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Con Com Minutes 1_5_2021 - finalBeverly Conservation Commission January 5, 2021 Meeting Minutes Page 1 of 8 CITY OF BEVERLY PUBLIC MEETING MINUTES BOARD OR COMMISSION: Beverly Conservation Commission SUBCOMMITTEE: DATE: January 5, 2021 LOCATION: Remotely held meeting through Google Hangouts Meet MEMBERS PRESENT: Chair Christine Bertoni, Vice Chair Robert Buchsbaum, Stephanie Herbster, Richard Grandoni, David Dines, William Squibb, David Alden -St. Pierre MEMBERS ABSENT: OTHERS PRESENT: Environmental Planner Jenna Pirrotta RECORDER: Sarah Scott - Nelson Bertoni calls the meeting to order at 7:01 p.m. Bertoni confirms member and staff access and welcomes the Commission's new member, David Alden -St. Pierre. 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 out- break. Bertoni also notes that for meetings in 2021, the Commission will attempt to end the meetings by 10:00 p.m. and continue or reschedule discussion as needed. APPROVAL OF MINUTES December 8, 2020 The Commission reviews the draft minutes and offers edits. Herbster moves to approve the De- cember 8, 2020 minutes as amended. Seconded by Grandoni. The motion carries 7 -0. RECESS FOR PUBLIC HEARINGS Squibb moves to recess for public hearings. Seconded by Herbster. The motion carries 7 -0. Notices of Intent /Abbreviated Notices of Intent/Requests for Amended Orders of Condi- tions Cont.: 91 Lothrop Street, DEP File #5 -1313 — construct an in- ground pool with patio and pool house, landscaping, and associated appurtenances — Daniel & Daniella Mammola Pirrotta reports that the applicant has requested to continue the hearing to the next meeting. Squibb moves to continue to the January 26, 2021 meeting. Seconded by Grandoni. The motion carries 6 -0 -1, with Alden St. Pierre abstaining. Cont.: 7 Juniper Valley Court, DEP File #5 -1295 — request to amend Order of Conditions — Alexander & Emily Kontos Evin Guvendiren of DeRosa Environmental, representing the applicant, recaps the Commission's site visit and summarizes the plan revisions, including the extension of the pea stone area to help Beverly Conservation Commission January 5, 2021 Meeting Minutes Page 2 of 8 with infiltration of the roof runoff as well as the addition of a flat boulder at the rear gutter outlet. Herbster asks about the difference in fill compared to what was originally approved. In response to a question from Squibb, Guvendiren confirms that no work will occur in the area of the pro- posed patio until the spring of 2021. Bertoni suggests a letter be sent to the contractor regarding the importance of the adhering to the approved plans. Buchsbaum moves to close the hearing, noting that no additional conditions are necessary. Dines seconds. The motion carries 6 -0 -1, with Alden- St. Pierre abstaining. New: 38 Standley Street, DEP File #5 -1315 — review and affirm the extent of wetland re- source areas delineated — Warin2 School Inc. c/o Tim Bakland Pirrotta reads the legal notice. Bob Griffin of Griffin Engineering, representing the applicant, ex- plains the request for the affirmation of the delineated resource areas on the site. Grandoni asks about the purpose of the delineation. Griffin notes that there may be plans to subdivide the prop- erty with two additional house lots eventually, and an Order of Resource Area Delineation would be required as the first step. Griffin describes the wetland resource lines as delineated on the plan by Rimmer Environmental. Squibb asks if the plan is to demolish the existing house and where the two new houses will go. Griffin states that the existing house would remain but be renovated, and the two new houses will be on the left of the existing house. Bertoni expresses concern about whether the bank -full conditions were considered with the de- lineation of the Mean Annual High Water Line and asks whether the stream is perennial. Griffin states that stream is shown as perennial and that regardless of perennial or intermittent status of the stream, it will not pose a problem for the future project. Mary Rimmer of Rimmer Environ- mental joins the meeting. The Commission asks about comparison of this delineation compared to the previous Order of Resource Area Delineation issued for the site. Pirrotta will send a copy of the earlier plan to Griffin and Rimmer. Rimmer comments that parts of the stream are more well - defined, and that she has not seen evidence of vernal pools on the site. Bertoni asks for clar- ification on the response from Mass Natural Heritage and Endangered Species Program staff re- garding the absence of priority habitat and also about reviewing delineations in the winter. Rim - mer comments that it would be easier to access the bank of the stream in the winter than the spring, as the soft ground would be frozen. Bertoni comments that her concern is about the vege- tation that would not be visible at the current time of year. Grandoni moves to waive the requirement that resource area delineations are reviewed between April 15th and October of each year. Seconded by Buchsbaum. The motion carries 5 -2, with Ber- toni and Squibb voting no. The Commission schedules a site visit for 8:00 a.m. on Saturday Jan- uary 9, 2021 to review the delineations. There were no comments from members of the public. Buchsbaum moves to continue the hearing to the January 26, 2021 meeting. Seconded by Gran- doni. The motion carries 7 -0. New: 134 McKay Street, DEP File #5 -1314 — City of Beverly Pirrotta reads the legal notice. Susan McArthur of BSC Group, representing the applicant and William Lowd of Beverly Golf & Tennis Commission, and Chris Carter and Steve Murphy of Beverly Conservation Commission January 5, 2021 Meeting Minutes Page 3 of 8 Golf Facilities Management, Inc are in attendance regarding the proposed work. McArthur ex- plains the proposed project including vegetation management and drainage structure mainte- nance and repair, detailing the square footage of the intended construction and maintenance. She asserts that all the disturbance is temporary and there will be no increase in impervious surface. McArthur refers to the vegetation management plan within the application materials. Murphy comments that this would be making the annual maintenance official. Bertoni states that the pro- posed management plan is rather vague and would like to see more specifics and mentions that the Commission may want to see the areas at a site visit. Lowd notes that the culvert was last cleaned about 14 years ago. McArthur confirms that the plan does not include dredging of the stream channel. The Commission schedules a site visit for 9:30 a.m. on Saturday, January 9, 2021. Squibb moves to continue the hearing to the January 26, 2021. Seconded by Grandoni. The motion carries 7 -0. New: 59 Lothrop Street, DEP File #5 -1316 — An2el Byers Crandell Pirrotta reads the legal notice. Bob Griffin of Griffin Engineering, representing the applicant, ex- plains the proposal to raise the height of the seawall, and construct patio, stairs, and landscape improvements. Bertoni refers to a plan note and asks whether the proposed plants will be chosen from the provided list and how much guidance will be given to the owner. Griffin offers to have Landscape Architect Laura Rutland provide more specificity on which plants will go where, as she will be specifying the overall plantings, but the exact ones would be based on preference and availability. In response to Bertoni's question, Griffin clarifies that the two different Coastal Banks on the property have different functions, as the granite seawall is an engineered structure while the embankment is erodible and a sediment source. Griffin notes he will provide the areas of increase in impervious surface due to the stones at the next meeting. Griffin comments that the existing seawall does not have a Chapter 91 license and should not need one since it is above Mean High Water. There are no comments from members of the public. The Commission schedules a site visit for 10:30 a.m. on Saturday, January 9, 2021. Grandoni moves to continue the hearing to the January 26, 2021 meeting. Seconded by Buchsbaum. The motion carries 7 -0. RECONVENE REGULAR MEETING Squibb moves to reconvene the regular meeting. Seconded by Dines. The motion carries 7 -0. Requests for Determination of Applicability New: 675E Hale Street — maintain rip -rap stone revetment — Laura Gibson Pirrotta reads the legal notice. Laura Gibson, representing the applicant explains the recent storm damage to the existing stone revetment and addresses the easements. Bertoni asks if the owners have considered a more permanent solution. Gibson replies that the easement is an immediate issue which must be temporarily resolved, but the follow up adjustments will be needed and the Beverly Conservation Commission January 5, 2021 Meeting Minutes Page 4 of 8 applicant plans to return to the Commission. Buchsbaum asks about the right of way of the abut- ters. Gibson comments that the lawyers will work out the language so that the owners are not re- sponsible for injuries. Bertoni reads suggested conditions. Gibson notes that beach grass was planted this year, which is part of separate authorization at the site. Buchsbaum moves to issue a Negative 2 and 3 Determination with the conditions as discussed. Seconded by Dines. The motion carries 7 -0. New: 3 Pine Knoll Drive — Linda Liporto Pirrotta reads the legal notice. Linda Liporto, explains the proposed work including construction of a deck at an existing residence in an area where there is a crumbling set of brick stairs. There would be four helical piles installed Bertoni reads suggested conditions. Dines moves to issue a Negative 3 Determination with the conditions as discussed. Seconded by Grandoni. The motion carries 7 -0. New: 28 Newbury Street Extension — Mark Theriault Pirrotta reads the legal notice. George Zambouras, representing the applicant, explains the plans to construct an addition located within the existing paved driveway of a single family house. There would be no increase in impervious surface area, and disturbance would be limited to tem- porary construction impacts. Bertoni asks about runoff and whether the existing catch basin can be cleaned out. Zambouras replies that they all have deep -sumps which were installed when the subdivision was created. Berton reads the suggested conditions. Dines moves to issue a Nega- tive 3 Determination with the conditions as discussed. Seconded by Buchsbaum. The motion car- ries 7 -0. New: 25 Whitehall Circle — Jennifer Mayo Pirrotta reads the legal notice. The applicant, Jennifer Mayo, explains the proposed fence instal- lation. Pirrotta notes that other proposed work shown on the plan, including pool installation is located outside the Commission's jurisdiction and that there are some no -cut zones on the prop- erty which are part of the Planning Board approval of the overall subdivision. Mayo states that the no -cut zones were part of the original plan for the construction of the house and that no work is proposed in those areas. Bertoni reads the suggested conditions. Buchsbaum moves to issue a Negative 3 Determination with the conditions as discussed. Seconded by Dines. The motion car- ries 7 -0. REQUESTS FOR CERTIFICATES OF COMPLIANCE Cont.: 875 Hale Street, DEP File #5 -1038 — Montrose School Park, LLC Applicant Jeff Rhuda explains his previous meeting conflicts and apologizes that he was not able to attend the Commission's past meetings to discuss the completed work. He notes that he will be submitting additional information and requests a continuation to the next meeting. Squibb Beverly Conservation Commission January 5, 2021 Meeting Minutes Page 5 of 8 moves to continue the request to the January 26, 2021 meeting. Seconded by Buchsbaum. The motion carries 7 -0. New: 25 Kennel Hill Drive, DEP File #5 -1262 — Richard Savickey Bob Griffin of Griffin Engineering, representing the applicant, explains the project including the construction of an attached garage, driveway, infiltration trench, and plantings and requests a partial Certificate of Compliance pending the completion of the two -year survivorship of the mit- igation plantings. Pirrotta reports that the site is stable, weather - resistant monuments are in place in good condition, and other special conditions appear to be met, except for the survivorship of the plantings. Dines moves to issue a partial Certificate of Compliance for the work that was completed, pending the survivorship of the plantings and with the conditions as discussed. Se- conded by Grandoni. The motion carries 7 -0. *Further action is taken on this later in the meeting. New: 95 Hale Street, DEP File #5 -1231— construct attached 2arne, patio, driveway, gar - den, retaining walls, and associated site work — Jeffery & Sheryl Silva Bob Griffin of Griffin Engineering, explains the project and notes deviations from the approved plan that the proposed stairs and vegetable garden were not constructed. Griffin reports that there was a deviation from the special conditions, as the planting area was mulched. Bertoni comments that she is not keen on the mulch near the stream and would be in favor of removing the mulch there. Pirrotta reports from her site inspection that the plants appear to be in good health and sug- gests that removing the existing mulching could destabilize the area, but that it should be ensured that no additional mulch be allowed. Buchsbaum moves to issue a complete Certificate of Com- pliance with the perpetual conditions 937 -41, emphasizing special condition 94. Seconded by Dines. The motion carries 7 -0. New: 480- 482 Rantoul Street, no DEP # /IVW — construct residential /commercial building, with parking, utilities, stormwater management, and plantings — Beverly Crossing 480, LLC Chris Broyles of Meridian Associates, representing the applicant, reports that the construction was completed in 2018 and the applicant conducted additional monitoring of the planting area and invasives species monitoring before requesting a Certificate of Compliance. In his report, Jo- seph Orzel of Lucas Environmental recommends that the invasive species continue to be moni- tored, specifically that the knotweed be kept after. Orzel comments that the hand pulling of the purple loosestrife has been very successful. Bertoni suggest that the applicant should submit an application to the Commission to receive approval to continue the hand removal and treatment of the invasives with jurisdictional areas. The Commission discusses whether the best route forward would be to have a wetlands specialist monitor the site. Orzel comments that he does not think that it is necessary to have a wetland scientist monitor the site going forward, but that the area should be maintained. The Commission decides that a Request for Determination of Applicabil- ity should be submitted for any continued maintenance within the buffer zones with monitoring reports to be provided. Pirrotta reports she held a site inspection and noted that the site was stable Beverly Conservation Commission January 5, 2021 Meeting Minutes Page 6 of 8 and that stormwater reports were submitted earlier in the day to the Commission, Planning Board, and the Engineering Department. Dines moves to issue a complete Certificate of Compliance with the perpetual conditions as dis- cussed. Seconded by Grandoni. The motion carries 7 -0. New: 400 Hale Street, DEP File #5 -1267 — Endicott College Chris Broyles of Meridian Associates, representing the applicant, explains the completed work including reconstructing an existing walkway and associated grading associated with a new aca- demic building. Pirrotta confirms that she conducted a recent site inspection and that the area was stable. Dines moves to issue a complete Certificate of Compliance with the perpetual condi- tions #34 -38, as discussed. Seconded by Alden- St. Pierre. The motion carries 7 -0. New: 218 Hart Street, DEP File #5 -650 — restore former degraded freshwater pond — Christopher Welles Christopher Welles, explains the completed work and apologizes that he never returned to the Commission after the project was completed years ago. He is now in the process of selling the property and is requesting a Certificate of Compliance so that the Order is closed out for the new owner. Welles reports that he does not have an as -built plan and that project was completed around the year 2004. The Commission discusses the need for an as -built plan or as -is plan for the sake of future owners, especially considering the effort that went into the design and review of the pond. Welles comments that he would like to resolve this quickly as he is selling the prop- erty and the buyers would like to close as soon as possible. The Commission decides to hold off on issuance of the Certificate of Compliance without additional documentation of the work but suggests that Pirrotta can write a letter documenting that this is under review by the Commission, in support of the house closing. Welles will work to provide a sketch showing the area of the pond over an aerial photograph and other documentation. Buchsbaum moves to continue the request until the January 26, 2021 meeting. Seconded by Dines. The motion carries 7 -0. New: 218 Hart Street, DEP File #5 -537 — Christopher Welles Christopher Welles, current owner, continues with another request for a Certificate of Compli- ance for the construction of a garage addition and associated site grading which was completed around the year 2000. Bertoni states that an as -built plan is needed and that the un- permitted shed behind the garage shall be removed. Squibb requests the surveyor's plan be provided in lieu of an as -built plan and that documentation be provided showing the shed removal and that the debris be removed from the site. Squibb moves to continue the request to the January 26, 2021 meeting. Seconded by Grandoni. The motion carries 7 -0. New: 38 Cole Street & 4 Thomas Road, DEP File #5 -1226 — construct retaining walls, fenc- in2, gazebo, and associated site 2radin2 and landscaping — Bass River, LLC c/o Larry Lusi2nan Beverly Conservation Commission January 5, 2021 Meeting Minutes Page 7 of 8 Pirrotta reports that she held a site inspection and that some of the approved work was not com- pleted. Bob Griffin of Griffin Engineering, reports that the property is now being sold, that the current patio is smaller than shown on the approved plan, some trees were not removed, and the proposed gazebo was not built. Pirrotta suggests a letter be sent to the new owners regarding the presence of the resource areas and that they must come to the Commission if they would like to do work within jurisdictional areas, as it appears the back yard may need some maintenance. Grandoni moves to issue a complete Certificate of Compliance, with the perpetual conditions as discussed. Seconded by Dines. The motion carries 7 -0. *Cont: 25 Kennel Hill Drive, DEP File #5 -1262 — Richard Savickey Pirrotta reports that during this evening's meeting, she received an email from the applicant for 25 Kennel Hill Drive regarding the Certificate of Compliance request, and asks the Commission to review it. In the email, Savickey stated that he was unable to speak during the agenda discus- sion, and notes that the mitigation plantings have been in place for two whole growing seasons, as required. Buchsbaum moves to rescind the partial Certificate of Compliance issued earlier this evening for 25 Kennel Hill Drive and continue the request to the January 26, 2021 meeting where the Commission will have established information about the mitigation plantings. Se- conded by Herbster. The motion carries 7 -0. OLD/NEW /OTHER BUSINESS Enforcement Orders Cont.: 11 Bav View Avenue Griffin of Griffin Engineering, representing the applicant, notes that a restoration plan was pro- vided and requests to hold off on scheduling a site walk until March or April as the applicant is concerned with meeting due to COVID, and confirms that there is no work currently occurring on site. Dines moves to continue to the March 16, 2021 meeting per the request of the owner of the property. Seconded by Squibb. The motion carries 7 -0. Cont.: Waring School soccer field encroachment The Commission will take up the alternatives at the January 26, 2021 meeting. Expenditures Buchsbaum moves to approve an annual stipend of $6,000 to the Conservation Agent. Seconded by Squibb. The motion carries 7 -0. ORDERS OF CONDITIONS Cont.: 7 Juniper Valley Court, DEP File #5 -1295 — request to amend Order of Conditions — Alexander & Emily Kontos Beverly Conservation Commission January 5, 2021 Meeting Minutes Page 8 of 8 The Commission notes that the Amended Order was discussed earlier in the meeting and it was determined that no additional conditions were necessary. The Commission sidelines and discusses the possibility of reminding applicants ahead of Order expiration, before the deadline to request an extension. Pirrotta reports that there is new software that the City will be using in the future, which may be able to be set up to send reminders 60 days before the order of conditions is due, and to send automated notices to applicants. This re- mains to be explored. ADJOURNMENT Herbster moves to adjourn at 10:40 p.m. Seconded by Dines. The motion carries 7 -0. The next regular meeting of the Conservation Commission is Tuesday, January 26, 2021; this is scheduled to be a remote meeting.