03-06-18 BCC MinCITY OF BEVERLY
PUBLIC MEETING MINUTES
BOARD:
SUBCOMMITTEE:
DATE:
BOARD MEMBERS PRESENT:
BOARD MEMBERS ABSENT
STAFF MEMBERS PRESENT
OTHERS PRESENT:
RECORDER:
Conservation Commission
March 06, 2018
Vice Chair Robert Buchsbaum, David Dines, Rick
Grandoni, Stephanie Herbster, Jenna Pirrotta, Bill Squibb
Chair Christine Bertoni
Amy Maxner, Environmental Planner
Jane Dooley
Buchsbaum calls the meeting to order at 7:00 p.m. at Beverly City Hall, City Hall 3" Floor
Council Chambers, Beverly, MA.
UEST FOR CERTIFICATE OF COMPLIANCE
New: 280A Hale Street, DEP File #5 -1209 — Endicott College /Vincent Congley & New: 280B
Hale Street, DEP File #5 -1208 — Endicott College/Bradford Amos
Maxner reminds the Commission of the Order issued in December 2016 which governed the
installation of a new domestic water supply connection, with a 1" line connecting to existing
water service within Endicott College parking lot to the two residences at 280 and 280A Hale
Street. Work took place within 200 -foot riverfront area (between 100 and 200 foot zone). The
waterline has been installed. Maxner reports that area of excavation is not stabilized although it
is seeded. She recommends the Certificate of Compliance be issued in late May to allow growth
and seed inspection to occur.
Herbster moves to continue this request until the June 5, 2018 meeting. Seconded by Dines. The
motion carries 6 -0.
New: 254 Essex Street, Ordinance Approval #2017 -01— construct education building —
YMCA of the North Shore c/o Chris Lovasco
Charlie Weir and Chris Broyles of Meridian Associates, Charlie Spicer of Windover Construction
and Judith Cronin of the YMCA are present representing the applicant. Wear provides a recap of
the educational center project and associated parking in the buffer zone. He reports that the work
has been completed and his firm has provided an as -built plan and clarification on special
conditions regarding the lighting plan. He states that building only has lighting underneath the
awning, there is no perimeter lighting, and an electrical pole with dark sky lighting will
illuminate the parking lot.
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Buchsbaum suggests not taking action on the Certificate of Compliance until there is surety that
IVW that may have been drained due to proximal blasting is holding water. Weir recommends
that they could wait until spring to see if it holds water, noting that it was holding water recently.
Discussion ensues as to appropriate monitoring documentation.
Squibb moves to continue this request until the June 5, 2018 meeting pending the applicant's
monitoring and photographing the IVW every two weeks with photos and submission of that
information to the Commission prior to the June 5t' meeting. Seconded by Grandoni. The motion
carries 6 -0.
New: 40 & 100 Sam Fonzo Drive, DEP File #5 -999 — S & D Real Estate Trust c/o David
Fnnzn
Vaclav Talcko from Hancock Associates for the applicant explains the as -built plan that shows
earth work and grading completed. The engineer's certification letter indicated that the only tree
clearing and grading were completed under the old Order as the Commission observed at its site
inspection relative to the new NOI. Any construction will be governed by a new Order.
Squibb moves to issue a Certificate of Compliance for the old Order. Seconded by Herbster. The
motion carries 6 -0. An addendum will be written explaining that original project was never
constructed but a new NOI is in process.
REQUEST FOR DETERMINATION OF APPLICABILITY
Cont: 6 Cavendish Square — Jeff & Megan Williams
Maxner reports the wetland has been delineated and plan is being revised to reflect this line.
Herbster moves to continue this item until March 27. Seconded by Squibb. The motion carries 6-
0.
Recess for Public Hearings
Pirrotta moves to recess for public hearings. Seconded by Grandoni. The motion carries 6 -0.
ABBREVIATED NOTICE OF RESOURCE AREA DELINEATION
New: Grover Street (79 Dodge's Row, Wenham) — Spring Hill Ventures, LLC
Maxner reads legal notice. Bob Griffin representing the applicant notes that the Commission
reviewed the wetland line under a previous ORAD issued in August of 2013. He notes the same
wetland consultant has revisited the flagging on site which remains the same as approved with
one minor correction. He reports no hydrogeological changes have occurred on the site since the
last review. The topography on the site is moderate. The wetland resources include an
intermittent stream on the property as well as BVW Griffin mentions that the proposed use on
the land would be a residential development. He notes the 200' Zone A on site associated with a
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tributary to the Longham reservoir, he notes the 200' Zone A restricts stormwater management
facilities in that zone.
Discussion ensues with residents from 2 and 3 Thaxton Road about intermittent stream, with
resident of 3 Thaxton noting that a portion of the stream runs consistent, and resident of 2
Thaxton noting he has standing water in his rear yard at times. Buchsbaum notes that the
Commission will check if the criteria is being met for an intermittent versus perennial stream.
Dines moves to continue the hearing until March 27, 2018 pending a site visit scheduled for
March 24, 2018 at 8 a.m. Seconded by Grandoni. The motion carries 6 -0.
NOTICES OF INTENT /ABBREVIATED NOTICES OF INTENT /REQUESTS FOR
AMENDED ORDERS OF CONDITIONS
Cont: 40 Sam Fonzo Drive — S & D Real Estate Trust
Vacklav Talacko and Ann McMenemy of Hancock for the applicant address the Commission and
review points raised from the site walk. McMenemy explains that wetland Flag #'s A2 & A3
were replaced in the field, and the site is well outside Riverfront to the Bass River based on
USGS mapping and stream stats of the intermittent channel in the vicinity as their supplemental
information submitted shows.
Discussion ensues about how location for driveway is outside of 25' NDZ but steepest part is in
the 100' buffer zone. The representative describes how the proposed location for the driveway is
the most functional to vehicle access for deliveries and maneuverability. Runoff from the
impervious area will be captured and directed to stormwater management BMP's. Also noted
were details associated with waiver request, with McMenemy reviewing the 2,500 s.f. (3:1)
planting mitigation at the SW slope. Discussion addresses location of snow storage areas as
proposed in plan. Also where segmented block retaining walls (6' high maximum) would be
located. Maxner asks the feasibility of constructing the retaining walls first prior to any other
site work, with Talacko noting that is possible.
Herbster moves to continue until the March 27, 2018 meeting to allow time for fully revised
plans to be prepared and submitted. Seconded by Dines. The motion carries 6 -0.
New: 20, 30 & 40 Webster Avenue — Hickory Hill Way — Benco, LLC
Maxner reads legal notice. Bob Griffin representing the applicant explains the applicant proposes
to construct a new private subdivision roadway, associated utilities and stormwater structures as
part of an 11 -lot OSRD definitive site plan project. He notes the Commission has reviewed the
wetland delineation through an ORAD issued in April 2017. The Engineering Department
provided comments on the stormwater proposal and has approved it. Griffin explains how 4 acres
will be conveyed to ECGA for protected open space as part of the project, which will involve
relocating a portion of the trail system to remain on Greenbelt land.
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Griffin reviews the plans which will be revised to accommodate the Planning Board's
suggestions to reduce width of pavement from 24' to 20' on roadway, sidewalk extension,
crosswalks will be added on Webster Avenue, the detention pond shape will be modified,
screening will be added on berm of detention basin, and fence removed from the detention basin.
Also, street lights added in bollard fixtures. In addition, the detention basin will be removed
from ECGA open space.
Griffin describes details associated with stormwater management (i.e., stormceptors in the street,
infiltration basin, and dry wells for roof runoff). He explains how the detention basin would be
reshaped to fit into the landscape better. Griffin notes that rip rap as opposed to a retaining wall
at the roadway shoulder is proposed due to cost and amount of disturbance required for a wall.
Granite curbing will be used on the common driveway.
Buchsbaum asks if there are any questions from the public.
Theresa Martell, of 29 Webster Avenue, notes she is speaking on behalf of her elderly mother in
law who is an abutter and has concerns about runoff from site as well as snow plowing. Griffin
responds that consideration was given to this when determining location of driveway. Also that
the slope of the driveway will be reduced. Discussion addresses how snow storage will be
handled.
Herbster moves to continue the hearing to the March 27, 2018 meeting pending a Commission
site visit was scheduled for 9:30 a.m. on March 24, 2018. Seconded by Squibb. The motion
carries 6 -0.
Cont: 59 Lothrop Street —Angel Crandell
Bob Griffin representing the applicant notes the Commission held a site inspection and minor
plan changes resulted which he reviews. He notes that visibility will be improved with 6' lattice -
topped fence. The applicant proposes to construct a porch enclosure over existing wood deck,
installing a blue stone patio, drywell, landscaping and fence replacement and extension. Work to
take place within 100 -foot buffer zone to upper coastal bank (there are two coastal banks) and
the 25' NDZ. A chain link fence owned by the City is located on the site.
Buchsbaum 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
Herbster moves to reconvene the regular meeting. Seconded by Dines. The motion carries 6 -0.
OLD /NEW /OTHER BUSINESS
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New: Planning Board Request for Comments — 40 &100 Sam Fonzo Drive — Fonzo Realt,
LLC
The Commission will provide comments once revised plans are submitted.
Cont: Beverly port — update on Airport Vegetation Management Program — Airport
Solutions Group /Airport Manager
Maxner reports the Commission received a request to further continue this matter to its next
meeting.
New: 10 Pine Knoll Drive — unauthorized tree removal — Patricia Fortin
Maxner reports how a large willow tree fell over in the rear of the yard in mowed lawn area at 10
Pine Knoll, and that the owner had it removed. The tree had split in half so the resident had it
cleaned up. All of the cut wood was removed to the side of the driveway which will be taken off
site. A trunk still needs to be removed and stump was left. Maxner will ensure the owner knows
to review any future tree work or other projects with her in the future.
New: 54 Pickman Road — unauthorized coastal bank clearing — Gillian & Gary Benton
Maxner explains her issuing an Enforcement Order for unauthorized coastal bank clearing, and
reviews the EO with the Commission. She notes the Commission needs to ratify the EO with
whatever edits it may suggest. Buchsbaum notes that the directives are comprehensive.
Grandoni notes that he viewed the site and this is a perfect example as to why denuding a coastal
bank is prohibited as erosion is occurring.
Pirrotta moves to ratify the Enforcement Order for 54 Pickman Road. Seconded by Squibb. The
motion carries 6 -0.
New: 5 Pilgrim Heights, DEP File #5 -1147 — request for extension — Amy & David Dines
Dines recused himself The applicant is asking for a 1 -year extension (from April 21, 2018
deadline) for the dock project.
Grandoni moves to issue a 1 -year extension to the Order of Conditions. Seconded by Squibb.
The motion carries 6 -0.
New: Review of Minor Project Permits Issued by Agent
None issued since the last meeting.
New: Expenditure Approvals
Herbster moves to reimburse $164.25 to Amy Maxner for mileage for the months of June,
October & November 2017 and February 2018. (365 miles @.45 /mile).
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New: Other... Extensions, Emergency Certifications, Enforcement Orders,
Correspondence
Maxner reports on compliance monitoring for on -going projects:
266 Dodge Street, DEP File #5 -1167 — the retaining wall is in and all sediment has been
removed from wetland and slope. Fiber mesh was installed in exposed area of slope.
100 Hull Street, DEP File #5 -1205 — areas of straw waddle were overwhelmed with
sediment, retaining wall had sand spoils at base on wetland side, there was a lot of
exposed dirt on site, and beech tree was graded over. Issues are being addressed except
for removing sediment from NDZ, and Maxner will follow up with the applicant on this.
9 Kinsman Street, DEP File #5 -1222 — staked hay bales were installed, yard waste was
removed, and retaining wall has been installed. Before a binder coat on the driveway is
installed the applicant would have to come before the Commission. Maxner suggests that
straw along the embankment on the roadside could be added.
Minutes Approval
Pirrotta moves to approve the August 29, 2017 minutes as amended. Seconded by Grandoni. The
motion carries 5 -0 -1 with Dines abstaining because he did not attend.
Herbster moves to approve the October 10, 2017 minutes. Seconded by Dines. The motion
carries 6 -0.
Conservation Agent Updates RE: Storm Events during early March 2018
Maxner reports on sea wall damage at 41 and 46 Prince Street as well 52 Pickman Road, and
erosion at 54 Pickman Street, 42 and 46 Neptune Street also experienced erosion. Endicott
College has two separate areas of sea wall breach and erosion. Also, 420 Hale Street has sea wall
breach with erosion. She was notified by some property owners about the condition of their sea
walls and they will be proceeding under DEP's emergency declaration for reapairs. She notes
that Lynch Park seawall developed holes and erosion for which Mike Collins, DPW Director is
in contact with DEP as well. She will download photos of the sites to DropBox for review.
Tree Removal Requests
Two tree removal requests were received. She explains 280 Hale Street and she met with Iron
Tree arborist about large white pine that was within 30' of stream. A tree limb had fallen into the
house. Tree will be removed with crane and 30' will remain standing. Another large white pine is
near power lines. The Commission agreed that safety is most important when assessing tree
removal requests.
Dines moves to approve tree removal request for 280 Hale Street. Seconded by Buchsbaum. The
motion carries 6 -0.
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For 2 Chanticleer Drive, Save -A -Tree arborist observed tree. This tree will be cut and stump
flush cut with no stump grinding.
Squibb moves to approve the tree removal request. Seconded by Buchsbaum. The motion carries
6 -0.
Order of Conditions
59 Lothrop Street —Angel Crandell
Discussion ensues as to possible conditions for the project and the 25' NDZ wavier.
Buchsbaum notes the site is constrained and the 25 -Foot No Disturbance Zone encumbers over
half of the rear yard. Dines notes the applicant made reasonable efforts to keep the proposed
porch and bluestone patio outside the NDZ. Members agree that the proposed plantings will
enhance the NDZ to a more naturally vegetated state thereby improving wildlife habitat, plant
diversity.
Herbster moves to issue the Order of Conditions under the Act and under the Ordinance with
granting a waiver from the 25' NDZ under the Ordinance as discussed and Standard Conditions
and the following Special Conditions as discussed:
1. All construction materials related to house renovations and that subject to this Order shall
be contained neatly on site but outside of the sloped upper and lower coastal bank
resource areas.
2. Prior to the issuance of a Certificate of Compliance, the mitigation 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.
3. The proposed perimeter replacement fencing shall have a lattice top as specified in the
plan entitled "Decorative Perimeter Fence Detail at Property Line, SKI, dated March 1,
2018 ".
Seconded by Dines. The motion carries 6 -0.
Adjournment
Herbster moves to adjourn at 10:00 p.m. Seconded by Dines. The motion carries 6 -0.
Maxner notes a public hearing on the draft amendments to the wetland regulations will be held
on Tuesday, March 20, 2018.
The next regular meeting of the Conservation Commission is Tuesday, March 27, 2018 at
Beverly City Hall, 3rd Floor Council Chamber.