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08-24-16 BCC MinCITY OF BEVERLY PUBLIC MEETING MINUTES BOARD: SUBCOMMITTEE: DATE: BOARD MEMBERS PRESENT: BOARD MEMBERS ABSENT STAFF MEMBERS PRESENT OTHERS PRESENT: RECORDER: Conservation Commission August 24, 2016 Chair Christine Bertoni, Vice Chair Robert Buchsbaum, Jenna Pirrotta, Tony Paluzzi Richard Grandoni Amy Maxner, Environmental Planner Greg St. Louis, City Engineer Jane Dooley Bertoni calls the meeting to order at 7:00 p.m. at Beverly Library, 32 Essex Street, Barnett Gallery, Beverly, MA. UEST FOR DETERMINATIONS OF APPLICABILITY New: 23 Virginia Avenue — construct deck addition and install fence — Robert & Elizabeth Taylor Maxner reads legal notice. Robert Taylor notes that there is an existing deck in the No Disturb Zone. He describes his intent to construct a deck addition, construct a roof for screened in porch over existing section of deck, and install a 6' fence along the edge of wetland within the 25' NDZ to contain the family dog. Taylor has completed a Waiver Request which was attached in the RDA. He is proposing 8 post holes, 4' deep using 12" sonotubes as a foundation for the deck (12 cubic yards of disturbed soil and a great deal will be returned to the site by the sonotubes and under the deck). He plans to use a small excavator to do the work. Bertoni asks if he experiences any ponding or wet conditions in the back yard. Taylor describes how the property had fill brought in when the subdivision was constructed and he does not find his back yard gets wet except slightly during the spring. Taylor notes that the downspouts on the property lead to a French drain around the perimeter of the property and he will try to find out if there is a gravel dry well discharge point. Bertoni asks if the fence can be moved outside the 25' NDZ. Taylor notes that his entire back yard consists of the 25' NDZ and questions how the fence will negatively impact the wetland. Discussion ensues as to waiver criteria for allowing structures in the NDZ. The Commission agrees a site inspection would be beneficial to better understand site conditions. The Commission scheduled a site visit for Wednesday, August 31 at 5:30 p.m. Paluzzi moves to continue this application to the September 13, 2016 meeting. Seconded by Buchsbaum. The motion carries 4 -0. Conservation Commission August 24, 2016 Meeting Minutes Page 2 of 10 RECESS FOR PUBLIC HEARINGS Paluzzi moves to recess for public hearings. Seconded by Buchsbaum. The motion carries 4 -0. NOTICES OF INTENT /ABBREVIATED NOTICES OF INTENT/REQUESTS FOR AMENDED ORDERS OF CONDITIONS Cont: 12R Greene Street, Greens Hill Area — restore trails and construct boardwalk — of Beverly Planning Department c/o Aaron Clausen & Charles Mann Charlie Mann, Open Space & Recreation Committee Chair, describes updated plan. The notes that negotiations with the abutter on a possible land swap work out, therefore the route of the proposed pathway remains as previously proposed. Mann notes there is no Chapter 91 jurisdiction as the boardwalk will be above mean high water. Bertoni asks as to the final treatment of the culvert washout area. Mann states that the original proposal to construct a bridge over it will remain as part of the project. Paluzzi asks what equipment will be used to install piles for boardwalk. Mann explains that a gas powered jack hammer will be used to drive posts for boardwalk. Some wood cutting will be done on site (drop cloth will be used to catch shavings) and the boardwalk is designed so stringers will not be touched at mean high water unless there is a spring tide. Bertoni asks if there are any questions from the audience. Maureen Faulstich, abutter at 28R Woodland Avenue, questions how equipment will be brought into the area. Mann describes how equipment access would be done from Greene Street in a pickup truck to about the culvert washout area and from there tools and materials will be carried in by volunteers. Aaron Clausen, City Planner, describes how the City Council has already authorized the CPC's recommendation to fund the project at $20,000. He notes that once the Order is granted by the Commission the project can move forward. There being no further questions or comments from the Commission or public, Buchsbaum moves to close the hearing. Seconded by Paluzzi. The motion carries 4 -0. Cont: 385 & 400 Hale Street, DEP File #5 -1191— Endicott College c/o Dennis Monaco Charles Wear of Meridian Associates, Joseph Orzel of Wetlands Preservation, Inc. and Dennis Monaco of Endicott are present to represent the applicant. Greg St. Louis, City Engineer is also present. Wear notes that the Commission held a recent site inspection and provides an overview of the project. He notes the plan revisions, which include a granite steps to the beach and slope of cobble rip rap to the pipe outfall to abate erosion. Maxner notes these changes will need new calculations for coastal bank impact. Wear will supply the new calcs. Bertoni ask St. Louis for his opinion as to the adequacy of this proposal and evaluation of alternatives. St. Louis states that he reviewed the analysis of the site, noting that 105 acres drains Conservation Commission August 24, 2016 Meeting Minutes Page 3 of 10 to this area and the Hale Street drainage gets overwhelmed and flooding occurs both on Endicott and in Hale Street. He ntoes that there is about 6" of ponding during the 100 -year event and the additonh of the drainage BMP's in the project will help abate this situation in addition to providing increased water quality treatment which is sized for all paved surfaces. He epxlinas that an alternatives analysis was done including adding infiltration at the Endicott parking lot but this did not address the issue due to the volume of water, and clay soil present which is not conducive to infiltration. In response to Maxner, Wear explains the proposed pipe discharges at the same location as DOT outfall. A diverter at the parking lot works during a 10 -year storm. Also, a water quality unit is part of the project. There being no further questions from the Commission and none from the audience, Paluzzi moves to close the hearing. Seconded by Pirrotta. The motion carries 4 -0. Cont: 19R Linden Avenue — construct new single family house and associated appurtenances — Michael McNiff, MPM Companies, LLC Bob Griffin representing the applicant requests a continuance to the September 13, 2016 meeting to address driveway issues with the neighbor. Paluzzi moves to continue the hearing until the September 13, 2016 meeting. Seconded by Buchsbaum. The motion carries 4 -0. New: 675E Hale Street — dredge pond, dewater and grade dredged material in wetland area of Phragmites removal, plan area as meadow — Christopher & Hillary Gabrieli Maxner reads legal notice. Laura Gibson, John Dick and Kyle Lally representing the applicant are present. Dick explains the applicant is proposing to dredge the pond on site and place the dredged material for dewatering and seeded as a wet meadow in an adjacent BVW area which is the location of a successful Phragmites removal effort, which is on- going, previously approved by the Commission. Gibson notes a BVW and buffer zone planting plan has been provided. Maxner notes DEP's comments are not posted yet. Dick notes that this pond has been dredged at least a couple of time throughout the years, although absent previous permits. Bertoni questions the need to import 2,000 tons of surge stone. Dicks responds there is about 2 to 4 inches of very fine sediment on the bottom of the pond as this is the end discharge point for the contributing watershed. He notes that since the sediment to be dredged is so fine and access within the pond for equipment is needed, the proposal to import surge stone will allow them to build access causeways and mix it into the sediment to give it structure for mechanical removal and facilitate its dewatering. Gibson adds the dewatered material will have testing (i.e., acidity) since organic material (i.e., woody vegetated material) will have to be added as part of planting a meadow. She notes that paths are proposed for this area which are a continuation of previously approved walking paths. Dick reviews the following wetland resources impacts: o Land Under Waterbodies (1,044 s.f.; 1,250 c.y.) Conservation Commission August 24, 2016 Meeting Minutes Page 4 of 10 • Bordering Vegetated Wetland (19,000 s.f.) • 200' RiverfrontArea (19,000 s.f) • Land Subject to Coastal Storm Flowage (19,000 s.f.) Buchsbaum asks the current conditions of the pond. Lally notes that it is brackish and to some extent anaerobic due to sedimentation. Buchsbaum asks for an inventory of species within the pond including invertebrates. Lally agrees to undertake minnow trapping and netting, noting that mumachugs are very prevalent. Maxner asks that the consultant provide a cross section of BVW that includes information on hydrology as well as fish/invertebrate sampling and provide a list to the Commission. Bertoni asks if there are any questions from the public. Joseph Alsop, 675C Hale Street, explains he is upstream of this project and the Gabrieli's allow access over their property to reach the beach. He expresses his support for the project and thinks that the proposed work would be an improvement to the pond and its capacity. There being no further questions at this time, the Commission scheduled a site visit for August 31, 2016 at a time TBD around low tide. Paluzzi moves to continue the hearing until September 13, 2016. Seconded by Buchsbaum. The motion carries 4 -0. New: 34 South Terrace — construct fixed pier, gangway, stairs and floating dock — Virginia Wallace Maxner reads the legal notice. Bob Griffin representing the applicant describes the proposal to add wooden stairs on coastal bank secured to existing ledge and constructing a fixed pier going out 25', with gangway and terminal float. The proposal is to position the float in the middle of the narrow lot to adhere to the Chapter 9125' property line setback as much as possible. There is an encroachment to the property line by the neighbor which the project will work around. Griffin reviews resource area impacts: • 200 -foot Riverfront (150 s.f) • Coastal Beach (6 s.f.) • Coastal Bank (281.f.) • Land Containing Shellfish (6 s. f.) Maxner notes DEP has yet to receive the application and reads from the DMF comment letter. Griffin responds to DMF comments. Bertoni asks if helical anchors are an option as it is noted in the NOI narrative and inquires as to non -CCA materials. Griffin responds soils may not be conducive for helical piles and that might be a typo and notes that ACQ materials are an option. Buchsbaum asks if boats will ground out at low tide. Griffin responds that the applicant does not intend to have boats but rather personal watercraft like kayaks. Maxner notes the proposed stairs off coastal bank should have a cross section. Conservation Commission August 24, 2016 Meeting Minutes Page 5 of 10 Bertoni asks if there are any questions from the audience. There are none. There being no further questions at this time, the Commission schedules a site visit for 6:00 p.m. on August 31, 2016 and Paluzzi moves to continue the hearing until September 13, 2016. Seconded by Bertoni. The motion carries 4 -0. New: 109 Preston Place — construct in- ground pool with associated patio, cabana, pool house and landscaping — Wayne Mack Maxner reads legal notice. Mr. and Mrs. Mack and Bob Griffin are present to represent the application. Griffin describes the proposal to construct an in- ground pool, associated patio, cabana, pool house and associated grading in the backyard and provides details as to project elements and refers to the proposed plan. He notes that original plans for the property for house construction seven years ago included a pool but the pool was not undertaken. And the new owner of the property is interested in re- permitting the pool. He notes the wetlands were demarcated in 2007 by Hayes Engineering and reflagged for this application and no disturb markers are located along the 25' No Disturb Zone line. Griffin explains the work is entirely within previously cleared lawn area. Maxner notes that the property has on -going conditions from the house construction and the roadway. A Certificate of Compliance was issued with those conditions. Bertoni asks if there are any questions from the audience. Paul Julien, owner of abutting vacant land on Pole Swamp Lane, questions if any runoff will come onto his property. Griffin responds a total of 2,000 square feet of new impervious surface will be added by the project and that drywells and pervious pavers will capture runoff to go into ground rather than over land. A stone rip rap slope will serve as a transition and to stabilize corner. Four to six inches of gravel will be used below the pervious pavers. And no clearing will take place as part of the proposed project. There being no further questions from the Commission or the audience, Paluzzi moves to close the hearing. Seconded by Buchsbaum. The motion carries 4 -0. New: 17 Riverview Street — construct workshop building, install new ramp and floats and perform various landscape repairs — Elizabeth Jones Maxner reads the legal notice. Bill Manuell and Elizabeth Jones are present representing the application. Manuell explains the proposal is to construct a wood barn/workshop, install floats for access to the Bass River and other site work. He describes resource areas on site including coastal bank slope, 200 -foot riverfront area, buffer zone and buffer zone. He notes the proposed barn will be supported on sonotubes with no foundation. The ground will be undisturbed under the wood floor of the barn. There will also be a side door and stone floor area for storage of boat and boat related equipment. Manuell notes proposed landward activity includes: carpentry work will be done to fix the lower clapboards of the existing shed, and the railings on the deck. Repaving of driveway is proposed and when rebuilt water will shed to grassy area, and convert part of driveway to brick patio. A Conservation Commission August 24, 2016 Meeting Minutes Page 6 of 10 small trash enclosure will be installed beside the house. Another shed on the site will be removed. Proposed landward activity involves: rebuild deteriorated wooden step on coastal bank, and thought is being given to ramp and float based on DMF's comments. The length of these proposed items would capture longer tide cycle for boat usage with environmental and cost considerations. Manuell notes the applicant is asking for a waiver because the barn falls (165 square feet) within the 25' NDZ from coastal bank. To mitigate 252 feet of slope plantings will occur to stabilize slope with native groundcover. Buchsbaum states he would like a plant list. Maxner reads the DMF's comment letter. Bertoni notes that a cross section of gangway and float should be provided to the Commission as well and that DMF comments be taken into consideration. Manuell will do an evaluation of cost will be done on consideration of piles with float stops. Discussion ensues about practicality of a float being 18" above mean low water versus 30" as recommended by DMF. Manuell notes the intent is for all of the floats to have a mechanism for keeping them off the bottom and a Chapter 91 license will be applied for. The Commission schedules a site visit for approximately 6:30 p.m. on August 31st. Paluzzi moves to continue the hearing until September 13, 2016. Seconded by Bertoni. The motion carries 4 -0. New: 43 Haven Way — remove and rebuild garage wing, construct new sunroom and perform various landscape and house renovations — Olaf Stelling Maxner reads the legal notice. Bill Manuell, Mr. and Mrs. Stelling are present representing the application. Manuell describes the home renovation project that occurs in buffer zone to coastal bank and 200 -foot riverfront area. He describes the resources and the proposed work referring to the proposed plan. He notes that an alternative analysis was done with use of existing disturbed areas and taking into consideration a deed restriction that extends to 2030 prohibiting structures to be built on the southeast side of house. Manuell explains the waiver requested for construction of the new garage with removal of pavement (replaced with grass /gravel) is proposed to serve as mitigation. The amount of pervious area in the NDZ would be reduced by 285 square feet. In the buffer zone, 1,044 square of feet of driveway would be removed. Bertoni asks the condition of the coastal bank. Manuell notes it is very well forested with mature trees and other vegetation. Bertoni asks if there are any questions from the audience. There are none. There being no further questions at this time, the Commission schedules a site visit for Thursday, September 1, 2016 at 5:30 p.m. followed by a 6:00 p.m. site visit at 675 Hale Street and Buchsbaum moves to continue the hearing until September 13, 2016. Seconded by Paluzzi. The motion carries 4 -0. Conservation Commission August 24, 2016 Meeting Minutes Page 7 of 10 New: 400 Hale Street — control nuisance aquatic vegetation and algal blooms within campus pond by herbicide treatment and hydro - raking — Endicott College c/o Dennis Monaco Maxner reads the legal notice. Joe Orzel of Wetlands Preservation Inc. and Emily Walsh of Solitude Lake Management and Dennis Monaco of Endicott are present representing the application. Orzel describes the College's interest in continuing previously approved chemical treatment to the campus pond with newly proposed hydro - raking to add to the management regime. He notes the wetland resources involved are land under water, inland bank, and fringe of BVW, with work occurring in land under water. Use of a hydro - raking via a small barge /boat is proposed, and unloading and de- watering of material from the pond to a disposal site would occur in early fall or winter. Bertoni asks what the expected longevity of hydro - raking is. Walsh notes this effort should have results that last five to 10 years. Orzel speaks to the fecal coliform numbers which are not that high and could be from runoff, birds or dogs in the area. Buchsbaum notes it is unlikely that there is a sewage leak based on the numbers. The nitrogen levels are fairly high which could be due to organic fertilizer used in the area. The aquatic life in the pond includes fish (i.e., koi and bass, snapping turtles). There are aerators in the pond which lend to 02 levels being acceptable. There being no further questions at this time, Commission schedules a site visit for 6:45 p.m. on Thursday, September 1, 2016 and Paluzzi moves to continue the hearing to the September 13, 2016 meeting. Seconded by Buchsbaum. The motion carries 4 -0. Reconvene Regular Meeting Paluzzi moves to reconvene to the regular meeting. Seconded by Buchsbaum. The motion carries 4 -0. ORDERS OF CONDITIONS 109 Preston Place, DEP File #5 -1199 — construct in- ground pool with associated patio, cabana, pool house and landscaping — Wayne Mack Discussion ensues as to potential conditions for the project, with Bertoni noting there is no encroachment into the 25' NDZ. Paluzzi moves to approve the project under the State Act with general conditons. Seconded by Bertoni. The motion carries 4 -0. Bertoni moves to approve the project under the Ordinance and issue standard conditions and the following special conditions as discussed: Conservation Commission August 24, 2016 Meeting Minutes Page 8 of 10 1. The bottom of the proposed perimeter 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. The proposed pervious pavers for pool patio and walkway are not an option but a requirement of this approval. 3. Prior to work commencing on site, specifications for paver installation shall be forwarded to the Commission for its file and for contractor information on proper install protocol. 4. Prior to Conservation Commission sign off on the Building Permit for the pool, the applicant shall provide a written status report on maintenance activities required under DEP File #5 -990, specifically: Perpetual Conditions Special Conditions from Original Order DEP #5 -990: 1. The proposed cape cod berm (i.e. curbing) shall be maintained in good repair, as its integrity is integral to the successful function of the stormwater system. This condition shall run in perpetuity and shall survive beyond the issuance of a Certificate of Compliance. 2. Long -term maintenance of stormwater structures, including the vegetated swale and cape cod berm shall be the responsibility of property owner(s) as the structures fall within their property boundaries including such boundaries extending to the centerline of the roadway. Those structures that do not fall within property boundaries, maintenance shall be the shared responsibility of the adjacent lots 1C & 1D. This condition shall run in perpetuity and shall survive the issuance of a Certificate of Compliance. 5. Pool backwash shall be directed to the drywell. Pool drawdown for winter closure shall be directed to the drywell. Drawdown /backwash of any kind shall not be directed to the wetland. This condition shall run in perpetuity and shall survive the issuance of a Certificate of Compliance. 6. It shall be the responsibility of the homeowner to maintain and clean all the drywells at least once per year or more frequently if directed by the manufacturer. This condition shall run in perpetuity and shall survive the issuance of a Certificate of Compliance. Seconded by Paluzzi. The motion carries 4 -0. 12R Greene Street, Greens Hill Area, DEP File #5 -1195 - City of Beverly_ Discussion ensues as to standard under the State Act. Paluzzi moves to approve the project with general conditions. Seconded by Pirrotta. The motion carries 4 -0. Discussion ensues as to standards under the Ordinance and waiver criteria. Buchsbaum notes that trail work is of minor impact within the riverfront as long as it stays single track and the boardwalk construction within the Phragmites is unavoidable. Members concur. Buchsbaum moves to approve the project under the Ordinance with the following Special Conditions as discussed: 1. Any changes to the layout of the trail, culvert bridge or boardwalk must be reviewed and approved by the Conservation Commission prior to implementation in the field. Conservation Commission August 24, 2016 Meeting Minutes Page 9 of 10 2. To allow sunlight to penetrate the vegetation below, the bottom member of the boardwalk shall conform to Chapter 91 standards (i.e. at least 5 feet above Mean High Tide or shall be at least as great as the width (i.e. 1:1 ratio) and the individual deck planks of the structure shall be spaced at least 3 /4 inch apart. 3. As described by the project representative during the hearing, the boardwalk support piles shall be driven by electric jackhammer. No water jetting is allowed for any part of construction of the boardwalk. 4. As described by the project representative during the hearing, ACQ pressure treated lumber shall be used in construction of the boardwalk and its support piles. CCA treated products are prohibited. 5. In order to avoid sawdust from falling into the surrounding wetland, the sawdust shall be captured in tarps or drop cloths and disposed of properly. 6. The trail shall be no greater than single -track in width. 7. Educational signage shall be installed along the boardwalk that provides natural history information about the wetland resources the boardwalk is within. Seconded by Paluzzi. The motion carries 4 -0. Endicott College Drainage - 385 & 400 Hale Street, DEP File #5 -1191 Discussion ensues as to performance standards under the State Act. Paluzzi moves to approve the project and issue the Order of Conditions subject to compliance with general conditions and following special condition under the State Act as discussed: • Prior to work commencing, a cross section of and material specifications for the proposed stone path and granite steps shall be submitted to the Conservation Commission for review. • The function and conditions of the velocity reducer, rip rap slope and general conditions at the final discharge point shall be monitored for 2 years after installation and devices have been on -line and functioning. Yearly monitoring reports shall be submitted to the Conservation Commission for 2 years after installation and photographs shall be submitted as part of the monitoring reports. • The Operation & Maintenance of all stormwater BMP's shall be adhered to, and all maintenance and inspection reports per the Stormwater Operation and Maintenance Plans shall be submitted to the Conservation Agent on an annual basis no later than December 31st of each year. This condition shall run in perpetuity beyond the issuance of a Certificate of Compliance. Seconded by Buchsbaum. The motion carries 4 -0. Discussion ensues as to performance standards under local Ordinance, with Bertoni noting that work will be within the 25' NDZ but is unavoidable due to the nature of the project. The Commission discusses potential conditions and waiver criteria. Buchsbaum moves to approve the project under the local Ordinance, approve a waiver from the 25' NDZ and the following special conditions as discussed: • Prior to work commencing, a cross section of and material specifications for the proposed stone path and granite steps shall be submitted to the Conservation Commission for review. Conservation Commission August 24, 2016 Meeting Minutes Page 10 of 10 • During construction, all excavated materials shall be immediately loaded into a dump truck, stockpiling of any materials is prohibited on the coastal bank or within the 100 -foot buffer zone. • The function and conditions of the velocity reducer, rip rap slope and general conditions at the final discharge point shall be monitored for 2 years after installation and devices have been on -line and functioning. Yearly monitoring reports shall be submitted to the Conservation Commission for 2 years after installation and photographs shall be submitted as part of the monitoring reports. • The proposed stone path and granite steps along coastal bank shall be maintained and kept in good repair. This condition shall run in perpetuity beyond the issuance of a Certificate of Compliance. • The Operation & Maintenance of all stormwater BMP's shall be adhered to, and all maintenance and inspection reports per the Stormwater Operation and Maintenance Plans shall be submitted to the Conservation Agent on an annual basis no later than December 31st of each year. This condition shall run in perpetuity beyond the issuance of a Certificate of Compliance. Seconded by Paluzzi. The motion carries 4 -0. Adjournment Paluzzi moves to adjourn at 11:15 p.m. Seconded by Bertoni. The motion carries 4 -0. The next regular meeting of the Conservation Commission is Wednesday, September 21, 2016 at Beverly City Hall, 3 d Floor conference room, 191 Cabot Street, Beverly, MA.