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02-07-17 BCC MinCITY OF BEVERLY PUBLIC MEETING MINUTES BOARD: SUBCOMMITTEE: DATE: BOARD MEMBERS PRESENT: BOARD MEMBERS ABSENT STAFF MEMBERS PRESENT OTHERS PRESENT: RECORDER: Conservation Commission February 7, 2017 Chair Christine Bertoni, Vice Chair Robert Buchsbaum, Amy Garniss, Tony Paluzzi, Jenna Pirrotta Richard Grandoni Amy Maxner, Environmental Planner Greg St. Louis, City Engineer 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 New: 480 -486 Rantoul Street, Ordinance approval 2008 — Beverly Crossing 480, LLC Maxner explains that this expired Order, issued in March of 2008, governed construction of a parking lot with associated grading, drainage system, utilities, landscaping and paving as part of a proposed commercial /retail development. She reminds the Commission that the jurisdictional area was an isolated wetland that is regulated under the local Ordinance. Only a drainage line and subsurface work were done per the Engineer's certification letter. She notes the Commission will recall that the current owner came before the Commission with an ANRAD and new NOI which was approved for a 90 -unit residential building and associated parking project that is underway. Paluzzi moves to issue a Certificate of Compliance. Seconded by Buchsbaum. The motion carries 5 -0. New: Otis RoadBrimbal Avenue, DEP File #5 -646 — City of Beverly c/o Gregory St. Louis, City Engineer Maxner notes the Order, issued in November of 1998, governed the closure of the City's municipal landfill. City Engineer Greg St. Louis explains the closure work was completed in mid -2000 and a final wetland monitoring /evaluation report was provided in October of 2000. Maxner notes she visited the site and it is stable. St. Louis concurs about status especially relative to testing which has shown no problems or exceedances. In response to Buchsbaum, St. Louis notes the landfill will be mowed on a regular basis to protect the cap. Conservation Commission February 7, 2017 Meeting Minutes Page 2 of 8 Buchsbaum moves to issue a Certificate of Compliance. Seconded by Paluzzi. The motion carries 5 -0. UESTS FOR DETERMINATION OF APPLICABILITY New: 2 Pond View Lane — James & Catherine Sheehan Maxner reads the legal notice. James Sheehan describes the proposal for installation of a 4 foot white vinyl fence to be located on grass area in front of 25' No Disturb Zone (which is marked on the plan submitted with the RDA) that would run length of backyard and be 20 feet back from house. He notes there is a deck in the backyard. Bertoni notes that the fence will need to be designed with a 4 to 6 inch gap at bottom, Sheehan agrees. In response to Paluzzi, Sheehan explains that a post hole would be dug every 6 to 8 feet and any material dug up will be used to improve lawn area or removed offsite. Maxner reminds Sheehan that no yard waste dumping in the buffer zone or wetland can take place. Paluzzi moves to issue a Negative #3 Determination with the following conditions as discussed: 1. The bottom of the fence shall have at least 4 inches of space between the bottom member of the fence and the ground surface to allow for small wildlife movement. 2. Soil excavated from post holes shall be taken off site and disposed of properly, not within the 100 -foot buffer zone or wetland. 3. Yard waste or other debris shall not be dumped or deposited in the wetland and 25- Foot No Disturb Zone. This condition shall be on- going. Seconded by Buchsbaum. The motion carries 5 -0. New: 202 Greenwood Avenue— Michael Pescatore Maxner reads the legal notice. Michael Pescatore speaks explains the project to construct an addition, garage and patio within the outer reaches of the 100 -foot buffer zone to BVW He notes a wetland delineation was done in October 2016. The deck would be rebuilt 2 feet larger to be closer to the pool, the hip- roofed garage and mudroom will be on a concrete slab and house addition will have a crawl space. A gutter system will used to collect roof runoff. Discussion addresses possibility of use of dry well or stone drip edge to mitigate runoff on site. Pescatore confirms the extension to the patio will use pavers and that equipment access and materials storage will be from the driveway, outside of the 100 foot buffer zone. Erosion control/limit of work will not be beyond the pool area. Paluzzi moves to issue a Negative #3 Determination with the following conditions as discussed: 1. At the time of Building Permit application and before Conservation Commission sign off on same, the applicant shall submit to the Commission for review and approval, a method and design for infiltrating roof runoff from the proposed garage. 2. The limit of work shall be cordoned off with silt fence prior to work commencing. 3. Construction equipment and materials as well as any soils or debris generated from the project shall be staged and stored outside the 100 -foot buffer zone. Seconded by Buchsbaum. The motion carries 5 -0. Conservation Commission February 7, 2017 Meeting Minutes Page 3 of 8 Recess for Public Hearings Paluzzi moves to recess for public hearings. Seconded by Bertoni. The motion carries 5 -0. NOTICES OF INTENT /ABBREVIATED NOTICES OF INTENT/REQUESTS FOR AMENDED ORDERS OF CONDITIONS New: 109 Water Street, DEP File #5 -1210 — Tuck Point Condominium Trust c/o Mark Silva Maxner reads the legal notice. Curtis Cheney and Wally Mosier with Collins Engineers, representing the applicant, explain intent to fill voids in 30 foot segment of seawall at condominium property, install steel sheet pile bulkhead with batter support piles, and replace stormwater pipe and catch basin. Cheney explains installation of sheet pile wall and work associated with the stormwater pipe /catch basin replacement. Proposed work would occur from a barge in the harbor, and piles will be vibrated in. Dredging is not expected to occur in the area. Cheney reviews the resource areas impacted that include land under the ocean, coastal bank, land subject to coastal storm flowage and associated performance standards. Bertoni asks the reason for the 3 -foot offset into land under water from existing edge of bulkhead. Mosier explains that they anticipate encountering debris from the existing failing wall and want to make sure the sheet piles do not conflict with errant debris, concrete or granite blocks that may be within 3 feet of the wall in mudline. In response to Buchsbuam, Cheney notes that during his visits on side he observed no indication of shellfish in the area where the seawall work will occur. Maxner reads the comment letter from the Division of Marine Fisheries into the record. Bertoni asks if there are any comments or questions from the audience. Mike Barrelli, 77 Water Street, concurs that there are no shellfish in the area and expresses concern about impact of the sheet pile wall and its encroachment on his property's loading area. Bertoni notes that will be something the Commission will look at during its site visit. Barrelli also notes that there is a lot of conductivity /electrolysis in the salt water and questions the longevity of the proposed project for that reason. The Commission schedules a site visit on Saturday, February 18 at 10:00 a.m. Paluzzi moves to continue the hearing until March 7, 2017. Seconded by Buchsbaum. The motion carries 5 -0. New: 6 Marsh Avenue — Beth Ferreira Maxner reads the legal notice. Bob Griffin representing the applicant describes the intent to reconstruct the seawall and install a 16 foot gangway and 10 by 10 foot float. Work to take place within the following resource areas: 200 -Foot riverfront area, coastal beach, coastal bank, land containing shellfish, and land subject to coastal storm flowage, and all of the work would be Conservation Commission February 7, 2017 Meeting Minutes Page 4 of 8 within the 100 foot flood elevation. Griffin describes site and seawall conditions, noting that the lot is very small and access to the seawall is tight. Bertoni asks if a Chapter 91 will be required, with Griffin noting it will not as it is not below MHW. Pirrotta asks if boats will be tied to this float. Griffin states not to his knowledge. Buchsbaum asks if ice damage is a possibility. Griffin notes there isn't much energy in this area so he doubts that will be a concern. Bertoni asks if there are any questions from the audience. There are none. Paluzzi moves to close the hearing. Seconded by Buchsbaum. The motion carries 5 -0. New: 400 Hale Street — Endicott College c/o Dennis Monaco Maxner reads legal notice. Chris Gajeski, Meridian Associates, and Dennis Monaco are present representing the applicant. Gajeski describes the proposed water quality infiltration trench to catch existing runoff from roadway and gravel area at the utility entrance of the Callahan Center. He notes cedar post bounds will be installed to prevent encroachment by cars further into the NDZ and in resource area. A section of the access drive will be will be removed and most of it will be repaved, with a small section reverting back to grassy shoulder. He describes the water quality trench details and function. Bertoni notes that this proposal had been previously discussed and the Commission required an NOI. She asks if there are any questions from the audience. There are none. Buchsbaum moves to close the hearing. Seconded by Paluzzi. The motion carries 5 -0. OLD /NEW BUSINESS New: 476 Essex Street, DEP File #5 -1204 — Glenn Gourdeau — Minor Modification to Order of Conditions Bob Griffin representing the applicant notes the project allows for removal of above ground pool, installation of in- ground pool, and building an addition. He explains this modification is for the revised location of the addition to be closer to the street and away from the wetlands. An open deck has been added in the back on three to four posts to the three- season porch which is closer to the wetlands than the first proposal. Stairs are included in the plan to the upper deck. Pavers will be installed under the deck. Plants could be moved by the staircase. Mitigation is still being done on the southerly section by moving fence and doing plantings. Buchsbaum moves to approve the Minor Modification. Seconded by Paluzzi. The motion carries 5 -0. New: Standley Street Gardens, DEP File #5 -1166 — R.C. Realty Construction & Development, LLC c/o Thomas Carnevale — Minor Modification to Order of Conditions Conservation Commission February 7, 2017 Meeting Minutes Page 5 of 8 Thomas Alexander, attorney for the applicant addresses the Commission with a proposed modification to Special Condition # 8. He reviews modified language that would allow occupancy permits to be released except for the last house in the buffer zone, at which time the buffer zone restoration plantings must be completed. Bertoni asks what the hardship to the developer would be if this modification did not get approved. Alexander explains that the work associated with house construction would conflict and encroach into the buffer zone restoration area, and therefore it would be more efficient for the restoration area be finished last. Buchsbaum moves to approve the following Minor Modification to Order of Conditions as discussed: Revise language of Special Condition 48 to read: The buffer zone restoration and adjacent Conservation Commission parcel clean -up efforts shall be completed prior to Conservation Commission sign off and issuance of the Certificate of Occupancy for the last of the 4 lots within the subdivision located within the 100 -foot buffer zone, but in any event said restoration shall be completed no later than September 30, 2017. Said buffer zone restoration plantings shall receive watering /irrigation if natural precipitation levels are not adequate to maintain survivorship. The Conservation Agent shall verify buffer zone clean up and restoration prior to sign off on CO. Seconded by Paluzzi. The motion carries 5 -0. 254, 272 & 282R Essex Street, Beverly Wetlands Ordinance Approval File #: 2017 -01 — Special Condition Follow Up Charlie Spicer, of Windover Construction representing the applicant, describes YMCA's proposed project to build education center and expand existing parking lot as well as existing fitness center. He is before the Commission per Special Conditions 1, 2 & 3. Spicer explains that revised plans were provided per City Engineer's comments. He notes that a geotechnical analysis is underway but they would like to start with hammering the ledge. Bertoni recuses herself because she was not at the meeting when special conditions were discussed. Discussion ensues as to test pits, which Spicer would like to start. Discussion ensues as to allowable work pending the submission of a geotech and blasting report. Paluzzi moves to approve the following minor modifications as discussed: Modify Special Condition #2 to read: The applicant may proceed with erosion control installation, holding a pre - construction meeting with the Conservation Agent and then perform test pits within the buffer zone in the vicinity of both the proposed education building and parking lot. Test pits are to obtain additional information as to bedrock conditions and ground water conditions to determine the need for blasting as well as stormwater BMP design. Once available, the applicant shall provide and present test pit information and a blasting plan (if necessary) to the Commission at a meeting. The Commission shall review this information and determine whether its findings warrant re- opening the public hearing for a more complete in- depth review of the information. Seconded by Garniss. The motion carries 4 -0 -1 with Bertoni abstaining. Conservation Commission February 7, 2017 Meeting Minutes Page 6 of 8 New: Rices Beach Dune Restoration Enforcement Order — monitoring report — William Mead c/o John Dick, wetland consultant Maxner reports that the restoration has been undertaken and area has been cordoned off, and the project wetland scientist has provided a monitoring report indicating the beach grass is doing well. The Commission is encouraged to visit the site later in March early April. New: 10 Fitzgerald Way —Anthony DiPaolo Maxner explains the location of the tree removal request, which is on Commission held land on a bank to intermittent stream. She notes the homeowner is very concerned about the hazard posed by the tree labeled with purple ribbon in photos provided due to the root being undercut by stream flow erosion. Mr. DiPaolo's wants to avoid damage and expense to his property since another tree fell from the Con Com land on his shed. Maxner notes he is asking that this tree be cut by the City to abate the hazard. Bertoni notes that she recalls that this is a City Arborist matter as previously determined by the City Solicitor. Maxner notes that the Arborist always seeks the Commission's approval if the subject tree is on Con Com land. Members agree that the tree can be removed and refer to the City Arborist for logistics. Cont: Draft Amendments to Beverly Wetlands Regulations — Review /discussion of possible proposed amendments Maxner notes the draft amendments were sent to the City Solicitor and special counsel Jeff Roelofs for their review and input and she will report back once she hears feedback from either. New: Review of Minor Project Permits Issued by Agent since last meeting — None New: Expenditure Approvals Paluzzi moves to approve the mileage reimbursement to Amy Maxner for the 3 -month period of November & December 2016 and January 2017 of $90.00 for 200 miles. Seconded by Garniss. The motion carries 5 -0. Request for Certificate of Compliance for 19R Linden Avenue, DEP File #5 -639 Maxner notes this old Order governed construction of a house which was never undertaken and the Commission required that this be closed out prior to work beginning on the new Order just issued for this lot. Paluzzi moves to issue a Certificate of Compliance for 19R Linden Avenue. Seconded by Garniss. The motion carries 5 -0. Emergency Certifications for 6 and 11 Quincy Park and photos of site conditions Maxner explains that emergency work on fixing a large sink hole just behind the seawall was approved by the Chair and Vice Chair and work has been completed. Maxner will visit the site and report her findings. She reminds the Commission that these two properties recently received Orders of Conditions for rip rap revetments, for which Chapter 91 Licenses were issued. Bertoni Conservation Commission February 7, 2017 Meeting Minutes Page 7 of 8 notes that the Emergency Certs required NOIs for the sinkhole work and should be forthcoming. Maxner will remind the project engineer of this. ADUroval of Minutes Buchsbaum moves to approve the July 13, 2016 minutes as amended. Seconded by Paluzzi. The motion carries 3 -0 -2 with Pirrotta and Garniss abstaining. Buchsbaum moves to approve August 24, 2016 minutes as amended. Seconded by Bertoni. The motion carries 4 -0 -1 with Garniss abstaining. Paluzzi moves to approve the December 6, 2016 minutes as amended. Seconded by Bertoni. The motion carries 5 -0. Buchsbaum moves to approve the December 15, 2016 minutes as amended. Seconded by Bertoni. The motion carries 5 -0. Paluzzi moves to approve the January 4, 2017 minutes as amended. Seconded by Buchsbaum. The motion carries 5 -0. Orders of Conditions 6 Marsh Avenue— Beth Ferreira, DEP File #5 -1211 Discussion ensues as to the project and potential conditions for the Order. Maxner notes that waivers were sought for work in the 25' NDZ as well as the resource area itself. Discussion ensues as to the waivers, with Bertoni noting work within the resource and 25' NDZ cannot be avoided due to site constraints and the nature of seawall repair. Paluzzi moves to approve the project under the State Act and Beverly Ordinance, and issue Standard Conditions and the following Special Conditions and approve the waiver to the 25' NDZ as discussed: 1. Work on the seawall shall be undertaken during low tide to the maximum extent possible. 2. The use of non -CCA treated lumber shall be required for all parts of the float where feasible. 3. As recommended by Division of Marine Fisheries, the applicant shall use skids as opposed to stones on float feet to achieve required separation of 18" between mudflat and bottom member of the float. This condition shall survive in perpetuity beyond the issuance of a Certificate of Compliance. 4. 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. This condition shall survive in perpetuity beyond the issuance of a Certificate of Compliance. 5. Ropes, not metal chains, shall be used to secure buoys during the off season. This condition shall survive in perpetuity beyond the issuance of a Certificate of Compliance. Conservation Commission February 7, 2017 Meeting Minutes Page 8 of 8 6. Personal watercraft (i.e. kayaks, canoes etc.) shall be hauled up on to the float for storage. 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. 7. As reported by the applicant's engineer during the hearing, the float and gangway are to be removed seasonally. The gangway and float shall be moved and stored in an upland location outside the 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. 8. This gangway and float are not permitted for the use or mooring of motorized boats or watercraft which cannot be hauled and stored on the float. The owner or resident must return to the Commission for its review, approval and further conditioning should such watercraft be proposed for use at this site. This condition shall survive in perpetuity beyond the issuance of a Certificate of Compliance. Seconded by Bertoni. The motion carries 5 -0. 400 Hale Street — Endicott College c/o Dennis Monaco, DEP File #5 -1212 Discussion ensues as to the project and potential conditions for the Order. Maxner notes that waivers were sought for work in the 25' NDZ. Discussion ensues as to the waivers, with Bertoni noting work within the NDZ is limited to existing disturbed conditions, with improved water quality treatment and will be better marked off in the field with the proposed bollards. Buchsbaum moves to approve the project under the State Act and Beverly Ordinance, and approve the waiver to the 25' NDZ and issue Standard Conditions as discussed. Seconded by Paluzzi. The motion carries 5 -0. Adjournment Paluzzi moves to adjourn at 11:10 p.m. Seconded by Garniss. The motion carries 5 -0. The next regular meeting of the Conservation Commission is Wednesday, March 23, 2017 at Beverly City Hall, 3rd Floor Council Chamber.