11-01-17 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 1, 2017
Chair Christine Bertoni, Vice Chair Robert Buchsbaum,
David Dines, Rick Grandoni, Jenna Pirrotta, Bill Squibb
Stephanie Herbster
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: 17 Bay View Avenue, DEP File #5 -662 — Nicholas Argeros
Bob Griffin representing the applicant, who has recently sold the property, notes this request for
Certificate of Compliance is to close out an Order from 1999 governing construction of an
addition, deck, retaining walls, grading and landscaping. He has provided an as -built plan (with
2017 FEMA maps flood zones) as well as changes to the layout compared to the 1999 plan.
Maxner and Griffin conducted a site walk and Maxner states the site is stable.
In response to Buchsbaum's question about deviations from the plan, Griffin explains that a stone
and mortar apron was placed along the top of the stone seawall to deflect wave spray away from
lawn, but he does not see any negative effects from this or any erosion around it. He note the
seawall is in very good condition. Bertoni asks about the drainage discharge, with Griffin noting
the roof runoff goes to the bituminous driveway that has a catch basin which discharges to the
ground under the fire pit but its outlet could not be found or detected, with no areas of impact
from the estimated terminal end. He notes a shed was placed on rocks where a gravel parking
area had been considered.
Dines moves to issue a complete Certificate of Compliance. Seconded by Grandoni. The motion
carries 6 -0.
New: Cabot Street/Herrick Street, DEP File #5 -1116 — City of Beverly
Maxner notes, the Order, issued in May of 2014, governed the replacement of a culvert section
from stone to concrete pipe, reconstruction of an existing stone headwall to pre -cast concrete,
dredging portion of stream channel immediately adjacent to culvert inlet, and modifying bank
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slopes. Mike Collins, Commissioner of Public Services and Engineering, on behalf of the City
describes headwall replacement at Cabot/Herrick Streets intersection. The area was excavated
and foundation installed as well as concrete headwall and rip rap 25 ft. upstream from the
headwall. He notes that a sediment settling basin/pool will help capture sediment before it goes
through the pipes. He note that there were no unexpected issues during construction.
Maxner explains she has visited the site during construction a number of time to ensure
conditions were met. From today's site inspection, Maxner reports that six trees were planted on
the field side as well as 13 blueberry bushes. She notes that the trees all appear to be doing well
with the possible exception of one oak located on the gas station side. Side slope and rip rap
appears to be stable. There is some debris that collected after recent storm at mouth of 56 inch
pipe which will be removed, according to Collins which will be removed as the City's headwalls
are inspected a few times a year and any sand is removed. An as -built plan was not provided to
the Commission but Collins mentions that the construction was done according to the design
plan including grading.
Grandoni moves to issue a complete Certificate of Compliance with on -going conditions as
noted in the Order. Seconded by Squibb. The motion carries 6 -0.
UEST FOR DETERMINATION OF APPLICABILITY
New: 10 Stone Ridge Road —Andrea Russello
Maxner reads legal notice. Bill Manuell representing the applicant explains that there is an
existing house at the property undergoing a kitchen renovation where doors and windows will be
changed as well as construction of a rear deck behind the house. Beside the home is an existing
stone patio and set of steps which will be turned so it will not encumber the deck as much as it
does currently. Carpentry work will be done on the steps over the existing flag stone patio which
is in good shape. The deck extends out to a grass area on hand dug sonotube holes. Poured
concrete will be used and removed soil will be incorporated into the landscape. The proposed
work is in the buffer zone and the wetlands have been flagged at the site. There is a block wall
with an embankment that was constructed as part of the City's Chubb Brook drainage project.
Maxner notes that enhancement plantings were required as part of a Negative Determination
with the previous owner for an addition, but she did not see any plantings while on site. Maxner
suggests that the mulched slope to the rear of the house could be changed to low growing shade
tolerant vegetation (or allowed to re- naturalize) rather than continue to be mulched. Manuell
explains the removed soil will be spread around the foundation, construction debris will be
removed daily and the driveway will be access to the work area. Manuell notes that the home
owner would like to explore planting along the berm at the block wall, with Bertoni stating that
proposal would have to be a separate application.
Buchsbaum moves to issue a Negative #3 Determination with the following conditions:
1. The mulched area along the slope upgradient from Wetland Flags A3 thru A5 shall be left to
naturalize without further mulching, mowing or pruning.
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2. Any proposed plantings between the Wetland Flag Series A and B shall be reviewed under a
separate application with the Commission.
Seconded by Herbster. The motion carries 6 -0.
Recess for Public Hearings
Squibb moves to recess for public hearings. Seconded by Buchsbaum. The motion carries 6 -0.
Abbreviated Notice of Resource Area Delineation
New: 4 Bomac Road, DEP File #5 -1227 — 4 Bomac Realty, LLC c/o Peter Almeida
Maxner reads the legal notice. Chris Gajeski of Meridian Associates representing the applicant
explains the property has received a zoning variance from the ZBAwhich would allow
automotive retail use. He notes Meridian has submitted the ANRAD for review and confirmation
of delineated wetland resources on site, which includes Bordering Vegetated Wetland, bank/mean
high water of perennial stream and associated 200 -foot Riverfront Area. Bertoni asks
clarification on the nature of the stream. Gajeski explains that the stream is not depicted on the
USGS map but it has been observed to have flow throughout the year and therefore considered
perennial with a Riverfront. Bertoni asks clarification on the monitoring wells. Gajeski notes that
there is a Release Tracking Number from DEP on the property.
Bertoni asks if there are any questions from the audience. There are none.
The Commission schedules a site walk for Saturday, November 4, 2017 at 9 a.m.
Squibb moves to continue the hearing until the Commission's next meeting on November 29,
2017 pending the site walk. Seconded by Buchsbaum. The motion carries 6 -0.
NOTICES OF INTENT /ABBREVIATED NOTICES OF INTENT/REQUESTS FOR
AMENDED ORDERS OF CONDITIONS
New: 38 Cole Street & 4 Thomas Road, DEP File #5 -1226 — Bass River, LLC c/o Lusignan
Bob Griffin representing the applicant recaps the project noting the Commission held a recent
site inspection. Bertoni notes that the site walk was helpful for her to understand site conditions
and all her questions were answered during the walk. Members concur.
Bertoni asks if there are any questions from the audience. There are none.
Buchsbaum moves to close the hearing. Seconded by Grandoni. The motion carries 6 -0.
Cont: 15, 43 & 47A Water Street, DEP File #5- — Beverly Port Marina c/o Jonathon Silver
Jonathan Silver, general manager of Beverly Port Marina, represents the applicant who seeks to
retroactively license a number of existing floating docks at the site per Chapter 91 and also to
install 28 new piles at various locations within the float layout. Discussion ensues as to number
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of blocks and mooring chains needed after pile installation. There was also mention that Army
Corps has not dredged the area but depth is monitored on a regular basis. Discussion ensues on
how there is a need for narrative and plan revisions with more details and notations of all aspects
of structures to be licensed and new work proposed.
Buchsbaum moves to continue the hearing until November 29, 2017 meeting. Seconded by
Squibb. The motion carries 6 -0.
New: 25 Cliff Street, DEP File #5 -1228 — Jennifer & Brian Akeley
Maxner reads legal notice. Bill Manuell representing the applicant explains the intent to
construct an addition, deck, rebuild front porch and steps and relocate driveway within the outer
reaches of the 200 -Foot Riverfront Area to Danvers River. He notes the proposed two -story
addition off of the left side of the house extends into the existing paved driveway, with a 40 s.f
increase in impervious area as a result of the addition. An existing deck would be extended
around the addition with a set of steps into the yard. An 18 foot parking area /driveway is
proposed (this could be staging area during construction). Also proposed is a porch area for front
access to the house.
He reviews the alternative analysis, noting the site is within Riverfront Area so there is no
opportunity for the addition to be created outside that zone. And impacts are within permissible
thresholds under the regulations.
Squibb moves to close the hearing. Seconded by Grandoni. The motion carries 6 -0.
New: 12 Bass River Road, DEP File #5 -1229 — Alfa Zimmerman
Maxner reads legal notice. Bill Manuell representing the applicant describes the proposal to
install a highway noise barrier wall 270 feet in length total, to encompass the rear yard. He notes
the work will take place within the inner and outer Riverfront Area zones and buffer zone to the
Bass River, with the closest section of barrier wall approximately 65 feet from the bank. Manuell
flagged bank resource area and mean high water line for the Bass River.
Manuell explains details associated with construction for noise barrier wall. Also, he notes that
material removed for wall footers will be put into raised planting beds that will be built within
lawn inside the wall confines. Grading (1500 sf) immediately behind the house will be done to
direct runoff away from the foundation as there a dip sloping toward the foundation currently
causing some water problems. He notes that no trees are proposed to be taken down. The ground
surface will be prepared so there is no gap below the panels. Bertoni notes that she would like to
ensure that no work will occur in the woods to the west. Alfa Zimmerman states that she does
not intend to do any work there.
Bertoni asks if there are any questions from the audience. There are none. Grandoni moves to
close the hearing. Seconded by Pirrotta. The motion carries 6 -0.
Reconvene Regular Meeting
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Bertoni moves to reconvene the regular meeting. Seconded by Squibb. The motion carries 6 -0.
OLD /NEW /OTHER BUSINESS
Cont: 6 & 11 Quincy Park and 3 Wilson Avenue (DEP File #'s 5 -1172, #5 -1173 and #5-
1069 (respectively) — Paul Earl, Patricia Brandes & John Mullen
Bob Griffin representing the applicant reviews previous discussion about introducing grout on
the landside of the concrete seawall to enhance long term performance. Maxner reports that
CZM reviewed the project plan and advised that the Commission should determine if the
proposed work would impact the coastal bank. CZM could provide guidance on the water side of
the wall, but since it is landside they defer to the Commission's understanding of the site.
Discussion ensues as to whether the wall functions as a flood and storm damage protection or as
a source of sediment as evidenced by the sink holes.
Griffin describes how grouting on the land side is to support the seawall foundation and improve
stability. He notes if voids are filled this will improve the performance of the seawall. Steel pipes
will be driven by hand adjacent to the wall. Griffin does not believe that the drain pipe in area or
runoff from gutters were contributing to a sink hole that occurred in the area. Maxner notes the
emergency order from February needs to be closed out as part of a NOI. Griffin notes he would
like to do that through the Minor Modification presented here.
Bertoni notes that a condition of the Minor Modification is that a report shall be submitted on the
location of injection sites and amount of cement accepted at each and noted on the plan. Griffin
and Maxner will be on site at the first day of grouting to observe work for part of a day. The
beach side of seawall will be monitored to ensure there is no overflow of grouting to the resource
area. Also, visual monitoring of the final product will be done once a year for five years.
Grandoni moves to approve the request for Minor Modification with conditions as discussed.
Seconded by Buchsbaum. The motion carries 6 -0.
New: Planning Board Request for Comments — 40 Dunham Ridge (50 Dunham Road -
Dunham Ridge, LLC
Maxner notes that Cummings is proposing to construct subsurface stormwater management
system at the front portion of the site southeast of Dunham Castle condominiums. She reports
that based on the plan and her on -site measurements, the stormwater structure is outside the
buffer zone. Discussion ensues about stormwater runoff associated with Norwood Pond relative
to stormwater regulations needing to be met. Another comment is to encourage infiltration on the
site (i.e., rain garden). There will be mention of the recently denied "West Hill" drainage
proposal NOI with no associated development.
New: 16 Bailev Avenue — Tree Removal Reauest - Thomas Aucone
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Maxner reports she observed the subject tree, and the roots are impacting the house foundation
and the tree has been dropping limbs. The tree is 60 feet from the top of the seawall. Members
review photos of the tree. Bertoni moves to allow the tree removal provided that the removal
methods are to adhere to the arborist's specifications, stump may be ground down but root ball to
remain, area of stump grinding should be reseeded and protected from erosion. Discussion
ensues as to the homeowner's intention to replant, with members agreeing to condition that the
new tree needs to be native to New England. Seconded by Grandoni. The motion carries 6 -0.
Orders of Conditions
38 Cole Street & 4 Thomas Road, DEP File #5 -1226
Discussion ensues about Standard Conditions and the following Special Conditions under the Act
and the local Ordinance. Maxner notes that the 25' NDZ is being respected. Buchsbaum moves
to issue Standard Conditions under the Act and Ordinance with the following Special Conditions
under the Ordinance as discussed:
1. The proposed erosion control shall be installed along the limit of the 25 -foot no disturb
zone as opposed to the edge of tree line. No work or construction equipment operation
shall take place between the erosion control and wetland edge.
2. No further tree removal is allowed beyond what is shown on the approved plan. The large
30" twin oak shall be preserved. If any remaining trees require pruning or removal based
on a certified arborist's written diagnosis that the tree poses a hazard or is in imminent
decline /failure, such proposed pruning or removal shall be reviewed by the Commission
under a separate application. This condition is on- going.
Seconded by Squibb. The motion carries 6 -0.
25 Cliff Street, DEP File #5 -1228
Discussion ensues as to conditions and the following Special Conditions under the Act and local
Ordinance. Buchsbaum moves to issue Standard Conditions under the Act and local Ordinance
and the following Special Conditions under the Ordinance as discussed:
1. Erosion control shall be replaced in front of disturbed areas every evening and during
storms to ensure soils and debris do not migrate off site.
2. All asphalt spoils shall be immediately loaded into a waiting dump truck for disposal off
site at an appropriate facility.
Seconded by Bertoni. The motion carries 6 -0.
12 Bass River Road, DEP File #5 -1229
Discussion ensues as to conditions and the following Special Conditions under the Act and local
Ordinance. Buchsbaum moves to issue Standard Conditions under the Act and local Ordinance
and the following Special Conditions under the Ordinance as discussed:
1. As discussed with the applicant and her representative at the November 1, 2017 hearing,
all trees located within the vicinity of the noise barrier wall shall be preserved and
protected from installation activities.
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2. Proposed plantings along the inside perimeter of the noise barrier wall shall incorporate
as many native species as possible, and any non - native species shall not be invasive.
3. The area of grading behind the house shall be loamed and seeded upon completion and
protected from washout and erosion during seed germination.
4. The remaining forested part of the property located to the west of the noise barrier wall
shall be left in its natural state. Any proposed removal of vegetation or hazardous trees
shall be reviewed and approved by the Conservation Commission under separate cover.
This condition is on -going and shall survive beyond issuance of a Certificate of
Compliance.
5. The section of front yard between the house, the street and the westerly neighboring
boundary shall be left open to allow for wildlife movement. This condition is on -going
and shall survive beyond issuance of a Certificate of Compliance.
Seconded by Squibb. The motion carries 6 -0.
Cont: Draft Amendments to Beverly Wetlands Regulations
Bertoni, Buchsbaum, and Maxner have provided final edit suggestions to special counsel Jeff
Roelofs for his compilation on a draft which should be forwarded to the Commission soon.
Adjournment
Buchsbaum moves to adjourn at 10:10 p.m. Seconded by Grandoni. The motion carries 6 -0.
The next regular meeting of the Conservation Commission is Tuesday, November 29, 2017 at
Beverly City Hall, 3rd Floor Council Chamber.