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03-10-2020 Con Com Minutes - FINALConservation Commission March 10, 2020 Meeting Minutes Page I of 8 CITY OF BEVERLY PUBLIC MEETING MINUTES BOARD OR COMMISSION: Conservation Commission SUBCOMMITTEE: DATE: March 10, 2020 LOCATION: City of Beverly, Council Chamber 3rd Floor MEMBERS PRESENT: Chair Christine Bertoni, Vice Chair Robert Buchsbaum, Stephanie Herbster, William Squibb, Richard Grandoni, David Dines MEMBERS ABSENT: None STAFF PRESENT: Jenna Pirrotta, Environmental Planner OTHERS PRESENT: RECORDER: Sharlyne Woodbury Bertoni calls the meeting to order at 7:00 p.m. in the 3rd Floor Council Chamber in City Hall. APPROVAL OF MINUTES May 1, 2019 The Commission reviews the draft minutes. Herbster moves to approve May 1, 2019 minutes as written with the previous edits incorporated from the February 19, 2020 meeting. Dines seconds. The motion carries 6 -0. February 19, 2020 The Commission reviews the draft minutes and offers edits. Herbster moves to approve February 19, 2020 minutes as written. Squibb seconds. The motion carries 6 -0. RECESS FOR PUBLIC HEARINGS Squibb moves to recess for public hearings. Seconded by Grandoni. The motion carries 6 -0. Notices of Intent /Abbreviated Notices of Intent/Reguests for Amended Order of Conditions Cont: 451 & 453 -455 Essex Street. DEP 95 -1287 — review and affirm delineated wetlands on site — Jeff Fazio, Fazio Enterprises, Inc. This agenda item was previously continued to the March 31, 2020 meeting by request of the ap- plicant. No action is required. Cont: 167 West Street, DEP #5 -1290 — demolish and reconstruct a single- family house with as- sociated appurtenances — Marc & Heather Hazel At the request of the applicant, Dines moves to continue to the March 31, 2020 meeting. Se- conded by Squibb. The motion carries 6 -0. Conservation Commission March 10, 2020 Meeting Minutes Page 2 of 8 New: 179 West Street, (DEP 95 -1292) — demolish a single- family house with associated Mpur- tenances — Gerhard Schulmeyer Pirrotta reads the legal notice. David Cowell of Hancock Associates describes the work which includes demolishing an existing home. The property owner also owns the adjacent lot and would like to tear down the existing home and landscape the area. Bertoni reminds the applicant of the 50 -Foot No Build Zone and requests that this be included on the plan. Members inquire about the plan for walkways and paths. Cowell details that there will be no change in grade and the existing cobble stone path will be removed. Commissioners inquire after the location of the septic tank and what the heating source is and whether there are tanks needing to be removed. The applicant will follow up on the exact location of septic tank and confirm the heating source. The members would like to see detailed specifics for the landscaping. The Commission inquires if there are any other boards or Commission the applicant must seek approval from. Pirrotta indi- cates there is an outstanding Order of Condition on the property, under DEP File #5467 for building additions on site. That Order should be closed out before moving forward with the pro- posed project. A DEP File number has not yet been issued for the work and the Commission must continue the hearing to the following meeting. There being no further questions or comments on the matter, Buchsbaum moves to continue to the March 31, 2020 meeting. Squibb seconds. The motion carries 6 -0. New: 20 Longmeadow Road, (DEP 95 -1291) — construct a garage addition on an existing sin- gle- family house and replace an existing driveway — Kash Abare Pirrotta leads the legal notice. The applicant seeks to construct a garage addition onto an existing home and replace the driveway. David Cowell of Hancock Associates represents the applicant. They are seeking to offset the square footage in the 50 -Foot No Build Zone by reclaiming space from the driveway and planting with grass. The applicant would like to remove and relocate an existing vegetable garden and chicken coop on the property. The chicken coop is free standing an easily relocated. Commissioners inquire how the area where the shed is removed will be land- scaped. The applicant proposes native plantings. Commissioners decide against conducting a site visit. A DEP File Number has not yet been issued and the Commission will need to continue the hearing to the next meeting. Squibb moves to continue to the March 31, 2020 meeting. Herbster seconds. The motion carries 6 -0. New: 12 -14 Museum Road, (DEP 95 -1293) — remove and replace existing deck, stairs, and walkway, tree stump removal, and mitigation plantings — Elaine Crowley Pirrotta reads the legal notice. George Zambouras representing the applicant describes the pro- posed work. The applicant seeks to build a 16 -foot by 20 -foot deck with unavoidable work in the 25 -Foot No Disturbance Zone and 50 -Foot No Build Zone. Crushed stone is proposed under the deck. The proposed site for the new deck is the best possible location offering access from the house, and is proposed in the location with the least impacts to the buffer zone. The applicant would like to remove a tree stump in the middle of the yard. The applicant proposes mitigation Conservation Commission March 10, 2020 Meeting Minutes Page 3 of 8 plantings including winterberry within the existing lawn. Commissioners suggest planting shrubs instead of installing markers to identify the resource area to offer a nicer visual barrier. The Commission expresses their preference to create improved habitat in the buffer zone. There was no DEP File number yet issued for the project and the Commission requested that Pirrotta hold a site inspection prior to the next hearing. Squibb moves to continue to the March 31, 2020 meeting. Dines seconds. The motion carries 6- 0. RECONVENE REGULAR MEETING Squibb moves to reconvene the regular meeting. Dines seconds. The motion carries 6 -0. REQUESTS FOR DETERMINATION OF APPLICABILITY Cont: 10 Tall Tree Drive — after - the -fact deck, shed, and landscaping, and proposed tree removal, landscaping — Kathleen Martens At the request of the applicant, Squibb moves to continue to the March 31, 2020 meeting. Dines seconds. The motion carries 6 -0. New: 4 Farms Lane — build an in- ground swimming pool — Robert Michaud Pirrotta reads the legal notice. Matt Canning of Precision Pools represents the applicant. The ap- plicant proposes to install an in- ground pool within the 200 -Foot Riverfront Area. The proposed pool is 20 -feet by 40 -feet with the possibility of it being smaller at dimensions of 18 -feet by 36- feet and 8 feet deep. There is no ledge expected on site and there would be a back -wash valve that drains into the existing street sewer. The pool will be salt water and not chlorinated. The RDA application does not include a patio. He confirms for the Commission there is an existing patio area that will remain separate from the pool area. Herbster motions to issue a Negative 2 and 3 Determination with the condition for the use of ero- sion controls, to properly dispose of excess soil, stabilize disturbed soils, to provide a specifica- tion on the pool maintenance, and to return to the Commission with any patio additions. Dines seconds. The motion carries 6 -0. New: 55 Ober Street, 93 Lothrop Street, 41 Lothrop Street — install kayak racks at Lynch Park, Dane Street Beach, and Independence Park — City of Beverly Pirrotta reads the legal notice. Paul Earl, Chair of the Harbor Management Authority (HMA) provides an overview of the request, including the installation of up to three kayak racks at the specified locations above due to growing public interest and increased demand. Currently there is a waiting list for rental space of the racks. The same type of racks and methods of installation would be used as was indicated in the approval for the existing racks. Bertoni notes that the ap- proval term is for 3 years. Conservation Commission March 10, 2020 Meeting Minutes Page 4 of 8 Herbster moves to issue a Negative 3 determination with the conditions as discussed. Dines sec- onds. The motion carries 6 -0. New: 572 Essex Street/ Long Hill — tree removal — Josh Hasenfus, The Trustees Pirrotta reads the legal notice. Josh Hasenfus of The Trustees representing the applicant, details the proposed tree cutting to open and restore scenic vistas at the site. The intent is to open the sky views at select locations. The wetlands have been flagged by Hancock Associates. He assures the Commission that no debris will be left in the buffer zone, and there will be fencing that demar- cates the buffer zone. There will be hand cutting and winching to the adjacent woodlands in or- der to remove debris. There is no work proposed within the resource area itself. Buchsbaum in- quires if there will be any planting to which Hasenfus replies there is no replanting proposed at this time. All growth will be maintained as part of a long -term restoration project at Sedgwick Gardens. There being no further questions or comments on the matter, Dines moves to issue a Negative 3 Determination with the conditions as discussed. Herbster seconds. The motion carries 6 -0. New: 0 Brimbal Avenue (Otis Road) — install utility poles and associated vegetation removal along an existing roadway — BWC Rams Horn Channel, LLC Pirrotta reads the legal notice. David Cowell of Hancock Associates, representing the applicant, describes the proposed work including installation of utility poles and associated vegetation re- moval along an existing roadway. Cowell notes the poles will be installed via bucket trucks from the existing road. When and where appropriate there will be tree trimming and minimal tree cut- ting in order to assure proper tree clearance from the overhead wires. Cowell notes they intend to use a native seed mix for erosion control and stabilization. He addresses an outstanding Order of Conditions on the property with specific questions regarding the status of a potential vernal pool where there is an isolated vegetated wetland. He asks about receiving approval for the project while they determine who is responsible for the outstanding Order. Pirrotta confirms the out- standing Order was issued originally to Jeff Lawler for sewer and water utility installation within the road. Bertoni would like the applicant to investigate and respond to the Commission with their findings on the outstanding Order of Conditions. There being no further questions or comments on the matter, Dines moves to issue a Negative 3 Determination with the conditions as discussed. Buchsbaum seconds. The motion carries 6 -0. New: 0 Essex Street (Off Otis Road) — establish a vegetation maintenance corridor and maintain gravel access road — BWC Rams Horn Channel, LLC Pirrotta reads the legal notice. Max Lamson of TRC Companies represents the applicant and notes that the Commission previously issued a Determination of Applicability for the installation of the utility poles. The work they are now seeking approval for is the access road which comes off the solar field within the 100 -Foot Buffer Zone. The applicant also seeks approval to use and maintain the historically existing access road connecting to this area. The roads will require Conservation Commission March 10, 2020 Meeting Minutes Page 5 of 8 maintenance to keep the power lines clear, improvements to the road, and installation of stone and gravel as needed. Pirrotta confirms she completed a site visit. There being no further questions or comments on the matter, Dines moves to issue a Negative 3 with the conditions as discussed. Herbster seconds. The motion carries 6 -0. REQUESTS FOR CERTIFICATE OF COMPLIANCE Cont: 35 Standley Street, DEP 95 -704 — improve driveway and student drop- off /pick -up areas, add parking lot, relocate tennis court — Waring School This request was previously continued to the April 28, 2020 meeting by request of the applicant. Cont: 9 Kinsman Street, DEP 45 -1222 — construct a single- family residence with associated driveway, utilities, and landscaping — MPM Companies, LLC This request was previously continued to the June 30, 2020 meeting, at the request of the appli- cant. New: 400 Hale Street, DEP 45 -952 — construct new building, associated grading and site work for utilities and stormwater management — Endicott College Chris Broyles of Meridian Associates, representing the applicant, highlights the work completed under the Order of Conditions. Broyles details the minor deviations from the approved plans in- cluding readjustment of the walkway for better pedestrian circulation and installation of a green roof on the building. Where a drain was previously approved, a swale was installed instead; this was installed 13 years ago and is functioning with no problems. The overflow drain or the flared end was not constructed and it has been determined the sand filter is working properly with no erosion issues or flooding problems along the walkway. Pirrotta confirmed she performed a site inspection and the site was stable. There being no further questions or comments on the matter, Dines moves to issue a Complete Certificate of Compliance and notes the swale should be continued to be maintained. Herbster seconds. The motion carries 6 -0. New: 5 Pilgrim Heights, DEP 95 -1147 — construct detached garage, driveway, and landscapes features and reconstruct an existing pier — David & Amy Dines David Dines recuses himself as this is his property. Bob Griffin representing the applicant describes the work to repair a retaining wall and construct a garage. The site is reported to be in stable condition and the landscaping work is complete, with no deviations to the plans. A Minor Modification to the Order of Conditions was previously issued which removed the replacement and reconstruction of the existing pier and float. Pirrotta completed a site inspection and confirms the site is stable and work was completed as discussed. Conservation Commission March 10, 2020 Meeting Minutes Page 6 of 8 There being no further questions or comments on the matter, Grandoni moves to issue a com- plete Certificate of Compliance with the perpetual conditions as noted. Buchsbaum seconds. The motion carries 5 -0 -1 with Dines abstaining. New: 2 Whitaker Way, DEP 45 -387 — construct garage addition and deck on existing house — Robert LeBlanc Bob Griffin representing the applicant summarizes the work completed under the Order of Con- ditions, which was issued in 1991. Griffin reports that the site is in stable condition and the prop- erty owner would like to close out the Order. A shed is located on blocks within the 25 -Foot No Disturbance Zone and has been located there likely before the Order was issued, approximately 37 years ago. There are no erosion issues, no flooding. Pirrotta completed a site visit and con- firms that the site is stable. There being no further questions or comments, Dines moves to issue a Complete Certificate of Compliance with the perpetual conditions as discussed. Grandoni seconds. The motion carries 6- 0. OLD /NEW /OTHER BUSINESS ENFORCEMENT ORDERS Cont: 10 Tall Tree Drive Pirrotta provides an update to the Commission and notes that the Commission is waiting on addi- tional information from the applicant. The applicant has contacted LEC Environmental for the preparation of a restoration plan as described in the updated enforcement order issued by the Commission at the last meeting. Cont: 82 River Street Pirrotta provides an update that the applicant is collaborating with a consulting company to de- velop a draft restoration plan for the Commission to review at the March 31, 2020 meeting. Cont: 7R Netherton Avenue Bob Griffin represents the client. Portions of the property where unauthorized work occurred is to become open space associated with the work at Sunnycrest Circle. Griffin details the work within the buffer including tree removal and fill. Restoration work would include fill and debris removal and replanting. A seed mixture would be spread in addition to the plantings. Pirrotta performed a site visit and documented conditions prior to the restoration work. Dines moves to issue an updated enforcement order to include implementation of the restoration plan. Squibb seconds. The motion carries 6 -0. Cont: 2 Farms Lane Pirrotta provides an update to the Commission that Mr. Pinstein is in discussion with environ- mental consultants and is working to provide a Notice of Intent per the Enforcement Order and will provide an update at the March 31, 2020 meeting. Conservation Commission March 10, 2020 Meeting Minutes Page 7 of 8 Violation Notice -112 Valley St — Rebecca Roy The applicant provided a draft RDA for portions of work that were already completed. Becky Roy is seeking more feedback regarding the RDA. Roy informs the Commission she has stopped mowing and removed the "middle" bridge across the stream. She was not able to move the shed and the removal will take time since they require assistance. She informs the Commission she wants to propose putting up a fence across the stream along the property line. Bertoni recom- mends issuing an enforcement order for the work and notes that the fence would be discouraged within the No Disturbance Zone. The Commission discusses that the removal of the retaining wall would be more disruptive and discusses including it on the restoration plan but that there be no future repair to the wall. It is also recommended that Roy follow up with a wetland scientist for the suggested restoration plan. Dines moves to issue an enforcement order for the property owner to provide a restoration plan for the unpermitted activities due 7 days prior to the April 28, 2020 meeting. Squibb seconds. The motion carries 6 -0. 7 Hemlock Street — Eric Swanzey Eric Swanzey of 7 Hemlock Street expresses concern with vehicles crossing the stream at 112 Valley Street. Bertoni reminds all public present that the focus of the Commission is on wetland issues and permitting issues and that not all neighborly disputes will be resolved within Commis- sion meetings as it is not their purview. Michael Habich of 98 Valley Street, provides history to the cul -de -sac that was never constructed off of Valley Street and property lines in response to Swanzey's comments. Habich explains there was a right of way that was deeded for utility ac- cess on his property and that he is the owner of the right of way property. The discussion returns to the 7 Hemlock Street property and Habich and Roy express upset re- garding the alleged stream blockage and upstream flooding. Squibb suggests another site walk by the Commission to further assess the situation. The Commission receives approval from all three present neighboring property owners to walk along their properties and conduct another site visit. A tentative site walk is scheduled for March 21, 2020 at 8 am. Robert Buchsbaum left meeting at 10 pm, but signed the documents that the Commission voted to issue, as appropriate prior to his departure. TREE REMOVAL REQUESTS 8 Thomas Road The applicant is requesting to remove three poplar trees that appear to be have been required as part of past restoration plantings. The tops of the tree branches are touching the home and the ap- plicant is requesting their removal in order to avoid damage to the structure. Pirrotta suggested the Commission require replanting elsewhere on the property, but the lot is constrained with minimal lawn area surrounded by wetlands. Dines moves to issue the tree removal authorization with the conditions as discussed. Grandoni seconds. The motion carries 5 -0. Conservation Commission March 10, 2020 Meeting Minutes Page 8 of 8 MINOR PROJECT PERMITS Pirrotta reports she issued a Minor Project Permit at 20 Bates Park Avenue for deck construction near the edge of the 100 -Foot Buffer. The Commission reported no objections. NEW: Waring School Soccer Field Encroachment Pirrotta reviews past meeting notes on the encroachment issue with the Commission. The Assis- tant City Solicitor last provided information to the Commission in April 2019. The Assistant City Solicitor proposed to the owners a solution to perform a land swap with the City for land occu- pied by the soccer field. That offer is being held up as it was later discovered that the property is held in a public trust. The Commission further discusses and debates the encroachment issue to the donor's original intent of the property. Pirrotta confirms for the Commission the current op- tion is to request the Solicitor's Office take up the issue to proceed with removing the encroach- ment. Members discuss other creative solutions and alternative sites for the encroachment issue. Grandoni moves that the Commission send a letter to the Solicitor's Office for them to take up the issue to remove the encroachment from City property. There is no second as Herbster and Dines abstain. Squibb votes no. Bertoni is in favor. The motion carries 2 -2 -1 and no action is taken. EXPENDITURE APPROVALS Pirrotta describes expenses related to mileage for the month of February 2020 totaling 54.1 miles at 45 cents per mile in the amount of $24.35 to carry out work pertaining to the Commis- sion. Herbster moves to approve the expense. Squibb seconds. The motion carries 5 -0. Squibb moves to approve the expenditure of $375 ($ 175 each) for Pirrotta, Buchsbaum, and Ber- toni to attend the Massachusetts Association of Conservation Commissions Annual Conference. Herbster seconds. The motion carries 5 -0. Dines moves to approve the Conservation Agent's annual stipend of $6,000.00. Squibb seconds. The motion carries 5 -0. ADJOURNMENT Herbster moves to adjourn the meeting at 10:56 p.m. Dines seconds. The motion carries 5 -0. The next regular meeting of the Conservation Commission is Tuesday, March 31, 2020 at Beverly City Hall, 3rd Floor Council Chamber.