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4_28_2020 CC Minutes - FINALBeverly Conservation Commission April 28, 2020 Meeting Minutes Page 1 of 7 CITY OF BEVERLY PUBLIC MEETING MINUTES BOARD OR COMMISSION: Conservation Commission SUBCOMMITTEE: DATE: April 28, 2020 LOCATION: Remotely held meeting through Google Hangouts Meet MEMBERS PRESENT: Chair Christine Bertoni, Vice Chair Robert Buchsbaum, David Dines, William Squibb MEMBERS ABSENT: Stephanie Herbster, Richard Grandoni STAFF PRESENT: Jenna Pirrotta OTHERS PRESENT: RECORDER: Sarah Scott - Nelson Betroni calls the meeting to order at 7:02 p.m. over Google Hangouts. ANNOUNCEMENTS Bertoni reads the opening statement detailing the suspension of Open Meeting Law and the al- lowance of this virtual meeting due to the Massachusetts Stay -At -Home order issued because of COVID -19. Bertoni also reads the meeting ground rules for an effective meeting and accurate minutes. APPROVAL OF MINUTES - January 10, 2019 July 30, 2019 The Commission reviews the draft minutes and offers edits. Dines moves to approve July 30, 2019 minutes as amended. Seconded by Squibb. The vote is 3 -1, with Buchsbaum abstaining as he was absent from the July 30, 2019 meeting and the minutes are tabled until the May 19, 2020 meeting. March 31, 2020 The Commission reviews the draft minutes. Dines moves to approve March 31, 2020 minutes as written. Seconded by Squibb. The motion carries 4 -0. RECESS FOR PUBLIC HEARINGS Dines moves to recess for public hearings. Seconded by Squibb. The motion carries 4 -0. Cont: 451 & 453 -455 Essex Street, DEP #5 -1287 — Jeff Fazio, Fazio Enterprises, Inc. Bob Griffin of Griffin Engineering, representing the applicant, states that the only thing needed tonight is to set a date for the site walk. The Commission schedules a site visit for 8:00 a.m. on Saturday, May 9, 2020. Dines moves to continue the hearing to the May 19, 2020 meeting. Se- conded by Buchsbaum. The motion carries 4 -0. Beverly Conservation Commission April 28, 2020 Meeting Minutes Page 2 of 7 Cont: 167 West Street, DEP #5 -1290 — Marc & Heather Hazel Pirrotta comments that by email, Bob Griffin on behalf the applicant requested to continue the hearing to the next meeting. Squibb moves to continue to the May 19, 2020 meeting. Seconded by Buchsbaum. The motion carries 4 -0. Cont: New England Power Company, DEP #5 -1294 — New England Power Company c/o Joshua Holden Lee Curtis of BSC Group, representing the applicant, reports that photographs have been pro- vided to the Commission since the last meeting and sediment sampling will be provided to the Commission as it becomes available. Bertoni opens up the discussion to members of the public. No members of the audience contributed any comments or questions. Buchsbaum moves to close the hearing. Seconded by Squibb. The motion carries 4 -0. New: 7 Juniper Valley Court, DEP # 5 -1295 — Alexander & Emily Kontos Pirrotta reads the legal notice. Evin Guvendiren of DeRosa Environmental, representing the ap- plicant, explains the plans for garage improvements, deck reconstruction, and hardscape and landscape improvements, including conservation monuments on existing boulders to indicate the No- Disturbance Zone. Buchsbaum asks Guvendiren to go over the chart in the plans which de- tails the pervious versus impervious surfaces. Dines asks about the scope of the disturbance. Ber- toni asks if there is intention to build a basement under the deck. Emily Kontos, the owner, clari- fies that there are no plans to build under the deck and states that the foundation work is only to repair an existing crack. Pirrotta reports that Deirdre O'Neil, abutter at 21 Hart Street, called yesterday to comment that all work should be done on the applicant's own property. Bertoni opens up the discussion to members of the public. No members of the audience contributed any comments. The Commis- sion schedules a site visit for Saturday, May 9, 2020 at 9:30 a.m. Buchsbaum moves to continue the hearing to the May 19, 2020 meeting. Seconded by Squibb. The motion carries 4 -0. RECONVENE REGULAR MEETING Squibb moves to reconvene the regular meeting. Seconded by Buchsbaum. The motion carries 4- 0. REQUESTS FOR DETERMINATION OF APPLICABILITY Cont: 50 Dunham Road — Dunham Ridge, LLC Damien Savoie of Cummings Properties, representing the applicant, reports that a more detailed bittersweet removal and management process was submitted, clarifying that removal will not take place within the resource area itself, but will take place within the No- Disturbance Zone. Buchsbaum asks if the applicator is planning to use a stem - painting method. Savoie comments that they will defer to the certified applicator for the best method, but are willing to take any of Beverly Conservation Commission April 28, 2020 Meeting Minutes Page 3 of 7 the Commission's requests into consideration. Bertoni states the recommended conditions. Squibb moves to issue a Negative 3 determination with the conditions as discussed. Seconded by Buchsbaum. The motion carries 4 -0. New: 4 Farms Lane — Robert Michaud Pirrotta reads the legal notice. Matt Canning, representing the applicant, explains the plans for the proposed patio surrounding the previously approved pool on the property. Bertoni states that the previously provided conditions will also apply to this work. Dines moves to issue a Negative 2 and 3 determination with the conditions as described. Seconded by Squibb. The motion carries 4 -0. New: 0 Standley Street - Community Gardens — City of Beverly Lisa Chandler of the City of Beverly Engineering Department states that the plans are to relocate the already existing community gardens in order to make room for the cemetery at the current location. Chandler comments that the applicant desires to keep parking within the site and cur- rently never sees more than ten cars at a time at the existing gardens site. Buchsbaum suggests encouraging people to plant pollinator - friendly plants in their garden plots as well, since the gar- den will be moved to conservation land. Pirrotta suggests some wildflower seeding next to the roadway rather than in individual garden plots. The plans for the water line and single faucet in- stallation is discussed. A November 1 to March 1 time frame is proposed for water being shut off for the garden. Bertoni clarifies that the compost pile should only be strictly for the gardeners' use and maintenance. Bertoni asks if the plans for the road construction are necessary and if less treatment would suffice. Chandler states that the applicant would be open to leaving the roadway as -is, if the Commission so desires and reevaluating after the first year of operation to see if there are any problems. Squibb moves to issue a Negative 2 and 3 determination with the conditions as described. Seconded by Buchsbaum. The motion carries 4 -0. New: 376 Hale Street — Endicott College Pirrotta reads the legal notice. Chris Broyles of Meridian Associates, representing the applicant, explains the project to renovate the existing library building entrance and realign the walkway at En- dicott College. This involves removing the cement skirt and walkway by the entrance and replacing it with brick. The project is within the 100 -Foot Buffer to inland bank, but outside of both the 25 -Foot No Disturbance Zone and 50 -Foot No Build Zone. Broyles clarifies that the brick will be more pervi- ous than the existing asphalt. Bertoni asks if the project will be done by hand and comments that she appreciates the choice of Pink Dogwood proposed to be planted. Broyles states that there is easy ac- cess for any needed equipment. Buchsbaum moves to issue a Negative 3 determination with the con- ditions as discussed. Seconded by Squibb. The motion carries 4 -0. REQUEST FOR CERTIFICATE COMPLIANCES Cont: 35 Standlev Street, DEP #5 -704 — Warin2 School Beverly Conservation Commission April 28, 2020 Meeting Minutes Page 4 of 7 Pirrotta states that the applicant asked to continue the hearing as they have completed the addi- tional work but are preparing an updated as -built plan. Buchsbaum moves to continue the request to the May 19, 2020 meeting. Seconded by Squibb. The motion carries 4 -0. Cont: 9 Kinsman Street, DEP #5 -1222 — MPM Companies, LLC The item has been previously continued to the June 30, 2020 meeting, by request of the appli- cant. Cont: 32 Dunham Road, DEP #5 -500 — Essex County Newspapers, Inc. Pirrotta states that the applicant asked to continue the hearing as the applicant works on some ad- ditional information regarding the perpetual conditions. Dines moves to continue the request to the May 19, 2020 meeting. Seconded by Buchsbaum. The motion carries 4 -0. New: 289 Hale Street, DEP #5 -994 — Endicott College Chris Broyles, representing the applicant, explains the request for the Certificate of Compliance for the salt marsh restoration work which was never completed. The Order of Conditions for the work has expired and the College does not wish to do any work at this time and would like to close out the open Order. Dines moves to issue an Invalid Certificate of Compliance for the work under DEP 95 -994. Seconded by Squibb. The motion carries 4 -0. OILD/NEW /OTHER BUSINESS REQUEST FOR MINOR MODIFICATION TO ORDER OF CONDITIONS New: 12 -14 Museum Road, DEP File #5 -1293 George Zambouras, representing the applicant, explains the need to replace the existing sump pump outlet pip and potential need to remove the pipe which currently extends 15 feet into the wetland. The Commission adds to its previously issued conditions that the pipe should be re- moved if possible, or be capped in place to prevent further discharge. Dines moves to approve the Minor Modification to the Order of Conditions as discussed. Seconded by Squibb. The mo- tion carries 4 -0. REQUEST FOR EXTENSION TO ORDER OF CONDITIONS New: Rear McKay Street, DEP File #5 -1179 Joseph Orzel of Lucas Environmental LLC, representing the applicant, explains the request to extend the Order of Conditions, which was issued in May of 2016, for an additional year to allow time for replanting of some of the initial failed plantings. This would be the second and final pos- sible extension. Dines moves to issue the extension of the Order of Conditions for one more year under the Wetlands Protection Act and Beverly Wetlands Ordinance. Seconded by Squibb. The motion carries 4 -0. Beverly Conservation Commission April 28, 2020 Meeting Minutes Page 5 of 7 New: 20 Hobart Avenue, DEP File #5 -1219 Emily Barnes, the owner, explains her request for a one year extension to the Order of Condi- tions. The reconstruction of the home is complete, but landscaping has not yet been completed. Dines moves to issue the one -year extension to the Order of Conditions under the state Act and local Ordinance. Seconded by Buchsbaum. The motion carries 4 -0. ENFORCEMENT ORDERS Cont: 10 Tall Tree Drive The item has been previously continued to the June 30, 2020 meeting, by request of the appli- cant. Cont: 82 River Street No one was in attendance representing this agenda item. The Commission decides to continue this item and send a reminder to the applicant. Cont: 112 Valley Street Pirrotta reports that the Commission received a letter with sketches for this project. Becky Roy, the property owner, reports that a plan has been provided and the applicant is requesting approval for the remaining bridge and the retaining wall. Squibb states that the Commission needs a better plan for the City's records. The applicant will discuss with Pirrotta how to best provide the needed documentation. Cont: 2 Farms Lane Josh Pinstein, resident at the subject property, requests the Commission's feedback on potential design as they continue to prepare the Notice of Intent as requested by the Commission. Bertoni states that it is difficult for the Commission to review without a full proposal in place. Bertoni issues a few words of guidance regarding the retaining wall_ The Commission also provides some ideas for mitigation and alternatives for the proposed patio. CONTINUATION OF VIOLATION NOTICES 7 Hemlock Street The Commission schedules a site visit for 10:00 a.m. on Saturday, May 9, 2020 since their previ- ous site visit was canceled due to inclement weather and social distancing concerns. TREE REMOVAL REQUESTS 17 Whirling Drive Beverly Conservation Commission April 28, 2020 Meeting Minutes Page 6 of 7 Pirrotta reports the request for the removal of one Norway maple tree with a split in the trunk. Pirrotta provided some potential conditions. Bertoni takes a vote to approve the tree removal re- quest with the conditions as discussed. The motion carries 4 -0. 8 Elm Top Lane Pirrotta reports on the request to remove two trees in a lightly wooded area between two land- scaped lawns. Squibb suggests that a replacement tree be planted as a condition, per the arbor - ist's recommendation, but decides to suggest rather than require it. Bertoni takes a vote on the tree removal request with the conditions as discussed. The motion carries 4 -0. MINOR PROJECT PERMITS 5 Pine Knoll Drive Pirrotta reports the issuance of Minor Project Permit for the construction of a deck close to the edge of the 100 -Foot Buffer. 1 Meadow Road Pirrotta reports the issuance for a Minor Project Permit for installation of some plantings which are located near the outer 100 -Foot Buffer. OTHER... The Commission discusses updating the approval process for tree removal requests to make the processes smoother for the Commission. Buchsbaum moves to change the tree removal request application to include that the application can be administratively approved by the Conservation Agent if the trees are greater than 50 feet away from the wetland. Seconded by Dines. The mo- tion carries 4 -0. The Commission discusses the use of electronic signatures during the State of Emergency. Dines moves to formally recognize MGL c.110G and adopt the use of electronic signatures which will carry the same weight and effect as hand- signed signatures, until the end of the Emergency Dec- laration. Seconded by Buchsbaum. The motion carries 4 -0. ORDERS OF CONDITIONS Cont: New England Power Company, DEP #5 -1294 — New England Power Company c/o Joshua Holden Bertoni reads the suggested conditions for the project and the Commission adds a few sugges- tions. Buchsbaum moves to issue an Order of Conditions to the various parcels for New England Power Company file #5 -1294 with conditions as discussed. Seconded by Dines. The motion car- ries 4 -0. In addition to standard general and perpetual conditions, the special conditions included: Beverly Conservation Commission April 28, 2020 Meeting Minutes Page 7 of 7 1. Within the Danvers River, in- water, silt producing work shall only occur within the time period from November 15 through February 15 of any year to protect diadromous fish migration, winter flounder spawning, and shellfish spawning and larval settlement, per recommendations from MA Division of Marine Fisheries. 2. Sediment controls shall be installed along limit of work when working in proximity to wetland resource areas, and catch basin protection shall be installed. 3. Any debris generated, including asphalt and spoils from fence footings, shall be removed from the buffer and be properly disposed of. 4. Trenchless crossings, such and jack & bore techniques, shall be used where possible to minimize impacts at stream crossings /existing culverts. 5. Trenches shall be backfilled as soon as possible and temporarily impacted areas shall be restored to pre - construction condition. 6. Monitoring shall be conducted for any spills of dielectric fluid from removal of the cable. Any spills shall be properly containerized and removed from site for proper disposal. 7. A copy of the Storm Water Pollution Prevention Plan, results from the sediment sam- pling, and a copy of the dredging plan shall be forwarded to the Commission, once avail- able. ADJOURNMENT Dines moves to adjourn at 11:02. Seconded by Squibb. The motion carries 4 -0. The next regular meeting of the Conservation Commission is Tuesday, May 19, 2020.