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08-07-18 BCC MinCITY OF BEVERLY PUBLIC MEETING MINUTES BOARD: SUBCOMMITTEE: DATE: BOARD MEMBERS PRESENT: BOARD MEMBERS ABSENT STAFF MEMBERS PRESENT OTHERS PRESENT: RECORDER: Conservation Commission August 7, 2018 Chair Christine Bertoni, Vice Chair Robert Buchsbaum, Rick Grandoni, Stephanie Herbster, Jenna Pirrotta, Bill Squibb David Dines 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 CERTIFICATE OF COMPLIANCE Cont: 100 & 102 Hull Street, DEP File #5 -1205 — MJP Properties, Inc. c/o Mike Panzero & Susan Purdy Herbster moves to continue until the August 28, 2018 meeting as requested. Seconded by Pirrotta. The motion carries 6 -0. New: 400 Hale Street, DEP File #5 -1033 — Endicott College c/o Dennis Monaco Chris Broyles of Meridian, representative for the College, describes project governed by the Order issued in June of 2010, for the construction of an amphitheater, regrading of pedestrian walkways, and restoration and stabilization of an eroding inland bank at the College Pond. There is an increase of paver patio area in flag pole area which was not in the approved plan and small encroachment into the 25' NDZ. Buchsbaum asks about success of invasive species removal, with Broyles noting that this was mostly done by hand. Maxner noted her site observations per Special Condition #8 on mowing width, grass is supposed to be cut 3 inches in height. Herbster moves to issue a complete Certificate of Compliance with the following conditions and on -going conditions as discussed: 1. A revised as -built plan shall be submitted that depicts the pedestrian bridge located between the island and land side of pond, and shall depict the 50 -Foot No Build Zone. "Note: The 50 -Foot No Build Zone was not in effect at the time this project was permitted and therefore does not apply to this DEP File #5 -1033, but will apply to any future project proposed. Conservation Commission August 7, 2018 Meeting Minutes Page 2 of 9 2. Invasive species removal and control shall be accomplished manually, not by mechanical means. The applicant or its qualified agents are permitted to remove Phragmites australis by way of the "kick and pull" method only. The Commission considers the removal of the Phragmites australis as appropriate mitigation for the small incursion into the 25 -Foot No Disturb Zone made by the flagpole and associated patio. The Conservation Agent shall be notified prior to any invasive species removal being performed. This condition shall remain in force in perpetuity beyond the issuance of a Certificate of Compliance. 3. Grasses within 10 feet of the bank shall not be cut less than 3 inches in height. This condition shall remain in force in perpetuity beyond the issuance of a Certificate of Compliance. 4. Calcium Chloride shall be used as the deicing chemical for walkways and paved surfaces within the 100 -Foot Buffer Zone. This condition shall remain in force in perpetuity beyond the issuance of a Certificate of Compliance. 5. Organic fertilizer shall be used within the 100 -Foot Buffer Zone. This condition shall remain in force in perpetuity beyond the issuance of a Certificate of Compliance. 6. There shall be no dumping of leaves, grass clippings, trash or any kind of refuse in the resource are. 7. Herbicides, pesticides or fungicides shall not be applied within 100 feet of the wetland. 8. No sodium -based products shall be used for control of ice or snow within 100 feet of the wetland. 9. 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 Buchsbaum. The motion carries 6 -0. New: 385 & 400 Hale Street, DEP File #5 -1191— Endicott College c/o Dennis Monaco Chris Broyles of Meridian, the College's representative speaks to drainage improvements that were covered under the Order, issued in September 2016, that governed the installation of new drainage facilities to alleviate flooding conditions on campus (near Mingo Beach) and within Route 127 and improve water quality, including catch basin train and associated drain lines, Contech stormwater quality device, and new 48" culvert and associated outlet rip rap slope, level spreader and protective fencing. Discussion addresses big boulders that were used for steps down slope and maintenance of granite steps as an existing condition. Broyles notes that the finished work was subject to the storms this past March and held up extremely well with no damage observed. Buchsbaum moves to issue a Certificate of Compliance with the following on -going conditions: 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 31st of each year for maintenance activities carried out that year. 2. There shall be no dumping of leaves, grass clippings, trash or any kind of refuse in the resource area. 3. 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. Conservation Commission August 7, 2018 Meeting Minutes Page 3 of 9 4. 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. 5. 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 Herbster. The motion carries 6 -0. REQUEST FOR DETERMINATION OF APPLICABILITY New: Essex Street /Off Brimbal Avenue former landfill — BWC Rams Horn Channel. LLC Maxner reads the legal notice. Max Lamson of TRC and Drew Pierson of Blue Wave are present for the applicant. Lamson explains the proposal to build a solar array field which is entirely outside the 100 -foot buffer zone, with the exception of installation of a utility pole at the northwest corner of the site within jurisdiction. Pierson explains that the City has been partnering with the applicant to bring a community solar array to Beverly and is considering purchasing electricity. In response to Bertoni's questions, Lamson notes that no tree removal is proposed and no vernal pool habitat was detected in the area by Hancock Associates who flagged the wetlands. Buchsbaum noted that this area is noted for bird habitat, with Lamson noting that in other solar fields birds are known to nest in the structures. Bertoni asks if this project has a SWPPP with EPA, Lamson state that it does. Squibb moves to issue a Negative #3 Determination with the following conditions as discussed: 1. Prior to work commencing the limits of the 100 -foot buffer zone that are located closest to the solar array facility shall be marked off in the field with orange snow fencing or similar fencing to clearly delineate limit of work. 2. Prior to work commencing, said fencing installation as well as proposed erosion controls shall be observed by the Conservation Agent. 3. Any spills within the 100 -foot buffer zone must be immediately addressed and removed. Seconded by Herbster. The motion carries 6 -0. Recess for Public Hearings Squibb moves to recess for public hearings. Seconded by Pirrotta. The motion carries 6 -0. NOTICES OF INTENT /ABBREVIATED NOTICES OF INTENT/REQUESTS FOR AMENDED ORDERS OF CONDITIONS Cont. 7 Porter Terrace, LLC c/o Brian Marks Maxner reports the Commission received a request for continuance. Herbster moves to continue the hearing to the September 18, 2018 meeting. Seconded by Squibb. The motion carries 6 -0. Cont. 54 Pickman Road — Gary Benton Conservation Commission August 7, 2018 Meeting Minutes Page 4 of 9 Bob Griffin, Griffin Engineering, representing the applicant recalls the site inspection with the Commission and he briefs the Commission on plan changes. He noted that the drainage structure is no longer at the top of the coastal bank being replaced by an earthen berm. Joe Trainor, 52 Pickman Road, stated that he is in support of slope stabilization. He engaged North Shore Survey to confirm the property line and now there are pins installed on site. Mr. Trainor spoke to his interest in understanding how the apron would be protected and if the Bentons' seawall would withstand winter storms. Griffin explains project apron proposal and how it should not impact Mr. Trainor's property. Also, Trainor expressed his concernt that erosion control should prevent any materials from going into the ocean. Discussion ensues as to engaging a peer reviewer to review for compliance with 310 CMR 10.30, identify potential negative impacts of the proposal on the coastal bank function as well as the coastal banks on abutters' properties to the east and west and make recommendations accordingly, make suggestions as to possible special conditions to manage construction and avoid /mitigate potential negative impacts. Squibb moves to continue the hearing to the August 28, 2018 meeting. Seconded by Herbster. The motion carries 6 -0. Squibb moves that the Commission secure peer review services as discussed. Seconded by Pirrotta. The motion carries 6 -0. Cont.4 Arbella Drive — Thomas & Elizabeth Micka c/o Peter de Bernardo Gibraltar Pools Peter de Bernardo representing the applicant recaps the proposal to erect an above ground pool within the 50' NBZ which is existing lawn, but outside 25' NDZ. He notes how the staircase would be removed and access to the pool would be from the deck. There is no winter draw down for the above ground pool. A bobcat will be used for one hour of work and rest of the work will be done by hand, mason sand will go below pool. The project should be completed in one day. Discussion ensues on naturalizing area near pool. Discussion addresses how soils were tested to determine resource area as part of wetlands delineation. The Commission is interested in reviewing soil test data sheets from the wetland specialist. A mitigation plan will be proposed regarding 25 ft. No Disturb Zone. Buchsbaum moves to close the hearing. Seconded by Grandoni. The motion carries 5 -1 with Squibb opposed. New: 9 Park View Avenue — Henry Prussman Maxner reads legal notice. Susan St. Pierre, wetland consultant and Al Dennis structure engineer are present for the applicant. St. Pierre describes the proposal to replace an existing row of timber supports underneath dwelling within coastal beach, land subject to coastal storm flowage and 200 -foot riverfront area. She explains that four temporary posts will be installed, excavation will occur to replace six permanent posts in their current location. All work will be done by hand during low tide. An expired Order addressed the replacement of another row of posts, which was completed by the old Order never closed out. Discussion ensues about details of work and related mud flats associated with low tide. Conservation Commission August 7, 2018 Meeting Minutes Page 5 of 9 The Commission scheduled a site visit for 6:30 p.m. on Monday, August 13, 2018. Buchsbaum moves to continue the hearing until August 28, 2018. Seconded by Herbster. The motion carries 6 -0. New: 18 Leather Lane — Paul Doetsch Maxner reads legal notice. Vaclav Talacko and Ann McMennemy of Hancock, and Paul Doetsch are present for the applicant. McMenemy explains the proposal to construct driveway, infiltration swale, stormwater detention basin and associated grading to serve as access to a new single family house which will be outside the buffer zone. She notes that a 50 ft. No Build Zone waiver was submitted and the limit of this zone will be added to the site plan. She provides an overview of the wetland resource which abuts a sheer granite outcrop, noting that there are no potential or certified vernal pools on site, noting that the wetland is very shallow and flat and in her opinion does not hold enough water long enough to support vernal pool habitat. Talacko provides review of driveway location and construction and alternatives explored. Bertoni asks for a profile plan of the driveway, and clarification on driveway details and percentage of the slope. Talacko explains there will be a 10% grade, paved surface will be 10 feet wide with 2 -foot shoulders on either side. Bertoni asks if there are any questions from the audience. Jay Dow, owner of 9 & 12 Leather Lane, expresses concerns about the recent installation of sewer main within Leather Lane. There was also mention about how pipe is supposed to be sleeved, according to code. He also notes erosion of roadway on Leather Lane and how historically neighbors have pooled funds to repave lane. Greg Sharp, 8 Leather Lane, inquires about the survey of all wetlands on site as he thinks there a lot of ephemeral streams, amphibian activity and endangered species like Lady Slippers in the area, noting he has wood frogs on his property. McMenemy stated that there is not endangered species or rare habitat mapped on this area per Natural Heritage mapping. Resident from 19 Leather Lane expresses his concerns about project proposal and impacts to drainage, disturbance to ledge and salting of the driveway as there is a well head in the area. The Commission schedules a site visit was scheduled for 5 p.m. on Monday, August 20, 2018. Talacko states site will be staked in preparation for the Commission's site walk and the wetland flags still remain at the site. Buchsbaum moves to continue to the August 28, 2018 meeting. Seconded by Squibb. The motion carries 6 -0. New: 76 Paine Avenue — Richard Kelly Maxner reads legal notice. Tim Forester, principle of Atlantic Engineering, and Richard Kelly the applicant is present for the applicant and explains the proposal to install a corrugated steel sheet pile seawall, gabion mattress, and concrete apron within coastal bank, land subject to coastal storm flowage and 100 -foot buffer zone. He describes the current state of the rip rap revetment and areas of collapse and voids due to overtopping of waves creating scour on the back side of Conservation Commission August 7, 2018 Meeting Minutes Page 6 of 9 the seawall systems. Forester explains advantages of gabion walls relative to their infiltration characteristic and prevention of scouring from splash over. The wall will have a cap and gabion will be located behind it and behind the concrete slab. Maxner notes that DEP posted technical comments and reads them into the record, which will have to be addressed before a file number can be issued. Bertoni asks if there are any questions from the audience. Tom Brady of 64 Paine Avenue states his concern over the large rip rap blockage of the 10' right of way that he has deeded rights to travel over. He states that the approval must include removal of this rip rap and stabilization of the right of way. It is confirmed that Richard Kelly owns the right of way that has deeded rights to neighbors, with Bertoni notes that deeded rights are not within the Commission's jurisdiction but the rip rap will be looked at for wetland resource impacts. Anthony Feeherry, attorney for abutter Joe Haley at 75 Paine Avenue, addresses the Commission explaining his client's concern over the potential effect of the proposal on the abutting seawall structure. He reminds the Commission of the extensive drainage system present throughout this vicinity that drains back to the ocean and protecting this drainage system is important. He refers to a comment letter submitted by David Smith, coastal engineer with GZA on behalf of Oliver Wadsworth at 77 Paine Avenue, who could not attend the meeting this evening. Chris Velonis of 68/70 Paine Avenue states that the revetment protects his property at the right of way opening, which has been blocked with rip rap for the 20 years that he has lived there, reminding that the Commission previously prohibited removal of this rip rap within the right of way, and he allows people to cross his property to access the beach. He asks what will happen to the existing sheet pile wall. Forester states that it will stay where it is and the new sheet pile wall will be installed landward from the existing. Maxner states that she will get copies of David Smith's comment letter to everyone as it was received late. The Commission scheduled a site visit on Thursday, August 23, 2018 at 5 p.m. Herbster moves to continue the hearing until August 28, 2018. Seconded by Squibb. The motion carries 6 -0. Reconvene the regular meeting Squibb moves to reconvene the regular meeting. Seconded by Buchsbaum. The motion carries 6- 0 OLD /NEW /OTHER BUSINESS Cont: Beverly port — update on Airport Vegetation Management Program — Airport Solutions Group /Airport Manager — This item has been tabled until further notice Cont: 54 Pickman Road — Enforcement Order — Gillian & Gary Benton Conservation Commission August 7, 2018 Meeting Minutes Page 7 of 9 Maxner notes this is tied into NOI. New: Tree Removal Requests 55 Beaver Pond Road — Neal Ryland Grandoni moves to approve tree removal request for 55 Beaver Pond Road with the following conditions: A crane shall operate from the driveway and front side of the house and not any further into the buffer zone. The trees shall be flush cut to grade and not ground out. The root structure shall be left untouched. • All debris associated with the removal of these two trees shall be taken off site for disposal at an appropriate facility. Seconded by Buchsbaum. The motion carries 6 -0. New: Review of Minor Project Permits Issued by Agent A permit was issued for 579 Hale Street for test pits. The Commission has no issues or objections. New: Expenditure Approvals Buchsbaum moves to approve $91.35 to reimburse Maxner for mileage (June and July 2018). Seconded by Squibb. The motion carries 6 -0. Approval of Minutes Herbster moves to approve the March 27, 2018 minutes as amended. Seconded by Squibb. The motion carries 6 -0. Herbster moves to approve the April 18, 2018 minutes as amended. Seconded by Bertoni. The motion carries 6 -0. Orders of Conditions 4 Arbella Drive, DEP File #5 -1250 Discussion ensues as to the applicant's request for a waiver from the 50' NBZ. Berton notes that the above ground pool is not a permanent structure. Buchsbaum notes that the pool will be within existing lawn and replanting of the 25' NDZ is required. Herbster notes that there are no practical options for locating the pool and site topography is sloping which would require more disturbance to grades if the pool was placed elsewhere. Conservation Commission August 7, 2018 Meeting Minutes Page 8 of 9 Buchsbaum moves to allow the 50'NBZ waiver based on the Commission's findings discussed and issue an Order of Conditions under the Act and the Ordinance with the following Special Conditions as discussed. 1. Prior to work starting on any pool installation activities, a revised plan shall be submitted by the homeowner's representative showing the removal of the existing wooden deck staircase to the rear of the dwelling and any associated shift in pool location, and shall depict the existing wooden play structure located in the side yard. 2. Soil data sheet(s) prepared by Mary Trudeau, Wetland Specialist, and used by her to formulate the report submitted with the application, is /are to be supplied to the Commission upon immediate availability. 3. The existing mulch located along the rear of the property between the edge of lawn and the flagged bordering vegetated wetland (i.e. the 25' No Disturb Zone) shall be removed and native wetland mix seed shall be applied to the area in its place. In addition, the applicant shall plant not less than eight (8) high bush blueberry plants evenly distributed within this seeded area. 4. Visible rocks that have been piled around one of the trees within the 25' No Disturb Zone (the seeded and planted area) shall be removed. The bottom strata of rocks, if their removal would lead to the destabilization of the tree or the immediate area surrounding the tree, should stay in place. 5. The 25' No Disturb Zone restoration described in Special Conditions #3 & 4 above shall be undertaken no later than May 31, 2018 and shall be inspected by the Conservation Agent upon completion. 6. The seeded and planted area shall be allowed to naturalize without further landscaping or other maintenance. This condition is on -going and shall survive beyond the issuance of a Certificate of Compliance. 7. Prior to issuance of a Certificate of Compliance, the limit of the entire 25 -Foot No Disturb Zone shall be marked with not less than two (2) weather resistant monuments to be installed at equal distances along the edge of the 25' No Disturb Zone. 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 the issuance of a Certificate of Compliance. 8. The markers as described in Special Condition #7 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._ 9. The applicant shall submit to the Commission a Minor Project Permit Application in order to properly permit the existing wooden play structure. 10. The pool shall employ a cartridge filtration system, with no backwashing into the yard. This condition is on -going and shall survive beyond the issuance of a Certificate of Compliance. 11. There shall be no winter draining /draw -down of pool water into the yard. This condition is on -going and shall survive beyond the issuance of a Certificate of Compliance. 12. If there is to be a draining /draw -down of pool water in the future, it must be made with a suitably long hose and drained to the front of the dwelling over land, as far away from the wetland as possible. No draining of pool shall take place in the buffer zone or directly into Conservation Commission August 7, 2018 Meeting Minutes Page 9 of 9 the wetland. This condition is on -going and shall survive beyond the issuance of a Certificate of Compliance. 13. This Order of Conditions relates ONLY to an above ground pool, and shall become void with the dismantling and removal of this above - ground pool. Any future pool or other subsequent project must come before the Commission for consideration. This condition is on -going and shall survive beyond the issuance of a Certificate of Compliance. Seconded by Herbster. The motion carries 5 -0 -1 with Squibb opposed. Adjournment Pirrotta moves to adjourn at 11:40 p.m. Seconded by Herbster. The motion carries 6 -0. The next regular meeting of the Conservation Commission is Tuesday, August 28, 2018 at Beverly City Hall, 3rd Floor Council Chamber.