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09-05-18 BCC MinCITY OF BEVERLY PUBLIC MEETING MINUTES BOARD: SUBCOMMITTEE: DATE: BOARD MEMBERS PRESENT: BOARD MEMBERS ABSENT STAFF MEMBERS PRESENT OTHERS PRESENT: RECORDER: Conservation Commission September 5, 2018 Chair Christine Bertoni, Vice Chair Robert Buchsbaum, David Dines, Stephanie Herbster, Jenna Pirrotta, Bill Squibb Rick Grandoni Amy Maxner, Environmental Planner Jane Dooley Bertoni calls the meeting to order at 7:00 p.m. at Beverly Public Library, 32 Essex Street, Beverly, MA. Request for Certificate of Compliance Cont: 100 & 102 Hull Street, DEP File #5 -1205 — construct two new single family houses and associated appurtenances — MJP Properties, Inc. c/o Mike Panzero & Susan Purdy Maxner reports that the Commission has not received any new information. Herbster moves to continue to the September 18, 2018 meeting. Seconded by Dines. The motion carries 6 -0. Old/New /Other Business New: Discussion /Communication from the City Solicitor's Office regarding the Waring School encroachment on Standley Street Conservation Commission land Kevin Corridan, Assistant City Solicitor, speaks to the Waring School encroachment on charitable trust land under the custody of the Commission. He explains the City has been working with the School to resolve the issue. Discussion has occurred between the two parties regarding allowing the School to keep its soccer field which overlaps the City property in exchange for a land swap, noting that an appraisal was done on the prospective parcels. A proposal is under discussion which could be brought before probate court. Corridan explains that the Attorney General's office wants to be assured that the public has had an opportunity to weigh in on what this proposal would mean for the area and impact on the charitable land trust by way of the Commission holding one or more public hearings and report to the City's administration about next steps. Bertoni notes that she would like for the Commission to have a chance to review the draft petition and possibly discuss it under an executive session. Corridan agrees to assemble the Conservation Commission September 5, 2018 Meeting Minutes Page 2 of 6 informational package with the draft petition for the Commission's review. Maxner recommends that the Commission schedule a separate meeting to review this rather than placing it on a regularly scheduled meeting agenda as agendas have been very large lately. Squibb moves to continue to the September 18, 2018 meeting pending submission of materials by Corridan. Seconded by Herbster. The motion carries 6 -0. Cont: Beverly port — update on Airport Vegetation Management Program — Airport Solutions Group /Airport Manager — this item is tabled until further notice Maxner notes that she has not heard from the airport representatives. Buchsbaum moves to continue the item to September 18, 2018 agenda. Seconded by Dines. The motion carries 6 -0. Cont: 54 Pickman Road — Enforcement Order — Gillian & Gary Benton — See NOI Maxner notes the Commission closed its public hearing on the NOI for sea wall reconstruction and coastal bank repair with an Order of Conditions. She states that this plan addresses goal for stabilization under the Enforcement Order. Bertoni suggests closing this EO out at the time of finalized stabilization of the coastal bank and the no action be taken this evening. Commission members agree to table this until that time. New: 400 Hale Street, DEP File #5 -1053 — request for Minor Modification to Order of Conditions — Endicott College c/o Dennis Monaco Chris Broyles, PE from Meridian Associates speaks to request for Minor Modification to add section of walkway and widen two paths (i.e., 6 feet and 8 feet). The asphalt paths would be replaced with brick. All proposed work is within the buffer zone. In response to Maxner, Broyles confirms that the proposed retaining wall will no longer be installed but work will be done to stabilize bank including through use of jute mesh. Buchsbaum moves to approve the Minor Modification. Seconded by Pirrotta. The motion carries 6 -0. New: Stanley Street relocation of Community Gardens — Edenic Development request to modify proposed garden lam John Zoba from Edenic Development, addresses the Commission explaining that Edenic will be charged with overseeing the operation of the Community Garden to be relocated to the Standley Street open space area. He describes Edenic's proposal to work on the existing field to prepare layout differently that what the Commission previously approved. He notes that there is a lot of new white pine growth that will shade out a large section of the field and they proposed to cut back to the original limits of the historically maintained field. Maxner describes how she estimated the edge of wetland, 100 -foot buffer zone and perennial stream 200 -foot riverfront area so that the gardens would not trigger wetland jurisdictional review. She notes that a license agreement for this use was drawn up by the City solicitor's office. Conservation Commission September 5, 2018 Meeting Minutes Page 3 of 6 The Commission schedules a site visit for Thursday, September 20, 2018 at 5:00 p.m. Herbster moves to continue this discussion item to the October 17, 2018 meeting. Seconded by Buchsbaum. The motion carries 6 -0. New: 52 Cross Lane — Enforcement Order — Leslev MacDonald Maxner reports on Enforcement Order that she issued regarding unpermitted activities that occurred within the 100 ft. buffer zone to an isolated vegetated wetland as well as OSRD subdivision No Disturb Zone on this lot. She explains there was removal of undergrowth vegetation, mulching at rear of property measuring 2,100 s. f. and construction of a storage shed and patio with landscaping seating walls in the buffer all without permit. There was a communication gap between building department and Maxner with this issue. Maxner has identified a route to address unpermitted activity which includes getting an as -built foundation plan that illustrates current built conditions and edge of wetland, buffer zone, NDZ. Discussion ensues with the property owners, Leslie MacDonald and her husband, about how they were unaware of restrictions on the property when a patio was installed, and how they became aware when discussing plans to install a shed on the lot. There was also mention of work done to eradicate poison ivy and what plants should be installed in that area. Discussion addresses how an RDA could be filed to identify a new location for the shed, and perhaps some form of plan with all resources, buffer zones and existing conditions will be needed to review project. Herbster moves to ratify the Enforcement Order and amend it to include the requirement for filing a Request for Determination of Applicability as discussed. Seconded by Buchsbaum. The motion carries 6 -0. New: 7 Emily Way — Enforcement Order — Christopher Umana Maxner describes her recent site inspection related to tree removal request and her observation of activity that had not been reviewed by the Commission including Japanese knotweed removal within wetland and NDZ, as well as excavation of soils in 100 ft. buffer zone. The Commission was provided with Enforcement Order letter which outlines what steps property owner could take to bring site into compliance. She explains the main thrust of the activity is related to a comprehensive landscaping plan. The Commission communicates its recommendation that the property owner submit a request for an amended Order of Conditions to properly permit the landscape project. Chris Umana and Ilran Umana are present and describe the large stand of knotweed in the area of behind the house and on homeowners' association property. The removal of any knotweed was done by hand. Mr. Umana describes research that he has done to have an ecological expert propose what could be done with the knotweed. It was noted how giraffes at Franklin Park Zoo are fed the knotweed. Buchsbaum explains there is a long process using herbicide to eradicate knotweed. The Commission has requested a plan for the proposed landscaping from expert or UMASS Extension guidance document, and permissions from the homeowners' association, as part of Conservation Commission September 5, 2018 Meeting Minutes Page 4 of 6 amending Order. The homeowners will discuss this further with the Commission at its September 18t' meeting under the amendment hearing. Mr. Umana agrees that all work in the buffer zone will cease until there is an amended Order in place. Buchsbaum moves to ratify the Enforcement Order, include the requirement of filing for an amended Order of Conditions, and invasive species eradication plan. Seconded by Squibb. The motion carries 6 -0. New: 27 Marsh Avenue — Enforcement Order — James & Judy Miles Maxner explains how she received a telephone call from DEP's wetland enforcement division regarding a report of an unpermitted gangway and dock installed at 27 Marsh Avenue. She explains her on -site observations and provides photos of site conditions for the Commission to review. She issued an Enforcement Order (EO) directing that all structures be removed and stored at an upland location. She reports that the homeowner immediately responded to the EO and complied. James Miles, the homeowner, describes history of property and his ownership since 1990s and how his property gets periodically flooded, and his gangway /dock system which uses helical anchors and was installed in 2013 which are very environmentally friendly. Bertoni explains the necessity for a Notice of Intent application along with a surveyed plan that contains wetland resource areas and as part of the proper permitting process for these structures. Miles mentions how he believes his gangway /dock system is environmentally friendly. Discussion addresses how harbor master deals with moorings versus docks and should always refer people to the Commission for docks, gangways and piers. Buchsbaum moves to ratify the Enforcement Order and amend it to include the requirement that the owner file a Notice of Intent to get the proper permitting for gangway, float and helical anchors. Seconded by Squibb. The motion carries 6 -0. New: Planning Board Request for Comments — Thaxton Road /Grover Street 4 -Lot OSRD Initial Site Plan Review — Hickory Street Realty Trust applicant Bob Griffin representing the applicant provides details about Thaxton Road /Grover Street OSRD subdivision site plan for the subject site. He reminds the Commission of its recent Order of Resource Delineation confirming the wetland boundaries on site. He notes the yield plan for a conventional subdivision results in 4 single family houses and their relative locations to resource or buffer zone areas, with Lot 1 involving a wetland crossing. The plan includes 50% No Disturb Zone set aside for open space (this can include wetlands and slopes). The wetlands amount to 1.6 acres. The remaining buildable area is 3.22 acres. The total parcel is 5.9 acres. He is hopeful that the Commission will not require an NOI for the yield plan that will not get built. Griffin reviews the OSRD conceptual plans and suggests that Option C -4a is the preferred plan with 4 lots and most of the work out of the buffer zone and storm water management outside of the 200 ft. drinking water protection zone. The Commission reviews the yield plan, with Bertoni Conservation Commission September 5, 2018 Meeting Minutes Page 5 of 6 noting that the wetland crossing requires wavers from the 25' NDZ and 50' NBZ and its "permittability" should not be assumed. She goes on to note that she agrees that concept C -4a is preferred in her opinion. The Commission reviews the site plans and discussion ensues as to all layouts (both yield plan and concept plans). The Commission provides the following comments for the Planning Board's consideration: • The Commission would require the filing of a Notice of Intent for Lot 1 on the Yield Plan as waivers from the wetland resource alteration, 25 -foot no disturb and 50 -foot no build zones provisions under the Beverly Wetlands Protection Regulations are required; • The Commission asked the engineer to explore alternative layouts of the cul -de -sac to accommodate all four lots off the upland access so as to avoid wetland impacts altogether. Alternatives analysis for avoiding wetland impacts is a requirement under the Beverly Wetlands Regulations, and therefore this exercise would be required regardless; • The Commission finds Concept Plan A (C -4a) as the preferred alternative, as the houses are kept outside the 100 -foot buffer zone, all activity is kept outside the 50 -foot no build zone, and places only a portion of the detention basin and associated grading within the outer half of the buffer zone. In addition, Concept Plan A provides the greatest square footage of open space, thereby creating a contiguous undisturbed woodland surrounding the wetland and the 200' Zone A around the intermittent stream tributary to Longham Reservoir a part of the drinking water complex to Wenham Lake. • Concept Plan B (C -4b) includes a wetland crossing, which in the Commission's opinion is not at all desirable in an OSRD plan where upland access alternatives exist. Concept Plan C (C -4c) places one of the houses within the 200' Zone A and appears to be a bit sprawling in nature and for those reasons not desirable from the Commission's perspective. The Commission thanks Griffin for attending the meeting and answering their questions. New: Tree Removal Requests 25 Walker Road — Robert Stowe Maxner reports of the tree removal request for 25 Walker Road, noting there are 4 trees that are showing various signs of rot, splitting and are in close proximity to the shed and rear yard. She notes there is a 4t tree, a Beech that is located to the east of the shed above a concrete retaining wall, also slated for removal. This particular tree appears to be outside the 100 -foot buffer zone from the wetland, and therefore not within Con Com jurisdiction. Hebster moves to allow the tree removal request subject to the following conditions: • All trees shall be flush cut to ground surface and the stumps and root systems left intact without grinding • All cut trunks and limbs are to be taken off site, with not storage of said materials to be located within the wetland or within the 100 -foot buffer zone to wetland • Any soil disturbance resulting from tree removal work shall be seeded and protected so as to not cause erosion into the wetland area Seconded by Squibb. The motion carries 6 -0. Conservation Commission September 5, 2018 Meeting Minutes Page 6 of 6 New: 242 Dodge Street — Enforcement Order (EO) Follow Un — Scott Barbeau Maxner reports that the homeowner has undertaken the actions prescribed in the EO and followed the plan that have been approved by the Commission and directed by engineer John Morin of Morin Cameron Group. She has visited site three times when work began to remove material from floodplain. She visited the site in early August with John Morin and found the slope to be stabilized with hardy seed mix growth and the erosion control blanket as prescribed. She notes that not less than 6 trees were planted in the resource area and look to be healthy. Based on her site observations she believes the Enforcement Order directives have been addressed. The Commission reviews site photos and review the approved plan. Bertoni notes that she believes the Commission should have at least a certification letter from the project engineer verifying compliance with the EO. Herbster moves to require a certification letter from Mr. Morin as to compliance of as -built site conditions with the EO before the Commission votes to lift the EO. Seconded by Squibb. The motion carries 6 -0. Adjournment Pirrotta moves to adjourn at 10:00 p.m. Seconded by Herbster. The motion carries 6 -0. The next regular meeting of the Conservation Commission is Wednesday, Septemberl8, 2018 at Beverly City Hall, 3rd Floor Council Chamber.