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05-02-17 BCC MinCITY OF BEVERLY PUBLIC MEETING MINUTES BOARD: SUBCOMMITTEE: DATE: BOARD MEMBERS PRESENT: BOARD MEMBERS ABSENT STAFF MEMBERS PRESENT OTHERS PRESENT: RECORDER: Conservation Commission May 2, 2017 Chair Christine Bertoni, Vice Chair Robert Buchsbaum, Rick Grandoni, Stephanie Herbster, Tony Paluzzi, Jenna Pirrotta None Amy Maxner, Environmental Planner Jane Dooley Bertoni calls the meeting to order at 7:00 p.m. at Beverly City Hall, City Hall 3" Floor Council Chambers, Beverly, MA. Certificates of Compliance New: 1 Lanthorn Lane, DEP File #5 -1074 — William Monagle Maxner provides a brief background of the enforcement order that resulted in the subject Order of Conditions, noting the project involved abandoning the existing septic system and connection to City sewer, construction of a rear deck and pervious paver patio and repair existing retaining wall at rear of swimming pool within 100 -foot buffer zone to bordering vegetated wetland. She notes the deviations between the approved plan and as -built plan, which mainly consists of expansion of the patio well outside the existing footprint. Maxner provided the Commission with before and after photographs of the site. William Monagle, the applicant and his contractor Tom Barabe explain that there was confusion about the need to come back to the Commission for expanded patio. Monagle states this patio work was done since dirt was running down to the steep slope in his back yard. Discussion ensues as to impact to the buffer zone, with Bertoni asking if runoff from the expanded patio has resulted in any erosion. Monagle states that he has not seen water runoff but rather it seems to just infiltrate into the patio area. Maxner notes that she did not see any signs of erosion downhill of the patio and the grassy area is stable and growing well. Buchsbaum notes that this change is probably something the Commission would have allowed, but advises the applicant that any other changes to the buffer zone must come before the Commission under a new application. Monagle acknowledges. Paluzzi moves to issue a Certificate of Compliance. Seconded by Grandoni. The motion carries 6 -0. Conservation Commission May 2, 2017 Meeting Minutes Page 2 of 8 New: 32 Pickman Road, DEP File #5 -1100 — John Osbon Maxner reports the Order, issued in August of 2013, governed the installation of a retaining wall, construction of an in- ground swimming pool and associated porous paver patio, construction of a wood deck, installation of native plantings along steep eroding slope within 100 -foot buffer zone to bordering vegetated wetland. She states that none of the major work was undertaken aside from removal of a large spruce tree (approved under the Order). In July 2016 the homeowner asked for an extension. Maxner reports that after visiting the site she noticed the embankment was in an unstable condition. Tobin Schulman, with Siemasko & Verbridge, explains that the homeowner is not in a position to install plantings as the house is under agreement. Discussion ensues with the new buyer and Mr. Schulman about activity on site will need a new NOI. Paluzzi moves to issue a Certificate of Compliance. Seconded by Grandoni. The motion carries 5 -1 with Bertoni opposed. New: 5 Bonad Road, DEP File #5 -1092 — MPM Companies, LLC & Tyler and Amy Dufour Bob Griffin representing the applicant recaps the project, a single family house. He notes the deviations from the approved plan that included a patio and deck installed by the homeowners. Buchsbaum asks how far the patio and deck are from the stream, with Griffin approximating 80 feet. Maxner reports that owners have recently submitted a building permit application to extend the deck. Bertoni suggests that, in light of the deviation from the approved plan, that a RDA for this new deck expansion would be appropriate. Members agree to require a RDA. Paluzzi moves to issue a Certificate of Compliance for 5 Bonad Road. Seconded by Bertoni. The motion carries 6 -0. New: 3 Bonad Road, DEP File #5 -1093 — MPM Companies, LLC & Jason and Lynda Bowen Bob Griffin representing the applicant recaps the project, a single family house. He notes the deviations from the approved plan that included fencing, paver walkway, patio and changes to the rain garden construction but notes that the rain garden is receiving roof runoff and functioning properly. He notes that the mitigation planting area along the stream has been replanted a couple times with the proposed species not surviving. Discussion ensues as to the mitigation area, with Griffin noting the developer is willing to replant again perhaps with alternative species. Bertoni suggests that this request be continued in favor of receiving a new planting plan with a plant schedule. Members agree to require a planting plan. Buchsbaum moves to continue to the next meeting. Seconded by Paluzzi. The motion carries 6 -0. New: 4 Bonad Road, DEP File #5 -1105 — MPM Companies, LLC & Michael StoM Bob Griffin representing the applicant describes how a patio versus deck was built. Also, that the berm was installed between House #1 and House #2 to connect overland flow to drainage pipe in backyard, which he notes is working well. Discussion ensues as to the large tree originally slated Conservation Commission May 2, 2017 Meeting Minutes Page 3 of 8 for removal but was saved, and if it becomes hazardous the homeowner is reminded that its removal will require Commission review. Paluzzi moves to issue a Certificate of Compliance. Seconded by Buchsbaum. The motion carries 6 -0. New: 6 Bonad Road, DEP File #5 -1104 — MPM Companies, LLC & Marie Riberdy and Caryl Penachio Bob Griffin representing the applicant notes that driveway was relocated and is now on Bonad Road versus Lakeshore Drive which resulted in less blasting. There was a change in amount of impervious surface, a 230 square foot reduction, on this lot and drainage improvements have been done on Bonad Road. Discussion ensues regarding the driveway relocation from the approved plan, with Bertoni noting this needed review prior to implementation in the field. Paluzzi moves to issue a Certificate of Compliance. Seconded by Buchsbaum. The motion carries 6 -0. Request for Determination of Applicability New: 86 Preston Place – replace failed septic system – Charrissa Vitas Maxner reads legal notice. Septic designer Dan Johnson representing the applicant describes 11,000 square foot lot and that Bill Manuell delineated the wetlands which are located on both sides of the property. He explains that a new 1,500 gallon septic tank will be installed and there is no increase in flow. The offset to the leaching area will be 52 feet from the wetland on the left and 80 feet to the rear, and there will be no grade changes. The existing failed cesspool will be pumped out and abandoned. The area will be loamed and seeded to restore the lawn. Buchsbaum moves to issue a Negative #3 Determination with the following condition: 1. Prior to work commencing, erosion control must be installed and the Conservation Agent shall be contacted to conduct a site visit to verify proper installation. Seconded by Paluzzi. The motion carries 6 -0. New: MBTA Commuter Rail, Gloucester Branch at Milepost 19.63 – Keolis Commuter Services, LLC c/o Clary Coutu Maxner reads the legal notice. Kyle Fair, of Fair Dermody, explains the proposal to replace an existing culvert that is not in compliance with load specifications. He notes that an inspection was done after rain event and no flow was observed and no wetland plant community is present in the area. A 36 inch concrete culvert pipe with headwall will be installed, and all elevations will remain the same. Maxner and Buchsbaum note their familiarity with this stretch of rail line and agree that wetlands are not present in this vicinity. Paluzzi moves to issue a Negative #1 Determination. Seconded by Buchsbaum. The motion carries 6 -0. Conservation Commission May 2, 2017 Meeting Minutes Page 4 of 8 Recess for Public Hearings Paluzzi moves to recess for public hearings. Seconded by Bertoni. The motion carries 6 -0. Notices of Intent Cont: 50 Dunham Road, West Hill — Dunham Ridge, LLC c/o Stephen Drohosky Maxner reports that the Commission's peer reviewer is engaged and has started the review, noting that a continuance is necessary. Paluzzi moves to continue the hearing until the May 24, 2017 meeting. Seconded by Bertoni. The motion carries 6 -0. Cont: L.P. Henderson Road, east side airport — 1010 Hangars, LLC Peter Ogren, Hayes Engineering, representing the applicant describes location of proposed new hangar. He notes that two changes to the plan: • Relocation of access roadway out of "object free" area, which moves it closer to the BVW but outside the 25' NDZ; • Connection to City water system with a12 inch line, versus use of foam fire suppression system. Maxner notes the City Engineer will provide review for the Commission and Planning Board. Ogren notes that outside storage of propane (for heat in hangar) is proposed, with Paluzzi asking that the tanks be surrounded by a concrete lip to contain spills. Bertoni asks for the letter from the FAA that requires relocation of access road, Ogren will provide it. 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 6 -0. New: MBTA Commuter Rail, Gloucester Branch at Milepost 23.27 — Keolis Commuter Services, LLC c/o Clary Coutu Maxner reads the legal notice. Kyle Fair, of Fair Dermody, the applicant representative describes the proposal for a 36 inch diameter culvert replacement and standard headwall installation. The proposal, classified as a limited project as described in the project narrative, involves replacement of the existing stone box culvert with new concrete pipe culvert, precast concrete headwalls, wing walls and associated rip rap on both ends. Fair explains work to take place within bank (both intermittent and perennial), land under waterbody, 200 -foot riverfront and land subject to coastal storm flowage. He notes presence of coastal bank has been added to the narrative. He notes that MBTAis not subject to local bylaws or ordinances, thus this is only reviewed under the State Act. Conservation Commission May 2, 2017 Meeting Minutes Page 5 of 8 In response to Bertoni, Fair explains the plan is to do the work in a 24 hour period (weekend of June 24 Some overgrown organic (invasive species) material will be removed to allow worker access. Bertoni notes that this may require self - reporting with the Army Corps. Fair acknowledges and will confirm this. 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 6 -0. New: 105 Sam Fonzo Drive — construct self - storage facility with associated parkin, utilities and stormwater management system — Beverly port Self Storage, LLC c/o Thomas Ford Maxner reads the legal notice. Miranda Gooding, Glovsky and Glovsky, representing the applicant outlines proposal for mini - storage development at Cherry Hill industrial park. She describes history of site that was deemed surplus by the City and bidding process for the land acquisition by Thomas Ford. The proposed use would be industrial. Mary Rimmer, wetland consultant, describes site conditions including culvert under Sam Fonzo Drive, and dug ditch where there is little positive flow. The site is vegetated and has varying topography. Rick Salvo, project engineer, describes changes in grade at the site that dictate how the site needs to be developed. Rimmer notes a waiver has been requested to allow work in the 25' No Disturb Zone (wetland crossing) and there is about 5,000 square feet of impact with 2,500 square feet of impact from the crossing and another 2,500 s.f from the stormwater detention facility, which includes some grading in the NDZ. Rimmer reviews the proposed enhancements to offset impacts and allow wildlife habitat improvement. Maxner notes the City Engineer did provide a comment letter to which the applicant is responding now. Discussion ensues as to whether there is an opportunity to shrink impact or expand plantings. The proposed stream crossing is discussed, with Bertoni asking if this complies with the stream crossing standards. Salvo will confirm this. Bertoni asks if there are any questions from the audience. There are none. Members agree a site visit would be helpful. A site visit is scheduled for Monday, May 15, 2017 at 5:30 p.m. Paluzzi moves to continue the hearing until the Commission's next meeting on May 24, 2017. Seconded by Bertoni. The motion carries 6 -0. Reconvene Regular Meeting Paluzzi moves to reconvene the regular meeting. Seconded by Bertoni. The motion carries 6 -0. OLD /NEW /OTHER BUSINESS Conservation Commission May 2, 2017 Meeting Minutes Page 6 of 8 New: 43 Haven Way, DEP File #5 -1193 — request for Minor Modification to Order of Conditions — Olaf Stelling Tobin Schulman, Siemasko and Verbridge, representing the applicant describes wetland delineation (100 foot buffer to coastal bank). The change to the proposal is to create a slightly larger terraced space and relocate the steps leading to the lawn. In response to Bertoni he notes that the modification does not shift work closer to the wetlands but rather parallel. Paluzzi moves to issue a Minor Modification. Seconded by Grandoni. The motion carries 6 -0. New: 50 Dunham Road, DEP File #5 -1202 — request for Minor Modification to Order of Conditions — Dunham Ridge, LLC Mike Aveni representing the applicant describes proposal on the alignment of the 50 Dunham Road access drive which is being shifted 25 feet east toward the IVW E Series, but is still outside the 25' NDZ. Discussion ensues as to the modified plan, erosion controls and need for boulders on the wetland side. Aveni responds to Bertoni explaining that this modification straightens the entrance to the site, and reduces the amount of pavement by about 835 s. f. Buchsbaum moves to issue a Minor Modification. Seconded by Paluzzi. The motion carries 6 -0. New: Planning Board Request for Comments — Definitive Subdivision Plan, Trask Lane (Map 28 Lot 126) — Folly Hill Associates Trust Maxner explains that the purpose of this plan aims to retire the existing right -of -way, create a new cul -de -sac and combine lots from the previous subdivision to create new lot configurations. She notes the plan is absent actual development /building layout. The current zoning allows for high density residential development. She explains this site is roughly 75 acres with a number of wetland systems scattered throughout. The proposed cul -de -sac would require a NOI with the Commission and waivers from the 25' NDZ at the very least. Discussion ensues as to the general lack of comprehensive information on the extent, character and function of the wetlands on site with the Commission agreeing that an ANRAD would be most appropriate before any development plans are submitted. Maxner will write letter to the Board based on tonight's discussion. Cont: Draft Amendments to Beverly Wetlands Regulations — Update on review Maxner notes that special counsel Jeff Roelofs is continuing his review on the draft amendments. A separate meeting will be held on this matter with the Commission. Approval of Minutes There were none ready for the Commission's approval at this meeting. Orders of Conditions Conservation Commission May 2, 2017 Meeting Minutes Page 7 of 8 MBTA Commuter Rail, Gloucester Branch at Milepost 23.27 Members discuss the proposed plan, and discussion points raised during the public hearing. Maxner reminds the Commission that this project is only reviewable under the State Act. Discussion ensues as to conditions to apply to the project. Buchsbaum moves to issue the Order of Conditions under the Act with general conditions and the following Special Conditions as discussed: 1. The Army Corps of Engineers Stream Crossing Standards shall be consulted and followed for the proper preparation and treatment of the culvert bottom to optimize aquatic habitat conditions. 2. All excavated material not reused shall be taken off site to an appropriate facility. Seconded by Paluzzi. The motion carries 6 -0. L.P. Henderson Road, east side airport — 1010 Hangars, LLC Members discuss the proposed revised plan, materials submitted and discussion points raised during the public hearings. Maxner notes that the project is designed outside the 25 -foot no disturb zone. Discussion ensues as to conditions to apply to the project. Discussion ensues about Standard Conditions and the following Special Conditions: Paluzzi moves to issue Order of Conditions with Standard Conditions and the following Special Conditions as discussed: 1. A concrete lip shall be built around the propane tank(s) to contain any leaks. This detail shall be added to the approved plan and submitted to the Conservation Agent prior to Conservation Commission sign off on any type of building permit. 2. Prior to Conservation Commission sign off on any type of building permit and prior to any activity on site, the proposed stormwater management system shall be reviewed and approved by the City Engineer. Written approval from the City Engineer shall be submitted to the Commission. 3. Prior to Conservation Commission sign off on any type of building permit and prior to any activity on site, if any changes are made to the approved plan based on the City Engineer's review, the revised plans to be accompanied by a memo detailing the changes, shall be submitted to the Commission. Upon receipt the Conservation Agent, Commission chair and vice chair shall review the revised plan to determine if a formal modification to the Order is required. 4. At the time of erosion control installation, the limit of the 25 -foot no disturb zone in the vicinity of the access drive work shall be surveyed and staked in the field to ensure erosion controls are installed at the limit of the no disturb zone and that no work occurs within said zone. 5. Other than side -cast of snow due to routine plowing activities along the access drive and parking areas, snow storage by way of purposeful pushing or depositing, stockpiling or dumping from other areas on or off of the site is prohibited within the buffer zones and wetlands. This conditions shall be on -going and survive beyond the issuance of a Certificate of Compliance. Seconded by Buchsbaum. The motion carries 6 -0. Conservation Commission May 2, 2017 Meeting Minutes Page 8 of 8 Adjournment Paluzzi moves to adjourn at 10:15 p.m. Seconded by Bertoni. The motion carries 6 -0. The next regular meeting of the Conservation Commission is Wednesday, May 24, 2017 at Beverly City Hall, 3rd Floor Council Chamber.