No preview available
11_04_2021 Cons Com Minutes - final Beverly Conservation Commission Special Meeting November 4, 2021 Meeting Minutes Page 1 of 6 CITY OF BEVERLY PUBLIC MEETING MINUTES BOARD OR COMMISSION: Beverly Conservation Commission SUBCOMMITTEE: N/A DATE: November 4, 2021 LOCATION: Virtual Meeting Access Only via Google Meet MEMBERS PRESENT: Chair Christine Bertoni, Vice Chair Robert Buchsbaum, William Squibb MEMBERS ABSENT: David Alden - St. Pierre OTHERS PRESENT: Environmental Planner Jenna Pirrotta; Planning Director Darlene Wynne RECORDER: Stacia Chamberlain 1. Chair Bertoni calls this special meeting to order at 7:03 p.m. and reads the public notice regarding holding meetings remotely due to Covid-19. The last regular meeting was concluded early due to technical issues related to inclement weather and losing a quorum, and this special meeting was scheduled primarily to discuss the outstanding agenda items. 2. Trustees Presentation of Community Preservation Act application for Moraine Farm David Santomenna, Associate Director of Land Conservation at the Trustees, is present to discuss their upcoming acquisition of Moraine Farm. The Trustees submitted a pre-application to the Community Preservation Committee for funds related to the acquisition and development of the property into a reservation. The Trustees is proposing that the City be the applicant on the full proposal and that there be a Conservation Restriction on portions of the property that the Conservation Commission would hold. Santomenna is looking to provide information and answer any questions from the Commission at this point,while the full application is being developed. Bertoni asks about the details of the full application and clarifies whether the Trustees is asking for the City to hold the Conservation Restriction. Darlene Wynne adds that she suggested the Trustees formally reach out to the Commission as they work through the proposal with other City officials. Buchsbaum has some concerns about what the holding of the Conservation Restriction would entail,however he is having technical issues and attendees are unable to discern what he is saying. Wynne acknowledges the concern of the responsibility for managing and monitoring the Conservation Restriction. Santomenna says that there are some obligations by the Trustees to monitor and steward the property. These are details that would be worked out later on in the process. The Commission agrees that this is a positive opportunity. 3. Recess for Public Hearings Beverly Conservation Commission Special Meeting November 4, 2021 Meeting Minutes Page 2 of 6 Squibb moves to recess for public hearings. Seconded by Bertoni. Berton takes a roll call vote. Motion passes 3-0. 4. Notice of Intent/Abbreviated Notices of Intent/Requests for Amended Orders of Conditions a. 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 October 12, 2021 Scott Patrowicz of Patrowicz Land Development Engineering, representing the applicant, and Curtis Cheney of Collins Engineers Inc, structural engineer, are present to discuss the proposed project. They discuss the methods they plan to employ to repair the stone seawall, including the length of time it will take for the marine-grade concrete to be poured and to cure. Bertoni comments that another benchmark besides Beverly GIS topographic data is needed to establish more accurate information for a Notice of Intent, to establish whether the work is located above mean high water. Buchsbaum agrees with Bertoni,noting that per the photos,the work is in the black-stained area on the rocks where there are encrusted organisms. Patrowicz says that he is willing to gather more accurate information. He is concerned about delays in permitting as winter months approach and the temperatures needed to do the work. He adds that in his research he did not find a Chapter 91 license. Bertoni asserts that if they have a Chapter 91 license, it would facilitate regular maintenance. She requests that they establish whether the work needs a Chapter 91 license before beginning work. Bertoni asks about materials they plan to use,with concerns for the type of concrete. Cheney answers that the mass of the wall is mortared, and that concrete will adhere appropriately. Bertoni asks that the applicants return with more detailed information about the topography and water line. Patrowicz notes that the work methodology would be the same regardless of the determination of the mean high water line and that time is of the essence. Squibb asks if they would put a form across the hole. Cheney confirms that they would install a one-sided form and conduct two concrete pours. Bertoni is of the opinion that the Commission needs to confirm if the project is below or above Mean High Water before doing repairs. Squibb suggests a site visit and other members agree. There are no questions or comments from members of the public. The Commission schedules a site visit for 3:00 p.m. on Sunday,November 7, 2021. There being no further questions or comments, Buchsbaum moves to continue the hearing to the November 16, 2021 meeting. Seconded by Bertoni. Motion passes 3-0. 5. Reconvene Regular Meeting Beverly Conservation Commission Special Meeting November 4, 2021 Meeting Minutes Page 3 of 6 Squibb moves to reconvene the regular meeting. Seconded by Buchsbaum. Bertoni takes a roll call vote. The motion carries 3-0. 6. Requests for Certificates of Compliance a. New: 9 Waldemar Avenue,DEP File#5-1224 — demolish existing and construct new single family house with associated appurtenances —Jeff Avallon Documents Reviewed: Request for Certificate of Compliance letter and form from Glovsky Counselors at Law, dated October 4, 2021 Owner Jeff Avallon is present to discuss the request. He is requesting to close out the Order of Conditions,noting that the project was approved but work was never undertaken. Pirrotta confirms she was on site with the owner and did not observe that any work was undertaken and that original conditions were still present. Bertoni entertains questions from the Commissioners. In response to a question from Squibb, Avallon clarifies that no work was done on the property under the Order of Conditions. Buchsbaum moves to issue an invalid Order of Conditions. Seconded by Squibb. Bertoni takes a roll call vote. The motion carries 3-0. 7. Old/New/Other Business a. Enforcement Orders 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 that MassDEP is still considering their enforcement options and that she has not received any other information. Bertoni suggests the Commission pass on making a decision until they hear from the DEP. ii. Cont.: 0 Netherton Avenue Documents Reviewed: Topographic Plan of Land by Hancock Associates, dated July 14, 2021 Pirrotta updates the Commission that the property owner contacted contractors regarding quotes to remove the fill, but no representatives are present to discuss it. Bertoni seeks input from the Commissioners as to how to proceed. Buchsbaum suggests they request the owner appear at the next meeting and show progress toward removing the fill, otherwise impose fines. Bertoni feels that the owner needs to show up to the next meeting and with no updates, the Commission will amend the enforcement order and begin assessing fines, since the owner is in clear violation and is impacting abutters. Buchsbaum agrees. Bertoni requests that Pirrotta reach out to the owner with the Commission's intentions for the next meeting. Beverly Conservation Commission Special Meeting November 4, 2021 Meeting Minutes Page 4 of 6 iii. Cont.: 71 Shortell Avenue,DEP File #5-1288 Documents Reviewed: Revised Erosion Control Plan by Griffin Engineering Group, dated September 7, 2021 Pirrotta updates the Commission that she met with the owner and engineer on site and that the erosion control plan has been implemented. The conditions of the enforcement order appear to have been met. Buchsbaum asks whether the enforcement order should be lifted and Bertoni questions whether it should be left in place during construction. Pirrotta notes that at the site visit,the owner asked that the Commission consider lifting it, but that she doesn't believe it's necessary for the Commission to take action on it, if they choose. The Order of Conditions is still valid and that also carries conditions on implementation of adequate erosion controls. Pirrotta reports that the owner does not plan to have final site stabilization until next summer. Bertoni and Buchsbaum feel that the enforcement order should be kept open for now,until they are sure everything is stabilized. Squibb concurs. b. Tree Removals,If Any i. 400 Hale Street-Endicott College service lane Pirrotta reports the Commission received a request for the removal of two trees near the Endicott College service lane. The Commission reviews the request along with photos from Pirrotta's site visit. Squibb moves to approve the tree removal request with the standard conditions. Seconded by Buchsbaum. Bertoni takes a roll call vote. The motion passes 3-0. c. New: 28 Whitehall Circle,DEP File #5-1133,letter on ongoing conditions —W. Stephen Smith & Gayle Smith Owner Stephen Smith is present to discuss his concerns with one of the perpetual conditions in the recently issued Certificate of Compliance, and refers to his letter to the Commission dated October 13, 2021. He is asking the Commission relieve him of the requirement of the ongoing special condition 46 to annually inspect and clean the drywell, as it is not accessible. Bertoni asks how the owner would know if the drywell is not working. Smith responds that to his knowledge, it is working, but there is no port to access it and the as built plan indicates that it is located underneath the pool patio. The original approved plan depicted the drywell in a different location and the as built notes that the location under the pool patio was based on the description by the builder and it was not field located by the surveyor. Smith did not receive requested information from the builder or engineer on the location of the drywell. Members consider the request and discuss adding a note to this file and expectations on inspection of the drywell. They also discuss camera scoping of the drywell, which Smith plans to have someone do. Smith will update the Commission pending results of the scoping. d. Other: Discussion or Action Items Related to Commission Business, Correspondence, etc. Received/Issued After Publication of Agenda,If Any Beverly Conservation Commission Special Meeting November 4, 2021 Meeting Minutes Page 5 of 6 i. National Grid maintenance at 1-11 Greenwood Avenue Pirrotta updates Commissioners on National Grid performing maintenance activities to replace the gas line along Greenwood Avenue off of Common Lane. Bertoni requests that Pirrotta thank National Grid for their notice. ii. Building Permit Application holds Pirrotta requests feedback from the Commission regarding application types expected for projects that came through for building permit applications: 11 Webber Avenue for an addition within 200-Foot Riverfront Area, 9 Brookhead Avenue for deck and sunroom replacement within 200-Foot Riverfront, and 10 Evelyn Road deck installation within 100-Foot Buffer. The Commission agrees that at least a Request for Determination of Applicability would be required for each project. e. Expenditure Approvals,If Any Pirrotta describes that she would like to begin sending notices to new owners of properties that contain wetland resource areas and their buffers. She requests whether the Commission would pay postage costs for these letters. Members agree that this is a worthy expenditure and help to gain compliance. They discuss scheduling reimbursement quarterly. L New: Vote Authorizing Electronic Signatures Pirrotta updates the Commissioners regarding the authorized use of electronic signatures during remote meetings. The Commission's previous vote to use electronic signatures on issued permits was tied to the duration of the State of Emergency. The Commission could take a new vote to allow the Commission to continue to use electronic signatures for items issued during remote meetings only. Squibb moves to authorize the use of electronic signatures when conducting remote meetings. Seconded by Buchsbaum. Bertoni takes a roll call vote. Motion passes 3-0. 8. Approval of Minutes (as available) a. September 14,2021 Members review the minutes and offer edits. Buchsbaum moves to approve the September 14, 2021 meeting minutes as amended. Seconded by Squibb. Berton takes a roll call vote. Motion passes 3-0. b. September 27,2021 Members review the minutes and offer edits. Buchsbaum moves to approve the September 27, 2021 special meeting minutes as amended. Seconded by Squibb. Bertoni takes a roll call vote. Motion passes 3-0. c. October 5, 2021 Members review the minutes and offer edits. Buchsbaum moves to approve the October 5, 2021 meeting minutes as amended. Seconded by Squibb. Bertoni takes a roll call vote. Motion passes 3-0. Beverly Conservation Commission Special Meeting November 4, 2021 Meeting Minutes Page 6 of 6 9. Adiournment Squibb moves to adjourn at 9:27 p.m. Seconded by Buchsbaum. Bertoni takes a roll call vote. The motion carries 3-0. The next regular meeting of the Conservation Commission will be Tuesday, November 16, 2021.