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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 Page 2 of 9 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 Conservation Commission April 18, 2018 Meeting Minutes Page 3 of 9 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 Page 5 of 9 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 Page 6 of 9 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 Page 7 of 9 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.