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.
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February 7, 2018 Meeting Minutes
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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
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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.
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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
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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
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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.