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11-01-17 BCC MinCITY OF BEVERLY PUBLIC MEETING MINUTES BOARD: SUBCOMMITTEE: DATE: BOARD MEMBERS PRESENT: BOARD MEMBERS ABSENT STAFF MEMBERS PRESENT OTHERS PRESENT: RECORDER: Conservation Commission November 1, 2017 Chair Christine Bertoni, Vice Chair Robert Buchsbaum, David Dines, Rick Grandoni, Jenna Pirrotta, Bill Squibb Stephanie Herbster 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: 17 Bay View Avenue, DEP File #5 -662 — Nicholas Argeros Bob Griffin representing the applicant, who has recently sold the property, notes this request for Certificate of Compliance is to close out an Order from 1999 governing construction of an addition, deck, retaining walls, grading and landscaping. He has provided an as -built plan (with 2017 FEMA maps flood zones) as well as changes to the layout compared to the 1999 plan. Maxner and Griffin conducted a site walk and Maxner states the site is stable. In response to Buchsbaum's question about deviations from the plan, Griffin explains that a stone and mortar apron was placed along the top of the stone seawall to deflect wave spray away from lawn, but he does not see any negative effects from this or any erosion around it. He note the seawall is in very good condition. Bertoni asks about the drainage discharge, with Griffin noting the roof runoff goes to the bituminous driveway that has a catch basin which discharges to the ground under the fire pit but its outlet could not be found or detected, with no areas of impact from the estimated terminal end. He notes a shed was placed on rocks where a gravel parking area had been considered. Dines moves to issue a complete Certificate of Compliance. Seconded by Grandoni. The motion carries 6 -0. New: Cabot Street/Herrick Street, DEP File #5 -1116 — City of Beverly Maxner notes, the Order, issued in May of 2014, governed the replacement of a culvert section from stone to concrete pipe, reconstruction of an existing stone headwall to pre -cast concrete, dredging portion of stream channel immediately adjacent to culvert inlet, and modifying bank Conservation Commission November 1, 2017 Meeting Minutes Page 2 of 7 slopes. Mike Collins, Commissioner of Public Services and Engineering, on behalf of the City describes headwall replacement at Cabot/Herrick Streets intersection. The area was excavated and foundation installed as well as concrete headwall and rip rap 25 ft. upstream from the headwall. He notes that a sediment settling basin/pool will help capture sediment before it goes through the pipes. He note that there were no unexpected issues during construction. Maxner explains she has visited the site during construction a number of time to ensure conditions were met. From today's site inspection, Maxner reports that six trees were planted on the field side as well as 13 blueberry bushes. She notes that the trees all appear to be doing well with the possible exception of one oak located on the gas station side. Side slope and rip rap appears to be stable. There is some debris that collected after recent storm at mouth of 56 inch pipe which will be removed, according to Collins which will be removed as the City's headwalls are inspected a few times a year and any sand is removed. An as -built plan was not provided to the Commission but Collins mentions that the construction was done according to the design plan including grading. Grandoni moves to issue a complete Certificate of Compliance with on -going conditions as noted in the Order. Seconded by Squibb. The motion carries 6 -0. UEST FOR DETERMINATION OF APPLICABILITY New: 10 Stone Ridge Road —Andrea Russello Maxner reads legal notice. Bill Manuell representing the applicant explains that there is an existing house at the property undergoing a kitchen renovation where doors and windows will be changed as well as construction of a rear deck behind the house. Beside the home is an existing stone patio and set of steps which will be turned so it will not encumber the deck as much as it does currently. Carpentry work will be done on the steps over the existing flag stone patio which is in good shape. The deck extends out to a grass area on hand dug sonotube holes. Poured concrete will be used and removed soil will be incorporated into the landscape. The proposed work is in the buffer zone and the wetlands have been flagged at the site. There is a block wall with an embankment that was constructed as part of the City's Chubb Brook drainage project. Maxner notes that enhancement plantings were required as part of a Negative Determination with the previous owner for an addition, but she did not see any plantings while on site. Maxner suggests that the mulched slope to the rear of the house could be changed to low growing shade tolerant vegetation (or allowed to re- naturalize) rather than continue to be mulched. Manuell explains the removed soil will be spread around the foundation, construction debris will be removed daily and the driveway will be access to the work area. Manuell notes that the home owner would like to explore planting along the berm at the block wall, with Bertoni stating that proposal would have to be a separate application. Buchsbaum moves to issue a Negative #3 Determination with the following conditions: 1. The mulched area along the slope upgradient from Wetland Flags A3 thru A5 shall be left to naturalize without further mulching, mowing or pruning. Conservation Commission November 1, 2017 Meeting Minutes Page 3 of 7 2. Any proposed plantings between the Wetland Flag Series A and B shall be reviewed under a separate application with the Commission. Seconded by Herbster. The motion carries 6 -0. Recess for Public Hearings Squibb moves to recess for public hearings. Seconded by Buchsbaum. The motion carries 6 -0. Abbreviated Notice of Resource Area Delineation New: 4 Bomac Road, DEP File #5 -1227 — 4 Bomac Realty, LLC c/o Peter Almeida Maxner reads the legal notice. Chris Gajeski of Meridian Associates representing the applicant explains the property has received a zoning variance from the ZBAwhich would allow automotive retail use. He notes Meridian has submitted the ANRAD for review and confirmation of delineated wetland resources on site, which includes Bordering Vegetated Wetland, bank/mean high water of perennial stream and associated 200 -foot Riverfront Area. Bertoni asks clarification on the nature of the stream. Gajeski explains that the stream is not depicted on the USGS map but it has been observed to have flow throughout the year and therefore considered perennial with a Riverfront. Bertoni asks clarification on the monitoring wells. Gajeski notes that there is a Release Tracking Number from DEP on the property. Bertoni asks if there are any questions from the audience. There are none. The Commission schedules a site walk for Saturday, November 4, 2017 at 9 a.m. Squibb moves to continue the hearing until the Commission's next meeting on November 29, 2017 pending the site walk. Seconded by Buchsbaum. The motion carries 6 -0. NOTICES OF INTENT /ABBREVIATED NOTICES OF INTENT/REQUESTS FOR AMENDED ORDERS OF CONDITIONS New: 38 Cole Street & 4 Thomas Road, DEP File #5 -1226 — Bass River, LLC c/o Lusignan Bob Griffin representing the applicant recaps the project noting the Commission held a recent site inspection. Bertoni notes that the site walk was helpful for her to understand site conditions and all her questions were answered during the walk. Members concur. Bertoni asks if there are any questions from the audience. There are none. Buchsbaum moves to close the hearing. Seconded by Grandoni. The motion carries 6 -0. Cont: 15, 43 & 47A Water Street, DEP File #5- — Beverly Port Marina c/o Jonathon Silver Jonathan Silver, general manager of Beverly Port Marina, represents the applicant who seeks to retroactively license a number of existing floating docks at the site per Chapter 91 and also to install 28 new piles at various locations within the float layout. Discussion ensues as to number Conservation Commission November 1, 2017 Meeting Minutes Page 4 of 7 of blocks and mooring chains needed after pile installation. There was also mention that Army Corps has not dredged the area but depth is monitored on a regular basis. Discussion ensues on how there is a need for narrative and plan revisions with more details and notations of all aspects of structures to be licensed and new work proposed. Buchsbaum moves to continue the hearing until November 29, 2017 meeting. Seconded by Squibb. The motion carries 6 -0. New: 25 Cliff Street, DEP File #5 -1228 — Jennifer & Brian Akeley Maxner reads legal notice. Bill Manuell representing the applicant explains the intent to construct an addition, deck, rebuild front porch and steps and relocate driveway within the outer reaches of the 200 -Foot Riverfront Area to Danvers River. He notes the proposed two -story addition off of the left side of the house extends into the existing paved driveway, with a 40 s.f increase in impervious area as a result of the addition. An existing deck would be extended around the addition with a set of steps into the yard. An 18 foot parking area /driveway is proposed (this could be staging area during construction). Also proposed is a porch area for front access to the house. He reviews the alternative analysis, noting the site is within Riverfront Area so there is no opportunity for the addition to be created outside that zone. And impacts are within permissible thresholds under the regulations. Squibb moves to close the hearing. Seconded by Grandoni. The motion carries 6 -0. New: 12 Bass River Road, DEP File #5 -1229 — Alfa Zimmerman Maxner reads legal notice. Bill Manuell representing the applicant describes the proposal to install a highway noise barrier wall 270 feet in length total, to encompass the rear yard. He notes the work will take place within the inner and outer Riverfront Area zones and buffer zone to the Bass River, with the closest section of barrier wall approximately 65 feet from the bank. Manuell flagged bank resource area and mean high water line for the Bass River. Manuell explains details associated with construction for noise barrier wall. Also, he notes that material removed for wall footers will be put into raised planting beds that will be built within lawn inside the wall confines. Grading (1500 sf) immediately behind the house will be done to direct runoff away from the foundation as there a dip sloping toward the foundation currently causing some water problems. He notes that no trees are proposed to be taken down. The ground surface will be prepared so there is no gap below the panels. Bertoni notes that she would like to ensure that no work will occur in the woods to the west. Alfa Zimmerman states that she does not intend to do any work there. Bertoni asks if there are any questions from the audience. There are none. Grandoni moves to close the hearing. Seconded by Pirrotta. The motion carries 6 -0. Reconvene Regular Meeting Conservation Commission November 1, 2017 Meeting Minutes Page 5 of 7 Bertoni moves to reconvene the regular meeting. Seconded by Squibb. The motion carries 6 -0. OLD /NEW /OTHER BUSINESS Cont: 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 applicant reviews previous discussion about introducing grout on the landside of the concrete seawall to enhance long term performance. Maxner reports that CZM reviewed the project plan and advised that the Commission should determine if the proposed work would impact the coastal bank. CZM could provide guidance on the water side of the wall, but since it is landside they defer to the Commission's understanding of the site. Discussion ensues as to whether the wall functions as a flood and storm damage protection or as a source of sediment as evidenced by the sink holes. Griffin describes how grouting on the land side is to support the seawall foundation and improve stability. He notes if voids are filled this will improve the performance of the seawall. Steel pipes will be driven by hand adjacent to the wall. Griffin does not believe that the drain pipe in area or runoff from gutters were contributing to a sink hole that occurred in the area. Maxner notes the emergency order from February needs to be closed out as part of a NOI. Griffin notes he would like to do that through the Minor Modification presented here. Bertoni notes that a condition of the Minor Modification is that a report shall be submitted on the location of injection sites and amount of cement accepted at each and noted on the plan. Griffin and Maxner will be on site at the first day of grouting to observe work for part of a day. The beach side of seawall will be monitored to ensure there is no overflow of grouting to the resource area. Also, visual monitoring of the final product will be done once a year for five years. Grandoni moves to approve the request for Minor Modification with conditions as discussed. Seconded by Buchsbaum. The motion carries 6 -0. New: Planning Board Request for Comments — 40 Dunham Ridge (50 Dunham Road - Dunham Ridge, LLC Maxner notes that Cummings is proposing to construct subsurface stormwater management system at the front portion of the site southeast of Dunham Castle condominiums. She reports that based on the plan and her on -site measurements, the stormwater structure is outside the buffer zone. Discussion ensues about stormwater runoff associated with Norwood Pond relative to stormwater regulations needing to be met. Another comment is to encourage infiltration on the site (i.e., rain garden). There will be mention of the recently denied "West Hill" drainage proposal NOI with no associated development. New: 16 Bailev Avenue — Tree Removal Reauest - Thomas Aucone Conservation Commission November 1, 2017 Meeting Minutes Page 6 of 7 Maxner reports she observed the subject tree, and the roots are impacting the house foundation and the tree has been dropping limbs. The tree is 60 feet from the top of the seawall. Members review photos of the tree. Bertoni moves to allow the tree removal provided that the removal methods are to adhere to the arborist's specifications, stump may be ground down but root ball to remain, area of stump grinding should be reseeded and protected from erosion. Discussion ensues as to the homeowner's intention to replant, with members agreeing to condition that the new tree needs to be native to New England. Seconded by Grandoni. The motion carries 6 -0. Orders of Conditions 38 Cole Street & 4 Thomas Road, DEP File #5 -1226 Discussion ensues about Standard Conditions and the following Special Conditions under the Act and the local Ordinance. Maxner notes that the 25' NDZ is being respected. Buchsbaum moves to issue Standard Conditions under the Act and Ordinance with the following Special Conditions under the Ordinance as discussed: 1. The proposed erosion control shall be installed along the limit of the 25 -foot no disturb zone as opposed to the edge of tree line. No work or construction equipment operation shall take place between the erosion control and wetland edge. 2. No further tree removal is allowed beyond what is shown on the approved plan. The large 30" twin oak shall be preserved. If any remaining trees require 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. Seconded by Squibb. The motion carries 6 -0. 25 Cliff Street, DEP File #5 -1228 Discussion ensues as to conditions and the following Special Conditions under the Act and local Ordinance. Buchsbaum moves to issue Standard Conditions under the Act and local Ordinance and the following Special Conditions under the Ordinance as discussed: 1. Erosion control shall be replaced in front of disturbed areas every evening and during storms to ensure soils and debris do not migrate off site. 2. All asphalt spoils shall be immediately loaded into a waiting dump truck for disposal off site at an appropriate facility. Seconded by Bertoni. The motion carries 6 -0. 12 Bass River Road, DEP File #5 -1229 Discussion ensues as to conditions and the following Special Conditions under the Act and local Ordinance. Buchsbaum moves to issue Standard Conditions under the Act and local Ordinance and the following Special Conditions under the Ordinance as discussed: 1. As discussed with the applicant and her representative at the November 1, 2017 hearing, all trees located within the vicinity of the noise barrier wall shall be preserved and protected from installation activities. Conservation Commission November 1, 2017 Meeting Minutes Page 7 of 7 2. Proposed plantings along the inside perimeter of the noise barrier wall shall incorporate as many native species as possible, and any non - native species shall not be invasive. 3. The area of grading behind the house shall be loamed and seeded upon completion and protected from washout and erosion during seed germination. 4. The remaining forested part of the property located to the west of the noise barrier wall shall be left in its natural state. Any proposed removal of vegetation or hazardous trees shall be reviewed and approved by the Conservation Commission under separate cover. This condition is on -going and shall survive beyond issuance of a Certificate of Compliance. 5. The section of front yard between the house, the street and the westerly neighboring boundary shall be left open to allow for wildlife movement. This condition is on -going and shall survive beyond issuance of a Certificate of Compliance. Seconded by Squibb. The motion carries 6 -0. Cont: Draft Amendments to Beverly Wetlands Regulations Bertoni, Buchsbaum, and Maxner have provided final edit suggestions to special counsel Jeff Roelofs for his compilation on a draft which should be forwarded to the Commission soon. Adjournment Buchsbaum moves to adjourn at 10:10 p.m. Seconded by Grandoni. The motion carries 6 -0. The next regular meeting of the Conservation Commission is Tuesday, November 29, 2017 at Beverly City Hall, 3rd Floor Council Chamber.