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10-04-16 BCC MinCITY OF BEVERLY PUBLIC MEETING MINUTES BOARD: SUBCOMMITTEE: DATE: BOARD MEMBERS PRESENT: BOARD MEMBERS ABSENT STAFF MEMBERS PRESENT OTHERS PRESENT: RECORDER: Conservation Commission October 4, 2016 Chair Christine Bertoni, Vice Chair Robert Buchsbaum, Richard Grandoni, Jenna Pirrotta, Tony Paluzzi, Amy Garniss 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 Chamber, 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 to the October 26, 2016 meeting. Seconded by Grandoni. The motion carries 6 -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 to the October 26, 2016 meeting. Seconded by Grandoni. The motion carries 6 -0. New: 230 Elliott Street, DEP File #5-481— McDonald's USA, LLC c/o Bottler Engineering John Kucich of Bohler Engineering representing the applicant notes that there is a partial Certificate of Compliance which only released the Stop & Shop side of the site. This request would complete the Certificate and notes that the as -built plan for the McDonalds part of the site is in substantial compliance with the Order issued in June 1995 for the plaza development. He notes the work was completed in the late 1990s. Maxner reports that McDonald's monitors and cleans catch basins and does parking lot sweeping. Kucich explains there are deep sump catch basins on the McDonald's parcel which are directed to the main system in the Stop & Shop side of the plaza for additional treatment and discharge. Stop & Shop is taking care of its structures on its site. Maxner reviews the long -term stormwater maintenance contemplated when the project was permitted. Conservation Commission October 4, 2016 Meeting Minutes Page 2 of 7 Paluzzi moves to issue a complete Certificate of Compliance with two on -going conditions: The property owner and respective responsible party for stormwater treatment device maintenance and site maintenance (the site consisting of 230 and 224 Elliott Street) shall be responsible for executing and adhering to the following Long Term Pollution Prevention and Stormwater Facility Maintenance activities as required by the original Order of Conditions: a. The Vortechnics Unit (oil & grit separator) shall be inspected at least twice annually to remove accumulated sand and floatable product as needed. At a minimum, the Vortechnics Unit shall be cleaned once per year. b. All catch basins on site shall be inspected at least twice annually to remove accumulated sand and floatable product as needed. At a minimum, the catch basins shall be cleaned once per year. c. The parking lots and access drives shall be swept four times annually. Sweeping will remove sediments and contaminants from the paved surfaces before reaching the Vortechnics Unit and catch basins and reduce pollutant loads. d. Daily and weekly trash/litter removal from the site shall be undertaken. e. Weekly inspection of all dumpsters to ensure no spills or leaks are occurring. If spills /leaks are detected they shall be immediately cleaned and the dumpster fixed or replaced. f. Routine emptying of outside public -use trash receptacles. 2. Responsible parties shall forward maintenance and inspection reports that document the annual Long Term Pollution Prevention and Stormwater Facility Maintenance activities. Reports shall be submitted to the Conservation Agent on an annual basis no later than December 31st of each year for that year's maintenance activities undertaken. Seconded by Pirrotta. The motion carries 6 -0. REQUEST FOR DETERMINATIONS OF APPLICABILITY Cont: 23 Virginia Avenue — Robert & Elizabeth Tam Robert Taylor recalls the discussion during the Commission's recent site walk. General discussion ensues as to conditions to be applied to the project. Paluzzi moves to issue a Negative #3 Determination with the following conditions as discussed: 1. Prior to Conservation Commission sign off of building permit, a revised plan shall be submitted showing the 12" roof overhang, gravel drip edge trench to capture roof runoff, the proposed portable kennel and elimination of perimeter fencing. 2. All excavated soils not used for backfill shall be removed from the site and disposed at an appropriate facility. Seconded by Buchsbaum. The motion carries 6 -0. New: 230 Elliott Street - McDonald's USA, LLC c/o Bohler Engineering Conservation Commission October 4, 2016 Meeting Minutes Page 3 of 7 Maxner reads legal notice. John Kucich of Bohler Engineering representing the applicant describes the proposal for improvements to drive through lane, ADA walkway and parking layout modifications including reduction of parking spaces. Existing sidewalks will be rebuilt. There will be 235 foot reduction in impervious area in the interior of the lot. None of the drainage basins will be impacted. Erosion control will include silt fence and silt filters in the catch basins. Area disturbed by work will be loamed and seeded with grass. No additional landscaping is proposed. Snow is stored on site in unused parking spaces. The number of spaces complies with zoning. Paluzzi moves to issue a Negative #2 Determination with the following special conditions: 1. Catch basin inlet protection shall be installed by the contractor and inspected by the Commission /its Agent prior to work commencing. Seconded by Buchsbaum. The motion carries 6 -0. Recess for Public Hearings Paluzzi moves to recess for public hearings. Seconded by Pirrotta. The motion carries 6 -0. Notices of Intent /Abbreviated Notices of Intent/Requests for Amended Orders of Conditions Cont: 675E Hale Street — Christopher & Hillary Gabrieli Laura Gibson and Kyle Lally are present representing the applicant. Gibson notes changes to the plan per DEP comments, resulting in the dredged material from pond will be dewatered on gravel road as opposed to placing it within the bordering vegetated wetland. Also, the dredged material will be used to regrade outside of the buffer zone. Gibson briefly describes proposed phasing of preservation of Ruppia maritima. Discussion ensues about altering the function of the pond which may have been dug by the Army Corps of Engineers. Gibson notes that the project wetland scientist could not attend this evening and he intends to consult further with DEP on this project and asks for a continuance. Paluzzi moves to continue the hearing to the October 26, 2016 meeting. Seconded by Grandoni. The motion carries 6 -0. Cont: 17 Riverview Street — Elizabeth Jones Maxner reports the Commission received a request for continuance. Buchsbaum moves to continue until the October 26, 2016 meeting. Seconded by Paluzzi. The motion carries 6 -0. Cont: 19 Kittredge Street, DEP File #5 -1200 - Brian McMahon Bob Griffin representing the applicant notes the Commission held a site visit and briefly recaps the project describes project and can answer any additional questions. Conservation Commission October 4, 2016 Meeting Minutes Page 4 of 7 Bertoni asks if there are any questions from the audience. Fred Rossi, 16 Kittredge Street, states his concern about flooding relative to removal of dirt and excavation. Discussion ensues about how the City does not have plans to dredge the brook. Griffin explains that proposal is to remove degraded conditions and replace with lawn and native vegetation. He notes that there is no information to suggest there is environmental contamination is present on site. Maxner mentions that the contractor could have soils tested if he identifies discoloration of soils or smells. Griffin notes if these conditions are encountered the situation would be referred to the appropriate agencies or City boards. Paluzzi moves to close the hearing. Seconded by Pirrotta. The motion carries 6 -0. New: 50 Dunham Road — Vitality Senior Living, LLC c/o Chris Guay Maxner reads legal notice. Jerry Pachillo and Andy Truman are present representing the applicant. Pachillo introduces the company and briefly describes the proposal to build a four story, 118 unit assisted living /dementia care development relative to sustainability. Andy Truman, project civil engineer, describes details of the project and associated stormwater design. General discussion ensues as to particulars of the work in the NDZ to vernal pool, site grading and stormwater treatment system. Maxner notes the City Engineer will provide peer review on the stormwater plan and drainage calculations. The Commission schedules a site visit for Saturday, October 15, 2016. Paluzzi moves to continue the hearing to the October 26, 2016 meeting. Seconded by Pirrotta. The motion carries 6 -0. New: 50 Dunham Road — Dunham Ridge, LLC c/o Mike Aveni Maxner reads legal notice. Mike Aveni, Steve Drohosky and Mark Sleger are present representing the applicant. Aveni describes the proposal to straighten out the private driveway that is Dunham Road. There is a resource area between the site driveway and Route 128 that has wetland delineated. The proposed work is inside of the buffer zone and there will be additional impervious surface. A catch basin will be installed that will drain to a proposed small detention pond. The wetlands in the vicinity have been flagged again recently. Maxner notes the City Engineer will review this proposal. Bertoni asks if there are any comments from the audience. Leo Maestranzi of Maestranzi Brothers expresses concern about right of way and maneuverability of delivery trucks making a sharp turn to reach his business necessitating pavement to be widened near the No Disturb Zone. Aveni concurs that pavement could be widened to help the trucks and safety vehicles through the area. Discussion addresses how changes to the right of way can be done while staying out of the No Disturb Zone. Karen Nascembeni the general manager of the North Shore Music Theater echoes Mr. Maestranzi's thoughts and notes that wetland A floods on a regular basis and recommends area be studied. Conservation Commission October 4, 2016 Meeting Minutes Page 5 of 7 The Commission schedules a site walk for Saturday, October 15, 2016. Paluzzi moves to continue the hearing to the October 26, 2016 meeting. Seconded by Buchsbaum. The motion carries 6 -0. New: 50 Dunham Road — Dunham Ridge, LLC c/o Mike Aveni Maxner reads legal notice. Mike Aveni Mike Aveni, Steve Drohosky and Mark Sleger are present representing the applicant. Aveni describes working with City Engineer Greg St. Louis on details associated with managing stormwater at the site. The proposal is to install a subsurface stormwater management system with detention chamber to receive stormwater (i.e., runoff from impervious surface) which will release to adjacent resource area for groundwater recharge. Buchsbaum notes that no development is shown on the plan that will be serviced by this treatment system. Aveni responds that the maximum building size and maximum impervious surface have been calculated relative to possible future built out at this part of the site. In response to Bertoni, he explains that eventually the condominium association will ultimately be responsible for maintaining the system. General discussion ensues as to the project elements and potential upstream development. Maxner notes that she is not sure if the City Engineer is able to review this design. The Commission schedules a site visit for Saturday, October 15, 2016. Buchsbaum moves to continue the hearing to the October 26, 2016 meeting. Seconded by Paluzzi. The motion carries 6 -0. Reconvene to the regular meeting Paluzzi moves to reconvene to the regular meeting. Seconded by Grandoni. The motion carries 6 -0. OLD /NEW BUSINESS New: 52 Dunham Road, DEP File #5 -1123 — Anderson Clark, LLP Maxner reports that the City Engineer has determined that the rip rap slope has encroached onto City owned land and within the 25' NDZ. The Commission schedules a site visit for Saturday, October 15, 2016. A follow -up discussion will occur at the October 26, 2016 meeting. Other... Extensions, Emergency Certifications, Enforcement Orders, Correspondence, etc. 44 -46 River Street — National Grid Repaving Maxner reports that she received inquiry from National Grid as to their proposal to resurface top layer of asphalt at their property at 44 -46 River Street, on the Bass River (i.e., riverfront and coastal bank). She notes there is an outstanding Order for the hazmat reconsolidation and Conservation Commission October 4, 2016 Meeting Minutes Page 6 of 7 reconfiguration of the site. Bertoni notes that an RDA would be appropriate, with members concurring. 749 Hale Street — Pronosed Addition Maxner asks if a Minor Project Permit is sufficient for 749 Hale Street which is located within the outer reaches of Riverfront Area to Chubbs Brook which is across the Chanticleer Drive. She explains the proposal for an addition over an existing deck at the rear of the house within lawn, noting that the entire perimeter of the rear property is fenced in. Commission members are fine with a Minor Permit. Order of Conditions 19 Kittredge Street, DEP File #5 -1200, Brian McMahon Discussion ensues as to possible conditions to apply to the project and the applicant's reqesut for a waiver from the 25' NDZ. Berton notes that degraded conditions currently exist within the 25' NDZ and the proposal will improve and enhance conditions immediately adjacent to the stream. Paluzzi moves to approve the Order of Conditions as discussed under the Act and approve the project and grant a waiver from the 25' NDZ under the Beverly Ordinance, with the following Special Conditions as discussed: 1. The applicant shall obtain approval from the City of Beverly to perform the clean -up and restoration work along the stream bank on City -owned land. 2. Implementation of the proposed restoration areas is not optional, but a requirement of this approval. 3. All trees on site and within the restoration areas shall be preserved. 4. Any proposed tree pruning or deadwood removal and invasive species removal shall be reviewed with the Conservation Agent prior to work commencing or at the pre - construction meeting. 5. Trash, debris and litter in and along the stream channel and embankment shall be removed and properly disposed to the greatest extent possible. 6. Should the contractor(s) find or detect any suspect or potentially hazardous materials on site, the appropriate agencies shall be immediately contacted to determine best management practices for remediation /removal of said materials. The Conservation Commission shall be notified of such simultaneously. 7. The proposed plant species within the restoration areas shall not be substituted with other species without review and approval by the Conservation Agent. 8. The restoration plantings shall exhibit 75% survivorship after 2 growing seasons post installation. The Commission may withhold the issuance of a Certificate of Compliance until survivorship can be verified. 9. Prior to the issuance of a Certificate of Compliance, the limit of the restoration areas and entire 25 -Foot No Disturb Zone shall be marked with weather resistant monuments to be installed at approximately 30 -foot intervals. Proposed locations of these monuments shall be reviewed by the Conservation Agent prior to installation. These markers shall have plaques bearing language on their upland side reading "No Disturbance Beyond This Point By Order Of the Beverly Conservation Commission ". Said monuments shall be Conservation Commission October 4, 2016 Meeting Minutes Page 7 of 7 installed such that they are not less than 2 feet and no more than 4 feet above grade to ensure that they are visible in the field. 10. The monuments as described in Special Condition #9 above shall be kept in good repair and replaced as necessary. This condition shall survive in perpetuity beyond the issuance of a Certificate of Compliance. Seconded by Bertoni. The motion carries 6 -0. Draft Amendments to Beverly Wetland Regulations Maxner will provide the Commission a red -line version of proposed draft amendments that have been contemplated so far. She notes that a schedule for reviewing and adopting the amendments should be prepared. Adjournment Paluzzi moves to adjourn at 10:50 p.m. Seconded by Buchsbaum. The motion carries 6 -0. The next regular meeting of the Conservation Commission is Wednesday, October 26, 2016 at Beverly City Hall, 3rd Floor Council Chamber, 191 Cabot Street, Beverly, MA.