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05-25-16 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 25, 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 Council Chamber, 191 Cabot Street, Beverly, MA. CERTIFICATES OF COMPLIANCE New: 400 Hale Street, DEP File #5 -1072 - EndicottCollege c/o Dennis Monaco John Ings, Meridian Associates, representing the applicant. The Order, issued in December of 2011, governed the demolition of the existing "West Classroom Building" and reconstruct a new Life Sciences academic building, new parking area and pedestrian walkway improvements and installation of stormwater management facilities. The Order was later modified to allow for substitution of the proposed surface detention basin with a subsurface detention basin consisting of HDPE pipe matrix. Clean runoff is in this system. Maxner reports that the project is constructed as proposed and rain garden looks very good. After discussion on site, she recommended that the catch basins should be cleaned and per Special Condition #2: O & M reports should be provided yearly as part of ongoing conditions, and should be provided by the College. Also, that the 100 foot buffer to the north should be identified on a modified as -built plan. In addition, the parking lot outside of the buffer zone did not get constructed and should be noted. Buchsbaum made a motion to continue until June 14, 2016. Seconded by Squibb. The motion carries 6 -0. New: 400 Hale Street, Beverly Wetlands Ordinance Approval File # 01 -2013 - - Endicott College c/o Dennis Monaco John Ings, Meridian Associates, notes the Order, issued in May 2013, governed the rehabilitation and expansion of the existing Callahan Center, including expansion of the building footprint, Conservation Commission May 25, 2016 Meeting Minutes Page 2 of 8 reorientation of existing parking lot and walkways, addition of new loading dock and delivery truck turn - around, grading, utility adjustments, and installation of stormwater BMP's. The Commission engaged a 3 d party peer review engineering firm to review the stormwater management proposal, and the peer review made several suggestions to improve the project's compliance with the stormwater standards. Maxner notes that Charlie Wear, design engineer, was on site for all BMP's at "bottom of bed" inspections. Wear provides plan illustrating roof runoff connections. Maxner reports on site inspection and what was proposed for expansion of service lane and on as -built plan there is riprap on either side of wetland A which has parallel parking that was not contemplated. No grading occurred. On the as -built plan are three storage units that were not anticipated on the approved plan and the Commission should be notified what is being stored in them. Also noted but unknown was why changes were made regarding ledge and proposed pedestrian railing at a gravel walkway. Also mentioned was a metal fence that was added for safety issues. Maxner reports on her observations that closer to wetland flags A5 and A6 there were three, 3' by 6' slate flagstone pieces between silt fence and wetland that are compacting vegetation and which should be removed. The rain garden in this area is doing well. She addresses the issue of the crushed stone on the wetland side of the access drive which is a point of non - compliance as this was not depicted on the approved plan. The crushed stone should be removed and area loamed and seeded with native mix. Wear mentions that the crushed stone may be beneficial. Wear will work with Dennis Monaco to get information to the Commission as to why crushed stone was added, as well as what is being stored in the storage units. Catch basin clean -up and BMPs also have to be addressed. Paluzzi moves to continue this item until June 14, 2016. Seconded by Squibb. The motion carries 6 -0. REQUEST FOR DETERMINATIONS OF APPLICABILITY New: 15 Access Road — construct 16' x 14' deck — Jose Mudufort Maxner reads legal notice. Jose Mudafort, owner and applicant explains the open air deck is to be located at the east side of house (rear), to be supported by three 18" concrete filled sono tubes. Maxner notes that based on her site visit, the southeast corner of the deck will be just over 25 feet from the edge of wetland (BVW) at its closest point. Mudafort explains there will be a staircase on one side of the deck. Handwork will be employed to build the deck. Maxner visited the site with the contractor and did the measurements on the site. The DEP was the permitting authority for the subdivision and associated house and DEP has not yet issued a CofC. The Commission recommended the home owner track down a Certificate of Compliance from DEP and Mr. Mudufort offered to research his paperwork from the closing on his house. Donnelly moves to issue a Negative #3 Determination with the condition any stairs be built off the north side (Rt. 128 side) of deck. Seconded by Paluzzi. The motion carries 6 -0. Conservation Commission May 25, 2016 Meeting Minutes Page 3 of 8 Recess for Public Hearings Paluzzi moves to recess for public hearings. Seconded by Squibb. The motion carries 6 -0. NOTICES OF INTENT Cont: 480 -482 Rantoul Street — Windover Development c/o Chris Koeplin Joe Orzel representing the applicant reviews the project, noting that the Commission held a site inspection and states that the plan has been revised based on comments from City Engineer Greg St. Louis. John Ings, project engineer with Meridian, provides a synopsis of changes to the plan including the provision of subsurface infiltration system with manifolds to view interior chambers. Most of the changes were associated with stormwater related to drainage on the site. Bertoni asks about snow storage, with Ings responding there is a fair amount of space off of the parking lot which could be used for snow storage outside of the buffer zone. Additional snow will be trucked offsite. Orzel notes that the mitigation planting plan includes invasive removal in the No Disturb Zone where there is purple loosestrife and Phragmites which will be hand removed and monitored. Vegetation such as birch, white pine and sumac are proposed to be planted with a schedule and size in planting plan, and grading is proposed in the No Disturb Zone Bertoni asks if there are any questions from the public. Abutter Nancy Scialdoni asks about drainage in the area, the project engineer explains that to the north runoff goes to an existing catch basin. Wear notes the proposal is to have roof runoff come to the front over the wetland and continue down slope as it does today. The rest of the roof runoff will be contained in an underground infiltration system. Maxner states that in terms of the drainage it is enough to maintain the wetland's water budget and it would not worsen existing conditions, and perhaps improve upon the situation. Wear explains that overall the drainage design reduces the volume of runoff coming from the site. Scialdoni expresses her concern that a new buffer zone is created on her property and prohibits the use of the property. Maxner stated that if the abutter came to the Commission with a project for her property she doubted that the buffer zone would inhibit the project. A waiver of the No Disturb Zone is something the Commission will consider based on past permitting for the same wetland and includes mitigation. Cindy Modugno, who represents the other abutting business in the complex, supports the project since it will help the drainage as long as the site is mitigated. Buchsbaum moves to close the hearing. Seconded by Paluzzi. The motion carries 6 -0. Cont: 14 Bayview Avenue — remove trees, replant and install stone rip rap coastal bank stabilization — Kevin & Margaret Puopolo Conservation Commission May 25, 2016 Meeting Minutes Page 4 of 8 Bob Griffin representing the applicant describes proposal for tree removal and replanting on coastal bank of 160 shrubs. He notes the Commission held a recent site inspection, with Iron Tree Service representative who identified ailing and damaged trees. Griffin explains the plan was revised to save a linden tree and a (clump river birch) tree will be added on the upper portion of the site and shad bush has been added to the planting plan. Also, pressure injected grout will be added to the riprap detail. Griffin also tested soil conditions three feet down and provides review of findings. Donnelly opined that the removal of trees would impact coastal bank stabilization. Griffin responded that the trees are falling down into the pool and fence and pine trees are at the end of useful life and there is insect damage, noting that the tree service company has been coming out for five years maintaining fallen trees. Griffin notes that all trees removed will have flush cut stumps with no roots removed, but trees that are not invasive or sick will be preserved. Discussion ensues about when trees farther down the bank fall into the ocean then there will be bank erosion. The planting plan is designed to provide wildlife habitat at different times of the year (i.e., berries). In response to Donnelly, Griffin thought some trees could be added to the planting plan relative to existing habitat. Discussion addresses if a coastal geologist could provide an unbiased opinion (i.e., whether or not let nature take its course to maintain coastal bank). Maxner suggests that Coastal Zone Management could be asked to review the plan and provide an opinion. Griffin stated that it is reasonable for the applicant to request maintenance of coastal bank for safety purposes. He noted that maintenance could be done to cut back Norway maples if they take over again from flush cut stumps. Bertoni addresses how this is no longer a forested area so the removal and replanting plan could be reasonable. Bertoni asks if there are any questions from the audience. Anna Green, 4 Lawnbank Road, suggests the Commission's ruling should preserve the essential character of coastal bank which 10 years ago had a lot more trees and was very stable. She opined that the proposal to cut down so many trees was a disproportionate response to a few trees falling down. Griffin notes that species are being selected to stabilize the bank. He mentions that trees add a lot of weight that would result in a lot of soil being uplifted and exposed to erosion, noting that smaller shrubs and bushy trees are lighter and more effective in stabilization long term. Buchsbaum suggested that the Commission needs to assess if the planting plan is reasonable or should it ask for a few more trees. Bertoni recommended that the Commission review the planting plan to ensure the suggested plants (i.e., hydrangea, black eyed Susan and day lily) are native to the area and replace with native coastal bank species. Members agree the need to contact CZM for its opinion on this proposal and asks Maxner to contact CZM. Paluzzi moves to continue the hearing until June 14, 2016 pending communication with CZM. Seconded by Squibb. The motion carries 6 -0. New: 50 Dunham Road — repave entrance drive, reconfigure access drives and parking areas —Anderson Clarke, LLP, Cummings Properties Conservation Commission May 25, 2016 Meeting Minutes Page 5 of 8 Maxner reads legal notice. Mike Aveni architect for Cummings Properties for the applicant explains the proposal for three areas of work involving reconfiguration of access drives, parking areas and repaving of the main entrance drive. The proposal will add 3,500 square feet of impervious surface where there is ledge to be removed. A stormwater management report defines three recharge structures would be appropriate for treatment requirements. Work area also involves straightening the site driveway. Bertoni notes the intermittent stream was left out of the plan, and she would like this to be identified on a revised plan. Aveni agrees, noting that no work is proposed in the No Disturb Zone. Maxner notes the City Engineer is reviewing the NOI and stormwater information. Aveni notes there will be no earth disturbing activity or milling to repave the main access driveway and it will be about an inch or two taller when finished. There is granite and bituminous curbing. Some new trees will be added as part of the straightening out the road. He notes that a substantial amount of maple trees have been planted along the driveway that was recently permitted by the Commission under an RDA. Where asphalt is removed as part of straightening out road a New England conservation mix will be put down. There being no further questions or comments from the Commission and none from the public, Squibb moves to close the hearing. Seconded by Buchsbaum. The motion carries 6 -0. Reconvene Regular Meeting Paluzzi moves to reconvene the regular meeting. Seconded by Squibb. The motion carries 6 -0. Old/New Business Cont: Request to Utilize Conservation Commission Held Land (Map 65 Lot 4) for Staging, Stockpiling Related to 102 Cherry Hill Drive Development — Stephen J. Connolly IV Maxner reads an email from the applicant's attorney explaining that this request has been withdrawn. New: Beverly Waterfront Resiliency Project — City's application to CZM's Coastal Resiliency Program — Request for Support Letter Maxner explains the City is seeking a CZM grant aimed to be administered in two phases that will identify coastal vulnerabilities and resiliencies as part of developing a resiliency plan. There is a consultant firm helping the City with the grant application. Discussion ensues as to the project goals and the Commission members are pleased that the City is taking a pro- active step on this issue. Maxner will draft a support letter tailored to the Commission addressing coastal bank issues, etc. New: Planning Board Request for Comments — 480 -482 Rantoul Street Site Plan Review Application — Beverly Crossing 480, LLC Conservation Commission May 25, 2016 Meeting Minutes Page 6 of 8 Members agree to share the Order of Conditions for this project with the Planning Board as part of the Commission's comment letter. New: Review of Minor Project Permits Issued by Agent since last meeting Maxner notes that she issued a Minor Project Permit was issued for 640 Essex Street for a deck that is 75 feet from wetlands. Rimmer Environmental delineated the wetlands on site and provided an aerial of the flags and existing house and proposed deck. Maxner attached the special conditions requiring removal of yard waste and a section of discarded chain link fencing from the wetland area and cease and desist from any further dumping. Members review the project and conditions and approve of the permit. New: Expenditure Approvals — None. Correspondence from the City's Arborist Maxner explains that the resident at 1 Lanthorn Lane had an arborist look at trees that are within the beach right of way which is on City property but overhangs his property. The arborist has diagnosed trees and hazards and communicated with the City arborist about the City removing these trees on Beverly land. The City arborist wanted this proposal reviewed with the Commission since the trees are on the outskirts of the buffer zone. The Norway maple and sycamore trees are in the outer limits of the buffer zone to the coastal bank. Members discuss this request, with Grandoni and Donnelly noting their observations of the trees while at the site. Donnelly moves to allow pruning of the trees, but that they not be cut down. Seconded by Squibb. The motion carries 6 -0. 9 Ober Street — Charles Harris — Possible BVW on site Maxner states that there is no BVW wetland at this site as determined by the Commission and her follow up site inspection. The Commission members agree that the resident can remove invasive species and perform landscaping plantings without further review by the Commission. Cont: 550 Cabot Street — Eagle Scout Trail Project — William Cicci, II Troop 6, Eagle Scout Candidate Maxner notes the Commission received a revised proposal and it is clear the path is in the wetland. The Eagle Scout will just remove the trash and install a natural history educational sign as the work for his Eagle Scout project. Policy discussion about supplemental information before meeting date Squibb moves that supplemental information has to be supplied 7 days before a meeting date. Seconded by Paluzzi. The motion carries 6 -0. Approval of Minutes Conservation Commission May 25, 2016 Meeting Minutes Page 7 of 8 Paluzzi moves to approve the June 9, 2015 minutes as amended. Seconded by Buchsbaum. The motion carries 6 -0. Orders of Conditions Cont: 480 -482 Rantoul Street, Local IVW — Windover Development c/o Chris Koeplin Discussion ensues as to the project and the 25' NDZ waiver request. Based on the findings as just discussed, Buchsbaum moves to grant a waiver as requested. Seconded by Squibb. The motion carries 6 -0. Discussion ensues as to Standard Conditions and possible Special Conditions. Paluzzi moves to issue Order of Conditions under the Act and the Ordinance with Standard Conditions and the following Special Conditions as discussed: 1. Prior to work commencing, the 100% construction plans shall detail the following information and be submitted to the Commission: a. Slope stabilization methods for the proposed grading next to the IVW; b. Analysis of the proposed cut and fill volumes on site; c. Snow management areas for storage (outside the 100 -foot buffer zone). 2. Construction staging, stockpiling of materials and soils and equipment is prohibited within the 100 -foot buffer zone. 3. The proposed enhancement planting shrubs shall exhibit 75% survivorship and proposed enhancement planting trees shall exhibit 100% survivorship not less than 2 years /growing seasons post installation. 4. Yearly monitoring reports detailing invasive species removal and management efforts and enhancement planting conditions shall be submitted for not less than 3 years after such activities and plantings have commenced. 5. The applicant shall submit a request for Certificate of Compliance to close out the outstanding 2011 Order of Conditions, issued to Force Realty, LLC c/o Kelleher Construction for previously proposed construction on site (but never fully undertaken). 6. Not less than 3 No Disturb Markers shall be installed on the wetland side of the proposed guardrail and shall bear the following language: `Do Not Disturb, Protect Wetland Resource Area ". Said markers shall be kept in good repair and replaced as necessary and this obligation shall survive as an on -going condition beyond the issuance of a Certificate of Compliance. 7. All stormwater BMP O &M (maintenance and maintenance) inspection records shall be submitted to the City of Beverly Planning Department (1) one time, annually due by December 31 of the calendar year in which the maintenance /inspection was performed. These records shall include, but may not be limited to works performed on the bio detention basins, deep sump catch basins, and sweeping. An account of any deficiencies /repairs shall be summarized in a cover letter referring to the maintenance /inspection records that have been included. This obligation shall survive as an on -going condition beyond the issuance of a Certificate of Compliance. Seconded by Squibb. The motion carries 6 -0. New: 50 Dunham Road, DEP File #5 -1184 — repave entrance drive, reconfigure access drives and parking areas —Anderson Clarke, LLP, Cummings Properties Conservation Commission May 25, 2016 Meeting Minutes Page 8 of 8 Discussion ensues about Standard Conditions and Special Conditions. Buchsbaum moves to issue the Order of Conditions under the Act and the Ordinance with Standard Conditions and the following Special Conditions as discussed: 1. Prior to work commencing, a revised plan depicting the intermittent stream and associated 25 -Foot No Disturbance Zone that runs between Wetland Series D and Wetland Series C shall be submitted to the Commission for the file. 2. Per City Engineer's May 31, 2016 comments: a. Drainage system vertical offsets to groundwater and ledge shall be incompliance with the Stormwater Management Handbook and confirmed by the Design Engineer prior to installation. b. O &M shall be conducted per Manufacturers specifications and in accordance with development site LTPPP. c. Stormwater Management - All maintenance and inspection records shall be submitted to the City of Beverly Planning Department (1) one time, annually due by December 31 of the calendar year in which the maintenance /inspection was performed. These records shall include, but may not be limited to works performed on the bio detention basins, deep sump catch basins, and sweeping. An account of any deficiencies /repairs shall be summarized in a cover letter referring to the maintenance /inspection records that have been included. Seconded by Paluzzi. The motion carries 6 -0. Adjournment Donnelly 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 Tuesday, June 14, 2016 at Beverly City Hall, 3 d Floor Council Chambers, 191 Cabot Street.