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
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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.
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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
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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,
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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.
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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.