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9-29-20 Con Com Minutes - FINAL Beverly Conservation Commission September 29, 2020 Meeting Minutes Page1of7 CITY OF BEVERLY PUBLIC MEETING MINUTES BOARD OR COMMISSION: Beverly Conservation Commission  SUBCOMMITTEE:  DATE: September 29, 2020 LOCATION: Remotely held meeting through Google Hangouts Meet MEMBERS PRESENT: Chair Christine Bertoni, Vice Chair Robert Buchsbaum,  David Dines, Stephanie Herbster, 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 July 28, 2020 The Commission reviews the draft minutes and offers edits. Buchsbaum moves to approve the July 28, 2020 minutes as amended. Herbster seconds. The motion carries 4-0-1, with Dines ab-  staining.  August 19, 2020 The Commission reviews the draft minutes. Squibb moves to approve August 19, 2020 minutes  as written. Seconded by Buchsbaum. The motion carries 4-0-1, with Bertoni abstaining. Recess for Public Hearings Herbster moves to recess for public hearings. Seconded by Dines. The motion carries 5-0. Notices of Intent/Abbreviated Notices of Intent/Requests for Amended Orders of Condition Cont: 29 Ober Street, DEP #5-1308 Patricia Pellegrino Charles Wear of Meridian Associates, representing the applicant, explains the project to raze and replace a single-family dwelling and install a pool and extended driveway and summarizes the plan revisions. Wear states that the biggest change with the revision is to the delineation of the coastal bank on the property, which now ends before the retaining wall at the southern property line and therefore the proposed driveway work is no longer within the 25-Foot No-Disturbance Zone. Wear noted that the plan was updated to indicate the specific trees to be removed from the site. Sarah Rabdau of Christie Dustman & Company describes the phased mitigation planting ap- proach and highlights the plantings which will be installed within one year. Squibb asks if the washout near the seawall will be repaired and whether the tree stumps will be removed or flush Beverly Conservation Commission September 29, 2020 Meeting Minutes Page2of7 cut. Wear confirms that the washout area will be repaired as approved under an existing Order of Conditions (DEP File #5-1265) and that the stumps will be removed. Squibb notes that there is a section of retaining wall by the driveway which needs to be repaired as it is leaning over onto the property. Wear states that this is not part of the plan, but that work in this area is being considered; however, the methods of repairing it have yet to be determined. There were no comments from abutters or members of the public. There being no further ques- tions or comments, Dines moves to close the hearing. Seconded by Buchsbaum. The motion car- ries 5-0. Cont: 9 Ober Street, DEP #5-1309 Ocean View Realty Trust Bob Griffin of Griffin Engineering represents the applicant and recaps the project to construct a carriage house and cabana with associated appurtenances. Griffin comments that the yard waste debris observed during the site inspection will be promptly removed if it has not been already. Bertoni states that there is an existing Order of Conditions for work at the property which does not yet have a Certificate of Compliance. Hearing no comments from members of the public and there being no further questions or com- ments, Buchsbaum moves to close the hearing. Seconded by Dines. The motion carries 5-0. New: 5 Salters Avenue, DEP file # 5-1311 Andrew & Lori Glazier Pirrotta reads the legal notice. Bill Manuell of Wetlands and Land Management, representing the applicant, describes the plans to construct a garage addition, deck, and associated appurtenances at an existing residence. Manuell addresses the proposed erosion controls and describes the pro- posed 650 square foot pollinator garden. Buchsbaum asks what material will be used for the driveway and Manuell explains that it will be gravel. Herbster asks about the materials storage on the side of the property, as shown in photos from site visit. Manuell replies that it is fence materials waiting to be installed. The Commission schedules a site visit for Saturday, Octo- ber 3, 2020 at 8:00 a.m. There were no questions or comments from abutters or members of the public. Squibb moves to continue the hearing to the October 20, 2020 meeting. Seconded by Dines. The motion carries 5-0. Reconvene Regular Meeting Buchsbaum moves to reconvene the regular meeting. Seconded by Squibb. The motion carries 5- 0. Requests for Determination of Applicability Cont: 50 Dunham Road Dunham Ridge, LLC Beverly Conservation Commission September 29, 2020 Meeting Minutes Page3of7 Pirrotta reports that the applicant has requested to withdraw the application and will be revising plans and resubmitting at a future date. Cont: 22 Hobart Avenue retain and remove portions of existing turf, walkway, and driveway Joseph Grein Pirrotta reports that the Commission received a request to continue to the October 20, 2020 meet- ing. Bertoni notes that she held a site visit which was very informative. Pirrotta noted she took photos and video of the infiltration test. Squibb moves to continue per the request to the October 20, 2020 meeting. Seconded by Herb- ster. The motion carries 5-0. New: 0 Elliott Street Christ the Redeemer Anglican Church Pirrotta reads the legal notice. Chris Broyles of Meridian Associates, representing the applicant, explains the project to mill and repave an existing parking lot, stating that most of the work will take place over the municipal line in Danvers, but a corner of the parking lot and the wetland is located within Beverly. Squibb asks about plowing and snow storage areas. Broyles clarifies that there will be no snow storage within wetland buffers and that stormwater mitigation and im- provements are part of the current plan for the work in Danvers. Broyles provides an update on how the perpetual conditions have been addressed under the Order of Conditions for the past work under DEP File #5-1051. Bertoni reads proposed conditions related to installation of ero- sion controls, stabilizing any disturbed soils, appropriately removing and disposing of asphalt millings, no expansion of the paved footprint within jurisdictional areas, providing a machinery spill kit onsite, and that no machinery be parked or stored in the buffer. Squibb moves to issue a Negative 3 determination with the conditions as discussed. Seconded by Dines. The motion carries 5-0. Requests for Certificates of Compliance Cont: 29 Ober Street, DEP #5-1265 perform repairs to existing seawall Patricia Pellegrino Charles Wear of Meridian Associates, representing the applicant, recaps the request. Pirrotta notes the unfinished work and since the Order is not yet expired, suggests to the Commission that a course of action would be for the applicant to withdraw the request and resubmit when the work is complete. The Commission agrees this is an acceptable approach. Wear will confirm with the property owner and follow up with a written request to withdraw. Old/New/Other Business Modification to Order of Conditions New: 59 Ober Street, DEP File #5-1278 Beverly Conservation Commission September 29, 2020 Meeting Minutes Page4of7 Greg Hochmuth of Williams & Sparages, representing the applicant, reviews the plans surround- ing the decking and in-ground pool, including the landscaping and permeable pavers surrounding the pool. The fence configuration is slightly different from the approved plan. Squibb requests that the intersection of the fence be clearly shown on the plan, since it looks like it goes out over the bank. Hochmuth and the Commission attempt to identify the fence line, but the limits are un- clear. Peter Brown, manager of 59 Ober Street, joins the meeting and describes the fence loca- tion. The Commission requests that the fence location be more clearly reflected on the final plan. Squibb moves to continue to the October 20, 2020 meeting. Seconded by Buchsbaum. The mo- tion carries 4-1, with Dines dissenting. New: 32 Dunham Road, DEP File #5-1300 Elizabeth Wallis of Hayes Engineering, representing the applicant, explains the modification re- quest for milling and repaving of the existing parking lot. Two dogwood trees which were in- cluded in the Notice of Intent but not shown on the approved plan are also shown on the modi- fied plan. Bertoni questions whether the proposed change is appropriate for a Minor Modifica- tion to the Order of Conditions or if this should be reviewed under a request for an Amended Or- der of Conditions. Wallis describes that this work is maintenance of an existing parking area and she believes it is minor enough to be included as a Minor Modification and there is no direct im- pact to the resource areas. Commissioners conclude that a Minor Modification is appropriate. Bertoni asks if the applicant has considered alternatives that would relocate the catch basin out- side of the 25-Foot No-Disturbance Zone or other minimization measures. Wallis will discuss alternative solutions with the property owner and will provide an update for the next meeting. Buchsbaum moves to continue to the October 20, 2020 meeting. Seconded by Squibb. The mo- tion carries 4-1, with Dines dissenting. Enforcement Orders Cont: 29 Roderick Avenue Pirrotta reports that The Commission held a site inspection, but there has been no new infor- mation since. Tree Removal Requests 17 Temi Road Pirrotta explains the request for the removal of two dead/dying red oak trees. The Commission suggests leaving 6-10 feet of the trunks in place to serve as wildlife habitat. Claude Burr, the ap- plicant, states that he would be willing to leave portions of the stumps, so long as it is not a haz- ard. Buchsbaum moves to approve the request with conditions as discussed. Seconded by Squibb. The motion carries 5-0. Beverly Conservation Commission September 29, 2020 Meeting Minutes Page5of7 Minor Project Permits, If Any 40 Kennel Hill Road Pirrotta explains the plans for second-story addition work which is within the 100-Foot Buffer, but there is no change to the existing footprint of the house and no ground work. The Commis- sion noted no objections. Cont: Waring School soccer field encroachment Bertoni suggests writing another letter requesting that the encroachment be removed and that the Commission may consider implementing fines. Squibb suggests following up with the Office as well. Cont: Beverly Airport update on Vegetation Management Program Airport Solutions Group Pirrotta reports that she is waiting on a meeting date to speak with the Airport Manager, MassDOT, and the consultant. Bertoni would like the applicant to come before the Commission on the October 20, 2020 meeting if the proposal is ready. Cont: Potential Trail at Sally Milligan Park Bertoni reports that the Commission held a site inspection with the chair of the Open Space and Recreation Committee and volunteer Nathan Currie. It was recently discovered that the Eagle Scout involved with the project no longer wants to do the work. The proposed trail would cross a perennial stream and cut through meadow areas. Buchsbaum states that the idea to have the trail is growing on him and it would be have a relatively low impact footprint while creating bird watching and other community opportunities, but recognizes that maintenance is a dilemma. Ber- toni states that she was leaning the opposite way and is concerned that it could become a hazard by providing secret spaces and promoting un-conservation. Buchsbaum notes that an ecologi- cal inventory should be taken prior to approving a trail in the location and suggests that he would be willing to observe the site with others from the bird watching and naturalist community in the spring. The Commission decides to table the discussion until springtime. Other: Discussion or Action Items Related to Commission Business, Correspondence, etc. Re- ceived/Issued After Publication of Agenda, If Any The Commission discusses planning details for future meetings, including whether they should officially change their meeting time to 6:30 p.m. rather than 7:00 p.m. The votes are split, but the Commission decides to stick with 7:00 p.m. Pirrotta will draft the 2021 meeting schedule. Pirrotta notes that she received anonymous complaints about activity affecting beach grasses at 11 Bay View Avenue. Pirrotta and a couple members of the Commission will follow up. Orders of Conditions Beverly Conservation Commission September 29, 2020 Meeting Minutes Page6of7 29 Ober Street The Commission discusses conditions for the project, including standard general and perpetual conditions, in addition to the following special conditions: 1.The Operation & Maintenance of all stormwater shall be adhered to per the manu- specifications. Obligations for long-term maintenance shall run in perpetuity beyond the life of this Order of Conditions. 2.The Long-Term Operation and Maintenance plan shall be updated to incorporate the City comments, per the September 9, 2020 letter and the Final plan shall be sub- mitted to the Commission. 3.Tree and shrub plantings shall be completed within the first growing season after house demolition as described in the September 5, 2020 letter from Christie Dustman & Com- pany. 4.Appropriate erosion controls shall be implemented in the invasive plant removal areas to ensure temporary stabilization until planting area is stabilized. Notification on the types of erosion control measures in the planting area shall be sent to the Conservation Agent during implementation. 5.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. 6.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. 7.Maintenance and hand removal of invasive species in the mitigation area may continue beyond issuance of Certificate of Compliance. 8.The vegetation within the mitigation planting area shall be maintained through appropri- ate pruning to ensure the health of the vegetation and future building in this area shall be prohibited to ensure protection of the area as it is to serve in tandem with the water qual- ity device to improve stormwater discharges. This condition shall survive in perpetuity. 9.Any pool drawdown shall be directed away from the resource area. 10.The operation of heavy machinery on the beach is prohibited. 11.Irrigation lines used in the planting area shall be removed upon establishment of the plantings. 12.Consider improvements to the retaining wall on the south side of the property line near the garage entry. 13.Should any work be proposed on the retaining wall described in Special Condition #12, the applicant shall file a request to Amend this Order of Conditions. 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. 9 Ober Street Beverly Conservation Commission September 29, 2020 Meeting Minutes Page7of7 The Commission discusses conditions for the project, including standard general and perpetual conditions, in addition to the following special conditions: 1.The mitigation plantings shall exhibit 75% survivorship for herbaceous/woody plantings and 100% survivorship of any trees after two growing seasons post- installation. The Commission may withhold the issuance of a complete Certificate of Compliance until survivorship can be verified. 2.The Operation & Maintenance of all stormwater shall be adhered to per the manu- specifications. This condition shall survive in perpetuity beyond the issuance of a complete Certificate of Compliance. 3.Any pool dewatering shall be directed away from the resource area and into the drywell. Coordinate with the Conservation Agent on the final placement/connection location. 4.Snow fencing or similar mesh shall be installed along the coastal side of the limit of work to avoid debris entering the resource area. 5.Yard waste debris shall be removed from the coastal bank and none shall be deposited in this area. 6.Should the applicant wish to conduct vista pruning as discussed at the September 26, 2020 site visit, a pruning plan shall be submitted to the Conservation Agent for approval. 7.The applicant shall submit a request for Certificate of Compliance for the work com- pleted under DEP File #5-1145 prior to issuance of a Complete Certificate of Compliance for the work under this Order. 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 Buchsbaum moves to adjourn at 9:55 p.m. Seconded by Dines. The motion carries 5-0. The next regular meeting of the Conservation Commission is Tuesday, October 20, 2020 at 7:00 p.m.