11-29-17 BCC MinCITY OF BEVERLY
PUBLIC MEETING MINUTES
BOARD:
SUBCOMMITTEE:
DATE:
BOARD MEMBERS PRESENT:
BOARD MEMBERS ABSENT
STAFF MEMBERS PRESENT
OTHERS PRESENT:
RECORDER:
Conservation Commission
November 29, 2017
Chair Christine Bertoni, David Dines, Rick Grandoni,
Stephanie Herbster, Jenna Pirrotta, Bill Squibb
Vice Chair Robert Buchsbaum
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 Council
Chambers, Beverly, MA.
CERTIFICATE OF COMPLIANCE
New: 76 Paine Avenue, DEP File #5 -980 — John Swansburg
Kyle Lally of Hancock Associates representing the applicant explains this request for Certificate
of Compliance for the construction of a tennis court. He explains that the Order of Conditions,
issued in December of 2008, was modified to reduce the amount of grading around the tennis
court and to reduce the court's size. He notes the landscape plantings were not installed along the
property boundary. Maxner notes she has inspected the site and reports that there were no
outstanding issues, noting that the plantings were not a requirement of approval but a request
made by the applicant with the modification. She reviews the standard perpetual conditions.
Dines moves to issue a Certificate of Compliance with the standard perpetual conditions.
Seconded by Herbster. The motion carries 6 -0.
New: 76 Paine Avenue, DEP File #5 -1103 - John Swansburg
Kyle Lally of Hancock explains the Order, issued in September of 2013, governed replacement
of a corner of failed granite block seawall with stone rip -rap revetment and removal of crumbled
concrete slab apron and replace with stone. He notes Hancock Associates performed and as -built
survey which almost exactly mirrors the proposed plan, which he realized was essentially an as-
built when the NOI was submitted. Maxner reminds the Commission this project was subject to
an enforcement order. She reports that the rip rap appears stable and there does not appear to be
any further advancement of the toe of rip rap slope. Lally notes the FEMA flood zones have
been updated on the plan.
Conservation Commission
November 29, 2017 Meeting Minutes
Page 2 of 10
Herbster moves to issue a complete Certificate of Compliance with standard perpetual
conditions. Seconded by Dines. The motion carries 6 -0.
UEST FOR DETERMINATION OF APPLICABILITY
New: 145 Livingstone Avenue — City of Beverly c/o Lisa Chandler
Maxner reads legal notice. Lisa Chandler, Assistant City Engineer, explains the City proposes to
repair holes and low areas in the existing footpath at Obear Park off the Marsh Ave /South Terrace
access end of the park. She explains details about periodic wet and muddy conditions of the path
issue and proposal to use crushed stone to repair pathway which tends to be muddy. The size of
the pathway will not be increased. She notes this project is expected to take one day to complete.
Bertoni asks if the width of the path will be increased, with Chandler responding the current
width will remain the same. Grandoni asks if the elevation of the path will rise, with Chandler
responding they anticipate adding about 2" of crushed stone to even dips out but overall the
height of the path will not change. Dines notes this will be a great improvement to the path as he
has walked it when muddy and wet.
Bertoni notes that RDA's are valid for three years and perhaps the City would need to perform
future maintenance of this sort as conditions dictate. Herbster notes that the wooden pallets
should be removed.
Squibb moves to issue a Negative #2 Determination and Negative #3 Determination with the
follwoing conditions 1. The City shall remove wooden pallets and other debris from the area and
dispose of these materials off site. 2. Re- application of crushed stone as needed is allowed for the
3 -year life of this Determination provided that 48 -hour notice is given to the Commission prior
to said work. Seconded by Pirrotta. The motion carries 6 -0.
Recess for Public Hearings
Squibb moves to recess for public hearings. Seconded by Herbster. The motion carries 6 -0.
ABBREVIATED NOTICE OF RESOURCE AREA DELINEATION
Cont: 4 Bomac Road, DEP File #5 -1227 — 4 Bomac Realty, LLC c/o Peter Almeida
Chris Gajeski of Meridian Associates representing the applicant notes the Commission perfomed
a site inspection and describes how wetland flag Al was relocated further west to encompass a
section of rip rap bank as BVW He notes the Zoning Board of Appeals approval has been
received to change the zoning from industrial to commercial. No design plan is in place at this
time. Bertoni asks if the area to the south has been delineated. Gajeski notes he did not flag that
side of the wetland as there is very little useful land on that side. Bertoni notes the resources
include bank, BVW. Gajeski states yes with an area of Riverfront. Squibb asks if the applicant
will clean up the area in front of the culvert. Gajeski notes they will probably do that.
Bertoni asks if there are any questions from the audience. There are none.
Conservation Commission
November 29, 2017 Meeting Minutes
Page 3 of 10
Squibb moves to close the hearing. Seconded by Grandoni. The motion carries 6 -0. Bertoni
states she will entertain a motion to issue an ORAD confirming BVW, bank and 200 -foot
Riverfront as amended by the Commission — Squibb so moves. Seconded by Dines. The motion
carries 6 -0.
NOTICES OF INTENT /ABBREVIATED NOTICES OF INTENT/REQUESTS FOR
AMENDED ORDERS OF CONDITIONS
Cont: 15, 43 & 47A Water Street, DEP File #5 -1230 — Beverly_ Port Marina c/o Jonathon
Silver
Jonathan Silver, general manager of Beverly Port Marina, representing the applicant explains
removal of mooring blocks and chains, noting the intention is to remove as many blocks that
have mooring chains as feasible but that will not be known until the new piles are in place.
Bertoni asks if Army Corps of Engineers would require that unused mooring blocks be removed
from the ocean bottom so as to not interfere with a future Corps dredging project. Silver notes
he is not sure but the project will require ACOE review.
Silver notes the applicant proposes to install the piles, relocate mooring chains, and do any
removal of mooring material in the spring. Maxner reminds everyone of Division of Marine
Fisheries prohibition of in water work between February and June for winter flounder protection.
Bertoni ask that the applicant further revise the plan to be comprehensive and incorporate the
mooring chains and block locations. Silver agrees and asks if the order of conditions could be
drafted in the meantime for discussion at the next meeting. Maxner agrees to start the draft.
Bertoni asks if there are any questions from the audience. There are none.
Herbster moves to continue the hearing until December 20, 2017 when a master plan will be
presented and conditions drafted. Seconded by Squibb. The motion carries 6 -0.
New: 61 Ober Street — Diane O'Brien
Maxner reads legal notice. Greg Hochmuth and Rich Williams of Williams and Sparages
engineering firm are present representing the applicant. Hochmuth explains proposal to
demolish the existing house and foundation and build a new single family house, perform
landscaping, driveway relocation raising its grade to the garage, and other site improvements, as
well as repair existing seawall. He reviews the resource areas with work to take place within
rocky intertidal shore, coastal bank, 100 -foot buffer and land subject to coastal storm flowage.
Bertoni asks for a description of work on the seawall. Williams explains the top portion of the
seawall is pushing forward towards the ocean, and they propose to attach the two sections of the
seawall and backfill behind the wall. Additional concrete would be poured at the same proximity
to the water to create a footing for the wall. Work would have to be done at low tide. Equipment
would be used from a barge or lowered from a crane to excavate below the wall on the beach
side. A large portion of the work would be done by hand. Existing spiral staircase will be
Conservation Commission
November 29, 2017 Meeting Minutes
Page 4 of 10
replaced. Herbster asks if there are details on tree removal and if a landscaping plan has been
prepared. Williams notes not many trees on site and a landscaping plan is not yet available.
Bertoni asks if there are any questions from the audience. Charles Puleo of 63 Ober Street asks
about new impervious surfaces and how runoff will be handled. Stormwater management is
discussed, and Bertoni asks that impervious square footage calculations be provided.
Maxner reads an email into the record from abutter William Mead, 8 Lanthorn Lane. The
consultant speaks to the deeded right of way for residents with frontage, and setback to right of
way of 20' which limits how far the house can be set back from the ocean.
The Commission scheduled an 8:00 a.m. site visit on December 9, 2017. Squibb moves to
continue the hearing until December 20, 2017. Seconded by Dines. The motion carries 6 -0.
New: 95 Hale Street — Jeffrey & Sheryl Silva
Maxner reads legal notice. Bob Griffin of Griffin Engineering Group representing the applicant
describes the proposal to construct an attached garage with bedroom space above, install a paver
patio within tiered concrete retaining walls, and replace associated steps and landscaping. Work
to take place within 100 -foot buffer zone to coastal bank, 200 -foot riverfront area and 100 -year
floodplain (i.e. bordering land subject to flooding). He notes work is proposed within the 25'
NDZ.
Griffin mentions that the applicant has received setback variances from the ZBA. He notes the
proposal includes mitigation plantings that provides a 2 to 1 mitigation area. Herbster asks if the
garden can be located outside the NDZ. Griffin notes that the topography of the site may make
that difficult. Discussion addresses location of patio relative to back door and how it is primarily
outside of the NDZ, with Maxner asking if the patio could be reduced in size to remove more
work outside the 25' NDZ. Griffin will suggest to applicant if a small shift in location of patio to
the west is possible. Bertoni asks the amount of fill anticipated, with Griffin estimating
approximately 200 cubic yards of fill is expected and stone removal will be done. Pirrotta asks if
there is tidal flow on site, Griffin states no.
Bertoni asks if there are any questions from the audience. There are none.
The Commission scheduled a site visit for December 9, 2017 at 9 a.m. Herbster moves to
continue the hearing to the December 20, 2017 meeting. Seconded by Grandoni. The motion
carries 6 -0.
16B Bayview Avenue — Thomas Doherty
Maxner reads legal notice. Bob Griffin, Griffin Engineering Group is present representing the
applicant. He notes that in 2016 the applicant received approval for the construction of metal
stair case structures on 16 and 16B Bayview to provide access to the beach, work on these will
most likely start next spring or summer. He explains the proposal to construct an
approximately I 2'x 24' bluestone /flagstone patio with phlox/grass to grow in between patio
Conservation Commission
November 29, 2017 Meeting Minutes
Page 5 of 10
stones and lawn area adjacent to coastal bank. He notes that some grading will need to be done
for the patio to even out the ground surface that is currently at an 8% slope. This will be within
the 25' NDZ and mitigation plantings are proposed.
He goes on to explain the applicant also proposes to construct a sitting /landing area with a safety
railing on the rocky coastal bank to provide a convenient sitting area to watch the children play
on the beach. This patio area will be accomplished by drilling into the ledge with epoxy coated
rebar and pouring a level concrete pad measuring approximately 7'x 12'.
Grandoni asks if there is a concrete pad already there on the rocky bank. Griffin notes that
currently no, but the area outlined in blue on the plan is a landing pad that was previously
approved to be constructed.
Bertoni asks if this could have been an amendment to the previous Order. Griffin notes he
thought this was an increase in scope of work and warranted a new NOI. Berton asks if any trees
will need to come down for the patio. Griffin states no, it is entirely within lawn area.
Bertoni asks the size of natural stones for patio. Griffin notes approximately 2' to 4' in size
Herbster asks about access and logistics to accomplish concrete work. Griffin notes it will be
mostly manual labor up and down the stairs, perhaps parking a concrete truck uphill and wheel
barrels to carry concrete to the pad area, enough for the 18" pad thickness.
Bertoni notes that the Commission will want to do a site visit, asking if the rocky area is
fractured. Griffin states it is fairly solid. She asks if the previously approved landing had safety
rails, Griffin responds yes around the stairs but is not sure about around the landing.
Squibb asks if this is this the property that proposed the tree removal and planting on the coastal
bank. Griffin states that project is two doors down.
Maxner reminds that under DEP #5 -1007 for reconstruction of wooden stairs had a proposed
concrete pad that was denied for this site. Griffin notes he believes this is a reasonable request
and the applicant would like to proceed with this project whatever it takes. Bertoni asks the
difference in size between this landing and the previous pad for the stairs. Griffin does not
believe there is much difference or a large increase.
Maxner asks for a review of the mitigation planting plan. Griffin notes it is about 300 s.f of area
and lists off the proposed species that seem to have done well here in the past.
Bertoni asks if there are any questions from the audience. There are none.
A site visit was scheduled for December 9, 2017 at 9:45 a.m. Dines moves to continue the
hearing until the December 20, 2017 meeting. Seconded by Herbster. The motion carries 6 -0.
Reconvene Regular Meeting
Bertoni moves to reconvene the regular meeting. Seconded by Dines. The motion carries 6 -0.
Conservation Commission
November 29, 2017 Meeting Minutes
Page 6 of 10
OLD /NEW /OTHER BUSINESS
New: 1 Water Street, DEP File #5 -1180 — City of Beverly c/o Rob Dever
Rob Dever, City of Beverly Engineering Department notes that a request for Minor Modification
to Order of Conditions has been submitted to allow a change in size of guide piles. Maxner notes
the Order, issued in May 2016, governs the removal of existing concrete block bottom anchors
and associated chains and install fourteen (14) 16 -inch diameter steel guide piles for support of
Glovers Wharf Recreational Marina floats. Dever explains that there were two alternatives
explained in this request, and Scenario 1 has been chosen that reduces the # of piles from 14 to
11 and a change of impact to 0.1 of a foot.
Herbster moves to approve a Minor Modification based on first scenario as discussed. Seconded
by Dines. The motion carries 6 -0.
New: Beverly port — Airport Solutions Group /Airport Manager
Craig Schuster of Airport Solutions, Nate Randing of MA DOT Aeronautics Division, Chris
Willborge former Beverly Airport Commissioner and Bob Snuck Airport Manager are present for
discussion. Maxner provides background as to previous permitting and ENF process for airport
vegetation management plan and yearly operation plans (VMP /YOP). She notes that in October
clear cutting was observed at 10 Sam Fonzo Drive (Con Com held open space parcel that
contains wetlands) but no notification was sent that these activities were being undertaken so she
has asked that airport reps attend this meeting to discuss the situation. She notes the Order of
Conditions in 1997 allowed vegetation management techniques throughout the airport vicinity
with specific areas assigned for specific methods.
Schuster explains that there have been 3 YOP /VMP updates since 1997 each valid for a specific
amount of time, with the most recent update being 2015. He notes that information on the
vegetation management plan was sent to the City's Planning office in 2015. Maxner explains that
she cannot locate that information in the office for some reason, but based on her review of the
original vegetation management the subject area has a prescribed management method notation
of selective hand cutting.
Discussion ensues about if a track vehicle with a brush head was used in the area and if this
methodology for vegetation management would continue. Randing explains that Mass.
Aeronautics provides some equipment to the airport for managing vegetation. Snuck states the
intent of recent work was to remove vegetation in front of the antennae. Snuck noted that brush
is so thick and that trees in front of antennae are so overgrown that they cannot be reached on
foot. Tall trees are blocking the red lights at the end of the runway. He speaks to the danger of
geese, deer and coyotes that are living in the airport area and permit the airport has to keep the
wildlife out of the area that is critical for the safe operation of the airport.
Discussion ensues as to what types of vegetation management is currently needed in order for the
airport to be able to return to the prescribed methods as originally permitted via the OOC and
Conservation Commission
November 29, 2017 Meeting Minutes
Page 7 of 10
ENE Randing and Snuck note that hazard areas will need to be addressed first. Maxner notes
that the OOC needs to be closed out with a Certificate of Compliance that could carry on -going
conditions for VMP activity and notification. Bertoni notes that the airport should come back to
the Commission with immediate vegetation management needs and a request for Certificate of
Compliance.
New: Edenic Development /City of Beverly — Potential Community Gardens at Standley
Street Conservation Land
Ben Zoba of Edenic Development is present. Maxner provides a background chronology of this
potential proposal for community gardens on Standley Street, noting that the idea has been
informally discussed with the Commission, the City and Edenic Development. She notes that the
Commission now has received a formal request to relocate the Cole Street community gardens to
Standley Street conservation land with narrative, draft license and site schematic layout. Zoba
notes that the City and Edenic Development have been working on finalizing a proposed license
agreement and schematic is based on her liberal estimates of buffer zone and riverfront as as to
keep garden activities outside wetland jurisdiction. Maxner notes that walking trails may be
added to the site in the future. Access to the parcel will be through the Standley Street Gardens
subdivision development via Con Com and Planning Board site plans reviewed. Zoba notes
parking will occur on the grassy area. Maxner notes a waterline has been stubbed at the edge of
property for gardeners to access. Bertoni notes that language for license renewal process should
be added as expiration is currently set at November 2018 with no direction as to how to renew.
Members review the proposal and discussion ensues as to implementation of garden preparations
with other City departments.
Bertoni moves to allow the use of the gardens on the parcel as proposed and conceptually
designed, with a request that the license reflects language for a renewal process. Seconded by
Pirrotta. The motion carries 6 -0.
New: JC Phillips Trail Clean -up — Eagle Scout Nathan Lackie
Nathan Lackie, Eagle Scout candidate, addresses the Commission and provides an overview of
his proposal for trail clean -up activities at JC Phillips preserve. He proposes raking brush off of
stairs in pathway, cut down an overhanging tree and pick up trash including broken glass at
former mansion site. The work would be done with as many as scouts and sports team athletes
that Lackie can recruit. Lackie will get adult help if he takes down the leaning tree. He plans to
do the work as soon as possible. The Commission thanks him for his service, with Bertoni
confirming that work on the steps is not part of this proposal. She offers to sign the beneficiary
section of his proposal.
New: 680 Hale Street — Dorothy Hayes —tree removal request
Dorothy Hayes addresses the Commission and explains the situation with trees in her back yard.
She explains her arborist from Cicoria Tree has inspected the black locust trees and Norway
maple (5 total) and the arborist's report is reviewed. Hayes notes her concern as 2 large locust
Conservation Commission
November 29, 2017 Meeting Minutes
Page 8 of 10
trees have already fallen, luckily further away from her house, which is an historic 1st period
house. Maxner notes she has been on site and observed the subject trees which are in close
proximity to the wetland. Bertoni moves to allow removal of the trees provided that they are
flush cut at grade and not ground out or stumped. Seconded by Herbster. The motion carries 6-
0.
New: 6 & 11 Quincy Park, DEP File #'s 5 -1172 & 5 -1173— Paul Earl & Patricia Brandes
Maxner explains she held a pre - construction site visit with the homeowners, contractor and Bob
Griffin last week and the issue of equipment storage of equipment was a topic of conversation
per Special Condition #4. She notes the contractor is out of Lynn and they expressed the need to
keep large equipment on site to expedite the job. An area of the City ramp access off of Water
Street was identified so the contractor can store three machines on the landward side of the
beach.
Squibb moves for the Commission to amend Special Condition #4 to allow storage of
construction equipment may be stored at the entrance of Water Street Ramp above high tide and
as far away from the water's edge as possible. Seconded by Herbster. The motion carries 6 -0.
New: Greening Way OSRD — Open Space parcel disposition — Benco, LLC
Maxner explains the transfer of this parcel was not formally discussed and the project is at the
point where disposition of the open space area needs to be finalized. She notes that since this
parcel abuts land already under the care and custody of the Commission, it was logical to the
project proponent and Planning Board to first ask the Commission if it would agree to take this
property. Maxner notes that the subject parcel contains wetland, stream and vernal pool.
Discussion ensues regarding the adjacent Hill Estate property taken by the City and neighboring
Sally Milligan Park. Bertoni notes the quit claim deed needs to reflect lot #4. Maxner confirms
there will be open space and NDZ markers installed per the Planning Board and Con Com
approvals of this subdivision.
Herbster moves that the Commission accept the parcel under its care and custody. Seconded by
Bertoni. The motion carries 6 -0.
Discussion ensues about whether a subcommittee of the Commission could manage the tree
removal requests via email so less Commission meeting time would be used on these matters.
The Commission notes that any tree removal requests within the 25' NDZ could be brought to a
meeting. Maxner suggest that Special Counsel Jeff Roelofs could offer his opinion on this
proposal.
New: 24 Whitehall Circle Tree Removal Reauest— Carlos Robledo
Members review the 24 Whitehall Circle request and arborist's report that includes red maple
and white oak are outside the NDZ and two of three gray birches are on 25' NDZ line. Maxner
notes she visited the site and observed that most of these trees are in decline and one dead oak
poses a hazard to house. Bertoni notes that the gray birches on the 25' NDZ line should be
Conservation Commission
November 29, 2017 Meeting Minutes
Page 9 of 10
replaced. Members discuss replanting in this area. Bertoni moves to allow removal of said trees
with the conditions: 1. Require replanting of one native tree species of shrubby nature within the
vicinity of the NDZ 2. All trees to be flush cut with no grinding or stumping. Seconded by
Squibb. The motion carries 6 -0.
New: 19 Whitehall Circle Tree Removal Request — Paula Lobel
Members review the 19 Whitehall Circle request and arborist's report that includes removal a
snapped off part of oak and remove fallen dead oak. Maxner notes there is also one limb on red
maple that is over the roof that is also slated for removal. Bertoni moves to allow removal of
said trees and trunk, and pruning of maple with conditions: 1. All trees to be flush cut with no
grinding or stumping. Seconded by Herbster. The motion carries 6 -0.
242 Dodge Street Enforcement Order Update — Scott Barbeau
Maxner provides and update on the enforcement situation, and explains that a plan has been
submitted by the applicant which was prepared by Morin - Cameron engineering firm. The plan is
reviewed and discussed versus the EO requirements. Maxner explains that upon direction of the
City Solicitor, fines ceased when the Commission voted to pursue fine collection in court, which
is currently on -going and an arraignment is pending for December 7, 2017. Enforcement Order
stopped when the matter went to court as directed by the City Solicitor. Discussion ensues as to
remaining requirements that need to be addressed:
• Erosion Control and Drainage Alteration permits from the Engineering Department must
be obtained prior to work commencing
• The dead /impacted trees located within the floodplain may be removed but 1:1 replanting
must take place within that zone (1" caliper native trees)
• The additional erosion control as noted on the plan must be installed and I need to
observe it prior to work starting
Remind Mr. Barbeau and John Morin of possible other issues not within the
Commission's purview include potential septic system impacts and trees impacted by fill
outside the floodplain.
Squibb moves to approve the November 16, 2017 plan prepared by Morin - Cameron with
conditions as discussed. Seconded by Dines. The motion carries 6 -0.
New: Expenditure Approvals
Squibb moves to approve payment of $1,628.60 to special counsel Jeff Roelofs for his continued
work on local Regulations amendments. Seconded by Herbster. The motion carries 6 -0.
Minutes Approval
Conservation Commission
November 29, 2017 Meeting Minutes
Page 10 of 10
Members review minutes and offer edits. Herbster moves to approve the June 21, 2017 minutes
as amended. Seconded by Grandoni. The motion carries 5 -0 with Dines abstaining since he was
not a Commissioner at the time of the meeting.
Adjournment
Dines moves to adjourn at 10:55 p.m. Seconded by Grandoni. The motion carries 6 -0. The next
regular meeting of the Conservation Commission is Tuesday, December 20, 2017 at Beverly City
Hall, 3rd Floor Council Chamber.