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08-29-17 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 29, 2017 Vice Chair Robert Buchsbaum, Rick Grandoni, Stephanie Herbster, Tony Paluzzi, Jenna Pirrotta Chair Christine Bertoni Amy Maxner, Environmental Planner Jane Dooley Buchsbaum calls the meeting to order at 7:00 p.m. at Beverly City Hall, City Hall 3" Floor Chambers, Beverly, MA. Buchsbaum thanks Paluzzi for his many years of dedicated service to the Commission upon his retirement from the Commission. REQUEST FOR DETERMINATION OF APPLICABILITY New: 100 Sohier Road, Beverly High School — City of Beverly, c/o Michael Collins Maxner reads legal notice. Lindsay Machomer with PARE, Art Eddy with Birchwoods Design and Michael Collins DPW Commissioner for the City are in attendance. Machomer describes plans to reconfigure the existing practice field to two new softball diamonds (sand surface versus grass), install backstop fencing, benches, foul poles, score board and dug outs, stone dust pathways and irrigation system. Work to take place within 100 -foot buffer zone to BVW, 200 - foot Riverfront Area and 100 -Year Floodplain (bordering land subject to flooding). A wetland delineation was done in 2007. She notes efforts were made for work to not occur in 25' NDZ or beyond previously disturbed area. The Commission reviews the plans, and discussion ensues suggesting that wetland flagging be re- installed for reference. Maxner will inspect erosion control installation and flagging prior to start of work. Maxner notes the high school site was subject to an Order of Conditions in 2008 that governed renovation and construction of areas of the School as well as reconfiguration of parking areas and other facilities on site. She explains special conditions required tree planting along the riverfront area, but these plantings have not been undertaken, and a Certificate of Compliance has not been issued. The representative notes that the contractor for the new project will do the plantings. Discussion ensues as to possible conditions. Paluzzi moves to issue #2 and #3 Negative Determinations with the following conditions: Conservation Commission August 29, 2017 Meeting Minutes Page 2 of 7 1. Prior to work commencing on site, the wetland line associated with the work in the subject buffer zone shall be re- flagged in the field and the Conservation Agent shall be notified for verification. 2. Prior to work commencing on site, a mitigation planting plan for the 25' No Disturb Zone that is commensurate for the proposed NDZ incursion, shall be submitted for Commission review and approval. 3. Prior to or at least concurrent with work on site, the 25' No Disturb Zone mitigation planting plan as well as the previously required tree planting under Order of Conditions DEP File #5 -986 shall be carried out. See attached for the OOC #5 -986 planting plan for reference. — Once the plantings have been installed, the Conservation Agent shall be notified for verification. 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 Mike Aveni, Steve Drohosky and Mark Sleger are present. Aveni summarizes review of the NOI including a peer review on their speculative project with advanced stormwater infrastructure. He notes the stormwater management system is designed to support 270,000 s.f of impervious surface. He notes wetland flags have been re- established in the field. Aveni suggests that the proposed project is not expected to adversely impact adjacent resource area. Matt Cote and Gerry Greble of Beals and Thomas, peer reviewer for the Commission are present. Cote refers to their August 10, 2017 review letter and reviews the points made therein which call for the need of MEPA review, revised existing conditions plan and test pits to affirm stormwater assumptions, and notes the comments that have been addressed and those that are still in question. Discussion ensues with the applicant about possibility of two buildings developed on the site that would be upland. Aveni notes the lowland would be used for drainage. The slope would be 3:1. Discussion addresses if there is any option to avoid cutting into ledge, with Pirrotta noting that absent buildings the shape of the detention basin can change to avoid impacts. Drohosky notes their need to maximize use of the upland portions of the site. Buchsbaum opines that the applicant could come before the Commission when an actual project is proposed. Discussion ensues about MEPA advisory opinions that have been sought by the City and the applicant. Buchsbaum asks if there are any questions from the audience. There are none. Conservation Commission August 29, 2017 Meeting Minutes Page 3 of 7 Paluzzi moves to close the hearing. Seconded by Buchsbaum. The motion carries 5 -0. Cont: 9 Kinsman Street — MPM Companies, LLC c/o Michael McNiff Bob Griffin and Mike McNiff are present. Griffin briefly recaps the project and notes that wetland flags and site conditions were reviewed during recent site walk with the Commission. He notes that wetland consultant Bill Manuell revisited the site to review flag locations as requested by the Commission and provided a follow up letter confirming the current delineation. Discussion ensues as to possible materials for the driveway, with Griffin noting pervious pavement is not practical here. Buchsbaum asks review of the mitigation for incursion into the 25' NDZ. Griffin explains rain garden and buffer zone replanting proposed. Buchsbaum asks if there are any questions from the audience. There are none. Grandoni moves to close the hearing. Seconded by Buchsbaum. The motion carries 5 -0. New: 11 Whitehall Circle — WC Development, LLC c/o Gary Patch Maxner reads legal notice. Bob Griffin representing the applicant explains the previous Order expired which governed construction of a single family house, for which the site grading was started. He notes the new owner plans to start the project this fall, noting that a smaller amount of grading is proposed compared to previous plan. Drainage calculations were done and sent to peer review consultant and the City Engineer. A 1,000 gallon dry well versus 500 gallon dry well will be used as the result of increase in impervious surface. The detention pond remains appropriately sized. The Commissioners agree they will individually visit the site as their schedules permit. Discussion addresses if proposed house could be located slightly farther away from the wetland. Buchsbaum asks if there are any questions from the audience. There are none. Paluzzi moves to continue until September 20, 2017 meeting. Seconded by Herbster. The motion carries 5 -0. Reconvene Regular Meeting Paluzzi moves to reconvene the regular meeting. Seconded by Buchsbaum. The motion carries 5- 0. OLD /NEW /OTHER BUSINESS New: 550 Cabot Street, DEP File #5 -1136 — Beverly Children's Learning Center c/o Judith Cody Judy Cody of BCLC is present. Maxner notes the Commission issued an Order three years ago for site improvements. Cody notes fencing has been installed, and the plans are to remove asphalt driveway and return area to grass and /or playground sod when additional funds are available. Maxner reports that the area with yard waste from the previous owner was cleaned up Conservation Commission August 29, 2017 Meeting Minutes Page 4 of 7 and reseeded and she asked that the catch basin be surrounded with cape cod berm to redirect water. She notes the site is contained and erosion control is working well. Paluzzi moves to extend the Order of Conditions for one year. Seconded by Herbster. The motion carries 5 -0. New: 147 West Street, DEP File #5 -1132— Margarita & Paul Medini Laura Gibson representing the applicant explains the need for an extension based on house project taking a year longer than expected. Therefore plantings were not begun until spring of 2016. Eradication of poison ivy and bittersweet was done during 2015 and 2016. Cool weather conditions caused some replanting to be done. There was an increase in the number of native plants and shrubs. Paluzzi moves to grant an extension of one year to allow for monitoring of survivorship of plantings Seconded by Herbster. The motion carries 5 -0. New: 92 Boyles Street, DEP File #5 -1161 — request for Minor Modification to Order of Conditions — Ryan Livermore Ryan Livermore is present explaining his interested in shifting the location of the proposed house closer to the front lot line and further away from the vernal pool. He notes the actual foundation size of the house will be reduced by 30% but there will be a covered front porch. A private well will be used, and City sewer. A pre - construction meeting will be held for Maxner to inspect erosion control. Paluzzi moves to issue a Minor Modification to Order of Conditions. Seconded by Grandoni. The motion carries 5 -0. New: 4 Emily Way — tree removal request — Scott Goss Maxner notes the information is forthcoming on this request. Paluzzi moves to continue to the September 20, 2017 meeting. Seconded by Herbster. The motion carries 5 -0. New: Planning Board Request for Comments — 20, 30 & 40 Webster Avenue — OSRD Site Plan Annlication — Benco. LLC c/o Ben Carlson Bob Griffin representing the applicant describes the property and watershed context. He notes a yield plan will be presented to the Planning Board that meets subdivision regulations. The proposal is for 9 houses, test pits were done, and some blasting will be required. A grading plan was summarized for the Commission. Four alternative layouts were outlined for the Commission and briefly discussed. Open space from this project may be gifted to Essex County Greenbelt. The Commission reviews the conceptual plans noting that the detention basin should be located as far from the wetlands as possible, with members noting their preference for both C -4c and C- 4d limit the amount of impervious surfaces and act to cluster the proposed houses closer together. Commission notes these two plans with a slight preference for C -4c as yard space is more clearly Conservation Commission August 29, 2017 Meeting Minutes Page 5 of 7 defined and somewhat separated from each other to allow some level of privacy between the units. Cont: Draft Amendments to Beverly Wetlands Regulations — Update on review Maxner reports that Chair Bertoni, Vice Chair Buchsbaum, City Solicitor Stephanie Williams and Maxner met with Jeff Roelofs a month or so ago to review amendments. She hopes these will be finalized in September and presented to the entire Commission and subsequently the public. New: Review of Minor Project Permits Issued by Agent Paluzzi moves to issue a minor project permit for 5 Brookhead Avenue. Seconded by Herbster. The motion carries 5 -0. New: Expenditure Approvals: None. ADUroval of Minutes Herbster moves to approve the May 24, 2017 minutes as amended. Seconded by Grandoni. The motion carries 5 -0. Orders of Conditions 50 Dunham Road— Dunham Ridge, LLC c/o Stephen Drohoshy Discussion addresses challenge for the Commission to make a decision about buffer zone disturbance when proposed project is unknown, and impact on size of proposed detention basin. Discussion ensues as to the developable upland area consisting of vacant acreage that provides multiple alternatives for designing the project outside jurisdictional areas or shrink the footprint of activities within the buffer zone. Buchsbaum notes no alternatives were provided to the Commission for evaluation. Discussion ensues regarding the full scope of the development being unknown. Members discuss the proposed blasting of ledge where there seemed to be room within the site to shift the location of the basin in order to avoid blasting so close to the wetland. Members discuss whether lack of mitigation to off -set impacts. Paluzzi moves to deny project and prohibit the work under the Act and Ordinance based on discussion. Seconded by Herbster. The motion carries 5 -0. 9 Kinsman Street— MPM Companies, LLC c/o Michael McNiff Discussion ensues as to decision under the Act. Paluzzi moves to approve the project under the Act subject to general and following special conditions as discussed: Conservation Commission August 29, 2017 Meeting Minutes Page 6 of 7 1. Prior to Conservation Commission building permit or foundation permit sign off and construction or any activity on site, all yard waste piles and foreign debris /objects shall be removed from within the wetland and buffer zone and disposed at an appropriate off - site facility. A site inspection shall be scheduled with the Conservation Agent to verify compliance with this condition. 2. Erosion controls shall consist of hay bales and silt fence both entrenched below grade and securely staked. 3. The retaining wall and driveway with binder coat and berm shall be constructed prior to any other element of the project so as to ensure a stable site access. The binder - coated driveway shall be kept clean to reduce sediment load and keep soils from being tracked on to the public street. 4. Care shall be taken to ensure that the driveway is properly graded per the approved plan so that runoff is directed to the rain garden and away from the wetland. Seconded by Herbster. The motion carries 5 -0. Discussion ensues as to the applicant's request for waiver from the 25' NDZ under the Ordinance, with Buchsbaum noting this is a grandfathered buildable lot, which is constrained by its dimensions and moreover by the location of the wetlands along the frontage of the lot. Discussion ensues relative to incursions mitigated for by way of LID stormwater runoff management (i.e. rain garden) and buffer zone restoration plantings to improve existing degraded conditions of the NDZ. Paluzzi moves to grant the 25' NDZ waiver and issue standard and the following special conditions as discussed under the local Ordinance. 1. Prior to Conservation Commission building permit or foundation permit sign off and construction or any activity on site, all yard waste piles and foreign debris /objects shall be removed from within the wetland and buffer zone and disposed at an appropriate off - site facility. A site inspection shall be scheduled with the Conservation Agent to verify compliance with this condition. 2. Erosion controls shall consist of hay bales and silt fence both entrenched below grade and securely staked. 3. The retaining wall and driveway with binder coat and berm shall be constructed prior to any other element of the project so as to ensure a stable site access. The binder - coated driveway shall be kept clean to reduce sediment load and keep soils from being tracked on to the public street. 4. Care shall be taken to ensure that the driveway is properly graded per the approved plan so that runoff is directed to the rain garden and away from the wetland. 5. The rain garden shall be constructed under the direct supervision of the design engineer or qualified wetland scientist /consultant to ensure proper function and design. Written or photographic evidence of said supervision shall be provided to the Commission to ensure compliance with this condition. 6. The 12" Norway maple located at the front of the property (approx.. 18' west of wetland flag 2A) may be removed contingent upon the planting of a native tree species not less than 2" in caliper and installed in the same general vicinity within the 25' No Disturb Zone restoration area. Conservation Commission August 29, 2017 Meeting Minutes Page 7 of 7 7. Prior to the issuance of a Certificate of Compliance, all No Disturb Zone markers shall be installed per the approved plan and they shall have plaques bearing language on their upland side reading "No Disturbance Beyond This Point By Order Of the 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 to ensure that it is visible in the field. 8. The markers as described in Special Condition #7 above shall be kept in good repair and replaced as necessary. This condition shall be on -going and shall survive beyond the issuance of a Certificate of Compliance. 9. Prior to the issuance of a Certificate of Compliance, the mitigation plantings shall exhibit at least 75% overall survivorship for herbaceous and 100% for trees 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. 10. The mitigation planting areas 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. 11. Other than side -cast of snow due to routine plowing activities along the driveway, snow storage by way of purposeful pushing or depositing, stockpiling or dumping is prohibited within the 25' NDZ, and wetland. Snow storage, as described by the project engineer snow can be stockpiled at the easterly corner of the house at end of driveway. This condition shall be on -going and survive beyond the issuance of a Certificate of Compliance. Seconded by Grandoni. The motion carries 5 -0. Adjournment Paluzzi moves to adjourn the meeting at 10:15 p.m. Seconded by Herbster. The motion carries 5- 0. The next regular meeting of the Conservation Commission is Tuesday, September 20, 2017 at Beverly City Hall, 3rd Floor Council Chamber.