12-15-16 BCC MinCITY OF BEVERLY
PUBLIC MEETING MINUTES
BOARD:
SUBCOMMITTEE:
DATE:
BOARD MEMBERS PRESENT:
BOARD MEMBERS ABSENT
STAFF MEMBERS PRESENT
OTHERS PRESENT:
RECORDER:
Conservation Commission
December 15, 2016
Chair Christine Bertoni, Vice Chair Robert Buchsbaum,
Richard Grandoni, Tony Paluzzi
Jenna Pirrotta & Amy Garniss
Amy Maxner, Environmental Planner
Amy Maxner
Bertoni calls the meeting to order at 7:15 p.m. at Beverly City Hall, 3 d Floor Council Chambers,
Beverly, MA.
Bertoni notes the public hearings have been closed for 50 Dunham Road, DEP File #5 -1201 and
100 Hull Street, DEP File #5 -1205 and the Commission needs to hold the discussion and
decision regarding issuance of Order of Conditions for both.
Cont: 50 Dunham Road, DEP File #5 -1201— Vitality Senior Living, LLC c/o Chris Guay
Maxner reviews the project which involves construction of a new independent senior living,
assisted living and memory care facility and associate site appurtenances. Plans are laid out for
review and reference. Maxner notes that she drafted a set of conditions for possible approval and
provided electronic copies to members prior to this meeting. The Commission reviews the draft
conditions and project plans and other documents. Bertoni notes that the applicant made all
efforts to remain outside the no disturb zone, therefore waivers are not required. Discussion
ensues as to project elements, points raised during the public hearings, City Engineer's peer
review comments and site visit observations.
There being no further discussion, Buchsbaum moves to approve the project under the State Act
subject to WPA general conditions and approve the project under the Beverly Ordinance subject
to compliance with Standard Conditions and the following Special Conditions as discussed:
1. Prior to activity /work commencing, compliance with the City Engineer's November 28,
2016 comment letter shall be provided. Revised plans and /or response information shall
be provided for the Commission's file.
2. Prior to any activity /work commencing, all conditions and requirements of the Beverly
Engineering Department's Drainage Alteration, Erosion Control and Stormwater
Management Permits shall be adhered to. Written verification of compliance with these
permits shall be obtained from the City Engineer and forwarded to the Commission or its
Agent.
3. Prior to any activity /work on site, pursuant to Paragraph #16 of the Amended Settlement
Order of Resource Area Delineation, DEP File #5 -1076 dated January 25, 2016, the limits
of Pool # 3 shall be delineated and flagged in the field. Flagging shall be reviewed by the
Commission and /or its Administrator. The "August 17, 2016 Edge of Water" label on the
approved plans does not indicate the limit of the associated vernal pool resource.
4. Prior to any activity /work on site, the limits of work shall be cordoned off with orange
snow fencing in addition to erosion controls. Orange fencing installation shall include
the limit of newly designated No Disturb Zone located to the west of the uncertified
vernal pool, Pool #3.
5. Prior to any activity /work on site, all trees slated for preservation located within any work
zones shall be clearly flagged and their drip edges cordoned off for protection from
construction impacts. Flagging and protections shall be reviewed by the Commission or
its Agent during the pre - construction meeting.
6. After final grading and rough installation of outdoor pathways, courtyards, gardens,
sitting areas (etc... ), the applicant, site contractor and Conservation Agent shall walk the
these areas and the No Disturb Zones to identify, observe and evaluate any remaining or
existing trees that may need pruning of any hazardous limbs.
7. Lighting used within the site shall be "dark sky" and designed to minimize impacts to
nocturnal wildlife and associated habitat. The proposed lighting shall be mounted on the
shortest pole height possible and the number of lights shall be sparsely distributed
adjacent to no disturb zones. Prior to installation in the field, the following materials shall
be submitted to the Commission:
a. Specifications for said lighting;
b. Specifications shall document any literature as to its wildlife - friendly design;
c. Details on bulb color and lumens;
8. Prior to the issuance of a Certificate of Compliance, the limit of all No Disturb Zones on
site shall be marked with weather resistant monuments. The monuments shall be no less
than 2 feet and no more than 4 feet above grade to ensure visibility in the field.
Monuments shall be equipped with plaques bearing language on their upland side reading
"Protected Wetland Resource No Disturbance Beyond This Point Area By Order Of the
Beverly Conservation Commission ". The as -built plan shall show locations of these
monuments. The Conservation Administrator shall inspect the installed monuments.
9. Maintaining the monuments in good condition as described above in Special Condition
#8 is required and this requirement shall survive in perpetuity beyond the issuance of a
Certificate of Compliance.
10. Installation of additional educational/natural history signage is allowable under this Order
as determined appropriate by the applicant.
11. The Operation & Maintenance of all stormwater BMP's shall be adhered to, and all
maintenance and inspection reports per the Stormwater Operation and Maintenance Plans
shall be submitted to the Conservation Agent on an annual basis no later than December
31st of each year documenting all maintenance activities for that year. This condition
shall run in perpetuity beyond the issuance of a Certificate of Compliance.
Paulzzi seconds the motion. The motion carries 4 -0.
100 Hull Street, DEP File #5 -1205 — MJP Properties, Inc. c/o Michael Panzero
Maxner reviews the project which nvolves construction of two new single - family homes and
associated appurtenances within the buffer zone to BVW, but all work is outside the 25' NDZ
with the exception of possible trimming of trees that would encroach into roof line on one of the
lots. She has provided draft conditions of approval should the Commission vote to approve.
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December 15, 2017 Meeting Minutes
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Bertoni notes that the applicant's engineer did make efforts to manage runoff from the new
impervious surface, considering this project is not subject to the stormwater standards.
Discussion ensues as to project elements, points raised during the public hearings by the
Commission and the abutters, and site visit observations. The Commission reviews and discusses
the draft conditions and project plans and other documents.
There being no further discussion, Paluzzi moves to approve the project under the State Act
subject to WPA general conditions and approve the project under the Beverly Ordinance subject
to compliance with Standard Conditions and the following Special Conditions as discussed:
1. Prior to construction or any work on site, the 25 -foot no disturb monuments /markers shall
be installed as described on the approved plan. The markers shall be no less than 2 feet
and no more than 4 feet above grade to ensure visibility in the field. Markers shall be
equipped with plaques bearing language on their upland side reading "Protected Wetland
Resource No Disturbance Beyond This Point Area By Order Of the Beverly Conservation
Commission ". Prior to any work commencing the Conservation Administrator shall
inspect the installed markers. Maintaining these markers in good condition is required
and this requirement shall survive in perpetuity beyond the issuance of a Certificate of
Compliance.
2. The limit of the proposed erosion control as depicted on the approved plan shall be
surveyed and staked in the field to ensure accurate location for installation.
3. Prior to construction or any work on site but after erosion control installation and NDZ
marker installation, the applicant, site contractor and Conservation Agent shall walk the
limit of the erosion control to identify any trees within the NDZ that will be impacted by
house or retaining wall construction on Lot 1.
4. As noted on the approved plan, the 27" beech tree located proximal to the southwest
property boundary shall be preserved. Additionally, this tree's drip edges shall be
cordoned off with snow or silt fencing to protect the root system from construction
equipment traffic and site work impacts. Preservation of this tree is an on -going condition
and should it need pruning or any kind of limb /trunk removal, such proposed work shall
be reviewed by the Conservation Commission.
5. The proposed grade elevations as shown on the approved plan shall be the maximum
allowed under this approval. Should excavated soil from house foundation construction
be used for backfill and grading on site, only that volume necessary to achieve the grades
as proposed on the approved plan shall be utilized and any excess soil shall be taken off
site to an appropriate facility.
6. The proposed rain garden on Lot 2 shall be properly maintained in perpetuity, including
weeding, replacing dead vegetation, inspecting soil for erosion and re- mulching void
areas. This obligation shall be expressed in all deeds to succeeding owners or portions of
the property. This condition shall survive in perpetuity beyond the issuance of a
Certificate of Compliance.
7. The Commission shall review and approve any proposed changes to the rain garden on
Lot 2 either during construction or after the property is sold. This obligation shall be
expressed in all deeds to succeeding owners or portions of the property. This condition
shall survive in perpetuity beyond the issuance of a Certificate of Compliance.
Beverly Conservation Commission
December 15, 2017 Meeting Minutes
Page 3 of 4
8. It shall be the responsibility of the homeowners of Lots 1 and 2 to maintain and clean all
the drywells at least once per year or more frequently if directed by the manufacturer.
This obligation shall be expressed in all deeds to succeeding owners or portions of the
property. This condition shall run in perpetuity and shall survive the issuance of a
Certificate of Compliance.
Seconded by Grandoni. The motion carries 4 -0.
Other Business
Cont: Draft Amendments to Beverly Wetlands Regulations — Review /discussion of possible
proposed amendments
Maxner notes she provided an amended draft of revisions to the Regulations electronically to the
Commission prior to this meeting, which include comments and recommendations made by the
Commission at its last meeting. She notes that she included language about dry period
observations for potential vernal pools as published by Natural Heritage that she thought the
Commission may wish to consider. She also suggests that the Commission consider language as
to multiple wetland crossings and also as other Commissioners noted last meeting language
addressing project phasing or segmentation, but she believes that special counsel and City
Solicitor can assist in crafting that language.
Members review the changes. Discussion ensues as to vernal pool definition, critical
characteristics and boundary versus the Natural Heritage and State wetland regulations. Members
offer additional revisions to the vernal pool section. Members review remaining sections that
contain revisions and discuss potential language for multiple wetland crossings and
segmentation.
Maxner asks members if they feel comfortable with taking these changes as discussed to special
counsel and City Solicitor for review and input. Members agree. Buchsbaum moves to send the
revisions to date to special counsel Jeff Roelofs and City Solicitor for further review and
guidance on other potential language for wetland crossings and project segmentation. Seconded
by Paluzzi. The motion carries 4 -0.
There being no further business to discuss, Paluzzi moves to adjourn the meeting at 9:20 p.m.
Seconded by Grandoni. The motion carries 4 -0.
The next regular meeting of the Commission is Wednesday January 4, 2017 at City Hall 3 d Floor
City Hall.
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December 15, 2017 Meeting Minutes
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