04-18-18 BCC MinCITY OF BEVERLY
PUBLIC MEETING MINUTES
BOARD:
SUBCOMMITTEE:
DATE:
BOARD MEMBERS PRESENT
BOARD MEMBERS ABSENT
STAFF MEMBERS PRESENT
OTHERS PRESENT:
RECORDER:
Conservation Commission
April 18, 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.
REOUEST FOR CERTIFICATE OF COMPLIANCE
Cont: 280A Hale Street, DEP File #5 -1209 — Endicott College /Vincent Congley
Cont: 280B Hale Street, DEP File #5 -1208 — Endicott College/Bradford Amos
Cont: 254 Essex Street, Ordinance Approval #2017 -01 —YMCA of the North Shore c/o
Chris Lovasco
The Commission had previously voted to continue these above three requests until the June 5,
2018 meeting.
New: 395 Hale Street, DEP File #5 -898 — Endicott College
Chris Broyles from Meridian Associates representing the applicant describes proposal to
construct addition to existing building, and foundation for seasonal tent. He notes the as -built
plan conforms with the approved site plan except that a smaller building addition was
constructed. The working of the driveway was different and location of kitchen area within 100'
buffer zone. Plantings were done more than a decade ago. Maxner reports that site looked good
after today's visit including changes noted in certification letter. The net changes in impervious
surface include 130 s.f.
Grandoni moves to issue the Certificate of Compliance. Seconded by Herbster. The motion
carries 6 -0.
New: 289 Hale Street, DEP File #5 -1045 — Endicott College
Conservation Commission
April 18, 2018 Meeting Minutes
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Chris Broyles of Meridian Associates explains the Order issued in 2010 governs the construction
of a lounge addition to the Wylie Inn, construction of an enclosed pedestrian walkway connector
between the Inn and the Conference Center Meeting Place building and installation of a gravel
walkway to be replaced with a gravel walk. Existing drywell was replaced with a rain garden.
Work took place within the 100 -foot buffer zone to BVW but outside the 25' NDZ. Meridian
Associates' representative notes the only deviation was that invasive species were not removed.
Maxner reports on her site inspection conducted this afternoon, and notes that there are a few
outstanding issues on site, which she explains:
• No documentation of initial or any on -going invasive species management;
• The drain discharge exiting the westerly end of the enclosed walkway connector is
discharging and causing erosion into the wetland;
• The gravel walkway located on the ground between the enclosed connector and the
wetland is not very well contained;
• The rain garden was not as formally prepared in the field and needs to be evaluated for
compliance with the approved plan.
She does not recommend the Certificate be issued.
Herbster moves to deny the Certificate of Compliance and require a new NOI to be submitted to
address the outstanding issues as listed by Maxner. Seconded by Pirrotta. The motion carries 6 -0.
REQUEST FOR DETERMINATION OF APPLICABILITY
New: 675 E Hale Street — Hillary Gabrieli c /oLaura Gibson
Maxner reads legal notice. Laura Gibson representing applicant explains the impacts of the
recent March storms on the boulder rip rap revetment and the proposed repairs to restore to
original condition and maintain approved line. The contractor will do a small amount of work on
beach with excavator and the rest from up above. She notes that the beach grass fared well
through the storms but she would like to monitor this coming growing season to determine if any
enhancement planting is needed.
Dines moves to issue a Negative #2 Determination and a Negative #3 Determination. Seconded
by Pirrotta. The motion carries 6 -0.
Recess for Public Hearings
Herbster moves to recess for public hearings. Seconded by Buchsbaum. The motion carries 6 -0.
ABBREVIATED NOTICE OF RESOURCE AREA DELINEATION
Cont: Grover Street (79 Dodge's Row, Wenham) — Spring Hill Ventures, LLC
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April 18, 2018 Meeting Minutes
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Bob Griffin representing the applicant notes the Commission held a recent site inspection and did
not request modifications to the wetland line. Discussion ensues on intermittent stream relative
to water supply regulations. Resource areas to confirm include BVW and inland bank.
Buchsbaum asks if there are any questions from the audience. Ernie Hart of 3 Thaxton Road,
asks how the stream was determined to be intermittent, not perennial. Buchsbaum provides an
explanation of the Riverfront regulations and determining factors for perennial vs. intermittent.
Griffin adds that the Wenham Conservation Commission also concluded that the stream was
intermittent. Maxner reads from 310 CMR 10.58 on critical characteristics and boundaries
defining a perennial stream and an intermittent stream on U.S.G.S. maps as adopted by DEP.
There being no further questions, Dines moves to close the hearing. Seconded by Squibb. The
motion carries 6 -0.
Dines moves to confirm BVW and bank of inland intermittent stream as presented on the plan
and observed during the site inspection. Seconded by Buchsbaum. 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
Maxner reports the Commission received a request for a continuance. Herbster moves to
continue the hearing until the May 8, 2018 meeting. Seconded by Buchsbaum. The motion
carries 6 -0.
Cont: 20, 30 & 40 Webster — Hickory Hill Way — Benco, LLC
Bob Griffin representing the applicant notes the Commission held a recent site inspection, and
that the Planning Board approved the plan as submitted to the Commission, that includes
additional sidewalks and crosswalks along Webster Avenue. Buchsbaum notes there are existing
trails near the wetlands and barn that will need to be rerouted into the open space, he would like
to see that this reroute does not occur in the 25' NDZ. Brief discussion ensues as to potential
special conditions for the project.
Buchsbaum asks if there are any comments from the audience. There are none.
Herbster moves to close the hearing. Seconded by Pirrotta. The motion carries 6 -0.
New: 7 Curtis Point — Stanley & Susan Trotman
Maxner reads legal notice. Bob Griffin representing the applicant introduces the site and
proposed project that includes driveway expansion with associated retaining wall, drainage,
walkways, enclosure of existing roofed patio and other site improvements within the 100 -foot
buffer zone to Coastal Bank, the 50 -foot No Build Zone and 25 -foot No Disturb Zone. He
explains the elderly residents are interested in improvements which would facilitate their
Conservation Commission
April 18, 2018 Meeting Minutes
Page 4 of 9
mobility and access on the property. Shrub beds are proposed as mitigation in addition to
removal of a small parking area and reseeding. Also noted is a proposed gravel guest parking
area which the Commission expresses interest in observing during an upcoming site walk.
Alternatives to paving the driveway were discussed, with Griffin explaining that the resident
needs to be able to use his walker on the property and gravel would make that difficult.
Buchsbaum asks if there are any comments from the audience. There are none.
A site visit was scheduled for 8:00 a.m. on May 5, 2018. Dines moves to continue the hearing to
the May 8, 2018 meeting. Seconded by Herbster. The motion carries 6 -0.
New: 17R Webber Avenue — Black Door Properties, LLC c/o Michael Panzero
Maxner reads legal notice. Bob Griffin, Griffin Engineering, representing the applicant
introduces the project outlines which will involve construction of a two - family townhouse
residence, with associated decks, driveways, utilities and landscaping. Removal of existing
structures (deteriorating sheds on coastal bank) and restoration of vegetation along the Bass
River. Work to take place within 200 -Foot Riverfront Area, Coastal Bank, and 25 -Foot No
Disturbance Zone & 50 -Foot No Disturbance Zone.
Griffin notes the complexities of the site such as sloping topography and previous uses evidenced
by abandoned sewage lines and disturbed areas. The proposed structure will be located as far
away from the water as possible with parking below the building. The limit of Land Subject to
Coastal Storm Flowage is determined by elevation 10 with the proposed building to be at
elevation 16. He notes most of the utilities will be brought in through the back side of the
building. Two small decks are proposed with one slightly encroaching into the 50' NBZ, and
existing lawn will be maintained. Downhill mitigation plantings will be done where invasive
species (i.e., urban vegetation growth) are to be removed. Restoration work will take place
within the 25' NDZ. Griffin describes details about drainage and proposed connection to City
sewer lines.
Buchsbaum asks for more detailed information on current vegetation and species of invasive
plants. Griffin will have the wetland consultant provide more information on the plants. Dines
asks if alternatives were explored to remove all structures from the 50' NBZ.
Maxner asks for clarification on the Riverfront impact calculations with regard to current
degraded areas, proposed impact and proposed mitigation. Griffin will provide calculations on
this.
Conservation Commission
April 18, 2018 Meeting Minutes
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Buchsbaum asks if there are any comments or questions from the audience.
Sharon McGrath, 12 Webber Avenue, expresses her opposition to proposal for two - family home
that does not fit with character of neighborhood. She questions why a waiver would be granted
for a two - family house when a one family house could be built.
Nancy Coffee of 3 & 5 Marshall Court expresses her opposition to the size of the project and the
granting of a waiver. She thinks the project should be scaled back to a 1- family.
James Knight of 7 Wellman inquires about getting more information on the project and urges the
Commission to visit the site and area as the egress in and out is dangerous.
Jim Bartlett, 21 Webber Avenue, expresses his opposition to the Commission granting a waiver
from the No Build Zone.
Steve Brauninger, 23 Webber Avenue, asks for clarification on how the Commission can justify
granting a waiver. Buchsbaum explains that the applicant needs to show there are no alternatives
and demonstrate commensurate mitigation and resource area improvement.
Paula Mitchell of 15 Webber Avenue commented on the size of the proposed project being too
large for the neighborhood. She also noted the narrow right of ways to the water for abutting
properties. Others commented on the impact of parking in the area and impact on traffic and road
safety, with Buchsbaum responding all of which are outside of the Commission's jurisdiction to
regulate.
Harry Coffee of 3 & 5 Marshall Court, explains problems with parking, right of way width,
polluted runoff going into the river, and drainage to the beach as there is thick vegetation on site
right now, which will be removed by the project. Resident from 35 Arlington Street inquired
about access, which Buchsbaum notes is outside the Commission's jurisdiction to regulate.
Conservation Commission
April 18, 2018 Meeting Minutes
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Mike Bartlett, Webber Avenue, explains that as part of his family lobster business he operates
two docks on either side of this property and he stores his lobsters in the water adjacent to this
site, and he is very concerned over contaminated runoff impacting his catch.
The Commission schedules a site visit for 9:00 a.m. on May 5, 2018. Squibb moves to continue
the hearing until the May 8, 2018 meeting. Seconded by Dines. The motion carries 6 -0.
Reconvene the regular meeting
Grandoni moves to reconvene the regular meeting. Seconded by Dines. The motion carries 6 -0
OLD /NEW /OTHER BUSINESS
Cont: Beverly port — update on Airport Vegetation Management Program — Airport
Solutions Group /Airport Manager
Grandoni moves to table until further notice. Seconded by Herbster. The motion carries 6 -0.
Cont: 54 Pickman Road — unauthorized coastal bank clearing — Gillian & Gary Benton
Bob Griffin representing the applicant, notes that the Commission held a site inspection and the
possibility of submitting an NOI was discussed. He provides general information about coastal
bank, 100 year flood elevation, specifications in deed as to view easement, and access to two
parties to use staircase. He notes proposed location for erosion control and a NOI that will be
filed in June for work on seawall, replanting and replacement of fencing. A more refined
schedule on planting will be provided to the Commission with the NOI. Pirrotta notes that
terracing the coastal bank may cause problems for abutters on either side and asks Griffin to look
at that as he develops the plan. Griffin agrees to evaluate that.
Squibb moves to continue in anticipation of receiving a NOI for this site. Seconded by
Buchsbaum. The motion carries 6 -0.
Cont.: 9 Kinsman Street, DEP File #5 -1222 — Michael McNiff— request for minor
modification to Order of Conditions
Conservation Commission
April 18, 2018 Meeting Minutes
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Bob Griffin representing the applicant explains that they would like to modify Special Conditon
#3 to allow the driveway paving after site grading and house foundation install. Michael McNiff
provides photographs of the site to the Commission. Griffin suggests that the entire length of
driveway can be prepared with geotextile fabric and laid with 6 -8 inches of crushed stone with
doubled hay bales on wetland site to protect the wetland during construction.
Herbster moves to grant the Minor Modifications with conditions as described. Seconded by
Grandoni. The motion carries 6 -0.
New: 59 Lothrop Street, DEP File #5 -1234 — request for minor modification to Order of
Conditions —Angel Crandell
Bob Griffin representing the applicant notes that in response to DEP's intervention and plan
change requests, he notes the following plan revisions:
• last 20' of fence removed from the VE Zone and replaced with arborvitaes and Virginia
rose;
• VE Zone is coincident with 14 foot contour;
• Chain link fence will be removed from top of seawall in south corner.
Dines moves to approve the Minor Modification. Seconded by Herbster. The motion carries 6 -0.
New: 400 Hale Street, DEP File #5 -1052— Endicott College
Chris Broyles of Meridian Associates on behalf of the applicant requests a one -year extension to
Order of Conditions. He notes the Order, issued in June 2011, governs the construction of a
sidewalk along College Way and conversion of the 25 -Foot No Disturb Zone from lawn to
natural native planted buffer. Work to take place within 100 -Foot Buffer Zone to bank of pond.
He notes that the walkway is in place but the plantings are not. The extension would allow the
College to complete the plantings. The planting plan was included in an approved report.
Herbster moves to issue the extension. Seconded by Dines. The motion carries 6 -0.
New: Tree Removal Reauests
Maxner provides photos of the subject trees and provides her observation reports.
680 Hale Street — Dorothy Ham
Discussion with Ms. Hayes ensues about status of large White pine tree that is snapped mid -
trunk. Herbster moves to grant tree removal permit subject to flush cutting to ground and
removing cut materials off site. Seconded by Grandoni. The motion carries 6 -0.
6 Shannon Lane — Stephen Kelley
Conservation Commission
April 18, 2018 Meeting Minutes
Page 8 of 9
Pirrotta moves to grant tree removal permit subject to crane operating from paved surfaces, flush
cutting trunk to ground and removing cut materials off site. Seconded by Dines. The motion
carries 6 -0.
17 Hayes - Don Brand
Dines moves to grant tree removal permit subject to crane operating from paved surfaces, flush
cutting trunk to ground and removing cut materials off site. Seconded by Herbster. The motion
carries 6 -0.
New: 242 Dodge Street Enforcement Order — Plan Revision Request — Scott Barbeau
Maxner explains that Mr. Barbeau is looking to revise the slope angle to a 1:1 and associated
stabilization methods to include a biodegradable fiber and roadside seed mix that performs well
on steep slopes. She notes the Commission received a revised design plan and letter from project
engineer John Morin:
• Revised plan entitled "Site Plan of Land in Beverly, Massachusetts 242 Dodge Street
(Map 94, Lot 2) prepared for: Scott Barbeau, scale F =20', prepared by Morin - Cameron
Group, signed and stamped by John Morin, revision dated April 6, 2018;
• Cover letter Re: 242 Dodge Street Owner: Scott Barbeau, prepared by Morin - Cameron
Group, signed by John Morin dated April 11, 2018
Maxner reports that the fill has been removed from the floodplain and slope prepared, and now
needs final seeding for stabilization.
Herbster moves to approve the revised plan to allow for 1:1 slope and proposed seeding
specification. Seconded by Buchsbaum. The motion carries 6 -0.
New: Review of Minor Project Permits Issued by Agent
None issued since the last meeting.
New: Expenditure Approvals None.
New: Other... Extensions, Emergency Certifications, Enforcement Orders,
Correspondence None.
Minutes Approval
Pirrotta moves to approve the November 1, 2017 minutes as amended. Seconded by Dines. The
motion carries 6 -0.
Orders of Conditions
20, 30 & 40 Webster — Hickory Hill Way — Benco, LLC
Conservation Commission
April 18, 2018 Meeting Minutes
Page 9 of 9
Maxner notes that no portion of the project is within the 25' NDZ, and all of the housing units
are outside the buffer zone. Discussion ensues as to conditions to apply to the project. Herbster
moves to issue Standard Conditions and the following Special Conditions under the Act and the
local Ordinance as discussed:
1. A double row of entrenched staked hay bales shall be installed at the toe of rip rap
roadway shoulder. "Note: Hay bales shall be properly positioned so that the cut side of
the bales are facing up and the bottom of the bales are entrenched at least 2 inches below
grade and securely staked into the ground.
2. No heavy wheeled equipment shall be operated on the sloped roadway shoulder or below
adjacent to the wetland (as purported by the applicant during the April 7, 2018 site walk)
3. Roadway and sidewalk lighting shall be affixed to short bollards and directed downward
with the lowest lumen emittance as possible so as to cut down on light pollution in the
buffer zone.
4. Trail relocation within the buffer zone shall remain outside the 25' No Disturb Zone and
its route shall meander so as to avoid impact to vegetation as much as possible.
5. If the 30" deciduous tree that is slated for preservation located just southwest of the
detention basin berm on Parcel B fails due to impact from the work, an additional white
pine shall be planted in the same vicinity.
6. The proposed white pine trees to be planted along the berm of the detention basin shall
exhibit at least 75% survivorship after 2 growing seasons post installation.
7. 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.
Seconded by Squibb. The motion carries 6 -0.
Adjournment
Grandoni moves to adjourn at 10:05 p.m. Seconded by Herbster. The motion carries 6 -0. The
next regular meeting of the Conservation Commission is Tuesday, May 8, 2018 at Beverly City
Hall, 3rd Floor Council Chamber.