Loading...
05_14_2024 Cons Com Minutes - final City of Beverly Conservation Commission May 14,2024 Meeting Minutes Page 1 of 9 CITY OF BEVERLY PUBLIC MEETING MINUTES BOARD OR COMMISSION: City of Beverly Conservation Commission DATE: May 14, 2024 LOCATION: Virtual via Google Meet MEMBERS PRESENT: Chair Christine Bertoni, Vice Chair Robert Buchsbaum, Tara Duffy, Grace Charles, Amber Redmond, William Squibb (late) MEMBERS ABSENT: OTHERS PRESENT: Conservation Agent David Spidaliere, Conservation Field Inspector Scott White RECORDER: Naomi Moca 1) Chair Bertoni calls the meeting to order at 6:30 p.m. and conducts a roll call. There is a quorum of seated members. Bertoni reads the public notice regarding holding meetings remotely due to COVID-19. 2) Certificates of Compliance/Minor Modifications/Extensions/Tree Removals/Emergency Certifications a) Extensions to Orders of Conditions i) New: 37 Paine Avenue,DEP File#5-1331 Engineer Scott Patrowicz is present and says that the landscaping is not finished and the house and pool projects will be closed out at the same time. Buchsbaum: Motion to extend the OOC for 37 Paine Avenue, DEP File 95-1331 to May 28, 2025 under the Wetlands Protection Act and the local bylaw. Duffy seconds. Bertoni takes a roll call vote. Motion carries (5-0). b) Tree removal requests i) New: 6 Thackery Way Property owner David Hagen is present and says that North Shore Tree Experts evaluated the site. The side of the house has been damaged by the encroaching growth of the trees and the proposal is to remove no more than four trees within the 100-foot buffer zone. Conservation Field Inspector White confirms that he visited the site and confirmed the report. Hagen says he is aware of the standard conditions for removing hazard trees. Bertoni asks if there is a plan to replace the trees, and Hagen says no because the site already has many trees. Buchsbaum: Motion to approve the tree removal request for 6 Thackery Way within the jurisdictional limit. Charles seconds. Bertoni takes a roll call vote. Motion carries (5-0). c) Minor Modifications i) New: 4 Jacobs Avenue,DEP File#5-1410 Property owner Michael Broderick of 4 Jacobs Avenue is present. The gas line will not be installed under the slab per the request of National Grid. The site will be revegetated as soon as work is 1 City of Beverly Conservation Commission May 14,2024 Meeting Minutes Page 2 of 9 completed. Buchsbaum asks what the extent of the disturbance will be, and Broderick says the disturbance will be minimal. Redmond asks about the asphalt, and Broderick answers that the asphalt will be removed and a planting area established in its place. Broderick says he is aware of the standard conditions and that they all still apply. Charles: Motion to approve the Minor Modification for 4 Jacobs Avenue,DEP File 95- 1410, noting that all dates and conditions under the original OOC still apply. Buchsbaum seconds. Berton takes a roll call vote. Motion carries (5-0). Buchsbaum: Motion to recess for public hearings. Charles seconds. Bertoni takes a roll call vote. Motion carries (5-0). 3) Recess for Public Hearings 4) Notices of Intent/Abbreviated Notices of Intent/Requests for Amended Orders of Conditions/Abbreviated notices of Resource Area Delineations a) Cont.: Multiple Addresses,DEP File#5-1409—City-wide Beach Management Plan— City of Beverly Spidaliere says that he communicated with Eric Barber of DPW,who says that he is still working on the documentation for the application. Spidaliere says he will ask Barber to attend the June 4, 2024 meeting to provide an update. Duffy: Motion to continue the hearing to the June 4, 2024 meeting. Buchsbaum seconds. Bertoni takes a roll call vote. Motion carries (5-0). b) Cont.: 342 Old Essex Road,DEP File #5-1414—After-the-fact filing for unpermitted retaining walls—Klaudio Boka Spidaliere says he spoke to the property owner, who is unable to attend today's meeting. Buchsbaum: Motion to continue the hearing to the June 4, 2024 meeting. Charles seconds. Berton takes a roll call vote. Motion carries (5-0). c) New.: 4 McPherson Drive & 1 Dock Lane,DEP File#5-1415— Construct a new Youth Center—City of Beverly Spidaliere reads the legal notice. Bertoni says that the Commission conducted a pre-hearing site visit. Al Esteves of Colliers Real Estate, architect David Eisen of Abacus, civil engineer Jim Jackson of Pare Corporation, wetlands scientist Erika Klinkhammer of Pare Corproration, and Jack Duros of Sage Environmental are present. Esteves summarizes that the project consists of demolishing the existing McPherson Youth Center and replacing it with a new building to serve as the Youth Center that better meets the needs of the community. The site sits on contaminated fill capped with two feet of clean soil. The soils are challenging, so the building will be built upon micropiles built into bedrock. The project is tentatively scheduled to be completed in August 2025. Jackson shares the site plan and says it is bordered by the Riverwalk, McPherson Drive, and a skate park and basketball court which will both remain in place. The site is to the south and east of the 2 City of Beverly Conservation Commission May 14,2024 Meeting Minutes Page 3 of 9 existing Riverwalk. Jackson summarizes the erosion control measures,which includes siltsocks. The site will include four EV charging parking spaces and improvements to the drainage system. All stormwater will be collected to compensate for all new impervious surfaces and the existing surface of the basketball court and skate park. The water will be collected into a filter vault which will be filtered by a stormwater treatment unit. Bertoni asks how the project meets the redevelopment standards for Riverfront area. Klinkhammer shares the slides of the delineation she conducted in 2023. Klinkhammer points out the No-Build and other zones on the site and explains that the majority of the site falls within Riverfront. Klinkhammer says that the proposed restoration of impervious surface and degraded Riverfront Area will include a planting plan with native vegetation and grading that encourages infiltration instead of runoff. The planting list includes a wide variety of native plants. The placement of the building will be on the farthest point away from the Riverfront within the site. Bertoni asks if the applicant is aware of MassDEP comments, and Klinkhammer says yes and that the applicant prepared a response. Klinkhammer points out that the stormwater management plan goes beyond what is required of the applicant. Bertoni asks if the applicant is aware of any Riverfront projects that have accepted stormwater as mitigation and Klinkhammer says no, but the phosphorous loading leading to eutrophication is a newer topic in this field. Buchsbaum observes that in marine habitats,phosphorous does not cause algal blooms, but rather nitrogen does. Buchsbaum comments that the site is constrained by the nature of being a confined urban lot and expectations may be adjusted accordingly. Klinkhammer agrees and mentions that efforts were made to fit as many native plantings as possible on the site. Berton asks if the area of vegetation near the street is within the property line, and Klinkhammer says yes. Bertoni says she would like more mitigation to meet the performance standards, and has reservations about using the stormwater as part of the mitigation to meet the standard. Duffy asks if the applicant has looked into mitigation in Riverfront areas that are not on the site, and Klinkhammer says the applicant has not looked offsite. The Commission discusses whether there is sufficient information to close the hearing. Redmond: Motion to continue 4 McPherson Drive & 1 Dock Lane, DEP File 95-1415 to the June 4, 2023 meeting. Buchsbaum seconds. Bertoni takes a roll call vote. Motion carries (5-0). d) New: 400 Hale Street,DEP File #5-1419—repair to the Upper Endicott Pond drainage outflow pipe—Endicott College c/o Rick Gagnon Spidaliere reads the legal notice. Chris Broyles of Meridian Associates is present on behalf of the applicant and says the site is located near Endicott Pond next to the library. Upon investigation of the outlet to the pond, damage to the pipe was found resulting in misdirecting a small amount of water and causing slight erosion. The project will excavate the area, re-bed the pipe,reset it, and reconnect it to the existing pipe. The riprap will also be reset. The applicant proposes erosion controls and a turbidity curtain and dirtbag in case the trench needs to be dug out. 3 City of Beverly Conservation Commission May 14,2024 Meeting Minutes Page 4 of 9 Buchsbaum asks what the pipe is draining from, and Broyles says it is from throughout the campus running from the upper pond, through Peter Frates Hall, and finally discharging into Mingo Beach. Buchsbaum asks if the water is treated, and Broyles says that it has been previously treated. Bertoni asks how long the applicant anticipates the work will take, and Broyles estimates a few days. Bertoni asks about equipment access and Broyles points out the route past the Library that the equipment will take to access the site. Broyles says that there will be temporary seeding and jute mesh to stabilize the soils prior to the removal of the erosion controls, with the permission of the Commission. Duffy asks about the note on the plans regarding elevation of the pond, and Broyles says the applicant does not yet know whether the level of the pond will need to be adjusted using the outlet control valve. Duffy: Motion to close the hearing. Buchsbaum seconds. Berton takes a roll call vote. Motion carries (5-0). e) New: 24 Pickman Road,DEP File #5-1420 —Renovations and addition to single-family house—Katie Umile& Tiffany Colacchio Spidaliere reads the legal notice. Bill Manuell of Wetlands and Land Management is present on behalf of the applicant and shares the site plan. Manuell points out the headwall where the intermittent stream emanates. The existing house needs exterior renovation, which includes additional floor space, a two- story addition, and work around the property. The resource area is the bank of the Intermittent Stream. The heavy equipment will access the site by going around the left side of the house. The shed needs to be rehabilitated with a new roof. The pool fence does not meet code, so it will also be replaced. The patio will be reset with brick at the end of the project. Straw wattle erosion control will be used. The limit of work is outside of the 50-foot No Disturb Zone. Bertoni asks if any BVW was found in the delineation and Manuell answers that it is forested up to the bank of the stream. Manuell says the increase in impervious surface is 572 square feet. Buchsbaum asks what the plan is for additional stormwater runoff and Manuell answers that stormwater management standards do not apply to single-family homes and that the site currently infiltrates all water. Property owner Katie Umile is present and says the gutters will be attached to rain chains. Redmond asks what will replace the shrubs and arborvitae and Umile says they will be replaced with native vegetation. The Commission discusses that it is appropriate for a native planting plan to be submitted to the Agent. A site visit is scheduled for Saturday, May 18, 2024 at 8 a.m. Umile extends an invitation for any member who cannot attend on May 18, 2024 to visit the site at other times. Redmond: Motion to continue 24 Pickman Road,DEP File 95-1420 to the June 4, 2024 meeting. Duffy seconds. Berton takes a roll call vote. Motion carries (5-0). f) New: 9 Avalon Avenue,DEP File #5-1418 — Septic system improvements —Christopher Loring 4 City of Beverly Conservation Commission May 14,2024 Meeting Minutes Page 5 of 9 Spidaliere reads the legal notice. Wetlands scientist Caitlin White and James Polakiewicz of Hancock Associates are present on behalf of the applicant and share the site plan. White says the application is to improve the septic system in the existing location. Erosion controls will be in place during construction and the site will be restabilized after construction. Bertoni asks if the project has been approved by the Health Department and Polakiewicz says the Title 5 inspection was completed and the property owner was given a provisional permit due to the damage to the existing system. It will be compliant once the pipes are attached to the tank and leach field. Bertoni asks about the leach field and Polakiewicz says it consists of four trenches and is operational. Buchsbaum asks for clarification on the location of the septic tank and Polakiewicz says that it is 65 feet away from the Wetlands. Any disturbance associated with excavating the work area will be backfilled as quickly as possible. Berton asks if the conditions are too wet to do the work at this time of year, and Polakiewicz says the area is somewhat dry due to its elevation. The tank will be a 1500-gallon tank, replacing the existing tank in- kind. Redmond: Motion to close the hearing. Duffy seconds. Berton takes a roll call vote. Motion carries (5-0). g) New: 93 Hale Street,DEP File#5-1421 — Construct a new single-family house —Francesca Little Spidaliere reads the legal notice. Bill Manuell of Wetlands and Land Management and property owner Francesca Little are present and Manuell shares the site plan. Manuell says the project is Riverfront Redevelopment because the Riverfront has been degraded by pavement, structures, and lack of topsoil. In the evaluation, Manuell determined that the impact exceeds 10% of the Riverfront Area on the site. Manuell notes that the planned porch was inadvertently left off today's site plan. A portion of the paved driveway will be removed and restored. Mackerel Brook is marked as an intermittent stream on USGS, but Manuell is treating it as a perennial stream based on his calculations. Bertoni asks if it is possible for the mitigation to be moved closer to the Riverfront, and Manuell says that there is no place that is more beneficial. The mitigation is located where it is in order to leave the remaining portion of the lot undisturbed. Berton asks what impact dividing the lot will have and Manuell says none. Buchsbaum observes that this is the brook that flows into Dane Street Beach. The Commission discusses that a site visit is appropriate. Berton asks if new utilities have to be run in, and Manuell says that he will confirm with the architect. A site visit is scheduled for Monday, June 3, 2024 at 4 p.m. Duffy: Motion to continue 93 Hale Street, DEP File 45-1421 to the June 4, 2024 meeting. Charles seconds. Bertoni takes a roll call vote. Motion carries (5-0). Duffy: Motion to reconvene the regular meeting. Redmond seconds. Bertoni takes a roll call vote. Motion carries (5-0). 5) Reconvene Regular Meeting 5 City of Beverly Conservation Commission May 14,2024 Meeting Minutes Page 6 of 9 6) Requests for Determination of Applicability a) Cont.: 114 Livingstone Avenue— determination of jurisdiction—Brian Marks Spidaliere summarizes that the independent peer review was submitted to the Commission and the applicant plans to compose a response, but needs more time so has requested a continuance. Redmond: Motion to continue 114 Livingstone Avenue to the June 4, 2024 meeting. Duffy seconds. Bertoni takes a roll call vote. Motion carries (5-0). b) Cont.: 9 Kennedy Drive—install an above-ground pool and patio—Michael Sabella Spidaliere summarizes that the matter has been continued over six meetings since January 2025 and he has not received any responses from the applicant or their representatives. The Commission discusses that continuing one more meeting is appropriate. Charles: Motion to continue 9 Kennedy Drive to the June 4, 2024 meeting. Duffy seconds. Berton takes a roll call vote. Motion carries (5-0). 7) Enforcement Matters/Potential Violations a) Enforcement Matters i) Cont.: 342 Old Essex Road The Commission discusses the DEP comments. The members agree it is appropriate to continue the matter. ii) Cont.: 11 & 13 Bay View Avenue Bob Griffin of Griffin Engineering is present on behalf of the property owner and presents the revised restoration plan. Griffin shares the aerial photograph of the site and points out the 725 square feet that will be allowed to naturalize. Bertoni recalls that the Commission requested the area be restored where the heavy equipment had done some damage. Griffin shares photos of the site's wooden fence that has been pulled back about 30 feet. There are ornamental grasses and Rosa rugosa along the stream. Dune grass will be planted in Fall 2024. Berton asks for clarification on whether lawn is planned to be installed in the area. Griffin points out where the previous lawn was located to illustrate how the lawn has been reduced. Charles asks what plantings are planned for the 725 square foot portion and Griffin answers none. The Commission discusses that removal of the pine tree is not planned. Redmond asks how long the dune fence will be in place, and Griffin answers that the fence is for the purpose of privacy and protection and will remain in place indefinitely. Bertoni says a permanent fence would require a Notice of Intent and Griffin agrees that the applicant will remove the fence after the plantings have been established. While the dune grass will be planted in the Fall of 2024 when the weather is cooler,the fence may remain in place to protect the established dune grass that was not damaged by the storm. Griffin confirms that there are signs in place. The Commission discusses how long it is appropriate to leave the temporary fence in place. The Commission discusses whether the fence was in place two years ago, that the fence may trap debris, that the fence may be washed away, and that the fence is not part of the restoration of the original unpermitted work. The Commission discusses the purpose of the fence, which Griffin says is to protect the established dune grass, while the members infer it may be to keep the public out. Bertoni points out that the purpose of the dune 6 City of Beverly Conservation Commission May 14,2024 Meeting Minutes Page 7 of 9 fence is to meet the performance standard and protect newly established dune grass, not the dune grass that has been established for two years. Bertoni points out that the property owner has never attended any meetings to discuss this matter. Buchsbaum: Motion to approve the restoration plan for 11 & 13 Bay View Avenue as shown.No second. Motion fails. Duffy: Motion to approve the restoration plan for 11 & 13 Bay View Avenue as shown with the exception of removing the fencing over the creek channel with a two-foot buffer on either side. Buchsbaum seconds. Motion fails (3-2). Bertoni and Redmond against. Redmond: Motion to approve the restoration plan for 11 & 13 Bay View Avenue as shown with the modification that the fence is removed until dune grass is planted, at which time the fence can be reinstalled and left in place temporarily until dune grass has established. Bertoni seconds. Motion carries (4-1). Buchsbaum against. The Commission discusses the optimal time to plant dune grass. Redmond: Motion to amend the Enforcement Order for 11 & 13 Bay View Avenue to include the Restoration Plan dated May 6, 2024 with the exception of the dune fencing which shall be removed by Wednesday May 29, 2024, until such time as the dune grass is planted . Dune grass shall be planted by November 30, 2024. Duffy seconds. Motion carries (5-0). b) Potential Violations i) New: 15 Cole Street Property owner Jean McKenna and her son Paul Nasser are present. Spidaliere says White visited the site and observed a stone retaining wall had been removed and appeared to be being replaced.Nasser says the dry-set stone wall, which is very old, served as a retaining wall and had begun to erode over time. It was removed, replaced in-kind with the same stones without any removal of soil, and a small amount of seed was planted to stabilize the area. Bertoni observes that while there was a clear violation, it has already been restored. White says he visited the site and can confirm that it was restored in-kind. The property is almost entirely within the 100' buffer to an intermittent stream. The Commission discusses whether it would have been permitted if the correct process had been followed and that an after-the-fact RDA should be filed by the property owner. 8:30 p.m.: Squibb arrives. 8) Old/New/Other Business a) Expenditure Approvals i) Conservation Agent Mileage Reimbursement ii) Conservation Field Inspector Mileage Reimbursement 7 City of Beverly Conservation Commission May 14,2024 Meeting Minutes Page 8 of 9 Redmond: Motion to approve the Conservation Agent Mileage Reimbursement in the amount of$19.28 and the Conservation Field Inspector Mileage Reimbursement in the amount of$11.22. Buchsbaum seconds. Motion carries (6-0). 1) Orders of conditions,if any a) 400 Hale Street,DEP File#5-1419—replace driveway culvert—Robert Polansky The Commission discusses the following conditions: 1. All demolished materials, excavated soils, or other related debris shall be stored or stockpiled outside jurisdictional resource and buffer zone areas, if not immediately removed from the site. 2. A turbidity curtain shall be installed as shown on the approved plan,prior to the start of excavation activities. 3. Storage of construction materials shall be located on existing paved areas or outside the resource areas. 4. Erosion controls shall be installed downgradient of the proposed work area prior to the start of work and shall be inspected by the Conservation Agent. 5. Erosion and sedimentation control devices shall be inspected daily during periods of active construction and bi-weekly during the remainder of the construction period. 6. After work completion, any disturbed soils shall be seeded and stabilized to avoid sedimentation entering the resource area. 7. When mechanical equipment is being used, contractors shall keep hazardous material spill containment kits on-site in case of a release of oil, gasoline, or other toxic substances. 8. If any dewatering is required, a silt bag or similar shall be used. Duffy: Motion to issue the OOC for 400 Hale Street, DEP File #5-1419 under the Wetlands Protection Act and under the local ordinance with the conditions as discussed with the standard perpetual conditions. Redmond seconds. Bertoni takes a roll call vote. Motion carries (5-0-1). Squibb abstains. b) 9 Avalon Avenue,DEP File#5-1418— Septic system improvements— Christopher Loring The Commission discusses the following conditions: 1. All demolished materials, excavated soils, or other related debris shall be stored or stockpiled outside jurisdictional resource and buffer zone areas, if not immediately removed from the site. 2. Storage of construction materials shall be located on existing paved areas or outside the resource areas. 3. Erosion controls shall be installed downgradient of the proposed work area prior to the start of work and shall be inspected by the Conservation Agent. 4. After work completion, any disturbed soils shall be seeded and stabilized to avoid sedimentation entering the resource area. 5. The existing septic tank shall be appropriately decommissioned per Title 5 requirements. 6. No work permitted by this Order may begin unless and until the applicant receives a subsurface sewage disposal permit from the Beverly Board of Health which complies with both the requirements of Title 5 and any more stringent local standards, and until a copy of said permit is sent to the Conservation Commission and the Department. 8 City of Beverly Conservation Commission May 14,2024 Meeting Minutes Page 9 of 9 7. After initial City inspections, trenches shall be backfilled at the end of each workday. Redmond: Motion to issue the OOC for 9 Avalon Avenue, DEP File 95-1418 under the Wetlands Protection Act and under the local ordinance with the conditions as discussed with the standard perpetual conditions. Duffy seconds. Bertoni takes a roll call vote. Motion carries (5-0-1). Squibb abstains. 2) Approval of minutes a) April 23,2024 The members review and offer edits to the April 23, 2024 draft meeting minutes. Redmond: Motion to accept the April 23, 2024 meeting minutes as amended. Duffy seconds. Bertoni takes a roll call vote. Motion carries (4-0-2). Buchsbaum and Squibb abstain. The Commission discusses the members who are able to attend the upcoming meetings June 4, 2024 and June 25, 2024 and the possibility of additional members joining the Commission. The Commission discusses whether, in the matter of 11 — 13 Bay View Avenue,the vote is based on the majority of seated members or the majority of attending members. Furthermore, Buchsbaum was not eligible to vote on the matter, having missed the April 23, 2024 meeting. Taking that fact into account, the outcome of today's vote does not change. 3) Adjournment Redmond: Motion to adjourn. Buchsbaum seconds. Bertoni takes a roll call vote. Motion carries (6-0). Meeting adjourns at 10:15 p.m. The next regular meeting of the Conservation Commission is scheduled for Tuesday, June 4, 2024, at 6:30 p.m. 9