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20240717132343403 i City of Beverly Conservation Commission r June 04, 2024 kEr hw , Meeting Minutes Page 1 of 11 CITY OF BEVERLY PUBLIC MEETING MINUTES BOARD OR COMMISSION: City of Beverly Conservation Commission DATE: June 04, 2024 LOCATION: Virtual via Google Meet MEMBERS PRESENT: Chair Christine Bertoni,Vice Chair Robert Buchsbaum, Amber Redmond,William Squibb MEMBERS ABSENT: Tara Duffy, Grace Charles OTHERS PRESENT: Conservation Agent David Spidaliere, Conservation Field Inspector Scott White RECORDER: Kathryn Horrigan 1. Chair Bertoni calls the meeting to order at 6:35 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 Certification a. Certificates of Compliance i. New: 20 Bay View Avenue,DEP File#5-1391 Project Manager Kelly Giles of Renova Environmental is present and provides an overview of the completed work. Giles explains that the property had contained contaminated lead and that what was left after this project is below the state standard for lead levels. All new materials were sampled before being brought on site. This is U.S. Coast Guard property. Record Plan is the same as the originally approved plan. Inspector Scott White did a site visit and confirmed the site is stable. Buchsbaum: Motion to issue a Complete Certificate of Compliance for 20 Bay View Avenue,DEP File#5-1391 with perpetual conditions. Redmond seconds. Bertoni takes a roll call vote. Motion carries (4-0). b. Minor Modifications i. New: 0 Hale Street,DEP File#5-1348 Jeramy Packard of Foth Infrastructure &Environment, LLC is present on behalf of the applicant and discusses the ongoing coastal project work which would include the removal of an existing red oak tree on the property that is adjacent to the work being done on the seawall project. The recommendation by the applicant's contractor was to remove the tree because of the degradation that would happen over time if the tree was left, and that with time the tree would inevitably need to be removed. City of Beverly Conservation Commission June 04,2024 Meeting Minutes Page 2 of 11 Bertoni clarifies that there will need to be a replacement of the single red oak. Packard confirms that the plan is the flush cut and leave the stump in place with no chipping or grinding, and that there would be a replacement on the property and that the tree will be in the work area. A new planting plan will be submitted to the Conservation Agent. Redmond: Motion to approve a minor modification for 0 Hale Street,DEP File#5-1348 with the additional conditions discussed. Buchsbaum seconds. Bertoni takes a roll call vote. Motion carries(4-0). c. Tree Removal Requests i. New: 15 Roosevelt Avenue Property owners Gail and David Balentine are present. Gail describes a grouping of 4 Norway Maple trees on the property that abuts the sidewalk which became an issue several years ago when her neighbor removed 5 or 6 trees from the abutting property that protected the trees in question. Without a buffer from the neighboring trees, the subject trees have not been able to withstand the weather. Because of this, the trees have become hazardous to the house. Inspector Scott White conducted a site visit and concluded that the wetlands in the back of the property are within 85 feet of the tree grouping. White also looked at the tree grouping and concluded that one mature tree and two volunteer trees would remain on the property. Buchsbaum: Motion to approve the tree removal request of four Norway Maples at 15 Roosevelt Avenue.Redmond seconds. Bertoni takes a roll call vote. Motion carries(4-0). 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 informs the Commission that Assistant Commissioner of DPW, Eric Barber, is not able to attend the meeting. A full list of notes will be sent to the Commissioners. Spidaliere summarizes that DPW is working with Foth Infrastructure&Environment, LLC to help get this permitted. The Commission discusses if the removal of Chapter 91 would speed the project along, or if withdrawing and refiling when the project is ready would be best. They also discuss the option of continuing later in the year to receive a more informed update. The Commission concludes that a representative of DPW will need to attend the next meeting or this application will need to be denied due to a lack of information. City of Beverly Conservation Commission June 04, 2024 Meeting Minutes Page 3 of 11 Jimmy McGrail of 210 Hart Street asks about the remote meeting link. Bertoni informs McGrail that the agenda item of concern(184 Hart Street ANRAD application) will be addressed later in the meeting. Squibb: Motion to continue the hearing to the June 24th,2024 meeting. Buchsbaum seconds. Berton takes a roll call vote. Motion carries (4-0). b. Cont.: 342 Old Essex Road,DEP File#5-1414—After-the-fact filing for unpermitted retaining walls—Klaudio Boka Spidaliere informs the Commission that the homeowner is not in attendance at the meeting. There was no notice given for absence. Bertoni states that a restoration plan will be needed based on MassDEP comments on the retaining walls not meeting performance standards for Inland Bank. The applicant will need to attend the next meeting. MassDEP comments were sent to the homeowner. Redmond: Motion to continue the hearing to the June 24,2024 meeting. Buchsbaum seconds. Bertoni takes a roll call vote. Motion carries (4-0). c. Cont.: 4 McPherson Drive& 1 Dock Lane,DEP File#5-1415—Construct a new Youth Center—City of Beverly James Jackson,Erika Klinkhammer, and Spencer Lynds of Pare Corporation are present on behalf of the applicant. Jackson gives updates regarding what was discussed at the last meeting. The Commission reviewed MassDEP comments regarding use of storm water phosphorous treatment as a form of mitigation for impacts in Riverfront Area. Klinkhammer explains the DEP was accepting of the comments regarding the extra phosphorus treatment as this process would be voluntary and is not required under typical stormwater management standards.Native plantings are also proposed throughout the site. Buchsbaum states that nitrogen rather than phosphorus is the nutrient of concern in salt water and asks for additional comment. Lynds highlights the impact that phosphorus has on shellfish and cites multiple sources. Klinkhammer describes the planting plan and states that the river walk will be kept intact per the City's wishes. Small portions of grass will be kept in place as a place for patrons to sit. The Commission clarifies that phosphorous treatment should be monitored before and after entering the phosphorous treatment system. They propose a condition be put in place to test protocol and to monitor this. Redmond: Motion to close the hearing. Buchsbaum seconds. Berton takes a roll call vote. Motion carries(4-0). City of Beverly Conservation Commission June 04,2024 Meeting Minutes Page 4 of 11 Klaudio Boka of 342 Old Essex Road comments that he is present in the meeting and Berton confirms that they will address the Enforcement Order pertaining to 342 Old Essex Road later in the meeting. d. Cont.: 24 Pickman Road,DEP File#5-1420—Renovations and addition to single- family house—Katie Umile &Tiffany Colacchio Property owner Katie Umile and representative Bill Manuell of Wetlands &Land Management are present. Manuell clarifies the planting plan. The questions regarding the roof drains on site have yet to be clarified,but Manuell believes that they currently go underground, and are unable to know for certain without tearing the site up. Manuell assumes that they drain into the street or potentially into underground filtration systems. Manuell flagged along the brook and no pipe outlet was found or previous trenching. The contractor is concerned about the concrete pool patio being damaged during the renovations. The entire pool deck will be replaced after construction with pavers. Bertoni confirms for a revised plan date which is May 30th, 2024. Buchsbaum: Motion to close the hearing. Redmond seconds.Bertoni takes a roll call vote. Motion carries(4-0). e. Cont.: 93 Hale Street,DEP File#5-1421—Construct a new single-family house— Francesca Little Bill Manuell of Wetlands&Land Management is present on behalf of the property owner and discusses the site visit that took place on June 3, 2024. Manuell discusses the 2:1 mitigation that has now been moved to be directly along the brook per MassDEP comments. Manuell highlights the efforts made by the owner to try to eradicate the Japanese knotweed that is ever present on the property. Bertoni confirms that the revised plan is dated May 30, 2024. The application is for one parcel which has not yet been divided. Any conditions and approvals will be filed under the deed of the single parcel. Redmond: Motions to close the hearing. Buchsbaum seconds. Berton takes a roll call vote. Motion carries(4-0). f. New: 184 Hart Street,No DEP File#as of posting—Abbreviated Notice of Resource Area Delineation—CS Hart, LLC c/o Ryan Carvalho Spidaliere reads the legal notice. John Dick,wetlands scientist, is present on behalf of the applicant and presents the site plan. Dick was hired to refresh some old flags on the property and ascertain whether either one of the ponds are functioning as vernal pools. He was looking for key factors such as amphibian breeding grounds, and adult predatory fish populations in the pools. City of Beverly Conservation Commission June 04,2024 Meeting Minutes Page 5 of 11 Through his site visits he confirms that the two ponds in question are listed on MassMapper as potential vernal pools. Dick confirms there is amphibian breeding and habitats in both ponds,but that there are also adult predatory species of fish in both ponds,which he claims disqualifies them from being vernal pools. The two ponds are connected hydraulically. The Commission agrees to a site visit and Dick agrees to let the abutters know. The Commission asks for clarification on whether the flagging is of BVW or just the ponds. Dick states that his flagging is of the BVW immediately adjacent to the ponds. He believes that the ponds are excavated based on the steep topography of each pond with a berm in the middle that is suspected to be the original grade. Spidaliere asks for clarification in the narrative on the flags and their numbers as the flag numbers on narrative do not entirely match the site plan. Dick notes that there are 50 flags,B 1 through B31, and Al through A19. The narrative is in error and will be amended by Dick to match the correct flag numbers. Alexander Rampl of 213 Hart Street asks for additional clarification for the development plans in the area. Bertoni clarifies that at this point there are no plans for development before the Commission and that this is just to confirm wetland resource areas on the site. Rampl asks for clarification on what potential development in the future might look like.Bertoni clarifies that this is the first step in developing a parcel. James McGrail of 210 Hart Street asks if the wetlands on his property feed into either of the ponds that Dick has identified. Dick states that he does not believe this to be the case. Scott McKenzie of 7 Dyer Road asks if members of the public can attend the site visit. Bertoni states that this will need to be confirmed by the owner of the land. Dick states that he will be the point person for the site visit. James McGrail of 210 Hart Street asks Dick what his capacity on the project is. Dick confirms that he is a wetlands scientist. A site visit is scheduled for June 22,2024 at 8am, and Dick confirms that the site visit should not take more than an hour. Redmond: Motion to continue the hearing to the June 24, 2024 meeting. Buchsbaum seconds. Bertoni takes a roll call vote. Motion carries (4-0). g. New: 4 Upland Road,DEP File#5-1422—Construct a pier with float—Alexander Marks Spidaliere reads the legal notice. Bob Griffin of Griffin Engineering is present on behalf of the applicant. Griffin explains that the application is for the construction of a pier with float, landscaping, and an after-the-fact installation of a retaining wall. The pier will be located over a portion of salt marsh. City of Beverly Conservation Commission June 04,2024 Meeting Minutes Page 6 of 11 Griffin explains that there is a sewer easement that runs through the property that creates constraints on what can be done. There is invasive vegetation on the slope which will be addressed in the project. If SESD ever wants to come and rehab their sewer, the aluminum gangway and float will allow for easy removal. Griffin describes the specs of the pier, gangway, and float. There will be cross bracing between pier pilings and pressure treated lumber will be used. DMF raised concerns about the cross bracing, and Griffin states that this will be revised to include K- bracing to minimize the potential of salt marsh impact. Griffin states that Marks did not realize that the front piece of his property was in Conservation Commission jurisdiction. The retaining wall,which is included in this application, is 100 feet long and 2 feet tall and is an after-the-fact component of the application. Berton states that the entire lot is in Riverfront Area and is therefore within the Commission's jurisdiction. Buchsbaum asks for clarification on the light penetration to the salt marsh area. Griffin states that the K-bracing will be added to the plan to address this. Berton states that a Chapter 91 license will be required for the pier and gangway. Griffin states that Marks has not yet filed for the Chapter 91 license. Bertoni asks how Coastal Bank was determined. Griffin explains that the top of the retaining wall is what they consider the top of Coastal Bank. A site visit is scheduled for Friday,June 21, 2024 at 4pm. Griffin states that the public is welcome. Redmond: Motion to continue the hearing to the June 24,2024 meeting. Squibb seconds. Bertoni takes a roll call vote. Motion carries (4-0). Buchsbaum: Motion to continue the regular meeting. Squibb seconds. Bertoni takes a roll call vote.Motion carries (4-0). 5. Reconvene Regular Meeting 6. Requests for Determination of Applicability a. Cont.: 114 Livingstone Avenue—determination of jurisdiction—Brian Marks Spidaliere summarizes that BSC's peer review was submitted to the Commission and the applicant plans to compose a response but needs more time so has requested a continuance. They are currently collecting more field data, as well as performing surveys, collecting topographical information, and performing an invasive species inventory. Spidaliere has asked BSC's wetlands scientist to attend the next meeting. Redmond: Motion to continue 114 Livingstone Avenue to the June 24,2024 meeting. Buchsbaum seconds. Bertoni takes a roll call vote. Motion carries (4-0). City of Beverly Conservation Commission June 04,2024 Meeting Minutes Page 7 of 11 b. Cont.: 9 Kennedy Drive—install an above ground pool and patio—Michael Sabella Debi Gregor of Ambassador Pools is present on behalf of the applicant and has submitted the additional information that was requested. A plot plan has been provided that shows the buffer zones and the additional mitigation plantings. Bertoni asks about the waiver request form for work in local buffers. Gregor confirms that this was submitted. Gregor confirms there will be four or five low bush blueberry plants installed, that there will be a saltwater system that will not need to be totally drained,that construction access will be from Kennedy Drive, and that they will need to smooth out the property with a quarter inch of sand under the pool. Buchsbaum: Motion to issue a Negative 3 Determination under the Act and the Local Ordinance with the conditions as discussed. Redmond seconds. Motion carries (4-0). c. New: 531R Hale Street—remove unpermitted granite slab—Caleb Loring III Spidaliere reads the legal notice and states that the applicant's representative has asked for a continuance while they determine the best course of action for the granite slab. Redmond: Motion to continue 531R Hale Street to the June 24, 2024 meeting. Buchsbaum seconds. Bertoni takes a roll call vote. Motion carries (4-0). 7. Enforcement Matters/Potential Violations a. Enforcement Matters i. Cont.: 342 Old Essex Road Spidaliere states that property owner Klaudio Boka was unable to stay on the meeting and asked to discuss this at the next meeting. Berton states that the concern remains surrounding the unpermitted walls that could potentially be affecting a stream that is on site, that the MassDEP comments that they have received do not leave much leeway, and that they will wait to discuss the Enforcement Order until the next meeting. ii. Cont.: 11 & 13 Bay View Avenue Spidaliere provides an update about the dune grass being planted earlier than was on the original restoration plan. The Amended Enforcement Order issued May 15,2024 directed the property owner to take down the dune fencing by May 29,2024, and to only put the dune fencing back temporarily after the dune grass has been planted. Originally the planting was not going to be done until November,but the plantings are in and the fence is still up. Bertoni states that this will need to be added to the June 24, 2024 meeting to be discussed further with the property owner. 8. Other Business a. Discussion or Action Items Related to Commission Business, Correspondence, etc.Received/Issued After Publication of Agenda City of Beverly Conservation Commission June 04, 2024 Meeting Minutes Page 8 of 11 Buchsbaum: Motion to pay the Conservation Agent May Mileage Reimbursement in the amount of$20.40 and also to pay the Conservation Field Inspector May Mileage Reimbursement in the amount of$18.48. Redmond seconds. Motion carries (4-0). 9. Orders of Conditions,If Any i. Cont.: 4 McPherson Drive& 1 Dock Lane,DEP File#5-1415—Construct a new Youth Center—City of Beverly 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. Erosion and sedimentation control devices shall be inspected daily during periods of active construction and bi-weekly during the remainder of the construction period. 5. Not less than 3 weather resistant signs or monuments, bearing the following language "Protected Wetland Resource Area-No Disturbance Beyond This Point Per Order of Beverly Conservation Commission"shall be installed equidistant along the edge of the 25-Foot No Disturbance Zone. Said signs/monuments shall be installed such that they are not less than 2 feet and no more than 4 feet above grade to ensure that it is visible in the field. 6. The signs/monuments as described in Special Condition#5 above shall be kept in good repair and replaced as necessary. This condition shall survive in perpetuity beyond the issuance of a Certificate of Compliance. 7. The Operation&Maintenance of all stormwater BMP's shall be adhered to, and all maintenance and inspection reports per the Stormwater Operation and Maintenance Plans shall be submitted to the Conservation Agent on an annual basis no later than December 31 st of each year. This condition shall run in perpetuity beyond the issuance of a Certificate of Compliance. 8. The plantings depicted on the approved site plan shall exhibit at least 75%overall survivorship and trees shall exhibit 100% overall survivorship after two growing seasons post installation and shall be verified by the Conservation Agent. 9. Annual monitoring reports of the native plantings outlined in Special Condition#8 above shall be provided to the Conservation Agent at the end of the growing season, for a minimum of two growing seasons. 10. Further alteration within the restoration area is prohibited, except as may be required to maintain the area in its restored condition. This condition shall survive in perpetuity beyond the issuance of a Certificate of Compliance. 11.Phosphorus monitoring shall occur for influent and effluent concentrations prior to construction. After the installation of the phosphorus traps,monitoring for influent and City of Beverly Conservation Commission June 04, 2024 Meeting Minutes Page 9 of 11 effluent concentrations shall occur after at least five(5) storm events and findings shall be submitted to the Conservation Agent. Redmond: Motion to issue an order of conditions for the 4 McPherson Drive & 1 Dock Lane,DEP File#5-1415 under the Wetlands Protection Act and under the local ordinance with the conditions as discussed with the standard perpetual conditions. Buchsbaum seconds. Bertoni takes a roll call vote. Motion carries (4-0). ii. Cont.: 24 Pickman Road,DEP File#5-1420—Renovations and addition to single-family house—Katie Umile&Tiffany Colacchio 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 overgrown yew shrubs and arborvitae that are slated for removal shall be replaced with native plantings. 6.Not less than 2 weather resistant signs or monuments,bearing the following language "Protected Wetland Resource Area-No Disturbance Beyond This Point Per Order of Beverly Conservation Commission"shall be installed equidistant along the edge of the 25-Foot No Disturbance Zone. Said signs/monuments shall be installed such that they are not less than 2 feet and no more than 4 feet above grade to ensure that it is visible in the field. 7. The signs/monuments as described in Special Condition#6 above shall be kept in good repair and replaced as necessary. This condition shall survive in perpetuity beyond the issuance of a Certificate of Compliance. Buchsbaum: Motion to issue an order of conditions under the State Act and Local Ordinance for the 24 Pickman Road,DEP File#5-1420 with the conditions as discussed with the standard perpetual conditions. Redmond seconds. Berton takes a roll call vote. Motion carries (4-0). iii. Cont. 93 Hale Street,DEP File#5-1421—Construct a new single-family house—Francesca Little The Commission discusses the following conditions: 1. Erosion and sedimentation control devices shall be installed along the edge of the down gradient side of the project area prior to construction as depicted on the approved site plan. City of Beverly Conservation Commission June 04,2024 Meeting Minutes Page 10 of 11 2. During construction, disturbed areas shall be kept to a minimum and vegetative stabilization of these areas shall occur as soon as possible. 3. 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 and shall be removed and appropriately disposed of off-site. 4. Storage of construction materials shall be located on existing paved areas or outside the resource areas. 5. Mitigation plantings must be installed prior to the issuance of a Certificate of Compliance. 6. Mitigation plantings shall exhibit 75% survivorship for not less than two growing seasons after their installation. A complete Certificate of Compliance shall not be issued until said survivorship is verified. 7. Further alteration within the mitigation and restoration areas is prohibited, except as may be required to maintain the areas in their mitigated or restored condition. This condition shall survive in perpetuity beyond the issuance of a Certificate of Compliance. 8.Not less than 2 weather resistant signs or monuments,bearing the following language "Protected Wetland Resource Area-No Disturbance Beyond This Point Per Order of Beverly Conservation Commission"shall be installed equidistant along the edge of the 25-Foot No Disturbance Zone. Said signs/monuments shall be installed such that they are not less than 2 feet and no more than 4 feet above grade to ensure that it is visible in the field. 9. The signs/monuments as described in Special Condition#8 above shall be kept in good repair and replaced as necessary. This condition shall survive in perpetuity beyond the issuance of a Certificate of Compliance. 10.Mitigation plantings must be installed prior to the issuance of a certificate of compliance. Redmond: Motion to issue an order of conditions for 93 Hale Street, DEP File#5-1421 under the Wetlands Protection Act and under the Local Ordinance with the conditions as discussed with the standard perpetual conditions. Buchsbaum seconds. Bertoni takes a roll call vote. Motion carries (4-0). Redmond mentions that regarding the 11 & 13 Bay View Avenue Enforcement Order, the restoration plan that was approved said that the dune grass will be installed in the Fall. The wording on record is that they would need to be planted by November 30, 2024. The approved restoration plan states"in Fall planting season, install dune grass". Berton is concerned that the property owner is in violation again, and that at the very least the Commission would need an updated restoration plan showing that the dune grass was planted in May. The Commission would also like clarity on if all of the dune grass was planted. Bertoni states that this will need to be on the agenda for the June 24, 2024 meeting and that a revised restoration plan will need to be submitted. City of Beverly Conservation Commission June 04,2024 Meeting Minutes Page 11 of 11 10. Approval of minutes a. May 14, 2024 The members review and offer edits to the May 14,2024 draft meeting minutes. Buchsbaum: Motion to accept the May 14,2024 meeting minutes as amended. Redmond seconds. Berton takes a roll call vote. Motion carries (4-0). 11. Adjournment Buchsbaum: Motion to adjourn. Redmond seconds. Bertoni takes a roll call vote. Motion carries(4-0). Meeting adjourns at 9:56 p.m. The next regular meeting of the Conservation Commission is scheduled for Monday,June 24th,2024, at 6:30 p.m.