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11_09_2022 Cons Com Minutes - final Beverly Conservation Commission November 9,2022 Meeting Minutes Page 1 of 11 CITY OF BEVERLY PUBLIC MEETING MINUTES BOARD OR COMMISSION: Beverly Conservation Commission SUBCOMMITTEE: DATE: November 9, 2022 LOCATION: MEMBERS PRESENT: Chair Christine Bertoni, Vice Chair Robert Buchsbaum, Amber Redmond, William Squibb, Meghan Jones MEMBERS ABSENT: OTHERS PRESENT: Planning Department Director Darlene Wynne, City Conservation Agent David Spidaliere RECORDER: Naomi Moca 1. Chair Berton calls the meeting to order at 8:00 p.m. and reads the public notice regarding holding meetings remotely due to Covid-19. Buchsbaum moves to recess. Redmond seconds. Bertoni takes a roll call vote. Motion passes 5-0. 2. Recess for Public Hearings 3. Notice of Intent/Abbreviated Notices of Intent/Requests for Amended Orders of Conditions a. Cont.: 25 Linden Avenue,DEP File #5-1376—reconstruct existing retaining wall and associated landscape—Leslie Salter Kristen Farr with Hancock Associates is present on behalf of the applicant and asks if the Commission has any questions as a result of the site visit. Bertoni asks if the planting plan that the Commission requested has been provided yet. Farr states she was not aware of the Commission's request.Farr states that the plantings along the deck on the coastal bank area, where the wall is being replaced was discussed at an earlier date. Bertoni agrees that inkberry, Blueberry and Virginia rose plantings along the deck were proposed, and that the planting list was a request independent of that. Bertoni clarifies that the current NOI is supposed to pick up the work that remains undone from a previous, expired, order. Bertoni asks for elaboration on what items still need to be completed. Buchsbaum states the mitigation plantings weren't done. Bertoni asks about removal of invasive species, and Farr states that Asiatic, Bittersweet European, Buckthorn Barbary, knotweed, and a couple others were proposed to be removed. Redmond proposes that removing invasives plus the plantings along the deck would be optimal and Farr agrees. Berton comments that any vegetative material already in place there should be maintained and not removed. Farr agrees that as many plantings as possible will be undisturbed, such as a black cherry and Virginia creeper. Farr also proposes planting a seed mix to help the Beverly Conservation Commission November 9,2022 Meeting Minutes Page 2 of 11 undergrowth and Buchsbaum agrees. Bertoni states that they will need monitor the growth for two seasons to make sure there are no erosion problems. Squibb requests more detail on the wall material, as well as how the wall will be secured and stabilized. Bertoni agrees that those details should be provided in the conditions. Redmond moves to continue to the next meeting. Buchsbaum seconds. Bertoni takes a roll call vote. Motion passes 5-0. b. Cont.: 5 Preston Place, DEP File#5-1377—review and affirm the extent of wetland resource areas delineated—Andrew Campbell Mary Rimmer of Rimmer Environmental Consulting is present on behalf of the applicant. She states that there was an initial public hearing and a site visit for this ANRAD and that the applicant is looking for the Conservation Commission to approve the delineation, shown on the site plans that were submitted. Rimmer states that the plan includes an isolated wetland subject to local bylaw only, since it exceeds a thousand square feet and it is not large enough to meet the threshold for an Isolated Land Subject to Flooding under state regulations. She also states that, as mentioned during the hearing and at the site visit, it contains vernal pool habitat. Squibb asks if the Commission can certify the site as a vernal pool, which would change the buffer zone, and Rimmer answers that she would have to get their property owner's permission to do that, and she does not think the City can do it on its own as there is not enough material submitted with the ANRAD. She clarifies that this was for planning purposes only and there is not any imminent project proposed at this location. The Applicant wants to identify potential options. Buchsbsaum clarifies that from the perspective of the local ordinance,these are vernal pools, and Rimmer agrees. Bertoni asks if Rimmer is asking to confirm the A series flags. Rimmer answers yes, for the purpose of indicating the edge of an isolated wetland. Rimmer clarifies that she does not think it is necessary to confirm the high-water flagging, and it is not Isolated Land Subject to Flooding under the state regulations because it does not meet the 1/4 acre flood storage volume requirement annually. Bertoni asks about the depth, and Rimmer states that even though there are pockets of the pool that are deeper than six inches, it overall does not meet the volume requirement. Buchsbaum agrees the delineation was straightforward at the site visit. Redmond moves to close the hearing. Squibb seconds. Bertoni takes a roll call vote. Motion passes 5-0. c. New: 12 Conway Street,No DEP File # as of posting— construct a second-floor addition and install a new deck—Angel& Kellie Rivera Beverly Conservation Commission November 9,2022 Meeting Minutes Page 3 of 11 Wynne reads the legal notice. Bill Manuell of Wetlands Land Management is present on behalf of the applicant. Manuell states there were no comments from the DEP and that it is a relatively simple project. There is an existing home at 12 Conway and it has a side porch and back room that was added on. The new owners want to renovate the house and do a second story addition. Manuell evaluated the wetlands and pond that are on the golf course property. The site is adjacent to the end of Conway Street, a wooded area, and a depression, which lead to a historically dug channel. There is a pipe that runs from the end of the channel to the catch basin and continues to the municipal drain system. Thus,based on the dug ditch outlet, Manuell calls the area vegetated wetland. There would be a 25-foot no disturb line that runs through the project site and the 50 foot no build line runs through the middle of the house. The proposed project is to gut the interior, remove the roof, in a controlled demolition, and dispose of the roof in a dumpster and take off site. There is a corner of the house without proper foundation, so a footing and foundation wall will be added underneath. Once the demolition is complete, a new second floor will be constructed. The entire exterior will get new windows, doors, and siding, and a new deck of 16x6 feet will be added. There is an existing sidewalk that goes from the street, wraps around the house, and ends at the existing driveway. The project will remove 390 square feet of existing imperious surface, which is all the extra sidewalk surface,resulting in a 16:1 mitigation effort in favor of the wavier request. The concrete slab driveway will remain untouched. A new pervious walkway will be added from the front door and to the driveway. There will be a new stockade and a fence extension to the existing fence with anticipated 4-6 inches of space underneath the bottom of the fence to allow small mammals and amphibian migration. Buchsbaum asks if lawn seed mix will be used to replant the removed impervious surface, and Manuell says yes. Bertoni suggests that this should be added to the conditions. Squibb asks about bushes in the front of the house, and Manuell states that any disturbed bushes will get replaced with foundation plantings. Bertoni asks if the home footprint will change, and Manuell states no. Bertoni asks how the roof runoff will be treated. Manuell states that as it runs off the roof, there is exposed bedrock in the rear yard, and he reports that a neighbor observed the bedrock extends under the neighbor's garage structure. So, while there is not much soil depth, the rain will be absorbed into the grass. Bertoni asks if the impervious roof surface is being expanded, and Manuell says no. Buchsbaum asks about the roofline, and Manuell explains that the roofline will not change with the addition of the foundation under the existing portion with no foundation. Buchsbaum moves to close the hearing. Seconded by Squibb. Bertoni takes a roll call vote. Motion passes 5-0. Beverly Conservation Commission November 9,2022 Meeting Minutes Page 4 of 11 d. New: 4 Arbella Drive,DEP File#5-1378 —construct additions to existing Single- Family Home and relocate driveway —Thomas & Elizabeth Micka Wynne reads the legal notice. Mary Rimmer from Rimmer Environmental is present on behalf of the property owners. Also present is Julie McDonald from Olson Lewis, the project designer. This is a single-family house lot, which the Commission approved a pool in the backyard for in 2018 and the property owners received a certificate of compliance in 2019 for that work. It was reflagged in August 2022; flags Al-A16 indicate the limit of BVW. The applicant proposes constructing some additions to the existing home. At the back of the house,next to the pool, there are existing decks proposed to be consolidated essentially into one, larger deck. Additions are proposed off the back of the house and the front of the house, and a proposed garage addition on the west side of the house, connected with the breezeway which requires relocation of the existing driveway to the right of the house to be able to access the driveway. There is a 50 foot no build zone that extends across the site and the total area of new work in the no build zone is a hundred and five square feet. As mitigation for that work in the no build zone, mitigation plantings are proposed in the backyard. Rimmer proposes 2:1 mitigation within the portion of the lawn that is in the 25 foot no disturb zone. Rimmer explains that the project is trying to accommodate a number of different design goals for the property owner while staying within the existing developed area of the project site as much as possible. The trees and shrubs, including a spruce, a Japanese maple, and a tulip tree, currently in the area where the garage is proposed will be relocated elsewhere on site. Buchsbaum asks about the feasibility of moving the five trees, and Rimmer states that they are small enough to be moved, and perhaps the Japanese maple can remain. The other trees include a tulip tree,Norway spruce, and white cedar. Squibb asks for the plan for roof runoff, and Rimmer states that gravel drip strips are planned along the foundation, as well as gutters with downspouts draining to a dry well. Bertoni observes that dry well and gutter details are important for the Commission to have. Rimmer agrees that that information will be added to the plan along with rain barrels,potentially. Squibb, Buchsbaum, and Bertoni agree that a site visit is appropriate. Spidaliere reads a comment letter by Edward and Isabel Winslow, neighbors of the property. A site visit is scheduled for Saturday November 12, 2022 at 9 a.m. Redmond moves to continue to the next meeting. Seconded by Squibb. Bertoni takes a roll call vote. Motion passes 5-0. 4. Reconvene Regular Meeting Redmond moves to reconvene the regular meeting. Seconded by Jones. Bertoni takes a roll call vote. Motion passes 5-0. Beverly Conservation Commission November 9,2022 Meeting Minutes Page 5 of 11 5. Requests for Certificates of Compliance a. New: 25 Linden Avenue,DEP File #5-913 —demolish existing single-family house, reconstruct single-family house within same basic footprint, add deck to rear and native landscaping— Stephen Slocomb Kristan Farr states that the unfinished work from this previous order, which has expired, has all been added to the new NOI. Bertoni agrees. Squibb moves to continue the request for the certificate of compliance at 25 Linden Street until the November 29, 2022 meeting. Seconded by Redmond. Bertoni takes a roll call vote. Motion passes 5-0. b. New: 270 Hale Street,DEP File #5-1283 —construct an addition to an existing single- family house,replace existing deck within the same footprint, replace the front stoop, replace and extend existing driveway, and replace/relocate an existing walkway— Timothy &Marie Tobin Bill Manuell states that a complete certificate of compliance is being requested. Bertoni asks if the owners are aware that they could have come before the Commission for de minimus change, and Manuell states yes. Manuell explains that the deviations are minor, including eliminating a planned parking space, eliminating reconstructing a walkway, and constructing a smaller patio than was planned. The project also added a two-sided, three-foot high wooden trash screen. With these changes, the impervious surface area was reduced from the original plan. Redmond asks if the wooden trash screen sits on the ground, and Manuell states that it is framed with posts in the ground. Redmond moves to issue a complete certificate of compliance with perpetual conditions. Seconded by Jones. Bertoni takes a roll call vote. Motion passes 5-0. c. New: 95 Sam Fonzo,DEP File #5-949—construct industrial building with associated parking, utilities, stormwater management structures, landscaping and grading—Daniel Simonelli c/o The Coastal Group, LLC Daniel Simonelli of The Coastal Group is present requesting a partial certificate of compliance. Peter Ogren of Hayes Engineering submitted a report stating that the drainage of the site has been stable for a couple of years. Simonelli states that during the post construction walkthrough with Jenna Pirrotta and Eric Barber, there were some plantings between the wall and the wetlands, as well as discussion about swapping out some plants between the retention wall and the neighboring property. The current parking lot only has a binder coat, the curbing is in place, and the drainage is going into the catch basins. Bertoni asks about the proposed diversion dike that was never built. Simonelli states that it was in place but was washed out. Ogren and Simonelli discussed redesigning it or Beverly Conservation Commission November 9,2022 Meeting Minutes Page 6 of 11 eliminating it, as it is a minor item. Simonelli observes even with the biggest flash floods, the area is dry. The diversion dyke was eight inches, and in Peter Ogren's opinion is not necessary. The landscaping was never completed, and Simonelli states he would be interested in direction on the plantings. Bertoni expresses concern that the order of conditions is about 2 years old, and it is not clear how the roof drains are connected. Bertoni references an email from Simonelli stating he witnessed the drains being installed and the flow is great between the building and the catch basins. Simonelli confirms that everything is working as designed and offers to do a dye test if needed. Bertoni states that it was also noted that discharge orifices at the forebay and detention pond differ from the design and should be corrected or certified by an engineer, that the current operation is proper. Simonelli states that Ogren would like to install an orifice plate to meter the flow into the pond. Bertoni comments that the request is for a partial COC, which does not go very far when it comes to transferring property deeds, and Marshall Handly, the attorney for the applicant, counters that it offers some degree of definition for the institutional buyer and it would be significantly helpful in this circumstance. Wynne states that the special conditions on the August 2016 order say "This order issued on August 2, 2016 shall supersede all previous orders for the same project." Bertoni comments that a site visit would be appropriate to observe the plantings. Redmond agrees. Buchsbaum agrees and observes that getting guidance from the Engineering Department to address the questions David Lang raised will be beneficial. Simonelli, Buchsbaum, and Bertoni agree that Simonelli will seek out a statement from Eric Barber summarizing their communications since 2020 and the status of the project. Handly agrees and states that the closing is anticipated for the end of November 2022. A site visit is scheduled for Saturday,November 12, 2022 at 10a.m. Buchsbaum moves to continue the request for partial certificate of compliance to the November 29, 2022 meeting. Redmond seconds. Bertoni takes a roll call vote. Motion passes 5-0. d. New: 114 Standley Street,DEP File#5-964—landscape improvements including raising grade of side yard and reseeding lawn, install retaining walls, install property fencing on side yards, and plant native plants—Jeanne Earle Bob Griffin is present on behalf of the applicants who own the property at 114 Standley Street. The Commission issued an order of conditions in 2007. The Earles along with Cole Landscaping filed a NOI to do landscaping around the house. In August of 2007 the Commission approved the plan and the work was mostly completed in November 2007. Amy Maxner wrote a note in the file that she recommended coming back in 2008 to see how the Beverly Conservation Commission November 9,2022 Meeting Minutes Page 7 of 11 plant growth was progressing and to discuss filing the certificate of compliance with Mrs. Earle. Cole Landscaping then prepared an as-built plan, and again Maxner noted in the file that she witnessed the condition of the plantings, that growth was vigorous, and she was satisfied with the condition. Maxner sent the information to Mrs. Earle to file a certificate of compliance, but it never got filed. At this time there is a pending real estate transaction. Griffin prepared an as-built plan as there have been no significant changes since that time, and the few differences between the current conditions and the 2007 order are detailed in his letter. Among them are a raised garden (which was referenced in the 2007 order, but did not appear on the plan), a slightly extended walkway, and a chain link fence. In 2008 Maxner noted that she was satisfied with the chain link fence. Lastly, there is a small gravel parking spot in the front yard due to the City narrowing Standley Street, and the owner's son is now a licensed driver with his own vehicle. A small corner of the parking spot is within the 100-foot buffer zone, but Griffin does not believe it has any effect on the wetlands. Bertoni asks about the chain link fence, and Griffin states it was built to keep the family pet safe from getting stuck in the wetlands, and to keep the son's baseballs within the yard. Bertoni requests a plan that shows the current local buffers, and Griffin agrees to provide it. Buchsbaum asks how much the parking spot encroaches on the buffer zone, and Griffin states that the space is approximately 10 feet by five feet. Berton observes that it is a pervious surface, and she does not have a problem with it. Buchsbaum agrees, as long as it is left pervious and not paved over. Bertoni expresses that there should be no paving in the future as a perpetual condition, and Griffin agrees. Jeanne Earle,property owner, explains that the parking space was added to the side yard to avoid encroaching on the wetlands and that she chose gravel so that it can be reverted to yard again if needed. The commission discuss how the unpermitted parking space should be handled and agree that a minor project permit is most appropriate. Buchsbaum moves to issue a complete certificate of compliance including the four perpetual conditions that will stay on the certificate of compliance, #33436, and the Commission stipulates that there should be a minor project permit request to include the gravel parking area from the street to just inside the 100-foot buffer zone. Seconded by Jones. Bertoni takes a roll call vote. Motion passes 5-0. 6. Old/New/Other Business 6a. Enforcement matters a. Cont.: 16 Branch Lane—restoration plan Frank Postma, project manager with EA Engineering and Alex Patterson, wetlands scientist with EA Engineering, are present with a complete analysis of the disturbance to the wetlands and a corrective action plan. Beverly Conservation Commission November 9,2022 Meeting Minutes Page 8 of 11 Patterson summarizes that since the September Conservation Commission meeting, an interim report was submitted summarizing the operations that have occurred at the site and a list of proposed restoration actions to restore the site to its pre-alteration state. Patterson has since developed a more detailed restoration plan, with emphasis on restoring fill that was removed without authorization, and restoring the stream channel, and is now soliciting feedback. In addition, the property owner is requesting to be allowed to maintain the outer 50 feet of the buffer zone as maintained lawn area,previously vegetated with woody plants and trees. The detailed restoration plan includes 2 different alternatives for how the outer 50 feet of the buffer zone would be handled, one of which is to allow the property owner to maintain this area as lawn and, in lieu of revegetating this area, the property owners offered to make a monetary donation to the City's tree planting program for next year. The second alternative would involve revegetating the outer 50 feet of the 100-foot buffer zone as indicated in the restoration plan. Buchsbaum states he favors the alternative to replant the trees over the donation alternative, in the interest of wetlands protection, and Redmond and Bertoni agree. Bertoni asks when work is planned to start, and requests that the Enforcement Order be amended with a date of the adoption of the restoration. Patterson answers that he will ask the property owner, and that the planting work will happen in the spring. Postma adds they will present a plan of implementation at the next Commission meeting and a plan to secure the site for the winter. Bertoni clarifies that the outer 50 feet of the 100-foot buffer zone will be vegetated to the extent of the pre-alteration tree line. Patterson and Postma clarify that based on aerial photos and Google Earth images pre-work, the tree line did not extend to the 100- foot buffer line throughout the entire parcel, so the plan is to restore the pre-alteration tree line. Buchsbaum moves to amend the enforcement order to the include acceptance of the restoration plan and to have the applicants/their consultants return at the November 29, 2022 meeting to provide an implementation schedule. Seconded by Redmond. Bertoni takes a roll call vote. Motion passes 5-0. b. Cont.: 5/7/9 Netherton Avenue—received payoff check, return to compliance Jones comments that at the last meeting,pictures were presented and all that remained was the matter of the payment. All of the markers were put in place. Buchsbaum states that he and Redmond observed the site a couple months prior and were happy with it. Wynne states that the Staff Report notes from August 2022 state that it appears all the work is complete for the restoration, and there is ongoing monitoring planned. Buchsbaum moves to lift the enforcement order on 5/7/9 Netherton Avenue. Seconded by Jones. Bertoni takes a roll call vote. Motion passes 5-0. c. Cont.: 18 Meadow Road—return to compliance Evin Guvendiren of DeRosa Environmental is present on behalf of the owners. They are requesting a return to compliance. An order of conditions and a superseding order of Beverly Conservation Commission November 9,2022 Meeting Minutes Page 9 of 11 conditions was issued for this property for a patio, and a replication plan was supposed to be implemented. However, the permits expired before that work was able to be conducted. In 2020 the Beverly Conservation Commission issued an enforcement order to allow this restoration work to commence. Guvendiren states they have installed the plants and created the grades to match the adjacent wetland according to the approved plans. They installed the plants in June of 2021 and have monitored the growth for two full growing seasons. He states the site is stable and functioning as designed. Guvendiren confirms with Bertoni that the reports have been submitted to the DEP and the Beverly Conservation Commission. A site visit is scheduled for next week. Bertoni and Guvendiren clarify that the request is return to compliance under the local ordinance only, and Guvendiren will return for a final request for a certificate of compliance to close out the old order. Buchsbaum moves to lift the enforcement order and return to compliance under the local ordinance. Seconded by Squibb. Bertoni takes a roll call vote. Motion passes 5-0. 6b. Tree Removal Requests,If Any a. New: 12 Sylvester Avenue Bertoni states that the applicant requested to remove two black locust and two large hemlock trees that are dying from the property. Mayer Tree Service has evaluated the proposed removals. Squibb asks if there is a proposed replacement tree, and Bertoni states no. Jones moves to approve the tree removal request at 12 Sylvester Avenue. Seconded by Buchsbaum. Bertoni takes a roll call vote. Motion passes 5-0. 6c. Minor Project Permits a. New: 13 Cherry Road Victoria Lord, property owner, is present. Bertoni states that the project is the removal of a vegetable garden at the rear of the property that the previous owner had planted. The current owner would like to remove the debris from the area in the spring of 2023 and dispose of it off site. No heavy equipment will be used, and all plants will be removed by hand. No erosion control is proposed. Jones moves to approve the minor project at 13, Cherry Road,with the condition that the Conservation agent be called after the debris is removed and that everything is as stated. Seconded by Redmond. Bertoni takes a roll call vote. Motion passes 5-0. b. New: 102 Hull Street Tom and Sarah Gregory, owners, are present. They propose to add a simple fence to the property's backyard inside the buffer zone, not beyond the no disturbance post, so that their pets and daughter do not go into the wetlands. They are also concerned about poison ivy back Beverly Conservation Commission November 9,2022 Meeting Minutes Page 10 of 11 in the area. The fence will have the dual benefit of protecting the wetland from disturbance. The fence proposed is four feet tall along the front side of the house and the majority along the back of the home, within the no disturbance posts. Bertoni asks if a 4-inch gap is planned along the bottom of the fence, and Gregory states yes. Bertoni asks what materials will be used, and Gregory answers that the sides would have white vinyl like a white picket fence, and then along the very back, the longest stretch of it would be black welded wire with wooden posts. Bertoni clarifies that the black wire will not need the 4-inch gap. Buchsbaum moves to approve the minor project permit for 102 Hull Street. Seconded by Squibb. Bertoni takes a roll call vote. Motion passes 5-0. c. New: 13 Walden Street Jones states that the application is to remove and replace an existing pool deck, surrounded by a wooden fence and lawn. There is a spot designated for the dumpster to be placed, and the materials will be deposited in the dumpster and taken off site. Bertoni states that there should be minimal disturbance for post holes. Squibb asks if the dumpster placement is in the back of the house, and if it will cause any damage. Wynne states the planned location is in the street. Jones moves to approve the minor project permit for 13 Walden Street to replace a pool deck in the back yard, with the conditions discussed and any other appropriate standard conditions. Seconded by Squibb. Bertoni takes a roll call vote. Motion passes 5-0. 7. Orders of Conditions,if any a. Cont.: 5 Preston Place Buchsbaum moves to issue an order of resource area for 5 Preston Place with the findings and confirmed flaggings, as was discussed this evening. Seconded by Redmond. Bertoni takes a roll call vote. Motion passes 5-0. b. 12 Conway Street Wetland flagging is confirmed for this project only. The deck shall remain open and not covered. Construction debris shall be placed in the Dumpster for removal from site for disposal. The erosion control shall be inspected weekly. A four to 6-inch gap in the boundary fence must be maintained. The stockade fence shall be made of non-toxic or suitable lumber. 390-foot square impervious surface will be removed and planted with an appropriate seed mix. The front shrubs shall be replaced, if disturbed in the construction process. The disturbed areas shall be stabilized and restored. Buchsbaum moves to issue an order of conditions for 12 Conway Street as discussed. Seconded by Jones. Bertoni takes a roll call vote. Motion passes 5-0. Beverly Conservation Commission November 9,2022 Meeting Minutes Page 11 of 11 Adiournment Redmond moves to adjourn. Seconded by Squibb. Bertoni takes a roll call vote. Motion passes 5- 0. Meeting ends at 10:44 p.m. The next regular meeting of the Conservation Commission is scheduled for Tuesday,November 29, 2022.