08-29-17 BCC MinCITY OF BEVERLY
PUBLIC MEETING MINUTES
BOARD:
SUBCOMMITTEE:
DATE:
BOARD MEMBERS PRESENT:
BOARD MEMBERS ABSENT
STAFF MEMBERS PRESENT
OTHERS PRESENT:
RECORDER:
Conservation Commission
August 29, 2017
Vice Chair Robert Buchsbaum, Rick Grandoni, Stephanie
Herbster, Tony Paluzzi, Jenna Pirrotta
Chair Christine Bertoni
Amy Maxner, Environmental Planner
Jane Dooley
Buchsbaum calls the meeting to order at 7:00 p.m. at Beverly City Hall, City Hall 3" Floor
Chambers, Beverly, MA. Buchsbaum thanks Paluzzi for his many years of dedicated service to
the Commission upon his retirement from the Commission.
REQUEST FOR DETERMINATION OF APPLICABILITY
New: 100 Sohier Road, Beverly High School — City of Beverly, c/o Michael Collins
Maxner reads legal notice. Lindsay Machomer with PARE, Art Eddy with Birchwoods Design
and Michael Collins DPW Commissioner for the City are in attendance. Machomer describes
plans to reconfigure the existing practice field to two new softball diamonds (sand surface versus
grass), install backstop fencing, benches, foul poles, score board and dug outs, stone dust
pathways and irrigation system. Work to take place within 100 -foot buffer zone to BVW, 200 -
foot Riverfront Area and 100 -Year Floodplain (bordering land subject to flooding). A wetland
delineation was done in 2007. She notes efforts were made for work to not occur in 25' NDZ or
beyond previously disturbed area.
The Commission reviews the plans, and discussion ensues suggesting that wetland flagging be
re- installed for reference. Maxner will inspect erosion control installation and flagging prior to
start of work.
Maxner notes the high school site was subject to an Order of Conditions in 2008 that governed
renovation and construction of areas of the School as well as reconfiguration of parking areas
and other facilities on site. She explains special conditions required tree planting along the
riverfront area, but these plantings have not been undertaken, and a Certificate of Compliance
has not been issued. The representative notes that the contractor for the new project will do the
plantings. Discussion ensues as to possible conditions.
Paluzzi moves to issue #2 and #3 Negative Determinations with the following conditions:
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1. Prior to work commencing on site, the wetland line associated with the work in the
subject buffer zone shall be re- flagged in the field and the Conservation Agent shall be
notified for verification.
2. Prior to work commencing on site, a mitigation planting plan for the 25' No Disturb Zone
that is commensurate for the proposed NDZ incursion, shall be submitted for
Commission review and approval.
3. Prior to or at least concurrent with work on site, the 25' No Disturb Zone mitigation
planting plan as well as the previously required tree planting under Order of Conditions
DEP File #5 -986 shall be carried out. See attached for the OOC #5 -986 planting plan for
reference. — Once the plantings have been installed, the Conservation Agent shall be
notified for verification.
Seconded by Buchsbaum. The motion carries 5 -0.
Recess for Public Hearings
Paluzzi moves to recess for public hearings. Seconded by Buchsbaum. The motion carries 5 -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
Mike Aveni, Steve Drohosky and Mark Sleger are present. Aveni summarizes review of the
NOI including a peer review on their speculative project with advanced stormwater
infrastructure. He notes the stormwater management system is designed to support 270,000 s.f
of impervious surface. He notes wetland flags have been re- established in the field. Aveni
suggests that the proposed project is not expected to adversely impact adjacent resource area.
Matt Cote and Gerry Greble of Beals and Thomas, peer reviewer for the Commission are present.
Cote refers to their August 10, 2017 review letter and reviews the points made therein which call
for the need of MEPA review, revised existing conditions plan and test pits to affirm stormwater
assumptions, and notes the comments that have been addressed and those that are still in
question.
Discussion ensues with the applicant about possibility of two buildings developed on the site that
would be upland. Aveni notes the lowland would be used for drainage. The slope would be 3:1.
Discussion addresses if there is any option to avoid cutting into ledge, with Pirrotta noting that
absent buildings the shape of the detention basin can change to avoid impacts. Drohosky notes
their need to maximize use of the upland portions of the site.
Buchsbaum opines that the applicant could come before the Commission when an actual project
is proposed. Discussion ensues about MEPA advisory opinions that have been sought by the City
and the applicant.
Buchsbaum asks if there are any questions from the audience. There are none.
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Paluzzi moves to close the hearing. Seconded by Buchsbaum. The motion carries 5 -0.
Cont: 9 Kinsman Street — MPM Companies, LLC c/o Michael McNiff
Bob Griffin and Mike McNiff are present. Griffin briefly recaps the project and notes that
wetland flags and site conditions were reviewed during recent site walk with the Commission.
He notes that wetland consultant Bill Manuell revisited the site to review flag locations as
requested by the Commission and provided a follow up letter confirming the current delineation.
Discussion ensues as to possible materials for the driveway, with Griffin noting pervious
pavement is not practical here. Buchsbaum asks review of the mitigation for incursion into the
25' NDZ. Griffin explains rain garden and buffer zone replanting proposed.
Buchsbaum asks if there are any questions from the audience. There are none.
Grandoni moves to close the hearing. Seconded by Buchsbaum. The motion carries 5 -0.
New: 11 Whitehall Circle — WC Development, LLC c/o Gary Patch
Maxner reads legal notice. Bob Griffin representing the applicant explains the previous Order
expired which governed construction of a single family house, for which the site grading was
started. He notes the new owner plans to start the project this fall, noting that a smaller amount of
grading is proposed compared to previous plan. Drainage calculations were done and sent to peer
review consultant and the City Engineer. A 1,000 gallon dry well versus 500 gallon dry well will
be used as the result of increase in impervious surface. The detention pond remains appropriately
sized. The Commissioners agree they will individually visit the site as their schedules permit.
Discussion addresses if proposed house could be located slightly farther away from the wetland.
Buchsbaum asks if there are any questions from the audience. There are none.
Paluzzi moves to continue until September 20, 2017 meeting. Seconded by Herbster. The motion
carries 5 -0.
Reconvene Regular Meeting
Paluzzi moves to reconvene the regular meeting. Seconded by Buchsbaum. The motion carries 5-
0.
OLD /NEW /OTHER BUSINESS
New: 550 Cabot Street, DEP File #5 -1136 — Beverly Children's Learning Center c/o Judith
Cody
Judy Cody of BCLC is present. Maxner notes the Commission issued an Order three years ago
for site improvements. Cody notes fencing has been installed, and the plans are to remove
asphalt driveway and return area to grass and /or playground sod when additional funds are
available. Maxner reports that the area with yard waste from the previous owner was cleaned up
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and reseeded and she asked that the catch basin be surrounded with cape cod berm to redirect
water. She notes the site is contained and erosion control is working well.
Paluzzi moves to extend the Order of Conditions for one year. Seconded by Herbster. The motion
carries 5 -0.
New: 147 West Street, DEP File #5 -1132— Margarita & Paul Medini
Laura Gibson representing the applicant explains the need for an extension based on house
project taking a year longer than expected. Therefore plantings were not begun until spring of
2016. Eradication of poison ivy and bittersweet was done during 2015 and 2016. Cool weather
conditions caused some replanting to be done. There was an increase in the number of native
plants and shrubs.
Paluzzi moves to grant an extension of one year to allow for monitoring of survivorship of
plantings Seconded by Herbster. The motion carries 5 -0.
New: 92 Boyles Street, DEP File #5 -1161 — request for Minor Modification to Order of
Conditions — Ryan Livermore
Ryan Livermore is present explaining his interested in shifting the location of the proposed house
closer to the front lot line and further away from the vernal pool. He notes the actual foundation
size of the house will be reduced by 30% but there will be a covered front porch. A private well
will be used, and City sewer. A pre - construction meeting will be held for Maxner to inspect
erosion control.
Paluzzi moves to issue a Minor Modification to Order of Conditions. Seconded by Grandoni.
The motion carries 5 -0.
New: 4 Emily Way — tree removal request — Scott Goss
Maxner notes the information is forthcoming on this request. Paluzzi moves to continue to the
September 20, 2017 meeting. Seconded by Herbster. The motion carries 5 -0.
New: Planning Board Request for Comments — 20, 30 & 40 Webster Avenue — OSRD Site
Plan Annlication — Benco. LLC c/o Ben Carlson
Bob Griffin representing the applicant describes the property and watershed context. He notes a
yield plan will be presented to the Planning Board that meets subdivision regulations. The
proposal is for 9 houses, test pits were done, and some blasting will be required. A grading plan
was summarized for the Commission. Four alternative layouts were outlined for the Commission
and briefly discussed. Open space from this project may be gifted to Essex County Greenbelt.
The Commission reviews the conceptual plans noting that the detention basin should be located
as far from the wetlands as possible, with members noting their preference for both C -4c and C-
4d limit the amount of impervious surfaces and act to cluster the proposed houses closer together.
Commission notes these two plans with a slight preference for C -4c as yard space is more clearly
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defined and somewhat separated from each other to allow some level of privacy between the
units.
Cont: Draft Amendments to Beverly Wetlands Regulations — Update on review
Maxner reports that Chair Bertoni, Vice Chair Buchsbaum, City Solicitor Stephanie Williams
and Maxner met with Jeff Roelofs a month or so ago to review amendments. She hopes these
will be finalized in September and presented to the entire Commission and subsequently the
public.
New: Review of Minor Project Permits Issued by Agent
Paluzzi moves to issue a minor project permit for 5 Brookhead Avenue. Seconded by Herbster.
The motion carries 5 -0.
New: Expenditure Approvals:
None.
ADUroval of Minutes
Herbster moves to approve the May 24, 2017 minutes as amended. Seconded by Grandoni. The
motion carries 5 -0.
Orders of Conditions
50 Dunham Road— Dunham Ridge, LLC c/o Stephen Drohoshy
Discussion addresses challenge for the Commission to make a decision about buffer zone
disturbance when proposed project is unknown, and impact on size of proposed detention basin.
Discussion ensues as to the developable upland area consisting of vacant acreage that provides
multiple alternatives for designing the project outside jurisdictional areas or shrink the footprint
of activities within the buffer zone. Buchsbaum notes no alternatives were provided to the
Commission for evaluation. Discussion ensues regarding the full scope of the development being
unknown. Members discuss the proposed blasting of ledge where there seemed to be room
within the site to shift the location of the basin in order to avoid blasting so close to the wetland.
Members discuss whether lack of mitigation to off -set impacts.
Paluzzi moves to deny project and prohibit the work under the Act and Ordinance based on
discussion. Seconded by Herbster. The motion carries 5 -0.
9 Kinsman Street— MPM Companies, LLC c/o Michael McNiff
Discussion ensues as to decision under the Act. Paluzzi moves to approve the project under the
Act subject to general and following special conditions as discussed:
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1. Prior to Conservation Commission building permit or foundation permit sign off and
construction or any activity on site, all yard waste piles and foreign debris /objects shall
be removed from within the wetland and buffer zone and disposed at an appropriate off -
site facility. A site inspection shall be scheduled with the Conservation Agent to verify
compliance with this condition.
2. Erosion controls shall consist of hay bales and silt fence both entrenched below grade and
securely staked.
3. The retaining wall and driveway with binder coat and berm shall be constructed prior to
any other element of the project so as to ensure a stable site access. The binder - coated
driveway shall be kept clean to reduce sediment load and keep soils from being tracked
on to the public street.
4. Care shall be taken to ensure that the driveway is properly graded per the approved plan
so that runoff is directed to the rain garden and away from the wetland.
Seconded by Herbster. The motion carries 5 -0.
Discussion ensues as to the applicant's request for waiver from the 25' NDZ under the
Ordinance, with Buchsbaum noting this is a grandfathered buildable lot, which is constrained by
its dimensions and moreover by the location of the wetlands along the frontage of the lot.
Discussion ensues relative to incursions mitigated for by way of LID stormwater runoff
management (i.e. rain garden) and buffer zone restoration plantings to improve existing degraded
conditions of the NDZ. Paluzzi moves to grant the 25' NDZ waiver and issue standard and the
following special conditions as discussed under the local Ordinance.
1. Prior to Conservation Commission building permit or foundation permit sign off and
construction or any activity on site, all yard waste piles and foreign debris /objects shall
be removed from within the wetland and buffer zone and disposed at an appropriate off -
site facility. A site inspection shall be scheduled with the Conservation Agent to verify
compliance with this condition.
2. Erosion controls shall consist of hay bales and silt fence both entrenched below grade and
securely staked.
3. The retaining wall and driveway with binder coat and berm shall be constructed prior to
any other element of the project so as to ensure a stable site access. The binder - coated
driveway shall be kept clean to reduce sediment load and keep soils from being tracked
on to the public street.
4. Care shall be taken to ensure that the driveway is properly graded per the approved plan
so that runoff is directed to the rain garden and away from the wetland.
5. The rain garden shall be constructed under the direct supervision of the design engineer
or qualified wetland scientist /consultant to ensure proper function and design. Written or
photographic evidence of said supervision shall be provided to the Commission to ensure
compliance with this condition.
6. The 12" Norway maple located at the front of the property (approx.. 18' west of wetland
flag 2A) may be removed contingent upon the planting of a native tree species not less
than 2" in caliper and installed in the same general vicinity within the 25' No Disturb
Zone restoration area.
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7. Prior to the issuance of a Certificate of Compliance, all No Disturb Zone markers shall be
installed per the approved plan and they shall have plaques bearing language on their
upland side reading "No Disturbance Beyond This Point By Order Of the Beverly
Conservation Commission ". Said signs /monuments shall be installed such that they are
not less than 2 feet and no more than 4 feet above grade to ensure that it is visible in the
field.
8. The markers as described in Special Condition #7 above shall be kept in good repair and
replaced as necessary. This condition shall be on -going and shall survive beyond the
issuance of a Certificate of Compliance.
9. Prior to the issuance of a Certificate of Compliance, the mitigation plantings shall exhibit
at least 75% overall survivorship for herbaceous and 100% for trees 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.
10. The mitigation planting areas 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.
11. Other than side -cast of snow due to routine plowing activities along the driveway, snow
storage by way of purposeful pushing or depositing, stockpiling or dumping is prohibited
within the 25' NDZ, and wetland. Snow storage, as described by the project engineer
snow can be stockpiled at the easterly corner of the house at end of driveway. This
condition shall be on -going and survive beyond the issuance of a Certificate of
Compliance.
Seconded by Grandoni. The motion carries 5 -0.
Adjournment
Paluzzi moves to adjourn the meeting at 10:15 p.m. Seconded by Herbster. The motion carries 5-
0.
The next regular meeting of the Conservation Commission is Tuesday, September 20, 2017 at
Beverly City Hall, 3rd Floor Council Chamber.