12-10-19 BCC Minutes - FINALDRAFT Conservation Commission
December 10, 2019 Meeting Minutes
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CITY OF BEVERLY
PUBLIC MEETING MINUTES
BOARD OR COMMISSION: Conservation Commission
SUBCOMMITTEE:
DATE: December 10, 2019
LOCATION: City of Beverly, Council Chamber 3rd floor
MEMBERS PRESENT: Chair Christine Bertoni, Vice Chair Robert Buchsbaum,
Stephanie Herbster, David Dines,
Bill Squibb, Rick Grandoni
MEMBERS ABSENT:
STAFF PRESENT: Jenna Pirrotta, Environmental Planner
OTHERS PRESENT:
RECORDER: Sarah Scott - Nelson
Bertoni calls the meeting to order at 7:00 p.m. in the 3rd floor Council Chamber in City Hall
APPROVAL OF MINUTES
September 17, 2019
The Commission reviews the draft minutes and offers edits. Buchsbaum moves to approve Sep-
tember 17, 2019 minutes as amended. Seconded by Dines. The motion carries 6 -0.
October 29. 2019
The Commission reviews the draft minutes and offers edits. Buchsbaum moves to approve Octo-
ber 29, 2019 minutes as amended. Seconded by Herbster. The motion carries 6 -0.
November 12, 2019
The Commission reviews the draft minutes and offers edits. Buchsbaum moves to approve No-
vember 12, 2019 minutes as amended. Seconded by Dines. The motion carries 6 -0.
RECESS FOR PUBLIC HEARINGS
Buchsbaum moves to recess for public hearings. Seconded by Dines. The motion carries 6 -0.
Cont: 44 River Street, DEP #5 -1286 — Massachusetts Electric Company d /b /a National
Grid c/o Jesse Edmands
Billie -Jo Gauley of Anchor QEA, on behalf of National Grid, addresses the Commissions ques-
tions from the previous meeting. The applicant has provided the requested memo on the recolo-
nization of organisms, provided information of dredge depths in regards to mean low water, pro-
vided a profile of dredging concerning the edges and slumping, and provided a figure of the 40-
50 foot buffer "do- not - dredge area ". Gauley clarifies the confirmatory measures that will be
taken after dredging before closing the project and that evaluation will be completed on whether
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December 10, 2019 Meeting Minutes
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dredging will cause instability which calls for mitigating backfill. In response to Squibb's ques-
tion, Gauley clarifies that the applicant is still assessing how to best go about dredging under the
bridge.
Herbster moves to close the hearing. Seconded by Grandoni. The motion carries 6 -0.
Cont: 12 -16 Congress Street, DEP #5 -947 —10 Congress Street Owner, LLC c/o Procopio
Companies
Chris Broyles, representing the applicant, addresses questions from the previous meeting, about
the request to amend Order of Conditions, clarifying that their coastal bank delineation has not
changed, that resource areas have remained the same in the new proposal that compensatory stor-
age does not apply to this project. Broyles also explains that concrete would be a safer material
for the pathway in the winter, due to residue of snow and ice which must be left when clearing
off a stone walkway. Broyles reiterates the ten proposed amendments.
Squibb clarifies that the Planning Board deferred comments on the walkway to the jurisdiction of
the Conservation Commission. Herbster asks about the stormwater runoff on the property.
Broyles clarifies that bituminous pavement and concrete both would have high runoff. Broyles
discusses weekly inspection of erosion controls with the Commission. Squibb asks about flood-
ing and states that he wants to see a pervious material for the walkway.
Herbster moves to close the hearing. Seconded by Dines. The motion carries 6 -0.
New: 435, 451 & 455 Essex Street, DEP #5 -1287 — Jeff Fazio, Fazio Enterprises, Inc.
Pirrotta reads the legal notice. Bob Griffin, representing the applicant, explains the property in
regards to the wetland delineations and riverfront area. Griffin argues that it is not a perennial
stream but an intermittent stream, so the riverfront protection regulations do not apply. The Com-
mission discusses scheduling a site visit at a more appropriate time than during the winter.
Bertoni asks about potential vernal pools. Griffin confirms that there are no certified vernal pools
within 100 feet of the property. Bertoni expresses concern that this proposal is being brought up
during winter when there is ample time for such analysis during the spring. Griffin urges the
Commission to take a site visit to address their concerns.
Judy Boyle, living across from the property, explains that flooding has only occurred on the
property during construction. Boyle also expresses concern about her observations that years ago
the stream was healthy with ample vegetation but now the stream is filthy.
Bob O'Malley, abutter to the property, explains that Thoreau Circle has been closed a number of
times due to flooding and that they have multiple catch basins already on their property. O'Mal-
ley expresses concern about the potential flooding on this property.
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The Commission schedules a site visit for 8 am on Saturday, December 21, 2019 but reserves the
right to schedule a second site visit if their concerns cannot be addressed during winter.
Grandoni moves to continue the hearing until the January 7, 2020 meeting. Seconded by
Buchsbaum. The motion carries 6 -0.
RECONVENE REGULAR MEETING
Grandoni moves to reconvene the regular meeting. Seconded by Dines. The motion carries 6 -0.
REQUEST FOR DETERMINATION OF APPLICABILITY
Cont: 50 Dunham Road — Dunham Ridge, LLC
Miranda Gooding, representing the applicant, reviews the proposal to create a materials storage
area. Bertoni suggests an amendment to Enforcement Order to remove the un- permitted fill. Ber-
toni clarifies that the concern is not merely about the upper level of material, but about the entire
pile, and suggests that the best option is simply to remove all of it. Grandoni asks about what fill
would replace it. Gooding clarifies that it would be clean fill according to the Commission's con-
ditions.
Bertoni suggests amending the Enforcement Order with removal of unauthorized fill, loam, seed-
ing, and mesh jute put in place by January 7, 2020. Buchsbaum moves to issue the ratified En-
forcement Order as discussed. Seconded by Herbster. The motion carries 6 -0.
The Commission discusses the options of the appropriateness of issuing an RDA for the work,
which does not allow much for Commission's follow -up on the work, or whether to request that
the applicant submit an NOL Gooding clarifies that their stipulations for the project are refer-
enced in the proposal and that the applicant would be willing to add specific stipulations per the
Commission's request. Grandoni suggest that the applicant should submit a Notice of Intent ra-
ther than the RDA. Gooding states that the applicant withdraws its RDA and will submit an NOI.
New: 43 L.P. Henderson Road — Mark Foster, Beverly - Emergency Management Agency
Pirrotta reads the legal notice. Chris Broyles, representing the applicant, explains the proposed
installation of an infiltration trench and after -the fact paving and storage shed, stating that the in-
filtration trench is within the 50 foot no -build zone. Broyles clarifies that the applicant has storm -
water mitigation in place. Pirrotta suggested the installation of erosion controls as a condition.
Bertoni also suggests notification of the Commission prior to the beginning of construction as a
condition.
Dines moves to issue a Negative 3 determination with the proposed conditions. Seconded by
Buchsbaum. The motion carries 6 -0.
New: 106 West Street — Larry Butler
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Pirrotta reads the legal notice. John Dick, representing Larry Butler, explains the proposal to
construct a 14 -foot by 14 -foot deck. Dick explains that there will be stone placed under the deck,
that the deck will be located where there is existing lawn, and that the location is outside of the
50 foot no build zone on the far side of the house from the riverfront. Bertoni suggests no storage
beneath the deck, requests that the applicant keep crushed stone beneath the deck and not cover
the deck in any way without permission from the Commission so that the area remains pervious.
Squibb moves to issue a Negative 2 and 3 determination. Seconded by Herbster. The motion
carries 6 -0.
REQUEST FOR CERTIFICATES OF COMPLIANCE
Cont: 400 Hale Street, DEP #5 -1070 — Endicott College
By a request from the applicant, Herbster moves to continue to the January 7, 2020 meeting.
Seconded by Dines. The motion carries 6 -0.
Cont: 35 Standley Street, DEP #5 -704 — Warin2 School
By a request from the applicant, Dines moves to continue to the January 7, 2020 meeting.
Seconded by Squibb. The motion carries 6 -0.
Cont: 16 Fosters Point, DEP #5 -819 — Lux Realtv North Shore, Henry Pizzo
By a request from the applicant, Squibb moves to continue to the January 7, 2020 meeting.
Seconded by Dines. The motion carries 6 -0.
Cont: 9 Kinsman Street, DEP #5 -1222 — MPM Companies, LLC (continued to 6130120)
This request for Certificate of Compliance was previously continued to the June 30, 2020 meet-
ing, by request from the applicant.
Cont: 10 Sunnyvale Street, DEP #5 -1122 — Scott Tarnowski
The applicant, Jeanne Tarnowski, reports that an area in question has not been mowed for two
months and asks if the Commission has any questions about the project. Bertoni reads the perpet-
ual conditions for the site, including special conditions 3, 4, 5, 6, and 7.
Grandoni moves to issue a complete Certificate of Compliance. Seconded by Dines. The motion
carries 6 -0.
New: 43 L.P. Henderson Road, DEP #5 -1067 — Mark Foster, Beverlv Emer2ency Manage-
ment Agency
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Chris Broyles of Meridian Associates, representing the applicant, explains the project, including
the construction of a building and connected utilities. Bertoni describes the perpetual conditions
for the site. Buchsbaum moves to issue a complete Certificate of Compliance with the perpetual
conditions as discussed. Seconded by Grandoni. The motion carries 6 -0.
New: 4 Arbella Drive, DEP #5 -1250 — P.J. de Bernardo, Gibraltar Pools Corp.
Pirrotta reports observations from her site inspection and notes that the special conditions were
addressed. In response to Bertoni's question, de Bernado confirms that the work was completed
in accordance with the application. De Bernardo confirms that he is aware of the perpetual condi-
tions for this site.
Buchsbaum moves to issue a complete Certificate of Compliance with the perpetual conditions
as discussed. Seconded by Squibb. The motion carries 6 -0.
New: 313 Hale Street, DEP #5 -1248 — Keith & Rebecca Smith
Bill Manuell, representing the applicant, explains that the work was completed in substantial
compliance with the approved plans, except there was a slight deviation of the fencing placement
due to the existence of trees in the way. Manuell also reports that the silky dogwoods have also
been added per request. Bertoni lists the standard five perpetual conditions included as part of the
Order.
Herbster moves to issue a complete Certificate of Compliance with the perpetual conditions.
Seconded by Buchsbaum. The motion carries 6 -0.
New: 441 Hale Street, DEP #5 -1135 — Helen Greiner
Lolly Gibson, representing the applicant, explains the changes to the proposal including the use
of lawn rather than concrete pathways. In response to Bertoni's question, Gibson clarifies that
any future invasive plant removal work would likely take place in the months of September.
Dines moves to issue a complete Certificate of Compliance with the perpetual conditions as
stated in the order, and the Commission gives permission of Phragmites removal to the current
owner only by pulling and kicking, with no use of herbicides. Seconded by Buchsbaum. The
motion carries 6 -0.
New: 453R Hale Street, DEP #5 -1143 — Kathleen Haller
Lolly Gibson, representing the applicant, explains that removal of Phragmites took place on this
property as well, in connection with the work at 441 Hale Street. Bertoni lists the perpetual con-
ditions, and adds the same special condition as the previous applicant.
Squibb motions to issue a complete Certificate of Compliance for the project with the perpetual
conditions as discussed. Seconded by Buchsbaum. The motion carries 6 -0.
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New: 11 Whitehall Circle, local ordinance only — WC Development, LLC
Bob Griffin, representing he applicant, explains the completion of the project and the site walk.
Bertoni asks about the location of the drywall. Griffin clarifies that it was slightly moved. Ber-
toni lists the perpetual conditions.
Dines moves to issue a complete Certificate of Compliance with the stated perpetual conditions.
Seconded by Buchsbaum. The motion carries 6 -0.
OLD/NEW /OTHER BUSINESS
REQUEST FOR EXTENSION TO ORDER OF CONDITIONS
New: 16B Bay View Avenue, DEP #5 -1232
Bob Griffin, representing the applicant, requests a one year extension on the project, as it is too
late to build the stairs now that it is winter. Bertoni clarifies that this is the last available exten-
sion for the project. Griffin agrees. Herbster moves to issue a one year extension under both the
state act and the local ordinance with the conditions remaining in place. Seconded by Dines. The
motion carries 6 -0.
ENFORCEMENT ORDERS
New: 10 Tall Tree Drive
Kathleen Martin explains the work, which included the installation of a spa /pool and the trench-
ing she did prior to installation and the deck. The Commission schedules a site visit for 9:30 am
on Saturday, December 21, 2019 to observe the work as well as the fallen and leaning trees. Ber-
toni informs Martin that the Enforcement Order will then be continued to the January 7, 2020
meeting.
CONT: BEVERLY AIRPORT — Airport Solutions Group /Airport Manager
Pirrotta reports that the project requires a bit more reading into the vegetation management plan
to see whether past cutting falls within the plan or needs other authorization. The Airport plans to
come before the Commission for their June report update.
OTHER...
Pirrotta reports mileage reimbursements for October and November. Squibb moves to approve
paying Pirrotta $102.55 for mileage. Seconded by Herbster_ The motion carries 6 -0.
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Pirrotta reports that an appeal has submitted to DEP for a superseding order for the 1 Water
Street project, which is pending but requires more information. A few days remain to respond
before DEP may drop the appeal.
ORDERS OF CONDITIONS
Cont: 44 River Street, DEP #5 -1286
The Commission suggests standard conditions and standard perpetual conditions. Bertoni sug-
gests adding a special condition to add a report on the recolonization 1 to 5 years after comple-
tion of the project. The Commission discusses whether that such a requirement would be too dif-
ficult to administer and too burdensome for the applicant. The Commission will include the best
management guidelines for dredging which are included in the Notice of Intent and require a re-
port on the depth of dredging.
Herbster moves to issue the Order of Conditions for 4 River Street. Seconded by Grandoni. The
motion carries 6 -0.
Cont: 12 -16 Congress Street, DEP #5 -947
The Commission agrees to keep the standard and perpetual conditions, and will uphold special
condition 2 and that condition 7 is null. Herbster moves to amend the Order of Conditions for 12-
16 Congress Street. Seconded by Buchsbaum. The motion carries 6 -0.
ADJOURNMENT
Herbster moves to adjourn at 11:04 pm. Seconded by Dines. The motion carries 6 -0. The next
regular meeting of the Conservation Commission is Tuesday, January 7, 2020 at Beverly City
Hall, 3rd Floor Council Chamber.