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03-06-19 BCC Minutes - FinalCITY OF BEVERLY PUBLIC MEETING MINUTES BOARD: SUBCOMMITTEE: DATE: BOARD MEMBERS PRESENT BOARD MEMBERS ABSENT: STAFF MEMBERS PRESENT: OTHERS PRESENT: RECORDER: Conservation Commission March 6, 2019 Chair Christine Bertoni, Vice Chair Robert Buchsbaum, David Dines, Stephanie Herbster, Jenna Pirrotta, Bill Squibb Rick Grandoni, Amy Maxner, Environmental Planner Jane Dooley Bertoni calls the meeting to order at 7:00 p.m. at Beverly City Hall, 3r Floor Council Chamber, Beverly, MA. REQUEST FOR CERTIFICATE OF COMPLIANCE Cont: 100 & 102 Hull Street, DEP File #5 -1205 — construct two new single family houses and associated appurtenances — MJP Properties, Inc. c/o Mike Panzero & Susan Purdy The Commission had continued this certificate request to its May 29, 2019 meeting. Cont: 14 Cleveland Rd. (f.k.a. 391R Elliot St.), DEP File #5 -786 — construct a single- family home and associated site 2radin2 and utility work — William & Linda Beard The Commission had continued this certificate request to its May 29, 2019 meeting. New: 25 Trask Street, DEP File # 5 -1140 — construct a new single family house - John Athanasopoulos Bill Manuell representing the applicant speaks to removal of dilapidated house and construction of new house. The Order, issued in January of 2015, governed the construction of a new single family house within the buffer zone to BVW. Manuell notes that ground has been stabilized with lawn and landscaping. He describes the two largest deviations on the approved plan: a doublewide driveway that is paved rather than single wide gravel, the deviation in the buffer zone of impervious surface is 190 sf , and at the back of the house there is a 10 by 28 ft. paver patio with planter strip (not within the 25' NDZ). There is also a propane tank outside of NDZ. Discussion addresses if it is located on a concrete slab. All trash has been cleaned out of wetland Conservation Commission March 6, 2019 Meeting Minutes Page 2 of 9 area. Three NDZ markers are on site (4 ft. wide granite posts). One marker has a sign, and another is located at the former edge of lawn from previous house. Discussion ensues about paver walkway by driveway and where runoff sheds. Also addressed was if mitigation would be proposed. Manuell notes that the deviations from the plan could have been approved if initially included on the plan. There is an additional 500 sf of impervious surface. Discussion addresses about 2 feet of fill that was brought into the site at the grassy area. Snow cover has made it impossible thus far for the Conservation Agent to do a site inspection. Manuell suggests an after fact filing be done to address deviations to original plan. To come into compliance the Commission suggests that mitigation planting could be done. There was discussion about whether or not an Enforcement Order should be issued. Maxner reports on her prior observation of the site where trash was removed and NDZ monuments installed. Herbster moves to deny the Certificate of Compliance and come back with a separate filing (RDA) that includes the deviations (moving posts, address bituminous concrete retaining wall, propane tank) or compliance with proposed mitigation. Seconded by Pirrotta. The motion carries 6 -0. REQUEST FOR DETERMINATION OF APPLICABILITY New: 875 Hale Street — perform various landscaping activities and repave driveway — Benco LLC c/o Ben Carlson Maxner reads the legal notice. The representative for the applicant describes proposed landscaping activities and to repave the existing driveway. Mouth of the driveway will have cobble pavers. No filling or regrading will be required. A proposed patio (clean pea stone and stone slabs) would be located within the footprint of an existing landscape timber retained area, a corner of which is located in the 50' NBZ. Discussion addresses how there would not be space to move the corner out of 50' NBZ. Runoff would go over grass into pea stone trench. This existing house was carved out as part of the OSRD subdivision now known as West Beach Lane. Rough debris in a former planting bed will be removed. The applicant reviewed the planting plan with the Commission (i.e., shrubs, mountain laurel, grasses, lilac, etc.). Discussion addressed analysis done on whether the patio could be taken out of the 50 ft. NBZ. Existing plants will be removed and replaced with new plants. There will be a two -year survival condition for the plants. Existing driveway material will be removed and a pre - construction meeting with the Conservation Agent will include discussion about what new material will be used. Discussion will address using straw waddles as erosion control. Buchsbaum moves to issue Negative 43 Determinations with the conditions as discussed. Seconded by Herbster. The motion carries 6 -0. New: 407 Hale Street — perform exploratory borings within beach alone the seawall — Endicott College c/o Dennis Monaco Conservation Commission March 6, 2019 Meeting Minutes Page 3 of 9 Maxner reads the legal notice. The representative for the applicant describes how the College had three breaches of the 1930s seawall in March 2018. The College is determining whether to replace the field stone wall or do extensive repair to raise it by 3 feet. As part of the project test borings (7 in 5 ft. deep, 2 inch diameter hole) will be done along the beach side of the nearly 800 ft. long stone seawall that runs from and is shared between Endicott's Misselwood building and private residence at 425 Hale Street. These borings will be done to determine quality of bedrock and existing conditions of shoreline infrastructure in advance of designing repairs /reconstruction of said seawall. A future wall will have a wider footing. Boring material will be removed daily. Activity should take less than 5 days. Core samples will be analyzed on site for rock quality. A crane will be mobilized from beach house. The representative notes that the cobble gravel beach in the area has eroded. A spill kit will be located on site. Buchsbaum moves to issue Negative 42 and Negative 43 Determinations with conditions discussed. Seconded by Dines. The motion carries 6 -0. Recess for Public Hearings Herbster 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, DEP File #5 -1245 — extend Livingstone Avenue roadway and construct new single family houses — 7 Porter Terrace, LLC c/o Brian Marks At the request of the applicant, Buchsbaum moves to continue to the March 26, 2019 meeting. Seconded by Dines. The motion carries 6 -0. Cont: 289 Hale Street, DEP File #5 -1268 - disconnect roof drains from the existing City sewer system and provide a new outlet for roof discharge - Endicott College c/o Dennis Monaco The DEP has issued a project number with no comments. The College has supplied a waiver work sheet. Maxner provided a draft set of conditions. Alternative analysis has been done with no feasible alternatives to the project proposal. The location selected will result in the least amount of impact to the stream. Potential special conditions include 1) Prior to any work on the project baseline photographs of the coastal bank area, proposed discharge point and stream side by the tennis court shall be taken and forwarded to the Commission to illustrate existing conditions. 2) Due to very steep profile of the coastal bank at the location of the drain pipe installation the following specific erosion control methods are required: after backfill is complete the area of excavation shall receive loam and be seeded with a native partially shaded area road side mix or equivalent. The seeded area shall be immediately covered with an even, robust layer of straw or biodegradable erosion control blanket to incubate and protect Conservation Commission March 6, 2019 Meeting Minutes Page 4 of 9 seeds from washout. A specifications sheet and paid invoice for the seed mix will be submitted to the Commission or its Agent. 3) Discharge on coastal bank shall be discouraged. Herbster moves to close the hearing. Seconded by Pirrotta. The motion carries 6 -0. Cont: 400 Hale Street, DEP File #5 -1267 - reconstruct an existing walkway and associated 2radin2 appurtenant to construction of the academic building - Endicott College c/o Dennis Monaco The DEP issued a file number with no comments. There was no further discussion or comments. Squibb moves to close the hearing. Seconded by Dines. The motion carries 6 -0. New: 109 -123 Water Street, DEP File #5 -1269 — repair the existing stone -face concrete seawall in various locations — Tuck Point Condominium Trust c/o John Hamilton Maxner reads the legal notice. The representative for the applicant, Curtis Cheney of Collins Engineers Inc, explains that site has 890 ft. of seawall which is largely behind timber pier. The wall is located in timber piles and a concrete pile cap. There is stone (granite) masonry and concrete facing at the base of the wall which was mortared together in 1913. The mortar has deteriorated with the wave action of harbor water which has moved behind stones in the wall. The proposal is to perform repairs to the existing stone -face concrete seawall in various locations, mainly consisting of filling /repairing voids and footing repair, and installing one area of protective steel sheeting at the easterly corner of the wall. It appears that the work will remain within the confines of the existing Chapter 91 license. There is no intention to touch the upland areas. The wall is completely exposed at low tide. Although some work higher on the wall would be done from a barge during higher tides. Environmental temperature is not an issue to do the work which is likely to begin in the fall. Discussion addresses storm water management including that catch basins on site should be cleared out, and that gutters should be installed on buildings directly behind the wall. If concrete backing is re- established runoff should be directed to the drainage system. There is recommendation for an engineer to observe the wall every two years and hire a masonry contractor, if necessary. From the audience, an abutter inquired about length of current Army Corps permit. Construction is estimated to take two to three months. An email from Division of Marine Fisheries was sent to Maxner stating that there are no resource area concerns with the proposed project. Buchsbaum moves to close the hearing. Seconded by Herbster. The motion carries 6 -0. New: 20,30 & 40 Webster Avenue (a.k.a. Hickory Hill Way) — grade and widen existing cart path to accommodate temporary residential and construction vehicular access during construction of Hickory Hill Way subdivision roadway — Hickory Hill. LLC c/o Gary Patch Conservation Commission March 6, 2019 Meeting Minutes Page 5 of 9 Maxner reads the legal notice. Bob Griffin representing the applicant speaks to proposal to grade and widen existing cart path to accommodate temporary residential and construction vehicular access during construction of Hickory Hill Way subdivision roadway. He describes details associated with construction and notes that a temporary use of cart path is safer for residents and contractor and would allow construction to be done simultaneously to traffic going in and out of the site. Griffin notes what construction would occur in the resource area. He also provides details on ECGA's abutting land in the area relative to restoration and future removal of gravel where area would be loamed and seeded. Some small trees would be planted in the area. Discussion addresses existing access and when road would be closed down while blasting occurs associated with the construction. Maxner had provided photographs of the area before the violation occurred and after erosion control was put in place to give the Commission perspective. Bertoni recommends that use of existing roadway and construction site be managed rather than introducing use of the cart path. Discussion ensues about the property owner's interest in renovating existing multi - family houses. Griffin emphasizes that the cart path would no longer exist after the construction is completed. 49 Webster Avenue resident mentions that parking is occurring in front of her house which is a new development. She explains how the cart path has always been used as a pathway not for vehicle travel. Another resident questions what the intended result is regarding the cart path (i.e., planting of dog wood trees). A third resident speaks to how the construction should not be impacting the neighborhood and how the cart path layout is not conducive to vehicle travel especially public safety trucks. Also from 8 Webster Avenue, a resident notes that trucks that service the residences up the hill are not currently using the path. Maxner reads letter from Jonathan Salt of Webster Avenue stating that the cart path should remain as is and another resident expressed in writing concern about the contractor's widening of the path as well as encouraging the City to ask contractor to provide mitigation. Discussion ensues about how hay bales would be placed along the cart path throughout the year. Buchsbaum moves to close the hearing. Seconded by Dines. The motion carries 6 -0. Reconvene the Regular Meeting Dines moves to reconvene the regular meeting. Seconded by Pirrotta. The motion carries 6 -0. OLD/NEW /OTHER BUSINESS Cont: Beverly Airport — update on Airport Vegetation Management Program — Airport Solutions Group /Airport Manager Maxner reports that the airport manager will be meeting with Mass DOT about the vegetation management plan. Discussion addresses how next step for the Commission could be enforcement associated with cutting that happened at the site. New: 5 Pilgrim Heights, DEP File #5- 1157 — request for Minor Modification to Order of Conditions — David & Amy Dines Conservation Commission March 6, 2019 Meeting Minutes Page 6 of 9 Dines reports on details of project and how garage, pathway and some retaining walls have been completed. He suggests that due to budget constraints the scope of the total project would be reduced (no longer adding dock). A raised bed vegetable garden would be added where there is currently lawn. A propane tank has been added in regard to replacing oil heating system for the house. Dines expresses interest in filing for an Extension to the Order. Buchsbaum moves to approve the three Minor Modifications that were specified. Seconded by Herbster. The motion carries 5 -0 -1 with Dines recusing himself. New: Standley Street — Map 58 Lot 1A Review Wetland Mapping Maxner provides details on proposed one acre area for community gardens. The wetland line was identified by Rimmer Environmental including mean high water indicators. City staff did GPS mapping of all wetland flags. Discussion ensues about how open meadow remains in the open space. The Commission notes that it is not practical for the community garden to be completely out of its jurisdictional areas. There was reiteration of prior discussion about managing fringe overgrowth to prevent shadowing in community garden area. The community garden group will be given parameters based on map along with guidance from Maxner to present a proposal to the Commission. New: Review of Minor Proiect Permits Issued by Agent Maxner reports that no Minor Project Permits were issued. New: Tree Removal Requests: 5 Wadsworth Place —Peter Honkanen The request is for removal of 6 trees: 4 red oaks, 1 white oak, and 1 red maple. Discussion addresses how oak trees are at a steep slope. Stumps will be flush cut and crane will be operated within the cul -de -sac. The trees have been dropping large limbs including on a parked car. Maxner reports that the trees are 70 ft. or more away from wetland. She adds that there should not be a lot of impact on the buffer zone. Dines moves to approve the tree removal request as described. Seconded by Squibb. The motion carries 6 -0. New: Expenditure Approvals Dines moves to reimburse the Conservation Agent for $25.20 for site visits and mileage. Seconded by Herbster. The motion carries 6 -0. Buchsbaum moves to renew the Ipswich River Watershed Association annual membership at the friend level of $100. Seconded by Squibb. The motion carries 6 -0. Conservation Commission March 6, 2019 Meeting Minutes Page 7 of 9 New: Other The Commission schedules a meeting on Thursday, April 4, 2019 at 7:00 p.m. to discuss the Waring School encroachment. Order of Conditions 20, 30 & 40 Webster Avenue Findings included the applicant did not consider all available or feasible options for managing residential traffic and that alteration would occur as close as 5 feet from the edge of wetland. Discussion addresses how there are other possibilities for safe access on the site versus the cart path for the residents and the construction crew. The wetland is within the 25' NDZ and 50' NBZ. The Commission notes that there are alternatives which have been approved. Buchsbaum moves to deny the request for the amendment based on findings as discussed. Seconded by Herbster. The motion carries 6 -0. The Enforcement Order will be put on the next agenda to revise the deadline associated with the restoration plan. 289 Hale Street Discussion ensues about Standard Conditions and the following Special Conditions under the Act and local Ordinance: 1. Prior to any work on this project, base line photographs of the coastal bank, area of proposed discharge point and stream -side of the tennis court shall be taken and forwarded to the Conservation Commission. 2. Due to the very steep profile of the coastal bank at the location of drain pipe installation, the following specific erosion control methods are required: after backfill is complete the area of excavation shall receive loam, and be seeded with "Ernst NATIVE Partially Shaded Area Roadside Mix" or equivalent. Seeded areas shall be immediately covered with an even robust layer of straw or biodegradable erosion control blanket to incubate and protect seeds from washout. A spec sheet and paid invoice for this seed mix shall be submitted to the Commission or its Agent for its record. 3. After completion of the drain pipe installation and once it is functioning, the areas of level spreader discharge point and the stream -side of the tennis court shall be monitored after storm events in which 1 /2" of precipitation occurs. Said areas shall be photographed and forwarded to the Commission. This monitoring shall be carried out not less than 1 year post install. 4. If the Van Loan School Building is ever partially or entirely demolished, the roof drain outlet configuration allowed under this Order of Conditions shall not be considered as a viable option for continuing use under any redevelopment scenario. This condition is on- going and shall survive beyond the issuance of a Certificate of Compliance. Conservation Commission March 6, 2019 Meeting Minutes Page 8 of 9 Buchsbaum moves to issue an Order of Conditions as stated. Seconded by Dines. The motion carries 6 -0. 400 Hale Street Discussion ensues about Standard Conditions. No special conditions were included and the standard perpetual conditions were included under both the Act and local Ordinance: Buchsbaum moves to issue an Order of Conditions as stated. Seconded by Dines. The motion carries 6 -0. 109 -123 Water Street Discussion ensues about Standard Conditions and the following Special Conditions under the Act and local Ordinance: 1. Prior to work commencing, a debris boom shall be installed to envelop in -water work. 2. As indicated by the applicant's representative during the public hearing, work shall be performed from a barge to be floated in at high tide, and shall remaining floating (in approximately 10 feet of water) during all phases of the tide cycle due to drop off in topography of land under the ocean just seaward of the seawall face. 3. The barge shall be equipped with a spill kit, photographic proof of which shall be provided to the Conservation Agent. 4. Operation of heavy equipment on coastal beach /mud flats is prohibited under this Order of Conditions. Manual labor and foot traffic is allowed. 5. The proposed sheet pile shall be vibrated into place, not jetted. 6. All concrete shall be strictly contained and not allowed to spill into ocean, onto mud flats or buffer zone. 7. The applicant shall have a qualified service to clean and inspect all of the catch basins located on the condominium complex site. The bill of lading and /or inspection report shall be submitted to the Conservation Commission upon availability. The Commission shall withhold issuing a Certificate of Compliance until this condition is met. 8. The applicant shall have a qualified service to inspect stormwater pipe system located on the condominium complex site to ensure its integrity, and identify any cracks/breaks in the system that need addressing. An inspection report shall be submitted to the Conservation Commission upon availability. The Commission shall withhold issuing a Certificate of Compliance until this condition is met. 9. The applicant shall, where feasible, install gutters to capture roof runoff and direct it (to stormwater system) so as to reduce overland runoff that has potential to cause erosion at lawn/seawall intersections. The Commission shall withhold issuing a Certificate of Compliance until this condition is met. 10. The seawall shall be inspected by a qualified professional at least every 5 years to ensure its continued integrity. The inspection report shall be submitted to the Conservation Commission upon availability. This condition is on -going beyond the issuance of a Certificate of Compliance. Conservation Commission March 6, 2019 Meeting Minutes Page 9 of 9 Buchsbaum moves to issue an Order of Conditions as stated. Seconded by Herbster. The motion carries 6 -0. Minutes Approval Buchsbaum moves to approve the June 26, 2018 minutes as amended. Seconded by Herbster. The motion carries 6 -0. Herbster moves to approve August 7, 2018 minutes as amended. Seconded by Buchsbaum. The motion carries 5 -0 -1 with Dines abstaining since he did not attend the meeting. Adjournment Herbster moves to adjourn at 10:30 p.m. Seconded by Dines. The motion carries 6 -0. The next regular meeting of the Conservation Commission is Tuesday, March 26, 2019 at Beverly City Hall, 3rd Floor Council Chamber.