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09-20-17 BCC MinCITY OF BEVERLY PUBLIC MEETING MINUTES BOARD: SUBCOMMITTEE: DATE: BOARD MEMBERS PRESENT: BOARD MEMBERS ABSENT STAFF MEMBERS PRESENT OTHERS PRESENT: Conservation Commission September 20, 2017 Chair Christine Bertoni, Stephanie Herbster, Jenna Pirrotta, Bill Squibb, David Dines Robert Buchsbaum, Richard Grandoni Amy Maxner, Environmental Planner RECORDER: 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. Request for Determination of Applicability New: 7 Hemlock Street — Eric Swanzy Maxner reads the legal notice. It is noted that the applicant is not present, so the Commission decides to table this item until a representative appears. New: 64 Putnam Street —Mark Mancini Maxner reads the legal notice. Mark Mancini is present and explains his proposal to construct 620 square foot addition that will be approximately 64 feet from the edge of bordering vegetated wetland. He notes Griffin Engineering prepared the plan and established the wetland line. Bertoni asks how roof runoff will be handled. Mancini states that it will all be pitched toward the street to city drainage. Maxner confirms the foundation will be frost wall only. Mancini states yes, noting that the ground level will be a garage and second floor will be kitchen expansion. Discussion ensues as to driveway expansion or reconfiguration, with Mancini noting that has not been fully decided. Possible conditions for the project are discussed. Squibb moves to issue a Negative #3 Determination with the following conditions as discussed: 1. Prior to work, erosion control shall be installed and inspection made by Conservation Agent. 2. Stone drip edge may be constructed. 3. If a walkway at rear of garage is proposed or driveway expanded, design plans shall be submitted to the Conservation Commission for review. Seconded by Herbster. The motion carries 5 -0. Conservation Commission September 20, 2017 Meeting Minutes Page 2 of 6 Squibb moves to recess for public hearings. Seconded by Pirrotta. The motion carries 5 -0. Notices of Intent /Abbreviated Notices of Intent/Requests for Amended Orders of Condition Cont: 11 Whitehall Circle — WC Development, LLC c/o Gary Patch Bob Griffin of Griffin Engineering representing the applicant notes that the Commission continued the hearing in favor of visiting the site individually. He notes the project is to construct a single family house and no plan changes have been made. He explains that drainage calculations are done for each lot in this subdivision and has been completed for this lot. Bertoni asks if there are any questions from the audience. There are none. There being no further questions, Herbster moves to close the hearing. Seconded by Squibb. The motion carries 5 -0. New: 9 Waldemar Avenue —John Avallon Maxner reads the legal notice. Bob Griffin of Griffin Engineering and John Avallon are present. Griffin explains the project is to demolish the existing and construct new single family house with associated appurtenances with work to take place within buffer zone to coastal bank, bordering vegetated wetland and land subject to coastal storm flowage. Griffin responds to Commission questions regarding two flood zone elevations and locations of new structures, impervious surface calculations and conditions of the seawall and 25' NDZ. Bertoni asks if there are any questions from the audience. Resident of 6 Waldemar Avenue notes his concerns over site lines to the ocean with the new structure as 1 or 2 feet are material to him. Griffin notes the applicant was very sensitive to view scapes. Greg St. Louis notes that if the road is private the pipe may not be the City's. Avallon notes that the pipe was put in 55 years ago. The Commission schedules a site inspection for September 23 d at 8:00 a.m. Dines moves to continue the hearing to the October I 01 meeting. Seconded by Pirrotta. The motion carries 5 -0. New: Intersection of Essex Street & Old Essex Road — City of Beverly c/o Greg St. Louis, Department of Public Services & Engineering Maxner reads the legal notice. Greg St. Louis, City Engineer, explains the proposal to reconstruct intersection at Essex Street and Old Essex Road within the 100 -foot buffer to pond bank and bordering vegetated wetland. He notes that Old Essex Road is a City right of way and the intersection itself is not under the DOT's jurisdiction. St. Louis responds to Commission questions regarding impervious surface calculations, and stormwater management features. He notes that impervious surfaces will decrease by about 3,700 s.f and the catch basins will be Conservation Commission September 20, 2017 Meeting Minutes Page 3 of 6 replaced with new deep sump models, with no new outlets to the pond with no culvert or utility changes proposed. Bertoni asks if there are any questions from the audience. Vince Williams of 344 Essex Street asks clarification on the fire hydrant, which will not be altered according to St. Louis. There being no further questions, Dines moves to close the hearing. Seconded by Herbster. The motion carries 5 -0. Squibb moves to reconvene the regular meeting. Seconded by Dines. The motion carries 5 -0. Request for Determination of Applicability New: 7 Hemlock Street — Eric Swanzy Eric Swanzy addresses the Commission and explains his proposal to demolish the existing deck, remove old footings and old concrete pads to be refurbished to natural ground cover and then construct new deck and stairs at the northwest corner of the house with 7 new footings. Work will remove and replace wooden deck and stairs to be positioned further outside the limit of the 25' NDZ. Berton asks how the excavated materials will be handled. Swanzy he expects the contractor will take it off site. Discussion ensues as to possible conditions for the project. There being no further questions, Dines moves to issue a Negative #3 Determination with the following conditions, noting that the work in the 25' NDZ will improve existing conditions and remove structures outside this zone: 1. Operation of heavy equipment if prohibited within the 25' NDZ and 100 -foot buffer zone. 2. All demolished materials including concrete pads shall be disposed of at an off -site facility. 3. Any foreign debris or unsuitable materials found in excavated soils shall be disposed of off - site. Seconded by Herbster. The motion carries 5 -0. Old/New /Other Business New: 441 Hale Street, DEP File #5 -1135 — Helen Greiner Laura Gibson, landscape architect representing the applicant, explains the request for Minor Modification and Extension to Order of Conditions. She notes that the Minor Mod relates to modifications to shapes and locations of stairs, terraces and landscape /retaining walls, paving of walkways and increased plantings. She notes that the house construction is not complete, with a mid - December move in date. She states that the landscaping enhancement plantings within jurisdictional area were installed early this spring, so this summer would be the first growing season, where two are needed to establish survivorship per the conditions of the Order. Herbster moves to approve the Minor Modification. Seconded by Pirrotta. The motion carries 5- 0. Herbster moves to issue the 1 -year extension. Seconded by Sqluibb. The motion carries 5 -0. Conservation Commission September 20, 2017 Meeting Minutes Page 4 of 6 New: Emily Way (Standley Street Gardens), DEP File #5 -1166 — Thomas Carnevale Attorney Tom Alexander and applicant Thomas Carnevale are present. Alexander explains the request for Minor Modification to Order of Conditions which would establish a new deadline for buffer zone plantings. He notes that six homes are sold, two are under construction and the contractor needs to maneuver behind the houses in the buffer zone to get the construction complete and that would conflict with the plantings if they were installed. Bertoni notes she conducted a site visit and walked the area with Mr. Carnevale. She notes that the modification makes sense to ensure a good result in the restoration area. Bertoni moves to issue the following modification: Revise language of Special Condition #8 to read: The buffer zone restoration and adjacent Conservation Commission parcel clean -up efforts shall be completed prior to Conservation Commission sign off and issuance of the Certificate of Occupancy for the last of the 4 lots within the subdivision located within the 100 -foot buffer zone, but in any event said restoration shall be completed no later than October 31, 2017. Said buffer zone restoration plantings shall receive watering /irrigation if natural precipitation levels are not adequate to maintain survivorship. The Conservation Agent shall verify buffer zone clean up and restoration prior to sign off on CO. Seconded by Dines. The motion carries 5 -0. New: 254, 272 & 282R Essex Street YMCA, Ordinance Approval #2017 -01— YMCA Charlie Wear of Meridian, Charlie Spicer of Windover and Chris Lovasco of YMCA are present representing the applicant. Maxner notes that blasting has impacted the IVW by draining it. Wear explains that this IVW is part of an old quarry and perhaps the blasting created a fissure in the granite but notes that blasting charges were below recommended limits, with the last blast completed on April 28 Maxner notes that Spicer reported to her that the wetland was observed dry the next day and has been since. Discussion ensues as to possible approaches to remedy the problem, with Wear noting the possibility of grouting the bottom of the wetland basin area. Bertoni notes that the wetland needs to be monitored before a remedy is approved. The representatives agreed to make observations of the IVW every two weeks at least into December and more frequently after rain events. The Commission will reconvene on this issue when more observations are undertaken. New: 12 Middlebury Lane, Victor Gangi — Tree Removal Request Victor Gangi is present and explains his request to remove a 12" Red Oak located approximately 10 feet off the southwest corner of the rear deck and adjacent to Bordering Vegetated Wetland (BVW), and pruning of a White Oak and pine tree to the west of retaining wall within drain easement, and pruning of a beech, hickory and oak tree all located at the northeast corner of the lot within the 100 -foot buffer zone to the BVW Maxner refers the Commission to the surveyed plan of the site that includes wetland delineation previously reviewed by the Commission under a old Order of Conditions. Bertoni moves to allow removal and pruning as described subject to the following conditions: Conservation Commission September 20, 2017 Meeting Minutes Page 5 of 6 The crane shall operate from the driveway and front side of the house and not any further into the buffer zone. The Red Oak shall be flush cut to grade and not ground out. The root structure shall be left untouched. • Cuttings shall not be deposited into the wetland resource area. Seconded by Herbster. The motion carries 5 -0. Cont: 4 Emily Way — Tree Removal Request - Scott Goss Maxner explains there are about 5 pine trees located up top of the ledge area behind #4 Emily Way. These trees are not within wetlands or buffer zones but are located on Commission held land. She notes the City Arborist looked at the trees and note they are still healthy but now exposed from the clearing and blasting so are vulnerable to wind shear. Bertoni notes that if they constitute a hazard she has no problem with their removal, and recalls the City Solicitor provided an opinion that it would be up to the City Arborist to remove or allow removal of trees located on City land. Commission members agree. Cont: Draft Amendments to Beverly Wetlands Regulations Maxner states the draft amendments are being tweaked and are hopefully forthcoming sometime this fall. New: Expenditure Approvals Bertoni moves to approve the $3,884.24 expenditure payable to Jeff Roelofs for his continued special counsel on amending the Beverly Wetlands Regulations. Seconded by Herbster. The motion carries 5 -0. Orders of Conditions 11 Whitehall Circle — WC Development, LLC c/o Gary Patch Discussion ensues as to possible conditions, with Maxner reviewing the previous Order of Conditions. She notes no work is proposed within the NDZ. Squibb moves to issue Standard Conditions and the following Special Conditions under the local Ordinance only as this is within buffer to IVW, as discussed: 1. Pool draw down and discharge shall be directed to drywell and not discharged directly to the wetland resource area. This condition is on -going and shall survive beyond the issuance of a Certificate of Compliance. 2. Installation of the proposed 1,000 gallon drywell is a requirement of this approval. Seconded by Pirrotta. The motion carries 5 -0. Intersection of Essex Street & Old Essex Road — City of Beverly c/o Greg St. Louis, Department of Public Services & Engineering Conservation Commission September 20, 2017 Meeting Minutes Page 6 of 6 Discussion ensues as to the 25' NDZ waiver, with Bertoni noting due to the roadway geometry to accommodate the roundabout configuration constrains options for layout and proper circulation and safety, and the square footage of 25' NDZ incursion is relatively limited and in some areas structures will be pulled out of the NDZ. The Commission members note that the project will not result in further degradation of the NDZ or wetland resource. Dines moves to approve the project under the Act and the Ordinance with grating a waiver from the 25' NDZ as discussed, with standard conditions and the following special conditions as discussed: 1. Prior to work commencing, a revised plan set shall be submitted to the Commission that depicts the 25 -Foot No Disturbance Zone and 100 -Foot Buffer Zone which is associated with Wetland C Series. 2. As described in the 25 -Foot No Disturb Zone Waiver Request Worksheet submitted with the NOI, the proposed sidewalk sections located within the buffer zone shall consist of cement concrete as opposed to bituminous asphalt. 3. The proposed guardrail shall not be located any closer to the wetland than shown in the approved plan. 4. Any spoils or excavated materials shall be hauled off site or spread for grading so as not to significantly change any grades in the buffer zone. All spread or exposed soils shall be immediately seeded with a protective layer of straw to avoid seed washout. 5. All catch basins shall be inspected and cleaned if necessary in spring and fall for at least the first two years post installation. Adjournment Squibb moves to adjourn at 10:20 p.m. Seconded by Herbster. The motion carries 5 -0. The Next Regular Meeting of the Conservation Commission is Tuesday October 10, 2017