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03-29-17 BCC MinCITY OF BEVERLY PUBLIC MEETING MINUTES BOARD: SUBCOMMITTEE: DATE: BOARD MEMBERS PRESENT: BOARD MEMBERS ABSENT STAFF MEMBERS PRESENT OTHERS PRESENT: RECORDER: Conservation Commission March 29, 2017 Chair Christine Bertoni, Vice Chair Robert Buchsbaum, Rick Grandoni, Tony Paluzzi (arrived at 7:15 p.m.), 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, 3rd Floor Council Chamber. Beverly, MA. CERTIFICATES OF COMPLIANCE New: Offshore Waters of Massachusetts Bay. DEP File #5 -925 – Neptune LNG. LLC Dan McPherson representing the applicant explains the project involving installation of an underwater- buried 24 -inch diameter natural gas pipeline in association with deepwater port crossing 0.72 miles of the territorial waters of Beverly that was laid in 2008. He notes that in 2009 assets were put in place to connect to the pipeline and project commissioned in 2010 and there have not been any failures in the pipeline since. He notes per DEP and other permitting agencies, sites were monitored for two and a half years. Most of the pipe is buried down three feet, with some sections of the pipe buried at 18 inches deep due to refusal in some areas. Inspections will continue of the pipeline. Buchsbaum moves to issue the Certificate of Compliance. Seconded by Bertoni. The motion carries 5 -0. REQUEST FOR DETERMINATIONS OF APPLICABILITY New: 44 -46 River Street — Mass. Electric/National Grid Maxner reads the legal notice. Timothy Sullivan of VHB the applicant's representative describes how the project consists of repairing asphalt and repaving sections of site which is located at National Grid's site at 44 -46 River Street. The proposal is to mill the top layer of asphalt and installation of the same in new pavement in the existing footprint of aboout 97,500 sf. Work to take place within 200 -foot Riverfront Area, Land Subject Coastal Storm Flowage, 100 -foot buffer zone to Coastal Bank and 25' NDZ. He explains that four monitoring wells within the Conservation Commission March 29, 2017 Meeting Minutes Page 2 of 5 project area will be decommissioned since they are no longer being used. Discussion ensues about drainage and deep sump catch basin with filtering silt sock to catch silt. Maxner will do a pre - construction site visit to ensure erosion controls are in place. Bertoni moves to issue Negative #2 and #3 Determinations with conditions as discussed. Seconded by Buchsbaum. The motion carries 5 -0. New: End Longview Terrace (between Hill Street & Patton Park) — Shore Country Day School c/o Ann Marie Flynn Maxner reads legal notice. Ann Marie Flynn and Whitney Morris Shore Country Day School representative describes the area located at the end of and behind Longview Terrace at the end of Hill Street a vacant piece of wooded land owned by the School. She notes the School proposes to create pathways and outdoor classroom meeting space along the edge of the intermittent stream and associated BVW She explains the proposal to remove trash and litter, create outdoor seating with logs, remove invasive species and poison ivy with "Burnout" concentrate that would be sprayed. Buchsbaum moves to issue a Negative #3 Determination with the following conditions: 1. Should "Burn Out" prove unsuccessful in killing any of the target plant species, the applicant shall report back to the Commission to discuss alternative management methods if needed. Seconded by Paluzzi. The motion carries 5 -0. RECESS FOR PUBLIC HEARINGS Paluzzi moves to recess for public hearings. Seconded by Bertoni. The motion carries 5 -0. ABBREVIATED NOTICES OF RESOURCE AREA DELINEATION Cont: 20, 30 & 40 Webster Avenue — Benco LLC c/o Ben Carlson The Commission rescheduled the site inspection for Saturday, April 8, 2017 and the hearing to April 11, 2017. Maxner notes that she and Garniss will be meeting with Bill Manuell at the site on April 4, 2017. NOTICES OF INTENT /ABBREVIATED NOTICES OF INTENT/REQUESTS FOR AMENDED ORDERS OF CONDITIONS Cont: 109 Water Street, DEP File #5 -1210 — Tuck Point Condominium Trust c/o Mark Silva Maxner notes this agenda item was continued to the April 11, 2017 meeting. Cont: 50 Dunham Road — Dunham Ridge, LLC c/o Stephen Drohosky Conservation Commission March 29, 2017 Meeting Minutes Page 3 of 5 Mike Aveni representing the applicant describes intention to do pre - emptive drainage on the west side of 50 Dunham Road. He addresses proposal for stormwater management system (open detention pond) which would be closer to the resource area. Maxner notes the Commission continued the hearing so that project reps could be in attendance when the Commission votes to secure a peer review which would be focused to stormwater design and its compliance with MA stormwater standards based on possible development on top of the hill area (i.e., 75% build -out, impervious surface — pavement, roof). Buchsbaum moved to engage a third party peer review as discussed and outlined by Maxner, and continue the hearing until the May 2, 2017 meeting. Seconded by Pirrotta. The motion carries 5- 0. New: L.P. Henderson Road, east side airport — 1010 Hangars, LLC Maxner reads the legal notice. Peter Ogren, Hayes Engineering, representing the applicant explains how the organization has a lease to construct a new hangar at Beverly airport. The construction of hangar and access way will occur within 100 feet of bordering vegetated wetland. The applicant proposes to construct a 25,000 + s.f airplane hangar, associated parking, concrete apron, utilities and stormwater structures within the 100 -foot buffer zone to BVW. Ogren notes there are two runways currently being used at the airport. A third runway has been abandoned and the applicant proposes to use some of this area for the hangar project. A full stormwater management report has been provided that includes a detention pond outside of 25 foot buffer zone. Maxner recommends that the Commission hold a site visit and ask the City Engineer to review the drainage as the Planning Board will be reviewing this as well under a special permit for the watershed overlay district. The Commission scheduled a site visit for 10:45 a.m. on April 8, 2017. Buchsbaum moves to continue the hearing until April 11, 2017. Seconded by Paluzzi. The motion carries 5 -0. Reconvene Regular Meeting Paluzzi moves to reconvene the regular meeting. Seconded by Buchsbaum. The motion carries 5- 0. OLD /NEW /OTHER BUSINESS Cont: 48 Dunham Ridge (50 Dunham Road), DEP File #5 -1118 — Dunham Ridge, LLC c/o Stephen Drohosky Mike Aveni representing the applicant summarizes status of construction of mixed use commercial building and garage that has occurred at the site for building 48. He notes they are seeking an extension is for 12 months so site work can continue including walkways as well as Conservation Commission March 29, 2017 Meeting Minutes Page 4 of 5 enhancement plantings (75% survival rate, 2 years post installation). Maxner notes that the discharge point of subsurface drainage system had been observed after significant storms and Maxner reports favorably on site conditions in this vicinity. Paluzzi moves to issue the extension to the Order of Conditions for one year. Seconded by Bertoni. The motion carries 5 -0. New: Rear McKay Street, DEP #5 -1171 — proposed planting plan — Windover McKay, LLC Joe Orzel of Wetlands Preservation, Inc. representing the applicant summarizes the post invasive species removal planting plan and mentions dense invasive species that were at the site. He reviews the separate planting areas, including what invasives were removed and what will be planted in their place. Discussion ensues as to site conditions, chosen plant native species and after care. Paluzzi moves to approve the planting plan as presented with the following additional conditions as discussed: • Trash removal is hereby allowed and be limited to items that do not need digging or excavation for their removal. • Pruning of dead or viable limbs of Spruce trees is allowed up to 15 feet maximum. • Should any of the proposed planting species exhibit mass mortality or failure, an alternative mix of native species shall be proposed and presented to the Commission for review. • All conditions issued under the original Order continue to apply. Seconded by Buchsbaum. The motion carries 5 -0. Cont: 100 Hull Street, DEP File #5 -1205 — proposed tree removal alternative — Michael McNiff McNiff is not present to represent the request. Maxner explains that the Commission had placed a condition on the approved plan that a large beech tree be preserved. She notes that the City Arborist has recommended that it be removed as it is no longer protected by other trees and it is now vulnerable and suggested that a small cluster of beech and other trees be maintained by the Essex Street frontage. Members review the plan and agree that all of the trees in question should be left, with Bertoni and Grandoni noting they visited the site and see no signs of disease or failure in the tree. New: MACC Sign on to letter to Governor Baker re: interstate gas pipelines Discussion ensues about how the letter, developed by MACC, has been sent to Gov. Baker signed by Conservation Commissions around the state asking the Governor to prohibit gas pipelines. Bertoni notes that individual members should write a letter if they feel compelled. Cont: Draft Amendments to Beverly Wetlands Regulations — Update on review Conservation Commission March 29, 2017 Meeting Minutes Page 5 of 5 Maxner notes that special Counsel Jeff Roelofs is continuing his review. She will recommend a separate meeting should be held with the Commission for Jeff to review and consult with the members. She will keep the Commission updated on this front. New: Staircase to beach repairs at end of Lawnbank Road — c/o George Stairs Maxner notes that residents of Lawnbank Road area have inquired with the Commission about permit requirement to replace wooden steps to beach. The neighbors would like to replace the steps that are currently there and use stainless steel fasteners. Discussion ensues and members agree that an RDA would be appropriate. New: Other... Discussion or Action Items Related to Commission Business Waring School proposed land swap Bertoni reads letter from the City Solicitor regarding the Waring School proposed land swap into the record. Discussion ensues about the history of the stewardship of the land and concern from donor's family relative to the School using a portion of the land for a soccer field as well as the potential land swap. Bertoni expresses her disappointment that based on the City Solicitor's previous opinion and guidance, the Commission had followed the Solicitor's recommendation and voted not to move forward with the land swap. Maxner notes the Mayor had asked to revisit the situation and seek a solution with the School. Discussion addresses how the City Solicitor could be asked to attend a Commission meeting for discussion to ensure transparency and clarification on the latest approach to the situation. Bertoni will make a phone call to the City Solicitor on the matter. Adjournment Paluzzi moves to adjourn at 9:50 p.m. Seconded by Buchsbaum. The motion carries 5 -0. The next regular meeting of the Conservation Commission is Wednesday, April 11, 2017 at Beverly City Hall, 3rd Floor Council Chamber.