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12-06-2016 BCC Min (2)CITY OF BEVERLY PUBLIC MEETING MINUTES BOARD: SUBCOMMITTEE: DATE: BOARD MEMBERS PRESENT: BOARD MEMBERS ABSENT: STAFF MEMBERS PRESENT: OTHERS PRESENT: 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 Conservation Commission December 6, 2016 Meeting Minutes Page 2 of 7 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. Conservation Commission December 6, 2016 Meeting Minutes Page 3 of 7 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. Conservation Commission December 6, 2016 Meeting Minutes Page 4 of 7 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 Conservation Commission December 6, 2016 Meeting Minutes Page 5 of 7 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 Conservation Commission December 6, 2016 Meeting Minutes Page 6 of 7 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. Conservation Commission December 6, 2016 Meeting Minutes Page 7 of 7 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.