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02-06-19 BCC Minutes - FinalCITY OF BEVERLY PUBLIC MEETING MINUTES SUBCOMMITTEE: DATE: BOARD MEMBERS PRESENT BOARD MEMBERS ABSENT: STAFF MEMBERS PRESENT: OTHERS PRESENT: RECORDER: Conservation Commission February 6, 2019 Chair Christine Bertoni, Vice Chair Robert Buchsbaum, Stephanie Herbster, Jenna Pirrotta, Bill Squibb David Dines, 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. New: Eagle Scout Proiect Proposal — reconstruct footbridte at Norwood Pond trail — Kyle Gallucci Eagle Scout Kyle Gallucci describes his interest in reconstructing a 10 foot footbridge at Norwood Pond trail using 4" by 4" and 2" by 4" lumber. He would not be digging but resting planks on supporting lumber. The bridges would be rebuilt offsite, transported by truck, and two groups of Scouts would walk them into the site. Work would hopefully be done in early May dependent upon weather. This is an improvement and would not require a permit. 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. Conservation Commission February 6, 2019 Meeting Minutes Page 2 of 9 New: 11 Quincy Park, DEP File #5 -1173 — construct a quarry stone revetment - Patricia Brandes New: 6 Quincy Park, DEP File #5 -1172 — Paul Earl New: 3 Wilson Avenue, DEP File 45 -1069 — John Mullen Bob Griffin representing the applicants speaks to the construction of quarry stone revetment at 6 and 11 Quincy Park and 3 Wilson Avenue in 2017. He reports that photographs were taken that indicate that the wall is not moving and the rocks are stable. Grout was injected at 6 and 11 Quincy Park and it appears to be stable. Griffin and Maxner took notes on the amount of grout and location of injections. Special condition #4 of modification addresses grout work as part of project. Three foot stones were used for the work. Buchsbaum moves to issue a Certificate of Compliance for 11 Quincy Park with the special conditions named. Seconded by Squibb. The motion carries 5 -0. Buchsbaum moves to issue a Certificate of Compliance for 6 Quincy Park with the special conditions named. Seconded by Squibb. The motion carries 5 -0. Buchsbaum moves to issue a Certificate of Compliance for 3 Wilson Avenue with the special conditions named. Seconded by Squibb. The motion carries 5 -0. REQUEST FOR DETERMINATION OF APPLICABILITY New: 46 River Street - remove wooden wharf /pier and perform pedestrian walkway improvements - MA Electric Company / Boston Gas Company d /b /a National Grid Maxner reads the legal notice. The National Grid representatives referred to the modified and consolidated Chapter 91 license that requires removal of the existing wooden wharf /pier (piles will be cut flush at mud line) and perform pedestrian walkway improvements (i.e., add guard rail versus Jersey barriers). The intent is that work will be done by March 15, 2019. Discussion ensues about how chain link fence would be lowered. Turbidity equipment will be set at high tide. No equipment used on the beach. Disturbed areas will be restored with plantings. Invasive species will be monitored. Buchsbaum moves to issue Negative #2 and Negative #3 Determinations with the conditions as discussed. Seconded by Squibb. The motion carries 5 -0. New: 54 Oak Street/142 &150 Valley Street — remove damaged, diseased and hazardous Norway Maple trees - Sunfield Condominium Trust c/o Michael Milsom Conservation Commission February 6, 2019 Meeting Minutes Page 3 of 9 Maxner reads the legal notice. Michael Milsom describes proposal to have arborist John Perry remove 20 damaged, diseased and hazardous Norway maple trees that are within buffer zone to an intermittent stream, and bordering vegetated wetland. There is an intermittent stream (this channel will be traversed) and fringe BVW. Hand climbing and hand work will be done. A landing area at 150 Valley Street will be used for removed material (taken out with gravel machine on tracks). One trail in and out will be used. The arborist notes that the canopy has been compromised and about 20% would be removed. Discussion ensues about possibility of leaving any damaged trees and area in natural state for wildlife habitat. The stumps could be left at varying heights with some flush cut. Work will be done while the ground is hard. Erosion control will be used and location determined at preconstruction meeting. Pirrotta moves to issue Negative 92 and Negative 93 Determinations with conditions discussed. Seconded by Herbster. The motion carries 5 -0. Recess for Public Hearings Squibb moves to recess for public hearings. Seconded by Herbster. The motion carries 5 -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 6, 2019 meeting. Seconded by Squibb. The motion carries 5 -0. New: 12 Meadow Road, DEP File #5 -1266 — perform landscape improvements - Joe Wadlinger Maxner reads legal notice. The applicant's representative Maura Robinson describes proposal to perform landscape improvements that include removal of invasive species within a wetland, replanting with native species (i.e. sweet fern gray dogwood, winterberry), install a 200 square foot paver patio, vegetable garden and other landscape related work. A mulched landscape bed would be removed. Aesthetic work (possibly stone veneer) would be done on a concrete retaining wall. Discussion addresses how fill was added to the site in the 1970s. A mini - excavator would be used to remove whole plants. A maintenance plan will be provided to the homeowner. Natural field stone will be placed in the slope by hand. Herbster moves to close the hearing. Seconded by Pirrotta. The motion carries 5 -0. New: 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 Maxner reads legal notice. The applicant's representative, Charlie Wear, describes how the college proposes to disconnect roof drains from the existing City sewer system and provide a Conservation Commission February 6, 2019 Meeting Minutes Page 4 of 9 new outlet for roof discharge to be located between the paved access drive and tennis courts away from stream using crushed stone. He notes that a temporary cut in a bank which will be backfilled may be necessary for this project. Wear explains that a backhoe would be used to dig trench for the pipe. No trees are expected to be removed. Discussion addresses how a waiver request needs to be submitted. Intent is to start work in mid - March. Pirrotta moves to continue the hearing until the March 6, 2019 meeting. Seconded by Herbster. The motion carries 5 -0. New: 400 Hale Street, DEP File #5 -1267 - reconstruct an existing walkway and associated grading appurtenant to construction of the academic building - Endicott College c/o Dennis Monaco Maxner reads legal notice. Charlie Wear representing the College which proposes to reconstruct an existing walkway and associated grading appurtenant to construction of an academic building — the building is outside the 100 -foot buffer zone to bank of College pond. The walkway work is within the buffer zone, within the 50' NBZ, but outside the 25' NDZ. Wear notes impact of ADA compliance and access by fire department. Storm water analysis was done. An infiltration system is proposed related to new building. The City engineer has reviewed the proposal for compliance with storm water standards. Erosion control is proposed for 40 feet by BVW. Some grading will occur as part of project with 3,000 square feet of impact in buffer zone. Pirrotta moves to continue the hearing until the March 6, 2019 meeting. Seconded by Herbster. The motion carries 5 -0. New: 16 Bay View Ave., DEP File #5 -1141 - request to amend Order of Conditions per Enforcement Order - Thomas Doherty Maxner reads legal notice. Bob Griffin representing the applicant speaks to request to amend Order of Conditions for 16 Bayview Avenue with original plan updated to include patio, fire pit and landscaping at coastal bank. The landscaper has provided an inventory of what plants currently exist at the site. A planting schedule (2 -year survivorship) and Operation and Maintenance plan for pruning (biannual — spring and fall) were provided. Discussion addresses if non - native, invasive plants are going to be removed. This Order is extended until January 25, 2020. Maxner reports on comment from Mr. Doherty's neighbor Paul Herrick stating his support of the project. Buchsbaum moves to close the hearing. Seconded by Pirrotta. The motion carries 5 -0. Old /New Business The Commission took up this agenda item in consideration of Mr. Griffin's time. New: 20,30 & 40 Webster Avenue, DEP File #5 -1237 - Enforcement Order follow up update - Gary Patch Mr. Patch had expressed interest in submitting a request for an amendment regarding his proposed use of cart path for resident traffic. Bob Griffin representing the applicant explained Conservation Commission February 6, 2019 Meeting Minutes Page 5 of 9 that this proposal is to allow the construction to proceed at a faster rate. The cart path is in an open space No Disturb Zone so a public hearing will have to be held and review also done by the Planning Board due to OSRD. Mr. Griffin said his intent is to have this amendment request ready for the Commission's March meeting. Reconvene the Regular Meeting Herbster moves to reconvene the regular meeting. Seconded by Pirrotta. The motion carries 5 -0. OLD/NEW /OTHER BUSINESS Cont: Beverly Airport — update on Airport Vegetation Management Program — Airport Solutions Group /Airport Manager Maxner reports that she has met the airport manager who will come in and meet with the Commission. New: Review of Minor Project Permits Issued by Agent Maxner reports that no Minor Project Permits were issued. New: Tree Removal Requests: 4 Chanticleer Drive - J.D. LaRock Discussion addresses how stumps will be flush cut with no grinding. A small pile of brush in a corner near wetland will be removed. A Norway maple near shed will be removed as well as black locust near house. All material removed will be taken off site as well as brush debris. Also discussed was a request from National Grid to remove some trees on LP Henderson Road. Maxner reports that she doesn't see any issues with the plan but suggests if trees could be cut high this would provide wildlife habitat. New: Expenditure Approvals Discussion ensues about the Commission's interest is speaking to Director of Planning and Community Development Aaron Clausen about the amount of the Conservation Agent's annual stipend and possible increase. Buchsbaum moves to approve the Conservation Agent's annual stipend of $6,000. Seconded by Herbster. The motion carries 5 -0. Order of Conditions 12 Meadow Road The applicant has requested a waiver since work is in the 25 ft. No Disturb Zone. The Commission specifies that more data should be provided regarding alternatives (i.e., removal of shed). Conservation Commission February 6, 2019 Meeting Minutes Page 6 of 9 Discussion ensues about Standard Conditions and the following Special Conditions under the Act and local Ordinance: I . Prior to implementation in the field, a written protocol shall be submitted to the Conservation Agent which details the means and methods of invasive species removal, native re- planting area preparation and follow up monitoring for managing reemerging invasive plants and care for planted native species. If the use of herbicides is proposed, the applicant shall prepare and submit to the Commission for its review and approval a protocol, means and methods for application and target species list. Said protocol(s) shall be reviewed by the Conservation Agent in coordination with the Commission Chair and Vice Chair. 2. The applicant is allowed the option of phasing the invasive species removal and native replanting over multiple growing seasons if the landscape architect/contractor determines phasing to be beneficial to controlling invasive species regrowth. 3. Because manual labor and equipment will take place within the wetland area related to the installation of the stone veneer, prior to implementation in the field, a written protocol for means, methods and materials management to protect the wetland from impact from this work shall be submitted to the Conservation Agent. 4. Aside from anticipated imported soil amendments required for the planting area, the project and all of its elements shall not result in any change of grade or elevations within the wetland or buffer zone. 5. Prior to the issuance of a Certificate of Compliance, the woody native plantings shall exhibit at least 75% overall survivorship and the herbaceous native plantings shall exhibit a least a 75% overall coverage after two (2) growing seasons post installation. The landscape architect 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. 6. The wetland 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. 7. Prior to issuance of a Certificate of Compliance, there shall be at least 2 signs installed at the edge of the restored /replanted areas that alert neighbors of the protected wetland resource and restoration effort undertaken therein to discourage /prohibit dumping and abuse. The applicant shall be allowed all artistic license with regard to the design and language of the signs, but that they shall be installed to ensure visibility in the field. 8. The signs as described in Special Condition 97 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. Herbster moves to issue an Order of Condition under the state's Wetlands Protection Act. Seconded by Pirrotta. The motion carries 5 -0. Herbster moves to issue an Order of Condition under the local Ordinance. Seconded by Pirrotta. The motion carries 5 -0. Conservation Commission February 6, 2019 Meeting Minutes Page 7 of 9 16 Bay View Avenue Discussion ensues about Standard Conditions and the following Special Conditions under the Act and local Ordinance: * *Note: The following Special Conditions have been eliminated /modified or new conditions added based on the amended project description ** r,. mm i ss i e ff No longer applicable since the proposed staircase and landings have been eliminated from the project scope. t4at it i s pen a ^hews infiltfatie No longer applicable, this amended Order governs the existing sitting /patio /fare pit area - constructed and subsequently reviewed under this Amendment. 3. As discussed and agreed to by the applicant's representative during the January 5, 2016 hearing, the 18" tree located at the east side of the first landing shall be preserved. This condition shall survive in perpetuity beyond the issuance of a Certificate of Compliance. No longer applicable since the proposed staircase and landings have been eliminated from the project scope. No longer applicable since the proposed staircase and landings have been eliminated from the project scope. 6. ° less flift-H 0 of Gemplianee. No longer applicable since the proposed staircase and landings have been eliminated from the project scope. 7. In addition to compliance with Standard Condition # 15 below prior to implementation in the field, the landscape contractor /representative or homeowner that will be performing vegetation management /planting on the coastal bank shall schedule a "pre- work" site inspection with the Conservation Agent or member of the Conservation Commission to review the parameters of the vegetation management plan to ensure understanding of the approved protocol. Any change in personnel /agent performing this work shall be required Conservation Commission February 6, 2019 Meeting Minutes Page 8 of 9 to schedule a site visit to review same. This condition shall survive in perpetuity beyond the issuance of a Certificate of Compliance. 8. The existing invasive species growing on the coastal bank shall be managed by way of pruning only, without root removal of disruption to avoid destabilization of the bank. This condition shall survive in perpetuity beyond the issuance of a Certificate of Compliance. 9. The native coastal bank plantings shall exhibit a 75% overall survivorship 2 years post installation. Said survivorship shall be reviewed and reported to the Commission by a qualified landscape professional or wetland consultant. 10. The stone infiltration edge to be installed at the perimeter of the sitting/fire pit area shall be property maintained and contained to avoid its migration onto the coastal bank and buffer zone. This condition shall survive in perpetuity beyond the issuance of a Certificate of Compliance. 11. Any and all debris /coals /ashes generated from the use of the fire pit shall not be dumped or allowed to wash onto the coastal bank or buffer zone. All such materials shall be properly disposed of off -site or outside the buffer zone. This condition shall survive in perpetuity beyond the issuance of a Certificate of Compliance. 12. If any evidence of dumping of debris /materials from the use of the fire pit is discovered on the coastal bank, the Commission shall issue and enforcement order to require corrective actions, which may include wholesale removal of the fire pit element of the sitting area. This condition shall survive in perpetuity beyond the issuance of a Certificate of Compliance. 13. The coastal bank vegetation management plan shall be adhered to and any changes proposed thereto shall be presented to the Conservation Commission for review and approval. This condition shall survive in perpetuity beyond the issuance of a Certificate of Compliance. Buchsbaum moves to issue an Order of Condition under the state's Wetlands Protection Act. Seconded by Squibb. The motion carries 5 -0. Herbster moves to issue an Order of Condition under the local Ordinance. Seconded by Pirrotta. The motion carries 5 -0. 289 Hale Street Discussion ensues about possible Conditions to be applied to this project that staff will draft for the next meeting. 400 Hale Street Discussion ensues about possible Conditions to be applied to this project that staff will draft for the next meeting. Minutes Approval The June 26, 2018 minutes will be reviewed at the March 2019 meeting. OLD/NEW /OTHER BUSINESS Conservation Commission February 6, 2019 Meeting Minutes Page 9 of 9 Other items that the Commission will address in the near future include: members attendance at an upcoming meeting on the Waring School encroachment as well as next steps for Beverly's Community Garden group. Adjournment Herbster moves to adjourn at 10:15 p.m. Seconded by Buchsbaum. The motion carries 5 -0. The next regular meeting of the Conservation Commission is Wednesday, March 6, 2019 at Beverly City Hall, 3rd Floor Council Chamber.