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11-10-20 Con Com Minutes - FINAL Beverly Conservation Commission November 10, 2020 Meeting Minutes Page1of5 CITY OF BEVERLY PUBLIC MEETING MINUTES BOARD OR COMMISSION: Beverly Conservation Commission  SUBCOMMITTEE:  DATE: November 10, 2020 LOCATION: Remotely held meeting through Google Hangouts Meet MEMBERS PRESENT: Vice Chair Robert Buchsbaum, Richard Grandoni  Stephanie Herbster, David Dines, William Squibb  MEMBERS ABSENT: Chair Christine Bertoni  OTHERS PRESENT: Environmental Planner Jenna Pirrotta RECORDER: Sarah Scott-Nelson Buchsbaum calls the meeting to order at 7:03 p.m. Buchsbaum confirms which members are present, with Bertoni being absent. Buchsbaum reads the virtual meeting guidelines and notes that the meeting is being held in accordance with temporary Open Meeting Law adjustments due to the State of Emergency associated with the COVID-19 outbreak. Approval of Minutes (as available) September 29, 2020 The Commission reviews the draft minutes. Dines moves to approve the September 29, 2020  minutes as written. Seconded by Squibb. The motion carries 5-0. 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 Conditions Cont.: 55 Ober Street, DEP File #5-1312 repair existing seawalls and walkway and install new walkway City of Beverly, c/o Michael Collins Mike Collins, Commissioner of Public Services and Engineering for the City of Beverly, recaps the project and explains that he received comments from MassDEP about requirements which should have been on the plan. Grandoni asks about the slope of the walkway/seawall cap. Collins reports that this was intentional and that it sheds away water and minimizes infiltration behind the wall. In response to question, Collins confirms that the ramp is part of this plan and that it would be located within the existing footprint of the stairs. Buchsbaum asks Collins to address concerns, including the need for a Chapter 91 license, and to confirm whether Mass Coastal Zone Management has any concerns. Collins notes that he will need to follow up separately with MassDEP. Beverly Conservation Commission November 10, 2020 Meeting Minutes Page2of5 Buchsbaum opens the hearing to comments from members of the public. Bob Baldwin of 44 Ober Street asks about when construction would occur, and Collins reports it would be before spring if possible. Pirrotta reads a comments letter to the Commission from Mass Division of Marine Fisheries. In response, Lisa Chandler, Assistant City Engineer notes that the proposed 15-foot wide access on the beach would only be for the reconstruction work at the Woodbury Beach side, and that otherwise there would be no disturbance to the beach. Dines moves to continue the hearing to the December 8, 2020 meeting. Seconded by Grandoni. The motion carries 5-0. New: 91 Lothrop Street, DEP file # 5-1313 Daniel & Daniella Mammola Pirrotta reads the legal notice. Chris Sparages of Williams & Sparages, representing the applicant, explains the plans to construct an in-ground pool with patio and pool house, landscaping, and associated appurtenances. The proposed work is within the 100-Foot Buffer to Coastal Bank. Sparages states that the pool house will be removed from the plan and a revised plan will be submitted. He states that in the revised plan will pull the work closer to house. Elliott Brundage, landscape architect, describes the proposed planting plan along the slope to include native pollinator-friendly species. Members agree that a site visit should be held and schedule a time for 8:00 a.m. on Saturday, November 14, 2020. Buchsbaum notes that he was near the site and that the wood stairs to the beach should be added to the proposal to ensure they are permitted. Buchsbaum opens the hearing to comments from members of the public. Estelle Rand, Ward 2 City Councilor, expresses concern received from constituents regarding public access near the end of Ocean Avenue, and asks for clarification on the signage that was recently installed at the property. Squibb invites Rand to attend the site visit. Dines moves to continue the hearing to the December 8, 2020 meeting. Seconded by Herbster. The motion 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 Cont: 22 Hobart Avenue retain and remove portions of existing turf, walkway, and driveway Joseph Grein George Zambouras P.E., representing the applicant, provides a recap of the proposal and states that comments were received from Southern Essex Sewerage District (SESD). Zambouras reports that the plan was revised to address the comments, including depicting the subsurface utilities and additional of construction notes. Pirrotta confirms she received confirmation of SESD that they were satisfied with the changes and had no further comments. Buchsbaum reads the proposed conditions. Beverly Conservation Commission November 10, 2020 Meeting Minutes Page3of5 Dines moves to issue a Negative 2 and 3 Determination with the conditions as discussed. Seconded by Grandoni. The motion carries 5-0. New: 131 Livingstone Avenue construct partially after-the-fact timber retaining wall Ana Sirianni Pirrotta reads the legal notice. Evin Guvendiren of DeRosa Environmental, representing the applicant, explains the project to construct a timber retaining wall within Land Subject to Coastal Storm Flowage, and that portions of the work had already begun. Dines asks whether the work is within the buffer to any other resource areas as marsh is located nearby. Herbster asks about the intent of the work and seeks clarification on the number of lots. Guvendiren confirms that the fill area will be grassed and will level out to the road, and notes that the area is one lot. Squibb asks for clarification about which trees in the picture are to be removed and for a better delineation of the resource areas including a measurement of the work from the marsh. The Commission schedules a site visit for 9:00 a.m. on Saturday, November 14, 2020. Dines moves to continue the discussion to the December 8, 2020 meeting. Seconded by Squibb. The motion carries 5-0. Requests for Certificates of Compliance New: 50 Dunham Road, DEP File #5-1184 repave entire length of site driveway and reconfigure existing parking areas Dunham Ridge, LLC Mike Aveni of Cummings Properties, representing the applicant, explains the completed work including paving and stormwater mitigation to accommodate extra run off, which was completed in 2016. Pirrotta reports she held a site inspection and that the site was stable but that additional items including a National Grid utility vault and smoking shelter were installed, but were not part of the approved plan. The Commission notes that the additional items are outside the 50-No Build Zone and appear minor, but should have been brought to the Commission for review before installation. Pirrotta recounts the perpetual conditions included with the Order. Buchsbaum notes that the Commission needs an updated plan for the file to include the intermittent stream and buffers. Dines moves to issue the Certificate of Compliance with the ongoing conditions as discussed. Seconded by Grandoni. The motion carries 5-0. New: 875 Hale Street, DEP File #5-1038 construct a 6-lot subdivision, with 5 new single family houses and associated appurtenances Montrose School Park, LLC Pirrotta reports that the applicant has requested to continue the request to the December 8, 2020 meeting. Squibb moves to continue to the December 8, 2020 meeting. Seconded by Herbster. The motion carries 5-0. New: 10 Marsh Avenue, DEP File #5-1272 Augustus & Karen Gomes Beverly Conservation Commission November 10, 2020 Meeting Minutes Page4of5 Karen and Augustus Gomes, homeowners, are present to explain the work including the reconstruction of the rear deck and stairs, removal of a concrete pad, and construction of a front porch. Work was completed per the plan, except that a portion of pavement was not removed. Herbster asks if the pavement removal was a mitigation requirement. Pirrotta cites special condition 3 of the Order which addresses this question. Dines moves to issue a complete Certificate of Compliance with the ongoing conditions as discussed. Seconded by Grandoni. The motion carries 5-0. Old/New/Other Business Extension Requests New: 675E Hale Street, DEP File #5-1196 pond dredging Lolly Gibson David Cowell of Hancock Associates, representing the applicant requests to extend the Order of Conditions for the pond dredging work. Delays were encountered due to the necessary permits from other agencies before the work can begin. Cowell notes that the work is for a to determine how well the widgeon grass regrows and that the applicant would file a new Notice of Intent for the complete dredging. Buchsbaum asks about results from initial transplant work. Cowell reports they have feedback from aquatic plant specialists regarding collection of sediments during dredging so that it may be used as a seed bank to regrow the widgeon grass. Cowell will forward any state and federal permits received, for the files. nd Squibb moves to grant the 2 and final extension to the Order of Conditions. Seconded by Dines. The motion carries 5-0. Enforcement Orders Cont: 29 Roderick Avenue Ana Silva Ana Silva, homeowner, updates that Commission on the completion of a planting plan which was sent to the Commission for review. Buchsbaum notes that purple loosestrife should not be planted, as it is an invasive species. The Commission discusses conditions to accept the planting plan with the work completed by May 31, 2021, removal of the purple loosestrife and replacement with a native alternative, a survivorship of 75% beyond the initial planting, and the Conservation Agent shall be contacted for a site walk after initial planting and again at 6 months after planting. Dines moves to issue the updated Enforcement Order with the conditions as discussed. Seconded by Buchsbaum. The motion carries 5-0. New: 11 Bay View Avenue Corning Cove, Ltd. Beverly Conservation Commission November 10, 2020 Meeting Minutes Page5of5 Pirrotta updates the Commission on the issuance of the Enforcement Order since the last meeting and notes that there was no requirement that the applicant be present for this meeting. The Commission received a response from the property owner and Griffin Engineering was retained to complete the restoration plan. This item will be reviewed for the January 5, 2021 meeting. Tree Removals, If Any There are no tree removal requests for review at meeting. The Commission received a tree removal request yesterday for the removal of 6 trees and Pirrotta requested feedback on appropriateness for review under the tree removal protocol. The Commission is okay with tree removal protocol unless there was an outstanding replanting requirement. Minor Project Permits, If Any Pirrotta reports that she issued a Minor Project Permit to the Harbor Management Authority for removal of junk and debris within an intertidal section of the Bass River at Innocenti Park. The Commission reported no objections. Cont: Waring School soccer field encroachment Pirrotta reports the Open Space and Recreation Committee (OSRC) has similar concerns as the Commission regarding removal of the encroachment on City property. Mayor Cahill and the OSRC were looking for alternatives that would allow the soccer field to remain. Squibb suggests there may be other property owned by Waring School that could be offered as an offset. Pirrotta will update the Commission with any new information. Cont: Beverly Airport update on Vegetation Management Program Airport Solutions Group Pirrotta reports there is no new information and that the Commission is waiting on requests for Certificates of Compliance for the original perimeter fencing installation and vegetation management. Other: Discussion or Action Items Related to Commission Business, Correspondence, etc. Received/Issued After Publication of Agenda, If Any The Commission received a site visit request for proposed work at Beverly Golf and Tennis, including culvert maintenance, vegetation removal, and fill. Pirrotta will schedule a visit for next week. Buchsbaum may attend. Adjournment Herbster moves to adjourn the meeting at 9:18 p.m. Seconded by Squibb. The motion carries 5-0. The next regular meeting of the Conservation Commission is Tuesday, December 8, 2020.