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.
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September 20, 2017 Meeting Minutes
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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
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September 20, 2017 Meeting Minutes
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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.
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September 20, 2017 Meeting Minutes
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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:
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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
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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