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7-09-2019 CC Minutes - FINALConservation Commission July 9, 2019 Meeting Minutes Page 1 of 5 CITY OF BEVERLY PUBLIC MEETING MINUTES BOARD OR COMMISSION: Conservation Commission SUBCOMMITTEE: DATE: July 9, 2019 LOCATION: City of Beverly, 3rd Floor Council Chambers MEMBERS PRESENT: Chair Christine Bertoni, Richard Grandoni, William Squibb, Stephanie Herbster, David Dines, Jenna Pirrotta MEMBERS ABSENT: Vice Chair Robert Buchsbaum STAFF PRESENT: Aaron Clausen, Planning Director 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 Bob Griffin of Griffin Engineering, representing the applicant, requests to continue the hearing. Squibb moves to continue the hearing to the July 30, 2019 meeting. Seconded by Herbster. The motion carries 6 -0. Cont: 400 Hale Street, DEP #5 -1070 - Endicott College By request from the applicant, Squibb moves to continue to the July 30, 2019 meeting. Seconded by Herbster. The motion carries 6 -0. Cont: 400 Hale Street, DEP #5 -1158 - Endicott College By request from the applicant, Squibb moves to continue to the July 30, 2019 meeting. Seconded by Herbster. The motion carries 6 -0. Cont: 35 Standley Street, DEP #5 -704 - Warina School By request from the applicant, Herbster moves to continue to the July 30, 2019 meeting. Se- conded by Squibb. The motion carries 6 -0. Cont: 35 Standlev Street, DEP #5 -687 - Warin2 School By request from the applicant, Herbster moves to continue to the July 30, 2019 meeting. Se- conded by Squibb. The motion carries 6 -0. Cont: 98 Valley Street, DEP File #5 -1155 - Michael Habich Conservation Commission July 9, 2019 Meeting Minutes Page 2 of 5 Michael Habich, property owner, asks the Commission if they have received the recently submit- ted paperwork and Bertoni confirms positively. Clausen comments that there are some standard perpetual conditions that apply from the Order of Conditions, and that the site was stable on his site visit. Squibb moves to issue a complete Certificate of Compliance with the five perpetual conditions as described. Seconded by Herbster. The motion carries 6 -0. Cont: 17 Victor Avenue, DEP File #5 -1157 - Anthony Paluzzi Bob Griffin, representing the applicant, reports that the project is satisfactorily completed. Clausen states that this hearing was previously continued from the previous meeting only until a site visit could be completed, and that he had conducted an inspection since then. Squibb moves to issue a complete Certificate of Compliance with the five perpetual conditions as discussed. Se- conded by Herbster. The motion carries 6 -0. New: 3 Bonad Road, DEP File #5 -1093 - MPM Companies, LLC c/o Mike McNiff Bob Griffin, representing the applicant, requests a final Certificate of Compliance for the work, as the required mitigation planting had been successfully completed. There being no further questions, Herbster moves to issue a Complete Certificate of Compliance. Seconded by Squibb. The motion carries 6 -0. New: 400 Hale Street, DEP File #5 -1052 — Endicott College Chris Broyles of Meridian Associates, representing the applicant, describes the project which in- cluded construction of a new sidewalk along College Way within the 100 -Foot Buffer to Inland Bank. The Commission discusses details such as lighting of the walkway and describes perpetual conditions including mulching of the area. Squibb moves to issue a complete Certificate of Com- pliance for the work. Seconded by Herbster. The motion carries 6 -0. New: 400 Hale Street, Dep File 45 -1053 — Endicott College Chris Broyles, representing the applicant, explains the project to replace the pedestrian walkway and restore and stabilize the eroding Inland Bank at College Pond. Clausen reports from his site visit that the site seemed stable. Herbster moves to issue a complete Certificate of Compliance with the perpetual conditions as described. Seconded by Squibb. The motion carries 6 -0. REQUESTS FOR DETERMINATION OF APPLICABILITY New: 53 Williams Street - MJP Properties Inc., Mike Panzero Clausen reads the legal notice. Bob Griffin, representing the applicant, explains the plans to raze the existing single - family residence and construct a private hammerhead turnaround with two new single - family residences including associated driveways, utilities, stormwater management system, and landscaping. Portions of the proposed work will take place within the 100 -Foot Buffer to Bordering Vegetated Wetlands including the installation of a 3 -foot wide stone chan- nel, rip -rap apron, and landscaping. Bertoni asks how many trees might need to be removed. Conservation Commission July 9, 2019 Meeting Minutes Page 3 of 5 Griffin describes the tree removal plan and Griffin clarifies that there is an existing stone path which will be fortified. Bertoni suggests including conditions no mulching to be used within ju- risdictional areas and the installation of erosion controls to serve as the limit of work around the stone trench. Squibb moves to issue a Negative 3 determination with the conditions as discussed. Seconded by Pirrotta. The motion carries 6 -0. New: 12 Sunnyvale Street - Wilfred Burke Clausen reads the legal notice. Wilfred Burke, property owner, explains the plans to install an above ground pool and construct a deck between the proposed pool and the existing patio and single - family house. The work is to take place within the 50 -Foot No -Build Zone associated with Bordering Vegetated Wetland and the 200 -Foot Riverfront Area. Burke clarifies that the pool will remain up year -round and will not be drained unless it is requested by the Commission. Ber- toni requests a drainage plan so that the pool will not be drained directly into the wetland, that the deck be confirmed to be located outside of the No- Disturbance Zone, and that a removal or control plan for the Japanese knotweed be established. Dines moves to issue a Negative 3 determination with the conditions as discussed. Seconded by Herbster. The motion carries 6 -0. New: 400 Hale Street - Endicott College c/o Chris Broyles Clausen reads the legal notice. Chris Broyles representing the applicant, explains the project which includes adding a stone bench next to the newly constructed brick walkway that was com- pleted under DEP file #5 -1053, as discussed above. The work is located within the 100 -foot buffer. Bertoni requests that the staging area stay on the existing pathway or re- vegetate any ar- eas that are disturbed by staging activites. Herbster moves to issue a Negative 3 determination with the conditions as discussed. Seconded by Dines. The motion carries 6 -0. RECESS FOR PUBLIC HEARINGS Dines moves to recess for public hearings. Seconded by Herbster. The motion carries 6 -0. NOTICES OF INTENT / ABBREVIATED NOTICES OF INTENT / REQUESTED FOR AMENDED ORDERS OF CONDITIONS New: 60 South Terrace, DEP File #5 -1274 - Paul & Natalie Gaudenzi Clausen reads the legal notice. Bob Griffin, representing the applicant, explains the project to construct a building addition, elevated deck, and general site improvements at the existing sin- gle- family residence. The work is located within the 200 -Foot Riverfront Area. Griffin confirms that three footings will be needed to support the deck. Clausen comments that this project needs a drainage permit as well and suggests that the applicant work on obtaining that permit. Bertoni Conservation Commission July 9, 2019 Meeting Minutes Page 4 of 5 expresses concern about the proposed mitigation which is within the No- Disturbance Zone and suggests the Commission hold a site visit. The Commission schedules a site visit for 6:00 p.m. on Thursday, July 18, 2019. Squibb moves to continue the hearing to the July 30, 2019 meeting. Seconded by Herbster. The motion carries 6 -0. New: 4 Cabot Street, DEP File #5 -1275 - Bob Boudreaux Clausen reads the legal notice. Bob Griffin, representing the applicant, explains the work includ- ing the reconstruction of a pile- supported pier, gangway, and floating dock with associated utility connections. The work is located within Land Subject to Coastal Storm Flowage, Land Under the Ocean, Coastal Beach (Tidal Flats), Coastal Bank, Land Containing Shellfish, Riverfront Area and with the 100 -Foot Buffer zone to the Coastal Bank. Griffin clarifies that Mr. Boudreux has an agreement with Mr. Ronan for the reconstruction of the pier. Griffin agrees with Bertoni about the removal of the chains and anchors on the property. Clausen reports support from Mas- sachusetts Division of Marine Fisheries in terms of the removal of existing chains and anchors. Bertoni also discusses preference for the old pilings to be removed. The Commission schedules a site visit for 6:30 p.m. on Thursday, July 18, 2019. Pirrotta moves to continue to the July 30, 2019 meeting. Seconded by Herbster. The motion carries 6 -0. RECONVENE REGULAR MEETING Dines moves to reconvene the regular meeting. Seconded by Herbster. The motion carries 6 -0. OLD /NEW /OTHER BUSINESS Cont: Enforcement Order 20, 30 & 40 Webster Avenue, DEP File #5 -1237 - PD Development Bob Griffin, representing the applicant, summarizes the work completed on the cart path and the restoration plan. Griffin reports that the cart path restoration plan was approved by the Planning Board and describes the letter issued by the Planning Board with conditions of their approval. Bertoni asks about the compacted material brought onto the site. Griffin states that loam and seed will be spread along the gravel path rather than removing all the imported material. Clausen comments that the site needs to be returned to its original state, prior to the gravel being added. Bertoni states that the removal of the current gravel will restore the land to a state that will better hold loam and seed, and agrees that the gravel should be removed. Griffin states that he does not think that the removal of the gravel will accomplish what the Commission desires, but will let the applicant know that this is the Commission's request. Clausen suggests that 18 inches of loam would not do well, and asserts that those 18 inches may not be necessary. Clausen suggests a more detailed plan is needing showing methods to restore the cart path. Griffin asserts that the applicant plans to resubmit the plan but is currently making modifications based on the Planning Board's comments and will return to the Commission with a modified plan. Conservation Commission July 9, 2019 Meeting Minutes Page 5 of 5 Cont: Beverly Airport - update on Airport Vegetation Management Program - Airport So- lutions Group /Airport Manager Clausen reports that he plans to schedule a site visit with the Airport Manager and hopes to do so within the next few days. New: Tree Removal Requests 181 Elliott Street - Cummings Properties, LLC – Damien R. Savoie Damien Savoie representing the property owner, explains the request to remove two trees on the property. One is at risk of falling into the pond and another was snapped in half and is hanging over the pond. Both trees are in the No- Disturbance Zone. Bertoni requests mitigation plantings such as trees or shrubs to me added in place of the two trees removed. Clausen asks for more de- tails on how tree number one will be removed —with a boat or otherwise. Savoie will follow -up with Clausen on how the first tree will be removed and Clausen will provide a formal notice of the required conditions, which will serve as the go -ahead for the project. New: Minor Proiect Permits 718R Cabot Street - Chris Ingemi Clausen explains that the project consists of the reconstruction of an existing deck, all of which is outside of the No- Disturbance Zone, and he expects to be able to provide a full report at the next meeting. Other MEPA Filing from AMITIE Clausen reports that there is a proposed submarine cable coming across the Atlantic from New York and will brush across many cities, so it will eventually need to come to the Commission for review and approval. APPROVAL OF MINUTES November 27, 2018 The Commission reviews the draft minutes and offers edits. Herbster moves to approve Novem- ber 27, 2018 minutes as amended. Seconded by Pirrotta. The motion carries 6 -0. December 19. 2018 The Commission reviews the draft minutes and offers edits. Grandoni moves to approve the December 19, 2018 minutes as amended. Seconded by Dines. The motion carries 6 -0. ADJOURNMENT Dines moves to adjourn at 9:57 p.m. Seconded by Herbster. The motion carries 6 -0. The next regular meeting of the Conservation Commission is Tuesday, July 30, 2019 at Beverly City Hall, 3rd Floor Council Chamber.