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6-21-17 BCC MinCITY OF BEVERLY PUBLIC MEETING MINUTES BOARD: Conservation Commission SUBCOMMITTEE: DATE: June 21, 2017 BOARD MEMBERS PRESENT: Chair Christine Bertoni, Vice Chair Robert Buchsbaum, Rick Grandoni, Stephanie Herbster, Tony Paluzzi, Jenna Pirrotta BOARD MEMBERS ABSENT: STAFF MEMBERS PRESENT: OTHERS PRESENT: RECORDER: Amy Maxner, Environmental Planner Jane Dooley Bertoni calls the meeting to order at 7:00 p.m. at Beverly City Hall, City Hall 3" Floor Conference Room, Beverly, MA. CERTIFICATES OF COMPLIANCE Cont: 3 Bonad Road, DEP File #5 -1093 — MPM Companies, LLC & Jason and Lynda Bowen Bob Griffin representing the applicant describes 3 Bonad Road has an alternative planting plan proposing a planting strip with along the edge of the stream bank with 10 Hosta plants for the shady area. Discussion addresses survivorship for two growing seasons. Buchsbaum moves to issue a partial Certificate of Compliance for 3 Bonad Road with conditions: Mitigation plantings are hereby outstanding and the replanting shall take place summer of 2017, with a final complete Certificate of Compliance to be issued when 75% survivorship of plantings can be demonstrated to the Commission's satisfaction. Seconded by Paluzzi. The motion carries 6 -0. New: 181 Elliott Street — Beverly Commerce Park, LLP Michael Aveni representing the applicant speaks to how plantings are installed and pathway project (6 -foot wide ADA accessible public pedestrian pathway within 100 -foot buffer zone to inland bank of Shoe Pond) is complete. Discussion ensues about type of mulch (leaf litter) that should be used so the area can naturalize according to special conditions in the Order. Discussion ensues as to the plantings just having been installed this spring and the need to verify their survivorship after two growing seasons. Bertoni moves to issue a partial Certificate of Compliance with conditions: Mitigation plantings have been planted during the spring of 2017, but the required overall survivorship of 75% is hereby outstanding, with a final complete Certificate of Compliance to be issued when 75% survivorship of plantings can be demonstrated after 2 growing seasons, or at a time when such survivorship can be Conservation Commission June 21, 2017 Meeting Minutes Page 2 of 6 demonstrated to the Commission's satisfaction. Organic natural shredded leaf litter shall be scattered amongst the new plantings to help their propagation. Seconded by Grandoni. The motion carries 6 -0. REQUEST FOR DETERMINATION OF APPLICABILITY New: 5 Bonad Road — Amy & Tyler Dufour Maxner reads the legal notice. Tyler Dufour describes their intention to construct 10 ft. by 18 ft. deck extension which was not part of original plan using 12" diameter sonotube construction via handwork. The removed material would be taken off site. Access to work site would be via wheelbarrow and staging area is the patio. Paluzzi moves to issue a Negative #3 Determination with conditions: 1. Work shall be undertaken manually, with no heavy machinery operated in the buffer zone. 2. Excavated soil from footing shall be taken off site and disposed of at proper facility. Seconded by Buchsbaum. The motion carries 6 -0. Recess for Public Hearings Paluzzi moves to recess for public hearings. Seconded by Buchsbaum. The motion carries 6 -0. NOTICES OF INTENT /ABBREVIATED NOTICES OF INTENT/REQUESTS FOR AMENDED ORDERS OF CONDITIONS Cont: 50 Dunham Road - Dunham Ridge, LLC c/o Stephen Drohosky Michael Aveni representing the applicant describes peer review for stormwater management system thus far and how the temporary stormwater management system is adequate and operating effectively. He states his belief that suggestion from peer review for DOT permit is not warranted. Also, there is no master plan for this speculative project. Paluzzi moves to continue to the August 1, 2017 meeting to allow formal review of responses to peer review. Seconded by Bertoni. The motion carries 6 -0. Cont: 105 Sam Fonzo Drive — Beverly port Self Storage, LLC c/o Thomas Ford Maxner reports the Commission received a request for a continuance from the applicant. Bertoni moves to continue to the July 11, 2017 meeting. Seconded by Paluzzi. The motion carries 6 -0. Reconvene Regular Meeting Buchsbaum moves to reconvene the regular meeting. Seconded by Paluzzi. The motion carries 6 -0. Conservation Commission June 21, 2017 Meeting Minutes Page 3 of 6 OLD /NEW /OTHER BUSINESS New: 43 Brackenbury Lane, DEP File #5 -1175 — Scott & Stacey Rouisse Bob Griffin representing the applicant speaks to Superseding Order of Conditions issued by the DEP and the local Ordinance Order of Conditions. He notes that the landscape architect has proposed changes to design. He explains the changes to the plan include: revise site grades, extend stream bank restoration and replanting, substitute concrete retaining wall at edge of driveway with boulders, formal planting plan, install pool fencing and gates, relocate spa and add steps from pool to lawn, relocate sewer pump chamber. Buchsbaum moves to accept the Minor Modification with conditions: • The following revisions shall be made to the site plans as listed below and submitted to the Conservation Commission: i. The Legend on the Site Plan to Accompany NOI, C -1 shall be revised to identify wetland flagging /wetland edge; ii. The Impervious Area Comparison Table and Drywell Sizing calculations on the Site Plan to Accompany NOI, C -1 shall be revised to reflect additional steps around the pool and spa relocation area; iii. The Landscape & Lighting Plan, L -3 shall be revised to depict the Beverly 25 -Foot No Disturb Zone and 100 -Foot Buffer Zone. The installation of the support posts for the cable rail fence shall not compromise the integrity or stability of the seawall. The gates at each end of the Ancient Way shall not be locked as described by the project proponent at the June 21, 2017 meeting. In order to maximize habitat utility but discourage volunteer woody growth, the steep slope located to the west of the newly relocated driveway and proposed boulders shall not be mowed more than once (1 time) each year in late September. This condition is on -going and shall survive beyond the issuance of a Certificate of Compliance. Seconded by Paluzzi. The motion carries 6 -0. New: 100 Hull Street, Lot 2, DEP File #5 -1205 — MPM Companies c/o Michael McNiff Bob Griffin representing the applicant describes proposed reduction and relocation of driveway to reduce risk to existing beech tree on property and allow for better vehicular access to the garage. Discussion ensues on how crushed stone will be used in basement relative to level of groundwater. Also a perimeter drain pipe will be installed. Buchsbaum moves to approve the Minor Modification. Seconded by Paluzzi. The motion carries 6- 0. New: 19R Linden Avenue, DEP File #5 -1189 — Michael Panzero Bob Griffin representing the applicant explains owner's interest in removing maple tree and intent to plant two new 1" to 2" caliper native trees. Discussion ensues about flush cutting stump of Conservation Commission June 21, 2017 Meeting Minutes Page 4 of 6 removed tree followed by loam and seeding and cutting of any roots. Maxner reads abutter's letter into the record no longer objecting to the tree's removal. Paluzzi moves to approve the Minor Modification with conditions: • The Silver Maple trunk shall be cut flush to the ground — there shall be NO grinding of the stump or roots or removal of root ball. • During excavation for the house foundation or drywell, any Silver Maple roots encountered shall be cut as opposed to torn out. • Not less than two (2) Eastern Red Bud trees (or, depending on nursery stock availability, other /alternative native tree species approved by the Conservation Agent) shall be planted in general vicinity as shown on the approved plan. Additional trees are allowable as long as their placement accommodates their future growth. • The Eastern Red Bud trees (or alternative approved by the Conservation Agent) shall be at least 2" (two inches) in caliper. Seconded by Pirrotta. The motion carries 6 -0. New: 52 Dunham Road, DEP File #5 -1123 — Dunham Ridge, LLC Michael Aveni representing the applicant speaks to proposal to use heavy equipment to move the encroaching section of rip rap wall and complete building, which has a foundation. Planting will occur in the fall (mid- September). Geotextile fabric will be installed behind rip rap rocks. Bertoni moves to approve extension to the Order for one year under the Act and Local Ordinance with September 15, 2017 planting deadline. Seconded by Paluzzi. The motion carries 6 -0. New: Greens Hill, DEP File #5 -1195 — City of Beverlv c/o Charles Mann Maxner notes Charles Mann cannot attend this evening but has asked for a Minor Modification to the Order to allow for installation of a gate as pictured in the letter request. This is to keep trail users off private property. Members review the plan. Paluzzi moves to approve the Minor Modification. Seconded by Bertoni. The motion carries 6 -0. New: Lynch Park ADA Access Project — Beverly Recreation Department c/o Bruce Doig Bruce Doig speaks to ADA accessibility project at Lynch Park relative to installation of a concrete ramp not permitted by the Commission. Discussion addresses process amongst City departments associated with concrete ramp installation and how mats would be located on sand to provide access to beach. Bertoni suggests that an after the fact filing for RDA should occur that contains information on concrete structure and possible mitigation. Buchsbaum moves to require Beverly Recreation Department to file a Request for Determination for concrete pad that was unpermitted and poured on the beach and include mitigation for August 1, Conservation Commission June 21, 2017 Meeting Minutes Page 5 of 6 2017 meeting. The temporary use of mats will be allowed for use on a temporary basis. Seconded by Paluzzi. The motion carries 6 -0. New: 236 Lothron Street - tree removal reauest — Don Moca Don Moca is present and addresses the Commission as to the hazard tree in his back yard, which is 10 feet from the stream bank. Discussion ensues about how the tree is compromised and arborist report has recommended that the tree be taken down. Discussion addresses how two feet of stump could remain. Paluzzi moves to approve the tree remove request as discussed. Seconded by Bertoni. The motion carries 6 -0. New: Planning Board Request for Comments — 20, 30 & 40 Webster Avenue OSRD Preliminary Plan - Benco, LLC Bob Griffin representing the applicant describes how an OSRD plan will be filed next month. The goal is to bring in gravel driveway to existing driveway to the barn. Eight to 9 single family houses are proposed. Several alternatives will be reviewed by the Planning Board. There is only one spot by the barn that is close to the 25' No Disturb Zone. Discussion addresses frontage for the new lots. The Commission reviews the various conceptual plans and provides feedback for comments to the Planning Board which include: The Commission discussed the fact that both Conceptual Plans C -4c and C -4d limit the amount of impervious surfaces and act to cluster the proposed houses closer together. The Commission prefers these two plans with a slight preference for C -4c as yard space is more clearly defined. Maxner will write comment letter with these points of discussion. Cont: Draft Amendments to Beverly Wetlands Regulations — Update on review Maxner provides an update on recent meeting on draft amendments. A final draft could be ready for the Commission to review hopefully in a couple months. A public hearing could possibly be held in the fall. New: Expenditure Approvals: Paluzzi moves to pay special counsel Jeff Roelofs $935 for his work on the Wetland Regulations. Seconded by Buchsbaum. The motion carries 6 -0. Approval of Minutes Buchsbaum moves to approve the February 7, 2017 minutes as amended. Seconded by Paluzzi. The motion carries 4 -0 -2 with Grandoni and Herbster abstaining. Paluzzi moves to approve the March 23, 2017 minutes as amended. Seconded by Bertoni. The motion carries 5 -0 -1 with Herbster abstaining. Conservation Commission June 21, 2017 Meeting Minutes Page 6 of 6 Paluzzi moves to approve the April 11, 2017 minutes as presented. Seconded by Buchsbaum. The motion carries 5 -0 -1 with Herbster abstaining. Adjournment Bertoni moves to adjourn the meeting at 10:00 p.m. Seconded by Paluzzi. The motion carries 6 -0. The next regular meeting of the Conservation Commission is Tuesday, July 11, 2017 at Beverly City Hall, 3rd Floor Council Chamber.