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.
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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
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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
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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
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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).
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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.
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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
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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
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February 6, 2019 Meeting Minutes
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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.