Loading...
10_18_2022 Cons Com Minutes - final Beverly Conservation Commission October 18,2022 Meeting Minutes Page 1 of 8 CITY OF BEVERLY PUBLIC MEETING MINUTES BOARD OR COMMISSION: Beverly Conservation Commission SUBCOMMITTEE: DATE: October 18, 2022 LOCATION: MEMBERS PRESENT: Vice Chair Robert Buchsbaum,Amber Redmond, William Squibb, Meghan Jones MEMBERS ABSENT: Chair Christine Bertoni OTHERS PRESENT: Planning Dept Director Darlene Wynne RECORDER: Naomi Moca 1. Vice Chair Buchsbaum calls the meeting to order at 8:00 p.m. and reads the public notice regarding holding meetings remotely due to Covid-19. Sqibb moves to recess. Redmond seconds. Buchsbaum takes a roll call vote. Motion passes 4-0. 2. Recess for Public Hearings 3. Notice of Intent/Abbreviated Notices of Intent/Requests for Amended Orders of Conditions a. Cont: 6 Morningside Drive,DEP File #5-1372—construct an in-ground pool,patio, garage addition, and associated site work—Edvaldo Moura Da Silva George Zambouras, the engineer on the project, is present on behalf the applicant. He summarizes the site visit,where neighbors were permitted to attend also. There was some concern about flooding. The riverfront encompasses the bulk of the lot. For that reason, the pool will be located close to the deck and dwelling, and it is impossible to move the pool farther away from the riverfront, so there is no alternative location for the pool. They have proposed to reduce impact to the riverfront to reduce the size of the pool area by 10%. Zambouras will provide mitigation, such as, while still requesting four trees to be removed, he will eliminate the removal of one tree, and he has included the replanting of trees in the mitigation plan, and removal of debris among other mitigation steps. Zambouras provides calculations of the volume that will be filled in and that will be provided to mitigate removal of material. The net volume of new replacement flood storage is greater than what is being removed with the project. Buchsbaum asks about the pool de-watering methods. Zambouras states the chlorine will first dissipate from the water through natural or chemical means, and then it will filter over the land and grass. Redmond asks how many trees are being removed, and Zambouras states four, down from five originally. Beverly Conservation Commission October 18,2022 Meeting Minutes Page 2 of 8 Paul DiNapoli of 20 Morningside Drive asks where the plan will go after being discussed by the Conservation Commission, and Buchsbaum states that if the applicant answers all questions to the Commission's satisfaction, then the hearing would be closed, and then an order of conditions will be drafted by the Commission for the project. DiNapoli asks where it goes after that, and Wynne states the project will go to the Building Department for administrative review. Redmond asks about the number of trees marked for removal, to allow for sun and to manage pine needle falling. Redmond asks if it is necessary for all three trees near the pool to be removed, considering they are healthy. She asks what the rationale is for removing the third tree. Zambouras states it is based on their height since they cast a large shadow, and are a filthy tree as pine needles scatter widely. Buchsbaum asks what is being planted to replace them, and Zambouras states one red oak and three silver maples, and points out the locations on the site plan. Squibb asks about the plan for the stumps. Zambouras states he assumes they will be ground. Da Silva clarifies that the stumps will be cut flush and not removed. Redmond moves to close the public hearing. Seconded by Squibb. Buchsbaum takes a roll call vote. Motion passes 4-0. b. Cont.: 19R& 21 Linden Avenue,DEP File#5-1375—construct a patio with associated stairs and landscape walls and re-construction of stairs to an elevated deck at 19R Linden Avenue and landscaping improvements at 19R and 21 Linden—Frederick& Joy Doyle Bob Griffin is present on behalf of the applicant. He summarizes the discussion of the plan at the last meeting. He states that the invasive species include knotweed, grape leaves which appear to be choking the trees, and honeysuckle. During the site walk the idea of dividing the slope work into two phases came up. Phase one work will be in the upper area, and phase two will be in the lower area after the first growing season. Phase one will include applying herbicide to the existing vegetation with the exception of the trees, then grubbing out the dead plant by hand, placing loam,planting hydrangeas, inkberries, perennials,juniper, Virginia rose, blueberry, and dogwood. Then he will place erosion control blankets over disturbed area, and continue to remove invasives as they crop up in the first growing season. The red maple has a canopy of 40 feet and eastern red cedar has a canopy of 20 feet. Buchsbaum states that obtaining a certificate of compliance will have to wait until completion of the second phase. Squibb asks about the plot image shading at the top of the first bank. Griffin clarifies the elevation of the shading demarcation on the site plan. Squibb asks about the stability of the area. Griffin states that the rip rap will be left untouched. Griffin states that after Phase one the visibility down the slope will be improved. Buchsbaum states that knotweed control takes place ideally in September. Griffin states that the applicant plans to hire professionals. Beverly Conservation Commission October 18,2022 Meeting Minutes Page 3 of 8 Squibb asks if there is a plan for the Agent to return to the site after Phase one has been completed, and Buchsbaum states that this is a good idea. Griffin states a progress report after Phase one would be appropriate. Squibb moves to close the public hearing. Seconded by Redmond. Buchsbaum takes a roll call vote. Motion passes 4-0. c. New: 25 Linden Avenue,DEP File #5-1376—reconstruct existing retaining wall and associated landscape—Leslie Salter Wynne reads the legal notice. Kristan Farr of Hancock Associates presents on behalf of the applicant. There is a retaining wall that is part of a coastal bank that was damaged by a tree fall. The request is to replace the retaining wall in kind. There will be minor grading around the replacement retaining wall. The existing wall is five feet tall and the replacement will be four feet tall. If not replaced,it will likely deteriorate and fall into the river. Part of the project is in the 25-foot no disturb zone. Post construction, the applicant will loam and seed the area. There are 82 square feet of mitigation plantings proposed along the existing deck. Buchsbaum asks for clarification on the expired order of conditions. Buchsbaum asks about not disturbing the barge and things fixed on the floor of the Bass River, and if the work will be entirely land-based. Farr states yes. Buchsbaum states that a site visit may be appropriate. Redmond and Squibb agree that a site visit is appropriate. A site visit is scheduled for 8 a.m. Saturday, October 29, 2022. Squibb moves to continue to the next meeting. Seconded by Jones. Buchsbaum takes a roll call vote. Motion passes 4-0. d. Cont.: 40 Pickman Road,DEP File#5-1374—construct a new single-family house with associated appurtenances—Robert& Mary Giunta Bill Manuell presents on behalf of the applicant. As discussed at the site visit, the applicant is amenable to a pre-construction walk through to determine if any trees can be saved. Buchsbaum asks what the plan is for the stumps. Manuell states that they will be pulled and taken off site. Squibb moves to close the public hearing. Seconded by Jones. Buchsbaum takes a roll call vote. Motion passes 4-0. a. New: 5 Preston Place,DEP File#5-1377—review and affirm the extent of wetland resource areas delineated—Andrew Campbell Wynne reads the legal notice. Mary Rimmer of Rimmer Environmental presents on behalf of the applicant. Three-acre parcel contains a large,ponded area, isolated, with no other streams connected to it. It qualifies for protection as a wetland under local bylaw. Spotted salamander Beverly Conservation Commission October 18,2022 Meeting Minutes Page 4 of 8 and wood frog egg masses were found. Squibb asks if it is a double vernal pool, and Rimmer states that it is two pockets within the same wetland system, both functioning as vernal pools. Rimmer will clarify if it is confirmed by the state as a vernal pool. Buchsbaum states that a site visit to confirm the delineations is appropriate. A site visit is scheduled for 9 a.m. Saturday, October 29. Jake Bartlett,neighbor of the site, asks what the purpose of the delineation is. Rimmer states that it is a voluntary process used as a planning tool in case there is a future project planned on the site, to know what the constraints are. A confirmed boundary, whose lines do not change,is helpful for designing projects. Redmond moves to continue to the next meeting. Seconded by Squibb. Buchsbaum takes a roll call vote. Motion passes 4-0. 4. Reconvene Regular Meeting 5. Requests for Determination of Applicability a. Cont: 36 Cornell Road—Install a temporary pool with associated stone wall and a small deck, renovate existing deck—Kyle and Danielle Baker. Kyle Baker shares a more detailed site plan as requested at the previous meeting. He explains the project will include an oval pool, with a proposed stone wall for aesthetic purposes. The pool will be placed 24"into the ground, and the existing deck will be replaced with a deck of the same size, using composite material. Buchsbaum asks if the deck is a replacement of the existing deck, and if the patio surface is new, and Baker confirms that is correct. Currently the patio area is lawn with no vegetation. Buchsbaum asks about the slope of the area from the rear of the dwelling to the pool, and from the pool to the wetland. Baker states the dimensions and Buchsbaum observes that it is relatively flat. Redmond asks if the pool indentation is 24" all the way around, and Baker states that it will be 24" at the deepest, and shallower in other areas, to keep the pool level. Danielle Baker states that it will be a saltwater pool, and they do not plan to drain it. Seasonally, they will winterize it and there will be little draining of it into the lawn. Buchsbaum states erosion control will be needed during the project, and Baker states that they will place erosion control in addition to the existing erosion control from the initial development of the property. Redmond moves to grant a Negative 3 determination. Seconded by Squibb. Buchsbaum takes a roll call vote. Motion passes 4-0. Beverly Conservation Commission October 18,2022 Meeting Minutes Page 5 of 8 b. Cont: 313 Hale Street—remove existing overgrown vegetation and lawn and landscape with garden and water features—Gregory Power. Power shared a more detailed site plan as requested at the previous meeting. He provided a detailed plant list as requested at the previous meeting, as well as the size of the yews that are slated for removal, and the dogwoods that are embedded in the yews. Originally Power planned to rebuild an existing stone wall on the edge of the property along Endicott College, but now he proposes eliminating that part of the project. Redmond states that trimming of dogwoods was proposed at the last meeting to see if they can be spared. Power agrees, as he is unsure how much they are embedded in the yews. Jones agrees that efforts can be made to spare some dogwoods. Jones states that erosion control by the creek is needed, as discussed at the site visit. Redmond moves to grant a Negative 3 determination. Seconded by Jones. Buchsbaum abstains. Buchsbaum takes a roll call vote. Motion passes 3-0. 6. Old/New/Other Business 7. Requests for Minor Modification to Order of Conditions a. Cont: 17R Webber Avenue,DEP File #5-1350 - Jozef DeVries DeVries provides a letter from developer, Essex Horticulture, stating details of the drywell and items requested at the previous meeting. Buchsbaum asks which of the two alternatives in the letter will be used. DeVries and Buchsbaum agree that the second option is better as it is less disruptive. Buchsbaum suggests some future visits by the Agent to check on progress and drainage and DeVries agrees. Redmond moves to grant a minor modification with a reporting requirement on the drainage system in coordination with the other parts of the Order of Conditions. Seconded by Jones. Buchsbaum takes a roll call vote. Motion passes 4-0. 8. Enforcement matters a. New: Potential violation on parcel#40-6 near 36 Colgate Road. This property is held partially in ownership by the Commission and Essex Green Belt has a conservation restriction on part of it. The Commission was alerted to vegetation removal by a neighboring property owner that has infringed on the Conservation Commission parcel. Wynne presents photos of the clearing that has infringed on the City's property. There is no wetland delineation, but runoff has impacted erosion at 36 Colgate Road as it flows toward 34 Colgate Road. There is active grading, a large Beverly Conservation Commission October 18,2022 Meeting Minutes Page 6 of 8 compost and debris pile on the property near the city boundary because there is a floral business on site, and grass seed has been spread in that location. Wynne states Engineering met with the property owner on September 20. Wynne states that the Commission could issue an enforcement order, issue a letter of encroachment, and also could require compensation. Buchsbaum states that the Agent will work with the Solicitor's office to issue an encroachment letter. Redmond moves to approve an enforcement order to the owner 36 Colgate Road to cease activities on City land that is under the management of the Conservation Commission. Seconded by Squibb. Buchsbaum takes a roll call vote. Motion passes 4-0. 9. Minor Proiect Permits a. New:140 Hart Street Buchsbaum observes that a minor project permit seems unusual for the construction of a house, but it is because it is on a"pork chop" lot with a stream. Access to the property requires crossing over the river, while work will not be within the area of the stream. Wynne states it is currently only a demolition permit. Squibb asks how the demolition material will be handled. Wynne states that it will be carted out off site and disposed of properly. Wynne states erosion control will be placed along the stream. Jones moves to approve the minor project permit for the demolition only,indicating applicant should consider whether further review is needed before doing construction. Seconded by Redmond. Buchsbaum takes a roll call vote. Motion passes 4-0. 10. 10:06 p.m. Orders of conditions,if any a. 6 Morningside Drive The Commission proposed conditions: 1) all demolished materials, excavated soils, or other related debris shall not be stockpiled but rather shall be removed immediately from the site for appropriate disposal. 2) At least two weather-resistant signs or monuments, not less than two feet in height, shall be installed at the edge of the 25-foot No Disturbance zone, bearing the following language on their upland side: "Protected Wetland area,no disturbance beyond this point per order of the Beverly Conservation Commission." 3) The markers described in special condition two above shall be kept in good repair and replaced as necessary. This condition shall survive as an ongoing condition beyond the issuance of a certificate of compliance. 4) The operation and maintenance of all stormwater best management practices shall be adhered to to the manufacturer's specifications. This condition shall survive in perpetuity beyond the issuance of a complete certificate of compliance. 5)Access covers for the stormwater Beverly Conservation Commission October 18,2022 Meeting Minutes Page 7 of 8 infiltration system shall be stored at grade for inspection and maintenance. 6) The mitigation planting shall exhibit 75% survivorship shrubs and 100%for trees for not less than two growing seasons after their installation. A complete certificate of compliance shall not be issued until said survivorship is verified. 7)Any pool backwash or de- watering shall be directed away from the resource area and toward the storm water infiltration system. This condition shall survive in perpetuity beyond the issuance of a complete certificate of compliance. 8)Pool backwash will not occur within two weeks of chlorination. This condition shall survive in perpetuity beyond the issuance of a complete certificate of compliance. 9) Fencing slats shall not have less than a four-inch gap at the bottom to allow for wildlife movement. 10) Shrubs shall be planted in the area of pine tree removals. Redmond moves to accept conditions as discussed. Seconded by Jones. Buchsbaum takes a roll call vote. Motion passes 4-0. b. 40 Pickman Road The Commission proposed conditions: 1) All demolished materials, excavated soils, or other related debris shall not be stockpiled but rather shall be removed immediately from the site for appropriate disposal. 2) At least two weather-resistant signs or monuments, not less than two feet in height, shall be installed at the edge of the 25-foot No Disturbance zone, bearing the following language on their upland side: "Protected resource area,no disturbance beyond this point per order of the Beverly Conservation Commission." 3) The markers described in special condition two above shall be kept in good repair and replaced as necessary. This condition shall survive as an ongoing condition beyond the issuance of a certificate of compliance. 4) The operation and maintenance of all stormwater best management practices shall be adhered to to the manufacturer's specifications. This condition shall survive in perpetuity beyond the issuance of a complete certificate of compliance. 5)Any mitigation planting shall exhibit 75% survivorship for shrubs and 100% for trees for not less than two growing seasons after their installation. A complete certificate of compliance shall not be issued until said survivorship is verified. 6)At the pre-construction meeting the parties shall walk along the coastal bank to identify any trees to be saved. Jones moves to accept conditions as discussed. Seconded by Redmond. Buchsbaum takes a roll call vote. Motion passes 4-0 c. 19R and 21 Linden ave The Commission proposed conditions: 1)All demolished materials, excavated soils, vegetation, or other related debris shall not be stockpiled but rather shall be removed immediately from the site for appropriate disposal. 2) At least two weather-resistant signs or monuments, not less than two feet in height, shall be installed at the edge of the 25- foot No Disturbance zone, bearing the following language on their upland side: "Protected Wetland resource area, no disturbance beyond this point per order of the Beverly Conservation Commission October 18,2022 Meeting Minutes Page 8 of 8 Beverly Conservation Commission." 3) The markers described in special condition two above shall be kept in good repair and replaced as necessary. This condition shall survive as an ongoing condition beyond the issuance of a certificate of compliance. 4)Any mitigation planting shall exhibit 75% survivorship for shrubs and 100% for trees for not less than two growing seasons after their installation. A complete certificate of compliance shall not be issued until said survivorship is verified. 5) Erosion control blankets shall be installed on the coastal bank after vegetation removal. 6) Herbiciding shall be carried out by a licensed herbicide applicator. 7) There shall be an evaluation by the Agent after the completion of phase one to determine the success of the project before continuing on to phase two. Jones moves to accept the conditions as discussed. Seconded by Redmond. Buchsbaum takes a roll call vote. Motion passes 4-0. Misc. Wynne states there is an accepted job offer for the position of Agent,pending clearances, who hopefully will start November 7, 2022. Wynne states the Sally Milligan bridge project was approved by the City Council on October 17, 2022. The project will be implemented with the grant. Adiournment Redmond moves to adjourn. Seconded by Jones. Buchsbaum takes a roll call vote. Motion passes 4-0. Meeting ends at 10:25 p.m. The next regular meeting of the Conservation Commission is scheduled for Wednesday, November 9, 2022.