05-04-16 BCC MinCITY OF BEVERLY
PUBLIC MEETING MINUTES
BOARD:
SUBCOMMITTEE:
DATE:
BOARD MEMBERS PRESENT
BOARD MEMBERS ABSENT:
STAFF MEMBERS PRESENT:
OTHERS PRESENT:
RECORDER:
Conservation Commission
May 4, 2016
Chair Christine Bertoni, Vice Chair Robert Buchsbaum,
John Donnelly, Richard Grandoni, Tony Paluzzi, Bill
Squibb
Amy Maxner, Environmental Planner
Jane Dooley
Bertoni calls the meeting to order at 7:00 p.m. at Beverly City Hall, 3 d Floor Conference Room,
191 Cabot Street, Beverly, MA.
CERTIFICATES OF COMPLIANCE
Cont: Folger Avenue Extension, DEP File #5 -859 — construct stormwater conveyance
system with check dam and rip rap velocity reducers within Riverfront Area and Buffer
Zone to Coastal Bank to service a cluster subdivision — Bass River Beverly, LLC c/o Joseph
Phalen III
Maxner explains the Order, issued in September of 2004 governed construction of a stormwater
conveyance system with check dam and rip rap velocity reducers within Riverfront Area and
Buffer Zone to Coastal Bank to service a cluster subdivision which is outside of jurisdictional
area.
The following Special Conditions were issued as part of the OOC:
1. Pre - Construction photographs of the areas designated for the scour hole with velocity reducer
and along length and at the terminus of the proposed stone drainage swale shall be submitted to
the Conservation Commission for review. This condition has been satisfied.
2. Quarterly monitoring reports shall be submitted to the Conservation Commission for one year
after construction of the subdivision is complete to monitor the function and conditions of the
scour hole and velocity reducer, stone swale and conditions at the final discharge point.
Photographs of the scour hole, stone swale and discharge points shall be submitted as part of the
monitoring reports. The monitoring reports reflect that the subdivision was just finished.
Maxner reports that the site is stable with no erosion or scour. The developer is working toward
releasing the street to the City so it will be a public road and drainage system. There are standard
perpetual conditions. Paluzzi moves to issue a Certificate of Compliance for DEP File #5 -859
with standard perpetual conditions. Seconded by Donnelly. The motion carries 6 -0.
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New: Folger Avenue, DEP File #5 -893 – construct pier – Bass River Beverly, LLC c/o
Joseph Phalen III
Maxner explains, the Order, issued in October of 2005, was for construction of a 40 -foot
aluminum ramp /bridge, 300 -foot long pile supported wooden pier, 24 -foot aluminum gangway
and six terminal pile supported main floats and six finger floats within a number of wetland
resource areas. No work was done under the Order.
Paluzzi moves to order a Certificate of Compliance indicating that this is an invalid Order of
Conditions, the work regulated by the above - referenced Order of Conditions never commenced.
The Order of Conditions has lapsed and is therefore no longer valid. No future work subject to
regulation under the Wetlands Protection Act may commence without filing a new Notice of
Intent and receiving a new Order of Conditions. Seconded by Grandoni. The motion carries 6 -0.
Recess for Public Hearings
Paluzzi moves to recess for public hearings. Seconded by Buchsbaum. The motion carries 6 -0.
NOTICE OF INTENT
Cont: 1 Water Street, DEP File #5 -1180— City of Beverly c/o Robert Dever, Project
Coordinatnr
Josh Zall with GZA Environmental, representing the applicant, and Rob Dever Project
Coordinator for City of Beverly are present. Zall explains the City proposes to remove bottom
anchored float system and replace with 14 new steel 16" guide piles within land under the ocean
(LUO), which results in a reduction of impact within LUO from 965 square feet down to 20
square feet. Action with Chapter 91 and Army Corps of Engineers is ongoing, and a MEPA letter
will explain that an ENF is not required. A letter from Division of Marine Fisheries defines how
the concrete block work can occur with restrictions associated with spawning and development
of winter flounder from February 15 to June 30 so there is a fall schedule for work after boating
season.
In response to Paluzzi, Zall explains that blocks will be installed temporarily for this season to
stabilize the system, and then pulled out by lifting to minimize movement of sediment. Borings
were done under the prior project, DEP File #5 -881. In response to Bertoni's question, the steel
piles will be driven (vibratory or impact hammer) by a barge (80' long by 30' wide) likely during
low tide where there is sufficient depth so it will remain floating. Zall notes he /GZA will be
involved in the bidding process and monitor work. Forced water is used to remove sediment
from piles surrounded by turbidity curtains. The concrete operation may be staged from the land
and there is no mixing of concrete with displaced water.
Bertoni asks if there are any questions from the audience. There are none.
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There being no further questions or comments, Donnelly moves to close the hearing. Seconded
by Paluzzi. The motion carries 6 -0.
Reconvene Regular Meeting
Paluzzi moves to reconvene the regular meeting. Seconded by Grandoni. The motion carries 6 -0.
Old/New Business
New: 43 Brackenbury Lane, DEP File #5 -1175 — update on site activities /uses pending
appeal — Scott Rouisse c/o Robert Griffin, Griffin Engineering Group, LLC
Bob Griffin representing the applicant provides an update on the project since the Commission
issued an Order of Conditions and neighbors Mr. & Mrs. Brusil filed an appeal with DEP. A site
walk with DEP will occur next Tuesday. He explains that in the meantime the applicants need to
move forward with improvements to the property given the condition of the existing building. He
believes that all work proposed for the structure should occur without triggering the interest of
the Wetlands Protection Act.
He explains the applicants are living in a temporary trailer at the site for the summer on top of
lawn with temporary fencing for children and dogs as building work proceeds. Bertoni noted that
the trailer is in part of the buffer zone immediately adjacent to the stream, but she believes it is
not endangering or impacting the wetland as it is a temporary situation. Access through Ancient
Way is still possible. Griffin explained an electrical hook -up to the trailer needs a permit with the
Building Department.
Griffin describes how there is room with the existing driveway for roll off containers, dump
trucks and pickup trucks associated with the demolition and construction work on the house only.
Erosion control will be installed at the limit of work. Maxner will follow up with Griffin
regarding the erosion control installation. A contractor was hired to remove all asbestos in the
house including removal of basement windows. These openings will be replaced with flood vents
if vents are deemed necessary. Discussion ensued about how the appeal could take from six to
nine months. All proposed work in the house is compliant with the building code. The
Commission thanks Griffin for the update and looks forward to the outcome on the appeal with
DEP.
New: 131 McKay Street, DEP File #5 -1142 — request for Minor Modification to Order of
Conditions — Windover McKay,
Mike Cappachetti, Meridian Associates, representing the applicant speaks to request for minor
modification to the Order issued in February 2015 associated with reconfiguring the approved
garden and remove the approved gravel bocce court and volleyball court all outside of the buffer
zone. The planting beds will be reconfigured to incorporate a picnic table, a potting table and
small storage unit to store hand gardening tools. This is for a community garden for the
development and there will be timbers blocking in the area with pea stone walkways. Discussion
ensues about standard condition in the Order regarding no use of herbicides, pesticides, and
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fungicides with 100 feet of wetland. This condition can be modified associated with community
garden for the residents. The area around the garden would be grassed so infiltration of runoff
would be better than with the previously proposed gravel bocce court. Compost bins are
proposed where garden waste can be disposed of by gardeners.
Paluzzi moves to approve the changes and issue a Minor Modification. Seconded by Buchsbaum.
The motion carries 6 -0.
New: Reauest to Utilize Conservation Commission Held Land (Man 65 Lot 4) for
Staging /Stockpiling Related to 102 Cherry Hill Drive Development — Stephen I Connolly
IV
Project developer Stephen Connolly addresses the Commission and describes how an 80,000
square foot, manufacturing /office building is being permitted at 102 Cherry Hill Drive. The
request is to stockpile loam (25' high) where it will be screened on the City's land immediately
adjacent to 102 Cherry Hill Drive held by the Commission. He notes that the stockpile area
would be outside of the buffer zone and is currently a scrubby shrubby environment. This is to
facilitate the construction process. He explains the area would be loamed and seeded at the
conclusion of the project to return to a meadow. About 10,000 cubic yards of material will be
exported from the five to six acre site and an area on gently sloping hill will be filled with
removed loam. Construction is proposed to start in two to three weeks. There is a goal to get the
construction done and slopes loamed and seeded no later than September 15, 2016 to avoid
erosion during the winter.
Buchsbaum raises concern that this would trigger Article 97 proceedings and set a prescedent for
use of Commission held land. Discussion ensues as to the Commission's charge to keep the land
in its natural state, with Bertoni noting that clearing the shrubby environment for stockpiling and
then only loaming and seeding is essentially converting one habitat to another and altering the
land. Bertoni notes she would like to read the deed and consutl with the City Solicitor as she
believes this is not a straightforward process. Buchsbaum believes it is not appropriate use of
Commission land to facilitate a private development and therefore the proposal would not meet
criteria for Article 97 disposition. Donnelly and Grandoni concur and suggest that the request be
denied.
Connolly describes how there is a tight schedule to do the construction starting the project in
three weeks getting site work done, paving and installing drainage system as well as getting grass
growing. Also, how the building will house job opportunities for the City. Connolly asks the
Commission to table the request and review the deed where Flatley maintained in the deed. He
suggests the City Solicitor could be consulted (Article 97 implications) and Connolly could come
to the Commission's meeting on May 25, 2016.
Squibb moves to table this request until the Commission's May 25, 2016 meeting pending
consultation with the City Solicitor and review of deed. Seconded by Paluzzi. The motion carries
6 -0.
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New: 1 Thomas Road — tree removal reauest — Marc Fri
Marc Frigon describes how he is working with an arborist from Iron Tree and one red oak tree
within 100 feet of wetlands behind his house that is not healthy and he is concerned about it
falling on his house. There are a few oak trees along the side of the house that will have hazard
pruning performed, and one smaller tree removed in front of the driveway that is 50 feet from
wetland. He notes the stump for the tree close to the wetland will be flush cut to grade. Hazard
pruning will also occur in the front of the house associated with power lines. National Grid took
down a tree in front of the house and this stump will be ground out.
Paluzzi moves to approve the tree cutting as described, with the following conditions:
• Removal of the large Red Oak located approximately 20 feet off the rear of the right side
of the house and adjacent to Bordering Vegetated Wetland (BVW).
• Removal of one smaller deciduous trees proximal to the street at the front of the house, in
the outer reaches of the 100 -foot buffer zone to the BVW.
• A crane shall operate from the driveway and front side of the house and not any further
into the buffer zone.
• The Red Oak behind the house shall be flush cut to grade and not ground out. The root
structure shall be left untouched.
• The smaller deciduous tree at the street may be ground down, but the root structure
should be left in the ground.
• Limbing of other trees on the property is allowed to remove dead hazardous branches and
interference with power lines.
Seconded by Squibb. The motion carries 6 -0.
New: 550 Cabot Street — Eagle Scout Trail Project — William Cicci, 11 Troop 6, Eagle Scout
Candidate
Eagle Scout William Cicci addresses the Commission and proposes as part of his Eagle Merit
Badge to clean up trash in the wooded area and put a trail in next to the wetland for the children
to explore. He explains he is proposing an 8' to 10' bridge /plank structure over mud. Discussion
ensues about how the proposed trail must to stay outside of wetland, and that flagging of wetland
could be reestablished by the property owner's wetland consultant. Cicci would like to do the
work in late May or early June. He mentions that dead trees on the ground could be used to
define the edge of trail.
Maxner and Squibb agree to visit site with Cicci after the flags are re- established to determine
where a trail could be located without any activity within the 25' No Disturb Zone and provide
further guidance on the proposal. Donnelly notes that this exercise would allow Cicci to create a
scaled plan.
New: Review of Minor Project Permits Issued by Agent since last meeting
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No new Minor Project Permits were issued aside from 50 Dunham Road test tips 85+ feet from
the edge of wetland which the Commission approved directly.
New: Expenditure Approvals
Paluzzi moves to reimburse Amy Maxner $55.00 for mileage reimbursement for 275 miles (275
x .20 /cents /per mile) for the 4 -month period of January through April 2016. Seconded by
Grandoni. The motion carries 6 -0.
Minor Modification Request: 3 Silver Court, DEP File #5 -1130
Maxner explains the Order issued in September 2014 governs a small addition and extension of a
deck. The deck has been scaled down than originally proposed (8' by 13') with reduction in
surface area of deck and number of sonotubes. The new deck section would be (6' by 5'), and
she provides members with the revised plan to review.
Paluzzi moves to approve the Minor Modification at 3 Silver Court as described. Seconded by
Squibb. The motion carries 6 -0.
Orders of Conditions
Bertoni notes that the Commission tabled discussion on some of the Orders of Conditions from
last night in favor of considering them this evening.
1 Water Street, DEP File #5 -1180— City of Beverly c/o Robert Dever, Project Coordinator
Discussion ensues about standard conditions and potential special conditions.
Buchsbaum moves to approve the project udner the State Act with General Conditions and
approve the project under the Ordinance and issue the Order of Conditions with Standard
Conditions and the following Special Conditions as discussed:
1. Pursuant the Division of Marine Fisheries' May 2, 2016 comment letter, the prohibition
of in -water work between February 15 and June 30 of any year shall be adhered to.
2. Booms /turbidity curtains shall be employed around each area of work, and sediment
allowed to settle before removal.
3. If a barge is used to accomplish any work on the project, it shall be floated in during high
tide and it may sit and be elevated on spuds on the beach/mud flats at low tide and shall
not be allowed to bottom out on the beach.
4. Fuel spill containment system shall be on site /on barge prior to construction. Said system
shall be observed by a representative of the Conservation Commission during the pre -
construction meeting.
Seconded by Paluzzi. The motion carries 6 -0.
20 Elnew Avenue, DEP File #5 -1177 – construct new single family house & attached garage
– Michael Chitro, Chitro Family Series, LLC Lot 20 Fair Acre Series
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Discussion ensues on the project, with Maxner reminding the Commission that it will be making
separate decision under the Act and the Ordinance. Members review the file materials and
discuss the flooding issues in the vicinity.
There being no further discussion, Paluzzi moves to approve the project under state Wetlands
Protection Act subject to general conditions. Seconded by Buchsbaum. The motion carries 5 -1
with Grandoni opposed.
The Commission extensively discuss the Ordinance criteria. The Commission discuss findings
under the Regulations Section VC.
There being no further discussion, Buchsbaum moves to approve the project under the Ordinance
subject to Standard Conditions and the following Special Conditions:
1. By way of courteous disclosure and notification to any potential builder or buyer of the
subject property, said parties should be aware of the shallow groundwater and flooding
conditions on site which may impact house design. A full basement could potentially
experience flooding, making its utility limited and necessitating proper drainage.
2. The project wetland consultant shall immediately forward any data relative to BVW,
vegetation or soils that he recorded in his review of the LEC wetland delineation.
3. Prior to construction and Conservation Commission sign -off on any building permit
( "foundation only" or otherwise) final house plans and proposed foundation /basement
plans shall be submitted to the Conservation Commission for review. Commission
review is to ensure that proposed drainage management features will not cause negative
impacts to the wetland resource or associated buffer zone. Said review shall be placed on
a regular meeting agenda of the Commission.
4. Prior to construction and Conservation Commission sign -off on any building permit
( "foundation only" or otherwise) a revised site plan shall be submitted showing methods
and location of proposed dewatering for any excavations.
5. As discussed with and agreed to by the project consultant on behalf of the applicant
during the May 3, 2016 hearing, the proposed limit of work (i.e. edge of erosion control
siltation barrier as well as the edge of "disused footpath" to the west meeting the edge of
Elnew Avenue) shall constitute the limit of the No Disturb Zone (NDZ) in perpetuity.
Prior to building permit sign off ( "foundation only" or otherwise) a revised plan shall be
submitted to the Conservation Commission depicting this new limit of the NDZ.
6. Prior to building permit sign off ( "foundation only" or otherwise) the existing piles of
debris, lawn and yard waste that have been historically dumped along the pathway shall
be removed and properly disposed of off -site. The Conservation Administrator shall
inspect the area once it has been cleaned of said debris.
7. Prior to Conservation Commission sign off of a Certificate of Occupancy, the limit of the
entire No Disturb Zone shall be demarcated in the field with weather resistant
monuments to be installed at 35 -foot intervals (for a total of 5 monuments). These
markers shall have plaques attached bearing language on their upland side reading
"Protected Wetland and Buffer Zone Area No Disturbance Beyond This Point By Order
Of the Beverly Conservation Commission ". Said monuments shall be installed such that
they are not less than 2 feet and no more than 4 feet above grade to ensure that it is
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visible in the field. The Conservation Administrator shall inspect the monuments once
they are installed.
8. The markers as described in Special Condition #6 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.
9. Prior to Conservation Commission sign off of a Certificate of Occupancy, the proposed
mitigation plantings, seeding and 3 Hemlock trees shall have been installed. The
Conservation Administrator shall inspect the plantings once they are installed.
10. The proposed mitigation plantings shall exhibit an overall survivorship of at least 75%
two years post installation. The proposed Hemlock trees shall be not less than 2'inches in
caliper and shall exhibit 100% survivorship two years post installation. A qualified
wetland scientist shall evaluate the plantings for survivorship and provide a summary
report to the Commission prior to the issuance of a Certificate of Compliance. If the
Hemlock trees show signs of Wooly Adelgid infestation, they shall be removed and
replaced with White Pine of same caliper.
Seconded by Paluzzi. The motion carries 6 -0.
675A & B Hale Street, DEP File #5 -1181 — implement aquatic plant management program
in Vogel Pond — Adam Steinmetz
Discussion ensues as to potential conditions for the project. Bertoni notes that prohibiting the
replacement of the guardrails needs to be called out in the Findings, members agree.
There being no further discussion, Paluzzi moves to approve the project under state Wetlands
Protection Act subject to general conditions. Seconded by Buchsbaum. The motion carries 6 -0.
Criteria under the Ordinance is discussed. Potential conditions are reviewed and discussed. There
being no further discussion, Buchsbaum moves to approve the project under the Ordinance
subject to Standard Conditions and the following Special Conditions:
1. This Order of Conditions and set of Special and Standard Conditions as issued under
DEP File #5 -1181 supersedes all previous Orders of Conditions and Certificates of
Compliance (e.g. DEP File #5 -838 and DEP File #5 -697) that have been issued for
management of this pond.
2. The applicant shall submit a request for Certificate of Compliance to the DEP to close out
the outstanding Superseding Order of Conditions, DEP File #5 -697 no later than 1 year
from the date of issuance of this Order (May 24, 2016).
3. Prior to any activity undertaken under this Order, the applicant or his /her designee shall
present to the Commission a valid BRP WM 04 Permit for the application of aquatic
herbicides and /or algaecides for the target invasive /nuisance species.
4. All application of herbicides /algaecides approved for use under this Order shall be
applied by an applicator licensed by the MA Department of Agricultural Resources,
Pesticide Bureau.
5. The applicant shall notify the Beverly Conservation Commission (BCC), the Department
of Environmental Protection (DEP), and both immediate and down - stream abutters in
writing at least 72 hours before any activities (including pond draw down and chemical
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applications) are to begin on the project site. Notification to abutters shall include the
names of every resident /owner at each downstream property. The applicant shall also
provide the BCC, the DEP and the downstream abutters with the name(s), address(es) and
telephone number(s) of the person(s) responsible for ensuring on -site compliance with
this Order of Conditions and his or her alternative.
6. The pond shall be drawn down 3 -6 inches prior to any chemical treatments. Such draw
down shall be done gradually so as not to cause any downstream flooding or unusual
peak rate of runoff.
7. The applicant shall place sandbags around the dam prior to any chemical treatments to
temporarily prevent any leakage from the dam in the event of a rain event during the
chemical treatment period.
8. During hydro - raking, siltation controls shall be utilized to prevent and minimize
downstream siltation to resource areas.
9. All hydro - raking material shall be containerized in steel dumpsters that are water tight
and disposed of at an appropriate off -site facility.
10. The applicant shall provide the BCC and the DEP with annual monitoring reports for
each of the three years detailing the chemical treatments and their effectiveness.
11. Following completion of the project under the life of this Order, the applicant shall
submit a request for Certificate of Compliance which shall include an affidavit signed by
the licensed applicator stating that the aquatic vegetation has been treated in accordance
with the Conditions of this Order.
12. The use of fertilizers on the applicants' lawn abutting the pond is hereby prohibited. This
condition is on- going /perpetual and shall survive beyond the issuance of a Certificate of
Compliance.
Seconded by Squibb. The motion carries 6 -0.
Rear McKay Street, Map 41 Lot 164, DEP File #5 -1142 — perform invasive species
management and selective viewscape pruning — Windover Development c/o Kristen Poulin
Extensive discussion ensues on the project. The Ordinance waiver criteria are reviewed and
potential conditions are discussed.
Donnelly moves to approve the project under the State Act with General Conditions and approve
the project under the Ordinance and issue the Order of Conditions with Standard Conditions and
the following Special Conditions as discussed:
1. Prior to work commencing, not less than 4 DEP File signs shall be installed at vantage
points highly visible by the public. Said signs shall contain the following language (or
similar messaging) and be sized appropriately to ensure easy legibility and visibility:
"This wetlands permit file # governs a habitat restoration project that includes
invasive plant species removal and management, vista pruning and replanting the
area with native plant species. "
2. Prior to cutting any of the Norway Maple trees, said trees shall be flagged and reviewed
in the field with the applicant's project wetland scientist and Commission representative.
This condition is to assess the condition size of said trees.
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3. Immediately after invasive species removal, but before vista pruning is performed, a plan
must be submitted to the Conservation Commission and presented at a regular meeting,
that depicts the following:
a. Areas of significant invasive species removal/clearing (noting approximate square
footage);
b. A plant schedule listing native species, specimen size and quantity to be installed
for the entire restoration area;
c. Areas slated to receive native plantings (noting approximate square footage and
proposed species and general specimen location);
d. All Norway Maple trees removed shall be replaced with native Sugar Maple and
Red Maple trees of appropriate caliper and so noted on the plant schedule and
plan;
4. Based on the Commission's review of the plan described in Special Condition #3 above,
the Commission hereby reserves the right to further condition the project via a Minor
Modification.
5. A written and signed agreement between the applicant and owner of the parcel on which
this project is taking place shall be submitted to the Commission for its file. This is to
ensure that any agreement between the applicant and owner of the property shall
prescribe responsibility for compliance with this Order of Conditions.
6. The licensed herbicide applicator personnel shall monitor the application rate so as not to
exceed EPA/DEP allowable quantities per land area.
7. Monitoring of invasive species removal and survival of native plantings shall be carried
out not less than 5 years, with an annual report detailing yearly results and management
efforts to be submitted to the Conservation Commission upon availability.
8. Native plantings shall exhibit at least 75% survivorship, with any trees exhibiting 100%
survivorship.
Seconded by Paluzzi. The motion carries 6 -0.
133 Common Lane, DEP File #5 -1182 — construct accessory parking and associated
landscaping — Joanna &
Stephen Catalucci
Discussion ensues as to possible conditions to issue for the project. Paluzzi moves to approve
the project under the State Act with General Conditions and approve the project under the
Ordinance and issue the Order of Conditions with Standard Conditions and the following Special
Conditions as discussed:
1. The project engineer or qualified wetland professional shall supervise the construction of
the rain garden to ensure its proper function.
Seconded by Squibb. The motion carries 6 -0.
ADUroval of Minutes
Paluzzi moves to approve the December 8, 2015 minutes as amended. Seconded by Squibb. The
motion carries 6 -0.
Adjournment
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Paluzzi moves to adjourn at 10:15 p.m. Seconded by Squibb. The motion carries 6 -0. The next
regular meeting of the Conservation Commission is Wednesday, May 25, 2016 at Beverly City
Hall, 3 d Floor Council Chambers, 191 Cabot Street.