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06-26-18 BCC MinCITY OF BEVERLY PUBLIC MEETING MINUTES BOARD: SUBCOMMITTEE: DATE: BOARD MEMBERS PRESENT: BOARD MEMBERS ABSENT: STAFF MEMBERS PRESENT: OTHERS PRESENT: RECORDER: Conservation Commission June 26, 2018 Chair Christine Bertoni, Vice Chair Robert Buchsbaum, David Dines, Rick Grandoni, Stephanie Herbster, Jenna Pirrotta, Bill Squibb 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. REQUEST FOR DETERMINATION OF APPLICABILITY New: 42 Dunham Road — Connolly Brothers, Inc. Peter Ogren, Hayes Engineering, representing the applicant explains that amended plan was filed to change entrance way and preserve the large tree as well as reduce new construction in the buffer zone. In addition, boulders and yard waste would be removed. Replanting with a mix will be done in disturbed soils. The certified vernal pool will be identified in the records. Squibb moves to issue a Negative #3 with the following conditions: 1. A revised plan shall be submitted to include the notation of Certified Vernal Pool #3617 as well as a notation indicating the approximate location of the subsurface infiltration chamber. 2. After erosion control installation but before work commencing, the Conservation Agent shall be contacted to inspect said erosion controls for proper location and install. 3. The dumped boulders and any associated landscaping waste shall be removed from the No Disturb Zone and Buffer Zone and disposed of properly outside wetland jurisdictional areas. 4. Areas of removed boulders shall be broadcast with similar seed mix as that found in the vicinity and over the existing subsurface infiltration chamber. 5. The 36" Oak tree shall be preserved and root zones protected to the greatest extent practicable. Seconded by Pirrotta. The motion carries 7 -0. REQUEST FOR CERTIFICATE OF COMPLIANCE Conservation Commission June 26, 2018 Meeting Minutes Page 2 of 10 Cont.: 254 Essex Street, Ordinance Approval #2017 -01 — YMCA of the North Shore c/o Chris Lovasco Judith Cronin, Executive Director and Chris Lovasco of the Greater Beverly YMCA, address the Commission. Cronin explains and presents the signed affidavits from YMCA officers (herself and Chris Lovasco) as requested by the Commission to document the YMCA's observations of the isolated wetland. She noted dry periods in the wetlands relative to photographs submitted indicating how deep water was in wetlands. Monitoring of the resource area was done every two weeks from the time when the Commission requested the observation be done. Discussion ensues about standard perpetual conditions and special conditions that would be issued with the final Certificate of Compliance. Herbster moves to issue a Certificate of Compliance with the following on -going conditions as discussed: 1. The long -term Stormwater Management Operations & Maintenance Plan (O &M Plan) shall be carried out on an on -going basis. All maintenance and inspection reports per the O & M Plan shall be submitted to the Conservation Agent on an annual basis no later than December 31s of each year for maintenance activities carried out that year. 2. Other than side -cast of snow due to routine plowing activities along the access drive and parking lots, snow storage by way of purposeful pushing or depositing, stockpiling or dumping from and areas of the site is prohibited within the buffer zones and wetlands. 3. There shall be no dumping of leaves, grass clippings, trash or any kind of refuse in the resource area. 4. Fertilizers utilized for landscaping and lawn care shall be slow release, low- nitrogen types (< 5 %) and phosphorous free, and shall not be used within 25 feet of a wetland resource area. This condition shall survive in perpetuity beyond the issuance of a Certificate of Compliance. 5. Pesticides, fungicides and herbicides shall not be used within 100 feet of a wetland resource area. This condition shall survive in perpetuity beyond the issuance of a Certificate of Compliance. 6. No sodium -based products shall be used for control of ice or snow within 100 feet of the wetland. 7. Prevention of flooding, erosion and sedimentation are ongoing and do not expire at the end of three (3) years or with the issuance of the Certificate of Compliance. Seconded by Grandoni. The motion carries 7 -0. REQUEST FOR DETERMINATION OF APPLICABILITY, continued New: 4 Thaxton Road — David Kalman Maxner reads legal notice. David Kalman applicant, and David McCoy the applicant's architect are present. Kalman describes the proposal to reduce the gravel parking area and construct deck (built closer to house but not closer to the wetlands and outside the 25' NDZ), manage invasive Conservation Commission June 26, 2018 Meeting Minutes Page 3 of 10 species along the edge of the wetlands and install landscape planting beds. The area will be regraded from slope into two banks with flat area. Plantings will include native and non - native trees, shrubs, and perennials. No existing tree removal is proposed. Discussion ensues about details relative to removing invasive species (i.e., hand digging of buckthorn) near wetlands. The landscape consultant will tag the invasive plants slated for removal and propose a length of time when invasive species management would occur (3 years). Construction debris from deck removal will be removed off site. Gravel from removed gravel area will be redistributed into remaining gravel area. Maxner will inspect erosion control. Maxner notes that work is withiin the 25' NDZ. The Commission members discuss removal of existing impacts and replanting these areas will require work within this zone which will improve conditions. Buchsbaum moves to issue a Negative #2 Determination and Negative #3 Determination with the findings as discussed and following conditions as discussed: 1. Prior to undertaking any invasive species management efforts, a written protocol detailing the following shall be submitted to the Commission for review and approval: a. List of species and approximate number of plants to be removed /managed b. Means of removal /management c. Means /methods for their disposal 2. After Commission review of protocol but before undertaking removal efforts, the subject invasive species plants shall be flagged in the field and a site inspection with the Conservation Agent shall be arranged for in -field review. 3. The invasive species management protocol shall be allowed to continue for the 3 years that this Determination of Applicability is valid for. 4. At the end of the 3 years, a written report detailing the success /failure of the management effort shall be submitted to the Commission for its review. Depending on the success /failure of the effort, the Commission may provide further guidance on any future management methods. 5. All demo and construction debris shall be removed from site and disposed of properly. 6. The gravel within the section of guest parking to be removed can be redistributed into the reconfigured gravel guest parking area, or if not used it shall be removed from site and disposed of properly. Seconded by Herbster. The motion carries 7 -0. New: 420 Cabot Street — Kelly Auto Group Maxner reads legal notice. Chris Broyles of Meridian Associates explains the applicant proposes to mill and repave within the existing footprint of parking lot, install curbing (granite and Cape Cod berm), and install roof drains. He notes that downspouts will be directed to deep sump catch basins that include concrete weirs to reduce velocity of flow to wetland. The applicant contracts with a company that does the stormwater maintenance. Conservation Commission June 26, 2018 Meeting Minutes Page 4 of 10 In response to Bertoni's questions about work sequence, Broyles explains process for saw cutting existing pavement at limit of milling the degraded pavement areas, installation of 12" granite curbing on the wetland side and repaving with no changes to existing grades within the flood zone. The Commission discusses findings for work within the 25' NDZ, with Buchsbaum noting that the existing parking lot is appurtenant to the car dealership use of the site and the stormwater water quality will be improved as a result of drainage improvements proposed. Buchsbaum moves to issue a Negative #2 Determination and Negative #3 Determination with the findings as discussed and the following conditions as discussed: 1. Prior to work a revised plan shall be submitted depicting the 50' NBZ. 2. All millings shall be removed from site and properly disposed of 3. Erosion control sock shall encompass all areas of work and shall be kept in good working condition. 4. See attached Findings Seconded by Herbster. The motion carries 7 -0. New: 59 Cross Lane — Ron & Jen Moldaver Maxner reads legal notice. Ron and Jen Moldaver and Krisoula Varoudakis of ArchiDeck are present. Varoudakis, the project manager for the applicants, describes proposal to extend existing deck (pervious surface) and add stairs (using helical footings), install a pervious paver patio, fire pit and outdoor kitchen/grill area at the immediate rear of the house. Work is within the 200 -foot Riverfront Area and 100 -foot buffer zone to BVW. Most of the work is outside the first 100 feet of Riverfront where a perennial stream is located and buffer zone, with work at 93 feet from the BVW at its closest point to the resource areas. Ron Moldaver explains that the rear yard is very flat with lawn and landscape planting beds, and fairly well vegetated adjacent to the wetland. There is a small increase in impervious surface due to the fireplace and outdoor kitchen. The Commission discusses possible conditions to issue for the project. Herbster moves to issue a Negative #2 Determination and Negative #3 Determination with the following conditions as discussed: 1. All excavated soils and associated construction debris shall be taken off site and disposed of at appropriate facility. 2. Patio shall remain pervious as proposed. Seconded by Grandoni. The motion carries 7 -0. Recess for Public Hearings Herbster moves to recess for public hearings. Seconded by Pirrotta. The motion carries 7 -0. NOTICES OF INTENT /ABBREVIATED NOTICES OF INTENT/REQUESTS FOR AMENDED ORDERS OF CONDITIONS Cont.: 40 Sam Fonzo Drive — S & D Real Estate Trust Conservation Commission June 26, 2018 Meeting Minutes Page 5 of 10 Vaclav Talako and Ann McMenemy of Hancock are present representing the applicant. Talako describes changes to plan and the proposal to construct a manufacturing /industrial building with anticipated area of future footprint expansion, access drive, loading and parking, stormwater management features and associated appurtenances. Discussion ensues about retaining wall (at highest point 7 -feet high) and stormwater system that is designed for full build out. The access road will have a 10% grade. Talako confirms that the berm on the edge of the NDZ will be disturbed and some trees removed. Discussion addresses future building footprint expansion (which would be brought before the Commission) and trucks using parking (140 spaces) in buffer zone and access road. Mitigation proposed to offset impacts in the buffer zone include planting of native shrubs There will also be grassy areas which may include shrubs. A waiver request has been included for work in BVW and NDZ. Also noted was snow storage areas. Bertoni asks if there are any questions from the audience. There are none. Dines moves to close the hearing. Seconded by Squibb. The motion carries 7 -0. New: 313 Hale Street — Keith & Rebecca Smith Maxner reads legal notice. Bill Manuell representing the applicant describes proposal to install an enclosed perimeter fence for their dog, and construct stairs off existing deck for access to backyard with an impact of 10 s.f in the 25' NDZ that is associated with a small section bordering vegetated wetland that is located between two pipe ends. He notes that the existing house and deck are within the 50 NBZ, and the proposed stairs will be minimal impact to the NBZ, explaining that the other side of the house and deck is too narrow to accommodate the stairs, He notes proposed removal of a toppled Norway maple tree stump immediately adjacent to the wetland. Posts for stairs and fence would be hand dug or done with handheld power auger. Two dogwoods will be planted as mitigation for Norway maple stump. Bertoni asks if there are any questions from the audience. There are none. Squibb moves to close the hearing. Seconded by Herbster. The motion carries 7 -0. New: 27 Riverview Street — Michael Settles Maxner reads legal notice. David Smith of GZA representing the applicant, describes the proposal to remove a failed timber seawall and construct new precast concrete block seawall (5- feet high) and associated grading. Work to take place within Coastal Bank, 200 -Foot Riverfront Area, Land Subject to Coastal Storm Flowage, and 25' NDZ. He notes that salt marsh is immediately adjacent to the coastal bank timber seawall and care will be taken to protect the marsh. Pirrotta asks if options for a living shoreline /bioengineering were considered. Smith responds explaining options considered. He notes that North Shore Marine has been consulted on this project and the use of a barge floated in at high tide is the only access to the site considering how there is very little space from Riverview Street to mobilize equipment. Conservation Commission June 26, 2018 Meeting Minutes Page 6 of 10 Bertoni asks if there are any questions from the audience. There are none. A site visit was with the Commission is scheduled for 5:30 p.m. on Thursday, July 12. Buchsbaum moves to continue to the July 18, 2018 meeting. Seconded by Bertoni. The motion carries 7 -0. The Commission took a brief recess and reconvened. New: 7 Porter Terrace — 7 Porter Terrace, LLC c/o Brian Marks Maxner reads the legal notice. Bob Griffin of Griffin Engineering, representing the applicant, describes the one -acre parcel and the proposal is to extend Livingstone Avenue roadway and construct 3 new single family houses, with associated grading, utilities and stormwater facilities. He explains that work is to take place within 100 -foot buffer zone, 25' NDZ and 50' NBZ to bank of intermittent stream, and a waiver worksheet is included in the NOI. There is an existing house at 7 Porter Terrace where there will receive renovations. Griffin notes that the subdivision plan is currently being reviewed by the Planning Board. He notes that Bill Manuell of Wetlands & Land Management had delineated the stream bank and specified that there is no upstream wetland or bordering wetlands. He explains the stormwater proposal consisting of catch basins leading to an underground detention basin and overflow discharged to City stormwater system, noting that the site has a lot of ledge so a number of test pits were done throughout the property. The new houses will be modest in square footage, with work minimized in No Build and No Disturb Zones as much as possible, with mitigation including removal of yard waste and native planting area with the goal to improve habitat especially along the stream bank. Bertoni asks for clarification as to the amount of grading on site versus ledge on site. Griffin notes the grade at the retaining wall on the lot closest to the stream will be a three foot grade change and that slab foundations with crawl spaces will be used in consideration of ledge and groundwater table in the area. Herbster asks if there is a way to remove the house from within the 50' NBZ or gaining relief from zoning setbacks. Squibb asks if the house could be shrunk and rotated to remove it from the 50' NBZ. Berton notes that the alternatives analysis should look at eliminating the 3 d house. Griffin states he would explore options. Bertoni asks if there are questions from the audience. David Lang, 2 Fosters Point, Ward 1 Councilor, spoke to wildlife habitat currently in the area and expressed concern about the scope of tree clearing, conflict with ledge, glacial till soil conditions that exacerbate the neighborhood's concerns about the increase in potential flooding. Deborah McLaughlin, 15 Porter Terrace, spoke to reports that she receives from a sump pump monitoring service, noting that her basement sump pumped 73,530 gallons in January. She is very concerned about flooding impacts. She states her concern over impacts from tree removal and that fact there is sand and clay soils in the area which is not conducive to stormwater runoff drainage. The resident speaks to habitat where she has seen coyotes and eagles that control the rodent population. Conservation Commission June 26, 2018 Meeting Minutes Page 7 of 10 Rick Marciano, 141 McKay Street, expressed concern about blasting of ledge and impact on groundwater table. Dusty Smith of 26 Ashton Street and Brad Pomerleau of 36 Ashton Street spoke to their concerns about increase in runoff, loss of habitat, snow storage, blasting on existing foundations. Katie Perron of 32 Ashton Street, submitted letter signed by many residents from Porter Terrace area noting potential effects from subdivision and importance of trees relative to ponding water behind houses and proposal for clear cutting. The Commission will be reviewing stormwater information simultaneously to the Planning Board. Maxner explains that the Planning Board is engaging a peer review of the stormwater drainage proposal, which the Commission could coordinate with and benefit from. The Commission asks the project engineer to stake out features of the project relative to the stream and NDZ/NBZ for a site walk. A site visit with the Conservation Commission was scheduled for 6 p.m. on Thursday, July 12, 2018. Herbster moves to continue the hearing to July 18, 2018. Seconded by Grandoni. The motion carries 7 -0. New: 54 Pickman Road — Gary Benton Maxner reads legal notice. Bob Griffin representing the applicant explains erosion on coastal bank resulting from March storms and the proposal to address the enforcement order for unauthorized clearing of vegetation on the bank. Griffin explains the proposal to perform coastal bank stabilization, construction of a seawall, repair access stairs and pouring of concrete apron. He explains the proposed underground infiltration chamber at top of the bank in lawn to reduce erosion of coastal bank and he has seen this technology used in a similar location. Bertoni notes that she has reservations about the infiltration chamber and asks if it could be located farther back from the slope. Bertoni asks if there are any questions from the audience. Abutter Joe Trainor, 52 Pickman Road, provided a hand out to the Commission that listed his concerns and photos of current conditions. He spoke to erosion of slope where a few feet of gravel and fill were washed out as the result of clearing of coastal bank on the applicant's property immediately adjacent to his own seawall. He is concerned that impacts have occurred on his property and the plan presented by Griffin does not show correct property lines. He is concerned about how work will be supervised an suggests a project manager should be required for project oversight. Mr. Griffin responds relative to his plan and survey lines. Bertoni reviews the enforcement order requirements and notes that the abutter's issues and EO requirements will be considered and site conditions observed with a Commission inspection. A site visit was scheduled for 7 p.m. on July 12, 2018. Herbster moves to continue the hearing until July 18, 2018. Seconded by Buchsbaum. The motion carries 7 -0. Reconvene the regular meeting Squibb moves to reconvene the regular meeting. Seconded by Herbster. The motion carries 7 -0. OLD /NEW /OTHER BUSINESS Conservation Commission June 26, 2018 Meeting Minutes Page 8 of 10 New: Tree Removal Reauests The Commission reviews the following tree removal requests: 3 Leather Lane — Brian Thorne Buchsbaum moves to approve the request subject to conditions: 1. No heavy equipment to be operated in the rear yard (climbing or crane operated from paved surfaces preferred) 2. Flush cut to grade, do not grind out stump or cut roots out. 3. Remove all cut materials off site and do not deposit into the wetland. Seconded by Squibb. The motion carries 7 -0. 12 Morningside Drive - Peter & Kelly O'Connor Herbster moves to approve the request subject to conditions: 1. A crane operated from the driveway shall accomplish removal without heavy equipment operated closer to the wetland than the paved drive. 2. Trees shall be flush cut to grade, without grinding but leaving roots structures intact — with the exception of the tree located in the "grassy -ish" area, this stump can be ground down (but root structure left) 3. All cut material to be removed from site, none to be deposited into the wetland. Seconded by Dines. The motion carries 7 -0. New: Expenditure Approvals Herbster moves to approve $55.80 for the Conservation Agent's mileage for the month of May. Seconded by Squibb. The motion carries 7 -0. Community Preservation Committee representative Buchsbaum states that his term on the Community Preservation Committee is expiring in July and he is happy to continue to serve but would gladly step down if another Commission member would like to take his place. Grandoni moves to re- designate Robert Buchsbaum as the Commission's representative to the Community Preservation Committee. Seconded by Dines. The motion carries 7 -0. Orders of Conditions 40 Sam Fonzo Drive — S & D Real Estate Trust Discussion addresses if alternative analysis was done sufficiently, with Dines noting that site hydrology drains toward the wetland via gravity therefore dictating location of stormwater discharge points. Buchsbaum notes that there is appropriate mitigation of 3:1 is provided in native plantings within the buffer zone at the edge of the NDZ. Buchsbaum moves to issue an Order of Conditions under the Act and standard and the following special conditions as discussed: 1. As discussed with and agreed to by the project representatives during the public hearings, prior to any other construction on site, the proposed retaining wall and any driveway or Conservation Commission June 26, 2018 Meeting Minutes Page 9 of 10 parking lot curbing shall be installed. Conservation Commission sign off on building permit application (foundation or otherwise) shall be withheld until said retaining wall and curbing is in place. 2. The entire western edge (wetland side) of the paved areas and access drive or area of retaining wall shall receive a curb /lip (granite or concrete, but not asphalt cape cod berm) of not less than 6 inches above grade 3. Prior to Conservation Commission sign off on the building permit (foundation or otherwise) for the future expansion section of the building (whenever that may be), the applicant shall submit all engineered plans to the Conservation Commission and present said plans under a request for Minor Modification to this Order if it Order is still current and valid, or under a Request for Determination of Applicability. 4. The limit of the entire 25 -Foot No Disturb Zone shall be marked with weather resistant monuments to be installed at 50 -foot intervals. These markers shall have plaques bearing language on their upland side reading "No Disturbance Beyond This Point By Order Of the Beverly Conservation Commission ". Said 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. The Conservation Administrator shall inspect the installed markers prior to issuance of a Certificate of Compliance. 5. 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._ 6. 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. 7. The mitigation planting area 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. 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 or within the 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 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 Dines. The motion carries 6 -1 with Bertoni opposed. 313 Hale Street— Keith & Rebecca Smith Conservation Commission June 26, 2018 Meeting Minutes Page 10 of 10 Discussion ensues as to possible conditions, and the applicant's request for a waiver from the 25' NDZ and 50' NBZ. Bertoni notes that the property boundaries intersect the small BVW and stream on site and that makes it hard to relocate the fence without further impacting healthy mature trees. Buchsbaum notes the applicant made effort at mitigation replanting within the BVW and keeping work within lawn area, and spanning over the stream channel without impact to bank. Herbster moves to issue an Order of Conditions under the Act and standard and the following special conditions as discussed under the Ordinance: 1. All sections of the perimeter fencing that are located within the 100 -foot buffer zone shall have at least 4 inches of space between the bottom member of the fence and the ground surface to allow for wildlife movement. 2. Post holes for fence support posts shall be dug by hand as purported by the project consultant during the June 26, 2018 public heairng. 3. All soils excavated for fence support posts shall be taken off site and disposed of at an appropriate facility and not deposited in the wetland or buffer zone. 4. Downed trunk, limbs and root mass of the Norway Maple shall be taken off site and disposed of at an appropriate facility. 5. The proposed silky dogwood shrubs to be planted within the wetland are a requirement of this Order and said shrubs shall exhibit healthy survivorship prior to the issuance of a Certificate of Compliance. 6. Neither the project nor this Order allow for enclosure /roofing over of the existing deck or staircase. If the applicant wishes to enclose either, the Commission must review and approve of the proposed plan to do so. Seconded by Grandoni. The motion carries 7 -0. Adjournment Squibb moves to adjourn at 11:45 p.m. Seconded by Herbster. The motion carries 7 -0. The next regular meeting of the Conservation Commission is Wednesday, July 18, 2018 at Beverly City Hall, 3rd Floor Council Chamber.