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01-09-18 BCC MinCITY OF BEVERLY PUBLIC MEETING MINUTES BOARD: SUBCOMMITTEE: DATE: BOARD MEMBERS PRESENT: BOARD MEMBERS ABSENT STAFF MEMBERS PRESENT OTHERS PRESENT: RECORDER: Conservation Commission January 09, 2018 Chair Christine Bertoni, Vice Chair Robert Buchsbaum, David Dines, Rick Grandoni, Stephanie Herbster, Jenna Pirrotta Bill Squibb 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. REQUEST FOR DETERMINATION OF APPLICABILITY Cont: 6 Cavendish Square — Jeff & Megan Williams The Commission schedules a site visit for 8:00 a.m. on Sunday, January 21. Buchsbaum moves to continue this application until February 7. Seconded by Dines. The motion carries 6 -0. New: 420 Cabot Street — extend concrete ramp and construct advertising brand wall — Kelly Auto Group Maxner reads legal notice. Chris Broyles from Meridian Associates describes details of site plan for 420 Cabot Street, identifying 25' No Disturb Zone and 100' buffer zone. As well as 100 year flood zone where 40 cubic feet of work is planned. The proposed work is a brand wall and extension of existing ramp (about the length of a car) for easier access to drive cars into the showroom. Broyles notes a wetland delineation was done by DeRosa Environmental in July 2016. Maxner asks for elevations of resources and work areas. Broyles responds the wetland elevation is 7, and pavement is at elevation 15 -18. Bertoni asks the cubic feet of impact in the floodplain, with Broyles responding it is 40 cubic feet and stating it equals about 134 square feet. Buchsbaum asks if the area indeed floods. Brian Kelly states he has been the owner of the property since 1985 and has never seen the parking lot flood. Conservation Commission January 9, 2018 Meeting Minutes Page 2 of 7 There being no further questions, Buchsbaum moves to issue a Negative #2 Determination. Seconded by Herbster. The motion carries 6 -0. Recess for Public Hearings Buchsbaum moves to recess for public hearings. Seconded by Dines. The motion carries 6 -0. NOTICES OF INTENT /ABBREVIATED NOTICES OF INTENT/REQUESTS FOR AMENDED ORDERS OF CONDITIONS Cont: 15, 43 & 47A Water Street — license existing floats and docks, install new piles — Beverly Port Marina c/o Jonathon Silver Jonathan Silver, general manager of Beverly Port Marina, representing the applicant who seeks to retroactively license a number of existing floating docks at the site per Chapter 91. Chapter 91 requires that the project receive an Order of Conditions before a Chapter 91 license can be issued. Silver provides the Commission with copies of plan that contained date stamp and signature by engineer. He outlines changes as listed at the last meeting. Maxner notes that based on her review the revised plan meets what the Commission has asked for. She notes that Exhibit A will be incorporated once typos have been fixed. Bertoni asks if there are any questions from the audience. There are none. Dines moves to close the hearing. Seconded by Buchsbaum. The motion carries 6 -0. Cont: 61 Ober Street —Diane O'Brien Rich Williams of Williams & Sparages representing the applicant, and Ms. Obrien are present. Williams notes items amended on the plan include detail on seawall work demonstration that work will not be done below the mean high water, corner of patio in 25' NDZ taken out and reconfigured for symmetry, infiltration chamber at the back of the house has been removed, and crushed stone receiving areas under downspouts added. There are two flood zones at elevation 14 adjacent to the driveway and velocity zone at elevation 25. He notes approximately 150 cubic yards of fill in the AE Zone will be brought into the site. The spiral staircase will be removed and replaced in -kind at the same location. Construction on seawall at the house side will use equipment and other areas will be done primarily with handwork. No heavy equipment will be used on the beach unless necessary and Maxner will be informed. A final landscape plan that includes native plants will be required to be submitted to the Commission. Bertoni asks if there are any questions from the audience. There are none. There being no further questions, Buchsbaum moves to close the hearing. Seconded by Herbster. The motion carries 6 -0. Conservation Commission January 9, 2018 Meeting Minutes Page 3 of 7 New: 6, 8 & 10 Shortmeadow Road — perform parking lot and stormwater management improvements — Dodge Street Realty Partners, LLC c/o Paul Herrick Maxner reads legal notice. Bill Manuell representing the applicant notes that the applicant is proposing to perform parking lot and stormwater management improvements in the buffer zone and 25' NDZ to BVW that is dominated by phragmites. The areas of work occur within previously degraded buffer zone and NDZ currently being used for parking. The project is designed to improve the parking area and stormwater treatment for the retail plaza on Dodge Street. As part of the project grading will occur, there will be a stone filter strip as well as rain garden leading to outflow. Area by fence will be restored with loam and seed. A low retaining wall (18 inch tall) will be installed using pre -cast concrete block on a crushed stone base. A few invasive Norway maples will be cut down to facilitate parking with replacement as part of landscape plan. Stormwater calculations have been submitted relative to storm events. A Phragmites root barrier will be installed vertically and area backfilled. Erosion control will consist of silt sock. A dumpster will be used on concrete pad. Rip rap area will help convey water to the grassy area. Discussion addresses where snow storage will occur. A trench will be dug relative to traffic island to install lighting. Bertoni asks if there are any questions from the audience. There are none. The Commission schedules a site visit for Sunday, January 21 at 8:30 a.m. Buchsbaum moves to continue the hearing until February 7. Seconded by Bertoni. The motion carries 6 -0. New: 40 Sam Fonzo Drive — construct building, access drive, loading and parking, stormwater management features and associated annurtenances — S & D Real Estate Trust Maxner reads legal notice. Vaclav Talacko of Hancock Associates is present for the applicant and explains details associated with the old outstanding Order of Conditions that has expired for an addition to existing Aero manufacturing building. He explains the new proposal which involves construction of a warehouse /office building, access drive, loading and parking, stormwater management features and associated appurtenances. Work to take place within the 100 -foot buffer zone to BVW and 25' NDZ for stormwater outlets. Talacko notes that Hancock has re- delineated the wetland and it is more conservative that the Hayes line, which brings the stormwater outlets into the 25' NDZ. Bertoni asks clarifying questions regarding stormwater treatment, building size, with Talacko explaining the elements of the subsurface infiltration chamber and square footage changes from the previously approved addition under the old order. Buchsbaum asks clarifying question as to Bass River location and 200 -Foot Riverfront Area in relation to the site. Talacko states the site is well outside Riverfront and Hancock will provide additional information supporting that. Discussion addresses whether or not a partial Certificate of Compliance would be issued by the Commission for the expired Order. The Commission agrees to view site conditions and provide further guidance on this issue. Bertoni asks if there are any questions from the audience. There are none. Conservation Commission January 9, 2018 Meeting Minutes Page 4 of 7 The Commission schedules a site visit for 9:30 a.m. on Sunday, January 21. Buchsbaum moves to continue the hearing until February 7. Seconded by Dines. The motion carries 6 -0. New: 59 Lothrop Street — construct porch, patio, fence and landscaping — Angel Crandell Maxner reads legal notice. Bob Griffin representing the applicant describes proposal to improve backyard of property. He explains the proposed improvements include a porch enclosure over existing wood deck, installing an expanded blue stone patio to replace brick patio, drywell installation (collecting runoff from the roof and patio), landscaping (shrubs and perennials) and fence replacement and extension (on property line out of public way down to the seawall). Work to take place within 100 -foot buffer zone to upper coastal bank (there are two coastal banks) and the 25' NDZ. Some plantings will be removed to provide for a vegetable garden. Some fill will be brought to the site. There will be an increase in impervious surface of 785 s.f. Plants proposed for outside of NDZ will provide habitat value. Griffin reviews the wetland resource areas on site, which include upper and lower coastal banks, land subject to coastal storm flowage and 100 -foot buffer zone. Bertoni asks if there are any questions from the audience. There are none. A site visit is scheduled for 10:30 a.m. on Sunday, January 21. Bertoni moves to continue the hearing until February 7. Seconded by Herbster. The motion carries 6 -0. Reconvene Regular Meeting Bertoni moves to reconvene to the regular meeting. Seconded by Dines. The motion carries 6 -0. OLD /NEW /OTHER BUSINESS Cont: Beverly port — Airport Solutions Group /Airport Manager The Commission has not received any new information. Maxner will check in with the project team for the next meeting. Cont: Draft Amendments to Beverly Wetlands Regulations The Commission has not received any new updates. There were no new projects, expenditures or other extensions, emergency certifications, enforcement orders, etc. Minutes Approval There were no minutes ready for the Commission's review. Bonfire at Ober Park Conservation Commission January 9, 2018 Meeting Minutes Page 5 of 7 Maxner and Bertoni report on Ryal Side resident interest in a Christmas tree bonfire at Ober Park. Bertoni met with Ward 1 Councilor David Lang at the park to identify preferred locations for the fire on site. Maxner met with the fire chief at the site and there was concern about safety in identified locations. Maxner notes that after the Chief's feedback, City officials have agreed to hold the bonfire in the parking lot at Ober Park on Friday, January 19t Orders of Conditions Beverly Port Marina, DEP File #5 -1230 — Suzanne & Frank Kinzie The Commission discusses findings for the waiver request from the 25' NDZ, with Buchsbaum noting that as marina operations and Chapter 91 License requirements for public access necessitate structures and activity within 25 feet of the coastal bank and land under the ocean; Bertoni notes that existing conditions will not be left in a more degraded state and work impacts will be temporary and current uses will not change due to the project. Discussion ensues as to possible Standard Conditions and Special Conditions under the Act and the local Ordinance. Buchsbaum moves to issue an Order of Conditions, with Standard Conditions and the following Special Conditions as discussed under the Act and local Ordinance: 1. Prior to any work on the new pile installation, the final plans as approved by Army Corps of Engineers and DEP shall be forwarded to the Conservation Commission for its file. 2. Pursuant the Division of Marine Fisheries' standard for protecting winter flounder spawning, in -water work is prohibited between February 15 and June 30 of any year. 3. Bottom - weighted booms /turbidity curtains shall be employed around each area of work, and sediment allowed to settle before removal. 4. If a barge is used to accomplish any work on the project, it shall be floated in during adequate tide and it may sit and be elevated on spuds at low tide and shall not be allowed to bottom out. 5. Fuel spill containment system shall be on site /on barge prior to construction. Said system shall be observed by a representative of the Conservation Commission during the pre - construction meeting. 6. Piles shall be driven and not jetted. 7. Once the new piles are installed and the dock system has been observed for stability and function, a finalized quantity and location of blocks and chains to be removed shall be forwarded to the Commission for its file. 8. The existing anchors and chains slated for removal (and any associated debris) shall be removed and bottom - weighted silt booms /curtains shall be employed during their removal. All chains to be removed shall not be left on the sea floor. 9. Any changes to the approved plan shall be presented to the Conservation Commission by way of request for Minor Modification or Amendment depending on the scope of the change. All proposed changes to the approved plan shall be signed and stamped by a professional engineer. 10. The pouring of concrete for the pedestrian walkway surface shall be undertaken as soon as weather permits. 11. Any fill used in connection with any project on site shall be clean, free of cement, masonry, stumps, asphalt, and any other kind of waste material. Conservation Commission January 9, 2018 Meeting Minutes Page 6 of 7 12. As discussed during the site inspection and hearings, the wheeled lift shall not be stored within 25 feet of the coastal bank (i.e. edge of seawall). 13. The applicant is reminded of their responsibility to properly operate and maintain the boat washing pressure washing system as described in the October 2008 Request for Determination of Applicability submitted by Beverly Port Marina and approved by the Commission. Seconded by Herbster. The motion carries 6 -0. 61 Ober Street, DEP File #5 -1233 — Diane O'Brien Discussion ensues as to possible Standard Conditions and Special Conditions under the Act and the local Ordinance. Maxner notes that a waiver is needed for proposed work/structures in the No Disturb Zone. Buchsbaum notes that foot traffic in the NDZ will occur to access the beach and currently there exists an impervious poured concrete walkway which will be replaced with a pervious paver walkway within the same footprint. Bertoni notes the pervious paver walkway will improve infiltration of runoff and will not leave conditions of the 25' NDZ more degraded than existing. The following special conditions are listed: 1. Prior to implementation, a landscaping plan shall be submitted to the Commission for its review. The use of native species, or at the very minimum NON - invasive species is preferred. Said plan shall include a plant schedule and size. 2. The proposed patio and walkways must be constructed to be pervious to allow for infiltration of precipitation and snow melt. 3. As discussed with the applicant and the applicant's engineer during the public hearings, seawall repair work shall be accomplished manually and the use /operation of heavy construction equipment or vehicles is prohibited on the beach. If use /operation of heavy construction equipment or vehicles is deemed necessary on the beach, the applicant shall appear back before the Commission for approval prior to undertaking activity. 4. The replacement iron spiral staircase shall be within the same footprint as the existing. 5. The landing pad at the base of the spiral staircase shall not be altered without prior approval by the Commission. Herbster moves to issue Standard Conditions and Special Conditions under the Act and local Ordinance and issue the waiver under the Ordinance as discussed. Seconded by Buchsbaum. The motion carries 6 -0. Discussion about Viewing Con Com Files on Dropbox Discussion ensues about the Commission sharing files via Dropbox. Dines will set up access for the members with Maxner as an administrator to be able to download materials. Maxner will check with IT to make sure this is okay. Adjournment Conservation Commission January 9, 2018 Meeting Minutes Page 7 of 7 Dines moves to adjourn at 9:55 p.m. Seconded by Buchsbaum. The motion carries 6 -0. The next regular meeting of the Conservation Commission is Wednesday, February 7, 2018 at Beverly City Hall, 3rd Floor Council Chamber.