7-30-2019 CC Minutes - FINALConservation Commission
July 30, 2019 Meeting Minutes
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CITY OF BEVERLY
PUBLIC MEETING MINUTES
BOARD OR COMMISSION: Conservation Commission
SUBCOMMITTEE:
DATE: July 30, 2019
LOCATION: City of Beverly, Council Chamber 3rd Floor
MEMBERS PRESENT: Chair Christine Bertoni, Stephanie Herbster, David Dines,
William Squibb, Richard Grandoni
MEMBERS ABSENT: Vice Chair Robert Buchsbaum
STAFF PRESENT: Aaron Clausen, Planning Director; 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.
REQUESTS FOR CERTIFICATE OF COMPLIANCE
Cont: 100 & 102 Hull Street, DEP File #5 -1205 — M.IP Properties, Inc. c/o Michael Panzero
& Susan Purdy
By a request from the applicant, Herbster moves to continue this item to the August 27, 2019
meeting. Seconded by Grandoni. The motion carries 5 -0.
Cont: 400 Hale Street, DEP #5 -1070 — Endicott College
By a request from the applicant, Grandoni moves to continue this item to the August 27, 2019
meeting. Seconded by Herbster. The motion carries 5 -0.
Cont: 35 Standley Street, DEP #5 -704 — Waring School
By a request from the applicant, Grandoni moves to continue this item to the August 27, 2019
meeting. Seconded by Herbster. The motion carries 5 -0.
Cont: 35 Standley Street, DEP #5 -687 — Warin2 School
Clausen reports that the water line was installed years ago and was never moved. Ann
McMenemy of Hancock Associates, representing the applicant, discusses the old water line and
asks the Commission if they have any questions. Bertoni asks for clarification on whether the
utility connection was on City land and McMenemy confirms that it was.
Squibb moves to issue a complete Certificate of Compliance for DEP 95 -687 with standard per-
petual conditions #46 -49. Seconded by Herbster. The motion carries 5 -0.
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New: 400 Hale Street, DEP #5 -1241 — Windover Construction
Chris Broyles of Meridian Associates, representing the applicant, describes the project and re-
ports changes from the approved plan, including widening of the walkway. Overall the amount
of impervious surface proposed was greater than the impervious surface that was actually con-
structed. Pirrotta reports that the site seemed stable on the site visit but that there is one area
where work is not quite completed. Bertoni asks for clarification on what was not built based on
the proposed plan. Broyles points out which walkway was omitted and which was changed on
the layout.
Grandoni moves to issue a complete Certificate of Compliance with perpetual conditions 933 -40.
Seconded by Dines. The motion carries 5 -0.
New: 400 Hale Street, DEP #5 -1212 — Endicott College
Chris Broyles of Meridian Associates, representing the applicant, describes the project including
repaving the service lane and installing posts to protect the bordering vegetated wetland. Pirrotta
reports from her site visit that the metal edging seemed to work very well to keep gravel out of
the wetland.
Herbster moves to issue a Complete Certificate of Compliance for the work, with perpetual con-
ditions 933 -37. Seconded by Dines. The motion carries 5 -0.
Cont: 400 Hale Street, DEP #5 -1158 — Endicott College
Chris Broyles of Meridian Associates, representing the applicant, describes the project which in-
cluded constructing an access road and associated parking lot in the vicinity of northeast area of
the college campus. Broyles explains that existing pavement was left as is, contrary to what was
detailed in the proposed plan. Broyles discusses the specifics of the use of the parking lot based
on the college's report. The Commission discusses the work that occurred which was not part of
the approved plan, and whether the Commission should wait to issue the Certificate of Compli-
ance until after the trees are planted. Clausen details the standard perpetual conditions that were
included in the Order, as well as five special conditions for this specific project.
Grandoni moves to continue this item to the October 8, 2019 meeting, by which time one oak,
four black birch, and one red spruce trees will have been planted. Seconded by Squibb. The mo-
tion carries 5 -0.
New: 16 Foster's Point, DEP #5 -819 — Lux Realty North Shore, Henry Pizzo
Ann McMenemy of Hancock Associates, representing the applicant, reports part of the project is
not in compliance with the approved plan, including the configuration of the floats and the pres-
ence of an unidentified float which is located on salt marsh. McMenemy suggests that this is
likely because the owner is not currently living at the residence because of health reasons and
was not aware of these issues. Bertoni suggests a no dumping sign be installed because of grass
clippings found on part of the property. Bertoni requests that the gangway be attached, but states
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July 30, 2019 Meeting Minutes
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that the Order of Conditions has expired. Bertoni states that the property needs some care before
the Commission can issue a Certificate of Compliance and suggests that the floats be figured out
before the next meeting, rather than at this meeting. Clausen clarifies that the extra float was
likely deposited there by a previous storm and simply needs to be removed. The Commission
discusses issuing a "friendly" Enforcement Order to allow work to occur that would allow the
property to come back into compliance with the Order of Conditions.
Herbster moves to issue an Enforcement Order for the applicant to remove the un- permitted float
and the gangway from the salt marsh, place the float in the approved configuration, provide a
valid Chapter 91 license, and remove the yard waste, with a draft plan due 30 days from the issu-
ance of the Enforcement Order. Seconded by Dines. The motion carries 4 -0 with one abstained.
Herbster moves to continue to the August 27, 2019 meeting. Seconded by Grandoni. The motion
carries 5 -0.
New: 7 Emily Way, DEP #5 -1162 — Christopher Umana
Chris Umana, the applicant, requests a Certificate of Compliance for work to remove invasive
plants and install landscaping. Clausen reports from the site visit that everything looks stable.
The Commission discusses the perpetual conditions for the site. Pirrotta reports that the Commis-
sion had previously discussed the continuation of the Certificate of Compliance request to allow
for the survivorship of a few of the trees added. Squibb moves to issue a partial Certificate of
Compliance for the work that has been completed, just waiting on the two -year growth period.
Seconded by Herbster. The motion carries 5 -0.
New: 9 Kinsman Street, DEP File #5 -1222
Bob Griffin of Griffin Engineering, representing the applicant, describes the project including the
construction of a single - family residence with associated driveway, utilities and landscaping
within 100 -Foot Buffer Zone to Bordering Vegetated Wetland. The Commission or staff needs to
conduct a site inspection, so this Certificate of Compliance request needs to be continued. Herb -
ster moves to continue this request for the Certificate of Compliance to the August 27, 2019
meeting. Seconded by Dines. The motion carries 5 -0.
REQUEST FOR DETERMINATION OF APPLICABILITY
New: 212 Common Lane — MJP Properties Inc. c/o Michael Panzero
Clausen reads the legal notice. Bob Griffin of Griffin Engineering, representing the applicant, ex-
plains the plans to connect the existing residence at 212 Common Lane with the City sewer line
located in the roadway. The work is located within 100 -Foot Buffer Zone to Bordering Vege-
tated Wetlands. Bertoni asks about the sewer line installation and septic abandonment. Griffin
describes the process of pumping the sewage out and installing a pump chamber. Grandoni
moves to issue a Negative 3 Determination with the conditions as discussed. Seconded by Dines.
The motion carries 5 -0.
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RECESS FOR PUBLIC HEARINGS
Grandoni moves to recess for public hearings. Seconded by Squibb. The motion carries 5 -0.
NOTICES OF INTENT / ABBREVIATED NOTICES OF INTENT / REQUESTS FOR
AMENDED ORDERS OF CONDITIONS
Cont: 4 Cabot Street, DEP File #5 -1275 — Bob Boudreaux
Bob Griffin of Griffin Engineering, representing the applicant, updates the Commission on the
reconstruction of a pile - supported pier, gangway, and floating dock with associated utility con-
nections. In response to Squibb's question, Griffin clarifies about the existing pipeline associated
with the fish market. Herbster moves to close the hearing. Seconded by Grandoni. The motion
carries 5 -0.
Cont: 60 South Terrace, DEP File #5 -1274 — Paul & Natalie Gaudenzi
Bob Griffin of Griffin Engineering, representing the applicant, updates the Commission on the
project which includes construction of a building addition, elevated deck, and general site im-
provements at an existing single - family residence. The Commission asks a few clarifying ques-
tions on the construction methodology. Herbster moves to close the hearing. Seconded by Dines.
The motion carries 5 -0.
New: 35R Standley Street DEP File # 5 -1276— Waring School c/o Timothy Bakland
Timothy Bakland, representing Waring School, explains the plans for demolition and reconstruc-
tion of an existing school building located at the Waring School campus. Bakland explains that
the building, which is right up against a stream, is in disrepair and they wish to demolish it and
construct a new building with a more accessible route to connect the lower and upper campus.
Ann McMenemy of Hancock Associates, representing the applicant, explains that new infor-
mation about utilities and details are still being decided, so the hearing will need to be continued,
but that she will provide an overview of the project for the Commission. McMenemy explains
the proposed landscaping and building plans. Vaclav Talacko, engineer from Hancock Associ-
ates, explains the stormwater drainage plan, including the change in imperious surfaces and plans
for pervious walkways.
Mike and Debbie Bright, neighbors to the applicant, express their concern with a potential in-
crease in flooding of Common Lane which is already an issue. Bertoni comments that the storm -
water mitigation is geared at keeping stormwater within the onsite.
The Commission schedules a site visit for 5:30 p.m. on Friday, August 16, 2019. Herbster moves
to continue the hearing to the August 27, 2019 meeting. Seconded by Dines. The motion carries
5 -0.
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New: 59 Ober Street — 59 Ober Street LLC
Clausen reads the legal notice. Richard Williams of Williams & Sparages LLC, representing the
applicant, describes the proposal to raze the existing dwelling and construct a new single family
dwelling in its place with associated site work include grading, utilities, construction of a drive-
way, relative to the Coastal Bank. Bertoni suggests a nontoxic fencing material. Williams states
that he is waiting on the architect for detail but will let the Commission know which material is
proposed. Williams also describes the plans for erosion controls. Dines asks about the size of the
current house compared to the proposed house. Bertoni asks the applicant to avoid work around
the drip edge of the Beech tree. The Commission schedules a site visit for 4:30 p.m. on August
16, 2019.
Mr. Polio, neighbor of the applicant, expresses concern about water runoff on his property as a
result of the new construction and asks the Commission to take a look on their site visit. Bertoni
comments that this is outside of the Commission's jurisdiction. Another abutter to the applicant,
asks about the seawall and the buffer area requirements. Clausen clarifies that the buffer does not
mean that building cannot take place, it means that building cannot take place without the Com-
mission's approval.
Herbster moves to continue the hearing to the August 27, 2019 meeting. Seconded by Dines. The
motion carries 5 -0.
New: 47A Water Street — Beverly Port Marina c/o Jonathan Silver
Clausen reads the legal notice. Jon Silver, representing the applicant, describes the proposal to
install new steel sheet pile bulkhead and 6113,500 square feet of Land Under the Ocean, install
travel lift platforms, floating docks, and new support piles. He reports that there is only one mi-
nor change from the plan that was previously approved by the Commission and had since ex-
pired. This new filing includes a change which keeps the privately -owned marina drainage line
and the City drainage line separate, instead of combined as previously proposed. The Commis-
sion schedules a site visit for 6:30 p.m. on Friday, August 16, 2019.
Dines moves to continue to the August 27, 2019 meeting. Seconded by Herbster. The motion
carries 5 -0.
TREE REMOVAL
Lance Nicolaysen of 20 Wentworth Drive explains his request for the removal of nine maple
trees and one dead hemlock tree. The applicant states that he would be willing to propose mitiga-
tion plantings, but is worried about the survivorship of trees in that location. Bertoni suggests
that perhaps it would be better for the applicant submit an RDA so that the Commission can en-
force mitigation plantings for the replacement of the trees. The applicant states that all of the
trees are within 20 feet of the house. Bertoni suggests that the arborist suggest a few sapling re-
placements for the area. The Commission requests that the applicant provide a list of mitigation
plantings before approval of the tree removal.
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ORDERS OF CONDITIONS
Cont: 4 Cabot Street, DEP File #5 -1275 — Robert Boudreaux
The Commission discusses the Order of Conditions for the property including standard general
conditions, standard perpetual conditions, and the following special conditions:
1. All trash and debris including wood pieces, car parts, asphalt, and fishing line, etc. found
on the coastal beach (tidal flats) resource areas shall be removed and disposed of at an ap-
propriate off -site facility.
2. Soil borings shall be conducted prior to installation of piles. The results of findings from
the soil borings shall be submitted to the Conservation Commission.
3. Pile stops or similar shall be used to keep the landward end of the floating dock elevated
above the substrate. The pile stop mechanism detail shall be submitted to the Conserva-
tion Agent for review prior to construction.
4. Old anchors and chains used to stabilize the floating dock shall be located and removed.
5. Old piles to be removed shall be removed in their entirety if possible, or cut at the mud -
line.
6. Dock side pump out shall be provided with the final specification submitted to the Con-
servation Agent prior to installation.
7. The proposed pile driving and installation of the dock and pier shall be conducted around
periods of high tides to avoid grounding of the barge.
8. The work shall avoid impacts to the shellfish beds by equipment and vessel impact.
9. Operation of any construction equipment on the tidal flat is prohibited.
10. The barge must be equipped with a spill kit and a photo of said kit on the barge shall be
forwarded to the Conservation Agent prior to work from the barge commencing.
11. The Sequence of events as detailed within Section 4.0 Mitigation Measures of the NOI by
Griffin Engineering, LLC, dated June 24, 2019 shall be adhered to as follows:
a. A work barge shall be brought in to the site at high tide. Machinery on the barge
is to be inspected prior to entering the work area and repaired promptly if needed.
The barge will be removed from the work area as soon as practicable.
b. The piles are to be set in place working from the nearshore piles seaward. The tug
boat is to avoid prop dredging at all times.
c. The pier is to be constructed in place. Any debris (i.e. drill cuttings, sawdust, etc.)
entering the resource area is to be removed immediately.
d. The floating dock is to be fully constructed outside the resource areas, floated into
place at high tide and secured to the dock piles with pile guides.
e. The gangway is then attached.
Herbster moves to issue an Order of Conditions under both the Wetlands Protection Act and the
Beverly Wetlands Ordinance with conditions as discussed. Seconded by Squibb. The motion car-
ries 5 -0.
Cont: 60 South Terrace, DEP File #5 -1274 — Paul & Natalie Gaudenzi
The Commission discusses the Order of Conditions for the property including the use standard
general conditions, standard perpetual conditions, and the following special conditions:
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1. If the existing foundation of the house cannot be reused, then the applicant should come
before the Conservation Commission to request an amendment to this Order of Condi-
tions (this excludes the foundation for the building addition).
2. The proposed fence shall be installed per building code, with the posts placed landward
of the existing seawall.
3. The applicant shall submit a detail of the proposed fence to the Conservation Commis-
sion prior to its installation.
4. The trees in the rear yard proposed to be removed shall be flush cut, with no grinding of
the stumps.
5. The proposed mitigation plantings shall exhibit an overall survivorship of at least 75%
for the herbaceous plants and 100% for the trees two growing seasons post installation.
6. Any spoils removed from the installation of deck posts or for the building addition's
foundation shall be removed off -site.
Herbster moves to issue an Oder of Conditions for the project under both the Wetlands Protec-
tion Act and Beverly Wetlands Ordinance, with the conditions as discussed. Seconded by Gran -
doni. The motion carries 5 -0.
ADJOURNMENT
Herbster moves to adjourn at 11:28 p.m. Seconded by Bertoni. The motion carries 5 -0. The next
regular meeting of the Conservation Commission will be Tuesday, August 27, 2019 at Beverly
City Hall, 3rd Floor Council Chamber.