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10-10-17 BCC MinCITY OF BEVERLY PUBLIC MEETING MINUTES BOARD: SUBCOMMITTEE: DATE: BOARD MEMBERS PRESENT: BOARD MEMBERS ABSENT STAFF MEMBERS PRESENT OTHERS PRESENT: RECORDER: Conservation Commission October 10, 2017 Chair Christine Bertoni, Vice Chair Robert Buchsbaum, David Dines, Rick Grandoni, Stephanie Herbster, Jenna Pirrotta, Bill Squibb 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. CERTIFICATE OF COMPLIANCE New: Pond View Lane (formerly 232 Essex Street), DEP File #5 -1127 — construction of a subdivision roadway and associated utilities, and development of Lots 7, 8, 9, 13, 14, 15, & 16 — Paul DiBiase Paul and Diandra DiBiase are present. Maxner reports the Order, issued in November of 2014, governed construction of an OSRD subdivision roadway and associated utilities, and the development of Lots 7, 8, 9, 13, 14, 15, & 16, which fell within the buffer zone. Paul DiBiase notes the Planning Board has recommended street acceptance. Certification from project wetland scientist has been received on plantings installed in 2015 and survivorship. Maxner reports that the site is stable and plantings are doing well after two growing seasons and the NDZ markers were installed. Discussion ensues about shifting the marker at the path to the north side when erosion control is removed, with DiBiase agreeing to call Maxner when those tasks are complete. Perpetual conditions are reviewed. Herbster moves to issue a complete Certificate of Compliance under the state Act and local Ordinance and include perpetual conditions as discussed. Seconded by Grandoni. The motion carries 7 -0. REQUEST FOR DETERMINATION OF APPLICABILITY New: 685 Hale Street — Dr. Samuel Carito Maxner reads legal notice. Bob Griffin representing the applicant describes the applicant's intention to abandon existing septic system and connect to City sewer line. A forced main fed Conservation Commission October 10, 2017 Meeting Minutes Page 2 of 7 from a new pump chamber is proposed within the 100 -foot buffer zone, 25' NDZ and underneath a small terminal section of intermittent stream in grassy lawn areas and within the driveway. He notes that BVW is located across the street and drains via a pipe under Hale Street to the drain line and stone -lined open channel to the north of the house. Discussion addresses how no significant water problems are expected at the site during trenching. Fill (sand and gravel) would be used to backfill septic system. Construction access would be on the driveway, and Hale Street will have to be shut down for a short time. The project could take approximately three days to complete. Discussion ensues about the 250 feet of trench, with Griffin explaining sections will be completed each day. The abutter is already connected to the City sewer. A small bobcat would be used for the project. The Commission discuss the NDZ waiver request and make findings. Buchsbaum moves to issue Negative #2 and #3 Determination, with a waiver from the 25' NDZ, with the following conditions: 1. Prior to work commencing, it is the responsibility of the applicant to procure all other applicable federal, state and local permits and approvals required for this project, and no work within the Commission's jurisdiction shall commence until all permits, approvals, and variances required by the City of Beverly or other entities have been obtained. This is to ensure that impact to jurisdictional areas are avoided in the case that any such permit is denied or withheld for any period of time, thereby maintaining the integrity of the resource area or buffer zone until such time all approvals are granted. Such approvals /permits shall include, but not be limited to: • Utility easement • Board of Health • Road opening & trench permits 2. Prior to work commencing a de- watering plan showing methods and locations of dewatering BMP's shall be submitted to the Commission for review. 3. Prior to work commencing, a work sequence /construction schedule and a narrative describing construction means, methods and equipment to be used shall be submitted in writing to the Commission for its file. 4. Prior to work commencing, erosion control devices shall be in place and shall be inspected by the Conservation Agent. Erosion control shall be maintained in good repair during construction in the buffer zone. The erosion control specification provided on the approved plan will be the minimum standards for this project; the Commission may require additional measures. 5. Within thirty days of completion of construction on any given portion of the project, all disturbed areas in the completed portion of the site shall be permanently stabilized with rapidly growing vegetative cover, using sufficient top soil to assure long -term stabilization of disturbed areas. If the season is not appropriate for plant growth, exposed surfaces shall be stabilized by other appropriate erosion control measures, firmly anchored, to prevent soils from being washed by rain or flooding. 6. Upon completion of construction, the applicant or current landowner shall submit An "As- Built" plan signed and stamped by a Registered Professional Engineer showing post - construction conditions and: Seconded by Herbster. The motion carries 7 -0. Conservation Commission October 10, 2017 Meeting Minutes Page 3 of 7 Recess for Public Hearings Squibb moves to recess for public hearings. Seconded by Buchsbaum. The motion carries 7 -0. NOTICES OF INTENT /ABBREVIATED NOTICES OF INTENT/REQUESTS FOR AMENDED ORDERS OF CONDITIONS Cont: 9 Waldemar Avenue, DEP File #5 -1224 — John Avallon Grandoni recuses himself from this hearing and leaves the room. Bob Griffin representing the applicant describes proposal to demolish the existing house and construct a new single family house. Work to take place within Land Subject to Coastal Storm Flowage, 100 -foot buffer zone to coastal bank and bordering vegetated wetland. Portions of the existing house are within the 25' NDZ to the BVW, which will be removed and the area to be loamed and seeded for lawn. An infiltration trench is proposed to capture front roof runoff. He notes the Commission held a site inspection and no plan changes were requested. Discussion addresses the Commission's on site observations, the proposal the patio that the Commission will expect to be pervious. Griffin reports that the overall impervious area on site will be increased by approximately 1,322 s.f., but there will be a decrease of 380 s.f in the NDZ. The hedge wall will be labeled more thoroughly on the plan. The property owners will maintain catch basin as it is a private section of roadway. Bertoni asks if there are any questions from the audience. There are none. Buchsbaum moves to close the hearing. Seconded by Herbster. The motion carries 6 -0. Grandoni returns to the meeting. New: 38 Cole Street & 4 Thomas Road, DEP File #5 -1226 — Bass River, LLC c/o Lusignan Maxner reads legal notice. Bob Griffin representing the applicant explains this NOI is in response to a cease and desist issued by the Agent. He explains the project is to create private outdoor area for group home residents to sit outside. Mary Rimmer flagged the wetlands. He notes the proposal is to construct new and repair existing neighboring retaining walls, install a patio, gazebo and perform landscaping. Work to take place within the 100 -foot buffer zone to BVW but outside the 25' NDZ. Erosion control will be placed in downhill area near property line. Bertoni asks about grade changes, Griffin explains grading will be done to make area for patio flatter, with one to two feet of fill to be brought into the area, and the existing driveway and path will remain as is. Herbster asks about access to work areas. Griffin states from 38 Cole Street through the drive and behind the house to access both patio area and shared retaining wall. Conservation Commission October 10, 2017 Meeting Minutes Page 4 of 7 Bertoni asks if there are any questions from the audience. Resident of 2 Thomas Road asks how far the proposed fence will be from her property line. Griffin responds about 2 to 3 feet from her boundary. The Commission schedules a site visit for 8 a.m. on Saturday, October 21st. Grandoni moves to continue the hearing until November 1, 2017. Seconded by Squibb. The motion carries 7 -0. New: 15, 43 & 47A Water Street — Beverly Port Marina c/o Jonathon Silver Maxner reads legal notice. Jonathan Silver, general manager of Beverly Port Marina, represents the applicant, explains that applicant seeks to retroactively license a number of existing floating docks at the site per Chapter 91 requirements. The proposal is also to install 28 new piles at various locations within the float layout. Silver describes wear and tear on mooring chains versus use of piles and preference by Army Corps for piles. Also proposed is to install a fence on the land side along the public access. Silver mentions BPM's interest in straightening out walkway (located between seawall and fence) for improved access. One section would require using concrete to fill and bring up to grade. Discussion ensues about how mean low tide is six to eight feet. The Commission asks the applicant for a stamped, engineered plan and copies of documents issued by DEP, and for the proposed filled area in the seawall for path to be noted on the plan. Bertoni asks if there are any questions from the audience. There are none. The Commission schedules a site visit was for 8:30 a. m. on Saturday, October 21st. Buchsbaum moves to continue the hearing until November 1, 2017. Seconded by Grandoni. The motion carries 7 -0. Reconvene Regular Meeting Bertoni moves to reconvene the regular meeting. Seconded by Herbster. The motion carries 7 -0. OLD /NEW /OTHER BUSINESS New: 43 Water Street, DEP File #5 -1079 — Beverly Port Marina c/o Jon Silver Jonathan Silver representing the applicant, explains the project was permitted in December 2014 and no physical work has been done to install a new sheet pile bulkhead and fill 500 s.f of land under the ocean, install travel lift platforms, facilities, docks and new support piles. The Order is due to expire in November. He notes a survey was done and borings were drilled to determine soils which are good for driving sheet piles. The applicant is trying to get engineering done by the end of the year and the work done by a year from now. Maxner reminds the Commission of the special condition, with one that requires 100% engineering and construction plans to be submitted to the Commission prior to the work commencing in water. Squibb moves to issue an extension under the state Act and local Ordinance for one year. Seconded by Herbster. The motion carries 7 -0. Conservation Commission October 10, 2017 Meeting Minutes Page 5 of 7 New: 6 & 11 Quincy Park and 3 Wilson Avenue (DEP File #'s 5 -1172, #5 -1173 and #5- 1069 (respectively) — Paul Earl, Patricia Brandes & John Mullen Bob Griffin representing the applicants describes how the Minor Modification request seeks to formally permit the sink holes that were remedied under an Emergency Certification issued in January and to introduce proposed grouting work behind and on the landward side of concrete seawalls to address voids identified. He explains that revetment repair will be installed according to the plan. (Revetment work has already been completed for 3 Wilson Avenue). Also that holes will be sealed with low pressure cement grout injection (at low tide) before rocks are placed to stabilize movement of sand and gravel away from properties. The work is expected to take from three to five days. A staging area will be set up which will be reseeded and stabilized once work is done. Discussion ensues as to grout work logistics and ability to monitor void acceptance of grout. Griffin suggests that grout work is an extension of existing revetment project (to prevent erosion from wave action). Maxner recommends that this scenario could be forwarded to CZM for insight as CZM may have encountered this type of work somewhere else in MA. John Mullen of 3 Wilson Avenue spoke to how he had sink holes and he thinks that the revetment does prevent that damage from occurring although he notes that the earth will continue to settle over time. The Commission members concurred about seeking an opinion from CZM Commissioners will walk the beach individually at low tide to view the site. Buchsbaum moves to continue the request for Minor Modification until the November 1, 2017 meeting pending guidance received from CZM Seconded by Herbster. The motion carries 7 -0. Cont: Draft Amendments to Beverly Wetlands Regulations — Update on review Maxner notes she, Chair Bertoni, Vice Chair Buchsbaum, City Solicitor Stephanie Williams, special counsel Jeff Roeloffs met last week to review a final draft of proposed edits to the regulations, which could be forwarded to the Commission later this month. New: Review of Minor Project Permits Issued by Agent None issued since the last meeting. ADUroval of Minutes No minutes ready for the Commission's review. New: Expenditure Approvals: Bertoni moves to reimburse Maxner for mileage for the 3 -month period of July, August and September of 2017 at $132.30. Seconded by Herbster. The motion carries 7 -0. Orders of Conditions Conservation Commission October 10, 2017 Meeting Minutes Page 6 of 7 9 Waldemar Avenue. DEP File #5 -1224 — John Avallon Discussion ensues as to performance standards under the Act. Squibb moves to approve the project under the Act, subject to general conditions. Seconded by Herbster. The motion carries 6- 0-1, with Grandoni abstaining. Discussion ensues as to the 25' NDZ waiver request, with Bertoni noting that existing structures are located within the NDZ requiring work in this zone to accomplish their removal. Buchsbuams states that post construction conditions will be free of structures and will not result in further degrading the NDZ over current conditions. 1. Prior to any work commencing or Conservation Commission sign off on any building or demolition permit, a revised site plan shall be submitted to the Commission reflecting the following: a. Total impervious surface calculations within the buffer zone and land subject to coastal storm flowage shall be listed on the plan; b. The vegetated hedgerow located along the top of coastal bank shall be called out on the plan; c. A notation at the orphaned asbestos treated pipe shall be labeled for its removal and proper disposal. 2. Any specifications for changes or upgrades to fencing on site shall be submitted to the Commission and shall include at least 4 inches of space between the bottom member of the fence and the ground surface to allow for small wildlife movement. 3. The 24" diameter deciduous tree located just south of the proposed patio shall be preserved and its root structure and drip zone edge shall be protected during construction to avoid construction equipment traffic over said zones. 4. If the 24" diameter tree noted above (or any other trees on site within jurisdiction) requires pruning or removal based on a certified arborist's written diagnosis that the tree poses a hazard or is in imminent decline /failure, such proposed pruning or removal shall be reviewed by the Commission under a separate application. This condition is on- going. 5. The proposed patio shall be constructed of pervious materials or in such a manner that precipitation /runoff can infiltrate. 6. To ensure proper function and survival of the rain garden, the project engineer or qualified wetland consultant shall supervise construction of rain garden and associated plant installation to ensure proper grades and design are established. 7. It shall be the responsibility of the homeowner to properly maintain the rain garden to ensure its continued intended function. This condition shall survive in perpetuity beyond the issuance of a Certificate of Compliance. 8. The Commission shall review and approve any proposed changes to the rain garden either during or after construction. This condition shall survive in perpetuity beyond the issuance of a Certificate of Compliance. 9. It shall be the responsibility of the homeowner to maintain and clean the catch basin at least once per year or more frequently if directed by the manufacturer. This condition shall run in perpetuity and shall survive the issuance of a Certificate of Compliance. Bertoni moves to grant the 25' NDZ waiver and issue the Order of Conditions as discussed under the local Ordinance. Seconded by Pirrotta. The motion carries 6 -0 -1 with Grandoni abstaining. Conservation Commission October 10, 2017 Meeting Minutes Page 7 of 7 Other Business: 50 Dunham Road — Peer Review Cost Overage Maxner explains that Beals and Thomas peer review cost had and overage for their supplemental response in the amount of $643.88 which the applicant did not expect or had been asked to pay for up front. She asks if the Commission would cover this cost. Herbster moves for the Commission to pay $643.88 for remainder of cost from Beals and Thomas. Seconded by Buchsbaum. The motion carries 7 -0. Adjournment Buchsbaum moves to adjourn at 10:20 p.m. Seconded by Herbster. The motion carries 7 -0. The next regular meeting of the Conservation Commission is Tuesday, November 1, 2017 at Beverly City Hall, 3rd Floor Council Chamber.