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5-01-2019 CC Minutes - FINALConservation Commission May 1, 2019 Meeting Minutes Page 1 of 5 CITY OF BEVERLY PUBLIC MEETING MINUTES BOARD OR COMMISSION: Conservation Commission SUBCOMMITTEE: DATE: Wednesday, May 1, 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: Jenna Pirrotta STAFF PRESENT: Amy Maxner, 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. REQUESTS FOR CERTIFICATES OF COMPLIANCE Cont: 100 & 102 Hull Street, DEP File #5 -1205 - MJP Properties, Inc. c/o Mike Panzero & Susan Purdy At the request of the applicant, Herbster moves to continue the hearing to the May 29, 2019 meeting without discussion. Seconded by Dines. The motion carries 6 -0. Cont: 14 Cleveland Road (f.k.a. 391R Elliot St.), DEP File #5 -786 - William & Linda Beard At the request of the applicant, Herbster moves to continue the hearing to the May 29, 2019 meeting without discussion. Seconded by Dines. The motion carries 6 -0. New: 143 West Street, DEP #5 -808 - Daniel Carnevale Bob Griffin of Griffin Engineering, representing the applicant, describes the project to raze the existing house and construct a new single family home and associated appurtenances. There were some modifications as compared to the previously approved plan from 2003. The most notable change is in the planting plan to extend the lawn. Bertoni requests that the 50 -Foot No -Build Zone be depicted on the As -Built plan. In response to a question from Bertoni, Griffin clarifies the changes to the pool house and the corresponding increase in water runoff, as well as the increase in pervious surfaces for the new patio. The Commission discusses the required compensatory flood storage for the project. Ber- toni expresses concern about the increased paver footprint within the 25 -Foot No- Disturbance Zone. Conservation Commission May 1, 2019 Meeting Minutes Page 2 of 5 In response to Squibb's question about the applicant's decision to reduce the number of plantings for the sake of creating a larger lawn, Maxner suggests that the Commission make a site visit to possibly determine an area of mitigation for the patio. The Commission schedules a site visit for Friday, May 3, 2019. Herbster moves to continue the hearing to the May 29, 2019 meeting. Seconded by Squibb. The motion carries 6 -0. REQUESTS FOR DETERMINATION OF APPLICABILITY New: 320 Essex Street - Denis He2arty Maxner reads the legal notice. Bob Griffin, representing the applicant, explains that the project has been halted, pending the Commission's approval, to perform lawn and landscaping improve- ments and install a paved driveway. In response to a question from Bertoni, Griffin clarifies that the previous driveway was gravel and that there are plans to remove a dying maple tree. The Commission requests to include the following conditions: 1. Area of soil disturbance shall be restored to lawn, seeded and protected from washout; 2. Erosion controls shall be maintained until all soils are fully stablized with growing vegetation; 3. Any other additional activities proposed on site must be submitted to the Conservation Commission for review and approval. Dines moves to issue a Negative 3 determination with the condition as discussed. Seconded by Herbster. The motion carries 6 -0. New: 14 Cleveland Road — William Beard Maxner reads the legal notice. Griffin, representing the applicant, explains the request for an af- ter- the -fact permit application for the construction of decks, paver walkways, retaining walls, and mitigation plantings. Griffin confirms that the mitigation planting is sufficient compensation for the added deck areas and brings everything into compliance. The Commission requests that signage be placed in the No -Mow areas. Squibb moves to issue a Negative 3 determination with the conditions as discussed. Seconded by Dines. The motion carries 6 -0. New: 21 Linden Avenue - Gerald O'Connor Maxner reads the legal notice. Kristen O'Connor, spouse of the applicant, explains the proposed project which includes the construction of a deck, staircase, and four concrete footings. Bertoni asks for clarification on the size of the deck. O'Connor clarifies that the size has been reduced and this size and placement is the most practical for the site. The Commission requests the condi- tion of handheld tools and that the applicant return to the Commission to discuss crushed stone beneath the deck in the event that the lawn underneath ceases to grow and becomes mud. Herbster moves to issue a Negative 3 and 2 determination with the conditions as discussed. Se- conded by Squibb. The motion carries 6 -0. Conservation Commission May 1, 2019 Meeting Minutes Page 3 of 5 New: Within Bass River in the vicinity of 44 River Street - Massachusetts Electric Com- pany d/b /a National Grid Maxner reads the legal notice. Billie -Jo Gauley of Anchor QEA, representing the applicant, ex- plains the plans to conduct environmental sampling to collect sediment and surface water sam- ples from the Bass River. Gauley explains that the testing area will include areas both within and outside the remediation site to ensure a complete site assessment of the site is undertaken. There will be approximately 50 -60 sample locations and samples will be sent to a laboratory for analy- sis. Samples will be analyzed for the presence of contaminants and some metals analysis would occur, but metals are not the expected contaminants resulting from former manufactured gas plants as is the case for this project. Maxner asks for clarification about the effect of weather on the project. Gauley clarifies that work will only occur on fair weather days. Herbster moves to issue a Negative 2, with conditions as discussed. Seconded by Squibb. The motion carries 6 -0. RECESS FOR PUBLIC HEARINGS Herbster moves to recess for public hearings. Seconded by Buchsbaum. The motion carries 6 -0. NOTICES OF INTENT /ABBREVIATED NOTICES OF INTENT / REQUESTS FOR OR- DERS OF CONDITIONS Cont: 7 Porter Terrace, DEP File #5 -1245 - 7 Porter Terrace, LLC c/o Brian Marks At the request of the applicant, Dines moves to continue the hearing to the May 29, 2019 meet- ing. Seconded by Squibb. The motion carries 6 -0. New: 10 Marsh Avenue, DEP File 45 -1272 - Augustus & Karen Gomes Maxner reads the legal notice. John Morin of the Morin - Cameron Group, Inc, representing the applicant, explains the project to construct a front porch and reconstruct a rear deck, and clarifies that the existing deck is located within the 25 -Foot No- Disturbance Zone. Morin explains that the runoff flows off toward the lawn, but that he recommends some additional erosion controls to mitigate any potential impacts from the runoff. Augustus Gomes, the owner, clarifies that he may replace some pavement and pavers with crushed stone. The Commission suggests that this will be added into the conditions. Herbster moves to close the hearing. Seconded by Dines. The motion carries 6 -0. RECONVENE REGULAR MEETING Dines moves to reconvene the regular meeting. Seconded by Herbster. The motion carries 6 -0. Conservation Commission May 1, 2019 Meeting Minutes Page 4 of 5 OLD/NEW /OTHER BUSINESS REQUESTS FOR EXTENSION TO ORDER OF CONDITIONS New: 20 Elnew Avenue, DEP File # 5 -1177 - MPM Companies LLC c/o Mike McNiff Maxner explains that the applicant is requesting a one year extension to the Order of Conditions. The Commission determines that the hemlock plantings must be completed before an occupancy permit is issued for the house. Squibb moves to issue a one year extension under both the Wet- lands Protection Act and Beverly Wetlands Ordinance. Seconded by Dines. The motion carries 6 -0. New: 480 -482 Rantoul Street — Beverly Crossing c/o Chris Koeplin The applicant explains that the removal of the five black locust trees has gone well and the trees have not regrown. The newly planted vegetation has also been successful. Squibb moves to issue a one year extension under the Beverly Ordinance. This work is not subject to the Wetlands Pro- tection Act. Seconded by Dines. The motion carries 6 -0. New: Rear McKay Street, DEP File #5 -1179 — Beverly Crossing c/o Kristen Poulin The Commission discusses the condition of the site. Herbster moves to issue a one year exten- sion under the MA Wetlands Protection Act and Beverly Wetlands Ordinance. Seconded by Squibb. The motion carries 6 -0. New: 14 Bay View Avenue, DEP File #5 -1183 - Kevin & Margaret Puopolo Bob Griffin, representing the applicant, explains the request for an extension and minor modifi- cation to the Order of Conditions. The Commission discusses the planting plan and project his- tory. Bertoni suggests adding some additional cedar trees to the planting scheme. The Commission schedules a site visit for 5:45 p.m. on May 8, 2019. Herbster moves to issue the Minor Modification as presented with the change in plant list, removal of the spruce tree, and noting that the Linden tree died, and with the addition of two cedars on the flat area of the site. Seconded by Dines. The motion carries 6 -0. Dines moves to issue the one year extension under the Act and the Ordinance. Seconded by Squibb. The motion carries 6 -0. New: Expenditure Approvals... If Any The Commission discusses the expenditure approval of $52.65 for mileage during the month of April. Squibb moves to pay the expenditure to Maxner. Seconded by Herbster. The motion car- ries 6 -0. ORDERS OF CONDITIONS New: 10 Marsh Avenue, DEP File 45 -1272 - Augustus & Karen Gomes Conservation Commission May 1, 2019 Meeting Minutes Page 5 of 5 Bertoni suggests to include the standard conditions, and that the deck will not be covered or roofed without the Commission's approval, disturbed areas will be loamed and seeded, pavement will be replaced with crushed stone. The following special conditions were included: 1. Decking floor boards shall be sufficiently spaced apart to allow rain water and snow melt to pass through and infiltrate into the ground below. 2. The rear deck shall remain open, without roofing or enclosure. If a roof or enclosure of the deck is ever proposed, the applicant /owner shall submit said proposal to the Conser- vation Commission for further review as to whether this Order of Conditions can be mod- ified (if still valid), or if a new application will be necessary. 3. This Order of Conditions allows for the removal of pavement within the driveway to be replaced with clean crushed stone provided that the Conservation Agent is provided with a sketch of the area of removal. All excavated pavement shall be removed and disposed of at an appropriate off -site facility. Herbster moves to issue an Order of Conditions as discussed. Seconded by Squibb. The motion carries 6 -0. OTHER Maxner reports updated plans were prepared for the community gardens site. The Commission discusses the proposed meadow area and suggestions for plan adjustments. ADJOURNMENT Herbster moves to adjourn at 9:26 pm. Seconded by Dines. The motion carries 6 -0. The next reg- ular meeting of the Conservation Commission is Wednesday, May 29, 2019 at Beverly City Hall, 3rd Floor Council Chamber.