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12-20-17 BCC MinCITY OF BEVERLY PUBLIC MEETING MINUTES BOARD: SUBCOMMITTEE: DATE: BOARD MEMBERS PRESENT: BOARD MEMBERS ABSENT STAFF MEMBERS PRESENT OTHERS PRESENT: RECORDER: Conservation Commission December 20, 2017 Chair Christine Bertoni, Vice Chair Robert Buchsbaum, David Dines, Stephanie Herbster, Bill Squibb Rick Grandoni, Jenna Pirrotta 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: 46 River Street, DEP File #5 -997 — Boston Gas Co. Hannah Raditz of Coneco Engineers is present for the applicant and explains the Order was issued in May 2009 governing resurfacing of a parking area, consolidation of stockpile area and restoration planting installation. She notes this Order has lapsed and the work was never done and the applicant wishes to close it out. Maxner reminds the Commission that a much more comprehensive project was subsequently permitted involving hazmat containment and site reconfiguration and consolidation, under DEP File #5 -1082 which subsumed the work under #5- 997. Dines moves to issue the Certificate of Compliance. Seconded by Herbster. The motion carries 5- 0. New: Thissell Street, DEP File #5 -1039 — Boston Gas Company Hannah Raditz of Coneco explains the Order issued in June 2010 governed the installation of approximately 950 linear feet of 2 -inch replacement plastic gas main pipeline, located within the paved right of way of Thissell Street. Maxner notes that special conditions assigned related to adjustments of erosion control location (which was complied with before work started) and notification if any changes to the route of the pipe were proposed (none reported). Raditz notes that photos were provided of current site conditions which appear to be stable. Buchsbaum asks if any work was done within the stream or for stream crossing, Raditz notes that no work was done within an area stream and the existing steel line was abandoned. Conservation Commission December 20, 2017 Meeting Minutes Page 2 of 7 Squibb moves to issue the Certificate of Compliance. Seconded by Dines. The motion carries 5- 0. UEST FOR DETERMINATION OF APPLICABILITY New: 6 Cavendish Square — Jeff & Megan Williams Maxner reads legal notice. Jeff Williams addresses the Commission and explains they propose to install a 6 -foot stockade fence along the perimeter of the yard next to the wetland areas. Bertoni notes that based on the USGS it appears there is a perennial stream in the rear and the project would be within the 200 -foot Riverfront Area and wonders if there is bordering land subject to flooding on site. Maxner explains to Williams the alternatives analysis process for Riverfront regulations, which in his case is limited to the lot. She will double check on the BLSF. She notes that a waiver request for the 25' NDZ was submitted. Maxner states she performed a site visit and she suggests that a fallen willow limb be removed from stream as it may block flow at some point. The applicant notes that the stream appeared to be dry during July and August. Buchsbaum explains that whenever the Commission considers a waiver from the 25' NDZ some type of mitigation is expected, which might be better determined at a site inspection. Maxner asks if an electric fence could be an option. Williams notes that he has small children that he would like to keep safe in the back yard in addition to his dogs. A site visit is scheduled for January 6, 2018 at 8:00 a.m. Buchsbaum moves to continue this item to the January 9, 2018 meeting. Seconded by Herbster. The motion carries 5 -0. Recess for Public Hearings Squibb moves to recess for public hearings. Seconded by Dines. The motion carries 5 -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 briefly reviews the project and most recent plan revisions based on discussion at the last hearing. Members review the plan. Bertoni states she would like to review the entire addendum and NOI narrative to ensure that the plan reflects all of the retro- active licensing and newly proposed work. The Commission reviews both documents line by line and compares to current plan, making notations of deviations or missing information /labeling. Conservation Commission December 20, 2017 Meeting Minutes Page 3 of 7 Brief discussion ensues as to additional plan revisions and narrative changes needed. Brief discussion ensues as to concrete remnant pile that was slated for fill, which Maxner notes is prohibited and NOT considered clean fill per DEP and MACC guidance. Bertoni asks if there are any questions from the audience. There are none. Buchsbaum moves to continue the hearing until January 9, 2018. Seconded by Squibb. The motion carries 5 -0. Cont: 61 Ober Street, DEP File #5 -1233 —Diane O'Brien Rich Williams of Williams & Sparages and Diane O'Brien the applicant are present. Williams recaps the project and feedback received from the site visit from the Commission and reviews plan changes. He notes infiltration areas have been added to manage roof runoff (shedding to the north and south), at the patio and in the front of the house, which will reduce flow away from the house and decrease it toward the back and front of house. Emergency overflows with check valves have been added as well. In response to Bertoni's questions, Williams estimates about one hundred and fifty cubic yards of fill is proposed, largely to be used around the garage. Discussion and recommendations ensue about possibility of stone drip edge trench at the perimeter of paver patio as opposed to large infiltration chamber that would require quite a bit of excavation close to the seawall. The Commission recommends to reconfigure the patio so it is no longer in the NDZ. Discussion ensues as to what work would be done to repair seawall and how details should be added to the plan (i.e., boulders at the base of the wall, grouting). Also, if work would be done below mean high water a Chapter 91 license would be required. The consultant states that the beach at the bottom of the wall is 2.5 feet below mean high water. The spiral staircase will be replaced in the same size and footprint. The walkway will use pavers. The Commission reviews further plan changes needed based on this evening's discussion. Bertoni asks if there are any questions from the audience. There are none. Buchsbaum moves to continue the hearing until January 9, 2018. Seconded by Herbster. The motion carries 5 -0. Cont: 95 Hale Street, DEP File #5 -1231 — Jeffrey & Sheryl Silva Bob Griffin of Griffin Engineering representing the applicant, recaps the proposal. He explains details associated with seasonal garden and proposed stone retaining wall around it to replace the timbers as reflected in the revised plan which was based on feedback provided by the Commission at the site inspection. Griffin notes that the homeowners report that during high flows the brook flows up over the concrete blocks of the channel. Gravel and existing playground and timbers will be removed in this area. There is no grade changes proposed in the NDZ. Brief discussion ensues as to proposed mitigation plant schedule and conditioning survivorship. Griffin confirms that approximately 200 cubic yards of fill for the patio will be required. Conservation Commission December 20, 2017 Meeting Minutes Page 4 of 7 Bertoni asks if there are any questions from the audience. There are none. Squibb moves to close the hearing. Seconded by Buchsbaum. The motion carries 5 -0. Cont: 16B Bayview Avenue, DEP File #5 -1232 — Thomas Doherty Bob Griffin of Griffin Engineering representing the applicant briefly reviews the project for two patio /sitting areas. He does not recall there being any requests for plan changes from the Commission's recent site walk. Bertoni states that the site inspecton was helpful to understand site conditions. She states that there seems to be alternatives for locating the patio outside the NDZ. Griffin states he disagrees as this area is within lawn that is currently used for seating. Buchsbaum confirms that this was previously denied. Maxner notes that the denial related to poured concrete on rocky coastal bank. Bertoni asks if there are any other questions from the Commission. It is confirmed that the previously approved landing dimensions are 4'x 5' so that the stairs have a level area to attach on. Dines asks if there are any other alternatives besides pouring concrete for that location. Griffin states perhaps saw cutting the rock to flatten it but that might not get it flat enough. Squibb clarifies that the rock will not be cut into, Griffin confirms that the concrete will be poured on top of the rock. Bertoni asks if there are any other locations for the mitigation planting outside the NDZ as she observed erosion along the edge of the coastal bank and she thinks that the plantings will further that erosion. Griffin is open to moving it but asks where, with Bertoni noting that outside the NDZ could be an option. Griffin states he cannot promise any areas further up the hill may conflict with the applicant's plans to expand the house into the buffer zone. Bertoni notes the mitigation plantings will further disturb this zone. Maxner asks if the Commission sees hardship here and the precedent this project would set if allowed. Bertoni notes that she wants to ensure that the Commission has all of the information necessary to close the hearing and asks if the Commission has any other questions. There are none. There being no other people in the audience, there were no questions from the public. Buchsbaum moves to close the hearing. Seconded by Dines. The motion carries 5 -0. OLD /NEW /OTHER BUSINESS New: 20 Elnew Avenue, DEP File #5 -1177 — MPM Comnanies/Michael McNiff Bob Griffin representing the applicant addresses request for minor modification to Order of Conditions, with deed reference correction requested. The Order, issued in May of 2016, governs construction of a new single - family house, attached garage with breezeway, driveway, utilities, removal of historic dumped piles of yard waste and debris, landscaping and enhancement plantings. Work to take place within 100 -foot buffer zone to bordering vegetated wetland. Griffin notes the revised plan shows a smaller house closer to the street. The new house will have 2' crawl space, a stone infiltration trench to capture roof runoff, a 150' split rail fence is also included to separate yard area from 25' NDZ and results in a larger NDZ area. Eighteen shrubs Conservation Commission December 20, 2017 Meeting Minutes Page 5 of 7 will be planted in NDZ. Three hemlocks will be planted between house and abutters at 18 Elnew. He notes there will be 200 s.f less impervious surface compared to the previous plan. Dewatering area is noted on the revised plan. Maxner reviews the special conditions that will need modification due to this request. Buchsbaum moves to issue the Minor Modification with the modified conditions as discussed. Seconded by Herbster. The motion carries 5 -0. Discussion ensues about the incorrect deed reference for 18 Elnew Avenue that carried over from the NOI into the Order. Maxner states that a notation will be made in Certificate of Compliance about the mistake and thus releasing the neighbor's property. Squibb moves to issue a complete Certificate of Compliance specifically to correct the deed notations for 18 Elnew Avenue. Seconded by Buchsbaum. The motion carries 5 -0. Cont: Beverly port — Airport Solutions Group /Airport Manager Maxner notes the Commission has not received any new information and she will check in with the project team for the next meeting. Cont: Draft Amendments to Beverly Wetlands Regulations Maxner states she hopes for a draft to the Commission in January. Expenditure Approvals Maxner states there are no expenditures. Minutes Approval Members review draft minutes and offer edits. Herbster moves to approve the August 1, 2017 minutes as amended. Seconded by Buchsbaum. The motion carries 5 -0. Orders of Conditions Cont: 95 Hale Street, DEP File #5 -1231 — Jeffrey & Sheryl Silva Members discuss the project. Discussion ensues as to general and possible special conditions under the Act. Herbster moves to issue an Order of Conditions under the Act with general conditions and the following special conditions as discussed: 1. The mitigation planting area shall be left to naturalize without pruning, mulching or other routine landscaping maintenance activities, aside from manual removal of invasive species without the use of herbicides. This Condition is on -going and shall survive beyond the issuance of a Certificate of Compliance. 2. The drywell connection to the existing 6" PVC pipe within stone wall to brook shall be noted on the as -built plan. Conservation Commission December 20, 2017 Meeting Minutes Page 6 of 7 3. If any deleterious /hazardous or foreign materials are discovered in any areas of excavation, said materials shall be removed from the site to an appropriate disposal facility. Seconded by Buchsbaum. The motion carries 5 -0. Members discuss the 25' NDZ waiver request. Bertoni notes that that site inspection was helpful in understanding the topography of the site which limits where a garden can be located. Dines notes that the garden is an improved condition over the gravel and play structure. Discussion as to possible additional conditions to assign the project. Buchsbaum moves to grant a waiver from the 25' NDZ and. issue Standard and the following Special Conditions Ordinance as discussed: 1. The proposed mitigation plantings are a requirement of this approval. 2. The proposed mitigation plantings shall be installed by manual methods — no heavy equipment may be operated in the area of mitigation plantings. 3. Prior to the issuance of a Certificate of Compliance, the 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, aside from manual removal of invasive species without the use of herbicides. This Condition is on -going and shall survive beyond the issuance of a Certificate of Compliance. 5. The drywell connection to the existing 6" PVC pipe within stone wall to brook shall be noted on the as -built plan. 6. If any deleterious /hazardous or foreign materials are discovered in any areas of excavation, said materials shall be removed from the site to an appropriate disposal facility. 7. Construction equipment and vehicles shall be stored along the westerly edge of the driveway. Seconded by Squibb. The motion carries 5 -0. The Commission took a break at 10:14 p.m. and resumed the meeting at 10:18 p.m. 16B Bayview Avenue, DEP File #5 -1232 — Thomas DoheM Maxner reminds the Commission their decision would be under both the Act and the Ordinance. Bertoni notes that she believes there are alternatives to the stone patio. Buchsbaum states the Commission should remain consistent with its previous decision. Maxner notes that the project goal is sitting and looking at the ocean. Bertoni, Herbster and Dines note that there are other ways to achieve that goal besides pouring concrete on the bank. Bertoni notes that the previously approved metal stair case and the landing pad was one thing but the additional proposed concrete results in unacceptable cumulative impacts. Herbster states the Commission is not denying the applicant access to the bank and beach. Maxner notes the possibility of an addition to the house which might provide opportunity to view the ocean with that project. Conservation Commission December 20, 2017 Meeting Minutes Page 7 of 7 Bertoni agrees that at least outside the NDZ, noting that the erosion is happening along the top of costal bank and stability is in question particularly along the steep ravine. Bertoni and Heberster note their site visit observation of a stone bench outside the NDZ that allows for viewing the ocean. Bertoni does not see how the stone patio or mitigation plantings will help stabilize the current erosion. Bertoni asks if there is any other discussion. Bertoni notes that the discussion about the erosion issue applies to both the Act and Ordinance since it is in the buffer and on bank. Buchsbaum moves to deny the project under the Act and local Ordinance. Seconded by Herbster. The motion carries 5 -0. Adjournment Dine moves to adjourn the meeting at 10:35 p.m. Seconded by Herbster. The motion carries 5 -0. The next regular meeting of the Conservation Commission is Tuesday, January 9, 2018 at Beverly City Hall, 3rd Floor Council Chamber.