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9-9-20 Con Com Minutes - FINAL Beverly Conservation Commission September 9, 2020 Meeting Minutes Page1of9 CITY OF BEVERLY PUBLIC MEETING MINUTES BOARD OR COMMISSION: Beverly Conservation Commission  SUBCOMMITTEE:  DATE: September 9, 2020 LOCATION: Remotely held meeting through Google Hangouts Meet MEMBERS PRESENT: Chair Christine Bertoni, Vice Chair Robert Buchsbaum,  Stephanie Herbster, David Dines, William Squibb,  MEMBERS ABSENT: Richard Grandoni  OTHERS PRESENT: Environmental Planner Jenna Pirrotta RECORDER: Sarah Scott-Nelson Bertoni calls the meeting to order at 6:33 p.m. Bertoni reads the virtual meeting guidelines and notes that the meeting is being held in accordance with temporary Open Meeting Law adjust-  ments due to the State of Emergency associated with the COVID-19 outbreak. APPROVAL OF MINUTES There are no minutes available for review. RECESS FOR PUBLIC HEARINGS Squibb moves to recess for public hearings. Seconded by Herbster. The motion carries 5-0. NOTICES OF INTENT / ABBREVIATED NOTICES OF INTENT / REQUESTS FOR AMENDED ORDERS OF CONDITIONS Cont: 50 Dunham Road, DEP #5-1303 Dunham Ridge, LLC Michael Aveni, representing Cummings Properties, summarizes the plans for the construction of a paved materials storage area. Aveni highlights the changes on the third plan revision, including removing work from the 100-Foot No Disturbance Zone to Vernal Pools and removing the pro- posed commercial building. Buchsbaum asks why it is necessary to pave the area for the goal of storing materials. Aveni replies that this area would be a permanent location and paving would prevent an excess of mud. Squibb asserts that he is only in favor of putting a gravel base in the area since it is a storage area. Aveni restates the desire to have a paved surface and asks that the Commission consider this proposal as presented. Bertoni asks where the paving and grading would take place, with a preference for moving the grading out of the buffer zone. Ber- toni also asks about relocating the stormwater system out of the 100-Foot Buffer Zone. Bertoni asks if the applicant would consider dedicating some upland areas to place into a Conservation Restriction. Stephen Drohosky of Cummings Properties replies that they cannot promise that there would be no further building throughout the property. Squibb comments that he has heard from abutters that they do not wish to see any more impervious surface or building at the site. Bertoni com- ments that the mandate is always to avoid, minimize, and mitigate impacts. Beverly Conservation Commission September 9, 2020 Meeting Minutes Page2of9 Drohosky comments that Cummings Properties wants to work collaboratively with the Commis- sion on something that is approvable. There were no additional comments from abutters or the public. There being no further questions or comments, Herbster moves to close the hearing. Seconded by Dines. The motion carries 4-1, with Squibb dissenting. Cont: 175 & 179 West Street, DEP #5-1302 Gerhard Schulmeyer Michael DeRosa of DeRosa Environmental representing the applicant, reports that there have been significant changes in the plan from the original proposal, including the removal of the bas- ketball court, greenhouse, the privacy wall, and work on the seawall. The project was simplified to include the building addition and the surrounding walkway/patio. DeRosa states that this new plan includes the reduction of impervious surface in each of the resource areas/buffers. The Commission expresses their appreciation of these changes. DeRosa notes that since a majority of the landscaping was removed from the plan, in the future, the applicant may return to the Com- mission with a modification request to incorporate a landscape plan. Any future work on the sea- wall would be under a new Notice of Intent submitted to the Commission for review. There were no comments from abutters or the public. There being no further questions or comments, Buchsbaum moves to close the hearing. Se- conded by Squibb. The motion carries 5-0. Cont: 29 Ober Street, DEP #5-1308 raze and replace a single-family dwelling and install a pool and driveway Patricia Pellegrino Per request of the applicant, Dines moves to continue to continue the hearing to the September 29, 2020 meeting. Seconded by Herbster. The motion carries 5-0. New: 11 Juniper Street, DEP #5-1310 Edward Plummer Pirrotta reads the legal notice. Mary Rimmer of Rimmer Environmental representing the appli- cant, explains the plans for garage construction and site grading. Bertoni asks if the applicant has explored an alternate location of the proposed garage that would avoid the impact on the buffer. Mr. Plummer replies that they did explore alternate locations but there was not enough space and they were careful to minimize work in the buffer zone. In response to question, Plummer comments that roof runoff from the garage addition will drain into stone infiltration beds. Herbster asks how much fill the applicant is planning to bring into the area. Plummer comments that most of the grading will take place outside of the buffer zone and the greater change in grade will be in the driveway near the front of the property. Bertoni asks about more mitigation, and it appears there would be room for mitigation plantings. Plummer comments that the wetland is partially on the neighboring property and that could limit planting options. Bertoni clarifies that the mitigation plantings should be in the buffer and not the wetland itself. There were no comments from abutters or the public. Beverly Conservation Commission September 9, 2020 Meeting Minutes Page3of9 There being no further questions or comments, Herbster moves to close the hearing. Seconded by Dines. The motion carries 5-0. New: 9 Ober Street, DEP #5-1309 Ocean View Realty Trust Pirrotta reads the legal notice. Bob Griffin of Griffin Engineering, representing the applicant, ex- plains the plan to construct a carriage house and pool cabana with associated site improvements. Griffin describes the work on the stairs, removal and addition of trees, and the cobble parking area. Buchsbaum asks for clarification on the mitigation for tree removal, as six bayberry bushes were described in the narrative as mitigation. In response, Griffin states that the type of tree has not yet been chosen, but two trees would also be added. Dines asks if the project could be moved further out of the 25-Foot No-Disturbance Zone. Griffin replies that the building itself is outside of the zone, but he would not be in favor of moving the cabana, because of the location of the ex- isting structures and connection to the existing pool area. Squibb asks about where the discharge of the pool water goes and notes it should not discharge into any sensitive areas. The Commission schedules a site visit for Saturday, September 26, 2020 at 8:00 a.m. Bertoni opens the discussion for public comment, with no comments provided. Squibb moves to continue the hearing to September 29, 2020. Seconded by Buchsbaum. The mo- tion carries 5-0. RECONVENE REGULAR MEETING Dines moves to reconvene the regular meeting. Seconded by Herbster. The motion carries 5-0. REQUESTS FOR DETERMINATION OF APPLICABILITY New: 50 Dunham Road Dunham Ridge, LLC Pirrotta reads the legal notice. Per request of the applicant, Herbster moves to continue to the September 29, 2020 meeting, without discussion. Seconded by Dines. The motion carries 5-0. New: 2 Fieldstone Lane Gayle Corning Pirrotta reads the legal notice. Brendan Pyburn of Bobrek Engineering & Construction, repre- senting the applicant, explains the plans to remove the existing deck and patio and construct a new deck, which includes the removal of the existing patio area which will be replaced with stone. Erosion controls will be added along the rear of the property. Buchsbaum asks about run- off. Pyburn replies that there will not be a covered roof, so the majority of the runoff will be mit- igated by the stone area beneath the porch. Squibb asks if the shed can be moved outside of the No Disturbance Zone. Pyburn replies that this is not intended to be part of the project, but that there is space but this would be viewed as a separate project for the homeowner. Squibb com- ments that he asking in terms of mitigation, and would like to see it moved. Jim Corning, the homeowner, notes that the shed was existing in the current location when they purchased the Beverly Conservation Commission September 9, 2020 Meeting Minutes Page4of9 house in 2007. Corning states that if the shed were moved, it would be closer to the wetland, but notes there have been no problems with flooding in that area even though it is near a drainage outlet. There being no further questions or comments. Dines moves to issue a Negative 3 Determination with the conditions as discussed. Seconded by Buchsbaum. The motion carries 5-0. New: 102 Hull Street Tim Cormier Pirrotta reads the legal notice. Zachary Fellows of Fellows Construction LLC, representing the applicant, explains the plans to expand an existing deck. The construction will not require the use of machinery and there will not be any stairs off the deck. There being no further questions or comments, Squibb moves to issue a Negative 3 Determina- tion with the conditions as discussed. Seconded by Herbster. The motion carries 5-0. New: 5 Kennedy Drive Gibraltar Pools & Spas c/o P.J. De Bernardo Pirrotta reads the legal notice. P.J. De Bernardo of Gibraltar Pools & Spa, explains the plans to install an above-ground pool within an existing lawn area. There is a drainage swale in the back yard which carries water from Virginia Avenue to a marshy area down-gradient and only flows after rain. The Commission reviews the stream definition in the Wetlands Protection Act and the Beverly Wetlands Regulations. There being no further questions or comments, Dines moves to issue a Negative 1 Determina- tion. Seconded by Squibb. The motion carries 4-1, with Bertoni dissenting. New: 21 Riverview Street Charles Mann Pirrotta reads the legal notice. Charles Mann, homeowner, explains the project which includes installation of a deck with a dip pool built in. Mann notes that the work is within the 200-Foot Riverfront Area and 50-Foot No Build Zone, but outside of the 25-Foot No Disturbance Zone. There is no alterative location within the property where it could be located, and there would be no change to the drainage characteristics. There will be no use of machinery and no grade changes, and pool water will not directed toward the resource area. There being no further questions or comments, Squibb moves to issue a Negative 3 determina- tion with the conditions as discussed. Seconded by Buchsbaum. The motion carries 5-0. New: 22 Hobart Avenue Joseph Grein Pirrotta reads the legal notice. George Zambouras, P.E., representing the applicant, describes the project to retain and remove portions of the existing Astroturf, walkway, and driveway on the property. Buchsbaum asks about the change in runoff. Zambouras replies that the amount of run- off will be the same or less than that of years before. Bertoni asks about stormwater infiltration Beverly Conservation Commission September 9, 2020 Meeting Minutes Page5of9 and whether the pavers and turf were installed to specification. She would like to see an infiltration test of the site. Dines moves to continue the discussion to the September 29, 2020 meeting. Seconded by Herb- ster. The motion carries 5-0. REQUESTS FOR CERTIFICATES OF COMPLIANCE Cont: 29 Ober Street, DEP #5-1265 perform repairs to existing seawall Patricia Pelle- grino Per request of the applicant, Dines moves to continue to the September 29, 2020 meeting. Se- conded by Herbster. The motion carries 5-0. OLD/NEW/OTHER BUSINESS MODIFICATION TO ORDER OF CONDITIONS New: 7 Juniper Valley Court, DEP File #5-1295 Michael DeRosa of DeRosa Environmental, representing the applicant, describes the recent Or- der of Conditions that was issued regarding replacement of the deck. A special condition was in- cluded which prohibited machinery in the rear of the house. DeRosa states that the work would be easier and quicker if it is done with machinery, and requests that the Commission reconsider special condition 11 which prohibits this for this project. The A/C condenser unit and one shrub would need to be removed for the machine access at the north of the house. Buchsbaum asks how long the project will take with the excavator, and suggests that the applicant not replant the burning bush which will be removed for the project. DeRosa expects the work to take about one week. There being no further questions or comments, Squibb moves to approve the Minor Modifica- tion. Seconded by Dines. The motion carries 5-0. EXTENSION TO ORDER OF CONDITIONS New: Endicott College, DEP File #5-1197 Joseph Orzel of Lucas Environmental LLC, representing the applicant, explains the request for the Extension to the Order of Conditions, so that aquatic treatments may continue and be moni- tored for another year. A more detailed report on how the site is doing will be provided soon, as is required for annual reporting under the Order. There being no further questions or comments, Squibb moves to approve a one year extension under the state Wetlands Protection Act and Beverly Wetlands Ordinance. Seconded by Buchsbaum. The motion carries 5-0. Beverly Conservation Commission September 9, 2020 Meeting Minutes Page6of9 ENFORCEMENT ORDERS New: 29 Roderick Avenue Pirrotta reports that she received a report that a pipe and some gravel had been placed in the stream and some vegetation was cut along the banks of the stream. DEP recommended that the Commission require restoration. The owners noted they would like to expand the area of a drive- way crossing an intermittent stream. Ana Silva, the homeowner, states that no work was being done but that the pipe was placed as a visual reference for future plans to expand the driveway. Bertoni asks the homeowner about her plan to keep the area clean and recommends that she get advice from an expert for a long-term plan. The Commission asks that a restoration planting plan be provided by November 3, 2020, with an update provided to the Commission at the October 20, 2020 meeting. The Commission schedules a site visit for Friday, September 18, 2020 at 5:00 p.m. Squibb moves to issue the ratified Enforcement Order as discussed. Seconded by Buchsbaum. The motion carries 5-0. Cont: 10 Tall Tree Drive Glenn Krevosky of EBT Environmental, representing the applicant, requests that Pirrotta show the plan as well as the letter from August 7, 2020 for the restoration discussion. Krevosky reports that the area has been seeded with grass, the fire pit will be removed, and explains the proposed plantings. Pirrotta recaps the permit history and confirms that the next step is to implement the restoration plan to bring the site into compliance. The Commission discusses accepting the plan as presented and required that the plan be implemented by November 15, 2020, with follow up provided to the Commission on December 8, 2020. Buchsbaum moves issue a ratified Enforcement Order, with conditions as discussed. Seconded by Herbster. The motion carries 5-0. MINOR PROJECT PERMITS, IF ANY 49 Webster Avenue Pirrotta reports she issued a Minor Project Permit for a garage addition that included work just on the edge of the 200-Foot Riverfront Area. No grading was involved and the work is on exist- ing lawn and pavement. The Commission reported no objections. 253 Essex Street Pirrotta reports she issued a Minor Project Permit for deck replacement in the same footprint over an existing concrete patio area. The work is outside the 50-Foot No-Build Zone. The Com- mission reported no objections. 67 Shortell Avenue Beverly Conservation Commission September 9, 2020 Meeting Minutes Page7of9 Pirrotta reports she issued a Minor Project Permit for shrub removal and grass seeding on the property. The work is within the outer 200-Foot Riverfront Area. The Commission reported no objections. Cont: Waring School soccer field encroachment Pirrotta reports that there are no updates on the and office review of the letter regarding removal of the encroachment. The Commission discusses whether they ought to issue an Enforcement Order for the removal of the encroachment, and decides to discuss at the next meeting. Cont: Beverly Airport Airport Solutions Group/Airport Manager Pirrotta reports that the Beverly Airport manager wanted to set up a meeting to go over outstand- ing issues and she is working on rescheduling. New: Sally Milligan Trails Inquiry Pirrotta reports that the Open Space and Recreation Committee has been coordinating with a vol- unteer who expressed interest in starting a new trail at Sally Milligan Park. Parts of the area are under care and custody of the Conservation Commission and parts are under Parks and Recrea- tion. A stream crossing would also be required. Buchsbaum suggests that Beverly should not build any new trails until it maintains its existing trails. The Commission schedules a site visit for Saturday, September 26, 2020 at 9 a.m. ORDERS OF CONDITIONS 50 Dunham Road The Commission discusses conditions for the project, including standard general and perpetual conditions, in addition to the following special conditions: 1.There shall be no work within the 100-Foot No Disturbance Zone, including but not lim- ited to grading, paving, or vegetation removal. 2.No fewer than four (4) no disturbance zone markers shall be installed at the edge of the 100-Foot Vernal Pool No Disturbance Zone. Signage related to vernal pool organism up- land passage shall be placed in appropriate locations at the property, with language to be reviewed by the Conservation Administrator prior to installation. 3.Said markers/signs described in Special Condition #2 shall remain in good working order and maintained in perpetuity. 4.The applicant shall collect information on presence of Vernal Pool indicators in Spring 2021 and submit findings to the MA Natural Heritage and Endangered Species Program for certifying the vernal pools in proximity to the work that are not currently certified. A copy shall be submitted to the Commission. 5.Enhancement plantings are required and shall have a 75% survival criteria after two growing seasons. A final copy of the landscape plan shall be submitted to the Commis- sion, prior to construction. Beverly Conservation Commission September 9, 2020 Meeting Minutes Page8of9 6.Areas of disturbed soils shall be seeded and stabilized. 7.The Operation & Maintenance of all stormwater including deep sump catch basin and Cultec stormwater management system shall be adhered to, and all maintenance and inspection reports per the Stormwater Operation and Maintenance Plan shall be submitted to the Conservation Agent and Engineering Department on an annual basis no later than December 31st of each year. This condition shall survive in perpetuity. 8.The Cultec stormwater management system shall be relocated out of the 100-Foot Buffer to Bordering Vegetated Wetlands, as discussed at the September 9, 2020 meeting. A copy of the final plan depicting the relocation shall be submitted to the Commission. 9.Requests for Certificates of Compliance, or an explanation of why compliance cannot yet be obtained, shall be submitted to the Commission for the following expired Orders of Condition, prior to the pre-construction meeting and this Order being valid: a.DEP File #5-1118 b.DEP File #5-1184 c.DEP File #5-1201 d.DEP File #5-1202 e.DEP File #5-1203 f.DEP File #5-1257 10.Prior to any work commencing on site, the applicant shall secure an independent erosion control monitor to oversee the installation and maintenance of the erosion control barri- ers. The erosion control monitor shall be a professional engineer or wetland scientist and the name and contact number of the monitor shall be provided to the Commission. 11.The erosion control monitor shall visit the site at least once weekly during the active n con- trol monitor shall submit a report monthly to the Commission or its Agent reporting in- spection dates, status of construction, any erosion control maintenance requirements, and who at the project site was informed. Reports shall be submitted by electronic mail. 12.Prior to placement of the armored slope and riprap outlet protection, their limits shall be surveyed and staked in the field by a surveyor or professional engineer and shall be in- spected jointly with the surveyor or engineer and the Commission or its agent. 13.If there is a change in use of the site from the materials storage area, the applicant shall coordinate with the Commission to determine any updated permitting needs, e.g., amend- ment or new Notice of Intent. 14.As discussed at the September 9, 2020 meeting, the Commission requests that the appli- cant explore placing upland areas within site into a Conservation Restriction. Buchsbaum moves to issue an Order of Conditions under the State Wetlands Protection Act and Beverly Wetlands Ordinance with the conditions as discussed. Seconded by Dines. The motion carries 4-1, with Squibb dissenting. 175 & 179 West Street The Commission discusses conditions for the project, including standard general and perpetual conditions, in addition to the following special conditions: Beverly Conservation Commission September 9, 2020 Meeting Minutes Page9of9 1.The mitigation plantings shall exhibit 75% survivorship after 2 growing seasons post- in- stallation. The Commission may withhold the issuance of a complete Certificate of Com- pliance until survivorship can be verified. 2.A final report summarizing the observation of the plantings over the survivorship period will be submitted by the time of the request for Certificate of Compliance. 3.A final planting plan shall be provided sent to the Conservation Administrator for review prior to installation. 4.As described in the September 2, 2020 revised narrative, the basketball court, green- house, privacy wall, and seawall work are removed from the proposed work and are not part of the approved plan. 5.The patio and walkways shall be constructed so that they are pervious. Buchsbaum moves to issue an Order of Conditions under the State Wetlands Protection Act and Beverly Wetlands Ordinance with the conditions as discussed. Seconded by Dines. The motion carries 5-0. 11 Juniper Street The Commission discusses conditions for the project, including standard general and perpetual conditions, in addition to the following special conditions: 1.This order does not permit tree removal and none is proposed or shown on the approved plan. 2.The proposed patio shall be constructed so that it is pervious. 3.A mitigation planting plan for plantings within the buffer shall be submitted to the Con- servation Agent for review and approval prior to construction. Buchsbaum moves to issue an Order of Conditions under the State Wetlands Protection Act and Beverly Wetlands Ordinance with the conditions as discussed. Seconded by Dines. The motion carries 5-0. ADJOURNMENT  Dines moves to adjourn at 10:55 p.m. Seconded by Herbster. The motion carries 5-0. The next regular meeting of the Conservation Commission is Tuesday, September 29, 2020 via Google Hangouts Meet.