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20240717132354251 City of Beverly Conservation Commission June 24,2024 w C 6 Meeting Minutes Page 1 of 8 CITY OF BEVERLY 1: PUBLIC MEETING MINUTES BOARD OR COMMISSION: City of Beverly Conservation Commission DATE: June 24, 2024 LOCATION: Virtual via Google Meet MEMBERS PRESENT: Chair Christine Berton,Vice Chair Robert Buchsbaum, Tara Duffy,Amber Redmond, William Squibb (late) MEMBERS ABSENT: Grace Charles OTHERS PRESENT: Conservation Agent David Spidaliere, Conservation Field Inspector Scott White RECORDER: Jessica Galvin 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. Berton reads the public notice regarding holding meetings remotely due to COVID-19. 2) Certificates of Compliance/Minor Modifications/Extensions/Tree Removals/Emergency Certifications a) Tree Removal Requests i) New: 25 Crescent Avenue Property owner Rick Morse is present and is seeking approval to take down a red oak tree. Morse explains the tree is about 5 feet in diameter, adjacent to a seawall, and is starting to lean towards the harbor with the roots rising up and raising the lawn. Morse displays pictures of the tree and Bertoni asks if an arborist has come to look at it and Morse responds yes. Morse states that Iron Tree Services came to look at the tree and confirmed the need for the tree to be taken down due to the risk of damage if it were to come down on its own. Bertoni asks if there was any indication on how much stump will be left after removal and Morse responds that about a foot will be left above the grade. Bertoni asks if there is a young sapling growing from the tree and Morse says yes. Bertoni asks Morse if he read the requirements of a tree removal and he answers no, so Bertoni reads the tree removal conditions. Buchsbaum: Motion to approve the tree removal request at 25 Crescent Avenue. Redmond seconds. Bertoni takes a roll call vote. Motion carries (5-0). 3) Recess for Public Hearings 4) Notices of Intent/Abbreviated Notices of Intent/R.equests for Amended Orders of Conditions/Abbreviated notices of Resource Area Delineations a) Cont.: Multiple Addresses,DEP File#5-1409 City Engineer Lisa Chandler is present to provide updates on the Beach Management Plan(BMP). Chandler clarifies that there are 10 public beaches that DPS services,rather than the six beaches that were listed on the original application. Section 3.2 of the BMP (the seawall repairs)will be removed from the plan going forward as seawall repairs will be covered under separate permits as necessary. Chandler presents photos of multiple City owned beaches,plans for maintenance at each of the 10 beaches that DPS services, and the asset management work order system that DPS will use for each beach if the BMP is approved. City of Beverly Conservation Commission June 24,2024 Meeting Minutes Page 2 of 8 Duffy states that it would be helpful to indicate on the individual maintenance plans where heavy equipment will be needed. Chandler explains how Eric Barber,Assistant Commissioner of Public Services, is creating a matrix of every item being done at each beach and whether it will be done by hand or with equipment. Redmond: Motion to continue the hearing to the July 16, 2024 meeting. Buchsbaum seconds. Bertoni takes a roll call vote. Motion carries (5-0). b) Cont.: 342 Old Essex Road,DEP File#5-1414 Property owner Klaudio Boka is not present. Spidaliere states that he explained to the owner that the Commission would likely need to amend the enforcement order to require a restoration plan for the removal of the walls and the restoration of the bank. The owner responded to Spidaliere saying he has no problem with the Commission enforcing any orders,but that he is not in a financial situation to hire anyone for the restoration work. Buchsbaum: Motion to deny the Notice of Intent for 342 Old Essex Road on the grounds that it cannot be conditioned enough to protect the resources based on MassDEP comments and photographic evidence. Redmond seconds. Bertoni takes a roll call vote. Motion carries (5-0). c) Cont.: 184 Hart Street,DEP File#5-1423 John Dick,wetlands scientist, is present on behalf of the applicant and explains how there was a site visit on June 22, 2024 to confirm the boundaries of the wetlands on the property. Dick states that based on his assessment,both ponds support populations of adult fish and minnows. Bertoni explains the MassDEP comments that were shared at the site visit, including that the ponds should be delineated. Spidaliere presents the revised plans with Dick's mark ups. Dick explains that in the peninsula on"Pond B", flag B-2 was removed and instead he connected B-1 directly to B-3. The second change made was the intermittent stream connecting the two ponds that is an overflow feature. The third change was at the beginning of the A series flagging. Flag A-la was added to the series. Dick states that there is no plan to do anything to the cross-country connection since it seems to be functioning well. Bertoni asks about a drain outlet at"Pond All that goes into a catch basin. Dick responds there were arrows added to the plans indicating the direction of flow and that the catch-basin flows into "Pond A", not the other way around. Dick explains that these ponds have been mainly ground water catchers since 1938 with the exception of the drainage from the subdivision. Bertoni states that until they hear more from MassDEP on the vernal pool habitat, she does not feel confident confirming buffers under the local ordinance or anything other than the delineations of Bordering Vegetated Wetlands. Buchsbaum: Motion to close the hearing. Duffy seconds. Bertoni takes a roll call vote. Motion carries (5-0). d) Cont.: 4 Upland Road,DEP File#5-1422 Bob Griffin of Griffin Engineering is present on behalf of the property owner and states that revisions were made to the plan, including moving the Coastal Bank line back about 10 feet and clarifying where the salt marsh is located.No modifications have been made to the design of the proposed project. Griffin describes how MassDEP comments have been addressed. Bertoni asks what will happen if they hit ledge when driving piles for the pier. Griffin states that they would try moving the pile first or that they would drill a hole into City of Beverly Conservation Commission June 24,2024 Meeting Minutes Page 3 of 8 ledge if necessary. Bertoni states that the applicant will need to return to the Commission for a Minor Modification to an Order of Conditions if drilling of ledge is required. Bertoni clarifies that work will need to be done via a barge. Buchsbaum asks how erosion will be controlled when removing invasives on the bank. Griffin explains that work will be done in sections rather than all at once. Redmond asks whether repairs to the Coastal Bank retaining wall to protect against erosion are included in this application. Griffin states that they will need to come back for approval on that project. This application does include the after-the-fact build out of a retaining wall. Redmond: Motion to close the hearing. Buchsbaum seconds. Bertoni takes a roll call vote. Motion carries (4-0-1). Squibb abstains. e) New: 55 Ober Street,DEP File#5-1424 Spidaliere reads the legal notice. Lisa Chandler, City Engineer,is present as representative for the City of Beverly. Chandler explains that seawall repairs need to be made at Lynch Park due to damage caused by extreme winter storms. This application is for in-kind repairs including repointing the seawall from the carriage house down to the rose garden,remove and resetting of walkway panels along the seawall, and replacement of capstones that became dislodged. The repointing will be done by hand. The remainder of the work will all be done using heavy equipment but will be done land side. Chandler shares the site plan to show the areas proposed for repair. Chandler explains that there are several other areas that need repairs,but that they will be included in future applications once funding becomes available. Berton asks whether this application is just for repointing the seawall,and Chandler explains that the proposed plan is also to reset capstones and to reinstate some of the concrete walkway panels. Bertoni asks what will be placed under the new walkway panels, and Chandler states that there will be crushed stone. Redmond: Motion to close the hearing. Buchsbaum seconds. Bertoni takes a roll call vote. Motion carries (5-0). 5) Reconvene Regular Meeting Duffy: Motion to reconvene the regular meeting.Redmond seconds. Bertoni takes a roll call vote. Motion carries (5-0). 6) Requests for Determination of Applicability a) Cont.: 114 Livingstone Avenue Property owner Brian Marks is present along with representatives Marshall Handly of Handly&Cox,P.C. and Michael DeRosa of DeRosa Environmental. DeRosa outlines his response to the peer review report provided by BSC Group. Since BSC's report was submitted,DEP data sheets have been filled out, soils analysis has been conducted, and Griffin Engineering has provided a detailed topographic plan for the area. DeRosa contends that there are no upgradientldowngradient wetlands discharging into the drainage way, that the area in question does have hydric soils and wetland vegetation,that the wetland is majorly disturbed, and that the area does include an Isolated Vegetated Wetland(IVW). BSC's report states that the area includes a Bordering Vegetated Wetland(BVW),_but DeRosa contends that this is actually an IVW,which is only protected under the Beverly Wetlands Ordinance,not the Wetlands Protection Act. BSC's report mentioned a trough connecting the wetland to the ditch/stream in question. DeRosa states that, if this was connected there would be evidence of flow, and there is no evidence of flow. Rather, DeRosa City of Beverly Conservation Commission June 24,2024 Meeting Minutes Page 4 of 8 believes this trough is likely the result of kids digging up the area. DeRosa explains that the area is sparsely vegetated with wetland vegetation. Bertoni asks if hydrologic connection needs to be overland flow. DeRosa confirms that there needs to be a surface flow for there to be considered a hydrologic connection. DeRosa shares the site plan and explains the wetland flagging done for the IVW. DeRosa explains that there is sheet flow from the IVW to the"drainage ditch" and that he ended up finding no BVW or intermittent stream on site. Buchsbaum states that BSC found BVW on site, and DeRosa explains that it was BSC's opinion that there was a hydraulic connection to an intermittent stream,but that DeRosa has demonstrated that there wasn't a connection, and rather that there is just sheet flow from the IVW. Ethan Sneesby of BSC Group is present and asks how DeRosa determined sheet flow. DeRosa explains that Griffin Engineering got their calculations based on Isolated Land Subject to Flooding. Bertoni asks if the stream flows only after storm events and DeRosa explains that it is a very flashy hydrograph that only appears to flow after storm events and that City of Beverly DPW dredges it regularly. Sneesby asks if the spoils from dredging are left on the banks. DeRosa is unsure. Duffy asks for clarification on why DeRosa believes there is no BVW on site. Discussion is held regarding additional peer review work. A site visit is scheduled for July 12, 2024 at Sam. Duffy: Motion to continue 114 Livingstone Avenue to the July 16,2024 meeting. Buchsbaum seconds. Bertoni takes a roll call vote. Motion carries(5-0). b) Cont.: 531R Hale Street Michael DeRosa of DeRosa Environmental is present on behalf of the applicant and shares the site plan. DeRosa explains that this application is in response to an Enforcement Order regarding the removal of a granite slab that was placed over a stream without a permit. A machine cannot be brought in without significant damage, so the proposed plan is to have a mason cut the stone by hand and carry it out using wheelbarrows. A small section of the stone will be left on either side of the bank to avoid erosion issues. Bertoni asks if this is the final decision of all of the trustees, and DeRosa confirms that it is. Buchsbaum: Motion to issue a Negative 2 & 3 Determination under the Act and the Local Ordinance with the conditions as discussed. Redmond seconds. Motion carries (5-0). c) New: 15 Cole Street Spidaliere reads the legal notice. Paul Nasser is present on behalf of the applicant and explains that this is an after-the-fact application to permit the resetting of a stone retaining wall. Redmond: Motion to issue a Negative 3 Determination under the Act and the Local Ordinance with the conditions as discussed. Buchsbaum seconds. Motion carries (5-0). d) New: 22 Wedgemere Road Spidaliere reads the legal notice. Property owner Angela Snow is present and explains that the proposed plan is to replace the existing above ground pool within roughly 80 feet of a wetland resource area. Bertoni clarifies that the owner previously replaced a pool in 2005 and asks if the pool will be moved. Snow explains City of Beverly Conservation Commission June 24,2024 Meeting Minutes Page 5 of 8 that the pool will be replaced in-kind. Duffy asks for clarification on whether the pool will need to be drained before being replaced. Snow confirms that the pool is already empty. Buchsbaum: Motion to issue a Negative 3 Determination under the Act and the Local Ordinance with the conditions as discussed. Redmond seconds. Motion carries (5-0). 7) Enforcement Matters/Potential Violations a) Enforcement Orders i) Cont.: 342 Old Essex Road The property owner is not present. Berton states that,based on MassDEP comments,the Enforcement Order will need to be amended to request that a restoration plan be submitted to restore the Inland Banks associated with an Intermittent Stream on the property. Buchsbaum states that the Commission needs to follow protocol and amend the Enforcement Order with a deadline to submit a restoration plan. Discussion is held regarding options to potentially cut costs associated with a restoration plan. Duffy asks if a restoration plan is required to be drafted by a professional wetlands scientist and Bertoni confirms that they would need a professional to draft the plan. Redmond asks if the Planning Department has a list of professionals who may work on a pro-bono basis. Spidaliere states that he will check,but that it is not something he has come across. Redmond: Motion to amend the Enforcement Order to require the submittal of a restoration plan by September 17, 2024 and to appear before the Commission at its September 24,2024 meeting to present the plan. Buchsbaum seconds. Motion carries (5-0). ii) Cont.: 11 & 13 Bay View Avenue Robert Griffin of Griffin Engineering is present on behalf of the property owner and explains that the property owner has planted some dune grass in the restoration area,that he has left the dune fence up and that the density of the grass is sparce. Griffin recommends that they inspect the area in October or November and perform an additional planting session at that time. Bertoni asks if Griffin submitted a revised plan, and Griffin confirms that a revised plan dated June 19,2024 has been submitted. Griffin agrees to provide an update on the plantings for the October 15, 2024 meeting. 8) Other Commission Business,Action Items,Correspondence,etc.,If Any a) Discussion or Action Items Related to Commission Business,Correspondence, etc. i) Conservation Commission representative for Community Preservation Committee A. Bertoni states that Buchsbaum's term as the Commission's representative for the Community Preservation Committee will be expiring on July 31,2024 and asks if Buchsbaum would like to be re- appointed.Buchsbaum agrees. Squibb: Motion to re-appoint Robert Buchsbaum as the Conservation Commission representative to the Community Preservation Committee. Redmond seconds. Motion carries (5-0). ii) Beverly Hazard Mitigation Plan update A. Bertoni provides the Commission with a brief update on the Beverly Hazard Mitigation Plan. 9) Orders of Conditions,If Any City of Beverly Conservation Commission June 24,2024 Meeting Minutes Page 6 of 8 i) 342 Old Essex Road,DEP File#5-1414 The Commission discusses the denial of this Notice of Intent. A vote was moved and seconded earlier in the meeting for this denial. ii) 184 Hart Street,DEP File#5-1423 The Commission discusses the following findings: 1. The WF A-Series flagging from flags A-1 through A-19 and A-la is confirmed as Bordering Vegetated Wetland(BVW). 2. The WF B-Series flagging from flags B-1, B-3 through B-16, and B-30 through B-32 is confirmed as Bordering Vegetated Wetland(BVW). The remaining B-series flags are not confirmed as they were not visible during the site visit. 3. Multiple members of the Beverly Conservation Commission were on-site to review and confirm the validity of the above described BVW flags. 4. The Commission has only confirmed the flagged lines,not the associated buffers. 5. There is no ruling on whether the A-series pond is a vernal pool or not. A determination on whether the A-series pond(which contains vernal pool creatures and predaceous fish)will be left until such time as a Notice of Intent application is filed. 6. Any future Notice of Intent application will need to include the delineation of both ponds. 7. There is an intermittent stream that connects the two ponds,but no delineation of the stream was performed. 8. The Commission's determination confirms only the requested delineations and is not inclusive of the entire—11 acre parcel. Buchsbaum: Motion to confirm the delineations as discussed and as written on the order. Redmond seconds. Bertoni takes a roll call vote. Motion carries (5-0). iii) 4 Upland Road,DEP File#5-1422 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. 2. During construction, disturbed areas shall be kept to a minimum and vegetative stabilization of these areas shall occur as soon as possible,particularly when it comes to the salt marsh. 3. Any demolished materials, excavated soils, or other related debris shall be immediately removed from the site for appropriate disposal. 4.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. 5. A minimum of 2.5 feet between the bottom-most horizontal member of the float and the mud flat surface shall be maintained even with any float foot settling. 6. Should any part of the pier, gangway, or float be damaged, dislodged and/or washed away,the owner shall be responsible for recapturing and collecting said material for proper disposal. This condition shall survive in perpetuity beyond the issuance of a Certificate of Compliance. 7. Watercraft of any kind shall not be allowed to ground out at low tide. This condition shall survive in perpetuity beyond the issuance of a Certificate of Compliance. 8. Personal watercraft shall be stored on the float or pier. This condition shall survive in perpetuity beyond the issuance of a Certificate of Compliance. City of Beverly Conservation Commission June 24,2024 Meeting Minutes Page 7 of 8 9. As described in the NOI,the float and gangway shall be placed seasonally and shall be moved and stored outside flood zone for winter storage and before major storm events. This condition shall survive in perpetuity beyond the issuance of a Certificate of Compliance. 10. Machinery on the barge is to be inspected prior to entering the work area and repaired promptly if needed. The barge shall be removed from the work area as soon as practicable. The barge is to avoid prop dredging and unnecessary disturbance at all times. The barge shall not ground out. 11. 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. 12. The use of timbers pressure treated with A.C.Q. (Alkaline Copper Quats), C.C.A(Chromated Copper Arsenate) or the equivalent is permitted as construction material. Creosote treated timber is prohibited.Wood preservative must be dry before any treated wood is used in construction. 13.Work shall be conducted from the uplands where possible, construction mats be utilized when transit across the salt marsh is necessary,no construction materials or equipment be stored in the salt marsh,work in the salt marsh be sequenced during the winter(November-March)when the vegetation is dormant, and temporarily disturbed areas be restored to pre-existing conditions. 14. If drilling into ledge is required,the applicant shall return to the Conservation Commission for a Minor Modification to the Order of Conditions. Duffy: Motion to issue an order of conditions for 4 Upland Road,DEP File#5-1422 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). iv) 55 Ober Street,DEP File#5-1424 The Commission discusses the following conditions: 1.No construction equipment of any kind shall be stored within the wetland resource areas, on the beach or buffer zone. 2. The limit of the seawall and walkways shall remain within the footprint as shown on the approved plan. 3. All removed materials including bituminous concrete,mortar, fencing, etc. shall be removed and appropriately disposed of off-site. 4.None of the repair or replacement work shall raise the height of the existing seawalls. 5. The walls shall be maintained per Chapter 91 requirements.Notify the Conservation Commission of any future routine maintenance undertaken. 6. 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. Redmond: Motion to issue an order of conditions for 55 Ober Street,DEP File#5-1424 under the Wetlands Protection Act and under the local ordinance with the conditions as discussed with the standard perpetual conditions. Squibb seconds. Berton takes a roll call vote. Motion carries (5-0). 10)Adjournment Buchsbaum: Motion to adjourn. Redmond seconds. Bertoni takes a roll call vote. Motion carries (5- 0). City of Beverly Conservation Commission June 24,2024 Meeting Minutes Page 8 of 8 Meeting adjourns at 10:00pm The next regularly scheduled meeting of the Conservation Commission is scheduled for Tuesday,July 16, 2024, at 6:30 p.m.