11-05-16 BCC MinCITY OF BEVERLY
PUBLIC MEETING MINUTES
BOARD:
SUBCOMMITTEE:
DATE:
BOARD MEMBERS PRESENT:
BOARD MEMBERS ABSENT
STAFF MEMBERS PRESENT
OTHERS PRESENT:
RECORDER:
Conservation Commission
November 5, 2016
Chair Christine Bertoni, Vice Chair Robert Buchsbaum,
Jenna Pirrotta, Tony Paluzzi
Amy Garniss & Richard Grandoni
Amy Maxner, Environmental Planner
Jane Dooley
Bertoni calls the meeting to order at 10:15 a.m. at Beverly City Hall, 3 d Floor Conference Room
B, 191 Cabot Street, Beverly, MA.
Discussion Re: Decision & Issuance of Order of Conditions for 17 Riverview Street and
675E Hale Street
Cont: 17 Riverview Street, DEP File #5 -1194 — construct workshop building, install new
ramp and floats and perform various landscape repairs — Elizabeth Jones
Discussion ensues as to performance standards under the State Act. Paluzzi moves to approve
the project under the Act subject to general conditions. Seconded by Pirrotta. The motion carries
4 -0.
Discussion ensues as to performance standards under the Ordinance Bertoni moves to approve
the project under the Ordinance with Bertoni noting alternatives are limited to the lot as its
existence and development with a single family house and associated appurtenances pre -dated
the Riverfront and local Beverly regulations and the proposed structure is located as far from the
river and as far outside the 25' NDZ as possible considering zoning and site maneuvering
constraints. Maxner notes the proposed pier is a water dependent use and necessitates the
placement of the pier and its associated structures within the wetland resource. Buchsbaum
notes that the proposed 252 square feet of enhancement plantings along the bank and within the
25' NDZ provide adequate mitigation for said incursions.
Bertoni moves to approve the project under the Ordinance and grant the waiver, issue standard
conditions and the following special conditions as discussed:
1. Prior to work commencing on the pier, float or gangway, a revised plan shall be
submitted showing details of tackle and associated appurtenances for these structures.
2. Prior to work commencing on the pier, float or gangway, the applicant shall investigate
the use of helical anchors in the place of the proposed concrete anchor block and chains.
A written opinion from a qualified helical anchor installer as to why use of helical
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anchors are or are not feasible in this location shall be forwarded to the Commission for
review.
3. The use of non -CCA treated lumber shall be required for all parts of the pier and floats
where feasible.
4. Piles for the pier shall be driven and not jetted. As described by the applicant
representative during the public hearing, installation of the piles shall take place from a
barge floated in at high tide and supported by spuds at low tide.
5. A minimum of 18 inches between the bottom -most horizontal member of the float and the
mud flat surface shall be maintained even with any float foot settling.
6. Should the proposed flat stone float foot supports prove not effective in stopping float
feet from sinking into mud flat substrate, the applicant shall explore using skids to
achieve required separation. If skids are to be used, a revised plan with skid detail shall
be submitted to the Conservation Commission for review and approval. This condition
shall survive in perpetuity beyond the issuance of a Certificate of Compliance.
7. Should any part of the pier, gangway, float or associated structures be damaged,
dislodged and washed away, the owner shall be responsible for recapturing and collecting
said material for proper disposal. This condition shall survive in perpetuity beyond the
issuance of a Certificate of Compliance.
8. The owner shall be required to report to the Conservation Commission if 50% or more of
the pier and associated structures are damaged. The Conservation Commission shall
review damage report and provide guidance as to proper permitting for repairing
damaged sections of the structure. This condition shall survive in perpetuity beyond the
issuance of a Certificate of Compliance.
9. As described during the public hearing by the applicant and representative, the terminal
float shall be equipped with a winch to haul any watercraft up on to the float for storage.
Therefore watercraft of any kind shall not be allowed to ground out at low tide. This
condition shall survive in perpetuity beyond the issuance of a Certificate of Compliance.
10. If the float and gangway is removed seasonally they shall be moved and stored in and
upland location outside flood zone for winter storage and care shall be taken to protect
them before major storm events. This condition shall survive in perpetuity beyond the
issuance of a Certificate of Compliance.
11. If any work is proposed on the existing retaining wall or rip rap retaining wall/seawall the
applicant shall present such proposed work to the Commission for its determination as to
whether this Order should be modified amended or a new NOI be submitted.
12. The existing trees located along the westerly property line, labeled as "save these trees"
on the approved plan, shall be preserved and only minimally pruned.
13. Removal of the existing waterside wooden platform and stairs on coastal bank is a
requirement of this Order.
Seconded by Paluzzi. The motion carries 4 -0.
Cont: 675E Hale Street, DEP File #5 -1196 — dredge pond — Christopher & Hillary Gabrieli
Discussion ensues proposed mitigation is proposed with planting of native vegetation. The
Commission reviews how the Ruppia will be moved to allow dredging of sediment in the pond
and how it could successfully survive once placed back on the bottom of pond. There was also
mention of need for information about a designed pilot program for dredging where Ruppia
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(including density in the pond) is an element of a project and effective survival. In addition, that
such a pilot program could be done by May as a precursor to the Commission permitting a full -
fledged pond dredging project. At that time the Commission would go on site to confirm that
Ruppia is surviving the dredging.
The Commission members agree that it needs more information on the efficacy of proposed
transplantation of the Ruppia (no more than a quarter, or possibly a tenth, of the plant material
located in the pond — possibly area 8 or 9 and no further than the eastern shore of the island)
especially associated with the likelihood of survival success. Maxner notes this could delay the
work on the proposed complete dredging project for another season.
Bertoni notes that it needs to be clear that his Order of Conditions permits the applicant to carry
out a controlled portion/subsection of the dredging in order to gather more information as to the
means and methods necessary to protect the functions, values and interests of the wetland
resource areas. Members agree.
Buchsbaum moves to issue approval subject to compliance with the following conditions as
discussed:
1. The applicant shall provide additional information as to the estimated coverage of Rupia
maritina within the pond so that a baseline of locations and overall density of the plant
can be established prior to undertaking any activity.
2. The applicant shall provide additional information to clarify rationale for management of
Hibiscus (if any) and provide more detail on landscape plantings (if any) in the project
vicinity.
3. The applicant shall prepare /design a protocol for dredging an area of the pond that is no
greater than the combined square footage of Area 8 and 9 as depicted on the proposed
plan. The location of this subsection of dredging within the pond can be at the applicant's
discretion depending on known site conditions and pond access logistics. The protocol
shall, at a minimum, include the following information:
a. Location and square footage of dredging subsection;
b. Proposed erosion controls;
c. Estimated s.f coverage of R. maritma within dredging subsection;
d. Step by step process and description of equipment for handling R. maritima
during removal, holding and transplanting;
e. Outline as to the equipment and personnel to be employed during dredging and R.
maritima management and their respective function, roles, oversight and
supervision;
f. Estimation of volume of surge stone to be used for causeway access within the
pond;
g. Project milestones at which site inspections with the Commission or its Agent
should take place;
4. This protocol shall be presented to the Commission at a regular meeting for review and
comment.
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5. The dredging subsection and associated protocol shall be carried out with appropriate
supervision as prescribed /necessary, including any comments or recommendations
offered by the Commission.
6. Project principles shall evaluate success /failure of the dredge subsection process /protocol
and R. maritina transplanting efforts. This evaluation shall inform the protocol as to
revisions for process /procedures of all steps involved to be applied to the entire proposed
dredge area.
7. The evaluation and updated protocol shall be presented to the Commission under a
request for an Amended Order of Conditions for the entirety of the project. Under the
Amendment process, the Commission will then have additional information not currently
available to fully condition the entire project and make further findings as appropriate.
Seconded by Pirrotta. The motion carries 4 -0.
Other Business
New: Draft Amendments to Beverly Wetlands Regulations — Chart Review and
Adoption Schedule
The Commission schedules a weekday evening meeting (Thursday, December 15 at 7:00 p.m.) to
discuss amendments to Beverly Wetlands Regulations.
Other... Extensions, Emergency Certifications, Enforcement Orders, Correspondence
11 Landers Drive — Tree Removal Request
The Commission reviews a request to remove two conifer trees located directly adjacent to the
southeast corner of the house within the outer reaches of the 100 -Foot Buffer Zone to bank of the
pond at 11 Landers Drive. Maxner provided photos of the subject trees for their review and
explained that the trees are planted within a landscape bed and causing mold issues being so
close to the house. Paluzzi moves to approve the removal request subject to the following
conditions:
• If tree stumps are to be ground out, the cuttings should be taken off site;
• Should you propose to replant in that area, please contact me to ensure that appropriate
native species will be installed.
Seconded by Bertoni. The motion carries 4 -0.
55 Beaver Pond Road — Tree Removal Reauest
Maxner notes that the arborist evaluation explained that the two white pines are located within
striking distance of the house at 55 Beaver Pond Road, and they are located on the hillside which
is experiencing soil erosion that may start to compromise the root structure and are within the
outer reaches of the 100 -Foot Buffer Zone to the bank of Beaver Pond. She notes the pond is
located across the street from the subject property. She provided photos of the subject trees for
the Commission's review. Paluzzi moves to approve removal of two trees subject to the
following conditions:
• A crane shall operate from the driveway and front side of the house and not any further
into the buffer zone.
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• The trees shall be flush cut to grade and not ground out. The root structure shall be left
untouched.
• All debris associated with the removal of these two trees shall be taken off site for
disposal at an appropriate facility.
Seconded by Bertoni. The motion carries 4 -0.
62 Dunham Road — Wetland Delineation /Settlement
Maxner reports on her review of the previously delineated wetland line per the settlement
agreement that she observed in the field along with John Maestranzi and Bill Manuell. The limit
of the buffer zone has been staked in the field and the erosion control will be refreshed (in certain
spots double row of staked hay bales will be needed). She notes that the wetland line is
somewhat conservative and seems reasonable. She notes that the proposed Iron Tree building
and associated site work is outside the 100 -foot buffer zone.
Paluzzi moves to approve wetland line confirmation/building permit sign off. Seconded by
Buchsbaum. The motion carries 6 -0.
Approval of minutes
Paluzzi moves to approve the May 3, 2016 minutes as amended. Seconded by Buchsbaum. The
motion carries 4 -0.
Paluzzi moves to approve the May 25, 2016 minutes as written. Seconded by Buchsbaum. The
motion carries 4 -0.
Expenditure Approvals
Paluzzi moves to renew Conservation Commission membership to Ipswich River Watershed
Association for $100 at the "Friend" level. Seconded by Bertoni. The motion carries 4 -0.
Paluzzi moves to approve reimbursement to Amy Maxner for the 4 -month period from July —
October 2016 of $174.60 for 388 miles that she accumulated while carrying out Conservation
Commission tasks /business. Seconded by Buchsbaum. The motion carries 4 -0.
Adjournment
Paluzzi moves to adjourn at 12:30 p.m. Seconded by Buchsbaum. The motion carries 4 -0. The
next regular meeting of the Conservation Commission is Wednesday, November 16, 2016 at
Beverly City Hall, 3rd Floor Council Chamber.