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03-26-19 BCC Minutes - FinalCITY OF BEVERLY PUBLIC MEETING MINUTES SUBCOMMITTEE: DATE: BOARD MEMBERS PRESENT BOARD MEMBERS ABSENT: STAFF MEMBERS PRESENT: OTHERS PRESENT: RECORDER: Conservation Commission March 26, 2019 Chair Christine Bertoni, Vice Chair Robert Buchsbaum, David Dines, Rick Grandoni, Stephanie Herbster, Jenna Pirrotta Bill Squibb Amy Maxner, Environmental Planner Jane Dooley Bertoni calls the meeting to order at 7:00 p.m. at Beverly City Hall, Y Floor Council Chamber, Beverly, MA. New: 163 Common Lane - Proposed Conservation Restriction — c/o Maggie Brown, Land Conservation Proiect Manager Essex County Greenbelt Association Maggie Brown of ECGA describes proposed conservation restriction as the result of a donation from landowner (9 acres in the back) at 163 Common Lane. The CR would be held by Greenbelt and the property abuts the City's open space. There is a potential vernal pool in the area which would have to be identified based on evidence (i.e., salamander eggs). This parcel is close to the salamander crossing that will be installed. The property will be managed by the landowner and could be open to the public at the landowner's discretion. Many uses including motorized vehicles are prohibited on the land. The landowner has reserved some rights including to use vehicles on the land. A firewood option and composting of brush piles remains for the landowner. Dines moves to support the Conservation Restriction at 163 Common Lane. Seconded by Buchsbaum. The motion carries 6 -0. 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 Conservation Commission March 26, 2019 Meeting Minutes Page 2 of 7 The Commission had continued this certificate request to its May 29, 2019 meeting. The applicant has to file an RDA to permit non - compliant elements, provide planting mitigation, and remove wood pile. New: 17 Cole Street, DEP File #5 -653 — construct a single- family house and associated appurtenances — Kym Pappathanasi Maxner explains that this request is to clean up outstanding paperwork for one of two Orders that was not acted on and expired. For the second Order a house was built and process completed including issuing Certificate of Compliance. Grandoni moves to issue an invalid Certificate of Compliance for DEP File 95 -653 for 17 Cole Street. Seconded by Dines. The motion carries 6 -0. Recess for Public Hearings Buchsbaum moves to recess for public hearings. Seconded by Grandoni. 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 This was continued to tonight's meeting. Buchsbaum moves to continue to the April 10, 2019 meeting. Seconded by Dines. The motion carries 6 -0. New: 238 Lothrop Street, DEP File #5 -1270 - construct an addition to a single family house and appurtenances - Darren Blyth Maxner reads legal notice. The applicant's representative describes proposal to construct an addition to a single family house and associated appurtenances within the 50 -Foot No Build Zone, mostly within existing footprint of rear section of the house. Also proposed is to construct a deck and install mitigation plantings (425 sf including removal of invasive species by hand and ornamental planting bed as well as a small portion of lawn). The disturbed soil will be replaced with herbaceous and woody species (i.e., black eyed Susan, high bush blueberry). Resource areas consist of bank to intermittent stream and associated bordering vegetated wetland. Discussion addresses if there is any expected impact with addition basement and flood plain water table. The wetlands were flagged in 2018. No trees are slated for removal. Discussion ensues about alternatives and the waiver request. The Commission notes the mitigation and 2 year survival rate for the plants installed by the representative's organization. Site inspection will be done to ensure plants are surviving. Conservation Commission March 26, 2019 Meeting Minutes Page 3 of 7 Grandoni moves to close the hearing. Seconded by Herbster. The motion carries 6 -0 New: 245 & 255 Dodge Street - demolition of an existing indoor /outdoor swimming pool and reconstruction of a new outdoor pool, spa, with associated landscape features - Henry Bertolon Maxner reads legal notice. Bob Griffin representing the applicant describes extensive renovation starting in 2004. The property owner wants to demolish an existing indoor /outdoor swimming pool and construct a new outdoor pool and spa within the same footprint of existing pool with associated landscape features. A corner of the existing pool footprint is within the 50 -Foot No Disturb Zone, with a section of patio being removed from the 50' NBZ. Resource areas consist of bank to Norwood Pond and associated bordering vegetated wetland. Griffin notes that the wetland was flagged on same lines as it had been previously. The new design moves the pool 90 degrees, and the trellis and barbeque are eliminated. A fountain water feature will be added as well as retractable cover and spa. The patio will be removed so the project will be located farther away from the pond than it is currently resulting in less incursion into the 50' NBZ. An additional dry well will be added. As well as drains between the pool and house to alleviate water from ponding. There will be a 250 sf reduction in impervious surface. A failing portion of walkway behind the garage will be fixed being placed on concrete base versus stone dust. Discussion addresses how indoor aspect of existing pool will be finished for new use. There should be no draw down with the new pool. If this is necessary, the pool water could be drained to one of the dry wells. Griffin describes how project access will be from adjacent parcel at 245 Dodge Street and where erosion control (possibly 12 -inch mulch sock versus straw waddles) would be located. A large excavator will be used for demolition of existing pool and there is an area to stockpile removed material. A new plan will be provided for the Commission's file. Herbster moves to close the hearing. Seconded by Buchsbaum. The motion carries 6 -0. Reconvene the Regular Meeting Herbster moves to reconvene the regular meeting. Seconded by Buchsbaum. 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 she has exchanged email with the airport manager who is communicating with Mass DOT aeronautics division who wants to coordinate a hearing with the Commission. Conservation Commission March 26, 2019 Meeting Minutes Page 4 of 7 New: 20, 30, 40 Webster Avenue, DEP File #5 -1237 — Enforcement Order Follow Up — Hickory Hill, LLC c/o Gary Patch The Commission had issued an Enforcement Order for unauthorized use of the cart path requiring cease and desist and filing of a restoration plan. A preliminary plan has been filed that needed additional mitigation and enhanced planting. A request for an amended Order was submitted to allow usage of the cart path for temporary vehicular traffic by the residents that live in the 5- family house and construction personnel. The Commission denied that request. Maxner provided the Commission with the Enforcement Order, initial response plan and plan that accompanied the request for amendment which had a planting schedule (i.e., gray dogwood, 12 replacement trees). Discussion addresses how the trees should be located closer to the wetland at the lower part of the cart path. The erosion control seed mix could be used throughout that can tolerate shade. All imported material on the cart path (i.e., crushed reclaimed asphalt and stone dust) should be removed. Establish a deadline for carrying out restoration. Temporary driveway section of plan will be removed since this is part of the Commission's denial. Discussion ensues about easement and future pathway related to ECGA. The revised plan should be submitted by April 10, 2019. All restoration should be completed by June 7, 2019. Trees would be 3 feet tall and have a 2 year survival rate. Buchsbaum moves to modify the Enforcement Order with new plan and conditions as proposed. Seconded by Herbster. The motion carries 6 -0. New: Planning Board Request for Comments — 53 Williams Street - proposed 2 -Lot Subdivision — MJP Properties Inc. Bob Griffin representing the applicant describes wooded area that is part of Folly Hill plan (less than 2 acres) at the end of Williams Street. There is a dilapidated house at the end of the street. A 1.1 acre parcel on Williams Street has concrete pads on the property (a former slaughter house). A small BVW area drains south towards Elliott Street. The proposal is to create a T- shaped hammerhead turnaround at the end of Williams Street. The land would be divided into two lots for two single family houses. The existing catch basin in front of the property would be piped around for structure work. The land slopes away towards the houses so an infiltration trench would be located at the driveway. There are ledge outcroppings at the site. A retaining wall would be located on the site. A small berm would be installed to catch water. The cross section for the stone channel would not receive a lot of water. The Planning Board and Engineering Department will review the storm water management. Some grading will occur behind houses in 100 foot buffer zone. Conservation Commission March 26, 2019 Meeting Minutes Page 5 of 7 194 Lothrop Street — Mr. and Mrs. Pollard Maxner explains that the original building permit called for interior renovations and second story addition with no footprint changes. The applicants have submitted a request for a Certificate of Occupancy and a site inspection was conducted. Some activities undertaken and unpermitted by the Commission included deck that was constructed and vinyl fence (with 3 inch spacing at bottom) was installed to replace a chain link fence. A driveway had new asphalt replaced. Trash on the site was removed in stream and embankment. Debris at culvert headwall was removed. Mr. Pollard noted that the debris has returned and suggests it should be cleaned every couple of months. He adds that when he bought the property in a foreclosure sale he had to remove a great deal of debris from the culvert (i.e., chairs, picnic tables). The police department does patrol the neighboring Temple property where there is an intermittent stream to address how rubbish is being dumped in area. Discussion addresses when deck was signed off on by the Building Department. The property owner describes when culvert headwall backs up then water gets into his basement. Discussion ensues about specialized equipment that may be required to clean out grate and safety consideration to do work. The Commission will bring the situation to the Public Works Department attention to raise awareness and reach a solution. New: 5 Pilgrim Heights, DEP File #5 -1147 — request for extension to Order of Conditions — David & Amy Dines The Commission received a request for a final 1 -year extension to the Order of Conditions, DEP File 45 -1157, for 5 Pilgrim Heights. The Order, issued in April 2015, governs the construction of a 2 -car detached garage with associated driveway improvements, landscaping, reconstructing and reconfiguring existing elevated walkway, pier and terminal seasonal float. Work to take place within coastal beach, land containing shellfish, 200 -foot riverfront area to the Bass River, and 100 -foot buffer zone. The Commission approved modifications to the Order at its last meeting, which involved installation of a vegetable garden, propane tank, reconstructing a retaining wall and eliminating the pier /float. Herbster moves to approve the 1 -year extension to the Order of Conditions under the state Act and local Ordinance. Seconded by Buchsbaum. The motion carries 5 -0 -1 with Dines recusing himself. New: Review of Minor Project Permits Issued by Agent Maxner reports that no Minor Project Permits were issued. New: Tree Removal Requests: 74 Hart Street — Glen Urquhart School Conservation Commission March 26, 2019 Meeting Minutes Page 6 of 7 Discussion addresses request to remove cedar trees and flush cut stumps with no stump grinding. The wood will be used for a playground on site. Dines moves to approve the tree removal request as described. Seconded by Grandoni. The motion carries 6 -0. Minutes Approval Buchsbaum moves to approve the October 30, 2018 minutes as amended. Seconded by Grandoni. The motion carries 6 -0. Grandoni moves to approve November 6, 2018 minutes as amended. Seconded by Pirrotta. The motion carries 6 -0. Order of Conditions 238 Lothrop Street Discussion ensues about Standard Conditions and the following Special Conditions under the Act and local Ordinance: 1. The project as described does not involve removal of trees, and therefore this Order of Conditions does not authorize such. 2. If dewatering of the excavation areas is required, the use of a sediment filter bag, (also known as Dirt Bags or Filter Pump Bags) shall be employed to capture dewatering and filter out sediments prior to clean water discharge over land. 3. The project wetland scientist or other qualified wetland professional shall execute and oversee the mitigation planting plan in the field. 4. The project wetland scientist or other qualified wetland professional shall execute and oversee the "Aftercare and Maintenance" plan as described in the NOI. Additionally, invasive plant management shall be monitored and included in written report(s). 5. Not less than 4 weather resistant monuments, bearing the following language "Protected Wetland Resource Area - No Disturbance Beyond This Point Per Order of Beverly Conservation Commission" shall be installed equidistant along the landward edge of the restoration planting zone. Said monuments shall be installed such that they are not less than 2 feet and no more than 4 feet above grade to ensure that it is visible in the field. Two of the monuments may consist of appropriate sized boulders. 6. The markers and monuments as described in Special Condition #2 above shall be kept in good repair and replaced as necessary. This condition shall survive in perpetuity beyond the issuance of a Certificate of Compliance. 7. Prior to the issuance of a Certificate of Compliance, the mitigation plantings shall exhibit at least 75% overall survivorship 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 Commission. Conservation Commission March 26, 2019 Meeting Minutes Page 7 of 7 8. Once fully established, the mitigation planting area shall be left to naturalize without pruning, mulching or other routine landscaping maintenance activities, aside from manual 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. Herbster moves to issue an Order of Conditions based on conditions as stated. Seconded by Buchsbaum. The motion carries 6 -0. 245 & 255 Dodge Street Discussion ensues about Standard Conditions and the following Special Conditions under the Act and local Ordinance: 1. Erosion control shall consist of either entrenched staked ham or a minimum of 12" diameter mulch sock (not straw wattle). 2. Areas of construction equipment access shall be prepared with a geotextile fabric over existing ground and then overlaid with crushed stone to keep areas confined and stable and facilitate restoration of same. 3. The project engineer shall confirm whether the "reconstruction of patio and walkway on concrete base" was included in the impervious surface calculations and specifications forwarded to the Commission. 4. The applicant or project engineer shall confirm what type of pool filtration system will be employed and specifications forwarded to the Commission. 5. Per Special Condition 94 above, if a diatomaceous earth/backwash system is to be used, all backwash shall be directed to the drywell. In any case, any /all pool drawdown shall be directed to the drywell and in no circumstances discharged within the buffer zone or wetland resource areas. This condition shall be on -going and survive beyond the issuance of a Certificate of Compliance. Buchsbaum moves to issue an Order of Conditions based on special conditions as stated. Seconded by Dines. The motion carries 6 -0. New: Expenditure Approvals Buchsbaum moves to renew the Ipswich River Watershed Association annual membership at the friend level of $100. Seconded by Dines. The motion carries 6 -0. Adjournment Dines moves to adjourn at 9:30 p.m. Seconded by Herbster. The motion carries 6 -0. The next regular meeting of the Conservation Commission is Wednesday, April 10, 2019 at Beverly City Hall, 3rd Floor Council Chamber.