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Con Com Minutes 1_26_2021 - finalBeverly Conservation Commission January 26, 2021 Meeting Minutes Page 1 of 7 CITY OF BEVERLY PUBLIC MEETING MINUTES BOARD OR COMMISSION: Beverly Conservation Commission SUBCOMMITTEE: DATE: January 26, 2021 LOCATION: Remotely held meeting through Google Hangouts Meet MEMBERS PRESENT: Chair Christine Bertoni, Vice Chair Robert Buchsbaum, Rick Grandoni, Stephanie Herbster, David Dines, David Alden -St. Pierre, William Squibb MEMBERS ABSENT: OTHERS PRESENT: Environmental Planner Jenna Pirrotta RECORDER: Sarah Scott - Nelson Bertoni calls the meeting to order at 7:02 p.m. Bertoni reads the virtual meeting guidelines, confirms Council and Staff attendance, 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. Squibb is not yet present at the meeting. Recess for Public Hearings Grandoni moves to recess for public hearings. Seconded by Buchsbaum. The motion carries 6 -0. Notices of Intent /Abbreviated Notices of Intent/Reguests for Amended Orders of Conditions Cont.: 91 Lothrop Street, DEP File 95 -1313 — construct an in-ground pool with patio and pool house, landscaping, and associated apurtenances — Daniel & Daniella Mammola Pirrotta reports that the applicant requested to continue the hearing to the February 23, 2021 meeting, in order to have more time to complete the revised plans. Herbster moves to continue to the February 23, 2021 meeting. Seconded by Grandoni. The motion carries 6 -0. Cont.: 38 Standley Street, DEP File #5 -1315 — review and affirm the extent of wetland resource areas delineated — Wariniz School Inc. c/o Tim Bakland Bob Griffin of Griffin Engineering, representing the applicant, has difficulty with audio and defers to Mary Rimmer of Rimmer Environmental consulting. Rimmer, wetland scientist, recaps the Commission's site visit on January 9, 2021 and provides an overview of the delineated wetland resource areas. There were no comments from members of the public. Berton asks about which resource areas would they like confirmed. Rimmer clarifies that it is the Bordering Vegetated Wetland from flags Al -A18 which connect to A78 and Mean Annual High Water line from flags B1 -B23. Grandoni moves to close the hearing. Seconded by Alden- St. Pierre. The motion carries 6 -0. Beverly Conservation Commission January 26, 2021 Meeting Minutes Page 2 of 7 Cont.: 134 McKay Street, DEP File #5 -1314 — City of Beverly Susan McArthur of BSC Group, representing the applicant, recaps the Commission's site visit on January 9, 2021 and explains the revised vegetation management plan and proposed drainage structure maintenance and repair. Squibb has joined the meeting and Buchsbaum joined the meeting by phone as technical difficulties prevented joining by video. McArthur states that invasive species will be removed along the edges of the wetland. Buchsbaum asks about the types and location of invasive species. McArthur clarifies that they are on the edges on the hill toward the river. Bertoni expresses concern on the word "pruning" in the plans and requests that the phrasing be changed to "selective pruning" throughout the vegetation management plan. There were no comments from members of the public. Dines moves to close the hearing. Seconded by Buchsbaum. The motion carries 7 -0. Cont.: 59 Lothrop Street, DEP File 95 -1316 — raise seawall height, and construct patio, stairs, and landscape improvements — Angel Byers Crandall Bob Griffin of Griffin Engineering, representing the applicant, explains the updates to the planting plan by Laura Rutledge, specifically noting which species will be planted in which locations. Buchsbaum asks about erosion and whether there are potential issues from the current proposed layout of the stairs. Griffin replies that the stone placement will shed water and there will be drains located at the bottom of the stone patio. There will also be gravel behind the seawall as shown in the lower portions of the planting plan. Bertoni expresses concern about new plantings and new impervious surface within the Coastal Bank, and potential erosion problems this may create. Bertoni asks if there were alternatives to this configuration which were considered. Griffin reports that an erosion - control blanket will be placed over the entire slope, which will stabilize the site during the plating. Additionally, the diverse planting plan will stabilize the site and contribute to wildlife habitat. Bertoni asks if any alternatives to the stair configuration had been considered that would be less impactful. Griffin reports that the longer staircase would be safer than the current configuration that goes straight down. Grandoni states that the current condition of the bank is a sloped sheet of soil, which could cause problems with rain gullies forming, and agrees that this plan will stabilize the site. Pirrotta reports that Mass DEP did not provide any comments on this project. There were no comments from members of the public. Herbster moves to close the hearing. Seconded by Dines. The motion carries 5 -2, with Buchsbaum and Bertoni voting no. New: Offshore /Atlantic Ocean, DEP File 95 -1317 — Edge Cable Holdings USA, LLC c/o Kevin Salvador Pirrotta reads the legal notice. Alexia O'Brien of ERM, representing the applicant, explains the plans to install a fiber optic telecommunications submarine cable system between the UK and the USA. O'Brien reports that the applicant explored a number of alternatives and an environmental impact report was filed last year which was approved by the state through an Environmental Notification Form and Environmental Impact Report. Bertoni asks that O'Brien address how Mass CZM's comments are addressed. O'Brien reports that they are in discussion with CZM Beverly Conservation Commission January 26, 2021 Meeting Minutes Page 3 of 7 about monitoring, but the cable will be continually monitored as it is laid. The Commission asks about other necessary approvals and Christina Hoffman of ERM adds that the project is under review by Conservation Commissions from cities /towns from Rockport down to Lynn, so Orders of Conditions would be needed from each of those municipalities as well as a 401 Water Quality Certification from the state and Army Corps of Engineers approval. Hoffman suggests that Commission could be added to the distribution list for copies of state approvals and the as -built plan, once complete. There were no comments from members of the public. Pirrotta reads a letter from the Mass Division of Marine Fisheries, which includes recommendations on timing restrictions. Hoffman reports that the project does not propose time - of -year restrictions due to the negligible impact determined by the state. Buchsbaum moves to close the hearing. Seconded by Squibb. The motion carries 7 -0. New: 60 South Terrace, DEP File 95 -1318 — construct pier & floating docks, seawall improvements, and associated rg ading and landscaping— Paul & Natalie Gaudenzi Pirrotta reads the legal notice. Bob Griffin of Griffin Engineering, representing the applicant, explains the past approvals for reconstruction of the house and reports that the applicant would like to further improve the site with this new project to construct a dock. Buchsbaum expresses his concern about whether additional mitigation would be needed and that the existing mitigation plantings that are to be removed and replaced should not be "re- counted." Bertoni asks about whether the gangway will be pulled up onto the pier in winter. Griffin reports that it will be lifted out of wave action, but not removed. Bertoni notes that the state Small Docks & Piers Guidance should be followed and asks about proposed decking materials, offering to send materials specifications from another project. Pirrotta comments that the Massachusetts Division of Marine Fisheries may comment on the project, but they have not provided a letter yet. Griffin notes that the project will require state and federal approval and notes that the height will allow pedestrians to pass beneath the structure. There were no comments from members of the public. The Commission schedules a site visit for February 13, 2021 at 8:00 a.m. Squibb moves to continue the hearing to the February 23, 2021 meeting. Seconded by Herbster. 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 Certificates of Compliance Cont.: 875 Hale Street, DEP File 95 -1038 — construct a 6 -lot subdivision, with 5 new family houses and associated appurtenances — Montrose School Park, LLC Pirrotta reports that the applicant requested to continue the request to the February 23, 2021 meeting. Herbster moves to continue the request to the February 23, 2021 meeting. Seconded by Squibb. The motion carries 7 -0. Beverly Conservation Commission January 26, 2021 Meeting Minutes Page 4 of 7 Cont.: 25 Kennel Hill Drive, DEP File 95 -1262 — construct attached garage, driveway, infiltration trench, and add plantings — Richard Savickey Bob Griffin of Griffin Engineering, representing the applicant, reports that a partial Certificate of Compliance was almost issued at the previous meeting before more information concerning the timing of the mitigation plantings was provided and the discussion was continued. The applicant provided receipts from purchase of the plants and photos documenting when they were installed. Pirrotta reports that the no disturbance signs were installed when she was on site, prior to the last meeting. Buchsbaum moves to issue a complete Certificate of Compliance with the perpetual conditions numbers 34 -39 and special conditions 3, 6, and 8. Seconded by Dines. The motion carries 7 -0. Cont.: 218 Hart Street, DEP File #5 -650 — restore former degraded freshwater pond — Christopher Welles Christopher Welles, recaps the Commission's previous meeting and notes he provided an aerial photograph showing the pond location with information on the area and depths. Buchsbaum asks how the average depth was calculated. Welles reports that he measured depths throughout the pond with weights dropped at various locations. Welles reports that he has not observed any water quality issues in the pond, in response to Buchsbaum's questions. Herbster moves to issue a complete Certificate of Compliance with the standard perpetual conditions 46 -49. Seconded by Dines. The motion carries 7 -0. Cont.: 218 Hart Street, DEP File #5 -537 — construct garage addition and associated site grading — Christopher Welles Christopher Welles, reports that the site plan from the mortgage inspection which depicts the garage location was provided, as well as photographs of the shed removal. Bertoni expresses concern that the area where the shed was removed may be vulnerable to erosion and asks whether measures are needed and if the property has been transferred to new owners. Bertoni suggests follow up with the new owners, suggesting spreading hay so that the site does not turn into a mud pit. Welles notes that the surrounding area is mainly soil with pine needles and there are no problems with mud. Dines moves to issue a complete Certificate of Compliance with the perpetual conditions A2 and H4. Seconded by Alden -St. Pierre. The motion carries 7 -0. New: 90 Bridge Street, DEP File 45 -1305 — GSC Management LLC c/o Saverio Fulciniti George Zambouras, representing the applicant, explains that the project consisted of rehabilitating an existing house, reconstructing the garage, and associated site work. Zambouras reports minor deviations from the approved plan including that the fence line was pulled into the patio area and two air conditioners were installed. A maple tree was cut down and replaced, as approved. Pirrotta reports that there is a special condition that the newly planted tree must demonstrate survival for two growing seasons, prior to issuance of a complete Certificate of Compliance. Buchsbaum moves to issue a partial Certificate of Compliance for the work that was completed, except for the two -year survival of the tree, with perpetual conditions number 36 -40 and special condition 4. Seconded by Bertoni. The motion carries 7 -0. Beverly Conservation Commission January 26, 2021 Meeting Minutes Page 5 of 7 New: 248 Dodge Street /3 Longham Road, DEP File 95 -1307 — Timothy McCarthy Deb Colbert of Hancock Associates, representing the applicant, explains the completed work for the septic tank replacement and grading for the septic field. Pirrotta notes she held a site inspection and that the disturbed areas have not yet been seeded. In response to Herbster's question, Colbert states that the erosion control is still in place and there has been no erosion there. Bertoni states that the area does need to be seeded and stabilized before a complete Certificate of Compliance can be issued. Colbert notes that the site contractor sent a letter noting that the seeding would be done in the spring. Buchsbaum moves to issue a partial Certificate of Compliance with the perpetual conditions as discussed, noting that work is completed except for the hydro- seeding. Seconded by Herbster. The motion carries 7 -0. New: 134 McKay Street, DEP File 45 -0074 — City of Beverly Bill Lowd of Beverly Golf and Tennis Commission, representing the applicant, explains the proposed project to construct a skating pond in an existing marsh area, which was never completed. Alden- St. Pierre moves to issue an invalid Order of Conditions stating that the work was never completed and the Order of Conditions is expired. Seconded by Dines. The motion carries 7 -0. Old /New /Other Business Enforcement Orders New: 57 Lothrop Street — Joseph DiPietro Homeowner Joseph DiPietro explains the recent work including retaining wall and stairs which had rotten and been partially rebuilt. DiPietro reports that he cleared some brush and heavy vegetation in order to complete the work, and created a fire pit area where some of the vegetation had been cleared away. Buchsbaum asked about any other planned work. Bertoni states that a wetland specialist is needed for this kind of work to get the proper permitting. Bertoni suggests restoration plantings are needed to stabilize the area where the plants were removed. The Commission discusses the permitting process with DiPietro and requests the applicant file a Notice of Intent for the existing unpermitted structures, and include the proposed retaining wall work. Buchsbaum moves to amend the Enforcement Order to include the filing of a Notice of Intent for the work as discussed, by March 23, 2021. Seconded by Squibb. The motion carries 7- 0. New: 18 Meadow Road, DEP File 95 -936 Pirrotta reports that the consultants requested to continue this discussion due to a meeting conflict. Buchsbaum moves to continue to the February 23, 2021 meeting. Seconded by Herbster. The motion carries 7 -0. Beverly Conservation Commission January 26, 2021 Meeting Minutes Page 6 of 7 Tree Removals, If Any 30/32 South Terrace Pirrotta explains the homeowner at 32 South Terrace is requesting the removal of a single pine tree. The tree is located in close proximity to two houses that are very close to each other, so the insurance company is requiring that it come down. The Commission views pictures and agrees the tree is very close to structures and its removal would not be a detriment to the resource. Squibb moves to approve the removal of the tree, with the standard conditions. Seconded by Herbster. Tree Removal Protocol Update The Commission agreed to table this item due to the meeting time. Other: Discussion or Action Items Related to Commission Business, Correspondence, etc. Received /Issued After Publication of Agenda, If Any Annual Elections of Chair and Vice Chair of the Commission The Commission discusses roles of the Chair and Vice Chair. Bertoni nominates Buchsbaum for Vice Chair and Buchsbaum nominates Bertoni as Chair. Seconded by Grandoni. Herbster moves to re -elect Buchsbaum as Vice Chair and Bertoni as Chair. Seconded by Dines. The motion carries 7 -0. Orders of Conditions Cont.: 38 Standley Street, DEP File 95 -1315 — review and affirm the extent of wetland resource areas delineated — Waring School Inc. c/o Tim Bakland The Commission discusses the issuance of the Order of Resource Area Delineation. Herbster moves to confirm the delineations as shown on the ANRAD plan, with the resource areas being Bordering Vegetated Wetland from flags Al -A18 and A78 and Mean Annual High Water line from flags B1 -B23, with the condition that only the requested delineations are confirmed. Seconded by Dines. The motion carries 7 -0. Cont.: 134 McKay Street, DEP File 95 -1314 — City of Beverly The Commission discusses the conditions for the project. Buchsbaum moves to issue an Order of Conditions under the Act and Ordinance, with the conditions as discussed. Seconded by Herbster. The motion carries 7 -0. Cont.: 59 Lothrop Street, DEP File #5 -1316 — raise seawall height, and construct patio, stairs, and landscape improvements — Angel Byers Crandall The Commission discusses the conditions for the project. Alden— St. Pierre moves to issue on Order of Conditions under the Act and the Ordinance with the conditions as discussed. Seconded by Herbster. The motion carries 6 -1, with Bertoni voting no. Beverly Conservation Commission January 26, 2021 Meeting Minutes Page 7 of 7 New: Offshore /Atlantic Ocean, DEP File #5 -1317 — Edge Cable Holdings USA, LLC c/o Kevin Salvador The Commission discusses the conditions for the project. Buchsbaum and Bertoni offer to review the draft conditions based on the discussion, before finalization. Buchsbaum moves to issue an Order of Conditions under the Act and the Ordinance with the conditions as discussed. Seconded by Squibb. The motion carries 7 -0. Adjournment Before adjoining, Dines announces that he will be resigning from the Commission and this will be his last official meeting. Dines moves to adjourn at 10:31 p.m. Seconded by Herbster. The motion carries 7 -0. The next regular meeting of the Conservation Commission will be Tuesday, February 23, 2021, to be remotely held via Google Meet.