12-06-2016 BCC Min (2)CITY OF BEVERLY
PUBLIC MEETING MINUTES
BOARD:
SUBCOMMITTEE:
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STAFF MEMBERS PRESENT:
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RECORDER:
Conservation Commission
December 6, 2016
Chair Christine Bertoni, Vice Chair Robert Buchsbaum,
Richard Grandoni, Tony Paluzzi, Jenna Pirrotta, Amy
Garniss
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.
CERTIFICATES OF COMPLIANCE
Cont: 400 Hale Street, Beverly Wetlands Ordinance Approval File # 01 -2013 — Endicott
College c/o Dennis Monaco
Charlie Wear, Meridian Associates, representing the applicant explains that the College intends
to file a new application for the proposed water quality treatment trench along the edge of the
access drive for Callahan Center and refers to the draft plan for the trench. He notes the WQ
treatment is designed to offset impacts from parking on the shoulder which has occurred for
years in this area. Discussion ensues as to dimensions and function of the trench. Wear notes the
College would also like to repave the existing access drive. The Commission advises that a NOI
would be most appropriate for all the work described.
Buchsbaum moves to continue this request for Certificate of Compliance to the January 4, 2017
meeting. Seconded by Paluzzi. The motion carries 6 -0.
New: 400 Hale Street, DEP File #5 -1085 — Endicott College c/o Dennis Monaco
Joe Orzel, Wetlands Preservation, Inc., representing the applicant explains the Order issued in
2012 governed pond management, mainly chemical treatment to address algae growth —
herbicide, algaecide and aluminum phos -lock treatments were part of the program. He notes the
Commission will recall recently issuing a new Order of Conditions allowing for similar activities
with hydro - raking included in the regimen. Orzel explains the report from New England
Environmental concludes that rain events are the main cause of turbidity which stirrs up existing
sediment as opposed sediment traveling into the pond. The trends in bacteria levels are stable and
decreasing which is expected to continue after hydro - raking (which is occurring now). Maxner
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notes that at the end of the new Order of Conditions, watershed monitoring will have to be
addressed and would be an on -going condition.
Paluzzi moves to issue a Certificate of Compliance. Seconded by Buchsbaum. The motion
carries 6 -0.
REQUESTS FOR DETERMINATION OF APPLICABILITY
Cont: 200 Essex Street — City of Beverly c/o Greg St. Louis City Engineer
City Engineer Greg St. Louis recalls discussion points raised during the Commission's site walk.
Discussion ensues as to the proposed management tasks in various areas. Bertoni notes that
more clarity is needed for what the City intends to do around the pond as her impression of the
City's Tree Warden's approach was a bit more extensive that what the application outlines.
Katherine Mills Myers, 176 Colon Street, speaks to living near the pond for 25 years and concurs
with the intent to keep the pond area wild with limited park -like areas. Ward 4 Councilor Scott
Houseman weighs in on intent for woodland meadow and emphasizes importance of privacy
concern from abutting homeowners.
Maxner recommends that an aerial map be developed that calls out activities and maintenance
protocol to more clearly define what is proposed in each area of the pond's edge. Commission
members agree that an annotated map would be most helpful. St. Louis agrees to prepare the
map based on the site walk and tonight's discussion points.
Paluzzi moves to continue discussion on this application to the January 4, 2016 meeting.
Seconded by Buchsbaum. The motion carries 6 -0.
Cont: 111 Cross Lane — Jad & Cheryl Stella
Charlie Wear, Meridian Associates, representing the applicant notes the Commission held a site
visit which resulted in changes to site plan. He notes the addition of a 10' vegetated strip at the
back of the site which will become a "no mow" area to be left to naturalize, and that gutters from
proposed 40' by 26' addition will not be tied into a drain that runs through the site but its
discharge point is not known. Discussion ensues as to equipment access and construction
controls.
Buchsbaum moves to issue a Negative #3 Determination with the following conditions as
discussed:
1. Prior to construction, the following tasks /deliverables shall be in place /carried out:
a. Erosion controls shall be installed in the location as depicted on the approved
plan;
b. The installed erosion controls shall be inspected by the Commission or its Agent;
The Building Permit shall be in place.
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2. As noted on the approve plan, vegetation within 10 feet of the rear lot line shall not
mowed or cut, but allowed to re- naturalize. This condition is on -going and shall survive
in perpetuity.
3. As depicted on the approved plan, roof runoff shall not be connected to the existing drain
pipe system as it is unknown where that system discharges to.
Seconded by Paluzzi. The motion carries 6 -0.
Recess for public hearings
Paluzzi moves to recess for public hearings. Seconded by Buchsbaum. The motion carries 6 -0.
NOTICE OF INTENT
Cont: 50 Dunham Road — Vitality Senior Living, LLC c/o Chris Guay
Andrew Truman, representing the applicant recaps the project proposal noting that City Engineer
has submitted comments which he does not see as problematic and are in the midst of being
addressed. Maxner asks City Engineer Greg St. Louis to review his most relevant comments. St.
Louis goes through his comments, noting that he requested a micro analysis of watershed and
water budget to Pool #3, infiltration needs to be modeled for a 72 hour timeframe and detail
sheets notations need some clarification and revision. Maxner notes that the Commission
continued the hearing in favor of allowing St. Louis time to comment on the stormwater
proposal. She asks St. Louis if his comments are significant enough to require a further
continuance. St. Louis states he does not believe so, noting that these changes would be required
for his Department's stormwater permit anyway.
Bertoni asks if there are any comments from the audience. There are none.
Paluzzi moves to close the hearing. Seconded by Buchsbaum. The motion carries 6 -0.
Cont: 254 Essex Street – YMCA of the North Shore, Inc., c/o Chris Lovasco
Maxner reads a letter withdrawing this NOI from the applicant's engineer.
Cont: 100 Hull Street, DEP File #5 -1205 – MJP Properties, Inc. c/o Michael Panzero
Bob Griffin, Griffin Engineering is present representing the applicant. He notes the Commission
held a site visit and requested additional information which has been provided and plan revisions
made. He notes the Commission asked for the wetland consultant to review the line at various
points and notes that the consultant was comfortable with the original delineation and made no
changes to the flag locations. To address neighborhood concern about stormwater management,
there has been an increase in the ability to retain water on site with the drywell on Lot #1
capacity increased to 1000 gallons, a rain garden was added on Lot #2 positioned so that
overland flow from both lots will empty to the garden first before reaching the 3 -acre wetland.
He also notes that the driveway on Lot #2 has been modified to preserve the large beech tree.
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Bertoni asks if lawn area can be reduced. Griffin notes that lawn for Lot #2 is limited to about 50
feet and is very limited for Lot #1. He notes Lot #2 will have a walk out basement and relatively
flat backyard will remain the same as it is today so the existing topography will not change with
water running to the wetland. In response to Maxner, Griffin explains that some fill will be
brought into the site on both lots which will provide better transition to the street and assist in
drywell installation.
Bertoni asks if there are any questions from the audience. There are none.
Paluzzi moves to close the hearing. Seconded by Buchsbaum. The motion carries 6 -0.
New: 254 Essex Street — YMCA of the North Shore. Inc., c/o Chris Lovasco
Maxner reads the legal notice. Charlie Wear, Meridian Associates, representing the applicant
describes the proposal for a childhood education center, parking lot and addition to the Sterling
Center. He notes that this new NOI is due to the project changing and its location spilling onto
another lot, which required re- notification of abutters. He reviews the resource areas within the
project limits and notes work will be within the 100 -foot buffer zone to isolated vegetated
wetlands but outside the 25 -foot no disturb zone. He notes that the Sterling Center addition is
outside Commission jurisdiction. He explains the stormwater management proposal that now
includes an underground detention system, which does not require any changes to the existing
wet basin. He reviews the MA Stormwater standards and the runoff treatment chain.
Bertoni notes her observations on the site walk, and her concern over whether the IVW function
as a vernal pool and whether blasting, cut and fill will impact the wetland. Wear notes that
DeRosa Environmental had analyzed and provided an opinion letter that the IVW's do not
function as a vernal pool during the permitting of the Teen Center. He notes as with Endicott
College parking lot project recently permitted by the Commission, they can engage a
geotechnical analysis. He speaks to his observations of ledge conditions on site.
Grandoni notes that the area of the IVW seems to be a mini quarry and asks if the wetlands are
surface water or ground water driven. Wears states he believes it is groundwater and notes that
with this summer's drought, it is the first time he has not seen water in these wetlands.
Maxner asks for explanation of the means and methods for education building construction.
Wear explains the construction and notes that the first floor would be on grade of parking lot and
a four foot frost wall foundation. Maxner asks as to parking lot and encountering ledge there.
Wear notes that if they encounter ledge they will take out only what is needed to get the parking
spaces in and stop there, but if soils are encountered they would grade and place rip rap on the
face.
Grandoni asks how roof runoff will be handled. Wear explains the roof will run overland to the
catch basins to the detention chamber. Discussion ensues as to how to best manage this flow,
with Wear noting that piping it can be an option which could follow the gas and sewer line.
Bertoni asks for square footage of disturbance in the buffer zone. Wear responds approximately
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10,000 of impervious surface in buffer zone. Diversion of some roof runoff to the wetlands is
discussed.
Maxner asks for an explanation of the stormwater treatment chain. Wear reviews the proposed
stormwater proposal.
Bertoni asks if the City Engineer has looked at the drainage with Maxner responding that she has
provided him with copies but have not yet heard back from him. Bertoni and Buchsbaum asks
for more information as to the water budget for the wetland and vernal pool status.
Bertoni asks if there are comments from the audience.
Abutter Randy Warren, 278 Essex Street, expresses his concerns over vernal pool status of the
IVW, tree removal resulting in changes to light and noise, blasting impacts which may drain the
wetland and impact basements. He asks if the Commission requires bonding for blasting and
how compensation is handled if the wetland is lost. He notes that the Y had received a special
permit from the ZBA in the 1960's and he believes the Y has overstepped the provisions of that
permit. He notes that an alternatives analysis may be in order to site the building farther away
from the wetland and neighbors.
Wear mentions that if the building was moved on the site it would still be in the buffer zone and
believes the proposed location has the least impact. He notes how the intermittent stream runs
through the site which had been previously determined by the DEP as intermittent. Wear notes
some blasting is expected for the parking lot and possibly the education center for ledge removal
and a technical engineer will make an assessment.
Buchsbaum moves to continue the hearing until the January 4, 2017 meeting to allow the City
Engineer to comment on the stormwater design. Seconded by Paluzzi. The motion carries 6 -0.
New: 280A Hale — Endicott College c/o Dennis Monaco, Vincent Congley, Renee & Richard
Little & New: 280B Hale — Endicott College c/o Dennis Monaco & Bradford Amos
Maxner reads the legal notices. Charlie Wear, Meridian Associates, representing the applicant
explains the College is proposing to install domestic water service to the homes at 280A & 280B
Hale, which are located within 200 -foot riverfront area, but most of the proposed work would be
in the gravel parking area with temporary disturbance of about 500 square feet. Any disturbed
area as part of water main work will be replanted and gravel replaced. He notes that the
alternative analysis revealed that water service connection could also be done to Hale Street but
there is greater distance and increased impact to riverfront area.
In response to Maxner, Wear describes the equipment to dig the 5 '/z foot deep, 3 foot wide trench
with a rubber tired backhoe. There is a farmer's stonewall at the property line and minimal
amount of vegetation that would be disturbed.
Bertoni asks if there are any questions from the audience. Renee Little, 280A Hale, notes that
due to the blasting for the Endicott parking lot above them, their wells were ruined and the
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College finally agreed to rectify the situation. Grandoni asks if the wells are shallow. Little
states they are artesian wells of about 400 foot depth. Bertoni responds that it is difficult to make
the direct connection between the two events.
Pirrotta asks how the existing wells will be dealt with. Wear states most likely abandoned and
capped.
Paluzzi moves to close both hearings. Seconded by Buchsbaum. The motion carries 6 -0.
Paluzzi moves to reconvene the regular meeting. Seconded by Buchsbaum. The motion carries 6-
0.
OLD /NEW BUSINESS
New: 52 Dunham Road, DEP File #5 -1123 — request for Minor Modification to Order of
Conditions — Dunham Ridge, LLC c/o Mike Aveni & Steve Drohosky
Steve Drohosky and Mike Aveni are present representing the applicant. Drohosky refers to the
proposed plan to address the presence of rip rap within the 25' NDZ and Floodplain which are
not in conformance with the Order and approved plan. He explains the proposal to modify the
Order to move the section of wall out of the No Disturb Zone and off of City owned land, but
leave a very small section of the rip rap wall in NDZ and floodplain to the east. He refers to
compensatory flood storage for 48 square feet is proposed within the disturbed area where the rip
rap will be removed along with mitigation to seed the area with conservation mix and plant
native shrubs similar to species that have been planted elsewhere on the site as listed on the plan.
Bertoni asks that the ANRAD reference to floodplain be removed from the plan. Aveni notes he
meant to remove that notation but missed it in that location and will send a revised plan to
Maxner tomorrow.
In response to Maxner, Aveni notes that an excavator will be used to remove riprap wall and
replace stones to shift wall.
Buchsbaum moves to issue the Minor Modification with the following additional special
conditions as discussed:
1. Prior to work commencing on moving the armored rip rap slope, the stretch of existing
hay bales and silt fence located between wetland Flags B34 and B38 shall be replaced
with new bales and fence. The Conservation Agent shall be notified this installation is
complete to schedule a site inspection to verify.
2. Prior to placing rip rap stones on relocated slope face, an appropriate geotextile fabric
shall be placed over the exposed dirt slope so as to prevent soil erosion through gaps in
the rip rap stones.
3. The proposed native shrub mitigation plantings shall be installed no later than May 31,
2017. The Conservation Agent shall be notified once planting is complete to schedule a
site inspection to verify.
4. The mitigation plantings shall exhibit at least 75% overall survivorship after two growing
seasons post installation. The project wetland scientist or other qualified professional
shall certify in writing plant condition and survivorship.
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Seconded by Paluzzi. The motion carries 6 -0.
New: Other... Discussion or Action Items Related to Commission Business
Maxner suggests that the Commission schedule a meeting to allow her time to draft conditions
for 100 Hull Street NOI and Vitality Senior Living NOI and place the draft revisions on the local
Regulations on the agenda for discussion. The Commission schedules a meeting for December
15, 2016 meeting to further discuss said items.
Order of Conditions
280A Hale — Endicott College c/o Dennis Monaco, Vincent Congley, Renee & Richard Little
& 280B Hale — Endicott College c/o Dennis Monaco & Bradford Amos
Discussion ensues as to the project's conformance with the applicable State and local regulations.
Discussion ensues as to possible conditions to apply to the project.
Buchsbaum moves to issue the Order of Conditions under the WPA and Ordinance with the
following Special Condition as discussed:
1. All disturbed areas within the trench area shall be loamed with 4" — 6" of clean loam and
seeded with "Earnst NATIVE Partially Shaded Area Roadside Mix" or equivalent.
Seeded areas shall be immediately covered with a layer of hay to insulate and protect
seeds from washout. A spec sheet and paid invoice for this seed mix shall be submitted to
the Commission or its Agent for its record.
Seconded by Paluzzi. The motion carries 6 -0.
Approval of Minutes
Members review draft minutes and recommend edits.
Paluzzi moves to approve the July 12, 2016 minutes as amended. Seconded by Buchsbaum. The
motion carries 6 -0.
Paluzzi moves to approve the August 23, 2016 minutes as amended. Seconded by Pirrotta. The
motion carries 6 -0.
Adjournment
Paluzzi moves to adjourn at 10:15 p.m. Seconded by Buchsbaum. The motion carries 6 -0. The
next meetings of the Conservation Commission are Thursday December 15, 2016 and
Wednesday, January 4, 2017 at Beverly City Hall, 3rd Floor Council Chamber.