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12_07_2021 Cons Com Minutes - final Beverly Conservation Commission Special Meeting December 7, 2021 Meeting Minutes Page 1 of 9 CITY OF BEVERLY PUBLIC MEETING MINUTES BOARD OR COMMISSION: Beverly Conservation Commission SUBCOMMITTEE: DATE: December 7, 2021 LOCATION: Virtual Meeting Access Only via Google Meet MEMBERS PRESENT: Chair Christine Bertoni, Vice Chair Robert Buchsbaum, David Alden - St. Pierre,Meghan Jones MEMBERS ABSENT: William Squibb OTHERS PRESENT: Environmental Planner Jenna Pirrotta RECORDER: Stacia Chamberlain 1. Chair Bertoni calls the meeting to order at 7:03 p.m. and reads the notice regarding holding meetings remotely due to Covid-19. 2. Recess for Public Hearing Alden - St. Pierre moves to recess for public hearings. Seconded by Buchsbaum. Bertoni takes a roll call vote. Motion passes 4-0. 3. Notice of Intent/Abbreviated Notices of Intent/Requests for Amended Orders of Conditions a. 181 Elliott Street,DEP File #5-1353 —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 Steven Drohosky of Cummings Properties representing the applicant recaps the proposal. He notes that the coordination with Mass DEP is complete and a file number was issued earlier that day. Drohosky confirms that the comments from the City engineer, Eric Barber, will be met. Bertoni inquires whether members have any further questions or comments. Buchsbaum finds it appropriate that the Cummings Center perform the stormwater monitoring tasks in-house provided they meet the qualifications, per Barber's comments. Berton notes that the requests for Certificates of Compliance have been filed for the outstanding Orders of Conditions at the property. There being no additional comments or questions from Commissioners or members of the public, Buchsbaum moves to close the hearing. Seconded by Alden - St. Pierre. Berton takes a roll call vote. Motion passes 3-0,with Jones abstaining. b. 375—413 Hale Street,DEP File#5-1348 —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; comments from Mass Division of Marine Fisheries, dated December 2, 2021 Beverly Conservation Commission Special Meeting December 7, 2021 Meeting Minutes Page 2of9 Scott Skuncik of Foth Engineering representing the applicant is present to discuss the project. He recaps the proposal including the Commission's site walk and refers to the comment letter from Tay Evans of Mass Division of Marine Fisheries (Mass DMF). Foth asks for the Commission's opinion regarding Mass DMF's eelgrass monitoring recommendations, which suggested Tier 2 monitoring would likely not provide much value. Buchsbaum and Bertoni support the Tier 1 monitoring, as recommended by Mass DMF, noting that Tay Evans is a leader in eelgrass work and they would defer to her recommendations. Skuncik asks how often the Commission should receive the monitoring reports. Pirrotta replies that for other projects, the Commission has received a compiled monthly report and immediate notification should be provided in the event of any issues. Bertoni asks about proposed erosion control. There being no additional comments or questions from Commissioners or members of the public, Alden - St. Pierre moves to close the hearing. Seconded by Bertoni. Bertoni takes a roll call vote. Motion passes 4-0. c. Cont.: 547 Essex Street,DEP File#5-1349 — construct a garage addition, driveway expansion, and associated site work—Lyndsay Lantz Documents Reviewed: Notice of Intent application dated November 1, 202land site plans by George Zambouras, P.E., revised dated December 2, 2021 George Zambouras,project engineer, is present to discuss the proposed project and notes that he submitted a revised plan depicting mitigation plantings, as requested by the Commission at the last meeting. Since the last meeting, a DEP file number was also issued. There being no further comments or questions from Commissioners or members of the public, Alden - St. Pierre moves to close the hearing. Seconded by Buchsbaum. Bertoni takes a roll call vote. Motion passes 4-0. d. New: 11 Webber Avenue, DEP File#5-1351 —construct a two-story addition to existing house—Andrew DeFranza Documents Reviewed: Notice of Intent application by Wetlands and Land Management and site plans by Gail Smith, dated November 18, 2021 Pirrotta reads the legal notice. Bill Manuell of Wetlands Land Management representing the applicant, describes the proposed addition within the 200-Foot Riverfront Area. Manuell notes that there is no work proposed within the No Build Zone and also describes the location of construction access and work methodology. Bertoni asks whether access is available at the front of the property. Manuell notes there is a retaining wall in the area and describes the alternative locations that were considered for construction of the addition. Buchsbaum asks about roof runoff. Tobin Schulman, architect at SV design, describes that the design will implement gutters and that there are no current erosion issues at the site. There being no additional comments or questions from Commissioners or members of the public, Buchsbaum moves to close the hearing. Seconded by Alden - St. Pierre. Bertoni takes a roll call vote. Motion passes 4-0. Beverly Conservation Commission Special Meeting December 7, 2021 Meeting Minutes Page 3 of 9 e. New: 17R Webber Avenue,DEP File#5-1350 — construction of landscaping and hardscape features and paver patio—Jozef de Vries Documents Reviewed: Notice of Intent application and site plans by Hancock Associates, dated November 18, 2021 Pirrotta reads the legal notice. Devon Morse, of Hancock Associates representing the applicant, describes the proposed project noting existing site constraints with the private and public ways and utility easements, and also describes the open Order of Conditions on the property, issued to the builder. Morse describes the work to remove the invasive plant species on the property and to replant the area with native species. This new project includes the outstanding restoration work from the old Order and will increase the overall restoration work at the site. Buchsbaum asks about current stability of the bank,noting that the vegetation, even if invasive, does work to hold things in place. Bertoni suggests a site visit; members agree. Pirrotta asks about any proposed work in the area at the end of Arlington Court to address the existing erosion issue; Morse describes the erosion control and stabilization plans. Hancock Associates will submit a revised plan depicting the work in that area. There are no comments from members of the public. Commissioners schedule a site visit for Saturday, December 11, 2021 at 8:00 a.m. Alden - St. Pierre moves to continue the hearing to the January 4, 2022 meeting. Seconded by Bertoni. Bertoni takes a roll call vote. Motion passes 4-0. f. New: 183 West Street,DEP File#5-1352 —install sewer connection, repoint seawall, reconstruct retaining wall, and associated site work—Beverly Shore and Chubb Island, LLC c/o Maura Blundin Documents Reviewed: Notice of Intent application and site plans by Griffin Engineering Group, dated November 18, 2021 Pirrotta reads the legal notice. Bob Griffin of Griffin Engineering representing the applicant, is present to discuss the project. He describes the completion of the ceased retaining wall work that began without authorization in the fall as well as other planned improvements at the site. Buchsbaum asks about including more native species in the planting list. Commissioners think that a site visit would be appropriate. Buchsbaum asks about driveway curbing and Griffin describes it is intended to keep the pea stone in place. Bertoni asks about the need for a Chapter 91 license for the seawall work and for information on the seawall repointing, and whether the driveway materials will be permeable. Griffin describes the remaining project details. Pirrotta says there is an outstanding Order of Conditions, DEP File #5-1102 regarding the septic system replacement. There are no comments or questions from members of the public. Members schedule a site visit for Saturday, December 11, 2021 at 9:00 a.m. Alden - St. Pierre moves to continue the hearing to the January 4, 2022 meeting. Seconded by Buchsbaum. Bertoni takes a roll call vote. Motion passes 4-0. 4. Reconvene Regular Meeting Beverly Conservation Commission Special Meeting December 7, 2021 Meeting Minutes Page 4of9 Buchsbaum moves to reconvene the regular meeting. Seconded by Alden - St. Pierre. Bertoni takes a roll call vote. The motion carries 4-0. 5. 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 24, 2021 Owner Jonathan Goodwin describes the updated landscaping plan and indicates how the changes address the Commissions earlier questions and comments. Buchsbaum agrees that the plan has satisfied the Commission's requests; other members concur. Bertoni suggests conditions for this project. Alden - St. Pierre moves to issue a Negative 2 and 3 Determination, with the conditions as discussed. Seconded by Buchsbaum. Bertoni takes a roll call vote. Motion passes 4-0. b. Cont.: 9 Melvin Avenue— demolish an existing house—Kevin Hios Documents Reviewed: Request for Determination of Applicability application and attachments, by Kevin Hios, dated November 1, 2021 Pirrotta reports that the applicant requested a continuation without discussion, as they are working to provide the additional information as requested by the Commission. Buchsbaum moves to continue the discussion to the January 4, 2022 meeting. Seconded by Alden-St. Pierre. Bertoni takes a roll call vote. Motion passes 4-0. c. New: 10 Evelyn Road—construction of a deck at an existing house—Kathleen & Armando Martins Documents Reviewed: Request for Determination of Applicability application and attachments, by Kathleen &Armando Martins, dated November 15, 2021 Pirrotta reads the legal notice. There being no applicant or representative at the meeting, Berton asks Commissioners if they are comfortable discussing this agenda item. Members are willing to proceed due to the relative simplicity of the particular project, but note that this is not typical circumstance. Pirrotta describes the proposed project, noting that she met on site with the property owners and displays photos from her site visit. Bertoni suggests conditions including that Pirrotta conduct a pre-construction meeting. Buchsbaum moves to issue a Negative 3 Determination,with the conditions as discussed. Seconded by Alden - St. Pierre. Bertoni takes a roll call vote. Motion passes 4-0. d. New: 2 Pond View Lane— after the fact patio construction and landscaping—James & Catherine Sheehan Documents Reviewed: Request for Determination of Applicability application and attachments, by James & Catherine Sheehan, dated November 19, 2021 Beverly Conservation Commission Special Meeting December 7, 2021 Meeting Minutes Page 5 of 9 Pirrotta reads the legal notice. Owner James Sheehan is present and summarizes their completed project, for which they are now seeking after-the-fact approval. Bertoni asks whether the patio is permeable; Sheehan describes the 1/4-inch gaps, allowing water to infiltrate. Buchsbaum asks about the plants that were installed. Berton asks for a file copy of the plan to include the 50-Foot No Build Zone. Bertoni suggests conditions for the project. Buchsbaum moves to issue a Negative 3 Determination, with the conditions as discussed. Seconded by Alden - St. Pierre. Bertoni takes a roll call vote. Motion passes 4-0. e. New: 284 Essex Street—construction of mudroom addition—Jason Skidgell Documents Reviewed: Request for Determination of Applicability application and attachments, by Jason Skidgell, dated November 19, 2021 Pirrotta reads the legal notice. Bertoni clarifies that this project is being reviewed under the Beverly Ordinance only, as the wetland is an Isolated Vegetated Wetland, not subject to jurisdiction under the Wetlands Protection Act. Owner Jason Skidgell describes the proposed project. Buchsbaum asks if there are any existing drainage problems and how stormwater would be handled; Skidgell replies that there are none and that gutters would be used to convey water the same way that gutters are used on the existing house and garage. Pirrotta clarifies that based on her site visit, runoff flows down the driveway, away from the wetland. Skidgell clarifies that they will be installing a French drain system. Bertoni asks if Skidgell would report back to the Commission next spring,regarding any frog activity in the wetland; Skidgell is amenable. Bertoni suggests conditions for the project. Buchsbaum moves to issue a Negative 3 Determination under the Ordinance only,with the conditions as discussed. Seconded by Bertoni. Bertoni takes a roll call vote. Motion passes 4-0. 6. Requests for Certificates of Compliance a. New: 181 Elliott Street,DEP File#5-558—repave parking lot, install landscaping and lighting, grading, and remove building—Beverly Commerce Park, LLP Documents Reviewed: Request for Certificate of Compliance,by Cummings Properties, LLC, dated November 12, 2021 Damien Savoie of Cummings Properties, representing the applicant, is present to discuss the three requests for Certificates of Compliance for the property. Savoie is requesting a complete Certificate of Compliance for this application, noting that the project was completed about 20 years ago. Bertoni asks if they have current as-built plans to provide. Savoie and Bertoni discuss what information is necessary to satisfy as-built documentation, as Savoie notes that additional work was approved and completed in the overlapping area in the time after this project was finished. Bertoni asks Commissioners if they feel comfortable to close the files without an as- built plan. Pirrotta clarifies that there are other plans on file for other projects, which may help to demonstrate what was built(such as an existing conditions plan for another project essentially serving as an as-built plan for this project). Bertoni would like to continue this item to the next meeting so that Savoie can submit the appropriate documents for this particular project. Buchsbaum moves to continue this request to the January 4, 2022 meeting. Seconded by Alden - St. Pierre. Bertoni takes a roll call vote.Motion passes 4-0. Beverly Conservation Commission Special Meeting December 7, 2021 Meeting Minutes Page 6of9 b. New: 181 Elliott Street,DEP File#5-609 —remove silt from pond and repair eroded bank—Beverly Commerce Park, LLP Documents Reviewed: Request for Certificate of Compliance, by Cummings Properties, LLC, dated November 12, 2021 Damien Savoie of Cummings Properties, representing the applicant requests a complete Certificate of Compliance, this time regarding the silt removal and bank repair work at the pond. Savoie confirms that there is no as-built plan, but that he has provided photos showing before and after the work. The Commission discusses receipt of additional documentation showing that the work was complete. Bertoni is concerned with the lack of information and notes that the pond has since silted back in again. Buchsbaum moves to continue this request to the January 4, 2022 meeting. Seconded by Alden-St. Pierre. Bertoni takes a roll call vote. Motion passes 4-0. c. New: 181 Elliott Street,DEP File#5-690 — construct two-story parking deck over existing parking lot—Beverly Commerce Park, LLP Documents Reviewed: Request for Certificate of Compliance,by Cummings Properties, LLC, dated November 12, 2021 Damien Savoie of Cummings Properties, representing the applicant requests an invalid Certificate of Compliance regarding the parking deck construction, since the work was never initiated or completed, and the Order has since expired. Buchsbaum moves to issue an invalid Certificate of Compliance, under the Massachusetts Protection Act and Beverly Wetland Protection Ordinance. Seconded by Alden-St. Pierre. Berton takes a roll call vote. Motion passes 4-0. d. New: 17R Webber Avenue,DEP File #5-1242 —construct new house with associated utilities and appurtenances and remove two abandoned structures —Jozef de Vries Documents Reviewed: Request for Certificate of Compliance and as-built plan, by Hancock Associates, dated November 18, 2021 Devon Morse of Hancock Associates,representing the applicant, describes the request, noting which portions of the approved work were completed and the outstanding work that would be included as part of the new proposal at the site. The Order was issued to the builder and the current owner is seeking a partial Certificate of Compliance before initiating the new project at the site. Commissioners recommend visiting the site before making a decision, as a site visit was already scheduled regarding the new Notice of Intent at the property. Alden-St. Pierre moves to continue this request at the January 4, 2022 meeting. Seconded by Buchsbaum. Bertoni takes a roll call vote. Motion passes 4-0. 7. Old/New/Other Business a. Enforcement Orders Beverly Conservation Commission Special Meeting December 7, 2021 Meeting Minutes Page 7of9 i. Cont.: 181 Elliott Street - Cummings Center Documents Reviewed: Revised response letter and draft plans by Cummings Properties, dated September 9, 2021 Pirrotta updates the Commission, noting that Mass DEP and Cummings Properties came to an agreement regarding the unauthorized work. The Administrative Consent Order With Penalty included several requirements including that a Notice of Intent be filed and once the Commission issues the Order and Cummings completes the work, the applicant would then be able to seek a return to compliance from Mass DEP. Pirrotta notes that no action is needed under the EO and confirms that the Commission wants to remove this topic from the agenda. ii. Cont.: 0 Netherton Avenue Documents Reviewed: Topographic Plan of Land by Hancock Associates, dated July 14, 2021 Owner Anthony Gaglione is not present at the meeting. Pirrotta reads an email from the owner, dated earlier that day noting that he is still working to have someone remove the unauthorized fill and Pirrotta notes that she encouraged him to attend the meeting but that she received no other response. Commissioners express reluctance on fines, but concur that it is necessary to begin assessing daily fines at this point, as the fill has been in place since March, with no movement or update on a timeline for removal. Commissioners and Pirrotta discuss the process for referring this case to Mass DEP. The Commission is concerned with the lack of action and the continued violation and impact on abutters and the wetland. Buchsbaum moves to assess fine of$100 per day under the Ordinance until a restoration plan has been submitted,preferably in time to review at the January 4, 2022 meeting. Seconded by Alden - St. Pierre. Bertoni takes a roll call vote. Motion passes 4-0. b. Tree Removals,If Any i. 28 Whitehall Circle, Steven Smith Pirrotta describes the request for the removal of two hazardous trees within the 100-Foot Buffer to Bordering Vegetated Wetlands at 28 Whitehall Circle. The owner is requesting to remove a white pine tree and a red oak tree, and note that they would also be pruning a second red oak tree. The Commission reviews the request along with photos from-Pirrotta's site visit. Bertoni moves to approve the tree removal request with the standard conditions, in addition to keeping at least one of the trees at a snag height to serve as habitat since these are some of the larger trees in the area. Seconded by Alden-St. Pierre. Bertoni takes a roll call vote. The motion passes 4-0. c. Minor Project Permits, If Any i. 15 Doane Avenue Pirrotta describes the proposed deck replacement within the 100-Foot Buffer to Bordering Vegetated Wetlands. The replacement would be within the existing footprint, with all materials to be appropriately disposed of off-site. The Commission reported no objections to the approval. Beverly Conservation Commission Special Meeting December 7, 2021 Meeting Minutes Page 8of9 d. New: Tuck Point Condominium Trust,DEP File #5-1269 —use of sodium-based products John Hamilton, President of the Tuck Point Board of Trustees, is present to discuss the November 17, 2021 letter to the Commission regarding concerns with the prohibition of sodium- based ice melt products. Bertoni notes the ongoing condition for the property was described in the 2017 Order of Conditions and is a standard perpetual condition for most all Orders that the Commission issues. Hamilton suggests that another town waived a perpetual condition for one of his past projects. Bertoni expresses concerns with changing a perpetual condition and notes that the Commission was not presented with any information on how the Commission would legally be able to do so. The Commission notes that there are many alternatives on the market that should be available. Buchsbaum did a brief internet search and suggests a sodium-free de-icing product for Hamilton to look into. e. New: National Grid Yearly Operating Plan 2022 notice The Commission acknowledges receipt of a Yearly Operating Plan Notice from National Grid. f. Other: Discussion or Action Items Related to Commission Business, Correspondence, etc. Received/Issued After Publication of Agenda,If Any Bertoni asks Pirrotta to reach out to the West Beach Corporation and immediate abutters regarding permitting for seasonal beach raking at West Beach. Pirrotta will send the letter and attach the endangered species guidance. g. Expenditure Approvals,If Any 8. Orders of Conditions, If Any a. 181 Elliott Street,DEP File#5-1353 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 passes 3-0-1 with Jones abstaining. b. 375-413 Hale Street,DEP File#5-1348 The Commission recaps the project and discusses the issuance of an Order of Conditions. Buchsbaum moves to issue an Order of Conditions under the MA Wetlands Protection Act and Beverly Wetlands Protection Ordinance with the special conditions as discussed and the standard general and perpetual conditions. Seconded by Alden - St. Pierre. Bertoni takes a roll call vote. Motion passes 4-0. c. 547 Essex Street,DEP File#5-1349 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 Beverly Conservation Commission Special Meeting December 7, 2021 Meeting Minutes Page 9of9 Wetlands Protection Ordinance. Seconded by Buchsbaum. Bertoni takes a roll call vote. The motion passes 4-0. d. 11 Webber Avenue,DEP File#5-1351 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. Bertoni takes a roll call vote. The motion passes 4-0. 9. Approval of Minutes (as available) a. October 26,2021 Members review the minutes in question. Buchsbaum moves to approve the October 26, 2021 minutes, as written. Seconded by Alden - St. Pierre. Bertoni takes a roll call vote. Motion passes 3-0-1,with Jones abstaining. b. November 4,2021 Members review the minutes in question. Alden - St. Pierre moves to approve the November 4, 2021 minutes, as written. Seconded by Bertoni. Bertoni takes a roll call vote. Motion passes 3-0- 1,with Jones abstaining. c. November 16,2021 Members offer their comments and edits to the minutes in question. Buchsbaum moves to approve the November 16, 2021 minutes as amended. Seconded by Bertoni. Bertoni takes a roll call vote. Motion passes 4-0. 10. Adiournment Alden-St. Pierre moves to adjourn at 11:06 p.m. Seconded by Jones. Bertoni takes a roll call vote. The motion carries 4-0. The next regular meeting of the Conservation Commission will be held on Tuesday, January 4, 2022.