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2-19-2020 Con Com Minutes - FINALBeverly Conservation Commission February 19, 2020 Meeting Minutes Page 1 of 6 CITY OF BEVERLY PUBLIC MEETING MINUTES BOARD OR COMMISSION: Beverly Conservation Commission SUBCOMMITTEE: DATE: February 19, 2020 LOCATION: City of Beverly, Council Chamber 3rd Floor MEMBERS PRESENT: Chair Chris Bertoni, Vice Chair Robert Buchsbaum, Stephanie Herbster, Bill Squibb MEMBERS ABSENT: Rick Grandoni, David Dines STAFF PRESENT: Jenna Pirrotta, Environmental Planner OTHERS PRESENT: RECORDER: Sarah Scott - Nelson Bertoni calls the meeting to order at 7:02 p.m. in the 3rd Floor Council Chamber in City Hall. APPROVAL OF MINUTES May 1, 2019 The Commission reviews the draft minutes and offers edits. The May 1, 2019 minutes will be tabled for clarification per the recording and re- reviewed at a future meeting. January 7, 2020 The Commission reviews the draft minutes and offers edits. Buchsbaum moves to approve the January 7, 2020 minutes as amended. Seconded by Squibb. The motion carries 4 -0. January 28, 2020 The Commission reviews the draft minutes and offers edits. Herbster moves to approve January 28, 2020 minutes as amended. Seconded by Squibb. The motion carries 4 -0. RECESS FOR PUBLIC HEARINGS Squibb moves to recess for public hearings. Seconded by Buchsbaum. The motion carries 4 -0. NOTICES OF INTENT / ABBREVIATED NOTICES OF INTENT / REQUESTS FOR AMENDED ORDERS OF CONDITIONS Cont: 451 & 453 -455 Essex Street, DEP #5 -1287 - Jeff Fazio, Fazio Enterprises, Inc. The Commission previously continued to the March 31, 2020 meeting, by request of the appli- cant. Cont: 14 -16 Harwood Street, DEP #5 -1289 — Marius Bego Bob Griffin of Griffin Engineering, representing the applicant, explains the plans to demolish the garage, build an addition on an existing house, construct a new house on the adjacent lot, and both lots Beverly Conservation Commission February 19, 2020 Meeting Minutes Page 2 of 6 will have new associated appurtenances. Griffin reports the changes to the driveway and additional landscaping as requested by the Commission. Buchsbaum asks about the possibility of invasive spe- cies control. Griffin states that invasive plants will be removed in the mitigation area but will not be undertaken in the wooded area behind the house. Buchsbaum suggests removing some of the English ivy which has grown up into the trees, to minimize their future decline. In response to Squibb's ques- tion, Griffin clarifies that all the existing blacktop will be removed and that about five trees are marked to be removed for safety reasons. Griffin also clarifies that the applicant plans to remove existing de- bris from the property. Marius Beqo, property owner adds that the basement has always been dry, stating that there has been some mold issues, but never standing water inside. Buchsbaum moves to close the hearing. Seconded by Herbster. The motion carries 4 -0. New: 167 West Street, DEP File #5 -1290 - Marc & Heather Hazel Pirrotta reads the legal notice. Bob Griffin, representing the applicant, explains the proposal to demolish and reconstruct a single - family house with associated appurtenances. Griffin points out the perennial stream, the Bordering Vegetated Wetland area, the flood zones, the mean high wa- terline, coastline, and seawall on the property. Griffin reports that the house is 80 years old and all construction predates the Rivers Protection Act and the 50 -Foot No -Build Zone requirements of the Beverly Wetlands Ordinance, except for the pool which was installed in 2001. Griffin states the applicant's intentions to improve the storm resilience of the house by raising the eleva- tion of the site and adding a retaining wall. The replaced driveway will also be gravel to reduce stormwater runoff, over the existing paved driveway. Small BBQ and garden areas will also be added to the site. The terrace will be enlarged slightly; a fence will be added to protect the pool area; and the stairs to the beach will also be rebuilt. Griffin points out the planned and existing shrubs and cedars, as well as the reduction of lawn area. Buchsbaum asks about the delineation of the wetlands on both sides of the property and the des- ignation of salt marsh versus Bordering Vegetated Wetland. Griffin suggests that it might have to do with past disturbance due to elevation, but will ask the landscape architect about specific plant species present in both wetland areas. Bertoni asks about flood areas. Griffin replies that severe flooding will only occur in a coastal storm as water comes in from the ocean side and not from upstream. Bertoni asks about why the building is proposed within the 25 -Foot No- Disturbance Zone. Griffin states that this is necessary as part of the grading in order to get the garage to the increased elevation. Griffin also describes the plans for mitigation plantings to occur in that area as well. Bertoni asks Griffin to detail the amount of disturbance for the grading. Griffin agrees to provide further details on the grading to the Commission. The Commission schedules a site visit for Sunday, March 1, 2020 at 9 a.m. Squibb moves to continue the hearing to the March 10, 2020 meeting. Seconded by Herbster. The motion carries 4 -0. RECONVENE REGULAR MEETING Buchsbaum moves to reconvene to the regular meeting. Seconded by Herbster. The motion car- ries 4 -0. Beverly Conservation Commission February 19, 2020 Meeting Minutes Page 3 of 6 OLD/NEW /OTHER BUSINESS REQUESTS FOR DETERMINATION OF APPLICABILITY Cont: 10 Tall Tree Drive — Kathleen Martens Pirrotta reports that Martens has submitted a revised request for the after - the -fact deck, patio, shed, and landscaping, and proposed tree removal. Bertoni and Buchsbaum confirm that nothing was supposed to be built within the 25 -Foot No- Disturbance Zone. Bertoni states that the Com- mission is working towards allowing Martens to keep a portion of the deck connected to the stairs from the top deck and the spa and pool area underneath. The DEP Superseding Order of Conditions prohibits further construction on the property. The Commission discusses the need to verify the measurements for the amount of deck that needs to remain in order support the stair- case. Buchsbaum moves to continue to the March 10, 2020 meeting. Seconded by Herbster. The mo- tion carries 4 -0. New: 102 Hart Street — Rachel DiFazio Pirrotta reads the legal notice. Rachel DiFazio explains the proposed tree removal, landscaping, and after -the -fact stream crossing. DiFazio explains the advice she received from an arborist to remove 8 trees due to their proximity to the house. DiFazio states that the closest tree is 68 feet from the stream. The Commission discusses the wooden bridge, which was built before the ap- plicant purchased the property, and the proposed mitigation plantings. Carolyn, abutter to the property on the opposite side of the stream, commented that the bridge was put in as a safety concern so that the neighbors and children can cross over the brook. Ber- toni suggests adding handrails to the bridge. The applicant notes that the brook dries up for 3 -4 months per year, so it should likely be deemed as an intermittent stream. Bertoni advises hiring a wetland scientist to evaluate the designation of the stream in the future. DiFazio clarifies that the mowed lawn area exists only within the fenced area, which is at least 10 feet from the brook. Bertoni states that the tree stumps can be ground up, but will need to be moved off site. The Commission agrees that hand rails can be added to the bridge and that the state of the bank around the bridge needs to be monitored for future stability issues. Herbster moves to issue a Negative 2 and a Negative 3 determination with conditions as dis- cussed. Seconded by Buchsbaum. The motion carries 4 -0. REQUESTS FOR CERTIFICATES OF COMPLIANCE Cont: 35 Standley Street, DEP #5 -704 - Warin2 School Beverly Conservation Commission February 19, 2020 Meeting Minutes Page 4 of 6 At the request of the applicant, this agenda item was previously continued to the April 28, 2020 meeting. Cont: 16 Fosters Point, DEP #5 -819 — Lux Realty North Shore, Henry Pizzo Pirrotta reports that the applicant requests to withdraw the request for a Certificate of Compli- ance due to the extended monitoring requirements for the planted areas. No action needed. Cont: 9 Kinsman Street, DEP #5 -1222 — MPM Companies, LLC This agenda item was previously continued to the June 30, 2020 meeting, by request of the appli- cant. ENFORCEMENT ORDERS Cont: 10 Tall Tree Drive — Kathleen Martens The Commission discusses submitting an updated Enforcement Order to Martens, which will re- quire removal of the gravel patio and submittal of a restoration plan from a wetlands scientist. Buchsbaum moves to issue an updated Enforcement Order, as discussed. Seconded by Herbster. The motion carries 4 -0. Cont: 82 River Street — Chris Moynihan Chris Moynihan, representing the property owner, reports that the silt fence and silt sack are in- stalled at the site. Bertoni suggests adding a date certain to the Enforcement Order that the NOI be submitted for the March 31, 2020 meeting, after which time the applicant may be fined if the plan is not submitted. Herbster moves to update the Enforcement Order with the date certain as discussed. Seconded by Bertoni. The motion carries 4 -0. Cont: 7R Netherton Avenue — John Celesk Bob Griffin, representing the applicant, states that the site plan and the restoration plan are not quite complete but will be submitted by the March 10, 2020 meeting. New: 2 Farms Lane — Emily & Josh Pinstein Josh Pinstein describes leveling which occurred at the property in order to reduce the steep slope in the rear yard and the plans for a new deck which will be uncovered with crushed stone beneath and a patio with firepit. Pinstein confirms that no additional fill will be brought in other than the crushed stone for below the new deck. The Commission discussed whether it would be better for the applicant to submit an RDA or NOI for this project. Buchsbaum and Bertoni suggest that a NOI is the best route for this project, as the work is located within the 200 -Foot Riverfront Area. The Commission discusses amending the Enforcement Order to include submitting an NOI for the project by April 13, 2020 and that erosion controls be installed by February 27, 2020 per the original Enforcement Order. Beverly Conservation Commission February 19, 2020 Meeting Minutes Page 5 of 6 Buchsbaum moves to issue the updated the Enforcement Order with the conditions as discussed. Seconded by Squibb. The motion carries 4 -0. VIOLATION NOTICES Cont: 112 Valley Street — after - the -fact retaining wall, bridte, & shed The Commission discusses the work observed on -site in relation to wetland resource areas. Ber- toni asks if both of the existing bridges are necessary, instead of just one. Jeff Roy, the applicant, states that one is a footbridge and the other is for the mower. Bertoni asks Roy to cease mowing all the way to the edge of the stream, move the shed out of the 25 -Foot No- Disturb zone. Becky Roy clarifies that there was always one bridge on the property, as she has lived near the property for 60 years. Becky Roy and Jeff Roy confirm that originally there were three bridges. Sheila Swales, abutter at 7 Hemlock Street, reports that the larger, second bridge was built within the last 13 years. Becky Roy contests Swales' assertion stating that she used that bridge when she was child. Jeff Roy states that he is willing to remove the smaller bridge. Bertoni requests that the Roys submit an RDA for the relocation of the shed, the after - the -fact construction of the re- taining wall, and the removal of the smaller bridge by March 17, 2020, to be reviewed at the March 31, 2020 meeting. New: 7 Hemlock Street Eric Swanzey, owner of 7 Hemlock Street, discusses the stones in the brook out of which shrubs are growing. Swanzey goes through a handout for the Commission about what has been going on at the neighboring property at 112 Valley Street over the years. Swanzey expresses concern about leaks from a vehicle, the presence of vehicles in the No- Disturbance Zone, and the bridge providing too much access to dogs which have muzzle restrictions on them and their negative impact on wildlife. Bertoni states that she cannot see how any of the existing bridges at 112 Val- ley Street are affecting the water flow in the brook. At the moment there is nothing which can be resolved, the Commission will take this information under advisement in the future. Bertoni states that the Commission is grateful for the photographic documentation. Mike Habich, 98 Valley Street, brings up the increase in the water levels, reminding the Com- mission that the blockage seems to be located within the 7 Hemlock property. Habich states that the blockage has flooded several neighboring properties this year, as the water level is higher than it has been in the last seven years, which is endangering some of the vegetation and wildlife habitat on their property. Bertoni states that water levels are high throughout the north shore area and that one point on the stream should not be the sole focus of potential water level increases on neighboring properties. Bertoni calls the discussion to a close because it is getting late, but thanks everyone for the con- tributions of information this evening, the Commission will take everything under advisement. Beverly Conservation Commission February 19, 2020 Meeting Minutes Page 6 of 6 TREE REMOVAL Cont: 10 Tall Tree Drive — Kathleen Martens Martens reports that she is still waiting on a price quote from the arborist. Bertoni states that Martens just needs to get on the same page as Mayer Tree on what is being removed before pro- ceeding and before the Commission can issue the approval. Squibb moves to issue a tree permit removal pending verification of which trees will be removed, with the condition that trees be cut flush and the debris removed offsite. Seconded by Buchsbaum. The motion carries 4 -0. EXPENDITURE APPROVALS Herbster moves to approve payment to Pirrotta in the amount of $60.16, for mileage incurred for the month of January 2020. Seconded by Squibb. The motion carries 4 -0. OTHER... ORDERS OF CONDITIONS Cont: 14 -16 Harwood Street, DEP #5 -1289 — Marius Bego The Commission discusses the conditions for the project, including leaving the stream side vege- tation untouched, and perpetual condition that if they want to move the pavers, that an RDA or NOI is required for future as well as present owners, etc. Herbster moves to issue the Order of Conditions as discussed. Seconded by Buchsbaum. The motion carries 4 -0. ADJOURNMENT Squibb moves to adjourn the meeting at 11:00 p.m. Seconded by Herbster. The motion carries 4- 0. The next regular meeting of the Conservation Commission is Tuesday, March 10, 2020 at Beverly City Hall, 3rd Floor Council Chamber.