04-10-19 BCC Minutes - FinalCITY OF BEVERLY
PUBLIC MEETING MINUTES
SUBCOMMITTEE:
DATE:
BOARD MEMBERS PRESENT
BOARD MEMBERS ABSENT:
STAFF MEMBERS PRESENT:
OTHERS PRESENT:
RECORDER:
Conservation Commission
April 10, 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. The
applicant has to file an RDA to permit non - compliant elements, provide planting mitigation, and
remove wood pile.
REQUEST FOR DETERMINATION OF APPLICABILITY
New: 150 Sohier Road - installation of two 95 -foot horizontal groundwater monitoring
wells - Aptim Environmental & Infrastructure, LLC
Maxner reads legal notice. The applicant's representative describes proposal for installation of
two 95 -foot horizontal groundwater monitoring wells at the rear of and underneath Building "B"
on the site. These monitoring wells are part of an on -going remediation of the groundwater from
past contamination of the former Varian Facility that operated on site. Work is to remain outside
the 50' NBZ and 25' NDZ to the bank of a day - lighted section of intermittent stream channel.
Some brush clearing will be done in the NBZ and flush cut. The work should take two weeks to
complete. The 24 -inch concrete boxes will be left on site for each well. This site had a facility
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built in the 1950s and there is active remediation going on now. There is monitoring of
downstream contamination. There is bedrock on the site. A protocol is in place for dealing with
contaminated drill spoils to be removed off site. A fence will be removed and replaced. Maxner
will observe site when erosion control is in place before work begins.
Squibb moves to issue a Negative #3 Determination with the conditions discussed. Seconded by
Herbster. The motion carries 6 -0.
New: 32 Tozer Road - mill and repave parking lot/driveway - Cell Signaling Technology c/o
Peter Mntn
Maxner reads legal notice. Peter Muto speaks to proposal to mill the top 2" asphalt (72,000 sf)
and repave the existing parking lot and driveway(s) and reset existing or some new granite
curbing. Work to take place within the 100 -foot buffer zone to BVW, with some existing
sections of the access driveways falling within the 25' NDZ. No excavation will be done.
Any extracted asphalt will be taken off site for recycling. Erosion control will be located along
side of pavement and within limit of work. Maxner will review erosion control placement before
work begins. There will be no increase in impervious surface. Restriping and signage will be
done after paving is complete. A milling machine and dump truck will be used in tight parking
area. Any disturbed soil will be reseeded with appropriate mix. Equipment will be parked over
night outside of the buffer zone. A spill kit will be located on site. The project is expected to take
slightly longer than a week occurring in mid -May dependent upon weather conditions or
postponed until the fall.
Dines moves to issue a Negative 93 Determination with the conditions as discussed. Seconded
by Squibb. The motion carries 6 -0.
Maxner mentions the Certificates of Compliance with ongoing conditions relative to follow -up
of O &M maintenance activity reports. This has occurred and Mr. Muto will email copies of the
documents to Maxner. Also, the area of restoration planting where there was die off have been
replanted (i.e., sweet pepper bush). Maxner will inspect in May. The parking lot is being swept
twice a year, catch basins and infiltrator are inspected and cleaned when amount of sediment
warrants it.
Recess for Public Hearings
Pirrotta moves to recess for public hearings. Seconded by Herbster. The motion carries 6 -0.
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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
Dines moves to continue to the May 1, 2019 meeting. Seconded by Herbster. The motion carries
6 -0.
Reconvene the Regular Meeting
Dines moves to reconvene the regular meeting. Seconded by Squibb. 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 on her meeting with airport manager and representative from the Mass DOT
aeronautics and airport consultant regarding airport vegetation management program and
unpermitted cutting. These representatives will be coming to an upcoming Conservation
Commission meeting. At that time an explanation on proposed change in methods of managing
vegetation will be presented.
New: 74 Hart Street, DEP File # 5 -1263 — request for Minor Modification to Order of
Conditions — Glen Urquhart School c/o Andrew S. Brown, Trustee
A school parent representing the School speaks to renovation of upper and lower school
playgrounds, work to take place within 100 -Foot Buffer Zone and 200 -foot Riverfront Area. The
School is requesting a modification to the January 2019 Order pursuant to Special Condition 91:
The project as described does not involve removal of trees or significant vegetation, and
therefore this Order of Conditions does not authorize such. The School wishes to remove 2 non-
native Norway Maple trees in close proximity to the zip line where there is root damage and
proposes to replant 1:1 with native 2" caliper replacement trees (i.e., red Maple). The removed
trees will have stumps flush cut.
Squibb moves to allow a Minor Modification for two Norway Maple trees to be removed and
replaced with 2" caliper trees, and a branch above zip line trimmed. Seconded by Herbster. The
motion carries 6 -0.
New: Planning Board - request for comments - Thaxton Road & Grover Street OSRD Site
Plan Review - Hickory Hill Street Realty Trust
Bob Griffin representing the applicant describes access on Thaxton Road and location of
reservoir as well as where intermittent stream runs through 5.9 acre parcel. Three new houses
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and driveways are allowed. On the Wenham side there is an access /egress gate for emergency
vehicles as part of the Angus Circle subdivision. A hybrid plan C will include a 20' access
private way from Thaxton Road with hammerhead turning area, 3.1 acres of open space and
NDZ. There will be less work in NDZ. All storm water will run downhill to catch basins and be
treated as it moves into wetland and into drinking water reservoir. Two 1,000 gallons dry wells
will be installed as well as infiltration basins. The storm water report describes flow before and
after construction.
Waivers to the Planning Board have been submitted regarding roadway requirements. The open
space parcel will possibly be conveyed to the Conservation Commission. If this does not occur
the open space would be conveyed to the homeowners association. Under OSRD 50% of the
parcel has to be NDZ and 50% of buildable land would be open space in this case significantly
more than is required (3.1 acres of open space and NDZ). For the purpose of the subdivision
construction will be out of the buffer zone. Maxner notes that there could be future requests for
people to move into the buffer zone.
The Commission received a comment letter from the OSRC which Maxner read into the record.
It recommends a condition associated with the watershed. The house and driveway footprints on
the plan are currently conceptual but consider wetland constraints. Discussion addresses if a CR
or deed restriction would be used relative to open space conservation. Also proposed was
possibility of expanding no mow area. Tree clearing will occur in the Lot 2 area. Discussion
ensues about a possible comment to Planning Board about limiting edge of clearing which would
be inspected by the Conservation Agent pre - construction and pre - cutting. The 100 ft. buffer
could be clearly delineated with snow fence. Any grading in area would require erosion control.
Trees would be flagged.
Suzanne Sullivan, an abutter to the property, spoke to issue about sump pumps in her basement
and if the subdivision development would cause more water in her basement. Griffin addresses
OSRD regulations and 25 ft. track buffer. He reiterates that runoff will go to catch basins and
into intermittent stream before going into reservoir. The storm water calculations are being
reviewed by the City Engineer. It was noted that the Beverly Conservation Land Trust could
potentially be the holder of the open space.
New: Review of Agenda for April 11, 2019 Public Hearin
Maxner briefs the Commission on details about April 11, 2019 public hearing on the Waring
School land encroachment. Assistant City Solicitor Kevin Corridan will present an introduction.
Comments will be taken from the public. An ECGA representative will attend. Greenbelt has
been communicating with the family that donated the land. Discussion addresses how
conservation land under Article 97 has to be declared surplus to dispose of it. The Commission
will decide whether or not it supports the City going into litigation to amend the charitable trust.
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New: Review of Minor Project Permits Issued by Agent
The Commission addresses Whirling Drive property owner's interest in replacing 10' by 12'
deck with a 12' by 16' deck that would be 35 ft. from edge of marsh. The existing deck is in the
50' NBZ. The Commission notes that this should be an RDA that provides details about new
footers.
Also discussed was 2 Fieldstone Lane where the property owner wants a larger deck at rear of
the house. There is an existing 11' by 11' wooden deck close to the ground. They would like to
extend the deck about 10' parallel with the house on Sonotube footers with gravel under the deck
versus wooden platform. This is within the 50' NBZ. The Commission recommends an RDA.
Also discussed was 13 Meadow Road where the property owner would like to work within the
footprint of timber footings to locate a shed. Excavation would occur so a form could be poured
to place the shed. This is in the 50' NBZ. The Commission recommends an RDA.
New: Ocean River Institute — Discuss invitation to upcoming meeting for presentation
This letter addresses organic lawn care. No decision has been reached yet.
New: Other... Discussion or Action Items Related to Commission Business
Discussion addresses Enforcement Order for 20, 30, 40 Webster Avenue and revised restoration
plan. Maxner notes that the project engineer did a good job meeting requirements from the
Commission. Some equipment is going to be used to remove material from cart path with hand
work done on the sides. Also mentioned was preferred location for planting of dog wood trees,
and need for the Commission to receive paid invoice for seed mix. A request has come in asking
for an extension of June 7, 2019 deadline for completion of restoration plan. The Commission
agreed that the property owner should do the work to meet the original deadline.
New: Expenditure Approvals
Dines moves to pay mileage reimbursement to Amy Maxner $21.60 for carrying out the
Commission's work. Seconded by Herbster. The motion carries 6 -0.
Adjournment
Herbster moves to adjourn at 9:05 p.m. Seconded by Pirrotta. The motion carries 6 -0. The next
regular meeting of the Conservation Commission is Wednesday, May 1, 2019 at Beverly City
Hall, 3rd Floor Council Chamber.