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09-21-16 BCC MinCITY OF BEVERLY PUBLIC MEETING MINUTES BOARD: SUBCOMMITTEE: DATE: BOARD MEMBERS PRESENT: BOARD MEMBERS ABSENT STAFF MEMBERS PRESENT OTHERS PRESENT: RECORDER: Conservation Commission September 21, 2016 Chair Christine Bertoni, Vice Chair Robert Buchsbaum, Richard Grandoni, Jenna Pirrotta, Tony Paluzzi None 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, DEP File #5 -1072 — Endicott College c/o Dennis Monaco Maxner reports the Commission received a request for continuation. Paluzzi moves to continue the Certificate of Compliance to October 4, 2016. Seconded by Grandoni. The motion carries 5- 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 continuation. Paluzzi moves to continue the Certificate of Compliance to October 4, 2016. Seconded by Grandoni. The motion carries 5- 0. Eagle Scout Service Project — Tyler Crosby Tyler Crosby addresses the Commission and describes his proposed Eagle Scout service project to clean up trails at Norwood Pond. The scope of work would be to clear brush and widen trails assisted by other troop members and volunteers. As well as remove a large tree that has fallen across one of the trails with the help of the City. (No scouts are allowed to use power tools or chainsaws.) Crosby had presented his project ideas to the Open Space and Recreation Committee and he will coordinate with DPW Director Mike Collins about trash removal associated. Maxner suggests he coordinate with OSRC on signage (including kiosk poster). Crosby will do a cost analysis on what he has to spend on the proposed project. Leaves may be moved to the sides of the trail but no material will be brought on to the site. The Commission thanks Crosby for the Conservation Commission September 21, 2016 Meeting Minutes Page 2 of 10 presentation and is supportive of the project. Bertoni signs the beneficiary section of the Eagle Scout proposal for Crosby. REQUEST FOR DETERMINATIONS OF APPLICABILITY Cont: 23 Virginia Avenue — construct deck addition and install fence — Robert & Elizabeth Tam Buchsbaum moves to continue to the October 4, 2016 meeting as the applicant is not present to represent the application. Seconded by Paluzzi. The motion carries 5 -0. Recess for Public Hearings Paluzzi moves to recess for public hearings. Seconded by Pirrotta. The motion carries 5 -0. Notices of Intent /Abbreviated Notices of Intent/Requests for Amended Orders of Conditions Cont: 19R Linden Avenue, DEP File #5 -1189 — Michael McNiff, MPM Companies, LLC Bob Griffin representing the applicant notes the Commission recently held a site inspection and can answer any questions. Grandoni inquires as to the need for tree removal. Griffin notes that some overhanging limbs on a tree in the buffer zone will be removed to allow construction of the house and excavation for the foundation of the house will be avoided to the greatest extent in the drip edge of the tree. Discussion ensues about how only over -dig for the foundation should occur on this side of the house. In response to Bertoni, Griffin notes there are invasive species on the bank but there is no plan at this time to remove or manage them. Bertoni asks if there are any questions from the audience. David Suminsby, 21R Linden Ave, notes that he has sent a letter to the Commission regarding the pruning of the tree. He also expresses concerns about access and parking. Maxner suggests that the part of the property where the tree is located could be cordoned off and left out of the construction so no equipment runs over it or digging occurs. Michael McNiff states that the tree has issues and proposes to take off dead limbs and perform pruning. Maxner notes that the older Order issued in 1998 should get cleaned up with the Certificate of Compliance. There being no further questions or comments, Paluzzi moves to close the hearing. Seconded by Buchsbaum. The motion carries 5 -0. Cont: 675E Hale Street, DEP File #5 -1196 — Christopher & Hillary Gabrieli Conservation Commission September 21, 2016 Meeting Minutes Page 3 of 10 Maxner reports the Commission received a request for a continuance. Paluzzi moves to continue to the October 4, 2016 meeting. Seconded by Buchsbaum. The motion carries 5 -0. Cont: 34 South Terrace, DEP File #5 -1198 — Virginia Wallace Bob Griffin representing the applicant describes minor changes to the plan based on the Commission's recent site visit. The stairs will run parallel to the fixed pier. Members review the plan the project and general discussion ensues as to resource impacts and intended uses for the pier and float. Bertoni asks if there are any questions from the audience. There are none. There being no further questions or comments, Paluzzi moves to close the hearing. Seconded by Bertoni. The motion carries 5 -0. Cont: 17 Riverview Street, DEP File #5 -1194 — Elizabeth Jones Libby Jones, applicant is present and notes that her consultant Bill Manuell cannot attend this evening. She reviews the plan revisions as requested by the Commission, including a mitigation plant list and a cross section of the float system. Discussion ensues as to the DMF's comment letter and its recommendations that floats not sit on mud flats at low tide. The Commission asks the applicant to consider alternatives that would keep floats at least 18 inches off mud flats. Buchsbaum moves to continue the hearing to the October 4, 2016 meeting to allow the applicant time to further research alternatives for the float system. Seconded by Paluzzi. The motion carries 5 -0. Cont: 43 Haven Way, DEP File #5 -1193 — Olaf Stelling Architect Tobin Schulman, of Siemasko and Verbridge, representing the applicant notes the Commission held a site visit and reviews the letter from wetland consultant Bill Manuell addressing roof runoff, impact of construction on trees and area of yard waste composting. Members review the letter and general discussion ensues as to the project elements and Manuell's response letter. Bertoni asks if there are any questions from the audience. There are none. There being no further questions or comments, Paluzzi moves to close the hearing. Seconded by Buchsbaum. The motion carries 5 -0. Cont: 400 Hale Street, DEP File #5 -1197 — Endicott College c/o Dennis Monaco Joe Orzel, Wetlands Preservation Inc., representing the applicant describes proposal for continuation of existing program of herbicide treatment with the addition of hydro - raking to Conservation Commission September 21, 2016 Meeting Minutes Page 4 of 10 remove organic material at the bottom of the College's campus ponds. General discussion ensues as to aspects of the project, including Phragmites management in a section of the pond. Bertoni asks if there are any questions from the audience. There are none. Paluzzi moves to close the hearing. Seconded by Bertoni. The motion carries 5 -0. New: 19 Kittredge Street, DEP File #5 -1200 — Brian McMahon Maxner reads the legal notice. Bob Griffin, Griffin Engineeering, representing the applicant describes proposal to demolish and remove the existing garage on concrete foundation and replace with a conventional single family house, lawn and associated appurtenances. He notes the wetland resources include a perennial stream known as the north Beverly drainage ditch. The entire lot is located within the Riverfront Area associated with North Beverly Brook. There is 100 -year flood zone on a portion of the property. Most of the proposed work is within the buffer zone and first 100 -feet of Riverfront and structures will be out of the 25' NDZ. Grading to create compensatory flood storage is proposed. He notes that the bank of the stream has experienced dumping through the years, and the proposal includes removing the debris piles and regrading and plantings to enhance the area. The Commission holds general discussion on the project. Bertoni asks if there are any questions from the audience. An abutter from 16 Kittredge Street, notes his concern over the high water table in the area and the risk of flooding to his property and basement. He also mentions the fragile buffer zone and the wildlife in the area. Griffins explains that soil will be excavated to increase flood storage capacity on the property. He adds that the State reports that there are not threatened species on the property. Paluzzi moves to continue to the October 4, 2016 meeting pending a site visit scheduled for Monday September 26t' at 5:30 p.m. Seconded by Grandoni. The motion carries 5 -0. Reconvene to the regular meeting Paluzzi moves to reconvene to the regular meeting. Seconded by Bertoni. The motion carries 5 -0. OLD /NEW BUSINESS New: 6 Marsh Avenue — seawall repair — Roy & Beth Ferreira Roy and Beth Ferreira address the Commission regarding repairs they would like to perform on their seawall at 6 Marsh Avenue. They explain that the 120 foot seawall that needs repair including stones breaking away and concrete, and note that access from the beach is not necessary to replace existing rocks and do hand work. The wall will be repaired from the foundation and be sloped slightly. Maxner notes that the only permit history of the site involved Conservation Commission September 21, 2016 Meeting Minutes Page 5 of 10 the installation of a garage that received a Certificate of Compliance. Commission members advise, that since the seawall constitutes the coastal bank resource area a NOI would be required for the sea wall repair and a state review also may be required via Chapter 91. Buchsbaum notes that an engineered plan identifying resource areas and all work will be needed as part of that application. Maxner advises that they obtain the services of a professional engineer or environmental consultant. New: 21 Riverview Street, DEP File #5 -1012 — request for extension to Order of Conditions — Charles Mann Charles Mann describes how most of the work was done in 2010 involving pier construction and landscaping on the bank, but he has yet to undertake garage construction. He was hoping to extend the Order for 10 months now that he received ZBA approval for the structure. Paluzzi moves to extend the Order for 10 months. Seconded by Buchsbaum. The motion carries 5 -0. New: 11 Landers Drive — tree removal request — Thomas Renda Maxner explains the applicant is asking to remove two diseased ornamental cedar trees by flush cutting in a densely vegetated area. She provides photos of the trees and reads from the applicant's request letter noting that the trees have cedar rust fungus and are in decline. Buchsbaum asks the overall condition of the bank of the pond in that area. Maxner reports that it is fairly heavily vegetated. She notes the applicant does not want to plant replacement trees at this time. Members review the photos. Paluzzi moves to allow the removal of the trees subject to the following conditons: • Said trees shall be cut flush at ground level and root system left intact; • Should the owners propose to replant in that area, they need to contact the Commission to ensure that appropriate native species will be installed. Seconded by Buchsbaum. The motion carries 5 -0. New: JC Phillips Clean Up Day — Waldorf School c/o Coleen Ran Maxner notes the Commission received communication from Coleen Ryan at the Waldorf School regarding a clean -up at JC Phillips. Discussion ensues as to Commission recommendations, which include: • Latex paint should be used to cover the graffiti • Coordinate with Mike Collins, Director of Public Services & Engineering with regard to trash pick -up • The Commission does not have a funding source for this type of activity, as the City often relies on the volunteer efforts of groups to help steward open spaces throughout the City Maxner will respond to Ms. Ryan with these recommendations. Approval of Minutes Conservation Commission September 21, 2016 Meeting Minutes Page 6 of 10 Buchsbaum moves to approve the April 12, 2016 as amended. Seconded by Paluzzi. The motion carries 4 -0 -1 with Pirrotta abstaining. Buchsbaum moves to approve the June 14, 2016. Seconded by Grandoni. The motion carries 3 -0- 2 with Pirrotta and Paluzzi abstaining. Orders of Conditions 19R Linden Avenue, DEP File #5 -1189 — Michael McNiff, MPM Companies, LLC Member discuss the project and the applicant's request for 25' NDZ waiver. Maxner notes the lot has been in existence since 1949 and is a grandfathered buildable lot and so the size, shape and associated zoning setbacks limit the alternatives as to siting house on the lot, making it impossible for complete avoidance of the 25' No Disturb Zone. Buchsbaum believes that the applicant made a good effort to reduce the footprints of the proposed house and associated structures. Discussion ensues as to possible conditions to apply to the project. Paluzzi moves to approve the project under the State Act subject to WPA general conditions and approve the project under the Beverly Ordinance granting a waiver from the 25' NDZ and subject to compliance with Standard Conditions and the following Special Conditions as discussed: 1. Prior to any construction on site and prior to Conservation Commission sign off on the building permit application, all parties responsible for work on site shall meet and consult with a certified arborist on the need for and extent of pruning /limbing of the large deciduous tree located on 21R Linden Avenue. The arborist shall also provide recommendations for root zone protection of said tree from construction activities and equipment operation on site. The arborist's written opinion and recommendations shall be forwarded to the Conservation Commission for review. 2. In order to sufficiently mitigate for the project's incursion into the 25 -Foot No Disturbance Zone, additional native enhancement plantings shall be installed at the south west corner of the site to replace proposed lawn. Planting square footage shall be 1.5 times the square footage of the house and deck incursion into the No Disturb Zone. 3. Prior to any construction on site and prior to Conservation Commission sign off on the building permit application, a planting plan to address Special Condition #2 above shall be submitted to the Conservation Commission for review and approval. The planting plan shall include a plant species schedule, quantity, size and general planting pattern. All plants shall be woody native species (shrubs or trees) suitable for growing conditions in that section of the site. 4. The enhancement planting area described above in Special Condition #2 and # 3 shall be maintained to allow the newly installed plants to establish and survive and once established the area shall be left to naturalize without typical landscape maintenance activities in the future. Monumentation of this area as a no disturb zone may be required prior to the issuance of a Certificate of Compliance. Conservation Commission September 21, 2016 Meeting Minutes Page 7 of 10 5. In order to minimize construction vehicle traffic and other related impacts to the area, the proposed drywell shall be the first item excavated for and installed at the site. Once installed, the Conservation Agent shall be contacted to verify installation. 6. No vista pruning is allowed on site until after the house is constructed and the extent and scope of pruning is reviewed and approved by the Conservation Commission. Seconded by Bertoni. The motion carries 5 -0. 34 South Terrace, DEP File #5 -1198 — Virginia Wallace Member discuss the project and resource impacts and possible conditions to apply to the project. There being no further discussion, Buchsbaum moves to approve the project under the State Act subject to WPA general conditions and approve the project under the Beverly Ordinance subject to compliance with Standard Conditions and the following Special Conditions as discussed: 1. The Conservation Commission notes a discrepancy between Site Plan Sheet C -1 and Details Plan C -2 with regard to the location of the proposed float foot and the float stop — project engineer needs to verify that there is no conflict between the foot and stop. 2. A minimum of 18 inches between the bottom -most horizontal member of the float and the mud flat surface shall be maintained even with any float foot settling. 3. Should the proposed flat stone float foot supports prove not effective in stopping float feet from sinking into mud flat substrate, the applicant shall explore using skids to achieve required separation. If skids are to be used, a revised plan with skid detail shall be submitted to the Conservation Commission for review and approval. 4. The applicant shall investigate the use of helical anchors in the place of the proposed concrete anchor block and chains. A written opinion from a qualified helical anchor installer as to why use of helical anchors are or are not feasible in this location shall be forwarded to the Commission for review. 5. As noted during the Commission's site inspection, remnants of old pier and associated debris shall be removed and properly disposed of to the greatest extent possible. 6. Should any part of the pier, gangway, float or associated structures be damaged, dislodged and washed away, the owner shall be responsible for recapturing and collecting said material for proper disposal. This condition shall survive in perpetuity beyond the issuance of a Certificate of Compliance. 7. Watercraft of any kind shall not be allowed to ground out at low tide. This condition shall survive in perpetuity beyond the issuance of a Certificate of Compliance. 8. Personal watercraft shall be stored on the float or pier. This condition shall survive in perpetuity beyond the issuance of a Certificate of Compliance. 9. As described in the NOI and at the public hearing by the applicant's representative, the float and gangway shall be placed seasonally and shall be moved and stored outside flood zone for winter storage and before major storm events. This condition shall survive in perpetuity beyond the issuance of a Certificate of Compliance. Seconded by Paluzzi. The motion carries 5 -0. 43 Haven Way, DEP File #5 -1193 — Olaf Stelling Member discuss the applicant's request for a waiver from the 25' NDZ. Maxner reminds the Commission of the deed restriction that prohibits structures on the northerly or easterly side of Conservation Commission September 21, 2016 Meeting Minutes Page 8 of 10 the house /site. Buchsbaum notes that alternative locations for the proposed garage to the rear of the existing house were considered but would result in greater impacts within the buffer zone and riverfront Discussion ensues as to conditions to apply to the project. There being no further discussion, Buchsbaum moves to approve the project under the State Act subject to WPA general conditions and approve the project under the Beverly Ordinance granting a waiver from the 25' NDZ and subject to compliance with Standard Conditions and the following Special Conditions as discussed: 1. The Conservation Commission strongly recommends that the meadow area to the south of the house be mowed a maximum of once (1X) per year in the late fall. This mowing regime will help maximize multi- species utilization of this habitat and support life cycles of same. Management of this habitat could benefit from seeking advice from conservation organizations that manage similar holdings for specific target species. 2. The existing meadow - cutting compost material shall be pulled out of the coastal bank and off of tree root systems. 3. Prior to work commencing the new limits of the meadow - clipping compost area shall be reviewed in the field with the Conservation Agent. Once this field investigation is complete and new limits agreed upon, the proposed plan shall be revised to accurately depict the new location and limits of the meadow - clipping compost area. Said revised plan shall be forwarded to the Conservation Commission for its file. 4. At least two weather resistance monuments, not less than 2 -feet in height, shall be installed at the resource - area -side of the relocated meadow - clipping compost area, bearing markers with the following language: "Protected Wetland Resource Area: No dumping of yard/meadow clippings or other debris beyond these markers. " These markers shall be kept in good repair. This condition shall survive as an on -going condition beyond the issuance of a Certificate of Compliance. 5. In order to protect tree root systems within the work zone, a temporary mat or 1 -foot thick layer of bark mulch shall be spread over entire ground surface of tree canopy and drip edges. 6. If any existing roots come into conflict with the excavation for the garage foundation or over -dig area, said roots shall be cut clean with a sharp saw or blade. 7. If any existing trees cannot be preserved due to construction impacts, replacement trees shall be planted within the riverfront area. Said trees shall be native, and at a 2:1 replacement ratio and shall not be less than 1.5- inches in caliper. 8. Tie in of the new garage roof runoff into the existing pipe collection system shall be investigated. If tie in is not possible or recommended, roof runoff shall be diverted away from wetland resource areas. Seconded by Paluzzi. The motion carries 5 -0. 400 Hale Street, DEP File #5 -1197 — Endicott College c/o Dennis Monaco Member discuss the applicant's need for a waiver from the 25' NDZ. Berton notes that pond resource area itself is experiencing eutrophication, and management activities must take place within the resources, and access to the pond for hydro - raking cannot possibly avoid traversing the 25' NDZ Discussion. Discussion ensues as to conditions to apply to the project. Conservation Commission September 21, 2016 Meeting Minutes Page 9 of 10 There being no further discussion, Buchsbaum moves to approve the project under the State Act subject to WPA general conditions and approve the project under the Beverly Ordinance granting a waiver from the 25' NDZ and subject to compliance with Standard Conditions and the following Special Conditions as discussed: 1. Information on the facility identified to receive the hydro - raking material shall be forwarded to the Commission for its file. 2. Should chemical treatment of Phragmites be proposed, the proposed types /brands of chemicals and application methods shall be forwarded to the Commission for its review and approval. 3. Water insoluble nitrogen fertilizer shall be investigated for use on the grounds around the ponds. The applicant shall forward its findings and if such product will be used. 4. Water quality sampling for monitoring nutrient levels shall be conducted at the beginning of the growing season as described in the NOI. 5. Annual reports for the life of this Order shall be submitted to the Commission on all pond management activities undertaken during that year — the report shall include water quality sampling results. The report shall describe anticipated management activities for the coming year. 6. This Order allows the use of the following chemicals as requested and described in the NOI narrative: Algaecides — SeClear of CaptainXTR; Herbicides — Reward or Rodeo; Alum — PhosClear (buffered alum). Should the BRP WM 04 Permit require a different suite of chemicals, the applicant shall come back to the Commission for a determination as to whether this change requires a Minor Modification or Amendment. 7. The applicant or its designee shall obtain a valid BRP WM 04 permit for the application of aquatic herbicides and /or algaecides for the target species and a copy of the permit shall be forwarded to the Commission prior to initiation of any treatment activities. 8. All application of chemicals (aquatic or terrestrial) shall be applied by an applicator licensed by the Massachusetts Department of Agricultural Resources, Pesticide Bureau. 9. In the event of a fish kill, the applicant and licensed applicator shall immediately contact the Department of Environmental Protection Emergency Response Program at # 888- 304 -1133; the Department of Fish and Game's Westborough office at 508- 792 -7270; or the Boston 24 -hour response line at 1- 800 - 632 -8075. 10. During drawdown, if employed, water levels shall be reduced gradually so as to allow wildlife to move to deeper water, locate alternative lodge sites or relocate food caches (if applicable) prior to ice formation and substrate freezing; and to minimize impacts to fish spawning and other non - target organisms that may have water level requirements for reproduction. 11. Refueling, servicing and repair of motorized watercraft and service vehicles associated with the pond surveys or treatments shall take place at least 100 feet from the pond banks. Equipment operators shall be prepared to immediately respond to, and contain accidental releases of fuel, motor oil or aquatic herbicides /algaecides. On -site absorbent materials shall be maintained for use in containing accidental spills. If an accidental release occurs, the issuing authority shall be immediately notified and the containment areas shall be treated according to the guidelines established by DEP's Bureau of Waste Site Cleanup. Long term storage and staging of chemicals shall take place outside the 100 -foot buffer zone. Conservation Commission September 21, 2016 Meeting Minutes Page 10 of 10 12. The applicant shall develop a post- management monitoring program to identify new growth of target species in early stages. Strategies to address new growth should be considered and implemented to assist in the development of long -term management strategies. 13. Following the completion of the project or at the end of the term of this Order, the applicant shall request a Certificate of Compliance and include an affidavit signed by the licensed application stating that the aquatic vegetation/target species has been treated in accordance with the requirements of this Order. Seconded by Paluzzi. The motion carries 5 -0. New: Other... Extensions, Emergency Certifications, Enforcement Orders, Correspondence Kelleher Pond — Maintenance Protocol Maxner explains that the City has taken ownership of Kelleher Pond and surrounding greenspace and the Commission can anticipate an application from the City related to trail and vegetation management around the pond. She has drafted a maintenance protocol for the Commission's consideration for the area, which calls out activities that may or may not need Con Com review. She notes that this could be incorporated into conditions of the permit once the City files the application. Adjournment Paluzzi moves to adjourn the meeting at 10:50 p.m. Seconded by Buchsbaum. The motion carries 5 -0. The next regular meeting of the Conservation Commission is Wednesday, October 4, 2016 at Beverly City Hall, 3rd Floor Council Chamber, 191 Cabot Street, Beverly MA.