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10-30-18 BCC MinCITY OF BEVERLY PUBLIC MEETING MINUTES BOARD: SUBCOMMITTEE: DATE: BOARD MEMBERS PRESENT: BOARD MEMBERS ABSENT STAFF MEMBERS PRESENT OTHERS PRESENT: RECORDER: Conservation Commission October 30, 2018 Chair Christine Bertoni, Vice Chair Robert Buchsbaum, David Dines, Rick Grandoni, Jenna Pirrotta Stephanie Herbster, Bill Squibb Amy Maxner, Environmental Planner Jane Dooley Bertoni calls the meeting to order at 7:00 p.m. at Beverly City Hall, 3rd Floor Conference Room "B ", Beverly, MA. UEST FOR CERTIFICATE OF COMPLIANCE New: 4 Meeting Place Circle, DEP File #5 -1186 — Lisa Marciano Maxner explains, the Order issued in June 2016 governed the construction of an in- ground swimming pool with sand filter system, associated patio and perimeter stone infiltration trench, pool shed, open and covered deck, walkway and gravel parking area with stone infiltration trench. Work took place within the 100 -foot buffer zone to off -site bordering vegetated wetland. Maxner reports that there had been modifications on the project approved by the Commission. An as -built plan and project engineer's certification letter has been provided. She has visited the property a number of times and has found the site to be stable with no outstanding concerns or issues. The pool has a cartridge filter system so there will be no backwash. The shed was reduced and an infiltration trench installed. The property owner plans to do a gravel parking area which is outside of the buffer zone. The Commission reviews the on -going conditions. Pirrotta moves to issue a Certificate of Compliance with the following ongoing conditions as discussed: 1. Pool water drawdown for winter closure shall be directed toward the front yard of the property to maximize infiltration and filter cartridge cleaning shall be conducted at the front yard of the property. Pool draw down shall not be directed toward the wetland. This condition shall survive on -going beyond the issuance of a Certificate of Compliance. 2. There shall be no dumping of leaves, grass clippings, trash or any kind of refuse in the resource are. 3. Fertilizers utilized for landscaping and lawn care shall be slow release, low- nitrogen types (< 5 %) and phosphorous free, and shall not be used within 25 feet of a wetland Conservation Commission October 30, 2018 Meeting Minutes Page 2 of 5 resource area. This condition shall survive in perpetuity beyond the issuance of a Certificate of Compliance. 4. Pesticides, fungicides and herbicides shall not be used within 100 feet of a wetland resource area. This condition shall survive in perpetuity beyond the issuance of a Certificate of Compliance. 5. No sodium -based products shall be used for control of ice or snow within 100 feet of the wetland. 6. Prevention of flooding, erosion and sedimentation are ongoing and do not expire at the end of three (3) years or with the issuance of the Certificate of Compliance. Seconded by Dines. The motion carries 5 -0. New: 1.2 & 3 Greening Wav (f.k.a. 122 Cross Lane). DEP File #5 -1206 — Ben Carlson Maxner explains, the Order, issued in November 2016, governed the construction of a portion of new roadway to service a 3 -lot subdivision, associated stormwater infiltration basin and a new single family house and associated appurtenances on Lot #3. Work took place within 100 -foot buffer zone to bordering vegetated wetland. Maxner visited the site in late May of this year and found no outstanding issues, the site is stable, limit of work respected, and NDZ and open space markers labeled and installed. Discussion ensues about how the plan identifies buffer zones, and if they could be labeled, as well as privately owned area. Ongoing conditions are discussed. Buchsbaum moves to issue the Certificate of Compliance with the following ongoing conditions: 1. The responsible party shall submit all Stormwater Management maintenance and inspection reports /records to the Beverly Planning Department (1) one time annually due by December 31st of the calendar year in which the maintenance /inspection was performed. These records /reports shall include, but may not be limited to, activities performed on the infiltration basin, any deep sump catch basins and roadway sweeping. An account of any deficiencies /repairs shall be summarized in a cover letter referring to the maintenance /inspection records that have been included. This condition shall run in perpetuity beyond the issuance of a Certificate of Compliance. 2. There shall be no dumping of leaves, grass clippings, trash or any kind of refuse in the resource area. 3. Fertilizers utilized for landscaping and lawn care shall be slow release, low- nitrogen types (< 5 %) and phosphorous free, and shall not be used within 25 feet of a wetland resource area. This condition shall survive in perpetuity beyond the issuance of a Certificate of Compliance. 4. Pesticides, fungicides and herbicides shall not be used within 100 feet of a wetland resource area. This condition shall survive in perpetuity beyond the issuance of a Certificate of Compliance. 5. No sodium -based products shall be used for control of ice or snow within 100 feet of the wetland. 6. Prevention of flooding, erosion and sedimentation are ongoing and do not expire at the end of three (3) years or with the issuance of the Certificate of Compliance. Seconded by Bertoni. The motion carries 5 -0. New: 1 Emily Way (Lot 1), DEP File #5 -1165 — construction of a new single family house — Tom Carnevale Conservation Commission October 30, 2018 Meeting Minutes Page 3 of 5 New: 3 Emily Way (Lot 2), DEP File #5 -1164 - construction of a new single family house Tom Carnevale New: 5 Emily Way (Lot 3), DEP File #5 -1163 - construction of a new single family house Tom Carnevale New: 7 Emily Way (Lot 4), DEP File #5 -1162 - construction of a new single family house — Tom Carnevale There are as -built plans for all four houses Lots 1 through 4. Maxner visited the site on a couple of occasions late summer and early fall and found the site to be stable, limit of work respected, and NDZ markers installed. Discussion ensues about if as -built plans are detailed enough to include walkways and drainage systems as well as labeling of wetland buffer zones. The rear part of the houses is in the buffer zone. Dines moves to issue a complete Certificate of Compliance for 1 Emily Way, 3 Emily Way, 5 Emily Way, and a partial Certificate of Compliance for 7 Emily Way (new owners amended this Order to allow for landscape rehab project) with ongoing perpetual conditions and requirement that each filed copy get a complete site plan of the development. Seconded by Buchsbaum. The motion carries 5 -0. A letter will be sent to the individual homeowners and association regarding intent of NDZ markers. New: Emily Way Roadway, DEP File #5 -1166 — Tom Carnevale Maxner explains, the Order, issued in November 2015, governed the installation of stormwater structures related to the construction of an 8 -lot Open Space Residential Design subdivision roadway, and associated appurtenances, and the cleaning, restoring and replanting within 50 feet from the edge of wetland resource. She explains work was within 100 -foot buffer zone to bordering vegetated wetland, and notes that the Special Conditions have been followed. She notes the only potential issue relates to the new owners consistently mowing the area between the NDZ markers and edge of wetland, which was meant to be undisturbed OSRD- created homeowners' association -owned open space that would grow naturally with the allowance of mowing 1 time a year. Buchsbaum moves to issue a Certificate of Compliance with the following ongoing conditions as discussed: 1. The long -term Stormwater Management Operations & Maintenance Plan (O &M Plan) shall be carried out on an on -going basis. All maintenance and inspection reports per the O & M Plan shall be submitted to the Conservation Agent on an annual basis no later than December 31s of each year for maintenance activities carried out that year. This condition shall survive in perpetuity beyond the issuance of a Certificate of Compliance. 2. There shall be no dumping of leaves, grass clippings, trash or any kind of refuse in the buffer zones or resource areas. 3. No sodium -based products shall be used for control of ice or snow within 100 feet of the wetland. Conservation Commission October 30, 2018 Meeting Minutes Page 4 of 5 4. Prevention of flooding, erosion and sedimentation are ongoing and do not expire at the end of three (3) years or with the issuance of the Certificate of Compliance. Seconded by Grandoni. The motion carries 5 -0. OLD /NEW /OTHER BUSINESS Cont: Standley Street Community Gardens — request for layout reconfiguration — Edenic Development c/o Jon & Ben Zoba Maxner reported that the license agreement (drawn up by the City solicitor) has not been fully executed yet and it needs to be finalized since it has not been signed by the City. A non - profit entity has to manage the site (i.e., Beverly Boot Straps, then the Food Project did it previously for the Cole Street site), which is now identified as Ednic Development, with Ben and Jon Zoba being the principles. The gardeners pay a fee and it is used for garden related action (i.e., designated plots). Bertoni notes that the license needs to make reference to an approved site plan, which still needs to be finalized. Discussion ensues about how the wetland should be delineated to identify the buffer zones and riverfront that can be funded by the Conservation Commission. Maxner reminds the Commission of it's and the City's stewardship of the land under the charitable trust. Discussion ensues with Jon Zoba regarding annual mowing in one area and how white pine overgrowth could be cut to prevent shading of area to be cultivated. The area that Jon and Ben are interested in cultivating may not be in the buffer zone. Discussion ensues about how the community gardens group had installed flags where garden plot locations made sense. Zoba states they want to keep a field area in the same open state that it has been for years. Buchsbaum recommends an RDA be done relative to trimming trees and maintaining field. Discussion speaks to ensuring that the City is in favor of community gardens at the site and the Commission has the right to allow it based on input from the City solicitor. Also, the Conservation Agent will put a wetland delineation out to bid and get three quotes. If the Commission learns from the City Solicitor that tree trimming is allowed with the interim license then trimming could occur outside of the buffer zone. Maxner will work with the City's GIS Coordinator Roland Adams to GPS the wetland flagging after the wetland is delineated by a wetland consultant to develop an accurate plan. Commission members note that a wetland permit process is most likely in order for activity proposed. Cont: Discussion - Communication from the City Solicitor's Office regarding the Waring School encroachment on Standley_ Street Conservation Commission land — continued, without discussion, to a date to be determined Cont: Beverly port — update on Airport Vegetation Management Program — Airport Solutions Group /Airport Manager — this item is tabled until further notice Maxner will seek an update from the new airport manager. Cont: 242 Dodge Street — Enforcement Order Follow Up — Scott Barbeau Conservation Commission October 30, 2018 Meeting Minutes Page 5 of 5 Having not received the engineer's certification of compliance letter, Dines moves to continue to the November 6, 2018 meeting. Seconded by Buchsbaum. The motion carries 5 -0. New: Planning Board Request for Comments — Modification to approved Site Plan #113 -13, 50 Dunham Road — Cummings Properties, LLC c/o Stephen Drohosky Discussion ensues as to the Commission's review of this part of the site and denials for lack of information. Maxner provides a brief chronology of NOI submittals and corresponding Commission decisions. Bertoni notes that the Planning Board needs to be apprised of the Commission's original denial and it's rational for requiring complete comprehensive information for the proposed development. Maxner will provide a chronology of the Commission's application and decision process to the Planning Board. Approval of minutes — May 8, 2018 The Commission reviews the draft minutes and offers edits. Pirrotta moves to approve May 8, 2018 minutes as amended. Seconded by Buchsbaum. The motion carries 5 -0. New: Expenditure Approvals Dines moves to approve mileage reimbursement for Amy Maxner for September (54.5 miles at 45 cents /mile for $24.52) and October (107 miles at 45 cents /mile for $48.15). Seconded by Buchsbaum. The motion carries 5 -0. Adjournment Grandoni moves to adjourn at 9:05 p.m. Seconded by Bertoni. The motion carries 5 -0. The next regular meeting of the Conservation Commission is Tuesday, November 6, 2018 at Beverly City Hall, 3rd Floor Council Chamber.