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07-18-18 BCC MinCITY OF BEVERLY PUBLIC MEETING MINUTES BOARD: SUBCOMMITTEE: DATE: BOARD MEMBERS PRESENT: BOARD MEMBERS ABSENT STAFF MEMBERS PRESENT OTHERS PRESENT: RECORDER: Conservation Commission July 18, 2018 Chair Christine Bertoni, Vice Chair Robert Buchsbaum, Rick Grandoni, Stephanie Herbster, Jenna Pirrotta, Bill Squibb David Dines 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: 100 & 102 Hull Street, DEP File #5 -1205 — MJP Properties, Inc. c/o Mike Panzero & Susan Purdy Maxner reports the Order, issued in December of 2016 governed the construction of two (2) new single family houses with associated appurtenances within 100 -foot buffer zone to bordering vegetated wetland. Maxner reports her on -site observations held this afternoon and explains outstanding issues that would prohibit issuance of a Certificate of Compliance. She will prepare a list of outstanding issues that need to be addressed and forward to the applicant, project engineer and carbon copy the Commission for its review. Herbster moves to continue until the August 7, 2108 meeting. Seconded by Squibb. The motion carries 6 -0. Recess for Public Hearings Herbster moves to recess for public hearings. Seconded by Pirrotta. The motion carries 6 -0. NOTICES OF INTENT /ABBREVIATED NOTICES OF INTENT/REQUESTS FOR AMENDED ORDERS OF CONDITIONS Cont: 27 Riverview Street — DEP File #5 -1246 — Michael Settles David Smith of GZA Environmental, representing the applicant, recaps the seawall replacement project at this site along the Bass River. He recalls the recent site inspection held by the Conservation Commission July 18, 2018 Meeting Minutes Page 2 of 7 Commission and reviews observations. Bertoni asks if the block retaining wall will have weep holes. Smith explains that the blocks will not have a watertight seal so there will be some allowance for seepage, but the corrugated PCV pipe at the bottom of the wall is designed to help with infiltration. Bertoni asks if the adjacent salt marsh gets fed by the upland sediment. Smith states he does not believe so but cannot say definitively. Grandoni asks the cost difference between a boulder rip rap revetment and the proposed block wall. Smith states that all options were consider to repair this wall and he determined that any solution needs to constitute a gravity wall, and cost ranges for options range between $40K and $70K. He notes that the block wall option involves the least impactful methods. Bertoni asks what the longevity of the proposed wall is, with Smith estimating 30 -40 years. Protection of the salt marsh during construction was discussed, with Smith agreeing that a steel plate or similar being installed below grade at the edge of salt marsh would work well. Squibb asks the nature of the backfill. Smith states it will consist of new clean gravel. Discussion ensues as to delineated resource areas on site, with the Commission members favoring a revised plan to show 2nd coastal bank and associated buffer zone. There were no comments on this project from DER Bertoni asks if there are any comments from the audience. There are none. Buchsbaum moves to close the hearing. Seconded by Herbster. The motion carries 6 -0. Cont: 7 Porter Terrace — 7 Porter Terrace, LLC c/o Brian Marks Maxner states the Commission received a request for continuance to the August 7, 2018 meeting. Herbster moves to continue the hearing as requested. Seconded by Grandoni. The motion carries 6 -0. Cont: 54 Pickman Road — Gary Benton Maxner states the Commission received a request for continuance to the August 7, 2018 meeting. Herbster moves to continue the hearing as requested. Seconded by Grandoni. The motion carries 6 -0. New: 6 Shortmeadow Road & 9 Dodge Street — Dodge Street Realty Partners, LLC c/o Paul Herrick Maxner reads legal notice. Tom Mannetta, the project engineer, explains the work involves a continuation of the previously approved project for access and parking lot improvements, with this new NOI involving removal of dilapidated garage with dirt floor and some existing impervious surfaces (i.e., gravel parking) and replacing with loam and seed and new parking areas. The grade in the area will be unchanged. All pavement in front of garage will be removed. Conservation Commission July 18, 2018 Meeting Minutes Page 3 of 7 The 50 ft. No Build Zone will be added to the plan as requested by Bertoni. A request for waiver was discussed in the narrative. Maxner asks if the rain garden is sized adequately for this new parking area. Mannetta confirms it is. Bertoni asks if there are any comments from the audience. There are none. Buchsbaum moves to close the hearing. Seconded by Herbster. The motion carries 6 -0. New: 4 Arbella Drive — Thomas & Elizabeth Micka c/o Peter de Bernardo Gibraltar Pools Maxner reads legal notice. Jay Henchell of Gibraltar Pool, explains the applicant proposes to erect an above ground pool within the 50' NBZ to the edge of wetland but outside the 25' NDZ, which is existing lawn, for which a waiver worksheet has been submitted. Henchell states how there is a slight grade to the yard which will be flattened. Work also includes sod removal and installation of a sand bed to be placed below the pool. Bertoni asks about fencing. Henchell states a fence will be included with the cantilevered deck around the pool (20 by 40 feet for total structure). Henchell explains the location of the pool on the site is proposed to maximize privacy. A pool ladder that can be folded up and locked closed will provide access to the pool. Maxner asked what type of filter system will be installed. Henchell notes it will be a cartridge system that does not require backwashing and will be replaced every couple of years. Bertoni asks if there are any comments from the audience. There are none. The Commission schedules a site visit for Tuesday, July 24, 2018 at 5:30 p.m. Buchsbaum moves to continue the hearing to the August 7, 2018 meeting. Seconded by Squibb. The motion carries 6 -0. Reconvene the regular meeting Buchsbaum moves to reconvene the regular meeting. Seconded by Squibb. The motion carries 6- 0 OLD /NEW /OTHER BUSINESS New: 17 Riverview Street, DEP File #5 -1194 — Elizabeth Jones — Request for Minor Modification to Order of Conditions Elizabeth Jones, owner and applicant, explains that Army Corps of Engineers required 30 -inch legs rather than 17 inch legs on the new float and that it will have skids instead of resting on rocks. In addition to two helical anchors that will be secured with chains. She asks if pavers versus asphalt could be used for the driveway. The driveway is pitched toward the lawn to direct Conservation Commission July 18, 2018 Meeting Minutes Page 4 of 7 runoff from impervious surface. Discussion ensues about how float would be secured (i.e., helical anchors on one end, use sinkers on other end and /or attach lines to pier on other end). Herbster moves to issue Minor Modification with the following conditions as discussed: 1. The terminal float shall have 30" legs instead of 18" legs as previously proposed. 2. The float legs shall be equipped with skids instead of resting on rocks a previously proposed. 3. The applicant shall have the option of installing pavers set it stone dust or laying new asphalt for the resurfacing of the driveway, provided that the applicant informs the Commission of which option is finally chosen before work on the driveway begins. 4. Special Conditions #1 & #2 are eliminated, and the existing concrete sinkers and chains /ropes shall be used to secure /stabilize the float. 5. Special Condition #6 is eliminated. Seconded by Buchsbaum. The motion carries 6 -0. New: 875 Hale Street, DEP File #5 -1038 — request for Extension — Montrose School Par LLC c/o Jeffrey Rhuda Maxner reports on her recent pre - construction meeting with the developer as work is just underway. She notes that the last extension request was for two years on the state decision and one year on the Ordinance decision, and the Ordinance decision needs one additional extension. Squibb moves to extend the local Order of Conditions for one last year. Seconded by Pirrotta. The motion carries 6 -0. New: 50 -52 Dunham Road, DEP File #5 -1123 — request for Extension — Dunham Ridge, LLC Mike Aveni of Cummings Properties, representing the applicant notes that a vast majority of the site work is done and final touches with building erection remaining. The Special Conditions are reviewed with Aveni. Buchsbaum moves to issue a one year extension under the WPA and local ordinance noting this will be the last extension available to the applicant for this Order. Seconded by Squibb. The motion carries 6 -0. Storm Damage Repair at Lynch Park — Request from Recreation Director Bruce Doig, Director of Parks and Recreation, spoke to the Commission about flooding at Woodbury Beach area that resulted from the March storm damage at Lynch Park. Also, sink holes that are occurring under the asphalt at the Carriage House. He is interested in backfilling a trench along the seawall to the beach area as a public safety consideration prior to upcoming Homecoming activities in early August. Discussion ensues about whether a private contractor would have to be hired to do the work. Also, that the solution could be the repair or temporarily fence off the area with signage. In addition, the Commission discussed the need for the City to Conservation Commission July 18, 2018 Meeting Minutes Page 5 of 7 hire a coastal consultant to deal with all issues at Lynch Park that would fall under its jurisdiction. The Commission members expressed their disfavor for allowing backfill work of that nature without proper permitting process, and advised that the City should install safety fencing to keep the public out of the area. Doig acknowledged the Commission's direction and agreed to work with DPW to put up fencing. Cont: Beverly port — update on Airport Vegetation Management Program — Airport Solutions Group /Airport Manager This item has been tabled until further notice. Cont: 54 Pickman Road — Enforcement Order — Gillian & Gary Benton Maxner states that this is currently being addressed under the NOI. New: Tree Removal Requests Maxner states she visited 44 Trask Street and explains that ownerTed Parson is requesting removal of 6 dead trees. She notes she observed the trees which are tagged to come down and provides photos for Commission review. She notes that it is obvious that the trees are indeed dead. Buchsbaum moves to approve tree removal request for 44 Trask Street subject to the following conditions: • All trees shall be cut flush to the ground and root structure left intact with no grinding of stumps • All cut material shall be removed from site and not deposited in the stream or buffer zone • All heavy equipment shall be operated from either the driveway or street Seconded by Herbster. The motion carries 6 -0. New: Review of Minor Project Permits Issued by Agent The Commission reviewed 13 MacArthur Road for a new deck and 5 Access Road for a new rear porch with Maxner. The Commission had no concerns with either project. New: Expenditure Approvals Buchsbaum moves to approve Con Com membership renewal to MACC - $553 for seven (7) members and one (1) staff, and an additional $120 for eight (8) subscriptions to MACC's on -line Environmental Handbook. Seconded by Squibb. The motion carries 6 -0. Squibb moves to approve the Con Com membership renewal to Essex County Greenbelt - $100. Seconded by Buchsbaum. The motion carries 6 -0. Conservation Commission July 18, 2018 Meeting Minutes Page 6 of 7 Approval of Minutes Herbster moves to approve the February 7, 2018 minutes as amended. Seconded by Buchsbaum. The motion carries 6 -0. Herbster moves to approve the March 6, 2018 minutes as amended. Seconded by Pirrotta. The motion carries 5 -0 -1 with Bertoni abstaining since she did not attended. Squibb moves to approve the January 9, 2018 minutes. Seconded by Buchsbaum. The motion carries 6 -0. Orders of Conditions 27 Riverview Street— DEP File #5 -1246 — Michael Settles Discussion ensues as to Standard Conditions and Special Conditions. The Commission discusses the work within the 25' NDZ. Maxner notes that the seawall constitutes the coastal bank resource area itself, and erosion is occurring on the landward side of the wall. Buchsbaum thinks that the applicant has kept to a minimum to accomplish the project. Members agree that the erosion on the bank will be abated and the NDZ will not be left in a more degraded state. Buchsbaum moves to issue an Order of Conditions with the following Special Conditions and a waiver from the 25' NDZ as discussed: 1. This Order of Conditions does not permit or govern the existing float /gangway system. 2. Any work on any other existing or proposed new structures on the site is NOT allowed under this Order. The applicant must obtain review and approval from the Commission for any other such work. 3. As discussed with the applicant's representative at the July 18, 2018 hearing, prior to any excavation in the area a steel sheet (or comparable) shall be installed along the very seaward edge of the existing timber seawall. This steel sheet shall serve as erosion control and excavation support during all excavation activities. 4. The new block seawall shall NOT be higher than the very southwest corner of the neighboring rock seawall. 5. Prior to work commencing on the project, the approved plan shall be updated to depict the 2nd Coastal Bank on site. 6. All work from the barge will occur during high tide — the barge shall not be allowed to ground out during low tide. 7. All foreign debris, old timbers, remnant asphalt (etc...) shall be removed from site and disposed of at an appropriate off -site facility. 8. The project did not propose any landscaping treatment to the sitting area landward of the seawall — if any landscaping is proposed, the applicant must obtain review and approval of any such proposal. The applicant's representative noted this area will be overlain with clean crushed stone. Seconded by Herbster. The motion carries 5 -1 with Pirrotta opposed. Conservation Commission July 18, 2018 Meeting Minutes Page 7 of 7 6 Shortmeadow Road & 9 Dodge Street - #: 5 -1249 Paul Herrick — Dodge Street Realty Partners, LLC Discussion ensues about the proposed work within the 25' NDZ, with Bertoni noting that degraded conditions currently exist within the NDZ and NBZ and implementing the proposed improvements necessitate work within this zone which will be an improvement. Buchsbaum moves to issue an Order of Conditions granting a waiver from the 25' NDZ, with standard conditions and the following special conditions as discussed: 1. The project does not call for changing the grades or land elevations, and is therefore not allowed under this Order unless the applicant seeks review and approval by the Commission. 2. The project does not call for new lighting, and is therefore not allowed under this Order unless the applicant seeks review and approval by the Commission. 3. Prior to work on this part of the project, a 25 -Foot NDZ /50 -Foot NBZ Waiver Worksheet shall be provided to the Commission for its file. 4. All demo debris shall be removed from site and disposed of at an appropriate off -site facility. 5. The areas or restoration and reseeding shall be left to naturalize without maintenance landscaping activities undertaken therein. Seconded by Herbster. The motion carries 6 -0. Adjournment Pirrotta moves to adjourn at 9:50 p.m. Seconded by Herbster. The motion carries 6 -0. The next regular meeting of the Conservation Commission is Tuesday, August 7, 2018 at Beverly City Hall, 3rd Floor Council Chamber.