foot wide board walk. This is a CPA funded project, and letters of support have been received from City departments and Ayers School Principal. The material to be used for the bridge and boardwalk will consist of pressure treated lumber intended for salt immersion. Mann estimates it could last for 30 years. Bertoni asks if there are any questions from the audience. Wayne ?William? Murphy, 36 Woodland Avenue, asks if a copy of the application is available. Mann will deliver paper copies to all interested parties. Maxner recorded resident addresses to email electronic version of application. Mann describes how a clean -up day was done in trail area where more than 1,000 pounds of litter and debris was removed. The Ayers School has a clean -up day planned for the fall for the adopted trail. One former resident describes how she used the area as a child. Resident of 28 Woodland Avenue, notes that there is a serious problem with trespassing in the area. In response to Laurette Folk of 2 Woodland Avenue who spoke in favor of the trail, Mann explained that the wetland area was not accessible until boardwalk is in place. The intent is to have the trail ready for fall through volunteer work. Folk notes Scout troops were involved in clean -up at the site and how the board walk project could be an Eagle Scout project. Emily Cademartori, 4 Jenness Street, describes how her parents, the Faulstich's, are direct abutters and have some concerns. She mentions that the plan was lacking in details as all resource areas were not shown including limit of riverfront area and flood plain. The plan has not been stamped and the boardwalk design looks to be a generic spec sheet. She suggests that a safer area should be identified for the boardwalk that keeps the public further from abutter property, and notes that the drainage discharge area has an erosion problem. Discussion addresses two City drainage easements across the property and decision for path location. The wetland delineation ends at the public property line. Bertoni asks Cademartori to submit her comments in writing. Rachael Abell, resident of Echo Avenue, is an abutter in favor of the trail. Keri Archibald, resident of 20 Woodland Avenue, notes that her family is in favor of the trail and acknowledged improvement of neighborhood. Jen Forte of 8 Woodland expresses her support for the trail and looks forward to being able to walk that area. The Commission scheduled a site visit on Wednesday, June 29 at 6:45 p.m. Bertoni moves to continue the hearing to the July 12, 2016 meeting. Seconded by Squibb. The motion carries 4 -0. The Commission took a five minute break at 9:50 p.m. and reconvened the regular meeting at 9:55 p.m. Conservation Commission June 14, 2016 Meeting Minutes Page 7 of 10 Old/New Business New: 11 Whitehall Circle, IVW Local Permit — Reauest for Extension Maxner notes, the Order, issued in August of 2008 was subject to the State Permit Extension Act which extended the Order to 2015, and in August of 2015 the Commission granted an extension to August 2016. The developer is finalizing the house plans and is looking for another year to complete the project. Bob Griffin representing the applicant notes that construction should begin in a couple of months. Buchsbaum moves to extend the IVW Local Permit for one last year. Seconded by Squibb. The motion carries 4 -0. New: Endicott College — Extended Pond Management Treatment Request Under Expired Order of Conditions, DEP File #5 -1085 Joe Orzel representing the applicant notes that the Commission issued an OOC, #5 -1085 allowing chemical treatments to the Campus ponds, but this Order has since expired. He describes how NEE Environmental did a watershed study, finding the major issue being sediment recycling and disrupted and releasing nutrients feeding the micro and brown algae blooms. The water depth is 4 to 5 feet and 4 to 6 feet of sediment (accumulation of organic material and runoff). The report of NEE Environmental has suggestions for treating the source of the sediment. Orzel notes the College is asking to do another treatment to the ponds while a new NOI is being prepared. Discussion ensues as to the expired Order. Members agree that further treatment cannot be allowed under an expired Order and that the College needs to reapply for approval. Orzel thanks the Commission for its time and will inform the College of the Commission's decision. New: 16 Cole Street, DEP File #5 -1005 — Request for Extension to Order of Conditions — Anthony Lauring Maxner explains the Order, issued in July of 2009 governs construction of portion of a new driveway, installation of mini -catch basin and dry well within 100 -Foot Buffer Zone to Bordering Vegetated Wetland to service a new single family house to be constructed outside 100 - Foot Buffer Zone. The Order was subject to the State Permit Extension Act which extended the Order to July 2016. This is the first extension under the Ordinance being requested for a year for the project that is behind schedule. Buchsbaum moves to issue the extension for one year. Seconded by Grandoni. The motion carries 4 -0. New: Planning Board Request for Comments — 62 Dunham Road Site Plan Review Application — Iron Tree Service, LLC Conservation Commission June 14, 2016 Meeting Minutes Page 8 of 10 Maxner notes this property was subject to enforcement action for violations and disagreement as to the limit of the wetland delineation, starting in May of 1996 with the Commission and eventual settlement in October 1999. She notes that the wetland delineation is old, and may need to be revisited formally since the limit of work is at the very edge of the 100' buffer zone with grading. The Commission reivews the proposed plan. Bertoni notes that perhaps the delineation should be reviewed under a new ANRAD. Members agree. The Commission members agree to not authorize building permit sign off until an new ANRAD has been approved. Orders of Conditions 14 Bayview Avenue, DEP #5 -1183 — Puopolo Discussion ensues about Standard Conditions and Special Conditions for the project. Buchsbaum moves to issue the Order under both the Act and the Ordinance with the Standard Conditions and the following Special Conditions under the Ordinance as discussed: 1. The 14" Linden tree located north of the staircase at the base of the coastal bank shall be saved as noted on the approved plan. 2. All trees slated for removal shall be flush cut at grade and the stumps and roots shall not be disturbed. 3. The addition of organic fertilizer only is allowed with the soil amendments for newly planted specimens. 4. To ensure initial plant health and vigor, the project landscape architect or other qualified professional shall supervise evaluation and selection of plant specimens to be installed on the coastal bank. Written confirmation of compliance with this condition shall be provided to the Commission by said professional. 5. The proposed herbaceous and shrub plantings shall exhibit at least 75% overall survivorship after 3 growing seasons post installation. All of the proposed trees shall exhibit good health and vigor after 3 growing seasons post installation. Written confirmation of compliance with this condition shall be submitted to the Commission prior to the issuance of a Certificate of Compliance. Seconded by Squibb. The motion carries 4 -0. 4 Meeting Place Circle, DEP File #5 -1186 — Lisa Marciano Discussion ensues about Standard Conditions and Special Conditions for the project. Grandoni moves to issue the Order under both the Act and the Ordinance with the Standard Conditions and the following Special Conditions under the Ordinance as discussed: 1. NO WORK may commence on site (including tree removal) until a final plan is submitted to the Conservation Commission showing a pool and patio configuration which will actually be built. The Commission will determine whether an Amended Order or Minor Modification is required depending on the changes made from the original plan and whether additional conditions are necessary to protect the wetland resource area. 2. If the proposed sand filter system is not used, the applicant shall provide system specifications to the Conservation Commission. The Commission will determine whether Conservation Commission June 14, 2016 Meeting Minutes Page 9 of 10 an Amended Order or Minor Modification is required depending on the changes made from the original plan and whether additional conditions are necessary to protect the wetland resource area. 3. The applicant is strongly encouraged to consider incorporating pervious pavers into the patio design. 4. Pool water drawdown for winter closure shall be directed toward the front yard of the property to maximize infiltration. Pool draw down shall not be directed toward the wetland. This condition shall survive on -going beyond the issuance of a Certificate of Compliance. Seconded by Squibb. The motion carries 4 -0. Maxner notes she will be on vacation next week so calls coming into the Commission may go to the Chair. Minor Project Permit — 17 Riverview Street — Garden Bed The Commission received an email from Libby Jones from 17 Riverview Street about the raised garden bed and spot is 50' from bank so she is seeking a minor project permit. The Commission reviews the proposed plan and application. Members are comfortable authorizing Maxner to issue a Minor Project permit from the raised garden bed as presented. 19 Riverview Street Maxner explains she received a report from a direct neighbor to 19 Riverview Street that the float was being rebuilt. She looked through the Commission files and found nothing for 19 Riverview. She visited the site and told the contractor to stop work. The resident said she had a l0A permit with the Harbormaster. Maxner informed the owner that a NOI will need to be filed. She will report on any follow up at the next meeting. End of Marsh Avenue — Reported Wetland Violations Maxner explains that she responded to resident's complaint that one of two neighbors at the end of Marsh Avenue were dumping and filling in the river. She conducted a site inspection, examined past GIS aerial overhead photos and she did not see any violations at the end of Marsh Avenue that looked obvious or evidenced by GIS mapping. She encourages the Commission to visit the site and confirm her findings. Minutes Approval Buchsbaum moves to approve the January 5, 2016 minutes as amended. Seconded by Grandoni. The motion carries 4 -0. Buchsbaum moves to approve the March 23, 2016 minutes as amended. Seconded by Squibb. The motion carries 4 -0. End Nelson Avenue, OOC DEP #5 -1150 — House footprint change Conservation Commission June 14, 2016 Meeting Minutes Page 10 of 10 Maxner notes that a revision was submitted for the plan with a smaller footprint for the house. She provides the Commission plans to review. Members agree that this a minimal change that can be documented at the time of as -built and Certificate of Compliance. Adjournment Bertoni moves to adjourn at 11:00 p.m. Seconded by Squibb. The motion carries 6 -0. The next regular meeting of the Conservation Commission is Tuesday, July 12, 2016 at Beverly City Hall, 3 d Floor Council Chambers, 191 Cabot Street.