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10_08_2019 Con Com Minutes - FINALConservation Commission October 8, 2019 Meeting Minutes Page I of 8 CITY OF BEVERLY PUBLIC MEETING MINUTES BOARD OR COMMISSION SUBCOMMITTEE: DATE: LOCATION: MEMBERS PRESENT: MEMBERS ABSENT: STAFF PRESENT: OTHERS PRESENT: RECORDER: Conservation Commission October 8, 2019 City of Beverly, 3rd Floor Council Chamber Chair Christine Bertoni, Stephanie Herbster, Rick Grandoni, Bill Squibb Vice Chair Robert Buchsbaum, David Dines Jenna Pirrotta, Environmental Planner Sarah Scott - Nelson Bertoni calls the meeting to order at 7:00 p.m. in the 3rd Floor Council Chamber in City Hall. RECESS FOR PUBLIC HEARINGS Squibb moves to recess for public hearings. Seconded by Herbster. The motion carries 4 -0. NOTICES OF INTENT / ABBREVIATED NOTICES OF INTENT / REQUESTS FOR AMENDED ORDERS OF CONDITIONS Cont: 43/47A Water Street, DEP #5 -1280 — Beverly Port Marina c/o Jonathan Silver Bertoni reports that there is a quorum issue for this project, as two commissioners are absent and one member missed two hearings on this topic and thus is ineligible to vote on the project. Con- sequently, Squibb moves to continue to the October 29, 2019 meeting. Seconded by Herbster. The motion carries 4 -0. Cont: 63 Lothrop Street, DEP #5 -1282 — Sanford Freiberg Kelliher Bob Griffin, Griffin Engineering, representing the applicant, reports that a DEP file number was recently assigned and that no requests for plan changes were made during the previous presenta- tion or site walk. Bertoni requests clarification on the mitigation measures that will be used dur- ing construction. Griffin reports that the applicant is proposing mitigation plantings and storm water infiltration. Squibb moves to close the hearing. Seconded by Herbster. The motion carries 4 -0. Cont: 1 Water Street, DEP #5 -1277 — Beverly Restaurant Associates LLC c/o Martin A. Bloom Scott Cameron, The Morin - Cameron Group Inc, representing the applicant, states the applicant's intention to adhere to the Commission's conditions concerning the proposed three -story restau- rant and corresponding parking lot, with hopes to close at the October 29, 2019 meeting. Conservation Commission October 8, 2019 Meeting Minutes Page 2 of 8 Grandoni describes the difficulty of seeing the property line on the site visit. Cameron states that the property line is the seawall and pier. Grandoni also requests clarification about the plan for the restaurant foundation. Squibb requests clarification on grading and the elevation for the drainage system. Bertoni questions the exact location of the new foundation relative to the cur- rent building. Cameron explains the approach of the layout relative to an entirely developed site which would be different if the property was abutting a salt marsh or river bank. Dan Finn, abutter, asks about the Commonwealth tide land property line and requests the prop- erty be marked accordingly as well as for the historic low water line. Finn also requests that the location for dewatering be clearly listed in the proposal. Bertoni requests that Finn submit his questions to the Commission in writing. Cameron responds that the tide lands and the mean low water line are both marked on the plans. Finn requests a copy of the plans with the markings from Cameron. Cameron confirms that the applicant is actively seeking a DEP Waterways license. Bertoni requests clarification on whether this is detailed in the narrative plans. Peter Woodward, abutter, reports that the deed for the property was designated for park and rec- reation in Article 97. Bertoni states that the Commission will get more information from the City Solicitor before moving forward. Ann Marton, LEC Environmental, clarifies that according to the project agreement and the City project agreement, the first floor of the restaurant will be designated to be open to the public, and will accommodate the parameters for Article 97. She further clarifies that all the related infor- mation is in the Request For Proposals and that the restaurant is an allowable use per the Project Agreement as described in the Notice of Intent. Cameron will reach out to the Mayor's office for further information for the next meeting. Squibb moves to continue the hearing to the October 29, 2019 meeting. Seconded by Herbster. The motion carries 4 -0. New: 270 Hale Street - DEP# 5 -1283 — Timothy & Marie Tobin Pirrotta reads the legal notice. Bill Manuell, Wetlands & Land Management Inc, representing the applicant, describes the pro- posal of constructing an addition to a single family home. The applicant intends to refurbish the deck but requests permission to rebuild the deck from the ground up in the same dimensions if found to be necessary during construction, as well as to repave the existing driveway and add a turnout. The existing deck falls within the 50 -foot no -build zone. A mulch sock will be added to prevent sediment from migrating into the river. Bertoni requests clarification that the addition will be no closer than the existing development on the property and on whether the footers for the deck would be replaced. Squibb requests clarifi- cation on whether the steps will be moved slightly. Conservation Commission October 8, 2019 Meeting Minutes Page 3 of 8 Herbster moves to close the hearing. Seconded by Grandoni. The motion carries 4 -0. New: 107 Dodge Street DEP #5 -1284— Harts Hill, LLC Pirrotta reads the legal notice for the construction of a new multi - family development with de- tached garage, parking, landscaping, and utilities. Scott Cameron, representing the applicant, explains the plan for constructing a new multi - family development. He reports that the site for material storage will be located outside of the buffer zone and two trees will need to be removed. Bertoni requests clarification on whether there will be an overall reduction of impervious surfaces on the site, reducing the pavement footprint. Cam- eron states that the applicant is planning on a 20 foot rather than 24 foot driveway made partially of permeable pavers allowing water to pass through. Cameron also reports that the applicant is not requesting any waivers for no- build /no- disturbance zones, but will build partially within the 100 -foot buffer. Bertoni requests signage for the snow plowing plan, as well as having it detailed in the plans. Wayne Garry, abutter, expresses concern for the additional flooding caused by the proposed de- velopment and requests that nothing be built before the Commission visits the site during flood- ing. Bertoni requests clarification on whether the flooding is coming from Dodge Street. Garry reports that the flooding is from Route IA and already floods into the 107 Dodge Street property. Bertoni reports that the site is designed to contain its own stormwater on site and not funnel onto neighboring properties. Garry again requests a site visit and leaves pictures of past flooding from rain with the Commission. The Commission sets a site visit for October 19, 2019 at 8:00 am. Cameron requests clarification on what the Commission would like to see on the site visit. Bertoni requests that the 100 -foot buffer be demarcated. Squibb requests paint representing the corners for building and pavement. Pirrotta will reach out to the owner of 7 Tozer Road for permission to see the wetland line, as it is located off the subject property. Squibb moves to continue to the October 29, 2019 meeting. Seconded by Grandoni. The motion carries 4 -0. RECONVENE REGULAR MEETING Grandoni moves to reconvene the regular meeting. Seconded by Squibb. The motion carries 4 -0. REQUEST FOR DETERMINATION OF APPLICABILITY New: 16/18 Hobart Avenue – Beniamin Meade Pirrotta reads the legal notice. Conservation Commission October 8, 2019 Meeting Minutes Page 4 of 8 Benjamin Meade and Megan Barry present their proposal to repave their adjoining driveways. Bertoni questions on whether the existing driveway will be paved over, and the applicants re- spond that they will be removing the existing asphalt and placing it directly into dump truck. Bertoni requests clarification on whether they are planning on any additional fill. Grandoni moves to issue a Negative 2 and Negative 3 Determination with the conditions that the waste be removed and that there be no additional grading. Seconded by Squibb. The motion carries 4 -0. New: 150 Sohier Road — Aptim Environmental & Infrastructure, LLC Pirrotta reads the legal notice. Raymond Cadorette, Aptim Environmental, representing the applicant, explains the plans to per- form vertical soil borings and install groundwater monitoring wells on the property. Bertoni clar- ifies that they are already doing active remediation. Squibb requests clarification whether a few shrubs will be removed and replaced. Bertoni reads the conditions stated at previous hearing, including fencing replaced within preex- isting location, prior to drilling activities on site, erosion control shall be installed at the edge of areas to be loaded and seeded, after erosion control installation but before drilling activities, a site inspection shall be scheduled with the applicant and our agent, all drill spoils shall be imme- diately containerized, and open stock pile is prohibited. Herbster moves to issue the Negative 2 and Negative 3 determination with the standing condi- tions from the previous request as discussed. Seconded by Grandoni. The motion carries 4 -0. New: 47B Water Street — 47B Water Street, Realty Trust Pirrotta reads the legal notice. Thomas Alexander explains the work, proposed under the after - the -fact permit application which included adding a piling to an existing dock. The pile had already been installed prior to the sub- mittal of the application. Alexander describes the DEP statement on the minor project change. Brad Paul, the applicant, shows the Commission pictures of the site. Bertoni asks if the chains have been removed. Alexander reports that they were requested not to move them in case of a storm, as they add more stability. Bertoni clarifies the Chapter 91 license and that the work is all completed on the site. Squibb moves to issue a Negative 2 determination with no conditions. Seconded by Herbster. The motion carries 4 -0. REQUEST FOR CERTIFICATE COMPLIANCES Cont: 400 Hale Street, DEP #5 -1158 — Endicott College (continued to 10/29/19) Conservation Commission October 8, 2019 Meeting Minutes Page 5 of 8 Grandoni moves to continue the request to the October 29, 2019 meeting. Seconded by Squibb. The motion carries 4 -0. Cont: 376 Hale Street, DEP #5 -1070 — Endicott College At the request of the applicant, Herbster moves to continue to the October 29, 2019 meeting without discussion. Seconded by Grandoni. The motion carries 4 -0. Cont: 35 Standley Street, DEP #5 -704 — Warin2 School At the request of the applicant, Herbster moves to continue the request to the November 12, 2019 meeting. Seconded by Grandoni. The motion carries 4 -0. Cont: 16 Fosters Point, DEP #5 -819 — Lux Realty North Shore, Henry Pizzo At the request of the applicant, Squibb moves to continue to the October 29, 2019 meeting with- out discussion. Seconded by Grandoni. The motion carries 4 -0. Cont: 9 Kinsman Street, DEP #5 -1222 — MPM Companies, LLC (continued to 11/12/19) Bertoni notes that this item has already been continued to the November 12, 2019 meeting. Cont: 10 Sunnyvale Street, DEP #5 -1122 — Scott Tarnowski (continued to 11/12/19) Bertoni notes that this item has already been continued to the November 12, 2019 meeting. New: 19R Linden Avenue, DEP #5 -1189 — Michael Panzero Bob Griffin, representing the applicant, describes the completed work including the construction of the house and gravel driveway. Bertoni asks about the two wooden deck posts that were not in place. Griffin asserts that the posts are more of a construction issue as the footers are already in place and there would be no additional impacts to the resource area whether the posts are in or not. Grandoni moves to issue a complete Certificate of Compliance with the perpetual conditions from the Order, numbers 35, 36, 37, 38, and 39. Seconded by Squibb. The motion carries 4 -0. OILD/NEW /OTHER BUSINESS ENFORCEMENT ORDERS Cont: 20, 30, & 40 Webster Avenue, DEP #5 -1237 — PD Development Bob Griffin explains the follow up discussion of the cart path restoration. Bertoni states the silt fence will remain until work is complete, and then the hay bales and all strings will be removed. Conservation Commission October 8, 2019 Meeting Minutes Page 6 of 8 Griffin will update the Commission on the timeline for completion of the project at the October 29, 2019 meeting. The the cart path will be restored per the plan, however it is noted that approval of the plan does not mean that the Commission endorses or requires the driveway /access to the adjacent home. New: 16B Bay View Avenue — updated information on Superseding Order of Conditions Bob Griffin, representing the applicant, follows up on the previously denied project. Bertoni asks about the Superseding Order of Conditions from DER Pirrotta reports the lack of a quorum for the previous Executive Session with the Assistant City Solicitor regarding the project a few weeks ago. Bertoni expresses uncertainty over the Commission's authority to modify its previous denial of the local order. Pirrotta will seek information from the Assistant Solicitor on options for course of action for the Commission to take on this project. TREE REMOVAL REQUESTS 102 Hull Street — Timothy Cormier Pirrotta reports three trees to be removed, one within the 25 -foot no disturb zone. The City Ar- borist had also reported that the two trees near the street pose a hazard and recommended their removal. The Commission votes to approve the tree removal, flush cut, no grinding or stump re- moval, which carries 4 -0. CONT: BEVERLY AIRPORT — Airport Solutions Group /Airport Manager Pirrotta reports the discussion from her last meeting with the airport manager. Bertoni states that the airport needs to notify the Commission of un- permitted removal of brush, requests clarifying the maintenance techniques, and suggests that the airport show the Commis- sion where the areas of concern are in the vegetation management plan to limit further confusion. OTHER... MINOR PROJECT PERMITS New: 36R Lothrop Street Pirrotta reports that she issued a Minor Project Permit for 36R Lothrop Street to replace a broken sewer pipe section within ten feet of wetland area. EXPENDITURES Conservation Commission October 8, 2019 Meeting Minutes Page 7 of 8 Herbster moves to approve reimbursing Pirrotta for mileage to carry out Conservation Commis- sion duties at the stated amount. Seconded by Grandoni. The motion carries 4 -0. The Commission discusses renewing membership to the Massachusetts Association of Conserva- tion Commissions and the option to purchase an online handbook. Squibb requests one. Herbster moves to approve renewing membership for the Commissioners and one staffperson for $578. Seconded by Grandoni. The motion carries 4 -0. ORDERS OF CONDITIONS New: 270 Hale Street - DEP# 5 -1283 — Timothy & Marie Tobin The Commission discusses the conditions relative to the installation of erosion controls. Bertoni suggests the conditions of removal of any excavated materials or debris off -site, seeding as soon as possible, and the Commission's standard perpetual conditions. Special Conditions included: L Staked erosion controls in the form of 12" diameter mulch sock shall be installed as shown on the approved plan prior to other work occurring on site. 2. Any excavated materials /debris shall be removed and properly disposed of offsite. 3. Storage of construction materials and dumpster shall be located on existing paved areas, or adjacent to the house. 4. Areas of disturbance shall be minimized and shall be seeded as soon as possible. Herbster moves to issue and Order of Conditions with the conditions and discussed and the per- petual conditions. Seconded by Grandoni. The motion carries 4 -0. Cont: 63 Lothrop Street, DEP #5 -1282 — Sanford Freiberg Kelliher Bertoni suggests the special conditions of adherence to state and local ordinances, standard con- ditions, debris to be off -site, that there shall be no negative effects downdraft on coastal beaches, and the request for photographs documenting the installation. Special Conditions included: 1. Photos shall be provided to the Conservation Agent that document the installation of the drainage features. 2. Prior to the issuance of a Certificate of Compliance, the mitigation plantings shall exhibit at least 75% overall survivorship for herbaceous plants and shrubs and 100% overall sur- vivorship for trees, 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 Com- mission. 3. All debris shall be removed off -site and only clean fill shall be used. 4. There shall be no negative effects to down drift coastal beaches. Conservation Commission October 8, 2019 Meeting Minutes Page 8 of 8 Herbster moves to issue the Order of Conditions, standard and special conditions and standard perpetual conditions under the state and local laws. Seconded by Grandoni. The Motion carries 4 -0. ADJOURNMENT Herbster moves to adjourn at 10:00 pm. Seconded by Bertoni. The motion carries 4 -0. The next regular meeting of the Conservation Commission is Tuesday, October 29, 2019 at Beverly City Hall, 3rd Floor Council Chamber.