09-17-19 BCC Minutes - FINALConservation Commission
September 17, 2019 Meeting Minutes
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CITY OF BEVERLY
PUBLIC MEETING MINUTES
BOARD OR COMMISSION: Conservation Commission
SUBCOMMITTEE:
DATE: September 17, 2019
LOCATION: City of Beverly, Council Chamber 3rd floor
MEMBERS PRESENT: Vice Chair Robert Buchsbaum, Stephanie Herbster
David Dines, Bill Squibb
MEMBERS ABSENT: Chair Christine Bertoni, Rick Grandoni
STAFF MEMBERS PRESENT: Jenna Pirrotta, Environmental Planner
OTHERS PRESENT:
RECORDER: Sarah Scott - Nelson
Buchsbaum calls the meeting to order at 7:00 p.m. in the 3rd floor Council Chamber in City Hall.
APPROVAL OF MINUTES
March 26. 2019
The Commission reviews the draft minutes and offers edits. Dines moves to approve the March
26, 2019 minutes as amended. Seconded by Herbster. The motion carries 4 -0.
April 10, 2019
The Commission reviews the draft minutes and offers edits. Herbster moves to approve April 10,
2019 minutes as amended. Seconded by Dines. The motion carries 4 -0.
May 29, 2019
The Commission reviews the draft minutes and offers edits. Buchsbaum leaves the May 29, 2019
minutes pending amendment.
RECESS FOR PUBLIC HEARINGS
Squibb moves to recess for public hearings. Seconded by Dines. The motion carries 4 -0.
Cont: 35R Standley Street, DEP #5 -1276 — Warin2 School c/o Timothv Bakland
Ann McMenemy reports the project description was revised, with the 25 -Foot No Disturbance
Zone added to the landscaping plan, the building being pulled back from the resource area by
twelve feet, and seventeen native trees tallied to be removed with corresponding mitigation
plantings. The landscape architect describes the mitigation plantings which include pines, red
oak, golden rod, milkweed, etc.
A representative from Hancock Engineering reports that the project has gotten simpler. The
building has backed off from the riverfront, the gate house will now have utilities connected to it,
and the site will have less impervious area.
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Buchsbaum asks about the four ponds related to storm drainage. The representative from Han-
cock Associates explains that they are steps of drainage into rock. Buchsbaum suggests that a
condition be included that discourages students from using the cut through to allow new plant-
ings to grow.
Herbster moves to close. Seconded by Squibb. The motion carries 4 -0.
Cont: 59 Ober Street, DEP #5 -1278 — 59 Ober Street LLC
Greg Hockmouth of Williams & Sparages, explains details of the new single family house plan
including the additional snow fence around the Beech tree, the removal of the septic tank, and
plans to tie in to the municipal sewer system. Hockmouth also explains plans to increase pervi-
ous surface which will cause a slight increase in runoff to the ocean but minor, and a roof filtra-
tion system will be in place to mitigate it.
Buchsbaum asks about any opportunities to improve the coastal bank while working on the pro-
ject. Hockmouth replies they are not planning on any improvements to the Coastal Bank but are
staying away from No -Build Zones. Buchsbaum also suggests checking the numbers on the lot
size because the sums are inconsistent.
Dines clarifies that the pool deck is proposed to remain concrete and suggests that it be plaster or
a more pervious surface if more intensive renovations are needed for the deck. Squibb clarifies
that the patio is currently wood and the applicant proposes a concrete patio.
Bill Mead, abutter, voices concern about the inconsistencies in lot size in the calculations. He re-
quests that the Commission require the applicant to move the house further back from the coastal
bank because the lot is big enough to sustain that move. Mead also requests that the fence and
sediment log, located beyond the architect drawings, be removed out of plant beds and limit the
sediment fence to the most minimal necessary.
Peter Brown, property manager, responds to Mead's question stating that the fence is outside of
the 100 -foot buffer and that he believes that the fence is out of the Commission's purview.
Rick Albert, another abutter, voices concerns regarding the work and requests that the Commis-
sion monitor the project through completion.
John Cooley, a third abutter at 63 Ober Street, voices concerns about the additional runoff from
the project because water drains into his property and he already deals with an abundance of wa-
ter. Cooley requests more mitigation of the runoff.
Hockmouth states that the drainage analysis, which was previously submitted, proved no in-
crease in runoff, and that the proposed infiltration system will handle the bulk of the runoff.
Buchsbaum asserts the Commission's jurisdiction of the 100 -foot buffer and asks about the pos-
sibility of moving the house further out of the buffer. Hockmouth replies that this move would
separate the house from the already existing structures of pool and deck. Squibb requests that the
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patio be constructed of pervious stone or pavers rather than concrete since it is within the 100 -
foot buffer.
Dines moves to close the hearing. Seconded by Squibb. The motion carries 4 -0.
Cont: 43/47A Water Street, DEP #5 -1280 — Beverly Port Marina c/o Jonathan Silver
Jonathan Silver, representing Beverly Port Marina, reports that the DEP file has been issued for
the project. The Commission clarified that the applicant still needs the 25 -50 foot waiver submit-
ted before proceeding. Herbster moves to continue to the October 8, 2019 meeting. Seconded by
Dines. The motion carries 4 -0.
Cont: 63 Lothrop Street — Sanford Freiberg Kelliher
Bob Griffin of Griffin Engineering reports that the applicant is still waiting on the DEP file num-
ber. Dines moves to continue to the October 8, 2019 meeting. Seconded by Herbster. The motion
carries 4 -0.
Cont: 865 Hale Street, DEP #5 -1279 — Kevin & Susan Barry
Kyle Kirk of DeRosa Environmental representing the applicant, relays an update on the proposed
2,400 square foot mitigation, honeysuckle removal, and requests that the Commission issue an
Order of Conditions. Dines moves to close the hearing. Seconded by Squibb. The motion carries
4 -0.
Cont: 1 Water Street, DEP #5 -1277 — Beverly Restaurant Associates LLC c/o Martin A.
Bloom
Scott Cameron of The Morin - Cameron Group describes the plans to demolish the existing build-
ing and parking lot to construct a new restaurant with more parking. Cameron states that the
lower level and parking lot will all be public to enhance visits to the waterfront. A new walkway
will be added to connect to Water Street and a stairway would connect a direct path to the pier.
Cameron describes the drainage system through the low point of the parking lot.
Buchsbaum questions whether the building should be moved closer to the resource, asks what
the materials of the parking lot will be, and requests that the City Engineer review the proposed
drainage system. Buchsbaum also clarifies that a few of the plants on the mitigation plan (hy-
drangeas and honey locusts) are not native, but that they are acceptable since they are non -inva-
sive.
Dan Finn, abutter, requests that the Commission visit the site when the edges of the building are
clearly marked to see the proximity to the bulkhead. Finn also expresses concern about the prac-
ticality of a public parking lot while trying to run a restaurant. He suggests that this will be a con-
flict of interest and that the applicant will likely need to make the parking lot private.
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The Commission schedules a site walk for September 28, 2019 from 8 -9am. Squibb moves to
continue to the October 8, 2019 meeting. Seconded by Herbster. The motion carries 4 -0.
New: 175 Elliott Street - DEP #05 -1281— Mayor Michael Cahill, City of Beverly
Bob Griffin of Griffin Engineering, representing the applicant discusses the proposal to construct
a new Police Station near the Cummings Center. Clean fill will be used to raise the entire site to
comply with flood plain requirements. The storm water drainage system will include four basins
which will collect and treat the water before it enters the city drainage system. Griffin clarifies
that the whole site will be raised, not just the building.
Squibb moves to close 175 Elliot Street. Seconded by Dines. The motion carries 4 -0.
RECONVENE REGULAR MEETING
Herbster moves to reconvene the regular meeting. Seconded by Dines. The motion carries 4 -0.
REQUEST FOR CERTIFICATE COMPLIANCES
Cont: 400 Hale Street, DEP #5 -1070 — Endicott College
Pirrotta states that the applicant requests a continuance of the request. Herbster moves to con-
tinue to October 8, 2019. Seconded by Dines. The motion carries 4 -0.
Cont: 400 Hale Street, DEP #5 -1158 — Endicott College (continued to 10129119)
By request of the applicant, the Commission previously voted to continue the request to the Oc-
tober 29, 2019 meeting.
Cont: 35 Standley Street, DEP #5 -704 — Waring School
Ann McMenemy of Hancock Associates, representing the applicant, requests a test pit be al-
lowed to be dug to allow remaining design work to begin and ultimately bring the project back
into compliance as soon as possible. Dines moves to issue an updated Enforcement Order. Se-
conded by Squibb. The motion passes 4 -0.
Cont: 16 Fosters Point, DEP #5 -819 — Lux Realty North Shore, Henry Pizzo
The commission previously continued the request, on behalf of the applicant, to the October 8,
2019 meeting.
Cont: 9 Kinsman Street, DEP #5 -1222 — MPM Companies, LLC c/o Mike McNiff (contin-
ued to 11/12/19)
The Commission previously continued the request to the November 12, 2019 meeting.
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New: 17 Riverview Street, DEP #5 -1194 — Elizabeth Jones
Elizabeth Jones, requests the Certificate of Compliance because all work has been performed as
authorized the site. Pirrotta reports from her site visit that all is in compliance. Herbster moves to
issue the Certificate of Compliance. Seconded by Dines. The motion carries 4 -0.
New: 10 Sunnyvale Street, DEP #5 -1122 — Scott Tarnowski
Vernon LeBlanc, representative for the applicant, reports that the patio has been increased by
twelve feet, the dry well was moved out of the driveway, and that an additional paver walkway
was added mostly within in the 100 -foot buffer. The Order of Conditions previously required the
applicant to cease mowing within the BVW to allow the area to naturalize. Buchsbaum suggests
holding off issuing the certificate until they can see some regrowth in that area and requests the
applicant send pictures of the growth preceding that date.
Dines moves to continue to the November 12, 2019 meeting. Seconded by Herbster. The motion
carries 4 -0.
OILD/NEW /OTHER BUSINESS
REQUEST FOR MINOR MODIFICATION TO ORDER OF CONDITIONS
New: 19 Kittredte Street, DEP File #5 -1200 — Brian McMahon
Brian McMahon reports the pending removal of two diseased trees, a Norway maple infested
with ants likely to fall on the house and a White Alder leaning towards the High School's athletic
field. The applicant will mitigate with four Birches planted along the riverbank. The Order of
Conditions prohibited tree removal along the brook.
Squibb moves to approve the tree removal and Minor Modification of the Order of Conditions.
Seconded by Herbster. The motion carries 4 -0.
REQUEST FOR EXTENSION TO ORDER OF CONDITIONS
New: 19 Kittredte Street, DEP File #5 -1200 — Brian McMahon
Pirrotta confirms that the existing Order is still valid and applicable for an extension. Brian
McMahon reports on the remaining work to be complete. Dines moves to approve the extension
of the order of conditions for a one year period. Seconded by Herbster. The motion carries 4 -0.
New: 400 Hale Street, DEP File #5 -1197 — Endicott College
Joseph Orzel, representing the applicant, requests an extension to continue the approved treat-
ment and monitoring rather than apply for a new Order of Conditions. Herbster moves to ap-
prove the extension of the Order of Conditions for a one year period. Seconded by Dines. The
motion carries 4 -0.
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ENFORCEMENT ORDERS
Cont: 20, 30 & 40 Webster Avenue, DEP #5 -1237 — PD Development
Bob Griffin of Griffin Engineering, describes that the boulders have been moved, the gravel
driveway will be maintained, and the temporary silt fence will remain until the seed has germi-
nated. The Commission confirms that the gravel surface would continue to provide access to
nearby residence and that the work may proceed, pending an update is provided to the Commis-
sion at the following meeting.
The Commission discusses continuing this to the October 8, 2019 meeting with a revised plan,
but does not vote on the matter.
Cont: 47B Water Street - David Carnevale
By request of the applicant, the Commission continues this to the October 8, 2019 meeting.
Moved by Herbster. Seconded by Dines. The motion carries 4 -0.
Cont: 10 Sunnyvale Street — Shirley Myers /Scott Tarnowski
Pirrotta reports that no actions are required, stating that she investigated the report of a concerned
neighbor and it appears enforcement was not necessary.
TREE REMOVAL REQUESTS
79 Lothrop Street — Pat Danielson
Pirrotta reports her site inspection and observations of the subject tree which is threatened with
vine growth. Buchsbaum suggests adding a space to list the type of tree on tree removal requests.
Dines moves to approve the tree removal. Seconded by Herbster. The motion carries 4 -0.
MINOR PROJECT PERMITS
New: 35 Standley Street — Warin2 School
The Commission received a Minor Project Permit application to dig a test pit in support of
stormwater management system updates for an expired Order of Conditions. The Commission
previously discussed the minor project permit during the above discussion under the Certificate
of Compliance request.
New: 330 Dodae Street — WAM General Contractors, Inc.
Pirrotta reports the applicant submitted a Minor Project Permit application to remove and exist-
ing septic tank out of the buffer area and come into compliance with Title V requirements.
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Herbster moves to approve the minor project for 330 Dodge Street. Seconded by Dines. The mo-
tion carries 4 -0.
CONT: BEVERLY AIRPORT — Airport Solutions Group /Airport Manager
Pirrotta reports setting up a meeting with the airport manager, to discuss the Vegetation Manage-
ment Program. Buchsbaum suggests requesting the airport manager's attendance for the October
8, 2019 meeting if there is something substantial ready for the commission to review.
EXPENDITURE APPROVALS
None were discussed.
OTHER...
Pirrotta announces free training events for Massachusetts Conservation Commissioners in Ips-
wich on September 28, 2019 as well as an annual Fall Conference on October 9, 2019.
The Commissioners give feedback on how Dropbox is working for them. Pirrotta confirms
whether everyone still wants paper copies except that Dines wants everything electronically.
ORDERS OF CONDITIONS
New: 35R Standley Street, DEP #5 -1276 — Waring School
Buchsbaum suggests the conditions of signage to discourage students from using the cut through
and trampling new vegetation, pesticides not used near wetland area, applicant to maintain the
storm water management system, and maintain cleaning drywalls according to manufacturers'
specifications.
Special Conditions included:
1. It shall be the responsibility of the property owner to maintain and clean all the drywells
at least once per year or more frequently if directed by the manufacturers' specifications.
This condition shall run in perpetuity and shall survive the issuance of a Certificate of
Compliance.
2. Prior to the issuance of a Certificate of Compliance, the herbaceous mitigation plantings
shall exhibit at least 75% overall survivorship and the tree mitigation plantings shall ex-
hibit 100% survivorship after two (2) growing seasons post installation. A wetland con-
sultant 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.
3. During establishment of the mitigation plantings, weather- resistant signage shall be in-
stalled at the area of mitigation planting to discourage the trampling of vegetation. The
area shall be monitored and sign placement adjusted as necessary, with proposed loca-
tions of these signs to be reviewed by the Conservation Agent prior to installation.
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4. Once fully established, the mitigation planting area shall be left to naturalize without
pruning, mulching, or other routine landscaping maintenance activities, aside from man-
ual 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.
5. Construction staging/stockpile area as depicted on the approved plan shall be utilized and
protected with appropriate erosion control.
Dines moves to approve the Order of Conditions, under both the Wetlands Protection Act and the
Beverly Wetlands Ordinance. Seconded by Herbster. The motion carries 4 -0.
59 Ober Street, DEP #5 -1278 — 59 Ober Street LLC
Squibb suggests the condition that the material for the patio be pervious pavers as opposed to
concrete. Buchsbaum suggests that the storm water management system be cleaned out once a year.
Pirrotta suggests verification that the erosion control be in place before construction begins.
Dines suggests that if anything more than minor repair is needed in regard to the pool deck, that
the applicant return to commission before proceeding. The commission also agrees on the condi-
tions of the protection of beech tree, disposal of septic waste offsite, the use of organic fertilizer,
and maintaining the cleaning of the dry wells according to manufacturers' specifications.
Special Conditions included:
1. It shall be the responsibility of the property owner to inspect the stormwater system at
least once per year or more frequently if directed by the manufacturers' specifications
and maintain in good working order. This condition shall run in perpetuity and shall sur-
vive the issuance of a Certificate of Compliance.
2. The silt fence erosion control shall be surveyed and installed in the location as shown on
the plans in advance of construction to be inspected by the Conservation Administrator.
3. All demolished materials, excavated soils, or other related debris shall be stored or stock-
piled outside jurisdictional resource and buffer zone areas, if not immediately removed
from the site. Any proposed removal of sediments associated with the septic leaching
field shall be reviewed by the Commission.
4. The concrete pool deck area shall be replaced with pervious pavers and a sketch shall be
submitted to the Commission prior to installation.
Squibb moves to approve the Order of Conditions as discussed under both the Wetlands Protec-
tion Act and the Beverly Wetlands Ordinance. Seconded by Herbster. The motion carries 4 -0.
865 Hale Street, DEP #5 -1279 — Kevin & Susan Barry
Pirrotta suggests standard perpetual conditions and standard conditions be included. Buchsbaum
adds a condition to maintain cleaning dry wells according to manufacturers' specifications, and
to establish erosion control before the project begins.
Special Conditions included:
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1. The restoration plantings shall exhibit 75% survivorship after 2 growing seasons post- in-
stallation. The Commission may withhold the issuance of a complete Certificate of Com-
pliance until survivorship can be verified.
2. It shall be the responsibility of the homeowner to maintain and clean all the drywells at
least once per year or more frequently if directed by the manufacturer. This condition
shall run in perpetuity and shall survive the issuance of a Certificate of Compliance.
3. All demolished materials, excavated soils, or other related debris shall be stored or stock-
piled outside jurisdictional resource and buffer zone areas, if not immediately removed
from the site.
4. Erosion controls shall be established prior to project construction, to be installed down -
gradient of the proposed work, to be inspected by the Conservation Administrator.
Herbster moves to approve the Order of Conditions as discussed, under both the Wetlands Pro-
tection Act and the Beverly Wetlands Ordinance. Seconded by Dines. The motion carries 4 -0.
175 Elliott Street - DEP #05 -1281— Mayor Michael Cahill, City of Beverly
Buchsbaum suggests adding conditions regarding maintaining and cleaning dry wells according
to manufacturers' specifications, the survivorship of the plants, and best practices of dewatering
if necessary. The applicant will be requested to notify Pirrotta on potential dewatering before
proceeding.
Special Conditions included:
1. 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
31 st of each year. This condition shall run in perpetuity beyond the issuance of a Certifi-
cate of Compliance.
2. Only clean fill shall be used on site. Once available, information on the source of the ma-
terial shall be forwarded to the Commission.
3. Should dewatering be required, the Conservation Agent shall be notified and dewatering
specification be submitted to the Commission or its Agent prior to dewatering activities
occurring.
4. As noted in the NOI application, the following mitigation measures shall be adhered to:
(1) Erosion and sedimentation control devices will be installed along the edge of the
down - gradient side of the project area prior to construction as depicted on the site
plan, which will also serve as the limit of work.
(2) Erosion and sedimentation control devices will be inspected daily during periods of
active construction and bi- weekly during the remainder of the construction period.
Sediment shall be removed from the barriers as soon as they reach a depth of 4
inches.
(3) Runoff from the site will be directed through sedimentation control barriers.
(4) During construction, disturbed areas shall be kept to a minimum and vegetative stabi-
lization of these areas will occur as soon as possible.
(5) Temporary seeding, mulching, or other suitable stabilization measures will be used to
protect exposed soils, should they remain exposed for prolonged periods.
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(6) Construction activities shall be monitored on -site by the construction supervisor to
ensure that the soil erosion and sedimentation control features are installed properly,
maintained, and to evaluate the need for additional erosion control and /or stabilization
measures.
Herbster moves to approve the Order of Conditions as discussed, under both the Wetlands Pro-
tection Act and the Beverly Wetlands Ordinance. Seconded by Dines. The motion carries 4 -0.
ADJOURNMENT
Herbster moves to adjourn the meeting at 10:48. Seconded by Dines. The motion carries 4 -0. The
next regular meeting of the Conservation Commission is Tuesday, October 8, 2019 at Beverly
City Hall, 3rd Floor Council Chamber.