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08-01-17 BCC MinCITY OF BEVERLY PUBLIC MEETING MINUTES BOARD: SUBCOMMITTEE: DATE: BOARD MEMBERS PRESENT: BOARD MEMBERS ABSENT STAFF MEMBERS PRESENT OTHERS PRESENT: RECORDER: Conservation Commission August 1, 2017 Chair Christine Bertoni, Vice Chair Robert Buchsbaum, Rick Grandoni, Stephanie Herbster, Tony Paluzzi Jenna Pirrotta 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: 59 Standley Street, DEP File #5 -1190 — Paul Weir Maxner notes the Order, issued in July of 2016, governed the replacement of a failed septic system with a new Title 5 septic system. The system designer has confirmed installation and conformance with the approved plan. Maxner reports her site inspection and found site to be stable. She notes the following Special Condition: cutting of any vegetation on the slope between the proposed erosion control and septic system and associated grading is prohibited, has been adhered to. Paluzzi moves to issue the Certificate of Compliance. Seconded by Herbster. The motion carries 5 -0. REQUEST FOR DETERMINATION OF APPLICABILITY New: 939 Hale Street — Michael Nestor Maxner reads legal notice. Michael Nestor, applicant, addressed the Commission and explains he proposes to construct an 8'x 10' mudroom addition to the front of the house with stairs and landing which will be supported by four new sono tube footings (manual excavation for the holes). There will also be a 42" by 12" by 2" deep slab for the landing. Maxner notes the work to take place within the 100 -foot buffer zone to BVW (at approximately 65- feet+ from edge of wetland) and Land Subject to Coastal Storm Flowage (LSCF), outside of the riverfront area. Maxner supplies photographs of the site for the Commission, noting the wetland is at the edge of the existing retaining wall at the rear of the house. Jeff Gernarmal, the contractor, explains that a Conservation Commission August 1, 2017 Meeting Minutes Page 2 of 9 dumpster with access via the driveway will be used to remove any debris. The new roof surface will have a gutter running into the ground. Discussion ensues as to potential conitions, with Bertoni noting that all materials should be stored in the driveway and work to be accomplished manually. Paluzzi moves to issue Negative #2 and Negative #3 Determinations with the following conditions as discussed: 1. Excavation for the footings shall be accomplished by hand. 2. All construction materials, debris and staging shall be confined and contained within the driveway. 3. Excavated soils shall be contained to the front of the house and not deposited or spread at the rear of the house or within the wetland. 4. The applicant shall make sure that roof runoff from the shed does not cause erosion. Seconded by Buchsbaum. The motion carries 5 -0. New: 7 Alcann Road — Michelle Cushing Maxner reads legal notice. Don and Michelle Cushing address the Commission. Mr. Cushing explains his daughter proposes to install a 12'x16' storage shed within an area that contains crushed stone that was placed by the previous owner. Maxner notes the shed is approximately 76+ feet from the brook, and within the 25' NDZ to the BVW Mr. Cushing explains an existing tractor shed and the accompanying debris that is within the slope at the edge of the wetland will be removed and this area allowed to re- naturalize. The applicant is seeking a 25' NDZ waiver. Maxner notes that the area suggested for the shed is best on the site as no trees will be removed and impact will remain within the crushed stone area. Discussion addresses roof runoff, and how area will re- naturalize. Paluzzi moves to issue a Negative #3 Determination with the following conditions as discussed: 1. If area of tractor shelter has bare soil, native seed mix shall be cast to re- vegetate area. 2. Applicant shall make sure that roof runoff from the shed does not cause erosion of soil into the wetland. Seconded by Buchsbaum. The motion carries 5 -0. New: 996 Hale Street — Gerald Strathmann Maxner reads legal notice. Bob Griffin representing the applicant describes the applicant's proposal to abandon an existing failing cesspool and possibly a second cesspool and tie into City sewer system. Depending on the actual location of the cesspool, work involved in its abandonment will be approximately 72 feet from the BVW at its closest point. Installation of the new pump chamber will be about 89 feet from the BVW. Maxner supplies photos of the site to the Commission. Griffin notes the cesspools will be drained, filled with sand and crushed in existing lawn area. No trees will be removed. Paluzzi moves to issue a Negative #3 Determination with the following conditions as discussed: 1. Prior to work commencing, the applicant shall have the erosion controls installed and inspected by the Conservation Agent. Conservation Commission August 1, 2017 Meeting Minutes Page 3 of 9 2. Every effort shall be made to locate and properly abandon all cesspools on site. Seconded by Buchsbaum. The motion carries 5 -0. New: 55 Ober Street, Lynch Park — City of Beverly Recreation Department, c/o Joscelyn Ruelle - Kersker Maxner reads legal notice. Paluzzi moves to table to a later hour in the meeting to wait for the applicant to arrive. Seconded by Buchsbaum. The motion carries 5 -0. Recess for Public Hearings Paluzzi moves to recess for public hearings. Seconded by Buchsbaum. The motion carries 5 -0. NOTICES OF INTENT /ABBREVIATED NOTICES OF INTENT/REQUESTS FOR AMENDED ORDERS OF CONDITIONS Cont: 50 Dunham Road — Dunham Ridge, LLC c/o Stephen Drohosky Maxner reports that the applicant has responded to the first set of comments from the peer reviewer who needs time to review. Paluzzi moves to continue to the August 29t meeting. Seconded by Buchsbaum. The motion carries 5 -0. New: 9 Kinsman Street, DEP File #5 -1222 — MPM Companies, LLC c/o Michael McNiff Maxner reads legal notice. Bob Griffin representing the applicant summarizes that there is a small lot where drainage from BVW goes to 12" City drain pipe at elevation 94. The proposal is on the southern side of the property farthest possible location from the BVW to construct a 4 foot wide driveway and bring it back to the upland area. The proposed house would have a 1,000 s.f footprint with a small deck on the back. No garage is proposed. An area for parking cars will be along the side of the house with turn - around in front of it. Water and sewer utilities will come in from the street. Griffin explains details of rain garden and dry well stormwater features. About 1,200 s.f of disturbance is expected in 25' NDZ. Mitigation includes stormwater feature and infiltration chamber. He notes a number of invasive species will be thinned in area with shrubs planted along the frontage amounting to about 2,000 s.f of buffer zone enhancement. Areas in the back and side of the driveway will be used for snow storage. In response to Grandoni's question about zoning constraints, Griffin explains that a reduced setback is allowed since lot predates zoning (i.e., side yard from 15' to 8'). In response to Bertoni's question about stormwater runoff from the driveway, Griffin notes that it is beneficial to the wetlands to have a paved versus gravel driveway to avoid fines migrating. He also describes details associated with the retaining wall. Gutters will be on front and back of house directed to infiltration chamber. The bottom of the rain garden will be at elevation 97.5 higher than BVW. An open deck with pea stone below is proposed. Conservation Commission August 1, 2017 Meeting Minutes Page 4 of 9 Bertoni asks if there are any comments or questions from the audience. There are none. Members agree to schedule a site inspection. Paluzzi moves to continue the hearing to the August 29the meeting. Seconded by Buchsbaum. The motion carries 5 -0. A site visit was scheduled for August 8, 2017 at 4:30 p.m. Cont: 105 Sam Fonzo Drive, DEP File #5 -1218 — Beverly port Self Storage, LLC c/o Thomas Ford Tom Ford, Rick Salvo and Mary Rimmer are present to address the Commission. Ford describes revisions to the plans dated July 31, 2017, in the attempt to address the Commission's concerns. He notes that the detention basin has been moved to the rear of the lot, Building B's footprint has been reduced and the culvert crossing is designed outside the bank resource. General discussion ensues as to project changes, proposed stormwater facilities, and 25' no disturb zone waiver criteria. 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. New: 34 Paine Avenue, DEP File #5 -1223 — Rock Edge Irrevocable Trust c/o Charles Benevento Maxner reads legal notice. Ethan Davis of Dana Perkins, Thad Seimasko architect and Jeff Lawler general contractor are present for the applicant. Davis explains that there are no DEP comments with an assigned file number 005 -1223. He notes the resource areas and site conditions as identified on the plan. He explains the applicant proposes to construct a three -car garage, mudroom and sunroom addition, in- ground pool, cabana and other site improvements within the 100 -foot buffer zone to coastal bank. A sewer line to a forced main will be installed at the site. Discussion addresses infiltration chambers related to roof runoff. Discussion ensues regarding the proposal for steps and decorative landscape wall are in consideration of 25' NDZ waiver. Maxner notes her site observations and recommends some special conditions to address items on site not mentioned in scope of work. Bertoni asks about the capacity and design of the infiltration system. Davis explains the proposal. Bertoni notes that the 25 -year storm event should be part of the capacity design. Davis agrees to perform the calculations and make necessary changes to the system. 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. Reconvene Regular Meeting Conservation Commission August 1, 2017 Meeting Minutes Page 5 of 9 Paluzzi moves to reconvene the regular meeting. Seconded by Buchsbaum. The motion carries 5- 0. OLD /NEW /OTHER BUSINESS New: 875 Hale Street, DEP File #5 -1038 — Montrose School Park, LLC c/o Jeffrey Rhuda Jeffrey Rhuda, with Montrose School Park Symes Associates, describes how the Order of Conditions, issued in August of 2010, governs the construction of a 6 -lot conventional subdivision, a portion of the roadway and 3 of the houses are within the buffer zone. Maxner notes the Order was subject to the State Permit Extension Act, which extended the Order through August of 2017. Rhuda explains that due to a recently upheld appeal the subdivision has yet to commence. The only work undertaken to date has been demolition of the existing house in the buffer zone. Rhuda states he is asking for 2 years for the State Order of Conditions and 1 year for the Ordinance Order of Conditions. This is for the conventional subdivision plan. Paluzzi moves to issue a 2 year extension under the State Act and 1 year extension under the local Ordinance. Seconded by Herbster. The motion carries 5 -0. Cont: 55 Ober Street, Lynch Park — City of Beverly Recreation Department, c/o Joscelyn Ruelle - Kersker Bruce Doig Director of Recreation and Joscelyn Kersker Assistant Director address the Commission. Doig notes that without prior Conservation Commission approval, the City installed a concrete ADA ramp within the beach located adjacent to the parking lot, to service the previously permitted ADA access mats for beach wheelchairs over the sand to the shoreline. The Commission discussed this violation at a previous meeting and voted to require a new RDA for this work. Maxner notes that there is BVW along the side of the parking lot. Doig explains that the purpose of the ramp and mats is to allow ADA access to the water's edge and the DPW had advised that the grade of the beach in this location required a ramp to meet ADA guidelines. He noted that lines of communication were such that work started before proper approvals were obtained. Discussion ensues as to longevity of the ramp and sand movement over time. Doig agrees to monitoring and reporting requirements for the Commission's information and possible reexamining this if it does not prove to work. Paluzzi moves to issue a Negative #2 and Negative #3 with the following special conditions as discussed: 1. The ADA mats and beach chairs shall be operated seasonally from Memorial Day to Labor Day. 2. The ADA mats and associated stakes shall be removed from the beach and stored indoors in advance of a predicted coastal storm — as reported by the Recreation Director said mats and stakes experienced impact from storms in 2017. 3. The integrity and condition of the concrete ramp and surrounding beach area shall be monitored throughout the first year and fully evaluated in the Fall of 2018. Conservation Commission August 1, 2017 Meeting Minutes Page 6 of 9 4. Any damage to the ramp or significant erosion of sand surrounding the ramp shall be reported to the Commission and removal of the ramp or alternative mitigation shall be discussed as options at that time. Seconded by Buchsbaum. The motion continues 5 -0. New: 242 Dodge Street — Scott Barbeau — Staff update on status of Enforcement Order Maxner reports that, at the Commission's request, DEP has had an informal conversation with Mr. Barbeau. She notes that Mr. Barbeau has secured services with Morin - Cameron Engineering. She reports that the violation still exists so fines continue to the issued. Maxner has consulted with the City Solicitor on the current status of this situation and the Solicitor has asked if the Commission wishes for the City to pursue further enforcement by filing a court action. Discussion ensues as to process and efforts to gain compliance from Mr. Barbeau. Paluzzi moves for the Commission to ask the City Solicitor to take the next legal action and file in court per appropriate procedure. Seconded by Buchsbaum. The motion carries 5 -0. New: Senate Bill 94 — discussion /update on Bill status Bertoni provides an overview of Senate Bill 94, which MACC has submitted a letter of opposition to the bill. Discussion ensues as to the potential impacts of the bill on wetland protection. Maxner will draft a letter from the Commission that will be reviewed by the Chair. Paluzzi moves for the Commission to sign a letter opposing the current Senate bill 94, Section 16 with proposed changes. Seconded by Buchsbaum. The motion carries 5 -0. Cont: Draft Amendments to Beverly Wetlands Regulations — Update on review Maxner reports that special counsel Jeff Roelofs will be meeting with City staff in August and she will report back on progress made from there. Minor Project Permits Maxner reports the issuance of a Minor Project Permit, with Bertoni and Buchsbaum's approval, for 14 Bayview Avenue second story addition in the outer reaches of the buffer zone. Members review and have no comments or concerns. New: Expenditure Approvals Paluzzi moves to pay $543 for the Commission's annual MACC membership dues, which includes Conservation Agent as a member. Seconded by Buchsbaum. The motion carries 5 -0 Paluzzi moves to exprend $15 per member for the on -line subscription to the MACC Environmental Handbook. Seconded by Grandoni. The motion carries 5 -0. Paluzzi moves to pay special counsel Jeff Roelofs $1,036.90 for legal services review on the Wetland Regulations. Seconded by Buchsbaum. The motion carries 5 -0. Conservation Commission August 1, 2017 Meeting Minutes Page 7 of 9 Paluzzi moves to pay $100 to renew the Commission's Essex County Greenbelt Association membership. Seconded by Buchsbaum. The motion carries 5 -0. Orders of Conditions 34 Paine Avenue, DEP File #5 -1223 — Rock Edge Irrevocable Trust c/o Charles Benevento Discussion ensues as to the 25' NDZ waiver request. Buchsbaum notes there are site configuration and existing structures that limit locations for stone step relocation. He notes that the decorative landscape wall is within lawn area and does not pose an impact to the function of the coastal bank. Discussion ensues as to possible conditions to include in the Order. Buchsbaum moves to issue Order of Conditions under the State Act as discussed. Seconded by Paluzzi. The motion carries 5 -0. Paluzzi moves to issue the Order of Conditions under the local Ordinance with the following Special Conditions as discussed: 1. Calculations for the 25 -Year Storm Event and any resulting needed changes to the subsurface infiltration system shall be submitted to the Conservation Commission for review. This information shall also be forwarded to the City Engineer per the Stormwater Management Ordinance administered by that department. 2. As discussed with the project consultant and contractor at the August 1, 2017 hearing, demolition of the conservatory shall be accomplished manually with no heavy equipment to be operated within the 25' No Disturb Zone. 3. As discussed with the project consultant at the August 1, 2017 hearing, all yard waste and debris currently located between the easterly property line and the brick and stone retaining wall bump out, north of the 42" Linden tree, shall be removed and the area allowed to naturalize. Dumping of any kind shall cease within the 100 -foot buffer zone. This condition shall be on -going beyond the issuance of a Certificate of Compliance. 4. Any proposed work or repairs to the stone steps, chain link or other fencing located along the south east corner of the seawall shall be submitted to the Commission under a Minor Modification request. 5. Work or repairs on the seawall are neither proposed nor permitted under this Order of Conditions. Any such work proposed in the future must be filed under a new NOI or RDA, depending on the scope of work proposed. 6. Any and all pool water draw down for backwash or winter closure shall be prohibited within the 100 -foot buffer zone. This condition shall be on -going beyond the issuance of a Certificate of Compliance. Seconded by Buchsbaum. The motion carries 5 -0. 105 Sam Fonzo Drive, DEP File #5 -1218 — Beverly port Self Storage, LLC c/o Thomas Ford Discussion ensues as to the 25' NDZ waiver request. Bertoni notes the variable topography would require more extensive cut and fill and potential for blasting that would result in greater Conservation Commission August 1, 2017 Meeting Minutes Page 8 of 9 impact to the buffer zone and site in general. Buchsbaum notes the crossing at the narrowest stretch of stream channel. Discussion ensues as to possible conditions to include in the Order. Buchsbaum moves to issue the Order of Conditions as discussed under the State Act. Seconded by Paluzzi. The motion carries 5 -0. Paluzzi moves to issue the Order of Conditions under the local Ordinance subject to the following Special Conditions as discussed: 1. Erosion control shall consist of either 12" Filtrexx Siltsoxx (mulch/wood chip - filled) or conventional hay bales with silt fencing both entrenched below grade and securely staked. In addition, orange snow fencing shall be installed next to the Siltsoxx /hay bales along the limit of work — this is to delineate a very clear limit of work so that equipment will not encroach into the NDZ or wetland where encroachment is not proposed. 2. Additional stretch of erosion control as described in Special Condition #1 above shall be installed at the limit of work at the southerly end of the site at B Series wetland. 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 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 areas and re- seeded areas of the 25' NDZ shall be left to naturalize without pruning, mulching or other routine landscaping maintenance activities, aside from manual removal of invasive species without the use of herbicides. This Condition is on -going and shall survive beyond the issuance of a Certificate of Compliance. 5. If the use of herbicides is proposed, the applicant shall prepare and submit to the Commission for its review and approval a protocol, means and methods for application and target species list. 6. Prior to the issuance of a Certificate of Compliance, not less than 4 weather resistant signs or monuments, shall be installed equidistant along both sides of the edge of the 25- Foot No Disturbance Zone along the A Series and not less than 1 such monument at the B Series, bearing the following language "Protected Wetland Resource Area - No Disturbance Beyond This Point Per Order of Beverly Conservation Commission ". Said signs /monuments shall be installed such that they are not less than 2 feet and no more than 4 feet above grade and face the upland side to ensure that it is visible in the field. 7. The markers as described in Special Condition #4 above shall be kept in good repair and replaced as necessary. This condition shall survive in perpetuity beyond the issuance of a Certificate of Compliance. 8. 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 25' NDZ, intermittent stream, and bordering vegetated wetlands. This conditions shall be on -going and survive beyond the issuance of a Certificate of Compliance. 9. The Operation & Maintenance of all stormwater BMP's shall be adhered to, and all maintenance and inspection reports per the Stormwater Operation and Maintenance Plans Conservation Commission August 1, 2017 Meeting Minutes Page 9 of 9 shall be submitted to the Conservation Agent on an annual basis no later than December 31st of each year. This condition shall run in perpetuity beyond the issuance of a Certificate of Compliance. Seconded by Buchsbaum. The motion carries 5 -0. Approval of Minutes Buchsbaum moves to approve the May 2, 2017 minutes as amended. Seconded by Herbster. The motion carries 5 -0. Paluzzi moves to approve the November 16, 2016 minutes as amended. Seconded by Buchsbaum. The motion carries 4 -0 -1 with Herbster abstaining. Bertoni acknowledges Paluzzi's service to the Commission who is stepping down and thanks him for his service. Members wish him well and thank him for volunteering his time on the Commission all these years. Adjournment Grandoni moves to adjourn the meeting at 10:55 p.m. Seconded by Herbster. The motion carries 5 -0. The next regular meeting of the Conservation Commission is Tuesday, August 29, 2017 at Beverly City Hall, 3rd Floor Council Chamber.