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1-28-2020 CC Minutes - FINALConservation Commission January 28, 2020 Meeting Minutes Page 1 of 6 CITY OF BEVERLY PUBLIC MEETING MINUTES BOARD OR COMMISSION: Conservation Commission SUBCOMMITTEE: DATE: January 28, 2020 LOCATION: City of Beverly, Council Chamber 3rd Floor MEMBERS PRESENT: Chair Christine BertoniVice Chair Robert Buchsbaum, David Dines, Bill Squibb MEMBERS ABSENT: Rick Grandoni, Stephanie Herbster STAFF PRESENT: Jenna Pirrotta, Environmental Planner OTHERS PRESENT: RECORDER: Sarah Scott - Nelson Bertoni calls the meeting to order at 7:00 p.m. in the 3rd Floor Council Chamber in City Hall. RECESS FOR PUBLIC HEARINGS Dines moves to recess for public hearings. Seconded by Buchsbaum. The motion carries 4 -0. Cont: 435, 451 & 455 Essex Street, DEP #5 -1287 — Jeff Fazio, Fazio Enterprises, Inc. This agenda item was previously continued to the March 31, 2020 meeting. Cont: 71 Shortell Avenue, DEP #5 -1288 — Michael Hubbard Bob Griffin of Griffin Engineering, representing the applicant, recaps the project to include dem- olition and construction of a new house with associated appurtenances. Griffin elaborates on some of the Commission's previous questions about runoff, the concrete retaining wall, and ad- ditional landscaping hedges. In response to Buchsbaum's question, Griffin explains the plans to dig and bring in clean gravel and crushed stone fill to level off the property. Griffin assures the Commission that this plan is an improvement over existing conditions and is the better alterna- tive for groundwater replenishment. Bertoni asks whether the applicant has considered any alter- native building, location, and parking garage plans. Griffin explains that the current plan is the most feasible and beneficial which they have prepared the plan as discussed. The existing house is not in salvageable condition and must come down. Dines moves to close the hearing. Seconded by Buchsbaum. The motion carries 4 -0. New: 14 -16 Harwood Street, DEP #5 -1289 — Marius Bego Pirrotta reads the legal notice. Bob Griffin, representing the applicant, explains the plans to demolish a garage, build addition on an existing house, and construct anew house on adjacent lot; with both lots to have new associated appurtenances. Griffin describes the pervious pavers which will replace the driveways. In response to Buchsbaum's questions, Griffin explains the expected amount of runoff for the project. Berton requests clarification on the location of the new houses in relation to the Conservation Commission January 28, 2020 Meeting Minutes Page 2 of 6 river. Griffin explains the rationale for the location of the houses and creation of compensatory mitiga- tion behind the houses. The Commission discusses the procedure for issuing Orders of Conditions for the properties as a joint project or as separate ones. Bertoni asks about the existence of invasive plant species behind the property. Griffin confirms the presence of invasive species and explains that the mitigation area was chosen because it is along the tree line and that there is no plan to replant the wooded area. Jan Pollio, abutter at 11 Harwood Street, expresses concern about storm flooding due to the project. Griffin explains plans to mitigate runoff through dry wells and directing it toward the stream. Diane Hood, abutter at 4 Ash Street, also expresses concerns about flooding and catch basins. Hood asks if the catch basins will be adequate to convey water from storms. Griffin assures that the property will not drastically increase the runoff in the street, and that calculations have already been provided in the Notice of Intent. Hood also asks about the process and duration of construction for the project. Griffin explains the requirement for Certificate of Completion for the project. The Commission schedules a site visit for 9:00 a.m. on Sunday, February 16, 2020. Dines moves to continue the hearing to the February 19, 2020 meeting. Seconded by Buchsbaum. The motion carries 4 -0. RECONVENE REGULAR MEETING Squibb moves to reconvene the regular meeting. Seconded by Dines. The motion carries 4 -0. REQUESTS FOR DETERMINATION OF APPLICABILITY New: 10 Tall Tree Drive — Kathleen Martens Pirrotta reads the legal notice. Bertoni asks if the hot tub had been previously permitted. Kath- leen Martens confirms that it had not been permitted. The Commission discusses the list pro- vided by Martens for what she would like to be done on the property as applicable to the RDA. Joseph Pappa, 8 Tall Tree Drive, shares that the fallen trees are currently leaning on other 50 foot tall trees which would hit his house if they fall. Bertoni suggests that the Commission would like to hear from the arborist so that everyone is on the same page. Buchsbaum suggests handling the tree removal separately from the RDA as it could soon turn into a state of emergency. Bertoni requests tabling the removal of invasive species plan. Buchsbaum suggests that Pirrotta provide Martens with a list of contacts who can do invasive removal in wetland areas and sug- gests that the applicant hire a consultant to help permit the activities on site. Dines suggests ta- bling the conversation for a separate meeting with Martens to solidify the project into a form which the Commission is able to approve. Squibb suggests having the tree company provide in- formation on the trees to be removed in the meantime. Squibb moves to continue the hearing to the February 19, 2020 meeting. Seconded by Dines. The motion carries 4 -0. Conservation Commission January 28, 2020 Meeting Minutes Page 3 of 6 New: 16 Tozer Road — USPS Repairs & Alterations Pirrotta reads the legal notice. Todd Ravenelle of Gordon R. Archibald, Inc, representing the ap- plicant, explains the plans to repave existing parking, loading, and operations areas. Ravenelle explains that the amount of pavement will not be changed, but simply restored. Bertoni requests clarification on whether the property is under Commission jurisdiction and has been treated ac- cordingly in the past. Ravenelle asserts that it is a drainage swale outside of jurisdiction. Buchsbaum suggests that regardless of the status of the swale, the project only aims to replace existing structures. Ravenelle further clarifies that the parking lot drainage will be handled with catch basins and that the concrete loading dock will not be modified. The Commission discusses conditions including use of erosion controls. Buchsbaum moves to issue a Negative 3 Determination. Seconded by Dines. The motion carries 4 -0. REQUEST FOR CERTIFICATE COMPLIANCES Cont: 400 Hale Street, DEP #5 -1070 — Endicott College Steve Kelly of Meridian Associates, representing the applicant, states that Joe Orzel of Lucas En- vironmental and John Amatto of JJA Sports, LLC are present to address how each of the Com- mission's special conditions have been met and that the main change to the property is that the intended gravel road has been paved. In response to Buchsbaum's question, Orzel addresses the zinc levels found on site. Bertoni asks about infiltration of the rubber turf fill. Orzel clarifies that he has seen no evidence of the fill escaping the field apart from in the instance of snow plowing as previously discussed, which was addressed by a change in maintenance practices. Bertoni re- quests photographs be sent to the Commission once netting from old erosion controls has been removed. Pirrotta reiterates the perpetual conditions regarding snow removal and storage. Buchsbaum moves to issue a complete Certificate of Compliance with the associated perpetual conditions as stated. Seconded by Squibb. The motion carries 4 -0. Cont: 35 Standley Street, DEP #5 -704 — Waring School Erik Swanson of Hancock Associates, representing the applicant, explains the construction of the driveway, additional parking lot, relocation of the tennis court, as well as an additional proposed trench for runoff collection. Buchsbaum moves to issue an amended enforcement order to in- clude the installation of the infiltration trench, which will allow the project to come in to compli- ance with the expired Order of Conditions. Seconded by Dines. The motion carries 4 -0. Dines moves to continue the hearing to the April 28, 2020 meeting, to allow time for the consultant to provide an updated as built plan after the work is complete. Seconded by Squibb. The motion carries 4 -0. Conservation Commission January 28, 2020 Meeting Minutes Page 4 of 6 Cont: 16 Fosters Point, DEP #5 -819 — Lux Realty North Shore, Henry Pizzo By request from the applicant, Dines moves to continue this item to the February 19, 2020 meet- ing. Seconded by Squibb. The motion carries 4 -0. Cont: 9 Kinsman Street, DEP #5 -1222 — MPM Companies, LLC This agenda item was previously continued to the June 30, 2020 meeting. New: 54 South Terrace, DEP #5 -611— Charles Raymond Bob Griffin, representing the applicant, seeks the Commission's approval to close out a 1997 project for the rebuilding of the applicant's garage. Griffin clarifies in response to Pirrotta's question of when the stairs were installed, that this was done in the 1980s, prior to the project un- der discussion. Buchsbaum moves to issue a complete Certificate of Compliance with the two perpetual condi- tions as discussed. Seconded by Squibb. The motion carries 4 -0. OILD/NEW /OTHER BUSINESS REQUEST FOR MINOR MODIFICATION TO ORDER OF CONDITIONS New: 35R Standley Street Street, DEP File # 5 -1276 — Warin2 School c/o Timothy Bakland Craig Douglas of the Waring School, representing the applicant, explains the need to expand the work area for construction access for the project. Nat Coughlin of JD Russo, contractor for the project, explains the plan to cover the intermittent stream with wood planks for 2 -3 days during demolition to access to the site. Squibb moves to approve the Minor Modification and add the conditions as discussed. Seconded by Dines. The motion carries 4 -0. ENFORCEMENT ORDERS Cont: 10 Tall Tree Drive The Commission modifies the dates and recognizes progress already made by the applicant and discusses amending the Enforcement Order to reflect the work already done toward compliance. Cont: 82 River Street Chris Moynihan, explains that he has not yet completed the installation of the erosion controls. The Commission discusses the steps needed to be taken to reach compliance. Buchsbaum moves to continue discussion on the Enforcement Order until the February 19, 2020 meeting. Seconded by Dines. The motion carries 4 -0. Conservation Commission January 28, 2020 Meeting Minutes Page 5 of 6 New: 7R Netherton Avenue Bob Griffin, representing the applicant, explains that Mr. Celesk plans to install erosion controls which should be complete by the next meeting. Bertoni requests the completion of a restoration plan to include removal of fill and the planting for review by the next regular meeting. Squibb moves to ratify the Enforcement Order as discussed. Seconded by Dines. The motion car- ries 4 -0. 112 Valley Street - Jeff Roy Jeff Roy explains the fort /shed installation and retaining wall installation without a permit on his property. Bertoni explains that there is a 25 Foot No- Disturb zone and a 50 Foot No -Build Zone, which affects where mowing and construction could occur on his property near the intermittent stream. Bertoni suggests that the Commission plan to work on some remedies for permitting for the footbridges and removal of the shed and retaining wall. Bertoni also explains the state 100 Foot Buffer zone permit requirements which will require a Notice of Intent. Buchsbaum suggests taking a site visit so that the Commission can help Roy figure out the best plan of action going forward. The Commission schedules a site visit for 8:00 a.m. on Saturday, February 1, 2020. Buchsbaum moves to continue the discussion to the February 19, 2020 meeting. Seconded by Dines. The mo- tion carries 4 -0. TREE REMOVAL REQUESTS New: 678 Hale Street Pirrotta reports that the trees proposed to be removed are all along the path of overhead utility wires. The Commission discusses that if the arborist determines that the ash tree is infested, that it be burned on property to prevent spread. Dines moves to issue a flush -cut removal of the four trees. Seconded by Bertoni. The motion carries 4 -0. OTHER... The Commission discusses the Community Garden relocation and the pros and cons of maintain- ing the meadow -like area and garden or moving the garden. It is expected that the Engineering Department will be submitting an RDA for the installation of the gardens based on a revised lay- out. ORDERS OF CONDITIONS Cont: 71 Shortell Avenue, DEP #5 -1288 — Michael Hubbard Conservation Commission January 28, 2020 Meeting Minutes Page 6 of 6 The Commission discusses conditions for the property including that requirement of mitigation plantings, documentation of trash removal onsite, and the installation of proposed underground stormwater infiltration trench. Special Conditions include: 1. Stabilized slopes shall be maintained as designed and constructed by the property owner of record, whether `bioengineered' or mechanically- stabilized slopes. This condition shall remain in perpetuity beyond issuance of a Certificate of Compliance. 2. Erosion and sedimentation control measures shall be installed along the edge of the down - gradient side of the project area prior to construction as depicted on the referenced plan. This will also serve as the limit of work. 3. Only clean fill, free of masonry, stumps, asphalt, and any other kind of waste material shall be used on the site. 4. All waste products, refuse, debris, grubbed stumps, slash, excavate, construction materi- als, etc. shall be disposed of in a legal manner and shall not be incorporated in any man- ner into the project site. Photographic documentation shall be provided of the site free of debris prior to addition of any fill or loaming and seeding. Records shall be kept docu- menting that excess material has been properly disposed of at a legal site. 5. Photographic documentation shall be provided of the installation of the stormwater infil- tration trench. 6. The native planting plan to be submitted to the Conservation Agent for review, prior to installation. Buchsbaum moves to accept the Order of Conditions as discussed. Seconded by Dines. The mo- tion carries 4 -0. ADJOURNMENT Dines moves to adjourn at 11:01 p.m. Seconded by Bertoni. The motion carries 4 -0. The next regular meeting of the Conservation Commission is Wednesday, February 19, 2020 at Beverly City Hall, 3rd Floor Council Chamber.