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10-26-16 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 26, 2016 Chair Christine Bertoni, Vice Chair Robert Buchsbaum, Richard Grandoni, Jenna Pirrotta, Tony Paluzzi, 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 Chamber, 191 Cabot Street, Beverly, MA. CERTIFICATES OF COMPLIANCE Cont: 400 Hale Street, DEP File #5 -1072 — Endicott College c/o Dennis Monaco Charlie Wear, Meridian Associates, representing the applicant describes Order for Science and Business Center and stormceptor unit as well as rain gardens that capture runoff from building which are landscape and water quality features. He mentions how the catch basins and stormceptors as well as rain gardens have been maintained annually. An inspection of infiltration basin has not been done which should be done moving forward. Discussion ensues about special condition on annual reporting to the Commission on O & M maintenance of stormwater management systems. Invoices were supplied from June 2015 and September 2016 relative to maintenance. Paluzzi moves to issue a Certificate of Compliance with on -going condition requiring yearly O &M reporting and standard perpetual conditions. Seconded by Buchsbaum. The motion carries 6 -0. Cont: 400 Hale Street, Beverly Wetlands Ordinance Approval File # 01 -2013 — Endicott College c/o Dennis Monaco Charlie Wear representing the applicant describes how construction of the Callahan Center rehab was completed in fall 2014. The College has maintained rain garden, and stormceptor has been pumped. A subsurface infiltration system needs to be inspected. He notes two possible issues: there are closed metal containers sitting on crushed stone that are used for storage for cafeteria supplies. Also 5 to 6 cars of staff are parked in the six foot wide crushed stone area adjacent to the IVW which was not called out in the approved plan. Conservation Commission October 26, 2016 Meeting Minutes Page 2 of 8 The Order expired in 2012. Discussion ensues as to this incursion into the 25' NDZ and how it should be addressed. Wear offers to confer with Monaco and bring suggested resolutions to the Commission. Paluzzi moves to continue this item until the November 16, 2016 meeting. Seconded by Bertoni. The motion carries 6 -0. New: 46 L.P. Henderson, DEP #5 -1144 - Alan Battistelli Maxner notes, the Order, issued in February 2015, governed the construction of a 75'x 65' airplane hangar, associated paved apron, utilities, grading, retaining wall and grass swale within 100 -foot buffer zone to bordering vegetated wetland, outside Beverly's local 25 -foot no disturb zone. She explains the Order underwent two Minor Modifications: 1. shifting location of proposed airplane hangar by 6 feet to the south, install a concrete block retaining wall around three sides of the perimeter of the building, install crushed stone between the building and 2. retaining wall, and addition of construction a 14'x 26' turnout area at the southeast corner of the hangar for maintenance. Jack Knock representing the applicant is present. Maxner notes she conducted a site inspection and observed the addition of a stone swale area with a perforated pipe that was installed along easterly edge of paved access drive and apron but is not in the NDZ. Knock explains this field change was done to help stop erosion from water shedding from upper paved runway and taxing corridors. Its intent was to deal with silt from top soil erosion which would eventually reach the wetland. Maxner observed no erosion where grass has grown back in and stable conditions at the perforated pipe discharge point. She states this makes sense in the field and a revised as -built plan has been provided reflecting this change. Paluzzi moves to issue a Certificate of Compliance with the following on -going conditions as well as standard perpetual conditions: 1. As discussed with and agreed to by the applicant, this hangar will only function to house and store an airplane. Maintenance, servicing, fueling or other related activities shall be prohibited within the hangar, associated apron or access drives. This condition shall run in perpetuity and survive beyond the issuance of a Certificate of Compliance. 2. Long -term storage of oils or any other chemicals within the hangar is prohibited. This condition shall run in perpetuity and survive beyond the issuance of a Certificate of Compliance. Seconded by Buchsbaum. The motion carries 6 -0. Minor Modification to Order of Conditions — DEP #5 -1137 — Mass. DOT Stephanie Snow and Scott Fisher representing the applicant are present. Snow explains the request for a minor modification to the existing Order of Conditions for a planting plan to provide screening for residents adjacent to the highway. Invasive plants in the area include bittersweet which is strangling existing growth and there are vigorous stands of knotweed which residents thought was an effective screen. Proposal is to get rid of the bittersweet and knotweed Conservation Commission October 26, 2016 Meeting Minutes Page 3 of 8 in the areas of planting to allow the newly installed trees to gain a footing for survival and shade out the invasive species. Some of the work is partially in the 200 -foot riverfront area to the Bass River. Evergreen trees will be planted and knotweed managed. Bittersweet removal is proposed to be done in the fall and plantings in the spring. The knotweed would be trimmed in the summer followed by further treatments in the fall. Snow goes on to note that the intent is to cut down bittersweet endangering trees at the stump and apply herbicide and spraying knotweed at the dripline of planted trees. The knotweed would be cut in May when it is 4 feet high and again in August for the next three years to 2019. Maxner notes that an extension for the Order would be needed for this. Buchsbaum moves to issue the Minor Modification approving the proposal. Seconded by Paluzzi. The motion carries 6 -0. Recess for Public Hearings Paluzzi moves to recess for public hearings. Seconded by Bertoni. 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 John Dick and Laura Gibson representing the applicant. Dick provides a recap of the project, noting the Essex County Greenbelt holds a Conservation Restriction on the property and is fine with this proposal. He notes other permits required including Chapter 91, 401 Water Quality and Army Corps of Engineers certification. He provides a review of the protocol for handling transplanting of the Widgeon grass. Buchsbaum notes that his research shows that Ruppia maritima (aka Widgeon grass) is a valuable habitat that is declining and the protocol proposed does not seem to be well documented or tested. Pirrotta asks what contingency plan is in place monitoring the survival of the grass and what will be done if it dies. Dick responds that they wish to complete transplanting by mid -April so that the grass will be handled when the root stocks and rhizomes are inactive. Bertoni reviews the resource areas impacted and notes the monitoring plan needs to evaluate density and function of the grass before and after construction. She asks if Dick has a sense for rate of siltation of the pond. Dick notes that the last time it was dredged was about 1991 and so about 25 years to build 2 to 3.5 feet of silt, noting that this pond has a low flow gradient at the end of the watershed before it discharges to the ocean. Bertoni asks if there are any questions from the audience. There are none. Conservation Commission October 26, 2016 Meeting Minutes Page 4 of 8 There being no further questions, Paluzzi moves to close the hearing. Seconded by Bertoni. The motion carries 4 -1 -1 with Buchsbaum opposed and Garniss abstaining. Cont: 17 Riverview Street — Elizabeth Jones Bill Manuell and Libby Jones are present. Manuell describes plan revisions that depicts replacing proposed floats with a 58 foot wooden pier and 24 foot gangway out to 10 foot by 20 foot float. The float will ground out at low tide so proposal is for large boulders underneath where the float legs would rest. Discussion ensued as to how skids would sink into mud and create possible turbidity. Manuell notes with the pier there is a longer run so the stairs will be relocated, and the original set of stairs will be removed. Concrete sinkers will be used to secure the float at its terminal end. The wooden piles will be driven from a barge sitting for the length of the project. In response to Pirrotta, Manuell explains that at low tide the applicant's aluminum boat will be winched up onto the float. Bertoni asks if there are any questions from the audience. There are none. There being no further questions, Buchsbaum moves to close the hearing. Seconded by Paluzzi. The motion carries 5 -0 -1 with Garniss abstaining. Cont: 50 Dunham Road — Vitality Senior Living, LLC c/o Chris Gugy Maxner reports the Commission received a request for a continuance. Grandoni moves to continue the hearing to the November 16, 2016 meeting. Seconded by Pirrotta. The motion carries 6 -0. Cont: 50 Dunham Road — Dunham Ridge, LLC c/o Mike Aveni Maxner reports the Commission received a request for a continuance. Paluzzi moves to continue the hearing to the November 16, 2016 meeting. Seconded by Bertoni. The motion carries 6 -0. Cont: 50 Dunham Road — Dunham Ridge, LLC c/o Mike Aveni Maxner reports the Commission received a request for a continuance. Paluzzi moves to continue the hearing to the November 16, 2016 meeting. Seconded by Bertoni. 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 and Judith Cronin of the YMCA are present. Wear describes project proposal to construct an education building, associated walkways, play area and utility connections within the 100 -foot buffer zone to an isolated vegetated wetland (IVW) and located across from the teen center. The project was filed under the local Ordinance. Conservation Commission October 26, 2016 Meeting Minutes Page 5 of 8 Wear explains that Windover has been hired as the contractor and has made value engineering suggestions that revise the building design/location, which may require plan revisions to be submitted. Discussion ensues as to stormwater treatment proposal and current systems on site including a constructed pocket wetland. Bertoni asks if there are any questions from the audience. Randy Warren, 278 Essex Street, notes his concern over the 2% increase of impervious surface. Wear notes that the changed plan will result in need for additional parking below on the site. Paluzzi moves to continue the hearing to the November 16, 2016 meeting in anticipation of plan revisions to be submitted. Seconded by Bertoni. The motion carries 6 -0. New: 476 Essex Street, DEP File #5 -1204 — Glenn Gourdeau Maxner reads the legal notice. Bob Griffin representing the applicant describes the project to remove the existing above ground pool and wooden deck attached to the existing residence and replace it with two -story building in -law addition, new patio and install an in- ground pool. He describes the wetland resources on site including BVW, 100 -foot buffer zone and a small portion of 200 -foot Riverfront at the southwest corner of the lot, that were flagged by Bill Manuell. He notes that the project is outside the Riverfront but is within the 25' NDZ as the site is constrained due to wetland and zoning issues, but all of the proposed work is in the area where there is currently lawn and a 750 sf mitigation planting bed is proposed on the southern end of existing lawn with shrubs and pin oak tree. 180 ft. of arborvitaes are planned for along Essex Street. Discussion addresses location of a proposed walkway which will be added to access the living area. Twelve to 18 inches of fill is proposed for around the pool. There would be a patio area on one side of pool and grass around the rest of the pool. Pool equipment is proposed to be located next to the building addition. Any backwash associated with the pool equipment will be directed to the dry well. Bertoni asks if any of the mowed grassy area is wetland. Griffin notes that Manuell did take soil samples to determine wetland line. Bertoni asks if there are any questions from the audience. There are none. A site visit is scheduled for Saturday, November 5 at 8:00. Buchsbaum moves to continue the meeting to the November 16 I meeting. Seconded by Paluzzi. The motion carries 6 -0. New: 100 Hull Street, DEP File #5 -1205 — MJP Properties, Inc. c/o Michael Panzero Maxner reads the legal notice. Bob Griffin and Michael Panzero are present. Griffin describes the 4.2 acre parcel with most of the property consisting of wetlands (3 acres) fed by drainage easement and storm drain on Hull Street. The property was approved as a 3 -lot ANR with the Planning Board. Two (1, 2) of three lots are within the Commission's jurisdiction and the wetlands were flagged in June by a biologist. He describes each lot and proposed house Conservation Commission October 26, 2016 Meeting Minutes Page 6 of 8 development on each both lots, associated grading, drainage management and other appurtenances all of which are outside the 25' NDZ. Bertoni asks for review of the proposed grading and import of fill, with Griffin providing details. Buchsbaum asks for a review on the drainage patterns and tree removal and resulting runoff. Griffin provides a review of the site in that regard. Maxner asks who flagged the wetlands, with Griffin responding wetland scientist Brendan Quigley. Bertoni asks if there are any questions from the audience. Greg Boghosian of 2 Wedgemere Rd. asks how far tree removal would extend and what the construction schedule would be. Griffin explains that trees would not be removed on site beyond 30 ft. from the dwellings. The proposed work is expected to begin in the late winter or spring. Ilene MacDonald of 3 Dondi Road, raises her concern about groundwater table issue in the area and impact on her property which gets water in her back yard. Griffin notes that each lot will have 2500 sf of impervious surface which is small in 3 acre wetland and size of watershed. Travis Pollio of 4 Temi Road, asks if a letter of guarantee that no water level rise will happen when project is complete could be provided. Griffin mentions that he could not guarantee results but feels confident that stormwater is accounted for and properly managed. Bertoni asks if Griffin can provide his stormwater calculations for the record, with Griffin agreeing. Discussion ensues with abutter about possibility of rats which could migrate once construction begins. Griffin notes that this could be addressed by the contractor. Griffin agrees to stake proposed corners of houses in preparation for the Commission's site visit. Griffin confirms that abutters are welcome to attend the site visit. Maxner reads an email from John Kwiatek of 8 Temi Road into the record. Maxner notes the Commission received a petition with a number of abutter's signatures in opposition to the project for reasons listed thereon. Maxner reads letter from Jane Martinson, 5 Dondi Road into the record. A site visit is scheduled for 8:40 a.m. on Saturday, November 5 at Hull Street. Paluzzi moves to continue the hearing to the November 16 meeting. Seconded by Bertoni. The motion carries 6- 0. New: 3 Crescent Court, DEP File #5 -1207 — Steven Longmuir Maxner reads the legal notice. Bob Griffin representing the applicant explains the proposed project consisting of a fixed pier and terminal floats and describes the resource areas found within the work areas. Buchsbaum asks the difference in tidal accessibly with current vs. proposed dock. Griffin notes the proposal will be about 150 -feet further out and will add about 2 hours of access on either side of high tide. He will make additional measurements to ensure float would not be too far out into the channel. Conservation Commission October 26, 2016 Meeting Minutes Page 7 of 8 Griffin addresses letter from the Division of Marine Fisheries and suggests that 18 inches is reasonable for height of float at low tide and notes that helical anchors versus concrete blocks could be used depending on conditions. A boat lift will be considered to get boat out of the water from low tide. Griffin mentions letter he received from neighbors that was critical of the length of the pier and possibility of cutting off access to channel in the river. He reiterates that Mr. Longmuir is sensitive to his neighbors' concerns and will asked Griffin to collect more data to determine any interference to channel access. Maxner reads letter from DMF that in part suggested a smaller dock and longer gangway. Discussion ensues about possibility of reducing length of float, gangway and pier to ensure the structure is not in the channel. Mike Jennings, 35 Crescent Avenue, speaks to how the shoreline has eroded in the area over the years where previously there were some house lots. He acknowledges that Mr. Longmuir does quality work on his property. Resident of 25 Crescent Avenue, expresses concern about encroachment on the channel, suggests a smaller structure would be more appropriate, and notes precedent such a project could set in the area as well as how neighbors can row to boats in the area. Jonathan Burke, 5 Jacobs Avenue, suggests that Mr. Longmuir is trying to get more access which limits access for neighbors but he is supportive of an appropriate scale project. He concurs that Mr. Longmuir has done quality work and acknowledges Mr. Longmuir's interest in working with neighbors. He also shows photographs of the area at plus one foot tide to the Commission. The neighbors suggest that the proposed project will only provide a half hour of water access based on tides, and recommends the length of the project could be 100 ft. maximum. The neighbors are worried about the ice that the pier could trap in the winter. Resident of 4 Jacobs Ave. expresses concern about the ice dams in the tidal area. Maxner reads the last paragraph of the letter of concerns received from abutters into the record. Griffin notes that he will be gathering data to address the neighbors' concerns. Buchsbaum moves to continue the hearing to the November 16t'' meeting pending a site visit scheduled for November 5t' at 9:30 a.m. Seconded by Paluzzi. The motion carries 6 -0. Old/New Business New: 7 Silver Court - Tree Removal Request — Kat Baker Discussion ensues with the homeowners about taking two silver maple trees down with stumps flush cut to the ground and materials removed. Maxner notes the work is in the 100 ft. buffer zone so not grinding the stumps would keep the coastal bank stabilized, which is gently sloped. Ms. Baker notes Dodge Tree has provided an opinion about poor health of the trees. Conservation Commission October 26, 2016 Meeting Minutes Page 8 of 8 Paluzzi moves to allow the cutting of the trees with flush cut stumps. Seconded by Buchsbaum. The motion carries 6 -0. New: 122 Cross Lane (Greening Way), DEP File #5 -1206 — Benco, LLC c/o Ben Carlson Maxner reads legal notice. Bob Griffin representing the applicant explains the Commission issued an ANRAD for the resource areas on and off site. He notes the Planning Board has approved this 3 -lot OSRD subdivision, which includes two acres of open space could provide a trail to Sally Milligan Park. He explains details of the stormwater infiltration feature in the buffer zone, noting that the site plan addresses comments from City Engineer Greg St. Louis. Griffin notes a stonewall berm will be constructed around the detention basin and it is outside of the 25' NDZ. He notes that test pits were done in a number of locations and there is adequate separation to the groundwater table. Paluzzi moves to continue the hearing to the November 16, 2016 meeting with members of the Commission visiting the site individually as their schedule allows. Seconded by Buchsbaum. The motion carries 6 -0. Orders of Conditions Maxner suggests that considering the late hour, the Commission could schedule a meeting after its site inspections on November 5t' to vote on the Orders for 17 Riverview and 675 Hale. Members agree to this. Adjournment Paluzzi moves to adjourn at 11:45 p.m. Seconded by Buchsbaum. The motion carries 6 -0. The next regular meeting of the Conservation Commission is Wednesday, November 16, 2016 at Beverly City Hall, 3rd Floor Council Chamber.