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04-11-17 BCC MinCITY OF BEVERLY PUBLIC MEETING MINUTES BOARD: SUBCOMMITTEE: DATE: BOARD MEMBERS PRESENT: BOARD MEMBERS ABSENT STAFF MEMBERS PRESENT OTHERS PRESENT: RECORDER: Conservation Commission April 11, 2017 Chair Christine Bertoni, Vice Chair Robert Buchsbaum, Rick Grandoni, Tony Paluzzi (arrived at 7:15 p.m.), Jenna Pirrotta None 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: 49 & 50 Sonning Road, DEP File #5 -1174 — Joe Skomurski, Skomurski Development, LLC Maxner reports the Order, issued in February of 2016 governed grading and smoothing out existing dirt piles, loam and seed graded areas within 100 -foot buffer zone as associated with the construction of a new single family house outside jurisdiction. The as -built foundation plan registered with the Building Department shows the house in the same general location as on the approved plan. She visited the site and all of the proposed work has been done and grass is growing well. There are no obstructions within the 25' right of way. Also, three monuments noting the No Disturb Zone were installed. Paluzzi moves to issue the Certificate of Compliance. Seconded by Buchsbaum. The motion carries 5 -0. New: Beverly Harbor, DEP File #5 -1134 - Algonquin Gas Transmission, LLC Maxner reports the Order, issued in October of 2014, governed the utilization of a portion of the offshore waters /land under ocean located in Beverly Harbor as temporary workspace to facilitate the construction of a new 1.2 -mile, 16 -inch diameter pipeline lateral and a new metering and regulation station. Richard Paquette with TRC representing the applicant reports that the project started in 2015 is complete. He recaps that the pipeline route and related activities. He reports that water quality monitoring reports were provided during the project work and electronic copies provided to the Commission. He notes that per the Commission's special condition, no eel Conservation Commission April 11, 2017 Meeting Minutes Page 2 of 6 grass was observed as part of studies of the work space. In response to Bertoni, Paquette confirms that Algonquin has a maintenance plan. Buchsbaum moves to issue the Certificate of Compliance. 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 NOTICE OF RESOURCE AREA DELINEATION Cont: 20, 30 & 40 Webster Avenue, DEP File #5 -1213 — Benco LLC c/o Ben Carlson Bob Griffin representing the applicant summarizes the site inspection held by the Commission and identifies bank identified while on site where two trails come together. He explains that Bill Manuell inspected the site and installed additional wetland flags for bank and the plan has been revised accordingly. Bertoni asks if there are questions from the audience. Ann Marie Neime of 10 Webster inquired about how wetlands can be determined in just a couple site visits as she has seen the water levels in the wetland expand through the years. Bertoni and Maxner provide a review of the parameters used in delineating wetlands. Paluzzi moves to close the hearing. Seconded by Buchsbaum. The motion carries 5 -0. Paluzzi moves to issue the ORAD as amended by the most recent plan submitted and reviewed this evening. Seconded by Buchsbaum. The motion carries 5 -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 Curtis Cheney of Collins Engineers representing the condominium association supplied the Commission with details on the cantilevered design which is what will be installed. He notes that some research was done on coal tar epoxy coating and an alternative coating (petroleum based) was investigated that is characterized as environmentally friendly. Discussion addresses how the toxicity occurs while mixing of components and prior to the epoxy setting up. Bertoni asks if there are any questions from the audience. There are none. Paluzzi moves to close the hearing. Seconded by Grandoni. The motion carries 5 -0. Conservation Commission April 11, 2017 Meeting Minutes Page 3 of 6 Cont: 50 Dunham Road, DEP File #5 -1215 — Dunham Ridge, LLC c/o Stephen Drohoshy Paluzzi moves to continue the hearing until the hearing the May 2, 2017 meeting as requested by the applicant. Seconded by Pirrotta. The motion carries 5 -0. Cont: L.P. Henderson Road, east side airport, DEP File #5 -1216 — 1010 Hangars, LLC Maxner reports that the City Engineer will be reviewing the proposed stormwater drainage system since a special permit with the Planning Board will be needed. Paluzzi moves to continue the hearing until the May 2, 2017 meeting as requested by the applicant. Seconded by Bertoni. The motion carries 5 -0. New: 20 Hobart Avenue, DEP File #5 -1219 — Emily Barnes Maxner reads legal notice. Lindsey Barbie, the applicant's engineer explains the proposal to demolish the existing house, retain the existing foundation and construct a new single family house that is slightly expanded in footprint. She notes work is to take place within the first 100 feet of Riverfront to the Bass River, 100 foot buffer zone to coastal bank and salt marsh, stating that the first floor of the home is above the Floodplain. She describes two small additions to the footprint are proposed as part of the new construction and that some of the existing pavers will be removed for lawn or garden and amount of impervious surface will be reduced. In response to Bertoni, Barbie notes that the existing shed will remain and the limited driveway footprint stays the same. Maxner and Grandoni note that they visited the site, with Maxner noting that erosion control should include a silt sack in the existing catch basin in the street. Bertoni asks if there are any questions from the audience. There are none. Grandoni moves to close the hearing. Seconded by Paluzzi. The motion carries 5 -0. Reconvene Regular Meeting Paluzzi moves to reconvene the regular meeting. Seconded by Bertoni. The motion carries 5 -0. OLD /NEW /OTHER BUSINESS Cont: 254 Essex Street, YMCA, Beverly_ File Ordinance #2017 -01 — YMCA of the North Share Charlie Spicer, Windover Construction and Andy Dufour with Maine Drilling and Blasting are present representing the applicant. Dufour describes the blasting plan for the YMCA project based on rock hammering effort having limited success, so the next process is drilling for "Swiss cheesing" the rock to weaken it then hammer again. He notes that blasting will be necessary, and Conservation Commission April 11, 2017 Meeting Minutes Page 4 of 6 blasting mats constructed from recycled tires will be used over drill holes that will control any rock from getting into the wetlands. Dufour explains back break into the 25 foot NDZ, but he does not see this happening due to the restricted charges they will be using as they are in close proximity to the Teen Center and neighboring residential structures. Work will start farthest away from the wetland and Teen Center and advance toward the wetland after test blasts and visual inspection of blast results. The blasting plan considers action that will not impact neighboring structures including abutter houses. Seismographs are used as part of the blasting operation and a Fire Dept. detail would be on site daily. Dufour goes on to explain that re -blast surveys were done which document existing conditions of house foundations and such. Maxner reports that the limit of work is being respected. Bertoni asks how long blasting is anticipated. Dufour estimates about 2 weeks. There being no further questions, the Commission thanks Spicer and Dufour for the update. Cont: Draft Amendments to Beverly Wetlands Regulations — Update on review Maxner reports that special Counsel Jeff Roelofs is continuing his review. He had suggested that a separate meeting will be held on this matter with the Commission once he has a chance to report on his review. New: Other... Discussion or Action Items Related to Commission Business Leather Lane Sewer Main Installation Jonathan Dow, Leather Lane resident, inquires about a neighbor with permit to put in a private sewer line across right of way to tie to City sewer, noting that the other residences on Leather Lane have septic systems. Maxner explains the Commission had reviewed and approved an RDA application for this project and describes the Commission's narrow jurisdiction relative to wetlands compliance. Maxner strongly recommended the resident contact the Engineering Department and Board of Health as well as contract with private counsel to address the matter and the Commission has no ability to stop the project if there are no wetland issues. ADUroval of Minutes Bertoni moves to approve the October 26, 2016 minutes as amended. Seconded by Paluzzi. The motion carries 5 -0. Paluzzi moves to approve the November 5, 2016 minutes as amended. Seconded by Buchsbaum. The motion carries 5 -0. Orders of Conditions 109 Water Street, DEP File #5 -1210 — Tuck Point Condominium Association Discussion ensues as to the project and potential conditions for the Order. Maxner notes that limited portions of the proposed project are within the Beverly regulatory 25 -Foot No- Conservation Commission April 11, 2017 Meeting Minutes Page 5 of 6 Disturbance Zone. Bucshbaum notes that seawall is the coastal bank resource area itself and its repair necessitates work in the NDZ, on the bank itself. Discussion ensues that current eroding conditions of the wall will be stabilized with the new pile wall, which will improve the condition of the coastal bank. Paluzzi moves to approve the project under the State Act and Beverly Ordinance, and issue Standard Conditions and the following Special Condition and approve the waiver to the 25' NDZ as discussed: 1. Prior to the start of construction on the seawall or installation of new steel sheet pile a silt boom shall be installed enveloping the work area to prevent any suspended sediment from reaching into the harbor. Similarly, prior to work commencing on the stormwater drainpipe /catch basin erosion controls shall be installed to envelope the work area. 2. The barge shall be floated in during high tide and it may sit and be elevated on spuds on the beach at low tide and shall not be allowed to bottom out on the beach. 3. Per the Division of Marine Fisheries February 6, 2017 comment letter work shall take place at low tide to minimize turbidity. 4. If shellfish is observed within the work zone, the shellfish shall be moved to a location outside this zone. 5. If the seawall design is changed from the currently proposed cantilever system, the applicant shall apply for an Amended Order of Conditions with the Commission prior to any work commencing on the site. 6. The natural population of marine organisms (i.e. seaweed, invertebrates etc...) shall be allowed to progress on built structures. 7. Any shrubs or vegetation removed within the stormwater drainpipe /catch basin work zone shall be replaced with native shrub species. Seconded by Buchsbaum. The motion carries 5 -0. 20 Hobart Avenue, DEP File #5 -1219 - Emily Barnes Discussion ensues as to the project and potential conditions for the Order. Maxner notes that limited portions of the proposed project are within the Beverly regulatory 25 -Foot No- Disturbance Zone. Bertoni notes that they are reconstructing the house on the existing foundation, which is not to be disturbed or altered, which she considers is minor in nature with little to no impact on the adjacent wetland resources or NDZ. Buchsbaum notes that the 25' NDZ is currently paved public street. Buchsbaum moves to approve the project under the State Act and Beverly Ordinance, and issue Standard Conditions and the following Special Condition and approve the waiver to the 25' NDZ as discussed: 1. Prior to construction, a silt sack shall be placed within the catch basin located within the Hobart right of way just east of the driveway. Seconded by Paluzzi. The motion carries 5 -0. Adjournment Conservation Commission April 11, 2017 Meeting Minutes Page 6 of 6 Paluzzi moves to adjourn at 9:10 p.m. Seconded by Buchsbaum. The motion carries 5 -0. The next regular meeting of the Conservation Commission is Wednesday, May 2, 2017 at Beverly City Hall, 3rd Floor Council Chamber.