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11-12-2019 Con Com Minutes - FINALConservation Commission November 12, 2019 Meeting Minutes Page 1 of 5 CITY OF BEVERLY PUBLIC MEETING MINUTES BOARD OR COMMISSION: Conservation Commission SUBCOMMITTEE: DATE: November 12, 2019 LOCATION: City of Beverly, Council Chamber 3rd floor MEMBERS PRESENT: Chair Christine Bertoni, Vice Chair Robert Buchsbaum Stephanie Herbster, David Dines, Bill Squibb, Rick Grandoni MEMBERS ABSENT: STAFF PRESENT: Jenna Pirrotta, Environmental Planner OTHERS PRESENT: RECORDER: Sarah Scott - Nelson Bertoni calls the meeting to order at 7:03 p.m. in the 3rd floor Council Chamber in City Hall. APPROVAL OF MINUTES October 8, 2019 The Commission reviews the draft minutes and offers edits. Herbster moves to approve October 8, 2019 minutes as amended. Seconded by Dines. The motion carries 6 -0. REQUEST FOR DETERMINATION OF APPLICABILITY New: 675E Hale Street — Laura Gibson Pirrotta reads the legal notice. Lolly Gibson, representing the applicant, reports plans for mainte- nance of the existing revetment. This will repair a year's worth of damage which escalated dur- ing storm in late October 2019, moving some boulders which will need to be relocated. The boulders will be moved with the same equipment used after storm Riley, going onto the beach at low tide. Bertoni suggests including a description of work and similar special conditions as provided in the earlier Order of Conditions, as well as possibly including a sign for pedestrians to stay off beach grass planting areas. Buchsbaum moves to issue a Negative 2 and Negative 3 Determination. Seconded by Squibb. The motion carries 6 -0. RECESS FOR PUBLIC HEARINGS Dines moves to recess for public hearings. Seconded by Grandoni. The motion carries 6 -0. New: 44 River Street, DEP #5 -1286 — Massachusetts Electric Company d /b /a National Grid c/o Jesse Edmands Conservation Commission November 12, 2019 Meeting Minutes Page 2 of 5 Pirrotta reads the legal notice. Billie -Jo Gauley of Anchor QEA, representing the applicant, ex- plains the project which includes mechanical remediation dredging of a three acre area in the Bass River. The work would include debris removal and removal of the cap previously placed for earlier remediation efforts. The removed material would be processed off -site in New Jersey before being properly disposed of. Gauley reports that the applicant submitted an Environmental Notification Form and is hoping to receive a certificate soon. Grandoni seeks clarification on when the city will be dredging relative to the National Grid work. Gauley explains that they will be dredging in the area surrounding the National Grid dredge site. Gauley clarifies that the cap was successful, but was intended to be temporary. Gauley also clarifies that the city's material can be taken off -shore for disposal but that the Na- tional Grid material must be taken off -site for on land treatment and disposal due to the contami- nants. Herbster seeks clarification on whether dredge depth will need to be increased during the process to remove all the impacted material. Gauley explains that National Grid makes efforts to take comprehensive samples preemptively and will take confirmatory samples afterward if needed. Buchsbaum seeks clarification on whether and how quickly the sea life will recolonize. Bertoni requests that the consultant send the information Gauley described on benthic re- colonization to the Commission. Charley Mann, abutter, asks for clarification on the meaning of the purple area on the plan. Kevin Gasman, abutter on River Street, expresses concern about the hills and valleys left be- tween the two projects by National Grid and the city dredge project. Gasman would like to see a unified project for better and cleaner results. Gauley explains the complexity of coordination and negotiation with the city. George Olsen, with National Grid explains that negotiation with the city is essentially done in that National Grid will complete their work and then the city will come in and finish. Don Newman contributes that the principle person in the city coordinating this is Mike Collins in response to Bertoni's question. Buchsbaum requests sketches of techniques used in dredging. Pirrotta will provide a list of topics that the Commission has question on for discussion at a following meeting. Squibb moves to continue to the December 10, 2019 meeting. Seconded by Buchsbaum. The motion carries 6 -0. New: 12 -16 Congress Street, DEP #5 -947 — 10 Congress Street Owner, LLC c/o Procopio Companies Pirrotta reads the legal notice. Chris Broyles of Meridian Associates, representing the applicant, details a variety of minor project changes. These changes include the addition of a porous patio that was previously grass, minor grading changes, revisions to the walkways around the build- ings due to site conditions, a basement added to Building B, concrete dumpster location moved slightly, updates further defining the landscape plan with trees added, and additional crosswalks and wheelchair ramps. Conservation Commission November 12, 2019 Meeting Minutes Page 3 of 5 Buchsbaum seeks clarification on the date of the plans. Broyles clarifies that the plans reference the 2015 Order of Conditions with new additions. Bertoni requests that the 50 foot no -build zone be reflected in the plans. Bertoni explains that it appears that there are no further extensions available for this project which would complicate the modification request. The applicant must decide if the request is worth continuing, in light of the expiration date because all work would need to be finished before that date. If work cannot be finished, the applicant should close and resubmit as a new NOI. Bertoni raises concerns about the infiltration of the pavement and flooding. Broyles explains the choice of asphalt and agrees to provide the Commission with more information about compensa- tory flood storage. Bertoni requests verification that the soils are fine for adding a basement to Building B. Miss Marcy, neighbor to the applicant, asks about the completion of the seawall. Bryan Vitale, of Procopio Companies assisting with the project, reports that footings are in the ground for the building, the recent storm further damaged the wall, and the applicant is waiting on pricing and further plans but repairing the wall is a priority. Paul Bronze, abutter to the applicant, seeks and receives clarification that the basement addition is only to Building B and no elevation changes and no location change. Bronze also raises some concerns about ownership and erosion control. Another neighbor expresses her concern that the agreement was that the seawall be replaced before construction began. Matt Cheflan, neighbor to the property, expresses concern about the erosion and dust blowing onto his property due to strong winds. Bryan Vitale responds that they are going to binder the parking lots which will minimize the dust and are watering to minimize the dust. The Commission plans a site visit for November 16, 2019 at 8:00 a.m. Broyles will provide an official colored plan to the Commission before the site visit. Bryan Vitale will verify with the owner whether the site visit will be open to the public. Squibb moves to continue to the December 10, 2019 meeting. Seconded by Dines. The motion carries 6 -0. RECONVENE REGULAR MEETING Squibb moves to reconvene the regular meeting. Seconded by Dines. The motion carries 6 -0. REQUEST FOR DETERNUNATION OF APPLICABILITY & ENFORCEMENT OR- DER New: 50 Dunham Road — Dunham Ridge, LLC Miranda Gooding of Glovsky & Glovsky Inc, representing the applicant, explains the history of the project site and the plans to create a materials storage area, specifying that the Request for Conservation Commission November 12, 2019 Meeting Minutes Page 4 of 5 Determination of Applicability was filed prior to the Enforcement Order. Gooding details that the RDA was filed so that a quantity of fill can be moved and better contained. Gooding explains that the premature filling, discussed in the Enforcement Order, was unintentional, and construc- tion was not supposed to advance before the Commission's approval. The applicant quickly in- stalled erosion control, the applicant's General Council outlines the steps that would be taken in compliance with the Enforcement Order, and the property was re- flagged and inspected. Gooding reports that all work has ceased in response to the Enforcement Order and adds that ma- terials provided for the enforcement order address the RDA as well. Dennis Clarke, CEO of the Cummings Properties, explains that there are two options for the un- natural fill, either to remove it or to cover over it, as the area would eventually be landscaping. Buchsbaum and Herbster express the desire for the unnatural fill to be removed from the buffer. Clarke explains the natural barrier of a berm between the fill and the resource area. The Commis- sion will further explore this on the site visit. Gooding expresses the applicant's desire to cooperate with the Commission's desire for better communication of intentions before actions are taken. The applicant requests permission from the Commission to move the fill immediately, in order to allow the City's Cummings Center pro- ject to continue. Clarke expresses the applicant's desire to maintain a good relationship with the Commission, as they have over the years. Herbster requests data for the soil which is proposed to be placed in the materials storage area. Bertoni requests clarification on the applicant's meaning of re- flagging. Clarke clarifies that they mean relocating the pre- existing flags and re- marking them, rather than setting up new flags in new locations. The Commission schedules a site visit for November 16, 2019 at 9 a.m. Dines moves to continue the RDA to the December 10, 2019 meeting. Seconded by Herbster. The motion carries 6 -0. REQUEST FOR CERTIFICATE COMPLIANCES Cont: 400 Hale Street, DEP #5 -1070 Endicott College At the request of the applicant, Herbster moves to continue to the December 10, 2019 meeting. Seconded by Dines. The motion carries 6 -0. Cont: 35 Standley Street, DEP #5 -704 - Warin2 School At the request of the applicant, Dines moves to continue to the December 10, 2019 meeting. Se- conded by Herbster. The motion carries 6 -0. Cont: 16 Fosters Point, DEP #5 -819 — Lux Realty North Shore, Henry Pizzo This request was previously continued to the December 10, 2019 meeting, at the request of the applicant. Cont: 9 Kinsman Street, DEP #5 -1222 — MPM Companies, LLC Conservation Commission November 12, 2019 Meeting Minutes Page 5 of 5 At the request of the applicant, to allow an area to regrow in the spring, Buchsbaum moves to continue to the June 20, 2020 meeting. Seconded by Herbster. The motion carries 6 -0. Cont: 10 Sunnyvale Street, DEP #5 -1122 — Scott Tarnowski The applicant or a representative did not appear relative to this request. Buchsbaum moves to continue to the December 10, 2019 meeting. Seconded by Dines. The motion carries 6 -0. OILD/NEW /OTHER BUSINESS REQUEST FOR EXTENSION TO ORDER OF CONDITIONS New: 476 Essex Street, DEP #5 -1204 — Glenn Gourdeau The Commission discussed the subject project relative to which work was completed and what remains. Dines moves to issue a one -year extension under the Wetland Protection Act and Bev- erly Wetlands Ordinance. Seconded by Herbster. The motion carries 6 -0. OTHER... Pirrotta reports a recent email from MA DOT Aeronautics Division with detailed page numbers from the Vegetation Management Plan. The Commission will review this information to see what the email means for the project. Pirrotta reports public interest in creating a new trail to connect a soccer area with the existing trail at Sally Milligan Park. The Commission discusses the feasibility of this, given the presence of wetlands and stream crossings in the park, and expresses concerns about trail maintenance. 10 Tall Tree Drive Pirrotta describes a recent report of work occurring including construction of deck in close prox- imity to wetlands resources. Per a DEP Superseding Order of Conditions, construction is not al- lowed on this property. Pirrotta will stop by to take some photos and issue a cease and desist en- forcement order. ADJOURNMENT Grandoni moves to adjourn at 10:25 p.m. Seconded by Herbster. The motion carries 6 -0. The next regular meeting of the Conservation Commission is Tuesday, December 10, 2019 at Bev- erly City Hall, 3rd Floor Council Chamber.