03-23-17 BCC MinCITY OF BEVERLY
PUBLIC MEETING MINUTES
BOARD:
SUBCOMMITTEE:
DATE:
BOARD MEMBERS PRESENT:
BOARD MEMBERS ABSENT
STAFF MEMBERS PRESENT
OTHERS PRESENT:
RECORDER:
Conservation Commission
March 23, 2017
Chair Christine Bertoni, Vice Chair Robert Buchsbaum,
Amy Garniss, Tony Paluzzi, Jenna Pirrotta, Richard
Grandoni
None
Amy Maxner, Environmental Planner
Ben and John Zobba
Jane Dooley
Bertoni calls the meeting to order at 7:00 p.m. at Beverly Library, 32 Essex Street, Beverly, MA.
Bertoni holds a moment of silence for Renee Mary, Beverly resident, who passed away recently.
CERTIFICATES OF COMPLIANCE
New: Exit 19 Route 128 Brimbal Avenue interchange, DEP File #5 -1131 — City of Beverly
c/o Greg St. Louis, City Engineer
Maxner notes the Commission issued an Order in September of 2104, that governed the
reconstruction of the Rt.128 connector road with roundabouts, reconstruction and widening of
sections of Brimbal Avenue and Sohier Road, and installation of stormwater BMP's. The project
is complete and the Commission issued standard conditions and two special conditions:
1. 100% construction plans shall be submitted and formally presented to the Conservation
Commission with a narrative that details the differences between these and the plans that
were presented to the Commission during the public hearing. This condition was
satisfied.
2. All long term maintenance and inspection reports per the Stormwater Operation and
Maintenance Plan and Long Term Pollution Prevention Plan dated August 11, 2014 shall
be submitted to the Beverly Conservation Commission Office on an annual basis no later
than December 31st of each year. The State is responsible for the ramp and structures in
the detention pond. The City is responsible for catch basins within Brimbal Ave. This is a
long term condition.
Maxner notes she held a site inspection with Greg St. Louis, and reports there was no
outstanding issues observed. Bertoni notes that she observed water levels in the detention basin,
which seemed high and at the limit of the basin berm. Maxner will make sure this is brought to
St. Louis' attention for monitoring.
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March 23, 2017 Meeting Minutes
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Paluzzi moves to issue a Certificate of Compliance with on -going conditions. Seconded by
Bertoni. The motion carries 6 -0.
RECESS FOR PUBLIC HEARINGS
Paluzzi moves to recess for public hearings. Seconded by Bertoni. The motion carries 6 -0.
ABBREVIATED NOTICES OF RESOURCE AREA DELINEATION
New: 20, 30 & 40 Webster Avenue — Benco LLC c/o Ben Carlson
Maxner reads legal notice. Bob Griffin representing the applicant describes the appliation to
review and confirm extend and character of wetlands delineated on site. He notes variations in
zoning on Webster Avenue and multiple as well as single family housing at 20, 30 and 40
Webster Avenue. He describes site features including ledge and moderate terrain draining toward
conservation land. He notes Bill Manuell flagged the wetlands in the October, November and
December 2016. He refers to the existing conditions plan, noting that there are BVW and IVW
systems, but no flood zones, certified vernal pools or perennial streams were identified on site.
Buchsbaum asks if any areas were observed for vernal pool function per the NHESP mapping.
Griffin notes he will check with Manuell on that. Maxner notes this is the ideal time to
investigate for vernal pools.
Bertoni asks if there are any questions from the audience. Resident of 24 Gove Avenue speaks to
his concern about any potential changes in runoff to wetlands due to development. Russ Walsh of
Goodwin Road, expresses his concern about flow of stormwater runoff onto Webster Avenue
from this site. Sean Corcoran, 22 Goodwin, speaks to his basement flooding and the need for a
sump pump, the rising water table and the impact of development on current conditions. Bertoni
thanks the neighbors for their comments and notes that at this stage, the Commission is only
requested to review the character and extent of wetlands on site, and drainage issues will be
addressed later when an actual development is proposed through a NOI application.
The Commission schedules a site visit for Saturday, April 1, 2017 at 9:00 a.m. The public is
welcome.
Paluzzi moves to continue the hearing to the April 11, 2017 meeting. Seconded by Bertoni. The
motion carries 6 -0.
NOTICES OF INTENT /ABBREVIATED NOTICES OF INTENT/REQUESTS FOR
AMENDED ORDERS OF CONDITIONS
Cont: 109 Water Street, DEP File #5 -1210 —Tuck Point Condominium Trust c/o Mark Silva
Wally Mosier of Collins Engineers addresses the Commission and recaps the project. He notes
there were questions raised at the Commission site visit and notes his firm will assist with the
Chapter 91 submission. He also addresses background information regarding epoxy coating on
saltwater structures that binds coal tar as requested by the Commission. The Commission
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reviews plan of proposed work which identifies where batter piles will enter the mud line.
Mosier notes that a cantilevered option may be considered to lessen impact on abutting property
(i.e., removal of batter piles in water).
Commission members ask that the applicant get a determination as to whether batter piles or
cantilever design will be used before closing the hearing. Mosier agrees and will report back to
the Commission as soon as he gets direction from the applicant.
Buchsbaum moves to continue the hearing until April 11, 2017. Seconded by Paluzzi. The
motion carries 6 -0.
New: 50 Dunham Road — Dunham Ridge, LLC c/o Stephen Drohosky
Maxner reads legal notice. She notes the applicant has requested a continuance. Paluzzi moves
to continue the hearing until March 29, 2017. Seconded by Buchsbaum. The motion carries 6 -0.
New: 15 Paine Avenue — Louis Laz
Maxner reads legal notice. Bob Griffin representing the applicant explains the proposal to
remove existing pool liner and replace with gunite shell and perform other repairs including
removal of existing cracking concrete deck adjacent to pool and replace with new concrete or
stone patio surface. He notes the amount of impervious surface will not change. New pool
equipment will continue to be housed in the existing pool house. He explains that this will be a
manual labor intensive job as steep slopes, mature plantings and narrow access paths prohibit use
of machinery. As mitigation for work in the 25' NDZ, native plantings will be installed at the top
of coastal bank adjacent to the pool house to improve this sparsely vegetated area. In response to
Maxner, Griffin reports that the retaining /seawall is in good shape and work is not needed on it.
Bertoni reviews the 25' NDZ waiver request noting that no new disturbance is proposed and
impervious surfaces will not change, Griffin confirms.
Bertoni asks if there are any questions from the audience. There are none.
Buchsbaum 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 Buchsbaum. The motion carries 6-
0.
OLD /NEW /OTHER BUSINESS
New: 48 Dunham Ridge (50 Dunham Road), DEP File #5 -1118 — Dunham Ridge, LLC c/o
Stephen Drohosky
Buchsbaum moves to continue this item to the March 29, 2017 meeting as requested by the
applicant. Seconded by Paluzzi. The motion carries 6 -0.
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New: 1 Greening Way (formerly 122 Cross Lane), DEP File #5 -1206 — Marcia Wochner
Bob Griffin representing the applicant explains the plan changes. There would be a one story
living space versus two stories for a 2,700 sf house which is 700 sf larger than previously
proposed house. A garage would be on the end of the building as well as a wooden deck with
walk out from basement. The driveway is on the downhill side of site and is same square footage
as originally proposed. There is a 668 sf increase in impervious surface. A dry well and catch
basin will be used. Griffin summarizes drainage calculations which meet thresholds. The location
of house is slightly further away from wetlands. Lawn will be included in the front of the
building. Pervious pavers will be used for walkway and back patio. He notes that some blasting
is likely to be done at the site where the house will partially sit on ledge.
Paluzzi moves to issue a Minor Modification. Seconded by Buchsbaum. The motion carries 6 -0.
New: Potential Community Garden at Standley_ Street Conservation Commission
Property- possible signage installation
Maxner provides background introduction /recap on the potential relocation of the Community
Gardens at this conservation property. She notes that the City is working through the Waring
School encroachment but would like for the Garden relocation logistics to keep moving ahead.
With the 8 -lot subdivision located adjacent to this parcel, the need to alert new or potential
owners of the houses that the Gardens may be relocated here, there is interest in installing
signage with language to that effect. She introduces Ben and John Zobba, formerly with the
Food Project now with Edenic Development, who would assume supervision and management of
the Gardens and member gardeners. Ben Zoba notes he sketched out a possible sign on 3x4
plywood or something similar. Discussion ensues as to language for the sign, with Maxner
asking that the words "potential community garden" be included on the sign
Paluzzi moves for the Commission to allow a sign for future potential Beverly community
gardens with final design to be approved by Maxner. Seconded by Bertoni. The motion carries 5-
0.
New: Other... Discussion or Action Items Related to Commission Business
254, 272 & 282R Essex Street, Beverly Wetlands Ordinance Approval File #: 2017 — Special
Condition Follow Up
Charlie Spicer, Windover Development, provided an update on test pit results at YMCA property
to explore ground water conditions and ledge conditions. Ground water conditions in the
parking lot will require that a 40 mill PVC plastic liner be used at bottom of the infiltration
chamber as recommended by City Engineer who was on site when the test pits were dug. Plans
have been modified accordingly.
Spicer notes test pits also revealed shallow ledge that may require blasting, but that hammering is
still proposed and possibly drill and hammer to remove ledge. Blasting will only occur if
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necessary (if drill and hammering is unsuccessful). A blasting specialist Main Drilling and
Blasting has surveyed ledge area and a survey is underway and will provide a blasting plan
which will be submitted to the Commission once complete the end of next week. Bertoni notes
that the approach seems more informed, reiterating that the Commission's concern is the
integrity of the IVWs one of which is within a quarry hole. Spicer acknowledges and will share
blast plan once available.
New: Offshore of West Beach/Woodbury Point (eel grass harvesting), DEP File #5 -1044 —
Division of Marine Fisheries c/o N. Tav Evans
Maxner explains the applicant is asking for an extension, noting that an update has been provided
by DMF on the project as to eel grass transplanting. Bertoni moves to issue a one year extension
to DEP File #5 -1044. Seconded by Paluzzi. The motion carries 6 -0.
New: 269 Dodge Street — tree removal request — Ying Li
Maxner explains the property is on Norwood Pond and a large limb has fallen off and smashed
resident's greenhouse. She provided photos of the subject trees which the owner would like to
remove based on hazardous conditions. Members review the request and tree descriptions,
numbered and photos.
Paluzzi moves to approve the tree removal request subject to the following conditions:
• Tree #'s 1, 2, 3 and 4 are to be flush cut at grade and their root systems left intact with
not grinding or stumping. These are the only 4 trees that you have permission to
remove on the pond side of the house;
• The stumps of tree #'s 5, 6, 7, 8, & 9 may be ground out as they are not in close
proximity to pond bank
• All cuttings, branches, and trunks shall be taken off site and not deposited anywhere on
site
Seconded by Paluzzi. The motion carries 6 -0.
New: Planning Board Request for Comments — Hillside Avenue Definitive Subdivision
Plan — Goddzilla LLC /ASB Design Group /Gregory & Helga Senko
Maxner notes that this parcel does not contain wetlands or associated buffer zones. Commission
members concur.
New: MACC Sign on to letter to Governor Baker re: interstate gas pipelines
Bertoni suggests that this should be discussed at the Commission's March 29, 2017 meeting as
she meant to forward the daft MACC letter for Commission members to review.
Cont: Draft Amendments to Beverly Wetlands Regulations — Update on review
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Maxner reports that special counsel Jeff Roelofs is in the midst of reviewing the Regulations and
she expects communication from him shortly.
New: Other... Discussion or Action Items Related to Commission Business, continued
11 Landers Drive — tree removal request
Maxner notes that the owners of 11 Landers have requested removal of a tree that snapped in half
as evidenced by photos provided for review.
Paluzzi moves to approve the tree removal request subject to the following conditions:
• Said tree shall be cut flush at ground surface and root system left intact;
• Cut trunk, cuttings and branches shall be removed from the site, not chipped or spread
within the pond or buffer zone;
Seconded by Buchsbaum. The motion carries 6 -0.
New: 100 Hull Street, DEP File #5 -1205 — tree removal request /alternative — Michael
McNiff
Maxner explains the developer is asking to remove a large white pine tree that is located in the
No Disturb Zone, and is close to a house and could be a potential future hazard. Maxner cannot
attest that the tree is dying or in ill health. Members review photos of the tree and its location and
appearance.
Bertoni moves to deny cutting of white pine in 25' No Disturb Zone. Seconded by Amy Garniss.
The motion carries 6 -0.
Approval of Minutes
Paluzzi moves to approve the September 21, 2016 minutes as amended. Seconded by
Buchsbaum. The motion carries 6 -0.
Paluzzi moves to approve October 4, 2016 minutes as amended. Seconded by Buchsbaum. The
motion carries 6 -0.
Order of Conditions
15 Paine Avenue — Louis Laz
Discussion ensues as to the project and potential conditions for the Order. Discussion ensues as
to the waivers, with Bertoni noting work will not result in more disturbed conditions.
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March 23, 2017 Meeting Minutes
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Paluzzi moves to approve the project under the State Act and Beverly Ordinance, approve the
waiver to the 25' NDZ and issue Standard Conditions and the following Special Conditions and
as discussed:
1. As noted by the project engineer during the March 29, 2017 hearing, the use of heavy
equipment or construction vehicles is not anticipated within the 100 -foot buffer zone.
However, should use of such equipment become necessary, the applicant shall present to
the Commission the means and methods by which such equipment will be operated to
protect the integrity of the buffer zone and associated wetland resources.
2. Coastal bank mitigation plantings shall be native to this region of New England and shall
be suited for the growing environment /conditions found within the proposed planting
location.
3. Prior to the issuance of a Certificate of Compliance, the coastal bank mitigation plantings
shall exhibit at least 75% overall survivorship after two (2) growing seasons post
installation. A wetland consultant or other qualified professional shall inspect plantings
for survivorship and overall success of the naturalized area and shall provide a written
report of his /her findings to the Commission.
4. The mitigation planting area shall be left to naturalize without pruning, mulching or other
routine landscaping maintenance activities. This Condition is on -going and shall survive
beyond the issuance of a Certificate of Compliance.
5. All cartridge filtration /earth discharge or other related materials shall be properly
disposed of outside the buffer zone and wetland resources. This condition shall survive
on -going beyond the issuance of a Certificate of Compliance.
6. If a salt water filtration system not be employed for the pool, the pool water drawdown
for back wash and winter closure shall be directed toward the front yard of the property to
maximize infiltration. Pool draw down shall not be directed toward the wetland (ocean
or coastal bank) and backwash and draw down shall not be pumped within 2 weeks of
chlorination. This condition shall survive on -going beyond the issuance of a Certificate of
Compliance.
Seconded by Bertoni. The motion carries 6 -0.
Adjournment
Paluzzi moves to adjourn at 9:45 p.m. Seconded by Bertoni. The motion carries 6 -0. The next
regular meeting of the Conservation Commission is Wednesday, March 29, 2017 at Beverly City
Hall, 3rd Floor Council Chamber.