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03-27-18 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 27, 2018 Chair Christine Bertoni, Vice Chair Robert Buchsbaum, David Dines, Rick Grandoni, Stephanie Herbster, Jenna Pirrotta, Bill Squibb None 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. REQUEST FOR CERTIFICATE OF COMPLIANCE Cont: 280A Hale Street, DEP File #5 -1209 — Endicott College /Vincent Congley & Cont: 280B Hale Street, DEP File #5 -1208 — EndicottCollege/Bradford Amos The Commission voted at its last meeting to continue these requests until the June 5, 2018 meeting to allow the area to stabilize and for seed to grow. New: 254 Essex Street, Ordinance Approval #2017 -01 —YMCA of the North Shore c/o Chris Lovasco The Commission voted at its last meeting to continue this request until the June 5, 2018 meeting for continued observation of the wetland related to water carrying capacity. REQUEST FOR DETERMINATION OF APPLICABILITY Cont: 6 Cavendish Square — Jeff & Megan Williams Jeff Williams is present and explains that the wetland was delineated and plan updated by Bill Manuell who also provided a report of his findings. He notes that he is okay with a four -inch gap being kept at the bottom of the stockade fence. The fence posts will be hand dug with spoils taken off site. Maxner reviews there is BVW and Riverfront on the site. Williams notes he has not observed any rise in water at the site with recent storms but he has only lived in the house under a year. Buchsbaum notes that a waiver is required since some of the fence will be in the 25' NDZ that is currently lawn and usually mitigation is required. Possible mitigation is discussed with the applicant, with ceasing mowing at edge of wetland identified as an option. Conservation Commission March 27, 2018 Meeting Minutes Page 2 of 6 Dines moves to issue a Negative #2 and Negative #3 Determination with the following Special Conditions as discussed: 1. Fence post holes shall be dug by hand, operation of heavy equipment is not allowed within the 25 -foot no disturb zone or buffer zone to accomplish this project. 2. All soil spoils from post hole excavation shall be taken off site and disposed of at an appropriate facility. 3. The bottom of the fence shall have at least 4 inches (4 ") of space between the bottom member of the fence and the ground surface to allow for small wildlife movement. 4. As discussed with and agreed to by the applicant at the March 27, 2018 meeting, as mitigation for allowing the fence to encroach into the 25 -foot no disturb zone, mowing and maintenance of lawn within 5 feet landward of the edge of wetland shall cease. This 5 -foot swath shall be allowed to reestablish a native plant community, as it would naturally occur and left in a natural state without landscaping pruning or cutting. Seconded by Squibb. The motion carries 7 -0. Recess for Public Hearings Squibb moves to recess for public hearings. Seconded by Herbster. The motion carries 7 -0. NOTICES OF INTENT /ABBREVIATED NOTICES OF INTENT/REQUESTS FOR AMENDED ORDERS OF CONDITIONS Cont: Grover Street (79 Dodge's Row, Wenham) — Spring Hill Ventures, LLC A site inspection was cancelled due to snow cover. The Commission rescheduled the site visit for April 7, 2018 at 8:00 a.m. Pirrotta moves to continue to the April 18, 2018 meeting. Seconded by Herbster. The motion carries 7 -0. Cont: 40 Sam Fonzo Drive — S & D Real Estate Trust Maxner reports the Commission received a request for continuance to the next meeting. Buchsbaum moves to continue until the April 18, 2018 meeting. Seconded by Herbster. The motion carries 7 -0. Cont: 20, 30 & 40 Webster — Hickory Hill Way — Benco, LLC A site visit was cancelled due to snow cover. The Commission rescheduled the site visit for April 7, 2018 at 9:30 a.m. Herbster moves to continue the hearing until April 18, 2018 meeting. Seconded by Pirrotta. The motion carries 7 -0. New: 381 Elliott Street — Carlos Johnson Maxner reads legal notice. Bill Manuell and Carlos Johnson are present representing the application. Manuell explains proposal for home renovation as well as addition with garage /shop behind the existing house (65' from wetland). Improved access to the dwelling is also proposed. Conservation Commission March 27, 2018 Meeting Minutes Page 3 of 6 Manuell flagged wetlands in February, noting that the wetland is fed in part by water discharging off of the Beverly Golf and Tennis Club property as well as an intermittent stream that runs between the applicant's property and abutting property within BVW. Manuell notes the interior of dwelling will be rehabilitated, and exterior requires window, fascia work as well as carpentry work on the front porch and a new roof. Proposed footings for the addition would be pinned to bedrock if encountered. An expansion of existing paved driveway is proposed associated with the addition but no rock removal, including blasting, is proposed for driveway work as they will work around existing ledge for this. An infiltration area will be used to catch roof runoff from addition. Erosion control will be placed to protect wetlands associated with any excavation work. Branches on two trees will be limbed instead of removing the trees as originally proposed. DEP had no comments on the project. Manuell notes that the project is outside both 25' NDZ and 50' NBZ. Bertoni asks if there are any questions from the public. There are none. Buchsbaum moves to close the hearing. Seconded by Pirrotta. The motion carries 7 -0. New: 7 Fosters Point — Michelle Teachout Cabelus Maxner reads legal notice. Robert Gulla the project architect representing the applicant describes proposal to demolish the existing house and detached garage and construct new single family house and attached garage. Work to take place within outer 200 -foot Riverfront Area and Land Subject to Coastal Strom Flowage (i.e. 100 - floodplain AE Zone elevation 10). Mitigation is proposed although impervious surface within the buffer will not change. A paved parking area will be smaller than one that currently exists. Runoff will be directed away from the new house. A zoning variance was received for the property. The architect will provide a planting plan of indigenous plants. The new structure will be foot higher than existing structure's location on the lot in consideration of flood zone. Excavated material will not be stockpiled on the site. Bertoni asks if there are any questions from the public. There are none. Dines moves to close the hearing. Seconded by Herbster. The motion carries 7 -0. New: 400 Hale Street — Endicott College c/o Tyler Virden, Windover Construction Maxner reads legal notice. Charlie Wear, Meridian Associates, representing the applicant describes the proposal to construct an addition to Judge Science Center, install walkways, patios within the 100 -foot buffer zone to BVW and bank of pond. The addition is outside of the buffer zone for the most part, with walkway extension and stairs in buffer, installation will be done working with the ledge rather than removing it in the buffer zone but outside the NDZ. Hand rails would likely be drilled into ledge. Information on stormwater management policy was provided including operation and maintenance. Wear states that blasting will not be undertaken. Discussion ensues as to design for stairs over the ledge, with Bertoni asking that a cross section be provided before work starts on the stairs. Conservation Commission March 27, 2018 Meeting Minutes Page 4 of 6 Bertoni asks if there are any questions from the public. There are none Herbster moves to close the hearing. Seconded by Dines. The motion carries 7 -0. OLD /NEW /OTHER BUSINESS Cont: Beverly port — update on Airport Vegetation Management Program — Airport Solutions Group /Airport Manager Maxner notes that an update will be given at the May meeting. The vegetation management plan will be updated. Cont: 54 Pickman Road — Gillian & Gary Benton Maxner reminds the Commission that an Enforcement Order was ratified at the last meeting and provides a chronology of her understanding of the situation. Gary and Gillian Benton are present and explain they have secured consultant Bob Griffin who is developing a plan addressing restoration and Enforcement Order. The applicant describes clearing of weeds on stairs and planting of grasses and beach plum which has had limited survivorship. The bank clearing will remain under EO and restoration plan rather than NOI. Mr. Benton states all work has ceased in coastal bank and erosion control has been installed. Bertoni reviews the EO directives line by line. Discussion ensues as to revising the deadline for deliverables and a possible site inspection by the Commission. Buchsbaum moves to set a new deliverable deadline of April 10, 2018 for filing the restoration plan. Seconded by Squibb. The motion carries 7 -0. The Commission scheduled a site visit on Saturday, April 7, 2018 at 10:15 a.m. where Griffin will attend. New: 50 Dunham Road, DEP File #5 -1118 - Dunham Ridge, LLC c/o Stephen Drohosky Maxner notes this will be the last extension the Commission can grant under the Ordinance for this particular Order. Mike Aveni representing the applicant speaks to stormwater management system. Remaining minimal site work is nearing completion and expected to be completed this construction season. He states that erosion control is in good condition. A binder course needs to be applied. Buchsbaum moves to extend Order of Conditions for one year under the local Ordinance and state's WPA. Seconded by Herbster. Bertoni opposed. The motion carries 6 -1. New: 9 Kinsman Street, DEP File #5 -1222 — Michael McNiff Squibb moves to continue until April 18, 2018 meeting. Seconded by Pirrotta. The motion carries 7 -0. Conservation Commission March 27, 2018 Meeting Minutes Page 5 of 6 New: Election of Officers Dines moves to nominate Chris Bertoni as Chair and Robert Buchsbaum as Vice Chair for the Commission. Seconded by Squibb. The motion carries 7 -0. New: Review of Minor Project Permits Issued by Agent None issued since the last meeting. New: Expenditure Approvals Herbster moves to approve $2,974.57 payable to special counsel Jeff Roelofs for his continued work on Regulations amendments. Seconded by Buchsbaum. The motion carries 7 -0. Minutes Approval Pirrotta moves to approve the September 20, 2017 minutes as amended. Seconded by Herbster. The motion carries 5 -0 -2 with Buchsbaum and Grandoni abstaining because they did not attend. Orders of Conditions 381 Elliott Street — Carlos Johnson Maxner notes that this project is outside the 25' NDZ and 50' NBZ. Discussion ensues about Standard Conditions and the following Special Conditions under the Act and the local Ordinance: 1. The Conservation Agent shall be called on site during driveway expansion to observe ledge conditions encountered and review final driveway layout. 2. As discussed and asserted by the applicant during the March 29, 2018 hearing, no blasting shall occur for driveway expansion. 3. As discussed and asserted by the applicant during the March 27, 2018 hearing, the two 36" caliper trees on site called out on the plan shall be preserved, but pruning of said trees is allowed under this Order. 4. As discussed with and agreed to by the applicant during the March 27, 2018 hearing, the last 40 feet of the southern section of erosion control shall be shortened and moved up slope to meet the northwest corner of the existing house. 5. All final grades shall match existing grades as no changes to ground elevations are proposed on the approved site plan. 6. As discussed with and acknowledged by the applicant during the March 27, 2018 hearing, the 25 -Foot No Disturbance Zone shall be left in its current natural state. If any work or activity is contemplated in this zone, a separate application for such shall be submitted to the Commission. This condition is on- going. Herbster moves to issue the Order of Conditions as discussed under the Act and Local Ordinance. Seconded by Dines. The motion carries 7 -0. 7 Fosters Point — Michele Teachout - Cabelus Conservation Commission March 27, 2018 Meeting Minutes Page 6 of 6 Maxner notes this project is outside the 25' NDZ and 50' NBZ and is in outer reaches of Riverfront Area. Discussion ensues about Standard Conditions and the following Special Conditions under the Act and the local Ordinance: 1. The roof runoff shall be captured via a gravel trench drip edge as discussed with the project architect during the March 27, 2018 meeting. 2. Prior to Commission sign off of the demolition/building or foundation permit, a full sized stamped and signed copy of the approved site plan shall be submitted to the Commission for its file. 3. Prior to execution of mitigation planting, a plant list /schedule consisting of native species, including the number and size of plants shall be submitted to the Commission for review and file. 4. No changes to the grades on site are proposed as part of this project and grading is prohibited under this Order of Conditions without amendment by the Commission. Buchsbaum moves to issue the Order of Conditions as discussed under the Act and Local Ordinance. Seconded by Dines. The motion carries 7 -0. 400 Hale Street — Judge Center Addition — Endicott College Discussion ensues about Standard Conditions and the following Special Conditions under the Act and the local Ordinance: 1. Blasting of ledge to accommodate the proposed walkway within the buffer zone is prohibited under this Order of Conditions. 2. Prior to construction of the stairs associated with the walkway, immediately upon availability a final detail and cross section of the stairs shall be forwarded to the Commission for its review. 3. The Operation & Maintenance of all stormwater BMP's shall be adhered to, and all maintenance and inspection reports per the Stormwater Operation and Maintenance Plans shall be submitted to the Conservation Agent on an annual basis no later than December 31st of each year. This condition shall run in perpetuity beyond the issuance of a Certificate of Compliance. Buchsbaum moves to issue the Order of Conditions as discussed under the Act and Local Ordinance. Seconded by Dines. The motion carries 7 -0. Adjournment Grandoni moves to adjourn at 9:50 p.m. Seconded by Dines. The motion carries 7 -0. The next regular meeting of the Conservation Commission is Wednesday, April 18, 2018 at Beverly City Hall, 3rd Floor Council Chamber.