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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. Conservation Commission March 6, 2018 Meeting Minutes Page 2 of 7 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 Conservation Commission March 6, 2018 Meeting Minutes Page 3 of 7 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. Conservation Commission March 6, 2018 Meeting Minutes Page 4 of 7 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 Conservation Commission March 6, 2018 Meeting Minutes Page 5 of 7 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). Conservation Commission March 6, 2018 Meeting Minutes Page 6 of 7 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. Conservation Commission March 6, 2018 Meeting Minutes Page 7 of 7 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.