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02-07-18 BCC MinCITY OF BEVERLY PUBLIC MEETING MINUTES BOARD: SUBCOMMITTEE: DATE: BOARD MEMBERS PRESENT: BOARD MEMBERS ABSENT STAFF MEMBERS PRESENT OTHERS PRESENT: RECORDER: Conservation Commission February 07, 2018 Chair Christine Bertoni, Vice Chair Robert Buchsbaum, David Dines, Stephanie Herbster, Jenna Pirrotta, Bill Squibb Rick Grandoni 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 Chamber, Beverly, MA. REQUEST FOR CERTIFICATE OF COMPLIANCE New: 400 Hale Street, Beverly Ordinance Approval File # 01 -2013 — Endicott College c/o Dennis Monaco Chris Broyles from Meridian Associates addresses the Commission relative to the Order issued in May 2013 for the Callahan Center, which involved rehabilitation and expansion of the existing Callahan Center and associate appurtenances. _ He notes the gravel shoulder was addressed under a separate Notice of Intent for a water quality trench, a Certificate of Compliance for which will be submitted in the spring once the trench function is observed through a full season. He notes the College is in the process of getting caught up on closing out old Orders. Maxner notes that aside from the water quality trench issue, the rest of the project is compliant. Bertoni notes that, in addition to Standard Perpetual Conditions, the stormwater operation and maintenance program reports will be submitted to the Commission for the first couple of years on an annual basis. Buchsbaum moves to issue a complete Certificate of Compliance with perpetual conditions as discussed. Seconded by Herbster. The motion carries 6 -0. REQUEST FOR DETERMINATION OF APPLICABILITY Cont: 6 Cavendish Square — Jeff & Megan Williams Maxner notes that the Commission held a site inspection and advised the applicant that a wetland delineation is required. She notes the applicant is currently securing those services. Conservation Commission February 7, 2018 Meeting Minutes Page 2 of 6 Buchsbaum moves to continue this application until March 6. Seconded by Squibb. The motion carries 6 -0. Recess for Public Hearings Dines moves to recess for public hearings. Seconded by Squibb. The motion carries 6 -0. NOTICES OF INTENT /ABBREVIATED NOTICES OF INTENT/REQUESTS FOR AMENDED ORDERS OF CONDITIONS Cont: 6, 8 & 10 Shortmeadow Road — Dodge Street Realtv Partners, LLC c/o Paul Herrick Tom Mannetta, project engineer, notes that a report has been submitted on the status and management of the Phragmites. Discussion ensues about what type of herbicide (Rodeo) is appropriate for wetland use to be applied by a licensed professional with a permit. Buchsbaum notes that accordingly the guidance document has to be revised. Bertoni asks if the rain garden maintenance is in the O &M plan, Mannetta confirms. Squibb asks if the 40 -mil plastic is strong enough as a root barrier. Mannetta responds that Bill Manuell has checked in with Laura Gibson regarding Phragmites maintenance /eradication. Bertoni asks if there are any questions from the audience or any more from the Commission. There are none. Herbster moves to close the hearing. Seconded by Dines. The motion carries 6 -0. Cont: 40 Sam Fonzo Drive — construct building, access drive, loading and parking, stormwater management features and associated annurtenances — S & D Real Estate Trust Maxner reports the Commission received a request to continue to its next meeting. Buchsbaum moves to continue the hearing until March 6. Seconded by Herbster. The motion carries 6 -0. Cont: 59 Lothrop Street — construct porch, patio, fence and landscaping —Angel Crandell The Commission received a request to continue to its next meeting. Bertoni moves to continue the hearing until March 6. Seconded by Pirrotta. The motion carries 6 -0. OLD /NEW /OTHER BUSINESS New: 400 Hale Street, DEP File #5 -1053 — request for extension to Order of Conditions — Endicott College c/o Richard Wylie Chris Broyls from Meridian Associates describes request for extension to the Order, issued in June of 2011, which governs restoration and stabilization of an eroding Inland Bank and BVW at the College Pond and replace adjacent existing bituminous walkway with a pervious brick or Conservation Commission February 7, 2018 Meeting Minutes Page 3 of 6 paver walkway. He explains that plantings associated with stabilizing the bank are required, but yet to be installed and that is the only item left to undertake. Herbster moves to issue a one -year extension to the Order of Conditions under the State Act and local Ordinance. Seconded by Bertoni. The motion carries 6 -0. New: Planning Board Request for Comments — 20, 30 & 40 Webster Avenue — Benco, LLC Maxner explains the applicant has submitted two different subdivisions plans to the Planning Board: 1. The 1 -Lot Definitive plan shows 4 lots total with a cul -de -sac roadway. This plan is meant to freeze zoning relative to the inclusionary housing provision. 2. The 11 -Lot OSRD Definitive Site Plan is a hybrid of preferred plans reviewed in the initial OSRD phase of review. She notes the Commission send an initial comment letter to the Board. The Commission reviews the plans and provides feedback for a comment letter. Maxner will draft a letter compiling the Commission's comments which will be reviewed by Bertoni before submission. New: Planning Board Request for Comments — 40 &100 Sam Fonzo Drive — Fonzo Realt, LLC Maxner notes that there have been no plan changes received by the Commission. The steep access driveway is discussed and member reiterate their preference that this be moved further away from the edge of the 25' NDZ. Cont: Beverly port — update on Airport Vegetation Management Program — Airport Solutions Group /Airport Manager Maxner reports the airport personnel are gathering information to get back on track relative to tree cutting. Maxner will check in with the consultant as to their status. Cont: Draft Amendments to Beverly Wetlands Regulations Maxner expects draft amendments from Attorney Jeff Roelofs on Friday which will be sent to Bertoni and Buchsbaum for their review and then forwarded to the Commission. New: Expenditure Approvals Bertoni moves to approve the Commission's membership renewal to Ipswich River Watershed Association at $100. Seconded by Herbster. The motion carries 6 -0. Bertoni moves to pay $43.65 to Maxner for mileage reimbursement for December 2017 and January 2018. Seconded by Dines. The motion carries 6 -0. Conservation Commission February 7, 2018 Meeting Minutes Page 4 of 6 The Commission discusses speaking to Aaron Clausen, Planning Director, about raising the Conservation Agent's stipend from $6,000. The Commission will review the revenue stream for the past few years from state and local ordinance fees. Maxner notes the stipend is paid from the state fee account, and other Commission expenditures are paid for from the local ordinance account. Buchsbaum moves to approve the $6,000 stipend for Maxner. Seconded by Herbster. The motion carries 6 -0. Bertoni moves to pay $3,394. 52 to Jeff Roelofs for his January work on the draft amendments. Seconded by Dines. The motion carries 6 -0. Dines moves to pay $56 for a Con Com "received date" stamp for the Planning office. Seconded by Bertoni. The motion carries 6 -0. Tree removal request — 7 Emily Way Maxner explains there is an oak tree on Conservation Commission land leaning toward the house at 7 Emily Way. Iron Tree consultant has recommended that the tree be removed because the root base is located on top of a berm, which exacerbates the lean. The City's arborist concurs with the recommendation. The tree will be removed using a crane from the homeowner's driveway and it would be flush cut and stump left. The homeowner will pay for the tree removal. Bertoni moves to approve the tree removal request. Seconded by Buchsbaum. The motion carries 6 -0. Glovers Wharf — piles installation Maxner notes that the Division of Marine Fisheries have commented that piles installation at the City Glover's Wharf /Old Ferry Landing can occur any time since the impact on winter flounder is negligible. This is not the case for removal of blocks. This would likely apply to Beverly Port Marina work as well. MACC Annual Conference on March 3, 2018 Maxner reminds members that the Commission funds will pay for their registration fees. Minutes Approval Bertoni moves to approve the November 29, 2017 minutes as amended. Seconded by Pirrotta. The motion carries 5 -0 -1 with Buchsbaum abstaining because he did not attend. Bertoni moves to approve the December 20, 2017 minutes as amended. Seconded by Buchsbaum. The motion carries 5 -0 -1 with Pirrotta abstaining because she did not attend. Order of Conditions 6, 8 & 10 Shortmeadow Road— Dodge Street Realty Partners, LLC c/o Paul Herrick Conservation Commission February 7, 2018 Meeting Minutes Page 5 of 6 Discussion ensues as to waiver from the 25' NDZ, and possible special conditions. Beronti notes the degraded conditions that currently exist within the removal of hard pack gravel which is vulnerable to erosion into the wetland and replacing a large portion of the NDZ with landscape berms and rain garden stormwater feature will improve the condition of the NDZ and its functions, members concur. Special Conditions are discussed. Buchsbaum moves to issue Standard Conditions and the following Special Conditions as discussed under the Act and Local Ordinance, with a waiver from the 25' NDZ under the Ordinance as discussed: 1. Prior to work commencing, the Phragmites Maintenance Protocol for 6, 8 & 10 Shortmeadow Road shall be revised to include specifications for DEP BRP WM 04 permitting and appropriate herbicide products for wetland application of aquatic herbicides for the target species and a copy of the revised protocol shall be provided to the applicant /owner and a copy shall be forwarded to the Commission prior to initiation of any treatment activities. 2. All application of herbicide (aquatic or terrestrial) shall be applied by an applicator licensed by the Massachusetts Department of Agricultural Resources, Pesticide Bureau. 3. Dumped yard waste shall be removed from within the wetland and 25' NDZ to the greatest extent practical and once removal is complete, the Conservation Agent shall be contacted for a site inspection to verify removal. 4. Not less than three (3) No Dumping signs shall be installed on the wetland side of the chain link fence in the vicinity of Wetland Flag #'s B 12 & B 11, B8 & B7 and B3 & B4. Signs shall bear the following language: "No Dumping, Protect Wetland Resource Area ". Said signs shall be kept in good repair and replaced as necessary and this obligation shall survive as an on -going condition beyond the issuance of a Certificate of Compliance. 5. Prior to installation of any lighting, any lighting to be used around and in the parking lot shall be "dark sky" and designed to minimize impacts to nocturnal wildlife and associated habitat. The proposed lighting shall be mounted on the shortest pole height possible and the absolute minimum number of lights shall be distributed within the no disturb zone and buffer zone. Prior to installation of lighting in the field, the following materials shall be submitted to the Commission: a. Specifications for said lighting; b. Specifications shall document any literature as to its wildlife - friendly design; c. Details on bulb color and lumens; d. A plan indicating light fixture location. 6. Prior to the issuance of a Certificate of Compliance, all proposed shrub plantings shall exhibit at least 75% overall survivorship 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. 7. Snow storage or dumping is strictly prohibited within the rain garden. As discussed with the project consultants during the site visit and public hearings, snow will be stored at the easterly end of the parking lot. This condition shall survive as an on -going condition beyond the issuance of a Certificate of Compliance. 8. The Operation & Maintenance of all stormwater BMP's shall be adhered to, and all maintenance and inspection reports per the Stormwater Operation and Maintenance Plan shall be submitted to the Conservation Agent on an annual basis no later than December Conservation Commission February 7, 2018 Meeting Minutes Page 6 of 6 31st of each year. This condition shall run in perpetuity beyond the issuance of a Certificate of Compliance. Seconded by Bertoni. The motion carries 6 -0. Adjournment Buchsbaum moves to adjourn at 9:05 p.m. Seconded by Dines. The motion carries 6 -0. The next regular meeting of the Conservation Commission is Tuesday, March 6, 2018 at Beverly City Hall, 3rd Floor Council Chamber.