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6-30-20 Con Com minutes - FINALCITY OF BEVERLY PUBLIC MEETING MINUTES BOARD OR COMMISSION SUBCOMMITTEE: DATE: LOCATION: MEMBERS PRESENT: MEMBERS ABSENT: STAFF PRESENT: OTHERS PRESENT: RECORDER: Conservation Commission None June 30, 2020 Remotely held meeting through Google Hangouts Meet Chair Christine Bertoni, Vice Chair Robert Buchsbaum, Stephanie Herbster, William Squibb, Richard Grandoni, David Dines None Jenna Pirrotta, Environmental Planner Sharlyne Woodbury Chairperson Bertoni calls the meeting to order at 6:34 p.m. Bertoni reads the virtual meeting guidelines and notes that the meeting is being held in accordance with temporary Open Meeting Law adjustments due to the State of Emergency associated with the COVID -19 outbreak. APPROVAL OF MINUTES June 11, 2019 The Commission reviews the draft minutes and offers edits. Buchsbaum moves to approve the June 11, 2019 minutes as amended. Squibb seconds. The motion carries 6 -0. May 19, 2020 The Commission reviews the draft minutes. Dines moves to approve the May 19, 2020 minutes as written. Buchsbaum seconds. The motion carries 6 -0. RECESS FOR PUBLIC HEARINGS Squibb moves to recess for public hearings. Buchsbaum seconds. The motion carries 6 -0. NOTICES OF INTENT /ABBREVIATED NOTICES OF INTENT /REQUESTS FOR AMENDED ORDERS OF CONDITIONS Cont 167 West Street, DEP 45 -1290 — demolish and reconstruct a single- family house with associated appurtenances — Marc & Heather Hazel Bob Griffin of Griffin Engineering describes the modifications from the earlier version of the proposed site plan including a change in driveway materials from pervious to impervious, but notes that the existing driveway is impervious. Discussion continues to the stormwater mitigation and Griffin describes how the landscaping plan compensates for the runoff. Members discuss the location of the flood zone and whether compensatory flood storage is applicable to consider. Griffin confirms that the flood area is Land Subject to Coastal Storm Flowage and the elevation at the pool may have some splash over as a result of coastal storms. Bertoni explains a gap should be located underneath the fence to allow flood waters to flow. Griffin confirms there is no proposed work on the seawall with the exception of the stair renovation near the dock. There were no comments from the public. Buchsbaum moves to close the hearing. Herbster seconds. The motion carries 6 -0. Cont 181 Elliott Street, DEP #5 -1296 — flood mitigation measures — City of Beverly c/o Michael Collins Per a request by the applicant, Dines moves to continue the hearing to the July 28, 2020 meeting. Herbster seconds. The motion carries 6 -0. Conservation Commission June 30, 2020 Meeting Minutes Page 2 of 8 Cont 32 Dunham Road, DEP 95 -1300 — well and berm installation, landscaping, and debris removal — Quinn Brothers c/o John Coughlin . Elizabeth Wallis of Hayes Engineering represents the applicant. Wallis describes the proposal for a variety of property improvements and to complete outstanding items from an expired Order at the property. Plantings that were required from the expired Order were never installed. The proposed site plan was revised after the Commission's June 14, 2020 site inspection and notations were added on the trees to be removed or trimmed, a note on bird box installation was included, and the grass strip along the access drive was reduced in width. Commissioners agree the site visit was helpful to understand site conditions. Squibb recaps the discussion from the site inspection regarding the trees to be removed versus retained or trimmed and Commissioners agree on the discussion. Commissioners also note that as much of the bittersweet and invasive species as possible shall be removed, and then discuss complete tree trunk removal for two fallen trees. There were no comments from the public. Buchsbaum motions to close the hearing. Dines seconds. The motion carries 6 -0. New: 50 Dunham Road, DEP 45 -1303 — construction of a new commercial building and parkin a Dunham Ridge, LLC Bertoni notes that a DEP file number was issued for the project, as none was available when the agenda was posted. Pirrotta reads the legal notice. Mike Aveni represents the applicant and introduces the project team including Mark Sleger and Steve Drohosky with Cummings Properties and Maureen Herald of Norse Environmental Services. Aveni details the work proposed in the northeast area of the site. Discussion centers on the encroachment into the 100 -Foot No Disturbance Zone associated with the Vernal Pool and the 100 - Foot Buffer of the wetland resources associated with Norwood Pond. The applicant proposes to construct a new commercial building structure with a parking lot. Commissioners discuss the proposed stormwater drainage system to collect water off the new impervious surfaces. Herald confirms the pools were flagged and located on the plan. Pirrotta notes she conducted a site visit June 26, 2020. Bertoni opens the floor for questions from the Commissioners. Squibb inquired about the location of the third vernal pool. Aveni discusses the north side of the proposed building and the associated vernal pools in the area. Buchsbaum inquires about encroachment in the No Disturbance Zone and notes he believes the site is not the right place for the type of structure that is proposed considering proximity to sensitive resources in the area. Commissioners agree with Buchsbaum's assessment. Per Squibb, at minimum the building should be oriented differently to minimize adverse impacts. Bertoni inquires about the amount of impervious area and whether this triggers additional MEPA review. Aveni confirms a Notice of Project Change was submitted to the state and that a Draft and Final Environmental Impact Report will be required which includes any updates based on the current proposal before the Commission. The Planning Department provided comments regarding the Notice of Project Change. Aveni confirms the applicant is in the process of completing a wildlife habitat survey. Per Pirrotta, the Commission received three comment letters from members of the public. These letters will be provided for the Commission to take under advisement. Letters were received from Pamela Kampersal of 241 Dodge Street; Mary Gundy of 39 Beaver Pond Road; and Cathy Burack of 6 Brimbal Hill Drive. Bertoni opens the floor to the public. Paul Goodwin of 26 Pondside Drive expresses concern for the water runoff and the work being in close proximity to protected areas. David Alden -St. Pierre of 179 Dodge Street expresses concern for additional buildings in the area and the how the recently constructed buildings in the area are changing the character of the natural area around the pond. Alden -St. Pierre notes that the area is becoming too industrialized and he believes the proposed building closely borders City land with too much encroachment into protected areas. Kathleen Feldman, Ward 5 City Councilor, notes she is not in favor of the location of the proposed building and parking area and neither are the residents she has heard from in her ward. She believes the area has too Conservation Commission June 30, 2020 Meeting Minutes Page 3 of 8 much construction already and that the land cannot sustain nor support more development. Commissioners schedule a site visit for Saturday, July 11, 2020 at 8 a.m. and confirm that the public is welcome to attend the site visit. Dines moves to continue the hearing to the July 28, 2020 meeting. Buchsbaum seconds. The motion carries 6 -0. New: 90 Bridge Street, DEP File 95 -1305 — rehabilitation of an existing house, garage reconstruction, and associated site work — GSC Management LLC c/o Saverio Fulciniti Pirrotta reads the legal notice. George Zambouras represents the applicant and describes the proposed work which is located partially within the 100 -Foot Buffer to Bordering Vegetated Wetlands. There is an existing residential house and existing garage on the property and the proposed work is located greater than 50 feet from the wetland. Existing dormers on the house would be removed and a full second floor would be added. Zambouras details the garage removal and replacement and deck construction. The work would result in an overall reduction of impervious area on the property due to a smaller replaced garage footprint than what currently exists. An existing tree is proposed to be removed, as branches have come down during recent storms and abutters requested it be removed to avoid property damage. Bertoni suggests replacing the tree and requested information on the type of the existing tree. Per Pirrotta, a DEP file number has not yet been issued for the project. There were no comments from members of the public. Dines moves to continue the hearing to the July 28, 2020 meeting. Buchsbaum seconds. The motion carries 6 -0. New: 5 Leather Lane, DEP File # 5 -1301 — construct a building addition, garage, and associated appurtenances — Nicholas & Jennifer Lamson Pirrotta reads the legal notice. Michael DeRosa of DeRosa Environmental represents the applicant and describes the proposal to construct an attached garage addition, screened -in porch, back screen porch and deck; and conduct grading, tree removal, and installation of a new driveway. A landscaping plan was provided which includes mitigation plantings and it is noted that all grading is kept outside of the 25 -Foot No Disturbance Zone. DeRosa details the planting plan which proposed the use of low- maintenance native species with a variety of colors, and notes the planting area will be left to naturalize. DeRosa describes the plan for stormwater infiltration resulting from new runoff. An approximately 900 square foot area of invasive species would be removed. Commissioners ask about the long -term maintenance plan for invasive species at the site. Herbster inquires to the existing fire pit and whether other orientations of the proposed structure were considered that would minimize the proximity of construction to the wetland resources. DeRosa notes that the site is constrained by property line setbacks in addition to the steep slope. Bertoni comments on the amount of grading on site. Commissioners schedule a site visit for Saturday, July 11, 2020 at 9:30 a.m. and request that the corners of the garage be staked in the field. There were no comments from members of the public. Dines moves to continue the hearing to the July 28, 2020 meeting. Buchsbaum seconds. The motion carries 6 -0. New: 175 & 179 West Street, DEP #5 -1302 — construction of a building addition, basketball court, associated appurtenances, and improvements to an existing seawall — Gerhard Schulmeyer Michael DeRosa of DeRosa Environmental represents the applicant and describes the proposed project, noting an existing house will be removed and two adjacent lots will be combined. DeRosa notes there are several resource areas in proximity to the site and details the planting plan and native species to be added to the property. There is an overall reduction in impervious surfaces due to the building removal at the 179 West Street lot under a separate Order of Conditions (DEP File 45- 1292). Flood mapping of the property is Conservation Commission June 30, 2020 Meeting Minutes Page 4of8 reviewed and discussed. Per Bertoni, Land Subject to Coastal Storm Flowage is present on site and inquires if the existing seawall has a valid Chapter 91 License. The Commission schedules a site visit for Saturday July 11, 2020 at 10 a.m. There were no comments from members of the public. Dines moves to continue the hearing to the July 28, 2020 meeting. Herbster seconds. The motion carries 6 -0. New: 16 Fosters Point, DEP File #5 -1304 — construction of a garage addition and associated appurtenances — Julie Tsakirgis Pirrotta reads the legal notice. Kristan Farr of Hancock Associates, represents the applicant and describes the proposed project. The property is located on the Danvers River and the project is for the addition of a garage, deck, and associated work at an existing single family house. Farr notes that a waiver request was provided for the work proposed within the 50 -Foot No Build Zone including the deck extension. Buchsbaum inquires about alternatives. Farr notes that for the next meeting, alternatives would be provided and acknowledges that a DEP file number has not yet been issued for the proposed work. Commissioners discuss the elevation change between the deck and the house, and Farr notes the site is flat. The first -floor deck would be extended out with three steps off the structure and the upper level deck would follow a similar configuration as the lower level. Commissioners note concern with the extension towards the resource area. Bertoni inquires if there would be any new footings or if the existing supports would be used. Bertoni inquires about the outstanding Order of Conditions. Per Farr they are filing for the Chapter 91 License for the dock, and the salt marsh restoration plantings have been installed in accordance with the previous Order of Conditions. The Commission schedules a site visit for Saturday July 11, 2020 at 11 a.m. There were no comments from members of the public. Squibb moves to continue the hearing to the July 28, 2020 meeting. Dines seconds. The motion carries 6 -0. RECONVENE REGULAR MEETING Squibb moves to reconvene the regular meeting. Herbster seconds. The motion carries 6 -0. REOUESTS FOR DETERMINATION OF APPLICABILITY New: 4 Jacobs Avenue — deck installation — Michael Broderick Pirrotta reads the legal notice. Michael Broderick, property owner, describes the proposed work which includes building a deck facing the Danvers River waterfront. Broderick describes the existing riprap slope and location of an existing fence at the top of the slope near the edge of the lawn. Bertoni notes that the jurisdictional buffers were not indicated on the plans. Bertoni confirms the majority of the proposed deck would be within the 50 -Foot No Build Zone. Squibb seeks clarification on the submitted drawings, noting the property line runs through the house. Broderick describes that the house was built in 1890 on a nonconforming lot. The other lot line runs through the neighboring house. Broderick describes the average tide height which is below the level of the lawn. Commissioners inquire if the deck size can be reduced. Broderick describes that the proposed deck is within an existing lawn area and notes that there is limited yard space. Commissioners suggest that stone be added beneath the deck in order for water to infiltrate and erosion to be minimized. Broderick describes the egress of the house and the existing back door. The Commission schedules a site visit for Saturday July 11, 2020 at 11:30 a.m. Herbster moves to continue the discussion to the July 28, 2020 meeting. Squibb seconds. The motion carries 6 -0. New: 13 Butterworth Road — tree removal and replanting — John Caulmare Pirrotta reads the legal notice. John Caulmare, property owner, describes the property which borders on the north side of the North Beverly Elementary School. There is an existing single - family home and the property Conservation Commission June 30, 2020 Meeting Minutes Page 5 of 8 slopes down to an intermittent stream. Caulmare details the tree removal of a row of white pine trees which were planted about 50 years ago. The trees are over 70 feet tall and are within falling distance of the house and other properties, and Caulmare is concerned with danger of the trees falling, as one had recently fallen. Caulmare received input from a certified arborist and noted their recommendation for replanting of trees in kind, as mitigation. Caulmare notes the tree removal equipment will be operated from paved surfaces and that the stumps will be left in place. The planting area will be left to naturalize and Caulmare is open to planting other species. Buchsbaum and Caulmare discuss other planting options. Commissioners describe conditions such as no mulching, and coordination with the Conservation Agent should other replacement shrubs or trees and be proposed. There being no further questions or comments, Buchsbaum moves to issue a Negative 3 Determination with the conditions as discussed, in accordance with the MA Wetlands Protection Act and Beverly Wetlands Ordinance. Dines seconds. The motion carries 6 -0. REQUESTS FOR CERTIFICATES OF COMPLIANCE Cont: 32 Dunham Road, DEP #5 -500 — building addition and parking area — Essex County Newspapers, Inc. Elizabeth Wallis of Hayes Engineering represents the applicant and describes the request for a partial Certificate of Compliance for an expired Order of Conditions. Wallis describes work performed to date and that outstanding items would be completed under the work authorized under DEP File 45 -1300. Plantings and stormwater basin maintenance are required, and the building construction, parking area, and wetland berm have been completed. There being no further questions or comments, Dines moves to issue a partial Certificate of Compliance. Grandoni seconds. The motion carries 6 -0. OLD /NEW /OTHER BUSINESS Enforcement Orders Cont 10 Tall Tree Drive — Kathleen Martens Glenn Krevosky of EBT Environmental represents the applicant and reviews the Enforcement Order and work previously approved under a Determination of Applicability. Krevosky details the wood deck, the fire pit, and associated appurtenances. The fire pit, stone patio, construction debris will be removed. A restoration plan that includes removal of the unauthorized work, restoration plantings, and removal of invasive species will be submitted in time to review at the August 19, 2020 meeting. Cont: 82 River Street — Chris Movnihan Michael DeRosa of DeRosa Environmental represents the applicant and describes the updated restoration plan, which the applicant would like to implement. DeRosa recaps the letter from the Open Space and Recreation Committee regarding a potential temporary pedestrian access easement at the property along the waterfront. The applicant would like to consider the access easement at a later date. Commissioners discuss moving forward with the restoration plan and note that an easement could be implemented separate from the restoration, but that they are in favor with creating an easement. DeRosa reports they are still looking into the status of the Chapter 91 License at the site. The Commission notes the erosion controls need immediate attention, as the silt fence is falling down in some areas. Buchsbaum moves to amend the Enforcement Order to require implementation of the restoration plan as presented, to be completed by mid - October 2020. Squibb seconds. The motion carries 6 -0. Conservation Commission June 30, 2020 Meeting Minutes Page 6 of 8 Cont 22 Hobart Avenue — Joe Grein Len Femino of Alexander & Femino represents the property owner Joe Grein. Femino describes a memo he previously provided to the Commission in response to the Enforcement Order regarding a statute of limitations for the Commission to act on work without a permit. Grein believed the project was in compliance with state and local wetlands regulations, but there is no documentation of approvals from the property owner or Conservation Commission files. Per Femino, the property owner received all applicable approvals. Per Pirrotta, the Solicitor's Office is still reviewing Femino's memo regarding the statute of limitations and the Commission is awaiting the Solicitor's response. Femino provided a site plan of the proposed house reconstruction work, before it was completed in 2007. The plan is over a decade old and does not reflect as built conditions or indicate there was Conservation Commission approval. The Commission agrees there is no vote to take and this will be reviewed at the following meeting. New: 24 Paine Avenue — Al Nunes - potential violation Pirrotta reports that a complaint was raised about the addition of gravel at the property to create a gravel path within proximity to wetlands. Pirrotta met with the property owner earlier on the day of the meeting and observed an earthen berm that is used to direct water from the street to the intermittent stream. The property owner claims to add about 100 to 200 cubic yards of fill to the berm every year. The property owner is not present but noted that he does not believe he needs Conservation Commission approval for any work that he has done on his property. Pirrotta noted it was difficult to determine what was old or new work. Commissioners discuss a plan that was prepared for the property for septic work in the past. The Commission would like to review the plan and ensure that the property owner has a copy. Tree Removal Requests Pirrotta reports there are no new tree removal requests. Minor Project Permits, If Any 275 Hale Street - Pirrotta reports she issued a Minor Project Permit for the repair of masonry stonework on an existing house within the 100 -Foot Buffer to salt marsh. The Commission reported no objections. 24 Noble Hill Road — Pirrotta reports she issued a Minor Project Permit for the replacement of existing deck, within the same footprint, outside of the 50 -Foot No Build Zone. The Commission reported no objections. 11 Yankee Way — Pirrotta reports issuance of a Minor Project Permit for the replacement of an existing deck, within the same footprint, outside of the 50 -Foot No Build Zone. Cont Waring School soccer field encroachment There are no updates to report. Cont Beverly Airport — update on Vegetation Management Program — Airport Solutions Group There are no updates to report. Other: Discussion or Action Items Related to Commission Business. Correspondence, etc. Received /Issued After Publication of Agenda Buchsbaum currently serves as the Conservation Commission representative on the Community Preservation Committee (CPC). CPC staff noted to Pirrotta that Buchsbaum term may be expiring soon and Pirrotta will review the dates. Grandoni and Bertoni's terms are reviewed and it is noted that they will expire on June 30, 2020. Pirrotta will follow up on renewal of the terms. Conservation Commission June 30, 2020 Meeting Minutes Page 7 of 8 Expenditure Approvals Pirrotta reports she traveled 85.7 miles while carrying out Conservation Commission duties for a total of $38.56. Dines moves to approve mileage expenses for Pirrotta. Squibb seconds. The motion carries 6 -0. The Commission received an invoice for membership renewal for the Massachusetts Association of Conservation Commissions. Dines moves to approve membership and e- handbooks for MACC in the amount of $618. Herbster seconds. The motion carries 6 -0. ORDERS OF CONDITIONS 167 West Street — DEP File #5 -1290 The Commission discusses issuing the Order of Conditions under the Wetlands Protection Act and Beverly Wetlands Ordinance, with standard general conditions and the following special conditions: 1. The Operation & Maintenance of all stormwater BMP's shall be adhered to per the manufacturer's specifications. This condition shall survive in perpetuity beyond the issuance of a complete Certificate of Compliance. 2. Erosion controls shall be installed as shown on the plan and shall serve as the limit of work. 3. The Commission shall not issue a Certificate of Compliance until the mitigation plantings exhibit 75% survivorship for not less than two growing seasons after their installation. A complete Certificate of Compliance shall not be issued until said survivorship is verified. 4. All debris shall be removed offsite and properly disposed of offsite at an appropriate facility. 5. If the existing copper water line needs replacing, replaced line shall be located within the driveway and removed from within the wetland. Crushed stone shall be added beneath the deck. A gap shall be maintained at the bottom of the fence to allow for potential water flow. This Order does not permit any work to be conducted on the existing seawall, except for the work as proposed relating to the replacement of the stairs to the beach and the overflow drain. Dines moves to issue the Order of Conditions under the Wetlands Protection Act and Beverly Wetlands Ordinance, with standard general conditions and the special conditions, as discussed. Buchsbaum seconds. The motion carries 6 -0. 32 Dunham Road — DEP File #5 -1300 The Commission discusses issuing the Order of Conditions under the Wetlands Protection Act and Beverly Wetlands Ordinance, with standard general conditions and the following special conditions: 1. The two silky or red osier dogwood plantings and wetland seed mix as described in the NOI application are required and shall be installed /spread as proposed. 2. The applicant shall submit a request for a Complete Certificate of Compliance for the work approved under DEP File 45 -500 once the work is completed including any required monitoring. 3. Invasive plant species that are cut for removal shall be bagged for proper removal off -site and not composted. 4. The existing debris onsite including concrete, tires, etc. shall be removed and disposed of at an appropriate off site facility. Only hand tools shall be used within the resource area for the installation of plantings and tree /trash debris removal. 5. Accumulated sediments from within the wetland shall be removed by hand and shall be removed either off -site or outside of the 100 -Foot Buffer. Erosion controls shall be in place along the berm prior to work in this area, as described in the NOI application. 6. There shall be no mulching or mowing in the mitigation planting area and the area shall be left to naturalize. This condition shall be on going beyond the issuance of a Certificate of Compliance. Conservation Commission June 30, 2020 Meeting Minutes Page 8 of 8 7. The downed trees proposed for removal shall be cut and lifted out, with no heavy equipment within the wetland. 8. The grass strip along the access drive shall be a maximum of 5 feet wide. Signs shall be installed at approximate 25 -foot increments noting the no -mow area at the back of the grass strip. Said signs /monuments shall be installed such that they are not less than 2 feet and no more than 4 feet above grade to ensure that it is visible in the field. 9. Not less than four weather resistant signs or monuments, bearing the following language on their upland side "Protected Wetland Resource Area - No Disturbance Beyond This Point Per Order of Beverly Conservation Commission" shall be installed on the 25 -Foot No Disturbance Zone (or closer in areas adjacent to the parking lot). Said signs /monuments shall be installed such that they are not less than 2 feet and no more than 4 feet above grade to ensure that it is visible in the field. 10. The markers as described in Special Conditions 48 & 9 above shall be kept in good repair and replaced as necessary. This condition shall survive in perpetuity beyond the issuance of a Certificate of Compliance. 11. The installation of 3 -4 bird boxes on the site is required, as discussed at the Commission's site walk on June 14, 2020 and as noted on the revised plan. A specification of the bird boxes should be submitted to the Conservation Agent for approval prior to installation. Consideration should be given for the installation of screech owl boxes. 12. The trees adjacent to the parking lot including the 16" maple, 12" black cherry, and 12" maple shall be retained, as discussed at the Commission's June 30, 2020 meeting. Buchsbaum moves to issue Order of Conditions under the Wetlands Protection Act and Beverly Wetlands Ordinance, with standard general conditions and the special conditions, as discussed. Squibb seconds. The motion carries. 6 -0. ADJOURNMENT Dines moves to adjourn the meeting at 10:30 p.m. Buchsbaum seconds. The motion carries 6 -0. The next regular meeting of the Conservation Commission will be Tuesday, July 28, 2020 at 6:30 p.m.