Loading...
11_16_2021 Cons Com Minutes - final Beverly Conservation Commission Special Meeting November 16, 2021 Meeting Minutes Page 1 of 8 CITY OF BEVERLY PUBLIC MEETING MINUTES BOARD OR COMMISSION: Beverly Conservation Commission SUBCOMMITTEE: N/A DATE: November 16, 2021 LOCATION: Virtual Meeting Access Only via Google Meet MEMBERS PRESENT: Chair Christine Bertoni, Vice Chair Robert Buchsbaum, William Squibb, David Alden-St. Pierre MEMBERS ABSENT: OTHERS PRESENT: Environmental Planner Jenna Pirrotta; Planning Director Darlene Wynne RECORDER: Stacia Chamberlain 1. Chair Bertoni calls the meeting to order at 7:00 p.m. and reads the public notice regarding holding meetings remotely due to Covid-19. 2. Trustees Discussion of Conservation Restriction at Moraine Farm David Santomenna is present to discuss the proposed acquisition and recaps discussion from the previous meeting. Santomenna outlines the process of the acquisition and how the Conservation Restriction will fit in place. The Commission is in favor of the development of a public reservation at this location. Bertoni requests clarification on what the Trustees is seeking from the Conservation Commission at this point. Wynne says the applicant is asking the Conservation Commission if they would be willing to conditionally hold the Conservation Restriction, should the City pursue this as part of the finalized"full" the Community Preservation Act application. Squibb moves to approve in principle the holding of the Conservation Restriction, subject to a mutually agreeable management strategy. Seconded by Buchsbaum. Bertoni takes a roll-call vote. Motion passes 4-0. 3. Recess for Public Hearings Buchsbaum moves to recess for public hearings. Seconded by Squibb. Bertoni takes a roll-call vote. Motion passes 4-0. 4. Notice of Intent/Abbreviated Notices of Intent/Requests for Amended Orders of Conditions a. Cont: 181 Elliott Street,No DEP File # as of posting—re-grade parking lot and install two storm water inlet structures—Beverly Commerce Park, LLP Documents Reviewed: Notice of Intent application and plans dated September 21, 2021 by Cummings Properties, Stormwater letter by Hancock Associates dated September 22, 2021 Pirrotta reports that via email, the applicant requested a continuance to the next meeting, as they are meeting with DEP the next day. Buchsbaum moves to continue this hearing to the next Beverly Conservation Commission Special Meeting November 16, 2021 Meeting Minutes Page 2 of 8 meeting on December 7, 2021. Seconded by Squibb. Bertoni takes a roll call vote. The motion passes 4-0. b. Cont.: 37 Paine Avenue,DEP File #5-1347—repair and maintenance of seawall, retaining wall, steps, and patio with associated site work— Scott Patrowicz,P.E. Documents Reviewed: Notice of Intent application and site plans by Patrowicz Land Development Engineering, dated November 16, 2021 Scott Patrowicz of Patrowicz Land Development Engineering representing the applicant, Curtis Cheney of Collins Engineering Inc, and builder Tom Saltsman Brenzel, are present to discuss the proposed project. Patrowicz recaps the proposal and the Commission's site visit. He describes the revised plan submitted that same day,which includes new topographic data and updated mean high water line, indicating that a Chapter 91 license would be required. Patrowicz explains there is a discrepancy between the survey data from North Shore Survey and Hancock Associates. Bertoni solicits input from the Commission members. Squibb asks about the construction methodology for pouring the concrete. Bertoni asks about pouring in inclement weather and whether they have contingency plans if they have to postpone. There are no questions or comments from members of the public. Pirrotta notes that Alden - St. Pierre is ineligible to vote on this issue as he was absent from two of the hearings. Buchsbaum moves to close the hearing. Seconded by Squibb. Bertoni takes a roll call vote. The motion passes 3-0-1,with Alden-St. Pierre abstaining. c. New: 375—413 Hale Street,No DEP File # as ofposting—replace seawall, replace beach house, and associated site work—Endicott College c/o Rick Gagnon Documents Reviewed: Notice of Intent application and site plans by Foth Engineering, dated November 1, 2021 Pirrotta reads the legal notice. Scott Skuncik of Foth Engineering, representing the applicant, presents the proposed project. Skuncik recaps the history of the site including emergency repairs performed on the seawall in 2018 and then again through issuance of an Emergency Certificate by the Commission in 2020. A permanent solution is needed for those temporary fixes. There are several lengths of the seawall that would be replaced with different slopes and heights, and the existing beach house would be replaced further from the bank. Skuncik describes the historic maps indicate shoreline loss of about 1/4 foot per year. In response to Bertoni's question, Skuncik confirms that the alternatives presented in the NOI were reviewed through the MEPA process and that the preferred alternative is the one that is presented in the plans. Alden - St. Pierre and Squibb suggest a site visit be held. Pirrotta notes that DEP file number has not yet been issued and that Mass Division of Marine Fisheries intends to provide comments to the Commission. The Commission schedules a site visit for 10:00 a.m. on Saturday,November 27, 2021. There are no comments from members of the public. Beverly Conservation Commission Special Meeting November 16, 2021 Meeting Minutes Page 3 of 8 Alden - St. Pierre moves to continue the hearing to the December 7, 2021 meeting. Seconded by Buchsbaum. Bertoni takes a roll call vote. Motion passes 4-0. d. New: 547 Essex Street,No DEP File# as of posting—construct a garage addition, driveway expansion, and associated site work—Lyndsay Lantz Documents Reviewed: Notice of Intent application and site plans by George Zambouras, P.E., dated November 1, 2021 Pirrotta reads the legal notice. George Zambouras, P.E.,representing the owner, is present to discuss the proposed project. He notes that the Commission previously issued a Positive Determination for the work, requiring that a NOI be filed. Bertoni asks about the infiltration trench,mitigating additional roof runoff, grading, and bringing in fill. Buchsbaum asks whether the area is within the Outstanding Resource Water overlay. Alden - St. Pierre asks about the vegetation to be removed in the area of the proposed driveway. Buchsbaum recommends that they replace the trees removed with plantings other than arborvitae. Bertoni recommends Zambouras discuss the plantings with the owner and update the Commission at the next meeting. Bertoni asks if the Commission members would like to take a site visit as this will need to be continued in absence of a DEP file number, and members do not feel it is necessary. There are no comments from members of the public. There being no further questions or comments, Squibb moves to continue the hearing to December 7, 2021. Seconded by Alden - St. Pierre. Bertoni takes a roll call vote. The motion passes 4-0. 5. Reconvene Regular Meeting Buchsbaum moves to reconvene the regular meeting. Seconded by Bertoni. Bertoni takes a roll call vote. The motion carries 4-0. 6. Requests for Determination of Applicability a. Cont.: 253 Essex Street—tree removal and landscaping activities—Jonathan Goodwin Documents Reviewed: Request for Determination of Applicability Application, with associated attachments and plans, revised dated November 15, 2021 Owner Jonathan Goodwin is present to discuss the proposed project and the changes incorporated based on Commission's comments. He emailed a revised plan to the Commission the day before the meeting. Buchsbaum thinks that this topic should be continued to the next meeting, to allow more time to review the updated information. Squibb asks how the poison ivy would be removed. Goodwin clarifies how it was removed by hand in the past, but the proposal now is tilling, adding soil and grass seed, and adding the plantings and mulch which would keep it at bay. Bertoni asks for clarification on the number of trees to be removed and the number to be planted and comments that excessive mulch is not ideal. The Commission discusses Beverly Conservation Commission Special Meeting November 16, 2021 Meeting Minutes Page 4 of 8 prohibiting dyed mulch and installation of a coir roll near the bank. Since portions of the project are within the 25-Foot No Disturbance Zone, potential conditions could include restrictions on the use of pesticides and herbicides as well. Commissioners feel that they need more time to review the information to make a determination. Buchsbaum moves to continue this topic to the next meeting on December 7, 2021. Seconded by Alden - St. Pierre. Berton takes a roll call vote. The motion passes 4-0. b. New: 45 Balch Street—lawn regrading, paver patio installation, pavement striping, electrical upgrades, and various plantings—Beverly Housing Authority Documents Reviewed: Request for Determination of Applicability application and attachments, by Nitsch Engineering, dated October 27, 2021 Pirrotta reads the legal notice. Paige Simmons of Nitsch Engineering representing the applicant, describes the proposed project. Bertoni asks about the work footprint and whether any trees would be removed. Pirrotta reports that an updated plan was received that day which indicates the wetland area and the 50-Foot No Build Zone. Squibb asks about potential changes to pavement on the site. The Commission requests a landscape plan as a condition of approval and discusses suggested conditions. There being no further questions or comments, Alden-St. Pierre moves to issue a Negative 3 Determination with conditions as discussed. Seconded by Buchsbaum. Bertoni takes a roll call vote. The motion passes 4-0. c. New: 28 Porter Street—repoint and repair existing staircase— City of Beverly c/o Bruce Doig Documents Reviewed: Request for Determination of Applicability application and attachments, by City of Beverly c/o Bruce Doig, dated November 1, 2021 Pirrotta reads the legal notice. Bruce Doig Beverly Parks and Recreation Director, is present to discuss the proposed project. He provides an overview of the work, and notes that construction would take place from the existing structure and not from the beach itself. Bertoni asks if the aesthetics of the stairway will remain the same, due to the historic significance; Doig affirms that it is a goal they will work toward in consultation with the Community Preservation Committee, the Historic Committee, and Ward 2 Civic Association. Bertoni describes suggested conditions for approval. In response to Squibb's question, Doig clarifies that the side rail will also be replaced. There being no further questions or comments, Alden - St. Pierre moves to issue a Negative 2 and 3 Determination. Seconded by Squibb. Bertoni takes a roll call vote. The motion passes 4-0. d. New: 9 Melvin Avenue—demolish an existing house—Kevin Hios Beverly Conservation Commission Special Meeting November 16, 2021 Meeting Minutes Page 5 of 8 Documents Reviewed: Request for Determination of Applicability application and attachments, by Kevin Hios, dated November 1, 2021 Pirrotta reads the legal notice. Owner Kevin Hios is present to discuss the proposed project and provides an overview of the demolition. Squibb questions whether the work should be reviewed under an RDA since the lots would be kept separate and not combined. Bertoni asks whether there is a basement that will need to be filled. Hios confirms that there would be 20 yards of loam brought in and the area would be seeded. Bertoni and Squibb are concerned with the distance of the home to be removed to the marsh and the river, noting that the plan is not clear. Bertoni would like for the work to be photo-documented and for the foundation to be removed from the site in its entirety. Squibb opines that this project should be reviewed under an NOI and not an RDA. Buchsbaum disagrees since the work is removing structures and not building anything, but asserts that a better plan including dimensions and distances from the resource areas should be provided. Bertoni seeks clarification from members about what else would they be gaining from the filing of an NOI for this work. Members would like the applicant to return with more detailed information. Alden - St. Pierre moves to continue this topic to the next meeting on December 7, 2021. Seconded by Buchsbaum. Bertoni takes a roll call vote. Motion passes 4-0. e. New: 3 Deer Haven Road —replace existing landing, stairs, and walkway and add roof overhang—Nate Boyd Documents Reviewed: Request for Determination of Applicability application and attachments,by Nate Boyd, dated November 1, 2021 Pirrotta reads the legal notice. Nate Boyd, of Boyd Builders, describes the proposed project, to replace the unsafe access and add roof overhang and replace the walkway. He describes the materials to be used and the construction methodology. There is an existing site plan from when the subdivision was built and the existing landing and walkway to be replaced are shown on that plan. The work is about 45 feet from the wetland at the closest point. The Commission discusses suggested conditions. There being no further questions or comments,Alden - St. Pierre moves to issue a Negative 3 Determination with the conditions as discussed. Seconded by Buchsbaum. Bertoni takes a roll call vote. The motion passes 4-0. 7. Requests for Certificates of Compliance a. New: 20 Elnew Avenue,DEP File #5-1177—construct new single-family house with associated appurtenances —Dawn Mugford Documents Reviewed: Request for Certificate of Compliance and As-Built Plan by Griffin Engineering, dated October 28, 2021 Beverly Conservation Commission Special Meeting November 16, 2021 Meeting Minutes Page 6 of 8 Pirrotta describes the request, noting that the Commission previously issued a partial Certificate of Compliance for all of the work except that the survival criteria for the plantings had not yet been met at that time. There is a superseding Order of Conditions from DEP and they have already issued a complete Certificate of Compliance, as there was no condition on the survival criteria in the SOC. The applicant is now requesting the complete Certificate of Compliance under the Beverly Wetlands Ordinance. Pirrotta reports that she held a site visit with the engineer and that in sum total, the mitigation plantings have met the 75% survival criteria for the shrubs and the 3 hemlocks were replaced with 10 arborvitaes, but 2 of the hemlocks were relocated in a different location on the property. Griffin Engineering reported there were no signs of hemlock wooly adelgid. There being no further questions or comments, Buchsbaum moves to issue a complete Certificate of Compliance under the local ordinance,with the perpetual conditions. Seconded by Alden - St. Pierre. Bertoni takes a roll call vote. Motion passes 4-0. 8. Old/New/Other Business a. Minor Modification to the Order of Conditions i. Offshore cable, DEP File 95-1317 Documents Reviewed: Request to Modify Order of Conditions from ERM, dated October 23, 2021 Alexia O'Brien, of ERM representing the applicant, is present to discuss the modification request. The requested changes are to the project description in the Order and to the wording of two of the special conditions. The project is still exactly the same, however the wording changes will better align with language in the other municipal approvals that are required for this regional proj ect. Buchsbaum moves to approve the changes as discussed and to issue the Minor Modifications to the Order of Conditions,with the rest of the conditions to remain unaltered. Seconded by Alden- St. Pierre. Bertoni takes a roll call vote. Motion passes 4-0. b. Enforcement Orders i. Cont.: 11 & 13 Bay View Avenue Documents Reviewed: Restoration Plan by Griffin Engineering Group, revised dated July 26, 2021 and Email from Griffin Engineering dated November 4, 2021 with site photos Pirrotta updates the Commission on improvements at the property and the complete implementation of the restoration plan. Pirrotta recaps her observations from the site visit with the property owners and engineer, noting that the Commission does not have to take action at this point and that another follow up would be required in the next growing season. Members question whether the dune fence should remain in place across the stream, with concerns to wildlife. Pirrotta confirms that wildlife could go around the fence and that the owners' intent was to keep people out of the stream and newly planted area, but that she cautioned the owners that Beverly Conservation Commission Special Meeting November 16, 2021 Meeting Minutes Page 7 of 8 they should monitor the fence area to ensure debris isn't caught up and cause damage or blockage. ii. Cont.: 181 Elliott Street— Cummings Center Documents Reviewed: Revised response letter and draft plans by Cummings Properties, dated September 9, 2021 The Commission takes no action at this time and Pirrotta anticipates additional information from Mass DEP to be available at the next meeting. iii. Cont.: 0 Netherton Avenue Documents Reviewed: Topographic Plan of Land by Hancock Associates, dated July 14, 2021 Owner Anthony Gaglione is present to discuss the unauthorized work. Gaglione provides an update on the selection of a contractor(Kellet Enterprises). He does not have a time frame for the work to be done because contractor availability was variable. Bertoni requests contact information for the contractor and confirms that there needs to be oversight by a wetlands professional. Gaglione will send the information to Pirrotta. He also agrees that he will also have a wetlands consultant present when the excavation begins (Hancock Associates). Members request that Gaglione stay in contact with Pirrotta about the fill removal schedule and to coordinate with the contractor and wetlands consultant. c. Potential Violations,If Any i. 2 Pond View Lane Catherine and James Sheehan, property owners, are present to discuss the work subject to the violation letter. They are in the process of filing an RDA,but note that their project is already complete. The Commission agrees that the after the fact RDA should be filed to permit the work and answer other questions the owners have about Commission jurisdiction and the need for review and approval. d. Other: Discussion or Action Items Related to Commission Business, Correspondence, etc. Received/Issued After Publication of Agenda,If Any i. 18 Meadow Road Pirrotta reports that the Commission received an annual monitoring report for wetlands replication at 18 Meadow Road, DEP File#5-936. The replication plan was approved under an Enforcement Order and DEP Administrative Consent Order, due to unfinished requirements of an expired Order of Conditions. Plantings were installed in June 2021 and would be monitored through the next growing season to ensure survival. ii. 183 West Street—filing of Notice of Intent Pirrotta updates the Commission on this project. The Commission was expecting an NOI to review at this meeting, but it should be ready for the next meeting. Beverly Conservation Commission Special Meeting November 16, 2021 Meeting Minutes Page 8 of 8 iii. 1025 Hale Street—Certificate of Compliance requests Pirrotta updates the Commission on this project. The owners need more time to prepare and submit the documentation for the Certificate of Compliance requests. iv. 167 West Street, DEP File 95-1290— change in utility plan Pirrotta updates the Commission on this project, based on updates from the Griffin Engineering. There are unanticipated changes due to National Grid's need to replace the electric lines and this was not included on the approved plan. Pirrotta notes that according to the information provided, the utility line work would be within the existing driveway shoulder and the work does not increase the impact area totals. The Commission agrees that this field change can be noted in the file and a request for a Minor Modification to the Order of Conditions is not necessary. V. 28 Whitehall Circle, DEP File 95-1177 Steven Smith Pirrotta notes that the Commission received an updated letter from the owner, dated November 15, 2021. She describes the content of the letter including that the owner had the drainage line inspected through a video scope and that the drywell feature cannot be accessed for regular inspection and cleaning. There is an ongoing condition through the Certificate of Compliance related to the inspection and cleaning which they are unable to meet and are asking the Commission to modify this requirement. The Commission agrees that the owner should not be required to meet this condition which has since become irrelevant, but is unsure how to document this. Bertoni recommends the Commission add a note to the file. Buchsbaum suggests they ask MACC as to how to change this Order of Conditions. Pirrotta will make an inquiry with MACC and will write a letter to the owner and add it to the project file. e. Expenditure Approvals, If Any Squibb moves to approve an expenditure of$34.69 payable to the Conservation Administrator for mileage reimbursement for the months of September October 2021. Seconded by Alden-St. Pierre. Berton takes a roll call vote. Motion passes 4-0. 9. Orders of Conditions,If Any a. 37 Paine Avenue Members recap the project and discuss the proposed conditions. Alden-St. Pierre moves to issue an Order of Conditions for the project with the special conditions as discussed, along with the standard general and perpetual conditions, under the MA Wetlands Protection Act and Beverly Wetlands Protection Ordinance. Seconded by Buchsbaum. Berton takes a roll call vote. The motion carries 4-0. 10. Adiournment Alden-St. Pierre moves to adjourn at 10:58 p.m. Seconded by Buchsbaum. Berton takes a roll call vote. The motion carries 4-0. The next regular meeting of the Conservation Commission will be held on Tuesday, December 7, 2021.