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11-05-16 BCC MinCITY OF BEVERLY PUBLIC MEETING MINUTES BOARD: SUBCOMMITTEE: DATE: BOARD MEMBERS PRESENT: BOARD MEMBERS ABSENT STAFF MEMBERS PRESENT OTHERS PRESENT: RECORDER: Conservation Commission November 5, 2016 Chair Christine Bertoni, Vice Chair Robert Buchsbaum, Jenna Pirrotta, Tony Paluzzi Amy Garniss & Richard Grandoni Amy Maxner, Environmental Planner Jane Dooley Bertoni calls the meeting to order at 10:15 a.m. at Beverly City Hall, 3 d Floor Conference Room B, 191 Cabot Street, Beverly, MA. Discussion Re: Decision & Issuance of Order of Conditions for 17 Riverview Street and 675E Hale Street Cont: 17 Riverview Street, DEP File #5 -1194 — construct workshop building, install new ramp and floats and perform various landscape repairs — Elizabeth Jones Discussion ensues as to performance standards under the State Act. Paluzzi moves to approve the project under the Act subject to general conditions. Seconded by Pirrotta. The motion carries 4 -0. Discussion ensues as to performance standards under the Ordinance Bertoni moves to approve the project under the Ordinance with Bertoni noting alternatives are limited to the lot as its existence and development with a single family house and associated appurtenances pre -dated the Riverfront and local Beverly regulations and the proposed structure is located as far from the river and as far outside the 25' NDZ as possible considering zoning and site maneuvering constraints. Maxner notes the proposed pier is a water dependent use and necessitates the placement of the pier and its associated structures within the wetland resource. Buchsbaum notes that the proposed 252 square feet of enhancement plantings along the bank and within the 25' NDZ provide adequate mitigation for said incursions. Bertoni moves to approve the project under the Ordinance and grant the waiver, issue standard conditions and the following special conditions as discussed: 1. Prior to work commencing on the pier, float or gangway, a revised plan shall be submitted showing details of tackle and associated appurtenances for these structures. 2. Prior to work commencing on the pier, float or gangway, 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 Conservation Commission November 5, 2016 Meeting Minutes Page 2 of 5 anchors are or are not feasible in this location shall be forwarded to the Commission for review. 3. The use of non -CCA treated lumber shall be required for all parts of the pier and floats where feasible. 4. Piles for the pier shall be driven and not jetted. As described by the applicant representative during the public hearing, installation of the piles shall take place from a barge floated in at high tide and supported by spuds at low tide. 5. 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. 6. 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. This condition shall survive in perpetuity beyond the issuance of a Certificate of Compliance. 7. 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. 8. The owner shall be required to report to the Conservation Commission if 50% or more of the pier and associated structures are damaged. The Conservation Commission shall review damage report and provide guidance as to proper permitting for repairing damaged sections of the structure. This condition shall survive in perpetuity beyond the issuance of a Certificate of Compliance. 9. As described during the public hearing by the applicant and representative, the terminal float shall be equipped with a winch to haul any watercraft up on to the float for storage. Therefore 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. 10. If the float and gangway is removed seasonally they shall be moved and stored in and upland location outside flood zone for winter storage and care shall be taken to protect them before major storm events. This condition shall survive in perpetuity beyond the issuance of a Certificate of Compliance. 11. If any work is proposed on the existing retaining wall or rip rap retaining wall/seawall the applicant shall present such proposed work to the Commission for its determination as to whether this Order should be modified amended or a new NOI be submitted. 12. The existing trees located along the westerly property line, labeled as "save these trees" on the approved plan, shall be preserved and only minimally pruned. 13. Removal of the existing waterside wooden platform and stairs on coastal bank is a requirement of this Order. Seconded by Paluzzi. The motion carries 4 -0. Cont: 675E Hale Street, DEP File #5 -1196 — dredge pond — Christopher & Hillary Gabrieli Discussion ensues proposed mitigation is proposed with planting of native vegetation. The Commission reviews how the Ruppia will be moved to allow dredging of sediment in the pond and how it could successfully survive once placed back on the bottom of pond. There was also mention of need for information about a designed pilot program for dredging where Ruppia Conservation Commission November 5, 2016 Meeting Minutes Page 3 of 5 (including density in the pond) is an element of a project and effective survival. In addition, that such a pilot program could be done by May as a precursor to the Commission permitting a full - fledged pond dredging project. At that time the Commission would go on site to confirm that Ruppia is surviving the dredging. The Commission members agree that it needs more information on the efficacy of proposed transplantation of the Ruppia (no more than a quarter, or possibly a tenth, of the plant material located in the pond — possibly area 8 or 9 and no further than the eastern shore of the island) especially associated with the likelihood of survival success. Maxner notes this could delay the work on the proposed complete dredging project for another season. Bertoni notes that it needs to be clear that his Order of Conditions permits the applicant to carry out a controlled portion/subsection of the dredging in order to gather more information as to the means and methods necessary to protect the functions, values and interests of the wetland resource areas. Members agree. Buchsbaum moves to issue approval subject to compliance with the following conditions as discussed: 1. The applicant shall provide additional information as to the estimated coverage of Rupia maritina within the pond so that a baseline of locations and overall density of the plant can be established prior to undertaking any activity. 2. The applicant shall provide additional information to clarify rationale for management of Hibiscus (if any) and provide more detail on landscape plantings (if any) in the project vicinity. 3. The applicant shall prepare /design a protocol for dredging an area of the pond that is no greater than the combined square footage of Area 8 and 9 as depicted on the proposed plan. The location of this subsection of dredging within the pond can be at the applicant's discretion depending on known site conditions and pond access logistics. The protocol shall, at a minimum, include the following information: a. Location and square footage of dredging subsection; b. Proposed erosion controls; c. Estimated s.f coverage of R. maritma within dredging subsection; d. Step by step process and description of equipment for handling R. maritima during removal, holding and transplanting; e. Outline as to the equipment and personnel to be employed during dredging and R. maritima management and their respective function, roles, oversight and supervision; f. Estimation of volume of surge stone to be used for causeway access within the pond; g. Project milestones at which site inspections with the Commission or its Agent should take place; 4. This protocol shall be presented to the Commission at a regular meeting for review and comment. Conservation Commission November 5, 2016 Meeting Minutes Page 4 of 5 5. The dredging subsection and associated protocol shall be carried out with appropriate supervision as prescribed /necessary, including any comments or recommendations offered by the Commission. 6. Project principles shall evaluate success /failure of the dredge subsection process /protocol and R. maritina transplanting efforts. This evaluation shall inform the protocol as to revisions for process /procedures of all steps involved to be applied to the entire proposed dredge area. 7. The evaluation and updated protocol shall be presented to the Commission under a request for an Amended Order of Conditions for the entirety of the project. Under the Amendment process, the Commission will then have additional information not currently available to fully condition the entire project and make further findings as appropriate. Seconded by Pirrotta. The motion carries 4 -0. Other Business New: Draft Amendments to Beverly Wetlands Regulations — Chart Review and Adoption Schedule The Commission schedules a weekday evening meeting (Thursday, December 15 at 7:00 p.m.) to discuss amendments to Beverly Wetlands Regulations. Other... Extensions, Emergency Certifications, Enforcement Orders, Correspondence 11 Landers Drive — Tree Removal Request The Commission reviews a request to remove two conifer trees located directly adjacent to the southeast corner of the house within the outer reaches of the 100 -Foot Buffer Zone to bank of the pond at 11 Landers Drive. Maxner provided photos of the subject trees for their review and explained that the trees are planted within a landscape bed and causing mold issues being so close to the house. Paluzzi moves to approve the removal request subject to the following conditions: • If tree stumps are to be ground out, the cuttings should be taken off site; • Should you propose to replant in that area, please contact me to ensure that appropriate native species will be installed. Seconded by Bertoni. The motion carries 4 -0. 55 Beaver Pond Road — Tree Removal Reauest Maxner notes that the arborist evaluation explained that the two white pines are located within striking distance of the house at 55 Beaver Pond Road, and they are located on the hillside which is experiencing soil erosion that may start to compromise the root structure and are within the outer reaches of the 100 -Foot Buffer Zone to the bank of Beaver Pond. She notes the pond is located across the street from the subject property. She provided photos of the subject trees for the Commission's review. Paluzzi moves to approve removal of two trees subject to the following conditions: • A crane shall operate from the driveway and front side of the house and not any further into the buffer zone. Conservation Commission November 5, 2016 Meeting Minutes Page 5 of 5 • The trees shall be flush cut to grade and not ground out. The root structure shall be left untouched. • All debris associated with the removal of these two trees shall be taken off site for disposal at an appropriate facility. Seconded by Bertoni. The motion carries 4 -0. 62 Dunham Road — Wetland Delineation /Settlement Maxner reports on her review of the previously delineated wetland line per the settlement agreement that she observed in the field along with John Maestranzi and Bill Manuell. The limit of the buffer zone has been staked in the field and the erosion control will be refreshed (in certain spots double row of staked hay bales will be needed). She notes that the wetland line is somewhat conservative and seems reasonable. She notes that the proposed Iron Tree building and associated site work is outside the 100 -foot buffer zone. Paluzzi moves to approve wetland line confirmation/building permit sign off. Seconded by Buchsbaum. The motion carries 6 -0. Approval of minutes Paluzzi moves to approve the May 3, 2016 minutes as amended. Seconded by Buchsbaum. The motion carries 4 -0. Paluzzi moves to approve the May 25, 2016 minutes as written. Seconded by Buchsbaum. The motion carries 4 -0. Expenditure Approvals Paluzzi moves to renew Conservation Commission membership to Ipswich River Watershed Association for $100 at the "Friend" level. Seconded by Bertoni. The motion carries 4 -0. Paluzzi moves to approve reimbursement to Amy Maxner for the 4 -month period from July — October 2016 of $174.60 for 388 miles that she accumulated while carrying out Conservation Commission tasks /business. Seconded by Buchsbaum. The motion carries 4 -0. Adjournment Paluzzi moves to adjourn at 12:30 p.m. Seconded by Buchsbaum. The motion carries 4 -0. The next regular meeting of the Conservation Commission is Wednesday, November 16, 2016 at Beverly City Hall, 3rd Floor Council Chamber.