Loading...
05-08-18 BCC MinCITY OF BEVERLY PUBLIC MEETING MINUTES BOARD: SUBCOMMITTEE: DATE: BOARD MEMBERS PRESENT BOARD MEMBERS ABSENT STAFF MEMBERS PRESENT OTHERS PRESENT: RECORDER: Conservation Commission May 8, 2018 Chair Christine Bertoni, Vice Chair Robert Buchsbaum, David Dines, Rick Grandoni, Stephanie Herbster, Jenna Pirrotta Bill Squibb Amy Maxner, Environmental Planner Jane Dooley Bertoni 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 New: 280A Hale Street, DEP File #5 -1209 — Endicott College/Vincent Congley New: 280B Hale Street, DEP File #5 -1208 — Endicott College/Bradford Amos New: 254 Essex Street, Ordinance Approval #2017 -01— YMCA of the North Shore c/o Chris Lovasco The Commission had previously voted to continue these three requests until the June 5, 2018 meeting. New: 400 Hale Street, DEP File #5 -1212 — Endicott College c/o Dennis Monaco Maxner reports the Order, issued in February of 2017 governed installation of a water quality treatment trench and 14 cedar posts to contain vehicle parking alongside gravel shoulder of Callahan Center access drive; grind and repave an approximately 110 -foot long westerly section of access drive and remove a small section of asphalt along its north side. Work to take place within 100 -foot buffer zone to vegetated wetlands. Maxner reports her site visit observations noting that the posts are in. However, she believes long term containment of the gravel needs to be addressed. At her suggestion, the applicant has withdrawn the request for Certificate of Compliance and file a request for Minor Modification to address this issue. She notes that no action by the Commission is needed at this time. New: 400 Hale Street, DEP File #5 -956 — Endicott College c/o Richard Wylie Conservation Commission May 8, 2018 Meeting Minutes Page 2 of 7 Maxner reports the Order, issued in May of 2007, governed the repair of existing sewer pipe; minor regrading of sections of existing sidewalks; replacement of existing bituminous and gravel walkways with pervious paver walkways and construction of new walkways with same; repair sections of concrete bank of pond and associated outlet structure and install flow control structure at inlet; dredging of accumulated sediment and organic material at pond outlet. Work was within the 100 -foot buffer zone to inland bank of concrete. David Kelly of Meridian Associates refers to the as -built plan and current site conditions, noting the site is stable. Maxner reports she observed some of the dredging when it was undertaken, and the dredging protocol was followed to corral wildlife in the pond out of the dredging footprint. Maxner notes that there are no outstanding issues and she reminds the Commission that the 50' NBZ requirement did not exist when the project was approved. Grandoni moves to issue a Certificate of Compliance including standard perpetual conditions. Seconded by Buchsbaum. The motion carries 6 -0. Recess for Public Hearings Buchsbaum moves to recess for public hearings. Seconded by Herbster. The motion carries 6 -0. NOTICES OF INTENT /ABBREVIATED NOTICES OF INTENT/REQUESTS FOR AMENDED ORDERS OF CONDITIONS Cont: 17R Webber Avenue — Black Door Properties. LLC c/o Michael Panzero Maxner reports the Commission received a request for continuance. Grandoni moves to continue the hearing until the June 5, 2018 meeting. Seconded by Bertoni. The motion carries 6 -0. New: 7 Curtis Point, DEP File #5 -1243 — Stanley & Susan Trotman Bob Griffin, Griffin Engineering, representing the applicant, provides a revised plan dated May 8, 2018 and highlights changes to mitigation area, noting the perennial bed will remain and additional creeping junipers will be planted relative to coastal bank stabilization. Maxner asks about the anticipated cut and fill on site. Griffin notes there will be about a 3' cut for the circular driveway, and blasting is not expected to address any ledge if encountered. Irrigation lines will have to be removed and reinstalled. Buchsbaum moves to close the hearing. Seconded by Herbster. The motion carries 6 -0. Cont.: 40 Sam Fonzo Drive — S & D Real Estate Trust Maxner reports the Commission received a request for continuance. Dines moves to continue until the June 5, 2018 meeting. Seconded by Pirrotta. The motion carries 6 -0. Conservation Commission May 8, 2018 Meeting Minutes Page 3 of 7 New: 89 West Street, DEP File #5 -1244 — Joseph Coughlin Maxner reads legal notice. Bob Griffin, Griffin Engineering, representing the applicant describes the project involving demolition of the existing house, constructing a new single family house and garage, removal of existing pool and associated concrete patio, installation of a new pool in different location with new patio, and general site landscaping. Replanting within the dune is also proposed and designed by a landscape architect that reviewed the CZM Coastal Manual. The proposed work will be within the following resource areas: coastal bank, coastal dune and 25- foot NDZ and 50 -foot No Build Zone as well as land subject to coastal storm flowage. An existing outdoor shower and concrete pump house will be removed, but the existing pathway to beach and structure will remain. Griffin outlines proposed plantings detailed in the planting plan. He also describes infiltration structures to prevent basement water intrusion. Top soil will be brought into area where the original pool will be removed and regraded to match existing contours of the rest of the slope. Lawn will be planted along the coastal bank. Planting beds will be added to the site. The NOI has been submitted to DEP but no response has been received yet. Maxner reads email into the record from abutter Mr. Christopher Smallhorn regarding his concerns over asbestos removal. Griffin explains that the demolition company hired to remove building has experience dealing with asbestos. The Commission schedules a site walk for Monday, May 21 at 5:30 p.m. Herbster moves to continue the hearing until the June 5, 2018 meeting. Seconded by Pirrotta. The motion carries 6- 0. Reconvene to the Regular Meeting Grandoni moves to reconvene the regular meeting. Seconded by Herbster. The motion carries 6 -0 OLD /NEW /OTHER BUSINESS Cont: Beverly port — update on Airport Vegetation Management Program — Airport Solutions Group /Airport Manager Maxner reports this has been tabled until further notice as transition of the outgoing manager is underway. Cont.: 54 Pickman Road — Enforcement Order unauthorized coastal bank clearing — Gillian & Gary Benton Conservation Commission May 8, 2018 Meeting Minutes Page 4 of 7 Maxner reports the Commission is awaiting an NOI filing. New: 34 Paine Avenue, DEP File #5 -1223 — request for Minor Modification to Order of Conditions — Rock Edge Irrevocable Trust /Charles Benevento Ethan Davis with Dana Perkins Consulting, addresses the Commission and explains the modifications to the plan. He notes the owners now wish to construct a new sunroom within the same footprint but at smaller square footage of the existing conservatory that was slated for demolition, and then repair surrounding stone patio as needed. Bertoni asks the change in square footage. Davis responds the current conservatory is 314 s.f and the new sunroom will be 289 s.f. Buchsbaum asks if this will result in changes to runoff. Davis states that it will be minimal and fall onto the stone patio which is pervious. There being no further questions, Herbster moves to approve the Minor Modification. Seconded by Buchsbaum. The motion carries 6 -0. New: Rice's Beach Enforcement Order Follow Up — William Mead Maxner reports a follow up monitoring report was submitted to the Commission from John Dick, wetland scientist (now retired) for Mr. Mead regarding the Rice's Beach beach grass replanting per the Commission's Enforcement Order. Maxner states she visited the site and noted that it looks stable and the beach grass seems to be taking very well. Grandoni notes that he has visited the site and agrees that the beach grass planting effort was successful. Discussion ensues about what follow -up actions would be required by Mr. Mead moving forward for any future work or maintenance. Buchsbaum states that any additional work should require filing a formal application. Buchsbaum moves to lift the Enforcement Order with the stipulation to require a formal application be submitted should the owner wish to further manage any invasive species that may reappear. In the formal application the Commission will need to know that the invasive species are properly identified and appropriate protocols for their management /elimination are documented moving forward, and that the Commission may consider long -term conditions prescribing management methods as part of a Certificate of Compliance tied strictly to Mr. Mead's ownership of the property. Seconded by Bertoni. The motion carries 6 -0. New: Tree Removal Requests 44 Boyles Street - Rosa Gyllenhaal Maxner reports there are five trees (white pine and oak trees) proposed for removal due to hazard as reported by the consulting arborist. Buchsbaum moves to approve the request for tree removals with the following conditions: • At least two of the trees (can be your choice as to which ones) should be cut or trimmed to abate the hazards they pose, but left at some height to allow for their function as Conservation Commission May 8, 2018 Meeting Minutes Page 5 of 7 habitat trees (i.e. woodpecker trees, detrital fodder). These two trees should be reviewed in the field with the Agent prior to cutting so that this condition is clearly understood. The other three trees can be removed by flush cutting at ground surface, but no grinding of the stumps or removal of root structure. Cut trunks and limbs shall be removed from site and not chipped or deposited into the wetland (as there seems to be enough deadfall in the wetland at present). No heavy equipment shall be operated next to the wetland, rather the crane removal method operated from the driveway as Mark described shall be employed. Seconded by Pirrotta. The motion carries 6 -0. 4 Sundav Drive — Malcolm Donaldson Maxner reports there are four trees (all white pines) one which fell over and hit the back of a neighbor's deck. She notes that Mr. Donaldson is willing to leave one of the trees that has fallen. Herbster moves to approve the request for tree removal with the conditions: • The trunks are flush cut and not ground out or roots removed. • The fallen tree shall be cut so that the tipped stump is allowed to rebound back into its position in the wetland for habitat. Even if it doesn't rebound the Commission requires that it be left. • The Commission would like to see a few sections of the fallen pine left for habitat and detrital matter if at all possible. • Additionally, as described in the arborist evaluation, a crane shall be operated from the driveway with no heavy equipment allowed on the wetland side of the house. Seconded by Bertoni. The motion carries 6 -0. New: Expenditure Approvals Buchsbaum moves to reimburse Amy Maxner for mileage of $141.75 for the months of February and March 2018. Seconded by Herbster. The motion carries 6 -0. Herbster moves to pay Jeff Roelofs $2,261.10 for his final invoice in assisting with local Regulations amendments. Seconded by Dines. The motion carries 6 -0. Carmen Frattarolli — Beaver Pond Road Beaver Activity and Water Levels Commission members recall their site visit to Carmen Frattarolli's property to discuss water level rise from beaver activity and impact on resident's septic system located on private road. Members note that Mr. Frattaroli is analyzing potential use of a beaver deceiver. Buchsbaum notes the Commission owns the conservation restriction around Beaver Pond. 675E Hale Street, DEP File #5 -1196 — Pond Dredging & Ruppia maritma replantin, — MEPA Site Visit Conservation Commission May 8, 2018 Meeting Minutes Page 6 of 7 Maxner reports that representatives from state and federal agencies as well as consultants for applicant held a site visit with MEPA and she attended the MEPA consultation session on May 7, 2018 at 675E Hale Street. Pond dredging proposal was discussed the pond dredging proposal and impacts to Ruppia maritima plant within the pond. Maxner notes the project may require a wildlife habitat evaluation, Division of Marine Fisheries may weigh in on the proposed protocol for harvesting and transplanting of Ruppia maritima and it was strongly suggested that identification and evaluation of the true sources of upstream sediment that end up in the pond would be very useful. She will draft a comment letter and review with Bertoni. 16B Bay View Avenue, DEP File #5 -1232 — Order of Conditions Appeal by Applicant Maxner reports that because the applicant appealed to DEP, MEPA review is automatic and a site visit with MEPA will be scheduled before DEP Wetlands Division reviews and visits the site. She will keep the Commission posted on this matter. Orders of Conditions 7 Curtis Point DEP File #: 5 -1243 - Stanley & Susan Trotman Discussion ensues as to performance standards under the State Wetlands Protection Act and local Ordinance and possible conditions to include in the Order. Herbster moves to issue Order of Conditions under State Act with general conditions. Seconded by Buchsbaum. The motion carries 6 -0. Discussion ensues as to the applicant's waiver request from the 25' NDZ and 50' NBZ. Berton notes the site is constrained by its irregular shape and proximity to the coastal bank resulting in the 25' NDZ and 50' NBZ encumbering a vast majority of the site. Buchsbaum observes that the proposed alterations are mainly within previously disturbed areas and removing and revegetating areas of existing disturbance. Herbster notes the proposed coastal bank plantings should help abate current erosion. Grandoni moves to grant the waiver as requested as discussed and issue Standard Conditions and the following Special Conditions under the local Ordinance: 1. In addition to erosion controls per the approved plan, orange snow fencing shall be installed at the edge of the driveway on the coastal bank/water side. 2. Orange snow fencing shall serve to prohibit construction equipment or construction personnel vehicle parking on the coastal bank side of the driveway. 3. Excavated soils or other related excavated materials shall not be stockpiled on site but rather immediately loaded and taken off site. 4. The Conservation Agent shall be notified if hammering ledge will be employed. 5. Should blasting be deemed necessary, a blasting plan shall be presented to the Commission at a regular meeting prior to implementation in the field. 6. The mitigation plantings along the coastal bank shall be carried out in a careful sensitive manner so as not to increase erosion on the bank. Areas of planting shall be stabilized with biodegradable erosion control blanket with native seeding. 7. The mitigation plantings shall exhibit 75% overall survivorship two planting seasons after installation. 8. Dumping of yard waste on the coastal bank (or into the ocean) shall cease. Said material shall be disposed of properly at an off -site facility. This condition shall be on -going and survive beyond the issuance of a Certificate of Compliance. Seconded by Buchsbaum. The motion carries 6 -0. Conservation Commission May 8, 2018 Meeting Minutes Page 7 of 7 Adjournment Grandoni moves to adjourn at 9:10 p.m. Seconded by Herbster. The motion carries 6 -0. The next regular meeting of the Conservation Commission is Tuesday, June 5, 2018 at Beverly City Hall, 3rd Floor Council Chamber.