##VIDEO ID:Cm0VG_FZHF8## e e e e e e e what e do e e e they do get okay we ready y all right good good evening welcome to the Danver Conservation Commission for December 12th 2024 we operate under the Massachusetts General Law chapter 131 section 40 the wetlands protection act and chapter 26 of the town of dver General bylaw the wetlands protection bylaw after each applicant presents his or her requests and the board has had time to ask questions and discuss the project we will accept questions from the audience because this is a public meeting it is required by law that you give your name and address before you speak although we may disagree on the issues raised all persons present during this meeting are expected to be civil to all of the meeting attendees this includes members of the commission staff Butters concerned citizens property owners and project applicants we also request that you confine your questions to the project and only as it pertains to the wetlands act we cannot handle nor do we have jurisdiction of matters such as noise or traffic all problems not related to the wetlands protection act in the town of Danver Wetlands protection bylaw must be taken up with other appropriate boards uh our first order of business will be a roll call Peter Wilson is present Lorraine drapek present Jonathan garus present Mary hate is not here and Michael Spain yeah uh our first order of business would be a request for a partial certificate of compliance for 10 tibits Avenue DP file number 14138 5 the applicants Michael hubard and I see Bob grii is here to represent good evening and thank you um this is a uh this is you know one of the houses down in tibits Avenue that's was raised and reconstructed um I think your order was uh 2022 and um the the U Builder has followed the approved plan very Faithfully the building's you know in the right spot the right size all the Landscaping is uh been installed and uh the site's actually in beautiful beautiful condition and a closing is anticipated uh within the next few weeks I believe the one sort of unusual thing about this application is that uh special condition 15 of your order conditions requires a 2-year survivorship for the uh plants uh the planting work was all done earlier this year really late spring early summer and um it it has held up well it's got a irrigation system but two years is not complete so um we we're requesting a partial certificate of compliance um with the anticipation that we'd come back at the end of next season to get the second year and and get the final part uh certificate of completion so the only remaining work would be the survivorship uh there's also a requirement in the special conditions that the applicant post a $2,000 bond that Bond was posted by Mr hubard at the time of uh construction and so uh that would also remain pending until the final certificate of completion is issued uh but be happy to address any questions again the site I think looks looks good we had Emily and I had an opportunity to visit there a few weeks ago and uh uh again be happy to address any questions now this this property is being sold that's correct so is the new is the prospective owner on board with carrying on a open order of conditions they understand and you know there's there's no alternative really okay uh who has posted the bond Mr hubard posted the bond the the applicant the developer so so the the bond would go back to him yes his money is that is 2,000 enough to ensure compliance I I mean that was what was in the original order of conditions so we wouldn't be able to change that now that's what they had agreed to when the order was issued but I think I mean everything out there looks fantastic um they I believe you said they put in an irrigation system too so yeah if the commission was inclined to reduce the security I'm sure Mr hubard would appreciate it all the work is complete and again everything's thriving yeah the the house looks fantastic it really does yeah looks beautiful uh okay so you've been out to see it yes Emily right okay uh I don't have any other questions Mike do you have any questions no Jonathan no nothing line no questions uh okay if someone can make a motion we can uh Grant this and before we do that so in a year's time someone has to come back yes yes once that second growing season is done someone will come back and to do the final partial certificate to close that out release the bond and that be the new home owner or would that' be what I I believe Bob you could work that out with the homeowner and Mr hubard to see how you certainly the obligation runs with the land um the homeowner might choose to come themselves or they might invite me to to uh come visit you but somebody's got to come yeah U just how will how will they know to come back how is that I'll be notifying them it's in our tracker system that we use so I'll let them know once system where that'll come up and you good okay okay if someone can make a motion we can issue an I'll make a motion that um we issue a a partial certificate of compliance for 10 tibot AV D file number 14-1 385 the applicant uh Michael hover uh this these are special conditions uh were these already read into no these are the conditions from the order so these are the two that are going to be closed out with the second partial as just these are highlighted here just to show you the two that are remaining that are not being closed out yeah so the uh remaining conditions are the performance bond and the completion of the planting area correct all right I'll just summarize it that way survivable and they survive this uh this partial release and see you next year but right that's a motion second the motion all in favor I I okay thank you all very much okay good thank you next is a notice of intent for 117 and 121 Elliot Street D file number 14-1 1426 the applicant is Jonathan Garis who's will have to recuse himself obviously because he is the applicant be with three of us I need to officially do that or recuse well we can on the record yeah we just note that you have refused your uh Jonathan gar 117 Elliot Street on behalf of 117 and 121 Elliott Street um seeking a in the order of conditions for the removal of Three Trees uh within uh the 50 and 35 ft uh buffer zones on the property uh the trees you can see on the plan here one two and I think the third one is actually off screen yep down here this is that one on the bottom is the one that's within the 35 ft buffer one two three oh okay good and there's pictures in the packet there what's going on it's the house right I'm just trying to get my bearings here Jonathan okay yeah so this is um this is Elliot Street right this is the house this is Elliot Street Route 62 um this is my property line that runs along 119 Elliot Street um and that this corner here turns into 122 Elliot Street here um and this is uh a marsh uh Coastal Bank Marsh uh and down into open water in the Millet Creek which is tidal these trees are are dead right you just want to remove them to prevent yeah this one has has been dead for who knows how long I mean it's it's completely debarked and gray it's probably been dead for 10 or 20 years I'm surprised it hasn't come down yet uh this tree this tree here and and there are two dying mostly dead ash trees that are continuing to decline over the years and limbs are actively falling off of the trees and causing uh damage to things below so it's a matter of time before they're totally dead and falling over themselves and On's on your property and one's on your neighbors that's correct uh this one's on my property um this is the property line here the fence line these two are on 121 Elliot Street's property was so is 121 Elliot set back from the street is that does that matter that the applicant isn't here for 121 he signed an authorization um on our record saying that it's that he's totally fine with us will the applicant will they have to sign off I mean allow him to do it on yep he already did oh he already did oh fine yeah we I had Dyan mcnamer send a a signed letter to Emily um so 121s property line kind of comes this way and then does an L to the street so this would be his Frontage here and there's a fence line here and then it does an L so his lot is essentially L-shaped oh I see and then 119 is in between and 119 is snug in between here and is not a part of the project okay uh how much disturbance will there be by them removing these trees none it'll all be done by crane uh the crane is going to set up here in my driveway on my property um and they're going to be able to reach those from there um it's all going to be chainsaw by hand um so there'll be foot traffic to the back to the tree locations um and they'll just be cutting them at the base and that the crane will be lifting them away and there's multiple trees back there is that correct that's correct um there most of the other trees are you know on the periphery um there aren't really any trees between the driveway and and the the trees that we're we're going after here and just more or less want to cut these down just as a to remove a hazard in case thetion yeah I'm worried that one large limb has already fallen and and just missed my shed here a couple of years ago um and limbs are ready to fall off of that thing any given storm um okay and there's no ground disturbance within the the 35 we're not proposing any disturbance at all whatsoever nope okay uh I don't have any other questions Mike do you have any so uh what'll happen once the trees Roe are you replanting something there or clearing or uh not specifically because we're removing them but um you know if it does look empty over there I may I may think about putting some roaded dendrons or some Woodland shrubs what Native things there something native yeah yep absolutely okay I have no other questions I don't have any questions no any public comment questions none uh I mean I don't see any reason why we'd say no there's plenty of other vegetation there youan it's not really negative effect on the the Wetland so someone can make a motion then we'll we'll go ahead I make a motion to issue a notice of intent for 310 CMR 10-05 an order of conditions order of conditions sorry um 117 and 121 Elliot Street D file number 14426 can I just have a little discussion on the motion sure CH just that um any if just can we note that if he replaces it with anything that it be native you all right with that 100% yeah all right I wouldn't replace it with anything but native anyways and just for the record that your neighbor at 121 had signed off appropriately so this is their party to this and they're good with it okay the motion's been made is there a second second you made the motion no no he made I just I just uh disced discuss you she's got motion or whatever you want to call second Senor moment um all in favor I I okay good thank you good night get back over here yeah put your hat back on yeah all right uh the third item is an amendment request for 152 andot Street D file number is 14142 the applicant is jbm Danver LLC on we're just having some quick audio issues with teams so just un and then it again okay in case question thanks M no uh there's a tree company iron tree out oh I see the truck I use them a lot as a subcontractor I at work I've used them a couple times in my house very yeah they're saying that the the town is muted so they can't I'm got some technical difficulty M so they can't hear me but when I turn the mic on on my computer that's when there's all the feedback could they hear us now possibly um okay to the people that are online can you hear us now yes we can guys thank you fantastic thank you we yes we can thank you good evening for the record my name's Robert Clark from Allen major Associates I'm here with Greg mes from Augustus August uh Consulting and we have uh Andrew from Gard consultant the Wetland soil scientist so this was approved back January of last year um we have been under construction on the Fidelity building that's at the uh north of the site all the perimeter wall was put in we made a modification tonight we're here in front of you to discuss the hotel we uh we have a home too at the time we did not have um a hotel flag we were at 95 approved units and it's now 115 so they wanted 20 additional units which resulted in 13 additional parking spaces with that there was an increase in the building at 1,250 ft of building and um and uh 1,700 ft of pavement which is under 3,00 sare ft it's a total of 2950 um this is still a reduction from the existing impervious overall to the site was originally 69% we're we're at 55% now we didn't encroach towards the wetlands we didn't encroach with any of the um the riverfront uh all the changes in the two boards I did place up there is the one closest to you is the previously approved plan and the one closest to me is the new plan we removed the port kosier um that was in this location um and there's now a patio in that location so uh the drainage was able to accommodate this minimal increase in impervious as I mentioned the wall was already in place the drainage was already in place the Wetland replication was already replaced um constructed and the uh all the invasive species have been removed they went through the whole program guarded consultant was the consultant on that they did Issue a report you guys should have that um they're in their phase three in the spring they'd come out and check it but everything was installed everything was removed they used the herbicide and they did the treatment if there's any questions for him he is online that he can uh he can answer any questions regarding the the wetlands and the invasive species that we removed prior to with that I'll open it up to any questions um I guess you you kind of touched on but can you just show us on the map where the wetlands that was there that been removed and then the the new uh replication area I think you said that's been planted so correct which is this is the blow up of those two areas I'll get back to the so it's at the Lower Side of the um of the wall you see here's a replication area right right in this location uh this is what was removed with invasive species uh this this is the weapon filling for the access into the site so this is the access into the site this is the replication area here um and this was F filling for the access of CH into the uh nothing's changed on that previously to now he and your your new your changes do not really impact the wetlands not going into correct everything was internal to the parking area and um and as I mentioned again uh we still have a reduction from what was existing the old pavement line was out here mhm and the new one is here that has not changed so it was really removing we we had a cut through in this location with a port cier um and you can see well previously you could see the two plans I had up there it's really the building got a little bit longer a little bit longer yeah yeah so where the P where the turnaround and the drop off is no longer and now it's a patio area so MH um but yeah the the perimeter nothing changed on the perimeter towards the wetlands to the riverfront towards um any any of the protectable resources and the Wetlands replication is well underway correct correct okay that's what I wanted to hear uh Mike do you have any questions just uh when you said no other changes for now are you contemplating some future changes or forther changes that may come up um yeah no we're not this is they they have a tenant so we're not anticipating any additional changes it was really to accommodate the uh tenant that we received it was on spec before where where did the additional spaces go where where did you get them uh okay feel like I'm going to sing or something press it yeah okay you going to run out of cord there yeah that's okay that's so really prob the best thing to do is grab printer pointer so as you can see the none of this changed none of this changed over here the whole perimeter is in uh this area hasn't changed this area has not changed it's it's really the the difference here and um and here we're able to increase this Bay by removing this bump out for the patio in this location we had a drive-thru here and um in this location so we're able to extend this parking field internally so instead of them here we're coming across as we remove this cut through where is a 24t wide drive lane and uh we're able to increase this Bay here from the ones in this location so it it mostly in that location by removing that cut through we're able to extend this removing the patio we extended this so it's really right in here and and right in here and then we we removed this uh this this is a dash line there was a canopy here that they could drive underneath and drop people off but now this is now the patio in this location in the green space so that would have been where people drove up and you drop someone off correct correct not that's not there anymore correct they can they can still drop off here we were able to put it on the end of the building on the side of the building versus the end of the building so there was some green space in this location so we're able to put that cut through in that location there yeah this must have went to planning huh yes we're going to uh receive an administrative approval we've been in talks with the engineering department as well as the planning department and they feel that they can approve it administratively but um any changes on notice of intent should come back to the board and get the amendment thank you I have nothing further okay thank you Jonathan any questions I have a question uh with respect to the um Wetland replication area um so I don't know if this is a question for Andrew um I I assume the the general contractor has a subcontractor doing the replication and inv species removal and treatment work or yeah I in um want to comment on the question was um the contract of having a a subc consultant on the Wetland replication area yep I can jump in there um we have two separate on the project um because the invasive species work that's going on needs to be done by a licensed um perpat applicator that was part of the plan step that we had submitted so um we retained a company called ecological Land Management is somebody we work with frequently um for this he's a licensed herbicide applicator so he's doing all the treatments themselves and then goddard's on site monitoring all the work that's done and then same with the Wetland replication area we're on site as a subcontractor doing the work but we're on site with them inspecting the grades checking for hydric soils um we inspected all the plantings um during installation and prior to make sure that everything was matching up the approved plans so we are on site for um both the treatment of the invasives as well as all the Wetland replication work and even conducted a a post inspection on the 22nd of November once it was all wrapped up so to answer an earlier question about the Wetland replication area it's completely graded inspected by Goddard it's been planted and it's now entering winter dormy with the monitoring scheduled for the spring of 2025 so everything's gone according to the plans okay and then remind me what what sort of monitoring period did we stipulate in there is there 1 2 3 years you guys guys have two years um spring and fall inspections and then reports to you after both so we'll be starting in the spring of 25 expected to end in the fall of 26 okay thank you did we have a bond no problem on that yes I'll set Jonathan yeah I'll set no question no questions um just one quick followup and I remember there was a pool there that wasn't in use with the previous hotel is the right of Danny's when you drove in there used to be a pool there yeah that's been removed so no new pools being installed was that removed or filled in probably yes it was filled in yep and removed where abouts is that on the the map um right in this area right right behind the Mobile station so the Mobile station is right in here mhm and was right right over here also a boat next to it too there was what there was also a boat there was a boat in the pool the boat was bigger than the pool so I don't think I don't think it was for the pool but all right so now that the pool is part of the the paved area now so it's not any Wetlands implication correct correct yeah it was it was frag mighties all over it so there was a lot of invasive species that has been removed and all that's been done the um invasives have all been removed is there any other uh public comment none um okay so this is pretty much just to amend the order of conditions right so this is pretty straightforward so is this public hearing I'm sorry is this a public hearing yes we have to move so right I'm thinking out loud here all right so if someone can make a motion to uh close the public hearing before we vote on this go ahead all right I'll move to close the uh public hearing for 152 andot Street De P file number 14-1 1402 in connection with their amend their Amendment request is there a second I'll second the motion all in favor I I okay now we need to vote on uh amending the order of conditions right I'll make a motion that um we issue an order of conditions uh in connection with the amendment request uh presented uh by by the applicant jbm Damas llc at 152 endicot Street uh doesn't appear to be any special conditions with that nope all the conditions from before would still apply it's pretty straightforward uh that the U the uh order of conditions be uh reflect what the applicant has uh actually um display today the the plan that the building is being increased approximately 12250 50 ft is that square fet is that right yes yeah and uh some 15 parking spaces are added but not our jurisdiction the key thing here that uh there's been no further encroachment uh in the uh the 35 of the 50 right correct that's the motion all right and these is there a second a second and before we vote these are now the plans you'll compare to when they come for certificate of compliance B would remain the remain all that Still Remains yeah okay I in favor of this motion pleas say I did we get did we get a second on that yeah sorry it was quick you you okay good all right great thank you very much you're welcome good luck when's your expected completion on this project um Fidelity to turn over they're doing the here now so that they're going to open in the spring and u the hotel will start March yes so Fidelity's going in there yeah they were on the corner of svin and andart yeah okay and moving on to old and new business uh minutes for from November 14th 2024 everyone had a chance to review those minutes there wasn't a whole lot there there wasn't much there uh that's it we all set any questions any issues no okay if someone can make a motion we can accept those I'll make a motion to accept the minutes from November 14 2024 I'll second the motion all in favor I I okay uh is there anything else Emily um Mr Garis yes what would you what um I've made the tough decision to cycle back and become an alternate um from the board um oh really why uh quite frankly I just I feel like I don't have enough free time to Faithfully fulfill the duties um I I find myself not being able to keep up with uh the amount of hours that are required but you'll still be here as an alternate I don't want to completely just turn my back I mean i' I'd like to stay attached in some capacity I just I don't feel like I have the you know I've already I feel like I only have like a 50% attendance rate at this point well who would do we have someone in the wings um that is exactly why we're bringing this up tonight um if you are aware of anyone we're doing some research on our end too um and of course this open to the public if anyone is interested they can either reach out to me at the office or we have a form online that um that people can fill out similar to exactly what you all filled out when you joined L to continue on as far as we know I'm sorry Mary's likely to as far as I haven't heard otherwise so as far as I know she's missed a couple um yeah I believe she had a a work commitment tonight but um but yeah she's planning on continuing as a full so how does the alternate uh get triggered in um if to make a quorum to make a quum yes yeah yeah so so yeah how does that work so if if you don't have a quorum you would reach out to me and see if I can make it yeah and you'll still be on all the emails all the notifications invited to all the site visits everything just less of a pressure to can the alternate attend meetings and ask questions yes but if there's only one member missing the alternate doesn't then any wouldn't be voting only to make is that is that the same across all Town boards that I would have to double check on I can chat with uh Brian and Josh tomorrow could you please of course I mean I way thinking uh to my way of thinking you know if we have an alternate and we we only have like tonight we have four members present and we have a five member board why can't that alternate vote as the fifth member right yeah I'll get clarification on all that I don't want to say the wrong thing right now so I will get that all out in the past I I get the impression that it was that was like a Conservation Commission rule okay and I'd just like to see it consistent through all the others like I'm not sure what you're saying I'd like to say say say tonight we have four members yeah and if we have an alternate that could be here and could vote as the fifth member if there's five members here then the alternate can't vote but why why would we why would we care because you need well one thing remember we had the thing with the airport and there's only three members here and there's there was a question of there's some oh yeah that for that there only remembers that that board that that vote is kind of questionable yeah it had to do with Mary status though um with the amount of meetings that had been missed particular to that project that was a very unique set of circumstances there yeah but I'll get clarification on everything get that sent out to all of you okay in the meantime let's get a new member yes I was just going to address bill cuz he comes every to every meeting he has good attendance all right all right okay what's he uh there's no greater service than to be a volunteer especially without compensation so true uh your town meeting yeah okay anything else Emily um next meeting is January 9th we don't have we have two COC applications for that so far the cuto off date isn't until the 23rd of this month so there may be a couple more things rolling in between now and then um but I'll keep you guys a loop there's nothing pressing no one wants anything decided over the holidays no one wants a decision on December 26th all right I thought we had a no one has reached out to me about that be I see you when you're yach I'll stop yeah absolutely at me someone can make a make a motion to adjourn I can't I'll make a motion to ajour there a second I'll second that all in favor all all Merry Christmas every chrm well thanks for your your your time e