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6-11-19 BCC Minutes - FINALCITY OF BEVERLY PUBLIC MEETING MINUTES BOARD: SUBCOMMITTEE: DATE: BOARD MEMBERS PRESENT BOARD MEMBERS ABSENT: STAFF MEMBERS PRESENT RECORDER: Conservation Commission June 11, 2019 Chair Christine Bertoni, Vice Chair Robert Buchsbaum, David Dines, Richard Grandoni, William Squibb Stephanie Herbster, Jenna Pirrotta Aaron Clausen, Planning Director Sarah Scott - Nelson Bertoni calls the meeting to order at 7:00 p.m. at Beverly City Hall, 3r Floor Council Chamber, Beverly, MA. Cont: Beverly Airport — update on Airport Vegetation Management Program — Airport Solutions Group /Airport Manager The Airport Management Group (ASG) provides a presentation regarding an update on the vegetation management plan and some cutting that previously occurred. Handouts are given. ASG shows a map as well as changes proposed and updated this year. Bertoni states that the Commission has just received this information and has not had a chance to review in detail. Discussion ensues about clearing vegetation at the end of the runway and shredding that was done. The airport needs to continue with mechanical type clearing in this area to keep is safe for travel. ASG requests feedback about how to maintain these areas, considering the need to take down trees and vegetation to keep the area safe. ASG representatives hand out schematics to show where planes angle down to land where the vegetation is growing and note that the vegetation presents a hazard and that regulations require them to keep it clear. A map of area is presented to show where contractors maintain the area where the airport is not capable of doing the maintenance. The Airport recently purchased equipment including a mulching machine. Bertoni asks what the different colors on schematic mean and ASG explains, noting that the Federal Aviation Administration (FAA) and MassDOT Aeronautics require that they keep the vegetation clear through a 20 -year grant. Bertoni asks about buffers and states that the Commission has the most concern there. ASG states they will be working within the buffers. Bertoni recommends a site visit. This will be coordinated with Clausen and ASG. Conservation Commission June 11, 2019 Meeting Minutes Page 2of10 Clausen states that the Commission is looking for corrective action, not mowing the wetland. And, has question on what replanting will look like. Clausen notes that previously maintenance was for hand clearing and is now proposed for mechanical maintenance. Bertoni asks if there is corrective action proposed and ASG says that there are no plans for this. Buchsbaum moves to continue to the July 9, 2019 meeting. Seconded by Grandoni. The motion carries 4 -0. REQUEST FOR CERTIFICATE OF COMPLIANCE Cont: 100 & 102 Hull Street, DEP File #5 -1205 - construct two new single family houses - MJP Properties, Inc. c/o Mike Panzero & Susan Purdy Robert Griffin of Griffin Engineering representing the applicant stated that he was before the Commission for approval last summer. One homeowner installed fencing and the Commission was concerned that it was not shown on the as -built plan. The Commission also noted concern with lack of vegetation behind the houses. The Commission has no plans to look at for this request and Griffin notes he sent them yesterday. Buchsbaum motions to continue to the July 9, 2019 meeting. Seconded by Grandoni. The motion carries 4 -0. Cont: 143 West Street, DEP #5 -808 - raze existing and construct new single family home and associated appurtenances - Daniel Carnevale Griffin states that all work was completed including removal of the patio from the 25 -Foot No- Disturbance Zone and planting of ornamental grass. The property is planning to close on a sale at the end of June. Clausen says that a copy of plans are in the file and were received yesterday, June 10, 2019. Clausen will schedule a site visit for next week. Special Conditions were included for the approval including 75% survivorship for the mitigation plantings, in addition to Perpetual Conditions number 46, 47, 48, and 49. Dines moves to issue a complete Certificate of Compliance pending a satisfactory site inspection by Clausen. Seconded by Buchsbaum. The motion carries 4 -0. Cont: 400 Hale Street, DEP #5 -1070 - replace existing athletic fields with synthetic fields and associated improvements - Endicott College Clausen notes the Commission received an email from proponent requesting a continuance to the July 9, 2019 meeting. Buchsbaum moves to continue to the July 9, 2019 meeting. Seconded by Grandoni. The motion carries 4 -0. Cont: 400 Hale Street, DEP #5 -1158 - construct access road and associated parking lot in the vicinity of northeast area of the college campus - Endicott College Conservation Commission June 11, 2019 Meeting Minutes Page 3 of 10 Clausen notes he received an email from the proponent requesting a continuance to the July 9, 2019 meeting. Buchsbaum moves to continue to the July 9, 2019 meeting. Seconded by Grandoni. The motion carries 4 -0. New: 35 Standley Street, DEP #5 -1126 - replace cobblestone patio with brick and planting beds; install brick patio at theatre building entrance, work to take place within 100 -foot buffer to bank of intermittent stream and bordering vegetated wetland - Waring School Vaclav Talacko of Hancock Associates representing the applicant, displays the as -built plan to include the courtyard entrance, patio upgrades, and theater building entrance. Additional plans are provided showing the distances from stream and project elements. There is a 2 -foot by 2 -foot fixed planter at the entrance to courtyard, which is a minor deviation from the approved plan. Bertoni requested that it be moved. Talacko reports that it is easy to accomplish. Clausen performed a field inspection. The applicant will be filing a new Notice of Intent next month for work at the school and it will also include native plantings and an increased buffer to the resource area that discourages students from walking through the buffer. Buchsbaum motions to issue a complete Certificate of Compliance, with the perpetual conditions 31 through 34 as discussed. Seconded by Grandoni. The motion carries 4 -0. New: 35 Standley Street, DEP #5 -704 - improvements to access driveway and student drop - off /pick -up areas; addition of parking lot; relocation of tennis court - Waring School Ann McMenemy of Hancock Associates discusses the approved access road and parking lot. According to meeting minutes from June 11, 2000, parts of the plan were changed, as the parking lot was planned to be porous pavement; now it's very compacted gravel. McMenemy was not aware that drainage calculations were previously done and submitted to commission June 20, 2000 and Hancock Associates needs to evaluate the calculations with current conditions. The July 11, 2000 meeting minutes state that two catch basins were removed and a trench was to be constructed. Bertoni questions what was actually installed. McMenemy is not certain and needs to go over the calculations and evaluate the runoff. Bertoni states that the Commission was provided with an approved plan that shows an additional area of the property than what is shown. McMenemy states that no work is proposed there and that all work proposed within the Commission's jurisdiction is shown. Clausen states that in that plan there is a proposal to rebuild the tennis court, but that never took place. Buchsbaum moves to continue to the July 9, 2019 meeting. Seconded by Grandoni. The motion carries 4 -0. Conservation Commission June 11, 2019 Meeting Minutes Page 4of10 New: 35 Standley Street, DEP #5 -687 - construction of a new Forum Building with certain underground utilities and drainage facilities within buffer zones - Waring School Representatives of the Waring School discuss the approved gas line and provide a handout. The area of the gas line is marked in the field and project representatives observed the area with Clausen. Clausen states that the work seems to be in compliance with the approved plan. Waring School representatives discuss the water line and the challenge of getting it marked as the City water department will not mark private property. Project representatives hired a separate company to locate the line, but it was not found to be in the expected location. The water line was shown to go through the wetland, sewer easement, and more wetland. Project representatives or others at the school do not have information as to why or how this was done. McMenemy of Hancock Associates does not have information on the drainage calculations and questions whether the Commission wants that examined. Bertoni says the Commission needs to know what happened and how the utilities are performing today. McMenemy reports that the area is functioning and stable today. Measurements are provided in terms of mitigation in converting a portion of playing field back by the wetland edge into wetlands. Bertoni comments that it is hard to compare the as -built with the approved plan and asks where the playing fields are located on the as -built plan. Bertoni asks that this information be added to the plan and also asks about the sewer. McMenemy says there is a manhole but is unsure about the sewer location. Bertoni would like to locate where the sewer line is coming in. McMenemy noted the questions and requested a continuance to obtain the requested information. Bertoni has additional questions regarding the location of the water line and notes concerns if repairs or maintenance are needed if a break occurs. Buchsbaum moves to continue to the July 9, 2019 meeting with the understanding that the Commission will issue an enforcement order to allow work for mitigation for the unpermitted activities that went on twenty years ago. Seconded by Grandoni. The motion carries 4 -0. Let the record show that Bill Squibb has joined the meeting. New: 18 Doane Avenue, DEP File 5 -1221 - construct 22'x30' addition, including excavation, foundation, backfill, grading, removal of a portion of existing dwelling and deck, and associated work within the 100 -foot buffer to bordering wetland — Thomas Marletta Clausen performed a site visit and notes that grass is growing. Stairs were installed on the side of the addition to hold back some soil on the upper level to prevent erosion. The work is completed as approved by the Commission and the mound of soil was leveled out. There is a small rock retaining wall which prevents overflow into wetlands and a couple more feet were added as requested. Drywells were added at the downspouts which were filled with crushed stone, but it Conservation Commission June 11, 2019 Meeting Minutes Page 5 of 10 was reporting that there is no runoff in this area. Clausen confirms the work was completed as stated. Bertoni notes that the buffers are not included on the as -built plan and that these should be included for the file copy. The site is stable and the erosion controls may be removed. Buchsbaum moves to issue a complete Certificate of Compliance pending receipt of the final plan showing the buffers and with the six perpetual conditions as discussed. Seconded by Grandoni. The motion carries 5 -0. New: 98 Valley Street, DEP File #5 -1155 - construct two additions, repair a retaining wall and conduct drainage improvements within 100 feet of bordering vegetated wetlands — Mike Hahich There is no applicant or representative present relative to this request. Clausen will communicate to the project proponent that they need to submit an as -built plan relative to this request and to present the request to the Commission. Dines motions to continue to the July 9, 2019 meeting. Seconded by Grandoni. The motion carries 5 -0. New: 17 Victor Avenue, DEP File #5 -1157 - alteration to the inland bank and riverfront resource areas by removing and replacing existing stone wall located alone the embankment of an inland stream — Anthony Paluzzi Griffin represents the applicant and describes the request for Certificate of Compliance, noting that the work was located next to a pipe that ran through the back yard. There is a stone wall next to garage, close to the wetlands. The work has been complete for over a year, the site is stable and the applicant is requesting a complete Certificate of Compliance. Bertoni asks about the different wall type names. The project representative notes that wall names are different only because of the manufacturer name. Clausen has not yet performed a site visit, but will schedule a visit within the next couple of weeks. Squibb moves to continue to the July 9, 2019 meeting. Seconded by Buchsbaum. The motion carries 5 -0. New: 20 Elnew Avenue, DEP File #5 -1177 - construct a single family dwelling in the buffer to Bordering Vegetated Wetlands — Chitro Family Series, LLC -Lot 20 Fair Acres Series Bob Griffin of Griffin Engineering, represents the applicant and requests a partial Certificate of Compliance under the Beverly Wetlands Ordinance. There is a superseding Order of Conditions for the project and the applicant will file a separate request with Mass DEP regarding compliance with the superseding Order of Conditions. Griffin reports that the house was built according to the approved plans and that the mitigation was completed and that grass was hydro- seeded. Conservation Commission June 11, 2019 Meeting Minutes Page 6of10 Mr. Basin, an abutter to the property, asked if he could have a better fence than shown on plan. All work is complete, except for the installation of the fence which is expected to be installed the following week. Regarding the partial Certificate of Compliance request per the Beverly Order of Conditions, a 75% survivorship is required two years after planting, so the applicant will need to come back to the Commission in two years to request the final Certificate of Compliance. Griffin states that the superseding Order is very similar to the Beverly Order. The completed house had a slightly smaller footprint than what was approved. Bertoni asks if there is a crawl space rather than a slab foundation and Griffin confirms as there is a crawl space, which was done to prevent water damage to the structure, but that the garage is still on a slab. Clausen reports that a site visit was performed. The Commission asks about flooding issues and Griffin notes that issues were limited to the winter months and that the issues have since been resolved. The property is heated with two propane tanks. Bertoni requests an updated as -built plan when the applicant requests the complete Certificate of Compliance. Dines motions to issue a partial Certificate of Compliance for the work, except for the fence installation and the survival of the mitigation plantings, with perpetual conditions numbers 36 through 41. Seconded by Grandoni. The motion carries 5 -0. REQUESTS FOR DETERMINATION OF APPLICABILITY Cont: 13 Meadow Road - expand existing rear deck and pour concrete form underneath to support proposed storage shed - Ryan Feller The Commission held a site inspection on Saturday, June 8, 2019 at 8 a.m. Feller recaps the proposed work including that the concrete pad will be 14 -feet by 12 -feet and mitigation would consist of removing invasive bittersweet vines. Bertoni asks if there will be excavation and whether there will there be calculations on the amount of fill removed and instructs the applicant to seek a building permit. Bertoni confirms the need for the installation of erosion controls. Bertoni agrees with some vine removal by hand. Squibb requests removing or cutting all the vines if possible. Feller says he will get to what he can, as some vines are unreachable in the trees. Equipment access will be from the driveway and there shall be no stockpiling of materials. The Commission says invasive bittersweet vine removal will be a condition of approval and that a building permit must be sought and a final plan submitted to the Commission. Dines moves to issue a Negative 3 Determination with the conditions as discussed. Seconded by Grandoni. The motion carries 5 -0. Recess for Public Hearings Conservation Commission June 11, 2019 Meeting Minutes Page 7of10 Squibb moves to recess for public hearings. Dines seconds. The motion carries 5 -0 NOTICES OF INTENT /ABBREVIATED NOTICES OF INTENT /REQUESTS FOR AMENDED ORDERS OF CONDITIONS New: 43 Haven Way, DEP File #5 -1193 - request to amend Order of Conditions - Olaf Stellin2 Clausen reads the legal notice for the replacement of the existing pool, updating the pool deck, and installing a shed within the 100 -foot buffer. Bill Manuell of Wetlands and Land Management represents the applicant and requests to amend the Order of Conditions. The existing pool has a fence around it, with a shed, and deck around the pool. There is an increase of 288 square feet of impervious surfaces as a result of new pool and pool deck. Manuell states it is a minor change compared to what was previously approved which allowed 4,000 square feet of impact in the Riverfront and buffer zone. The work is still 890 square feet less structure in the buffer zone and 3,355 square feet less in the Riverfront compared to what was originally approved. Erosion controls would be installed around the south and west side of fence along the ground where the existing fence is located. Manuell notes that the work is outside of the 50 -Foot No Build Zone and 25 -Foot No Disturbance Zone. The Commission recommends that a revised plan be provided that shows the 50 -Foot No Build Zone. Bertoni asks about double lines on submitted documents. One is the FEMA flood zone line and the other is the coastal bank line. Bertoni asks what kind of pool filtration is proposed. Manuell reports that the architect hasn't designed that yet and states that pools are generally moving to greater use of salt instead of diatomaceous earth. Bertoni asks the Commissioners whether they would like to hold a site visit and Commissioners state they do not feel it is necessary. The shed will be rebuilt or installed to the same size as the existing shed and the existing chain link fence maintenance would require some repairs and some parts to be taken down. Clausen asks how the construction equipment will get to the pool. Manuell notes that the area is all grass and has a gentle slope. During the work, some grass may be worn down with vehicle traffic. There will be a track machine excavator and a dump truck will likely be used. The Commission asks that disturbed areas be reseeded. All of the existing trees will stay. Dines moves to close the hearing. Seconded by Grandoni. The motion carries 5 -0. Reconvene Regular Meeting Grandoni moves to reconvene the regular meeting. Seconded by Squibb. The motion passes 5 -0. Cont: 20, 30 & 40 Webster Avenue, DEP File #5 -1237 - EO cart path restoration follow up discussion - PD Development Conservation Commission June 11, 2019 Meeting Minutes Page 8of10 Griffin, representing the applicant recaps the enforcement order regarding the unauthorized work on the cart path. The Commission wants grass and shrubs to be planted and for the area to be naturalized more. Gravel was used to fill in spots and the area would be top dressed with soil. Squibb expresses concern with the gravel sub -base that was placed and that plants and seeds will not be able to grow through it. Squibb says that the gravel should be removed. Griffin disagrees about the growth through processed gravel under topsoil. The Commission suggests that a loam mixture should be added so the area can be seeded and support plant growth. Griffin states that the area by the driveway is recycled asphalt and that the applicant was in process of removing it. Bertoni agrees with Squibb, and doesn't think anything will grow through the packed gravel. The Commission wants to rehab the cart path to what was previously existing. Griffin says the applicant will whittle down the cart path and smooth out the area. The Commission wants to remove the certain sections that do not have the base and requests to remove three inches of fill. Clausen states that the applicant should put a proposal together and that the cart path was not intended to act as a road. A plan is needed to bring the path back to the previous condition and if mechanical measures are needed, this should be explained. Griffin says they will make the modifications, to include loosening the packed gravel road, removing hay, and hydro- seeding up to the rocks. The Commission says the goal is for the area to be consistent with what it used to look like and proposes four feet of cart path, with the sides of the path to be seeded. Griffin will work on a plan and proposal to submit to the Commission and the Planning Board. Minor Project Permits 65 Balch Street, attached 2arne Clausen reads the project description including construction of a two -car garage to west side of and existing building. The garage would be 28 feet by 24 feet and is located outside of the buffer. Machines /equipment would be exiting and entering the driveway, but the work is outside the buffer. Maxner previously approved the work and the Commission reported no objections. 42 Fosters Point, storage shed Clausen reads the project description for the installation of 8 -foot x 12 -foot storage shed. The new shed would be located within the existing footprint and would be 18 inches off the ground. The work is outside the 200 -Foot Riverfront Area, but within Land Subject to Flooding. Maxner previously approved the work and the Commission reported no objections. Approval of Minutes Conservation Commission June 11, 2019 Meeting Minutes Page 9of10 August 28, 2018 The Commission reviews the draft minutes and offers edits. Squibb moves to approve the minutes, as amended. Seconded by Grandoni. The motion carries 4 -0 -1, with Buchsbaum abstaining as he was absent for that meeting. September 18, 2018 The Commission reviews the draft minutes and offers edits. Dines moves to approve the minutes, as amended. Seconded by Squibb. The motion carries 4 -0 -1, with Dines abstaining as he was absent for that meeting. October 17. 2018 The Commission reviews the draft minutes and offers edits. Dines moves to approve the minutes, as amended. Seconded by Squibb. The motion carries 5 -0. Orders of Conditions 43 Haven Way The Commission discusses special conditions under the state Wetlands Protection Act and the Beverly Wetlands Ordinance. Special conditions include: 1. The Conservation Commission strongly recommends that the meadow area to the south of the house be mowed a maximum of once (1X) per year in the late fall. This mowing regime will help maximize multi- species utilization of this habitat and support life cycles of same. Management of this habitat could benefit from seeking advice from conservation organizations that manage similar holdings for specific target species. 2. The existing meadow - cutting compost material shall be pulled out of the coastal bank and off of tree root systems. 3. Prior to work commencing the new limits of the meadow - clipping compost area shall be reviewed in the field with the Conservation Agent. Once this field investigation is complete and new limits agreed upon, the proposed plan shall be revised to accurately depict the new location and limits of the meadow - clipping compost area. Said revised plan shall be forwarded to the Conservation Commission for its file. 4. At least two weather resistance monuments, not less than 2 -feet in height, shall be installed at the resource -area -side of the relocated meadow - clipping compost area, bearing markers with the following language: "Protected Wetland Resource Area: No dumping of yard /meadow clippings or other debris beyond these markers. " These markers shall be kept in good repair. This condition shall survive as an on -going condition beyond the issuance of a Certificate of Compliance. 5. In order to protect tree root systems within the work zone, a temporary mat or 1 -foot thick layer of bark mulch shall be spread over entire ground surface of tree canopy and drip edges. Conservation Commission June 11, 2019 Meeting Minutes Page 10 of 10 6. If any existing roots come into conflict with the excavation for the garage foundation or over -dig area, said roots shall be cut clean with a sharp saw or blade. 7. If any existing trees cannot be preserved due to construction impacts, replacement trees shall be planted within the riverfront area. Said trees shall be native, and at a 2:1 replacement ratio and shall not be less than 1.5- inches in caliper. 8. Tie in of the new garage roof runoff into the existing pipe collection system shall be investigated. If tie in is not possible or recommended, roof runoff shall be diverted away from wetland resource areas. 9. The applicant shall submit a formal waiver request with a rational supporting grant of waiver, and a revised site plan showing the 50 -No -Build Zone from the Coastal Bank. 10. The shed located near the pool shall be reconstructed as shown on the plan and be the same size or smaller than existing. 11. Monitor any erosion caused by construction equipment along the access route to the construction area related to the pool, and all disturbed soils shall be reseeded with an appropriate seed mix. 12. The applicant or project engineer shall confirm what type of pool filtration system will be employed and specifications forwarded to the Commission. 13. Per Special Condition 912 above, if a diatomaceous earth/backwash system is to be used, all backwash shall be directed over land to maximize infiltration, or directed into a drywell, and in no circumstances should be directed towards wetland resource areas. This condition shall be on -going and survive beyond the issuance of a Certificate of Compliance. 14. The perimeter pool fence shall be replaced in the same footprint as existing. Grandoni moves to issue an Amended Order of Conditions based on the conditions as discussed. Seconded by Squibb. The motion carries 5 -0. Old /New /Other Business Dines submits a letter into the record from residents in Ryal Side requesting that swings be replaced at Obear Park. Clausen says there is increased public interest in replacing the swings, but he was told by Parks and Recreation that it is not possible to do the work to the standards of the Conservation Commission and it may not be a good location for the swings. There are new candidates for City Councilor in Ward 1 and this topic is resurfacing. Clausen may add this discussion topic to a future agenda. Adjournment Dines moves to adjourn at 9:53pm. Seconded by Grandoni. Motion carries 5 -0. The next regular meeting of the Conservation Commission is July 9, 2019 at 7:00pm at Beverly City Hall, 3rd Floor Council Chamber.