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01-07-2020 Con Com Minutes - FINALConservation Commission January 7, 2020 Meeting Minutes Page 1 of 9 CITY OF BEVERLY PUBLIC MEETING MINUTES BOARD OR COMMISSION: Conservation Commission SUBCOMMITTEE: DATE: January 7, 2020 LOCATION: City of Beverly, Council Chamber 3rd Floor MEMBERS PRESENT: Chair Christine Bertoni, Vice Chair Robert Buchsbaum Stephanie Herbster, Bill Squibb, Rick Grandoni MEMBERS ABSENT: David Dines STAFF PRESENT: Jenna Pirrotta, Environmental Planner OTHERS PRESENT: RECORDER: Sharlyne Woodbury Bertoni calls the meeting to order at 7:03 p.m. in the 3rd Floor Council Chamber in City Hall. APPROVAL OF MINUTES May 29, 2019 The Commission reviews the draft minutes and offers edits. Buchsbaum moves to approve the May 29, 2019 minutes as amended. Seconded by Herbster. The motion carries 5 -0. August 27, 2019 The Commission reviews the draft minutes and offers edits. Buchsbaum moves to approve the August 27, 2019 minutes as amended. Seconded by Herbster. The motion carries 5 -0. December 10. 2019 The Commission reviews the draft minutes and offers edits. Buchsbaum moves to approve the December 10, 2019 minutes as amended. Seconded by Herbster. The motion carries 5 -0. RECESS FOR PUBLIC HEARINGS Squibb moves to recess for public hearings. Seconded by Herbster. The motion carries 5 -0. Notices of Intent /Abbreviated Notices of Intent/Reguests for Amended Order of Conditions Cont: 435, 451 & 455 Essex Street, DEP 45 -1287 — review and affirm delineated wetlands on site — Jeff Fazio, Fazio Enterprises, Inc. Robert Griffin of Griffin Engineering, representing the applicant, describes the wetland condi- tions, including the conditions for intermittent versus perennial streams. The applicant would like to proceed with confirmation of the delineation on -site. Griffin informs the Commission of when dry conditions were observed: there were four days observed in September and August 2019 as well as an additional six days with no flow. Per the regulations, there must be a minimum of four days of dry conditions observed in any twelve month period, not in a drought period, to be con- sidered an intermittent stream, and their observations exceeded the requirements. Conservation Commission January 7, 2020 Meeting Minutes Page 2 of 9 Bertoni clarifies that only one Commissioner attended the scheduled site walk and that she found the site difficult to confirm the wetland flagging due to past site disturbance. Bertoni requests an- other site walk with additional Commissioners in attendance to review the resource area line. Bertoni expresses concern for braiding of the streams and lack of topographic distinction. Griffin informs the Commission the property is not included on the 100 year flood map. He fur- ther believes another site walk will delay the approval of the delineation; however, the Commis- sion reiterated that the time of year the delineation occurred it outside of the April 14- October 1 time period required for delineations in the Beverly Ordinance. Several Commissioners are not comfortable conducting a site review this time of year, preferring the site walk take place in late April /early May. Griffin describes the intermittent nature of the two streams on -site, including the watershed size, which reaffirms the streams as intermittent versus perennial. Bertoni reiterates another site walk is helpful. Bertoni would like to better understand the science presented and is concerned about turning a perennial stream into an intermittent stream. Grandoni and Buchsbaum both agree an- other site visit in the spring is preferential. Commission members have more questions pertaining to the delineation and require additional information beyond what is presented. Bertoni feels un- asked questions are better left to site visit. Members review and discuss a map of the property. Squibb inquires where the creek originates from. The conversation circles around the watersheds and points of intermittent flow. Griffin clarified they made no effort to determine perennial or intermittent points down stream and off -site of the subject property. Bertoni suggests a site visit to be held on April 18, 2020 and Griffin requests that the Commission discuss this agenda item at the meeting just prior to that date. Herbster moves to continue the hearing to the March 31, 2020 meeting. Seconded by Squibb. The motion carries 5 -0. New: 71 Shortell Avenue, DEP 45 -1288 — Demolition and construction of a new house with as- sociated appurtenances — Michael Hubbard Pirrotta reads the legal notice. Bob Griffin of Griffin Engineering, representing the applicant dis- cusses the proposed work on the 7,300 square foot property in detail. The applicant is seeking to demolish an existing home and create a single family residence off of Ryan Place, and remove access to the house from Shortell Avenue. There is a strip of land on the south part of the parcel that falls within the 200 -Foot Riverfront Area. Griffin explains the house is located on a signifi- cant slope and is in an unsalvageable condition. A retaining wall is proposed to prevent flooding and create a level yard within the property. A new water line from Shortell Avenue will be added, if the existing line cannot be reused. Griffin further details the retaining wall materials, construction of a deck, and pervious pavers proposed for the rear patio. Griffin claims there are no endangered species on the property and that storm water management will be improved as a result of the work. Commissioners pose several questions for Griffin inquiring what is located downhill from the property, the connectivity between Ryan Place and Shortell Avenue, the stability of the wall, and Conservation Commission January 7, 2020 Meeting Minutes Page 3 of 9 potential effects on the surrounding residences. Griffin answers that Shortell Avenue will not connect to Ryan Place because of the steep the topographic change. Squibb requests the retaining wall dimensions. Herbster inquired about slopes of the retaining wall compared to the level of the house. Commission members further discuss the retaining wall dimensions and the amount of any "cut and fill ". Bertoni inquired whether there is proposed mitigation for the fill area. Griffin replies there will be less water running off to other areas due to the installation of stormwater in- filtration system. Members discuss any landscaping plans including the replacement of trees removed during con- struction. Herbster asked if there is an existing fence or if one will be added. Griffin noted they are in the preliminary stages with no landscaping plans. He also notes the retaining wall will be in a similar location to the neighbor's fence creating symmetrical boundaries. Buchsbaum rec- ommends a site visit with Bertoni in agreement. Bertoni asked if other alternatives besides fill in the proposed location were considered. Griffin replied that the Commission's jurisdiction on -site is within a limited area near the rear of the property, including only the back deck and the slope of the retaining wall. The discussion is opened to members of the public. Mr. Frank Coffa, 6 Ryan Place, expresses concern over the retaining wall, noting it is proposed right on the lot line. He is concerned about effects on his oak tree as it's of a substantial size and he would like to keep the tree from being cut down. Griffin responded the wall will be constructed a foot off the property line and the tree should remain as is. Mr. Coffa is also concerned about water runoff from the new driveway. It slopes toward his house. He asks Griffin to further review the run off potential. Bertoni asks for specifics on the amount of fill and materials as well as alternative suggestions. Bertoni proposes a site visit for Saturday, January 11, 2020 at 8 am. Buchsbaum moves to continue to the next meeting with the condition of a site visit schedule Jan- uary 11, 2020 at 8:00 am. Seconded by Squibb. The motion carries 5 -0. RECONVENE REGULAR MEETING Herbster moves to reconvene the regular meeting. Seconded by Grandoni. The motion carries 5- 0. REQUEST FOR CERTIFICATE COMPLIANCES Cont: 400 Hale Street, DEP 95 -1070 — replace existing athletic fields with synthetic fields and associated improvements — Endicott College At the request of the applicant, this agenda item was previously continued to the January 28, 2020 meeting. Cont: 35 Standley Street, DEP 95 -704 — improve driveway and student drop- off /pick -up areas, add parking lot, relocate tennis court — Waring School Conservation Commission January 7, 2020 Meeting Minutes Page 4 of 9 At the request of the applicant, due to illness of the consultant, Herbster moves to continue this agenda item to the January 28, 2020 meeting. Seconded by Buchsbaum. The motion carries 5 -0. Cont: 16 Fosters Point, DEP 45 -819 — maintain existing dock and add gangway and floats — Lux Realty North Shore, Henry Pizzo At the request of the applicant, due to illness of the consultant, Herbster moves to continue to the January 28, 2020 meeting. Seconded by Squibb. The motion carries 5 -0. Cont: 9 Kinsman Street, DEP #5 -1222 — construct a single- family residence with associated driveway, utilities, and landscaping — MPM Companies, LLC (continued to 6130120) At the request of the applicant, this agenda item was previously continued to the June 30, 2020 meeting. New: 27 Riverview Street, DEP 45 -1246 — seawall replacement — Michael Settles David Smith of GZA representing the applicant, discusses the project to rebuild an existing sea- wall. Smith describes the project timeline and minor changes during construction. The most no- table change was the height of the seawall. Smith informs the Commission a site visit was held with Pirrotta, as required, and he respectfully requests a Certificate of Compliance. Pirrotta displays photos of the wall, demonstrating compliance with the special conditions. Com- missioners briefly discuss the project and the minor construction changes. Commissioners in- quire about debris removal. Squibb particularly asks about the engine block and asphalt removal. Bertoni also reiterates the special condition including that all foreign materials, timbers, eroded soil, etc., were to be fully removed from the site. Mr. Smith affirmed they are in full compliance and all debris materials were removed from the site. Smith reminds the Commission that an up- dated plan showing the secondary bank was submitted before construction, as required. There being no further questions from the Commission, Buchsbaum moves to issue certificate of compliance. Seconded by Squibb. The motion carries 5 -0. OLD /NEW /OTHER BUSINESS REQUEST FOR EXTENSION TO ORDER OF CONDITIONS New: 12 -16 Congress Street, DEP # 5 -947 Tom Alexander, of Alexander & Femino representing the applicant, is seeking a one year exten- sion under the local Ordinance until February 3, 2022. This is a significant project housed in two buildings. Alexander discusses the varied stages of the project and their time lines. He includes environmental clean-up dates, landscaping and paving footprints, demolition goals, construction phases, excavation and seawall production. Alexander estimates the occupancy schedule to be December 2020. He anticipates both buildings A and B will be ready for residency at that time. Conservation Commission January 7, 2020 Meeting Minutes Page 5 of 9 Squibb moves to issue a one year extension under the local ordinance. Grandoni seconded. The motion carries 5 -0. New: 105 Sam Fonzo Drive, DEP 95 -1218 Mrs. Ford, the applicant, is seeking a one year extension for the project. Ford expresses to the Commission the project ambiguity as the owners are not sure what to do with the property. Therefore no construction on the building has been done. She notes they have completed some work including the installation of the utilities. Buchsbaum seeks clarification for an extension request when there is no construction. Pirrotta explained the Commission is able to issue an extension for one year at a time, with a maximum of two extensions. Bertoni explains the difference between local and state ordinance requests. The Commission ensures Ford understands if there are changes to the plan, they must return and file a modification request, request an Amended Order of Conditions, or file a new Notice of In- tent for the work. Herbster moves to issue a one year extension under the Act and Ordinance. Buchsbaum seconded. The motion carries 5 -0. ENFORCEMENT ORDERS Cont: 50 Dunham Road Attorney Miranda Gooding returns with Steve Drohovsky, Manager of Cummings Properties and hands out correspondence from after the site visit held with Pirrotta. Gooding summarizes the correspondence in regards to compliance with the EO and the removal of the unauthorized fill. The removed fill is stored at 44 Dunham Ridge, outside of Commission jurisdiction. The letter documents off site fill storage location and quantifies the truck loads of fill that were removed. She further explains the plastic bags encapsulating the fill material were removed by hand and disposed of offsite by rubbish contractors. The disturbed area was covered with loam material and jute mesh. The current winter weather conditions prevent reseeding. Bertoni inquired with Pirrotta whether anything was out of compliance with the EO requirements. Pirrotta affirms no. Bertoni reiterates the need to reseed the area when weather conditions are appropriate and per- mitting. Pirrotta will send a letter indicating compliance with the EO. Cont: 10 Tall Tree Drive Pirrotta describes a recent report of work occurring in close proximity to wetlands resources, in- cluding construction of deck. Per a DEP Superseding Order of Conditions, further construction is prohibited on this property in perpetuity. On 12/21/2019 Pirrotta and Bertoni performed a site visit and discussed with the owner how to bring the site into compliance including filing an after - the -fact RDA. The applicant hands in RDA application materials at the meeting. Bertoni sug- gests the RDA be discussed at the next meeting on January 28, 2020. The applicant explained to the Commission everything included in her request to cover all issues regardless of the funding to complete all projects. The applicant particularly notes the excessive vegetation on her property calling attention to the poison ivy and bittersweet vines. The excess Conservation Commission January 7, 2020 Meeting Minutes Page 6 of 9 vegetation aggravates her allergies. She seeks advice from the Commission for four fallen trees on her property and asks for the use of a wood chipper. Her neighbor at 8 Tall Tree Drive speaks on her behalf to describe the fallen trees and their potential impact on his property as well. Ber- toni proposes a site visit for Saturday, January 11, 2020 at 9 am. Herbster moved to continue this item to the January 28, 2020 meeting. Seconded by Buchsbaum. The motion carries 5 -0. New: 82 River Street Pirrotta issued a cease and desist letter to Chris Moynihan of Moynihan Lumber after receiving notification of work occurring without a permit and conducting a site inspection. Moynihan im- mediately ceased work on the project and was not aware of the need for a permit prior to per- forming the project. He is eager to rectify the situation and work with the Commission on a solu- tion. Moynihan describes the materials used for the work which included excavation and vegeta- tion removal along the river and proposal to place masonry blocks at the edge of the pavement. The intent is to expand the paved area and keep the area clean of trash and debris. This is not meant to function as a retaining wall, nor does he intend to build one. The Commission discusses specifics of the proposed project. Buchsbaum inquired where the de- bris originates from. Bertoni sought clarification that the area is already paved. Moynihan de- scribed what materials were removed, what he paved, and what was existing in the area. Bertoni explains that the property is within a state protected resource area and that removing the berm is in violation of the Wetlands Protection Act and Beverly Wetlands Ordinance. She suggested Moynihan hire a wetlands consultant. Bertoni and Buchsbaum inquire if the area is stable and discuss the runoff into the river, protective measures, and erosion controls. Bertoni suggests a site visit for Saturday, January 11, 2020. She asks Pirrotta if there is any back- ground information attached to the property deed. Buchsbaum moves to continue the discussion to the January 28, 2020 meeting. Seconded by Grandoni. The motion carries 5 -0. Buchsbaum moves to issue the ratified enforcement order as discussed. Seconded by Grandoni. The motion carries 5 -0. TREE REMOVAL REQUESTS New: 50 Hillcrest Avenue Pirrotta describes the applicant's tree removal request and provides photos to the Commission demonstrating where on the property the subject Eastern cottonwood tree is located. A clump of trees had previously fallen a couple months ago and damaged the applicant's fence. Bertoni ex- presses preference to having debris from the previously fallen tree removed as well. Buchsbaum moves to approve the tree removal request with conditions as discussed. Seconded by Squibb. The motion carries 5 -0. Conservation Commission January 7, 2020 Meeting Minutes Page 7 of 9 New: 17 Riverview Street Pirrotta discusses the proposed removal of a black cherry tree on the bank of the Bass River. The tree is in a compromised state as it is diseased and the roots are undermined. The commission ap- preciates the work currently done to allow the stump to regrow and continue to stabilize the bank. Buchsbaum moves to approve the tree removal request with conditions as discussed. Se- conded by Squibb. The motion carries 5 -0. MINOR PROJECT PERMITS The Commission discusses the Minor Project Permit issued by Pirrotta for installation of a pro- pane generator at 11 Shannon Lane. Pirrotta notes conditions provided, including the installation of erosion controls and that the trench be immediately back filled. Cont: Beverly Airport — update on Airport Vegetation Management Program — Airport Solutions Group /Airport Manager Pirrotta explains that there a number of old and expired Orders of Conditions for work on the property. She suggests closing some of the old orders and starting new for vegetation manage- ment. Pirrotta notes this summer there is expected to be a new annual operating plan for vegeta- tion management as well as a filing with the Commission for the installation of the perimeter fence. Bertoni requests that Pirrotta create a list of Orders of Conditions on the property. EXPENDITURE APPROVALS Pirrotta submits her expense report in the amount of $11.34 for 25.2 miles in the month of De- cember 2019 for travel to carry out Conservation Commission duties. Squibb moves to approve the expenses. Herbster seconded. The motion carries 5 -0. OTHER COMMISSION BUSINESS Invasive Species The Commission discusses how best to maintain control of invasive species on lands managed by the Conservation Commission. Buchsbaum believes the City needs a comprehensive mainte- nance plan and sites Sally Milligan as an example. With a growing population the City should encourage and enforce the need to not only clean up trash but trim and maintain invasive species and overgrown brush. Members further discuss other examples of maintenance, community out- reach, resident/user initiatives, and project funding for invasive control. Master Plan Pirrotta provides the draft recommendations of the Master Plan for Commission review and com- ment. Members express concern over the lack of preservation of natural resources. Commission- ers suggest edits and recommend comments to include adding emphasis on solar panel installa- tion, charging stations for electric cars, green roofs, and climate change preparedness initiatives. Conservation Commission January 7, 2020 Meeting Minutes Page 8 of 9 Bertoni feels strongly about preserving the forests because they are natural filters and expresses concern over reductions in the size of natural woodlands. 112 Valley Street /7 Hemlock Street Neighbors express concerns with an intermittent stream being dammed and causing flooding to neighboring properties. Clausen and Pirrotta reviewed the property and observed some stones in the stream, but did not believe it qualifies as a dam. Pirrotta inquired with the Engineering De- partment, but did not find any other causes for flooding conditions. The individual responsible wanted to build a habitat for birds. Pirrotta was unsure whether any action was taken to remove the stone, but will follow up with the property owner. She does not currently believe the stones are a problem. That property owner has also issued a complaint on ongoing activities at the 112 Valley Street property including work in the No Disturbance Zone. Bertoni asks Pirrotta to send a letter to the owner suggesting they come in to discuss the work. 25 Linden Street A neighbor complained that tree was removed adjacent to the seawall. They said DEP instructed the tree not be removed. Pirrotta will send a letter regarding the potential work and need to con- sult the Commission. Lynch Park Tree removal was reported near the property border of Lynch Park near the exit drive. Bertoni observed several cut stumps in proximity to wetland resource areas and maintains that the DPW /Parks and Recreation Department must reach out to Pirrotta for such matter and request permission prior to tree removal in areas of Commission jurisdiction. 22 Hobart Ave There is a neighbor dispute regarding snow - blowing of a grassy area directly into the Bass River. The property is very close to the water. Pirrotta expresses uncertainty if there's any action within the purview of the commission to take. Bertoni inquires if the property owner can produce past permits that would provide permission for these activities, and directs Pirrotta to send a letter to the homeowner. 7 R Netheron Ave /17 Haves Avenue There is a new subdivision development underway at Sunnycrest Circle and the Planning Depart- ment received a report of encroachment on the designated open space parcel associated with the new subdivision property. Pirrotta informed the Commission that due to the potential open space parcel transfer from the developer to the City, the dispute would need to be resolved prior to the City taking ownership. It appears fill /excavation and tree removal may have occurred in close proximity to wetlands resources. Pirrotta will perform a site visit and report back with results. Conservation Commission January 7, 2020 Meeting Minutes Page 9 of 9 ORDERS OF CONDITIONS There were no Orders issued during this meeting. ADJOURNMENT Herbster moves to adjourn at 10:25 p.m. Seconded by Squibb. The motion carries 5 -0. The next regular meeting of the Conservation Commission is Tuesday, January 28, 2020 at Beverly City Hall, 3rd Floor Council Chamber.