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08-27-19 BCC Minutes - FINALConservation Commission August 27, 2019 Meeting Minutes Page 1 of 9 CITY OF BEVERLY PUBLIC MEETING MINUTES BOARD OR COMMISSION: Conservation Commission SUBCOMMITTEE: DATE: August 27, 2019 LOCATION: City of Beverly, Council Chamber 3rd floor MEMBERS PRESENT: Chair Christine Bertoni, Vice Chair Robert Buchsbaum, David Dines, Bill Squibb MEMBERS ABSENT: Stephanie Herbster, Rick Grandoni STAFF MEMBERS PRESENT: Jenna Pirrotta, Environmental Planner RECORDER: Sarah Scott - Nelson Bertoni calls the meeting to order at 7:00 p.m. in the 3rd floor Council Chamber in City Hall ANNOUNCEMENTS Bertoni addresses changes in the meeting agenda effective for the next few weeks to accommo- date the approval of past meeting minutes, and notes there will be two continuations of Notices of Intent by request of the applicants. The first is a continuation of the 35R Standley Street pro- ject to 9/17/19 with no discussion this evening and the second for 1 Water Street which will be opened and immediately continued to 9/17/19 with no discussion. APPROVAL OF MINUTES January 10, 2019 The Commission reviews the draft minutes and offers edits. Dines moves to approve January 10, 2019 minutes as amended. Seconded by Buchsbaum. The motion carries 4 -0. February 6, 2019 The Commission reviews the draft minutes and offers edits. Buchsbaum moves to approve Feb- ruary 6, 2019 minutes as amended. Seconded by Dines. The motion carries 4 -0. March 6, 2019 The Commission reviews the draft minutes and offers edits. Dines moves to approve March 6, 2019 minutes as amended. 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: 35R Standley Street, DEP # 5 -1276 — Warina School c/o Timothv Bakland At the request of the applicant, Dines moves to continue until September 17, 2019 meeting. Se- conded by Squibb. The motion carries 4 -0. Conservation Commission August 27, 2019 Meeting Minutes Page 2 of 9 Cont: 59 Ober Street, DEP # 5 -1278 - 59 Ober Street LLC Rick Williams accompanied by Peter Brown, representing the applicant, reports a delay in DEP issuing the DEP file number due to incorrect fee amount, and describes the updated plans revised after the last meeting. Bertoni states the complications of reviewing new information during the meeting without giving the Commission time to review. Williams explains that the updates in- clude changes in septic tank, the addition of a snow fence for the beech tree, the addition of a pump station, and a display of the cross sections relative to the coastal bank per the DEP's re- quest. Buchsbaum asks and the consultant clarifies that the sand source will not be affected be- cause there will not be site work along the coastal bank. Bertoni asks about the increase of im- pervious surface area within the 100 -foot buffer, which Williams comments that the additional impervious area is being mitigated by the installation of a filtration system as presented in the previous meeting. Due to the amount of new information provided during the meeting, Buchsbaum moves to con- tinue to September 17, 2019. Seconded by Squibb. The motion carries 4 -0. Cont: 43/47A Water Street — Beverly Port Marina c/o Johnathan Silver Jon Silver, representing the applicant, explains changes to the storm drain plan, which now is proposed to enter the harbor in two separate locations. Silver reports complications in receiving licensure for the project, delaying them to the present day. The project will improve structural integrity to the seawall, replace old pilings and snapped cables as well as create a safer and lat- eral public access in front of the facility as a scenic walkway. This involves rebuilding both the dock and the shed holding electrical for the fuel pumps. Piers will extend further out to mitigate need for dredging, and the layout of floating docks will be reconfigured. The gangway will re- main in the same location. Silver communicates the desire to complete the 3 -5 week project before January as winter condi- tions will prevent completion and the project will have a time of year restriction for winter floun- der spawning. Buchsbaum asks about Chapter 91 licensing which Silver confirmed was received in 2017. Bertoni asks about the implications of the site being in a FEMA -AE Zone. Silver af- firms that this does not cause any major complications and piles will instead improve resiliency, breaking waves before they get inland and fortifying the area. Silver mentions that a gate valve is also planned in case of spills of fuels or contaminants which will be located in between two piers and will be higher than the current drain. Bertoni states that the lack of a DEP File Number means the Commission cannot close the hear- ing. Buchsbaum requests that the applicant provide a waiver for work within the no disturb zone for the next meeting. Bertoni requests the applicant quantify the mitigation provided for impacts from the previous NOI. Dines moves to continue to September 17, 2019. Seconded by Squibb. The motion carries 4 -0. New: 63 Lothrop Street — Sanford Freiberg Kelliher Conservation Commission August 27, 2019 Meeting Minutes Page 3 of 9 Bob Griffin of Griffin Engineering, representing the applicant, explains the project, including raising the seawall by a few feet to 100 flood elevation to drain through existing holes. A stair- way will also be built near the garage for the owner's kayak access. Griffin clarifies that the stairs will be anchored to the new concrete cap. Bertoni asks whether the whole project is on coastal bank and speaks to the requirements for Chapter 91. Bertoni requests clarification on the numbers for impervious surface area as well as the plan for granular fill, restorative landscaping, and patio construction. Squibb adds that it will be a similar imperviousness as the current state. The Commission schedules an open site visit, for Saturday, September 7, 2019 at 11:00 a.m. Dines moves to continue hearing to September 17, 2019. Seconded by Squibb. The motion car- ries 4 -0. New: 865 Hale Street — Kevin & Susan Barry Pirrotta reads the legal notice for this hearing of the notice of intent for this single family home. Tyler Ferrick of DeRosa Environmental, representing the applicant, describes the single family home proposed to be built, including a paved driveway, and walkways. He states that no work is proposed on the slope_ Bertoni requests clarification on whether the building will stay out of the 200 -Foot Riverfront Area, and whether the tree height is restricted in this area. The Barrys con- firm that this restriction has been taken into account. Squibb asks about an easement to access the lot. Bertoni asks about the gravel walkway. The Barrys relate that it was filled in 2002 to ac- commodate for six months of wet, six months of dry conditions. Pirrotta reads three letters from neighbors, each commending the Barry's thoughtful planning, and contribution to the area through tree - planting and their general respect for and protection of the wetlands. Buchsbaum qualifies that storm water treatment is a legally required mitigation and urges the applicant to focus on mitigation by landscaping. Mr. Barry explains their contribution of planting 37 trees in the area this past year. Buchsbaum and Bertoni requests details of past and planned mitigation in the narrative. The Commission schedules a site visit for 10:00 a.m. Saturday, September 7, 2019. Dines moves to continue to September 17, 2019. Seconded by Squibb. The motion carries 4 -0. New: 1 Water Street, DEP #5 -1277 — Beverly Restaurant Associates LLC c/o Martin A. Bloom Pirrotta reads the legal notive for this hearing and no discussion is held by request of the applicant. Buchsbaum moves to continue to September 17, 2019. Seconded by Buchsbaum. The motion carries 4 -0. New: 74 Hart Street, DEP #5 -1263 — Glen Urquhart School c/o David Leibmann Bob Griffin, representing the applicant details renovations to the playground, including adding more wood chips than the previous plan proposed in November as well as planting apple trees along the driveway, replacing some structures, adding stone boulders, and improving the crawl spaces and sandbox. Griffin requests approval for the modification. Bertoni clarifies drainage Conservation Commission August 27, 2019 Meeting Minutes Page 4 of 9 plan for muddy areas. Griffin explains there will be drainage into the butterfly garden, outside of the no build zone. Bertoni asks if the wood chips must be a certified variety. In response, an au- dience member confirms that the wood chips must have no added dyes or toxins to be safe for children. Dines moves to close 74 Hart Street. Seconded by Squibb. The Motion carries 4 -0. RECONVENE REGULAR MEETING Dines moves to reconvene the regular meeting. Seconded by Buchsbaum. The motion carries 4- 0. REQUEST FOR CERTIFICATE COMPLIANCE Cont: 100 & 102 Hull Street, DEP #5 -1205 — MJP Properties, Inc. c/o Mike Panzero & Su- san Purdy Pirrotta confirms from her site visit that all requests had been added and the site is stable. Buchsbaum motions to issue the certificate of compliance. Seconded by Dines. The motion car- ries 4 -0. Cont: 400 Hale Street, DEP #5 -1070 — Endicott College (continued to September 17, 2019) At request by the applicant Buchsbaum moves to continue to September 17, 2019. Seconded by Dines. The motion carries 4 -0. Cont: 400 Hale Street, DEP #5 -1158 - Endicott College (continued to October 8, 2019) Bertoni reports that the request was previously continued to the October 8, 2019 meeting, by re- quest of the applicant. Cont: 35 Standley Street, DEP #5 -704 — Waring School Ann McMenemy of Hancock Associates, representing the applicant, describes the plan to im- prove the access driveway, including drainage calculations for the gravel parking lot. She pro- vides a recap of the status of the project and describes the need to perform test pit to enable the stormwater design to be completed. The Commission discusses issuing a "friendly" enforcement order, to allow test pit work to oc- cur and the Order of Conditions had expired. This would allow the work to come back in compli- ance with the Order. The request for COC would be continued until the stormwater management system is complete. Buchsbaum moves to issue the enforcement order to return the property into compliance_ Seconded by Squibb. The motion carries 4 -0. Dines moves to continue the COC re- quest to the October 8, 2019 meeting. Seconded by Buchsbaum. The motion carries 4 -0. Cont: 16 Foster's Point, DEP #5 -819 — Lux Realty North Shore, Henry Pizzo Conservation Commission August 27, 2019 Meeting Minutes Page 5 of 9 Ann McMenemy, representing the applicant, explains the project and work needed to restore the work back into compliance with the approved plans, including removal of a rogue dock as well as the removal of debris from salt marsh and plans to replant salt marsh grass after winter ice flows. McMenemy requests flexibility on the restoration plan deadline because of delays in ma- rine licensing and reports that the Chapter 91 license has been requested and is underway. Ber- toni adds that the restoration plan is due October 8, 2019 and should address how the floating docks will be repositioned as well as details on the salt marsh grass planting. Buchsbaum moves to modify the enforcement order to include the submittal of a restoration plan for the dock and marsh planting seven days ahead of the October 8, 2019 meeting date. Seconded by Squibb. The motion carries 4 -0. Buchsbaum moves to continue the COC request to October 8, 2019. Seconded by Squibb. The motion carries 4 -0. Cont: 9 Kinsman Street, DEP #5 -1222 — MPM Companies, LLC c/o Mike McNiff Bob Griffin, representing the applicant, requests a partial certificate of compliance. The Com- mission discusses a desire to leave the mitigation area alone to naturalize, as required by the Or- der of Conditions, as well as a report that three shrubs died. Bertoni recalls past difficulty in approving this project due to the small lot size and presence of wetland resource areas. Buchsbaum suggests seeing original Order through and Bertoni requests the mitigation area be returned back to natural so the sod should be removed from the 25 -foot No Disturbance Zone. Dines moves to continue to November 12, 2019 to bring to a more natural state. Seconded by Squibb. The motion carries 4 -0. New: 181 Elliot Street, DEP #5 -1187 — Cummings Properties Damian Savoie on behalf of Cummings properties, reports adherence to the 75% survival criteria of the required mitigation plantings. Bertoni reviews and reiterates the perpetual conditions which will remain in place after issuance of the Certificate of Compliance, including a restriction on dumping and mowing. Dines moves to issue complete Certificate of Compliance. Seconded by Buchsbaum. The motion carries 4 -0. New: 127 Water Street, DEP #5 -1253 — Jubilee Yacht Club, Inc. c/o Paul Ear Griffin, representing the applicant, reports that the project was successful and consistent with the plan with a few minor changes. The egress staircase was deemed unnecessary and was not built and a section of deck was slightly smaller than originally approved, and requests a Complete Certificate of Compliance. Bertoni states Special Condition 5 remains for the removal of items stored under deck during the winter. Bertoni clarifies that perpetual conditions 35 -40 also re- main. Dines moves to issue a complete Certificate of Compliance. Seconded by Squibb. The motion carries 4 -0. Conservation Commission August 27, 2019 Meeting Minutes Page 6 of 9 New: 204 Greenwood Avenue, DEP #5 -1178 — North Shore Nursery School Arsen Hambardzumian of Nesra Engineering, representing the applicant, explains the need for slight deviation for underground water and electric utilities. Bertoni requests the addition of the 50 foot buffer zone to the file copy of the certificate of compliance. Pirrotta notes from her site visit that there was some gravel migration but otherwise stable site from her site visit. Dines moves to issue complete certificate of compliance. Seconded by Buchsbaum. The motion carries 4 -0. New: 35 Preston Place, DEP #5 -579 - James Townsend c/o Glovsky & Glovskv Peter Ogren, representing the applicant, reports the re- vegetation of the site, cobblestone stable for years as the site is well established but only now applying for a certificate of compliance. Bertoni requests the addition of the 25 foot buffer to the plans and states that there is one perpet- ual condition, H4. Dines moves to issue complete Certificate of Compliance. Seconded by Buchsbaum. The motion carries 4 -0. New: 43/47A Water Street, DEP #5 -1079 — Beverly Port Marina c/o Jon Silver Jonathan Silver, representing Beverly Port Marina describes that the work as approved under this Order was never completed and the Order has since expired. Dines moves to issue an invalid cer- tificate of compliance. Seconded by Buchsbaum. The motion carries 4 -0. OILD/NEW /OTHER BUSINESS ENFORCEMENT ORDERS Cont: 20, 30 & 40 Webster Avenue, DEP #5 -1237 — PD Development Griffin provides an update on the status of the work, including that the work has been stalled for months as the developer has been working elsewhere. Work is expected to re- mobilize on Octo- ber 1, 2019 and Griffin reports that he will have a plan for the Commission to review at the Sep- tember 17, 2019 meeting. New: 16 Fosters Ave - Lux Realty North Shore c/o Henry Pizzo The order was addressed during the Certificate of Compliance discussion and there is no further action to take for this item. New: 47B Water Street - David Carnevale Thomas Alexander, representing the applicant, explains the circumstances surrounding the pile installation. The commission discusses the violation of the addition of the piling at the end of the Conservation Commission August 27, 2019 Meeting Minutes Page 7 of 9 pier. Alexander further reports that the piling was added in response to litigation between the ap- plicant and neighbors. The contractor for the project speaks to the added safety measures of the two remaining chains as a safeguard for the piling. In response, Buchsbaum suggests the appli- cant file an RDA as an after - the -fact approval mechanism. Dines moves to issue a ratified enforcement order and for the applicant to submit an RDA to be reviewed at the October 8, 2019 meeting. Seconded by Buchsbaum. The motion carries 4 -0. New: 10 Sunnyvale Street — Shirley Myers /Scott Tarnowski Pirrotta reports that the enforcement order was resent to the correct address, as the first letter was returned as undelivered. There is no action for the Commission to take. REQUEST FOR MINOR MODIFICATION TO ORDER OF CONDITIONS New: 17R Webber Street, DEP #5 -1242 — Black Door Properties, LLC c/o Mike Panzero Griffin Bob Griffin, representing the applicant, describes the request which included a minor change in gravel layout. Dines moves to approve the modification request, with all previous conditions to remain. Buchsbaum Seconds. The motion carries 4 -0. TREE REMOVAL REQUESTS New: 35 Preston Place — Jake Bartlett Pirrotta summarizes the tree to be cut, which is a large pine close to the house. Bertoni confirms conditions that the tree shall be flush cut, no grinding. Squibb moves to approve the tree removal request. Buchsbaum seconds. The motion carries 4 -0. New: 1 Boxwood Lane — Patrick Burke Pirrotta describes the trees to be cut, which include one white pine and one poplar. Bertoni con- firms conditions that the trees be flush cut, with no stump grinding. Squibb moves to approve the tree removal request. Buchsbaum seconds. The motion carries 4 -0. Cont: 20 Wentworth Drive — Lance Nicolaysen Pirrotta recounts that the Commission had previously asked for a statement from the arborist on the trees' condition for each of the 10 trees proposed to be cut. The trees to be removed include 9 red maples and 1 hemlock. Pirrotta reports the planned addition of Blue Spruce and blueberry bushes as mitigation plantings. Bertoni requests confirmation of the number and location of the proposed plantings and suggests there be a variety in the canopy height, and recommends that the trees be flush cut. MINOR PROJECT PERMITS Conservation Commission August 27, 2019 Meeting Minutes Page 8 of 9 New: 22 Hobart Avenue — C. & J. Grein Pirrotta reports an application for overhanging branch removal, and limbing of trees. Pirrotta re- quested at her site visit and as part of the application that the vegetation on the bank be left alone. Cont: 7 Emily Way Pirrotta provides an update that at the last meeting the Commission voted to issue a partial Cer- tificate of Compliance, however, the work had already received a partial certificate and there was no outstanding work. Pirrotta reports that she issued the complete COC, based on the Commis- sion's earlier findings. CONT: BEVERLY AIRPORT Pirrotta reports her ongoing progress in reaching out to airport management regarding vegetation removal. EXPENDITURE APPROVALS Pirrotta suggests renewing the Commission annual membership to the Essex County Greenbelt Association. Squibb moves to pay annual dues to Greenbelt in the amount of $100. Seconded by Dines. The motion carries 4 -0. OTHER... Pirrotta reports that she received a request from the Planning Board regarding Conservation Commission feedback on the property at 16 Harwood Avenue. The property contains wetland resource areas and Pirrotta will send a memo stating that the property is within Conservation Commission jurisdiction and the applicant may need to come before the Commission for ap- proval. The Commission discusses continuing the use of both dropbox as well as hard copies of applica- tion review materials. Bertoni suggests a change in the agenda order that Minor Modifications be placed before Enforcement Orders moving forward. The Commission agrees that Approval of Meeting Minutes at the beginning of the meeting was lengthy, but acceptable to get caught up on the backlog. ORDERS OF CONDITIONS 74 Hart Street, DEP #5 -1263 — Glen Urquhart School c/o David Leibmann The Commission agrees that all conditions issued with the original Order shall remain in place. Dines moves to issue an amended Order of Conditions for Glen Urquhart School, as discussed. Seconded by Buchsbaum. The motion carries 4 -0. Conservation Commission August 27, 2019 Meeting Minutes Page 9 of 9 ADJOURNMENT Bertoni moves to adjourn at 10:37 p.m. Seconded by Squibb. The motion carries 4 -0. The next regular meeting of the Conservation Commission is Tuesday, September 17, 2019 at Beverly City Hall, 3rd Floor Council Chamber.