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11-16-16 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 16, 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 7:00 p.m. at Beverly City Hall, 3 d Floor Council Chambers, 191 Cabot Street, Beverly, MA. CERTIFICATES OF COMPLIANCE Cont: 400 Hale Street, Beverly Wetlands Ordinance Approval File # 01 -2013 — Endicott College c/o Dennis Monaco Charlie Wear of Meridian Associates representing the applicant explains a possible mitigation option relative to cars parking along crushed stone within the 25' NDZ. He suggests an infiltration trench for the right side of the driveway, where stone starts and ends on the driveway that will be filled with crushed stone and filter fabric, to promote infiltration of water for treatment before reaching IVW, and the installation of cedar posts to mark the area and prevent cars creeping further toward the wetland. The Order issued in May 2013 has expired. Paluzzi moves to continue the discussion to the December 6, 2016 to allow the applicant to submit a more detailed plan for consideration. Seconded by Pirrotta. The motion carries 5 -0. New: 96 & 102 Cherry Hill Drive & 10 Sam Fonzo Drive, DEP File #5 -1054 — Connolly Brothers c/o Steve Connollv Maxner reports the Order, issued in June of 2011, governed clearing, grading, loaming and seeding the existing vacant commercial/industrial lot and fill of an approximately 3,035 square foot Isolated Vegetated Wetland on 96 & 102 Cherry Hill Drive development of this site. Mitigation for this fill included replication with 6,120 square foot Bordering Vegetated Wetland on adjacent vacant lot at 10 Sam Fonzo Drive the parcel immediately to the northeast and donation of 10 Sam Fonzo to the Commission for permanent open space protection. Maxner reports that the open space area has been given to the Commission, wetland replication was undertaken which she observed at the time of plant installation. She notes that the replication Conservation Commission November 16, 2016 Meeting Minutes Page 2 of 10 area has been reviewed by Libby Wallis of Hayes. Maxner visited the site today and notes that the replication area has vigorous growth and seems to be functioning well. Buchsbaum moves to issue the Certificate of Compliance with the waiver to the as -built plan. Seconded by Paluzzi. The motion carries 5 -0. New: 131 McKay Street, DEP File #5 -1142 — Windover McKay, LLC c/o Kristin Poulin Charlie Wear of Meridian Associates, representing the applicant reviews the project for redevelopment of the site, converting the existing school building into a 32 -unit residential development including demolishing a portion of the existing building, adding an addition, reconfiguring access drives and parking areas, walkways, utilities, stormwater management structures and other site amenities. Work took place within 100 -foot buffer zone to bordering vegetated wetland associated with upper Shoe Pond. He notes the Order was modified twice, once for an alternative sewer connection location and the second for eliminating a proposed bocce court and replacing it with a community -type site garden and associated amenities. Maxner notes that she visited the site with Wear today and the only outstanding issue is exposed soils on the back slope of the rain garden discharge pipe area. It is agreed that jute mesh or other biodegradable material will be laid over the soil to stabilize for seeding. Paluzzi moves to issue a Certificate of Compliance with the condition that the corrective erosion control as discussed be installed prior to release of the Certificate. Seconded by Bertoni. The motion carries 5 -0. New: 44 River Street, DEP File #5 -520 — Massachusetts Electric Company Maxner reports, the Order, issued in March of 1996, governed performance of Phase I site investigation, test pits, monitoring wells and soil borings, and there was eventual and significant remediation of the site. This work is complete and the Order was never closed out. Buchsbaum moves to issue a Certificate of Compliance. Seconded by Paluzzi. The motion carries 5 -0. New: 44 River Street, DEP File #5 -978 — Massachusetts Electric Company Maxner reports, the Order, issued in April of 2008, governed installation of 175' long, 5' wide 3' deep gravel infiltration trench along the rear edge of the garage building (river- side), installation of native shrubs, trees and herbaceous plantings within 100 -Foot Buffer Zone to Coastal Bank and 200 -Foot Riverfront Area to the Bass River to manage runoff and icing issues. She has visited the site and the area looks to have naturalized, but with vigorous growth and no signs of erosion or scour from roof runoff. Paluzzi moves to issue a Certificate of Compliance. Seconded by Pirrotta. The motion carries 5- 0. REQUESTS FOR DETERMINATION OF APPLICABILITY Conservation Commission November 16, 2016 Meeting Minutes Page 3 of 10 New: 200 Essex Street — City of Beverly c/o Greg St. Louis City Engineer Maxner reads legal notice. Greg St. Louis speaks to condition of Kelleher Pond area as part of land transferred to the City through the OSRD subdivision at Pond View Lane. He explains the goal is to clean up parts of the stone dust path, do some vista pruning to reestablish the historic view shed from Essex Street, invasive species management, and install placards indicating limits of public open space. St. Louis notes the City tree warden will do annual mowing for visibility including bank of pond, and manage sapling growth. Katherine Mills Myers, 176 Colon Street, mentions that she would prefer if the stone dust was not installed. She objects to proposal for fence to be installed which St. Louis mentions is not proposed. She notes how some branches on the trees in the area should be analyzed for safety. Dan Smith, 13 Brimbal Avenue, is in favor of pond area being opened up, and concurs about danger of some trees. He also mentions concern about drainage pipe needing to be cleaned out, and unsafe algae blooms which could be managed with sterile white carp. Discussion addresses management of the sluice gate at the pond for water level. St. Louis suggests that pond is too shallow to have fish live there successfully as part of water management. Also, that he and tree warden will evaluate trees. Bertoni expresses concern about over - management of the area and suggests a site visit will better inform the Commission's decision. A site visit was scheduled for December 3, 2016 at 8 a.m. Paluzzi moves to continue the discussion on December 6. Seconded by Bertoni. The motion carries 5 -0. New: 111 Cross Lane — Jad & Cheryl Stella Maxner reads the legal notice. Chris Gajeski from Meridian Associates representing the applicant speaks to how most of the site has been managed lawn which is very gently sloped, and on which he performed a wetland delineation and soil evaluation. He explains the proposed project is a 40' by 26' addition (which will match existing basement grade with 3 to 4 feet of gravel) and two decks all located outside of the 25' No Disturb Zone, with the new structure being about 40 feet from the edge of the wetland.. Silt sock is proposed as erosion control and no tree or shrub removal is proposed. Historic drainage structures were observed but it is unclear where they discharge. Bertoni asks what the new impact to the buffer zone will be and if there is mitigation proposed. Gajeski responds about 1,200 square feet and mitigation was not proposed since the 25' NDZ was respected. Buchsbaum notes that this seems that a NOI would be appropriate and a site visit should be held. A site visit was scheduled for Saturday, December 3 at 9 a.m. Buchsbaum moves to continue discussion on this item to the December 6, 2016 meeting. Seconded by Paluzzi. The motion carries 5 -0. Recess for public hearing Conservation Commission November 16, 2016 Meeting Minutes Page 4 of 10 Paluzzi moves to recess for public hearing. Seconded by Bertoni. The motion carries 5 -0. NOTICE OF INENT Cont: 50 Dunham Road, DEP File #5- 1201 — Vitality Senior Living, LLC c/o Chris Guay Andrew Truman, consulting engineer representing the applicant reviews minor changes to the plan that are still being finalized, including less overall tree removal, bypass of the existing catch basin and piping to a small rip rap outlet based on the Commission's feedback at the site visit. He notes that only a very small corner of the building is within the 100' NDZ. Discussion ensues as to dark sky lighting to be implemented. Truman notes that City Engineer has not completed his comments yet. Bertoni notes that the Commission would like to have those comments in had before closing. Bertoni asks if there are any questions from the audience. There are none. Paluzzi moves to continue the hearing to the December 6, 2016 meeting. Seconded by Bertoni. The motion carries 5 -0. Cont: 50 Dunham Road, DEP File #5 -1202 — Dunham Ridge, LLC c/o Mike Aveni Steve Drohosky representing the applicant describes proposal to straighten the alignment of a section of Dunham Road and a response to City Engineer Greg St. Louis's comments are reflected in the revised site plan dated November 14, 2016. Drohosky notes the roadway will not interfere with the public part of the roadway and the stormwater management area is outside of the buffer zone. St. Louis states that stormwater still needs to be addressed outside of the buffer zone through permitting with his office. Discussion addresses how loam and a conservation seed mix would be used in area where old road is torn up. There will be an increase in impervious surface (i.e. 1750 feet) outside of the buffer zone. 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 5 -0. Cont: 50 Dunham Road, DEP File #5 -1203 — Dunham Ridge, LLC c/o Mike Aveni Maxner reports the Commission received a letter from the applicant stating that this NOI is being withdrawn without prejudice. Paluzzi moves to accept the withdrawal of the west hill drainage Notice of Intent DEP File #5- 1203. Seconded by Buchsbaum. The motion carries 5 -0. Conservation Commission November 16, 2016 Meeting Minutes Page 5 of 10 Cont: 254 Essex Street — YMCA of the North Shore. Inc., c/o Chris Lovasco Charlie Wear of Meridian Associates and Judith Cronin of the YMCA are present representing the applicant. Wear explains that the project is being reconfigured which would involve a new parcel and thus require updated abutter notifications, noting that the applicant could re- notify abutters or submit a new NOI. Berton notes that a new NOI would be best. Wear acknowledges and notes the applicant would then plan to withdraw this application and replace it with new NOI application and asks for a continuance. He also asks if the Commission would be amenable to scheduling a site visit in anticipation of the new NOI. A site visit was scheduled for 9:45 a.m. on Saturday, December 3, 2016. Paluzzi moves to continue the hearing until December 6, 2016. Seconded by Buchsbaum. The motion carries 5 -0. Cont: 476 Essex Street, DEP File #5 -1204 — Glenn Gordeau Bob Griffin representing the applicant recaps the project, noting that the Commission held a recent site visit. He provides revised plans, dated 11 -16 -16 relocating the fence and revising mitigation planting based on feedback from the site visit. Pirrotta notes that yard waste was observed on the wetland side of the chain link fence, with members agreeing that its removal and cessation of dumping should be a special condition. Bertoni asks if there are any questions from the audience. There are none. Paluzzi moves to close the hearing. Seconded by Bertoni. The motion carries 5 -0. Cont: 100 Hull Street, DEP File #5 -1205 —MJP Properties, Inc. c/o Michael Panzero Maxner reports the Commission received a request for continuance from the applicant. Buchsbaum moves to continue the hearing until December 6, 2016. Seconded by Bertoni. The motion carries 5 -0. Cont: 3 Crescent Court, DEP File #5 -1207 — Steven Longmuir Bob Griffin representing the applicant, notes the Commission held a recent site visit. He submits a revised plan dated 11 -16 -16 that reduces fixed pier length, revises float configuration with additional float, adding metal platform and stairs to beach. He provides a review of the changes, now with a 65 -foot pier and an L -shape float is proposed. Maxner requests updated resource impacts. Discussion addresses how piles will be installed by vibration from a barge. Griffin notes that two boats will be tied to the terminal float (which will have legs) and they will ground out between tides and the structure is intended for year round use. Discussion ensues as to Chapter 91 and Army Corps of Engineers permitting. 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 5 -0. Conservation Commission November 16, 2016 Meeting Minutes Page 6 of 10 Cont: 122 Cross Lane (Greening Wav). DEP File #5 -1206 — Benco, LLC c/o Ben Carlson Bob Griffin is present for the applicant, noting that no plan changes have been requested or submitted. He states that the Commission was going to visit the site as their individual schedules allowed. Maxner notes that Greg St. Louis City Engineer has reviewed the drainage for the Planning Board. Pirrotta asks if tree removal on the lot is still an issue. Maxner notes that the potential buyer had concerns over tree removal in the basin but she is not present. Griffin notes that the detension basin will require tree removal but plantings may be reasonable after it is build. Bertoni asks if there are any questions from the audience. There are none. Paluzzi moves to close the hearing. Seconded by Bertoni. The motion carries 5 -0. Reconvene to the regular meeting Paluzzi moves to reconvene to the regular meeting. Seconded by Bertoni. The motion carries 5 -0. Old/New Business Cont: 52 Dunham Road, DEP File #5 -1123 — Anderson Clark, LLP Steve Drohosky representing applicant describes proposal to use an excavator to pull unauthorized /unpermitted section of rip rap wall out of City of Beverly property and its encroachment into the 25' No Disturb Zone. He requests an amendment to the Order regarding the revised plan for work to be done this year that will include compensatory flood storage. Paluzzi moves to require the applicant to submit a minor modification to the Commission. Seconded by Bertoni. The motion carries 5 -0. 21 Green Street tree removal request Maxner notes the owner has requested to remove a boxelder and a maple tree located at 21 Greene Street and both have a significant lean and are growing against the house causing damage and both have rotted bases and limbs with heavy dead wood posing a hazard to safety and property. Paluzzi moves to approve the tree removal subject to the following conditions: • A crane shall operate from the driveway /street and front side of the house and not any further into the buffer zone. • 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 5 -0. Order of Conditions Conservation Commission November 16, 2016 Meeting Minutes Page 7 of 10 50 Dunham Road, DEP File #5 -1202 Dunham Road Realign — Dunham Ridge, LLC c/o Mike Aveni Discussion ensues as to the plans submitted and testimony provided at the hearings. Maxner notes that this project does not encroach into the NDZ. Discussion ensues as to potential conditions to apply to the project. Paluzzi moves to issue Order of Conditions under the Act with general conditions and under the Ordinance with Standard Conditions and the following Special Conditions as discussed: 1. Prior to any activity commencing, all conditions and requirements of the Beverly Engineering Department's Drainage Alteration, Erosion Control and Stormwater Management Permits shall be adhered to. Written verification of compliance with these permits shall be obtained from the City Engineer and forwarded to the Commission or its Agent. 2. Erosion controls shall consist of staked hay bales and entrenched silt fence installed behind the hay bales. 3. Prior to construction, the following adjustments to the erosion control placement shall be made to the plan and implemented in the field: a. Hay bales and silt fence shall entirely encompass the "E" Series Wetland, the 25' No Disturb Zone shall be respected where work is not contemplated and erosion controls shall be placed as far away from the edge of the wetland where work will be taking place; b. Hay bales and silt fence shall be extended from the north side of the entrance sign/stone wall to the northeast side of Wetland Flag #38 along the "C" Series Wetland; c. So as to maintain existing undisturbed vegetation that is not within the work zones, hay bales and silt fence shall be installed landward /forward of non - grassy woody vegetation along the "C" Series Wetland. 4. All disturbed areas within the pavement removal and grading for the new sections of roadway shall be loamed with 4" — 6" of clean loam and seeded with "Earnst New England Native Partially Shaded Area Roadside Mix" or equivalent. Seeded areas shall be immediately covered with a layer of hay to insulate and protect seeds from washout. A spec sheet and paid invoice for this seed mix shall be submitted to the Commission or its Agent for its record. 5. Storage and stockpiling of construction equipment, materials, excavated asphalt, pavement and soils shall be outside the 100 -foot buffer zone. 6. No trees shall be cut within the 25' No Disturb Zone without prior approval by the Commission. 7. For not less than 2 full years after completed roadway construction, areas located to the west of the new roadway alignment shall be monitored for signs of erosion and scour from stormwater runoff from new pavement shedding in that direction. Should signs of erosion and scour be observed, the applicant shall propose mitigation to abate such and present its proposal to the Commission for review and approval of implementation in the Conservation Commission November 16, 2016 Meeting Minutes Page 8 of 10 field. A Certificate of Compliance shall not be issued until this condition has been carried out. 8. In order to protect subsurface utilities from woody plant root intrusion, mowing within the area of pavement removal shall be allowed only one (1) time per year in late September. This condition is on -going and shall survive beyond the issuance of a Certificate of Compliance. Seconded by Pirrotta. The motion carries 5 -0. 476 Essex Street. DEP File #5 -1204 — Glenn Gordeau Discussion ensues as to the plans submitted, site visit observations and testimony provided at the hearings. Maxner notes that this project does encroach into the NDZ and will require a waiver. Bertoni notes a vast majority of the property consists of wetland resource areas leaving limited upland area within which to work. Maxner notes that the addition was reduced to the greatest extent possible. Buchsbaum notes work is solely within lawn and the mitigation plantings will replace a section of lawn and increase native plantings on site. Discussion ensues as to potential conditions to apply to the project. Buchsbaum moves to grant the waiver from the 25' NDZ as discussed and issue Order of Conditions under the Act with general conditions and under the Ordinance with Standard Conditions and the following Special Conditions as discussed: 1. The proposed relocation of the existing fence section and installation of the 750 s.f mitigation planting area are not an option but a requirement and must be completed as part of approval of this project. 2. The use of pervious materials /pervious design for the patio and walkways within the 25' no disturb zone is not an option but a requirement and must be employed as part of approval of this project. 3. Prior to the issuance of a Certificate of Compliance, the mitigation plantings shall exhibit at least 75% overall survivorship after two (2) growing seasons post installation. A qualified wetland consultant 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. The proposed grade elevations as shown on the approved plan shall be the maximum allowed under this approval. Should excavated soil from pool and addition construction be used for backfill and grading on site, only that volume necessary to achieve the grades as proposed on the approved plan shall be utilized and any excess soil shall be taken off site to an appropriate facility. 6. Prior to any activity on site, the existing piles of yard waste shall be removed from the wetland and any buffer zone area. Removal of said yard waste shall be verified by the Conservation Commission or its Agent during the pre - construction meeting. 7. Dumping of yard waste within the wetland or 25' No Disturb Zone shall immediately cease from this point forward. Said materials shall be taken off site and disposed of at an Conservation Commission November 16, 2016 Meeting Minutes Page 9 of 10 appropriate facility (i.e. Standley Street Compost Center). This condition is on -going and shall survive beyond the issuance of a Certificate of Compliance. 8. Accommodations for directing the pool water backwash and drawdown for winter closure into the proposed drywell shall be investigated. Should this not be a feasible option, pool water shall be directed toward the front yard of the property and allowed to flow overland to maximize infiltration before reaching the wetland. Pool draw down shall not be pumped within 2 weeks of chlorination and not pumped directly into the wetland. This condition is on -going and shall survive beyond the issuance of a Certificate of Compliance. Seconded by Paluzzi. The motion carries 5 -0. 122 Cross Lane (Greening Wav). DEP File #5 -1206 — Benco. LLC c/o Ben Carlson Discussion ensues as to the plans submitted and testimony provided at the hearings. Maxner notes that this project does not encroach into the NDZ. Discussion ensues as to potential conditions to apply to the project. Buchsbaum moves to issue Order of Conditions under the Act and the Ordinance with Standard Conditions and the following Special Conditions as discussed: 1. Prior to issuance of a Certificate of Compliance, the limit of the entire 25 -Foot No Disturb Zone and 100 -Foot No Disturb Zone shall be marked with weather resistant monuments to be installed at roughly 40 -foot intervals. These markers shall have plaques bearing language on their upland side reading "Protected Wetland Resource Area - No Disturbance Beyond This Point By Order Of the Beverly Conservation Commission ". Said monuments shall be installed such that they are not less than 2 feet and no more than 4 feet above grade to ensure their visibility in the field. 2. The responsible party shall submit all Stormwater Management maintenance and inspection reports /records to the Beverly Planning Department (1) one time annually due by December 31st of the calendar year in which the maintenance /inspection was performed. These records /reports shall include, but may not be limited to, activities performed on the infiltration basin, any deep sump catch basins and roadway sweeping. An account of any deficiencies /repairs shall be summarized in a cover letter referring to the maintenance /inspection records that have been included. This condition shall run in perpetuity beyond the issuance of a Certificate of Compliance. Seconded by Paluzzi. The motion carries 5 -0. 3 Crescent Court, DEP File #5 -1207 — Steven Longmuir Discussion ensues as to the plans submitted, site visit observations and testimony provided at the hearings. Maxner notes that this project is a water dependent use and necessitates the placement of the pier and its associated structures within the wetland resource areas. Paluzzi moves to issue Order of Conditions under the Act and under the Ordinance with Standard Conditions and the following Special Conditions as discussed: 1. Piles for the pier and floats shall be driven and not jetted. As described by the applicant's 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. Conservation Commission November 16, 2016 Meeting Minutes Page 10 of 10 2. The use of non -CCA treated lumber shall be required for all parts of the pier and floats where feasible. 3. 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. 4. As noted on the approved plan, the existing float, gangway, anchors and chains (and any associated debris) shall be removed and properly disposed of 5. 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. 6. 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. 7. If the floats and gangway are 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. Seconded by Buchsbaum. The motion carries 5 -0. Adjournment Paluzzi moves to adjourn at 11:05 p.m. Seconded by Buchsbaum. The motion carries 5 -0. The next regular meeting of the Conservation Commission is Wednesday, December 6, 2016 at Beverly City Hall, 3rd Floor Council Chamber.