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03-23-17 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 23, 2017 Chair Christine Bertoni, Vice Chair Robert Buchsbaum, Amy Garniss, Tony Paluzzi, Jenna Pirrotta, Richard Grandoni None Amy Maxner, Environmental Planner Ben and John Zobba Jane Dooley Bertoni calls the meeting to order at 7:00 p.m. at Beverly Library, 32 Essex Street, Beverly, MA. Bertoni holds a moment of silence for Renee Mary, Beverly resident, who passed away recently. CERTIFICATES OF COMPLIANCE New: Exit 19 Route 128 Brimbal Avenue interchange, DEP File #5 -1131 — City of Beverly c/o Greg St. Louis, City Engineer Maxner notes the Commission issued an Order in September of 2104, that governed the reconstruction of the Rt.128 connector road with roundabouts, reconstruction and widening of sections of Brimbal Avenue and Sohier Road, and installation of stormwater BMP's. The project is complete and the Commission issued standard conditions and two special conditions: 1. 100% construction plans shall be submitted and formally presented to the Conservation Commission with a narrative that details the differences between these and the plans that were presented to the Commission during the public hearing. This condition was satisfied. 2. All long term maintenance and inspection reports per the Stormwater Operation and Maintenance Plan and Long Term Pollution Prevention Plan dated August 11, 2014 shall be submitted to the Beverly Conservation Commission Office on an annual basis no later than December 31st of each year. The State is responsible for the ramp and structures in the detention pond. The City is responsible for catch basins within Brimbal Ave. This is a long term condition. Maxner notes she held a site inspection with Greg St. Louis, and reports there was no outstanding issues observed. Bertoni notes that she observed water levels in the detention basin, which seemed high and at the limit of the basin berm. Maxner will make sure this is brought to St. Louis' attention for monitoring. Conservation Commission March 23, 2017 Meeting Minutes Page 2 of 7 Paluzzi moves to issue a Certificate of Compliance with on -going conditions. Seconded by Bertoni. The motion carries 6 -0. RECESS FOR PUBLIC HEARINGS Paluzzi moves to recess for public hearings. Seconded by Bertoni. The motion carries 6 -0. ABBREVIATED NOTICES OF RESOURCE AREA DELINEATION New: 20, 30 & 40 Webster Avenue — Benco LLC c/o Ben Carlson Maxner reads legal notice. Bob Griffin representing the applicant describes the appliation to review and confirm extend and character of wetlands delineated on site. He notes variations in zoning on Webster Avenue and multiple as well as single family housing at 20, 30 and 40 Webster Avenue. He describes site features including ledge and moderate terrain draining toward conservation land. He notes Bill Manuell flagged the wetlands in the October, November and December 2016. He refers to the existing conditions plan, noting that there are BVW and IVW systems, but no flood zones, certified vernal pools or perennial streams were identified on site. Buchsbaum asks if any areas were observed for vernal pool function per the NHESP mapping. Griffin notes he will check with Manuell on that. Maxner notes this is the ideal time to investigate for vernal pools. Bertoni asks if there are any questions from the audience. Resident of 24 Gove Avenue speaks to his concern about any potential changes in runoff to wetlands due to development. Russ Walsh of Goodwin Road, expresses his concern about flow of stormwater runoff onto Webster Avenue from this site. Sean Corcoran, 22 Goodwin, speaks to his basement flooding and the need for a sump pump, the rising water table and the impact of development on current conditions. Bertoni thanks the neighbors for their comments and notes that at this stage, the Commission is only requested to review the character and extent of wetlands on site, and drainage issues will be addressed later when an actual development is proposed through a NOI application. The Commission schedules a site visit for Saturday, April 1, 2017 at 9:00 a.m. The public is welcome. Paluzzi moves to continue the hearing to the April 11, 2017 meeting. Seconded by Bertoni. The motion carries 6 -0. 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 Wally Mosier of Collins Engineers addresses the Commission and recaps the project. He notes there were questions raised at the Commission site visit and notes his firm will assist with the Chapter 91 submission. He also addresses background information regarding epoxy coating on saltwater structures that binds coal tar as requested by the Commission. The Commission Conservation Commission March 23, 2017 Meeting Minutes Page 3 of 7 reviews plan of proposed work which identifies where batter piles will enter the mud line. Mosier notes that a cantilevered option may be considered to lessen impact on abutting property (i.e., removal of batter piles in water). Commission members ask that the applicant get a determination as to whether batter piles or cantilever design will be used before closing the hearing. Mosier agrees and will report back to the Commission as soon as he gets direction from the applicant. Buchsbaum moves to continue the hearing until April 11, 2017. Seconded by Paluzzi. The motion carries 6 -0. New: 50 Dunham Road — Dunham Ridge, LLC c/o Stephen Drohosky Maxner reads legal notice. She notes the applicant has requested a continuance. Paluzzi moves to continue the hearing until March 29, 2017. Seconded by Buchsbaum. The motion carries 6 -0. New: 15 Paine Avenue — Louis Laz Maxner reads legal notice. Bob Griffin representing the applicant explains the proposal to remove existing pool liner and replace with gunite shell and perform other repairs including removal of existing cracking concrete deck adjacent to pool and replace with new concrete or stone patio surface. He notes the amount of impervious surface will not change. New pool equipment will continue to be housed in the existing pool house. He explains that this will be a manual labor intensive job as steep slopes, mature plantings and narrow access paths prohibit use of machinery. As mitigation for work in the 25' NDZ, native plantings will be installed at the top of coastal bank adjacent to the pool house to improve this sparsely vegetated area. In response to Maxner, Griffin reports that the retaining /seawall is in good shape and work is not needed on it. Bertoni reviews the 25' NDZ waiver request noting that no new disturbance is proposed and impervious surfaces will not change, Griffin confirms. Bertoni asks if there are any questions from the audience. There are none. Buchsbaum moves to close the hearing. Seconded by Paluzzi. The motion carries 6 -0. Reconvene Regular Meeting Paluzzi moves to reconvene the regular meeting. Seconded by Buchsbaum. The motion carries 6- 0. OLD /NEW /OTHER BUSINESS New: 48 Dunham Ridge (50 Dunham Road), DEP File #5 -1118 — Dunham Ridge, LLC c/o Stephen Drohosky Buchsbaum moves to continue this item to the March 29, 2017 meeting as requested by the applicant. Seconded by Paluzzi. The motion carries 6 -0. Conservation Commission March 23, 2017 Meeting Minutes Page 4 of 7 New: 1 Greening Way (formerly 122 Cross Lane), DEP File #5 -1206 — Marcia Wochner Bob Griffin representing the applicant explains the plan changes. There would be a one story living space versus two stories for a 2,700 sf house which is 700 sf larger than previously proposed house. A garage would be on the end of the building as well as a wooden deck with walk out from basement. The driveway is on the downhill side of site and is same square footage as originally proposed. There is a 668 sf increase in impervious surface. A dry well and catch basin will be used. Griffin summarizes drainage calculations which meet thresholds. The location of house is slightly further away from wetlands. Lawn will be included in the front of the building. Pervious pavers will be used for walkway and back patio. He notes that some blasting is likely to be done at the site where the house will partially sit on ledge. Paluzzi moves to issue a Minor Modification. Seconded by Buchsbaum. The motion carries 6 -0. New: Potential Community Garden at Standley_ Street Conservation Commission Property- possible signage installation Maxner provides background introduction /recap on the potential relocation of the Community Gardens at this conservation property. She notes that the City is working through the Waring School encroachment but would like for the Garden relocation logistics to keep moving ahead. With the 8 -lot subdivision located adjacent to this parcel, the need to alert new or potential owners of the houses that the Gardens may be relocated here, there is interest in installing signage with language to that effect. She introduces Ben and John Zobba, formerly with the Food Project now with Edenic Development, who would assume supervision and management of the Gardens and member gardeners. Ben Zoba notes he sketched out a possible sign on 3x4 plywood or something similar. Discussion ensues as to language for the sign, with Maxner asking that the words "potential community garden" be included on the sign Paluzzi moves for the Commission to allow a sign for future potential Beverly community gardens with final design to be approved by Maxner. Seconded by Bertoni. The motion carries 5- 0. New: Other... Discussion or Action Items Related to Commission Business 254, 272 & 282R Essex Street, Beverly Wetlands Ordinance Approval File #: 2017 — Special Condition Follow Up Charlie Spicer, Windover Development, provided an update on test pit results at YMCA property to explore ground water conditions and ledge conditions. Ground water conditions in the parking lot will require that a 40 mill PVC plastic liner be used at bottom of the infiltration chamber as recommended by City Engineer who was on site when the test pits were dug. Plans have been modified accordingly. Spicer notes test pits also revealed shallow ledge that may require blasting, but that hammering is still proposed and possibly drill and hammer to remove ledge. Blasting will only occur if Conservation Commission March 23, 2017 Meeting Minutes Page 5 of 7 necessary (if drill and hammering is unsuccessful). A blasting specialist Main Drilling and Blasting has surveyed ledge area and a survey is underway and will provide a blasting plan which will be submitted to the Commission once complete the end of next week. Bertoni notes that the approach seems more informed, reiterating that the Commission's concern is the integrity of the IVWs one of which is within a quarry hole. Spicer acknowledges and will share blast plan once available. New: Offshore of West Beach/Woodbury Point (eel grass harvesting), DEP File #5 -1044 — Division of Marine Fisheries c/o N. Tav Evans Maxner explains the applicant is asking for an extension, noting that an update has been provided by DMF on the project as to eel grass transplanting. Bertoni moves to issue a one year extension to DEP File #5 -1044. Seconded by Paluzzi. The motion carries 6 -0. New: 269 Dodge Street — tree removal request — Ying Li Maxner explains the property is on Norwood Pond and a large limb has fallen off and smashed resident's greenhouse. She provided photos of the subject trees which the owner would like to remove based on hazardous conditions. Members review the request and tree descriptions, numbered and photos. Paluzzi moves to approve the tree removal request subject to the following conditions: • Tree #'s 1, 2, 3 and 4 are to be flush cut at grade and their root systems left intact with not grinding or stumping. These are the only 4 trees that you have permission to remove on the pond side of the house; • The stumps of tree #'s 5, 6, 7, 8, & 9 may be ground out as they are not in close proximity to pond bank • All cuttings, branches, and trunks shall be taken off site and not deposited anywhere on site Seconded by Paluzzi. The motion carries 6 -0. New: Planning Board Request for Comments — Hillside Avenue Definitive Subdivision Plan — Goddzilla LLC /ASB Design Group /Gregory & Helga Senko Maxner notes that this parcel does not contain wetlands or associated buffer zones. Commission members concur. New: MACC Sign on to letter to Governor Baker re: interstate gas pipelines Bertoni suggests that this should be discussed at the Commission's March 29, 2017 meeting as she meant to forward the daft MACC letter for Commission members to review. Cont: Draft Amendments to Beverly Wetlands Regulations — Update on review Conservation Commission March 23, 2017 Meeting Minutes Page 6 of 7 Maxner reports that special counsel Jeff Roelofs is in the midst of reviewing the Regulations and she expects communication from him shortly. New: Other... Discussion or Action Items Related to Commission Business, continued 11 Landers Drive — tree removal request Maxner notes that the owners of 11 Landers have requested removal of a tree that snapped in half as evidenced by photos provided for review. Paluzzi moves to approve the tree removal request subject to the following conditions: • Said tree shall be cut flush at ground surface and root system left intact; • Cut trunk, cuttings and branches shall be removed from the site, not chipped or spread within the pond or buffer zone; Seconded by Buchsbaum. The motion carries 6 -0. New: 100 Hull Street, DEP File #5 -1205 — tree removal request /alternative — Michael McNiff Maxner explains the developer is asking to remove a large white pine tree that is located in the No Disturb Zone, and is close to a house and could be a potential future hazard. Maxner cannot attest that the tree is dying or in ill health. Members review photos of the tree and its location and appearance. Bertoni moves to deny cutting of white pine in 25' No Disturb Zone. Seconded by Amy Garniss. The motion carries 6 -0. Approval of Minutes Paluzzi moves to approve the September 21, 2016 minutes as amended. Seconded by Buchsbaum. The motion carries 6 -0. Paluzzi moves to approve October 4, 2016 minutes as amended. Seconded by Buchsbaum. The motion carries 6 -0. Order of Conditions 15 Paine Avenue — Louis Laz Discussion ensues as to the project and potential conditions for the Order. Discussion ensues as to the waivers, with Bertoni noting work will not result in more disturbed conditions. Conservation Commission March 23, 2017 Meeting Minutes Page 7 of 7 Paluzzi moves to approve the project under the State Act and Beverly Ordinance, approve the waiver to the 25' NDZ and issue Standard Conditions and the following Special Conditions and as discussed: 1. As noted by the project engineer during the March 29, 2017 hearing, the use of heavy equipment or construction vehicles is not anticipated within the 100 -foot buffer zone. However, should use of such equipment become necessary, the applicant shall present to the Commission the means and methods by which such equipment will be operated to protect the integrity of the buffer zone and associated wetland resources. 2. Coastal bank mitigation plantings shall be native to this region of New England and shall be suited for the growing environment /conditions found within the proposed planting location. 3. Prior to the issuance of a Certificate of Compliance, the coastal bank mitigation plantings shall exhibit at least 75% overall survivorship after two (2) growing seasons post installation. A wetland consultant or other qualified professional shall inspect plantings for survivorship and overall success of the naturalized area and shall provide a written report of his /her findings to the Commission. 4. The mitigation planting area shall be left to naturalize without pruning, mulching or other routine landscaping maintenance activities. This Condition is on -going and shall survive beyond the issuance of a Certificate of Compliance. 5. All cartridge filtration /earth discharge or other related materials shall be properly disposed of outside the buffer zone and wetland resources. This condition shall survive on -going beyond the issuance of a Certificate of Compliance. 6. If a salt water filtration system not be employed for the pool, the pool water drawdown for back wash and winter closure shall be directed toward the front yard of the property to maximize infiltration. Pool draw down shall not be directed toward the wetland (ocean or coastal bank) and backwash and draw down shall not be pumped within 2 weeks of chlorination. This condition shall survive on -going beyond the issuance of a Certificate of Compliance. Seconded by Bertoni. The motion carries 6 -0. Adjournment Paluzzi moves to adjourn at 9:45 p.m. Seconded by Bertoni. The motion carries 6 -0. The next regular meeting of the Conservation Commission is Wednesday, March 29, 2017 at Beverly City Hall, 3rd Floor Council Chamber.