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12-8-20 Con Com Minutes - FINALBeverly Conservation Commission December 8, 2020 Meeting Minutes Page 1 of 6 CITY OF BEVERLY PUBLIC MEETING MINUTES BOARD OR COMMISSION: Beverly Conservation Commission SUBCOMMITTEE: DATE: December 8, 2020 LOCATION: Remotely held meeting through Google Hangouts Meet MEMBERS PRESENT: Chair Christine Bertoni, Vice Chair Robert Buchsbaum, David Dines, Richard Grandoni, Stephanie Herbster, William Squibb MEMBERS ABSENT: OTHERS PRESENT: Environmental Planner Jenna Pirrotta RECORDER: Sarah Scott - Nelson Bertoni calls the meeting to order at 7:03 p.m. Bertoni reads the virtual meeting guidelines, confirms Conservation Commission members' and Staff attendance, 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. Grandoni joins the meeting at 7:07 p.m. Approval of Minutes (as available) October 20, 2020 The Commission reviews the draft minutes and offers edits. Buchsbaum moves to approve the October 20, 2020 minutes as amended. Seconded by Squibb. The motion carries 6 -0. November 10, 2020 The Commission reviews the draft minutes and offers edits. Buchsbaum moves to approve the November 10, 2020 minutes as amended. Seconded by Squibb. The motion carries 5 -0 -1, with Bertoni abstaining. Recess for Public Hearings Squibb moves to recess for public hearings. Seconded by Buchsbaum. The motion carries 6 -0. Notices of Intent /Abbreviated Notices of Intent/Reguests 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 Lisa Chandler, Assistant City Engineer, representing the applicant, recaps the proposed project describing the repair work to the seawalls surround Lynch Park and rebuilding the section of seawall at Woodbury Beach, within the existing footprint and with no change to the height of the walls. Chandler reports that the Chapter 91 licenses were provided with the additional information submitted to the Commission. Bertoni comments that the applicant must comply Beverly Conservation Commission December 8, 2020 Meeting Minutes Page 2 of 6 with requirements of the Chapter 91 program and if DEP Waterways review results in changes to the plan, they must return to the Commission. Bertoni asks about accessible parking access to this site, as it relates to accessible walkway areas at the top of the Woodbury Beach seawall. Chandler confirms that Woodbury Street is a public way, but does not believe there is street parking allowed. Bertoni asks about the storm water drainage and infiltration. Chandler describes the use of loose stone below the paved cap behind the seawall, which allows for infiltration. Bertoni opens up the hearing to members of the public. There being no further questions or comments, Herbster moves to close the hearing. Seconded by Squibb. The motion carries 6 -0. Cont.: 91 Lothrop Street, DEP File #5 -1313 — construct an in- ground pool with patio and pool house, landscaping, and associated appurtenances — Daniel & Daniella Mammal Pirrotta reports that the applicant has requested a continuance to the next meeting, in order to address Commission and DEP comments and to complete a revised plan. Herbster moves to continue the hearing to the January 5, 2021 meeting. Seconded by Buchsbaum. The motion carries 6 -0. New: 7 Juniper Valley Court, DEP File #5 -1295 — request to amend Order of Conditions — Alexander & Emily Kontos Pirrotta reads the legal notice. Evin Guvendiren of DeRosa Environmental, representing the applicant, explains the request for an Amendment to the Order of Conditions, making the temporary boulders and fill placed during construction a permanent solution. Other changes include piping a portion of the roof runoff into the wooded area away from the house. Guvendiren states that the limit of work remains the same and erosion controls remain in place. Grandoni suggests that the Commission take a site visit. Herbster and Squibb express their concern about the stability of the boulders and the steepness of the slope. Bertoni also expresses concern about the longevity of the changes. Pirrotta reads a public comment from abutter Colin O'Neil, 21 Hart Street, expressing concern about using Valley Street as an access road to the project. Pirrotta also reports she received a phone call from abutter Nancy Hewson, 800 Hale Street, with concerns about the steepness of the slope and potential runoff. Guvendiren comments that Valley Street is not proposed to be used for access. The Commission schedules a site visit for 8:00 a.m. on December 12, 2020. Herbster moves to continue the hearing to the January 5, 2021 meeting. Seconded by Squibb. The motion carries 6 -0. Reconvene Regular Meeting Squibb moves to reconvene the regular meeting. Seconded by Herbster. The motion carries 6 -0. Requests for Determination of Applicability Cont.: 131 Livinustone Avenue — Ana Sirianni Beverly Conservation Commission December 8, 2020 Meeting Minutes Page 3 of 6 Evin Guvendiren of DeRosa Environmental, representing the applicant, recaps the Commission's site visit and summarizes the plans to construct a timber retaining wall. Pirrotta reports she spoke to Kathryn Glenn of Massachusetts Coastal Zone Management (CZM) after the site visit and Glenn described that the determination of Land Subject to Coastal Storm Flowage ( LSCSF) is made if there is an elevational connection to tidal waters. Bertoni reads the suggested conditions. Buchsbaum notes that the condition for the newly planted red maple tree should include a two - year survival criteria. Berton adds that a note should be added to include CZM's comment on the determination of LSCSF versus Bordering Land Subject to Flooding. As a separate issue, the Commission discusses concerns with the debris at the adjacent property as observed at the site visit. Ana Sirianni, property owner, reports that the owner is absent in California and the front of the property is maintained while the back is neglected. The Commission will send a letter to the Mayor to raise awareness of the issue and attempt to have the debris removed. Herbster moves to issue a Negative 2 and 3 determination with the conditions as discussed. Seconded by Squibb. The motion carries 6 -0. Requests for Certificates of Compliance Cont.: 875 Hale Street, DEP File 95 -1038 — construct a 6 -lot subdivision, with 5 new single family houses and associated appurtenances — Montrose School Park, LLC Pirrotta reports that the applicant requested a continuance to the next meeting as they had a meeting conflict and are working on submitting additional information. Buchsbaum moves to continue to the January 5, 2021 meeting. Seconded by Herbster. The motion carries 6 -0. Old /New /Other Business Modification to Order of Conditions New: 61 Ober Street, DEP File #5 -1233 Richard Williams, of Williams & Sparages, representing the applicant, explains the plans to modify the shape of the previously approved paver patio. Williams describes that the patio will also have a cooking area for a gas grill which will either have a tank or gas line from the house. Bertoni requests that the plan include the 50 -Foot No Build Zone line. Pirrotta notes that the existing special condition 42 requires that the patio be built with pervious materials, and this will still apply with a modification to the Order. Squibb notes that the addition of a fire pit within the patio is a change as well. Williams reports that this surface will also be pervious. Bertoni raises concern that this will add carbon into the soil. Buchsbaum moves to issue a Minor Modification to the Order of Conditions, to approve the change in the location of the retaining wall, change in patio size, and inclusion of the fire pit, and acceptance of the landscape plan. Seconded by Dines. The motion carries 5 -1, with Bertoni voting no. Beverly Conservation Commission December 8, 2020 Meeting Minutes Page 4 of 6 Extension Requests New: 61 Ober Street. DEP File 45 -1233 Richard Williams, of Williams & Sparages, representing the applicant, explains the request to extend the existing Order of Conditions. Dines moves to issue a one -year extension under the Beverly Ordinance and Wetlands Protection Act. Seconded by Herbster. The motion carries 6 -0. Enforcement Orders Cont.: 11 Bay View Avenue Pirrotta reports that Griffin Engineering noted they are working on a plan and intend to present it at the January 5, 2021 meeting. Cont.: 10 Tall Tree Drive Kate Martens, property owner, reports that she has provided the Commission with before and after photos, as requested, in addition to a description of the work that was completed, per the Enforcement Order. Pirrotta reports that she held a site inspection with Martens on November 23, 2020 and notes that some bare areas could use some stabilizing with grass, but work was undertaken to address the Enforcement Order. Martens comments that she ordered hay to spread over the bare areas and that grass should grow in next spring. She reports about the rock placement along the street to prevent people from using the space as a dumping ground. The Commission appreciates the work that was undertaken. In response to Marten's question about poison ivy control, Bertoni notes that an expert would be needed to address this. Buchsbaum cautions Martens to watch for poison ivy or invasives and to hand remove as the lawn grows in. New: 33 Kennel Hill Drive Christine Cianfrocca, property owner, explains the unauthorized work that was undertaken, including additional of a new shed, patio, and retaining wall. She notes that the new shed is larger than the previous shed and that the old one was attacked by woodpeckers and mice. Mackenzie Payne, of Canelo and Payne Construction Landscape, contractor for the project is present, but is experiencing technical difficulties. Bertoni and Pirrotta point out to Cianfrocca the wetlands on the GIS overview map and describe the Conservation Commission's jurisdictional areas including the buffer zones. Bertoni notes that such work requires preparation of a plan which includes a wetland delineation with advance review and approval by the Commission. Members discuss next steps with Cianfrocca, including working with a consultant to file of a Notice of Intent. The Commission schedules a site visit for 9:00 a.m. on December 12, 2020. Herbster moves to issue a modified Enforcement Order requiring receipt of a Notice of Intent by February 8, 2021 for review at the February 23, 2021 meeting. Seconded by Squibb. The motion carries 6 -0. Tree Removals, If Any 73 Cross Lane Pirrotta explains the request for the removal of six trees at the site, including two red oaks, three red maples, and one birch which are in declining health. A past Order of Conditions (DEP File 95 -1056) at the property included the removal of one of the oak trees, however that was not Beverly Conservation Commission December 8, 2020 Meeting Minutes Page 5 of 6 undertaken at the time and a Certificate of Compliance had since been issued. The Commission discusses including standard conditions, as well as requiring planting of native shrubs. Herbster moves to approve the tree removal with the conditions as discussed. Seconded by Dines. The motion carries 6 -0. 12 Middlebury Pirrotta explains the request to remove two white pine trees and a dogwood tree which were damaged due fire from arson this summer. Buchsbaum moves to approve the tree removal request with the standard conditions as discussed including replacement of the dogwood tree which was originally planted as mitigation. Seconded by Dines. The motion carries 6 -0. 529 Essex Street Pirrotta explains the request to remove a large pine tree which has been dropping limbs over the past several years and states that the arborist recommends that it be removed. Buchsbaum moves to approve the tree removal request with the standard conditions. Seconded by Dines. The motion carries 6 -0. 71 Shortell Avenue Pirrotta explains the request to remove an oak tree with recent root damage from construction. The tree is located in the outer Riverfront Area, just off the property of a recently approved house reconstruction project. The City Engineer asked the applicant to seek removal as it threatens the neighboring property. Buchsbaum moves to approve the tree removal request with the standard conditions. Seconded by Squibb. The motion carries 6 -0. Minor Project Permits, If Any 8 Elm Ton Lane Pirrotta reports she issued a Minor Project Permit for the addition of a second story to an existing garage, which just clips the 100 -Foot Buffer to Coastal Bank. The Commission reports no objections. Cont: Waring School soccer field encroachment Pirrotta reports there are no new updates since the last meeting. Bertoni suggests hiring an independent attorney to advocate for the Commission's decision as progress is continually slow - going. The Commission notes this is a difficult issue to resolve, however the Commission previously agreed that the encroachment should be vacated. The Commission discusses possible next steps. Cont: Beverly Airport — update on Vegetation Management Program — Airport Solutions Group Pirrotta reports no new updates since the last meeting and notes that she will seek an update from the Airport team regarding submittal of the Certificates of Compliance. Beverly Conservation Commission December 8, 2020 Meeting Minutes Page 6 of 6 Orders of Conditions Cont.: 55 Ober Street, DEP File 45 -1312 — repair existing seawalls and walkway and install new walkway — City of Beverly, c/o Michael Collins The Commission discusses including the following special conditions, in addition to the standard general and perpetual conditions, in the Order of Conditions: 1. Equipment access shall be at receding tides from the points as described through the existing ramp and parking area. 2. No construction equipment of any kind shall be stored within the wetland resource areas, on the beach or buffer zone. 3. The limit of the seawall and walkways shall remain within the footprint as shown on the approved plan. 4. A contingency plan shall be developed and submitted to the Commission, prior to construction, which addresses protective measures that shall be taken in the case of a coastal storm being predicted to occur during construction. 5. Disturbed sediments, including those at the base of the seawall shall be backfilled and stabilized at the end of each work day. 6. Work on the seawall /ramp shall be during tide conditions that will ensure work is undertaken in the dry. 7. All excavated materials /soils that will be reused for backfill shall be stored on the upland and properly covered during times of storage (i.e. with a tarp or equivalent). 8. All areas of soil disturbance within work areas shall be immediately loamed, seeded and covered with a layer of hay to insulate seed and protect from washout. 9. All removed materials including bituminous concrete, mortar, fencing, etc. shall be removed and appropriately disposed of off -site. 10. None of the repair or replacement work shall raise the height of the existing seawalls. 11. The walls shall be maintained per Chapter 91 requirements. Notify the Conservation Commission of any future routine maintenance undertaken. 12. Should any changes to the proposed plan result from DEP Waterways Chapter 91 review, come before the Commission to review. Dines moves to issue an Order of Conditions for the project, under the Wetlands Protection Act and Beverly's Wetland Protection Ordinance, with the conditions as discussed. Seconded by Buchsbaum. The motion carries 6 -0. Adjournment Dines moves to adjourn at 10:22 p.m. Seconded by Grandoni. The motion carries 6 -0. The next regular meeting of the Conservation Commission is Tuesday, January 5, 2021, and will be held virtually.