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20240828094922610 City of Beverly Conservation Commission August 6,2024 r 11 J fT ` Meeting Minutes '1iDA P0R,:I,i -.r-_1 Page Iof10 C! Y CLE".IVS OFF CITY OF BEVERLY PUBLIC MEETING MINUTES BOARD OR COMMISSION: City of Beverly Conservation Commission DATE: August 6,2024 LOCATION: Virtual via Google Meet MEMBERS PRESENT: Chair Christine Bertoni, Vice Chair Amber Redmond,Tara Duffy, Grace Charles, William Squibb,Robert Buchsbaum MEMBERS ABSENT: OTHERS PRESENT: Conservation Agent David Spidaliere, Conservation Field Inspector Scott White RECORDER: Lucy Goss 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) Recess for public hearings Duffy: Motion to recess for public hearings. Charles seconds. Bertoni takes a roll call vote. Motion carries (4-0). Commissioners Redmond and Squibb arrive. 3) 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 Eric Barber of the Beverly Department of Public Services (DPS) is present to discuss Beverly's Beach Management Plan(BMP). DPS staff submitted a revised version of the BMP to address the Commission's previous comments. Barber shows a matrix of 10 relevant properties on which DPS plans to conduct key activities near coastal resources. Barber explains that the City no longer plans to complete seawall maintenance because of concerns the Commissioners expressed. This language has been removed from the BMP, and the City will file a Notice of Intent(NOI) if they decide to pursue this work at a later time. Commissioners comment on the helpfulness of the notes about Dane St. Beach under the"special consideration"column of the matrix, and request that the City add similar information for the other beaches. In response to questions about sand removal, Barber clarifies that DPS staff will move sand around and grade it to level it out,but will not remove sand from the beach. Buchsbaum inquires about seaweed raking, noting that some seaweed should be maintained on the beaches to protect wildlife habitats. Barber explains that beach cleaning is a one-time annual effort to remove the overabundance of seaweed that accumulates and often comingles with debris and trash. Beach raking will be limited to loose sand in areas commonly used for recreation, not in tidal pools or 1 City of Beverly Conservation Commission August 6,2024 Meeting Minutes Page 2 of 10 mucky areas. Duffy asks whether DPS staff shake the seaweed to remove excess sand. Barber explains that staff members try not to dig too deep and use a beach rake to redistribute the sand,but they do not remove it. Barber expresses the intent to create a series of detailed tasks and descriptions in the new work order system DPS is developing,to ensure that staff consistently follows these protocols. Barber confirms that abutters were initially notified of the NOI filing. Barber and the Commissioners discuss updates that the Commission would prefer be made to sections of the BMP, including grammar/wording changes, clarity around emergency vehicular access on beaches, language around marine mammal rescue and salvage, and more detail about the nature of planned activities for each site. The Commissioners decide to continue this matter to the next meeting on August 27, 2024,to allow Barber to make the discussed edits and provide the Commission with a revised copy of the BMP. Buchsbaum: Motion to continue the hearing to the next August 27, 2024 meeting. Charles seconds. Bertoni takes a roll call vote. Motion carries (5-0-1). Redmond does not participate in the vote due to technical difficulties. b) Cont.: 17 Wirling Drive,DEP File#5-1426—Addition to single family house—Michael Contilli Bob Griffin is present on behalf of the applicant regarding this proposal to create a lateral and vertical addition to the house to add an accessory unit,deck,paver walkway, and parking space. The addition will be placed on 7 wood posts on concrete piers, and the area below the addition and deck will be stabilized with crushed stone. The driveway will be expanded, a paver walkway will be added to access the side entry door, and the existing fence will be removed and replaced closer to the rear building line. Redmond: Motion to close the hearing. Duffy seconds. Bertoni takes a roll call vote. Motion carries (6-0). c) New: 0 Trask Lane,DEP File#5-1407—Request for Amendment to ORAD—Corcoran Trask Lane LLC c/o Peter Mahoney Spidialere reads the legal notice. Elizabeth Wallace from Hayes Engineering is present on behalf of the applicant. An Order of Resource Area Delineation(GRAD)was issued for wetlands on this property on April 24, 2024,but at the site visit a portion of the wetland flags were accidentally not reviewed and were left out of the initial GRAD. The applicant is requesting an amendment to the ORAD to include the skipped flags P-1 through P-10 along Duck Pond and the associated buffers. Spidaliere shares the site plan from December 28, 2023 and Wallace indicates the location of the skipped flags. Bertoni asks why the pond banks and other resource areas on the pond were not also flagged. Wallace states she is unsure of the reason. 2 City of Beverly Conservation Commission August 6,2024 Meeting Minutes Page 3 of 10 Bertoni asks if there is any vernal pool activity and Wallace indicates she does not know. Tim Corcoran of Corcoran Trask Lane LLC notes that they did have someone evaluate the potential for vernal pool activity and he is happy to follow up with more information from the evaluator. The Commissioners decide to schedule a site visit for August 10,2024 at 8:00am. Bertoni opens up the discussion to members of the public. Beverly resident Patrick Knight asks whether he can join the site visit. Corcoran confirms that anyone is welcome to attend. Redmond: Motion to continue the hearing to the August 27, 2024 meeting. Charles seconds. Bertoni takes a roll call vote. Motion carries (6-0). d) New: 18 Brimbal Avenue,Local IVW—Site drainage& landscape improvements—Kathleen Downey Spidialere reads the legal notice. Bob Griffin is present on behalf of the applicant and explains that the project is for the regrading of a portion of the yard and diverting excess stormwater to the municipal drainage system along Brimbal Avenue. The work is located within and adjacent to an Isolated Vegetated Wetland(IVW)and its 100-foot buffer zone. A significant portion of work is for the filling and replication of the IVW,including removing existing turf grass,digging by a minimum of 8 inches, installing new loam, and installing native wetland plants and seed mix to the replication area. The application also proposes a dog fence to enclose a portion of the rear yard. Griffin shares site plans, Beverly GIS maps, and photographs of the property and surrounding areas. Griffin explains that there are no municipal drains behind the property so when there is significant rainfall, a large amount of water builds up in the backyard. Griffin shares his opinion that the standing water is a nuisance,poses a safety hazard, and increases the risk of basement flooding. Griffin states that staff from the City Engineer's office inspected the property and expressed that the proposed work is acceptable. Redmond comments that a site visit would be helpful, adding that she regularly walks by this property and sees significant water pooling on the side of the house. Bertoni asks why the drain cannot be oriented toward Brimbal Avenue in a more direct route. Griffin explains that he does not believe this placement would eliminate the hazard to the applicant's property. Griffin states his opinion that the new drainage pattern will support IVW and that there are no concerns about the presence of vernal pools or endangered species in the area. Griffin agrees to provide Spidaliere with data collected by a wetlands scientist that supports these findings. Squibb inquires about the presence of standing water in the yards of neighboring properties. Griffin states his understanding that 20 Brimbal Avenue does get some standing water,but that 18 Brimbal Avenue gets the most. Field Inspector White states that he lives nearby and he believes that 18 Brimbal Avenue is at the lowest elevation among properties in the neighborhood. 3 City of Beverly Conservation Commission August 6,2024 Meeting Minutes Page 4 of 10 Spidaliere reads the following questions and comments from the City Engineering Department: • This project will require drainage operation and erosion control permits. • This project will require a digging permit for the drain tie-in, including detail showing the manhole tie-in. • Will any trees be removed in the Right-of-Way as part of this project?If so,how many?The Department recommends reducing the grade of work to be as minimal as possible. Griffin states he is not sure there are any trees in the Right-of-Way,but this can be evaluated at the site visit. Griffin explains he does not think the Right-of-Way has served as a drainage pathway for the most part. Bertoni opens up the discussion to members of the public. The Commission hears comments from: Hugh Braley, owner of 20 Brimbal Avenue: Braley states that one of the pictures shown is of his backyard,not of 18 Brimbal Avenue. Braley expresses concern that the site plan does not provide enough information about the project and its potential effects on his and other nearby properties. Braley is concerned that the plan does not address the high water table,the impact of heavy precipitation,the number of properties that will be impacted by this work, and potential impacts on the insurance coverage,mortgage conditions, or property values of neighboring properties. Braley comments that the plan does not explain how the dog fence will be reinforced. Braley states his belief that the site plans Griffin shared do not reflect changes to the area's natural topography since the last survey was conducted. Braley requests that the City Engineer confirm that Brimbal Avenue will not be impacted should the proposed drainage fail to function as designed, and requests that an impact study be conducted before any construction is permitted. He requests a continuance for more time to consider how this proposal would impact nearby property owners. Braley states his belief that a portion of the applicant's property will always be wet because of its lower elevation. Bertoni clarifies that some of Braley's comments, including an impact study, are outside the Commission's jurisdiction but assures Braley that the Commission will take these comments into consideration. Braley agrees to send a copy of the document he prepared to Spidaliere. Liz Miller,geophysicist: Miller speaks on behalf of Virginia Culton, owner of 24 Brimbal Avenue and John Bagnell, owner of 22 Brimbal Avenue. Miller states that Culton and Bagnell agree with Hugh Braley's comments. Miller also notes that the site plan does not show the area to the north of 18 Brimbal Avenue,which she believes will be impacted by the proposed work. Although the proposed drain will theoretically push the water south from the applicant's property, Culton and Bagnell are concerned that as the ground freezes,water might be pushed further to the north toward their properties. Miller expresses concern that the information shown by Mr. Griffin includes pictures and maps Culton and Bagnell have not seen. Miller states that Culton and Bagnell need more information in order to make an educated decision about how this project would affect their properties. 4 City of Beverly Conservation Commission August 6,2024 Meeting Minutes Page 5 of 10 Constance Cole owner of 14 Brimbal Avenue: Cole expresses serious concerns about this project. She states that the Right-of-Way is not dry and that this past winter it contained a foot of standing water. Cole shares the concerns of her neighbors about the potential for water to drain toward her property from the north side of 18 Brimbal Avenue,noting that 14 Bimbal Avenue already has an issue with basement flooding. Cole also states her belief that 3 trees were removed from the Right-of-Way,within the 100-foot buffer zone,without approval from the Commission or permission from the Right-of-Way's property owner,Hannelore McCarthy of 9 Montserrat Road. Doug Solenari on behalf of Louis Solenari, owner of 11 Montserrat Road: Solenari states his belief that the house at 18 Brimbal Avenue was built decades after the houses around it because the property was known to contain wetlands and is a sunken Swale. Solenari believes the applicant must have known flooding was an issue when purchasing the land. Solenari explains that the stated goal of this project is to remove stormwater runoff,but the plan does not address the effect on existing water. Solenari is concerned that this work will decimate the wetlands and negatively impact wildlife habitats. He believes that trees in the Right-of-Way have already been cut down in preparation for this project. Solenari expresses concern that tree root systems will need to be removed to install the proposed drain, and that more standing water will accumulate on neighboring properties without tree roots to consume water from the ground. Solenari asks the Commission whether Griffin was instructed by the homeowner to remove the trees. Griffin states he did not receive any instructions related to tree removal. Cole adds her belief that from May 27-29, at least 10 trees were removed from the area, including 3 from the Right-of-Way. The Commission schedules a site visit for Saturday,August 10 at 9:00am. Griffin agrees to check with the applicant as to whether members of the public may attend. Duffy: Motion to continue the hearing to the August 27, 2024 meeting. Redmond seconds. Bertoni takes a roll call vote. Motion carries(6-0). 4) Reconvene Regular Meeting Duffy: Motion to reconvene the regular meeting. Charles seconds. Bertoni takes a roll call vote. Motion carries (6-0). 5) Requests for Determination of Applicability a) Cont.: 4 Canterbury Circle—Replace deck—Kathleen Salandrea Keri Hawkins, contractor for the applicant, is present on behalf of the applicant. Due to technical difficulties,the applicant was unable to present at the last meeting. 5 City of Beverly Conservation Commission August 6,2024 Meeting Minutes Page 6 of 10 Hawkins explains that this project entails demolishing the house's existing deck,which will be rebuilt to the current footprint but lengthened by 7 feet. The existing deck is 10'x19' and the new build will be 10'x26'. The planned deck will not extend past the end of the house and will not be covered. In response to questions about the footings,Hawkins explains that just like the existing deck, four footings will be required, which can be installed using handheld tools. The footings will be moved slightly. The proposed construction will not otherwise bother the ground. Redmond: Motion to issue a Negative 3 Determination under the Wetlands Protection Act and the Beverly Wetlands Ordinance, with conditions as discussed. Duffy seconds. Bertoni takes a roll call vote. Motion carries (6-0). b) Cont.: 340 Old Essex Road—Installation of fence—David Khouri Property owner David Khouri presents on the request to build a fence on his property. The proposed work will take place within the buffer zone to Bordering Vegetated Wetlands and Inland Bank associated with an intermittent stream. Khouri shares a plan showing that the fence is within the 50- foot No Build Zone but outside of the 25-foot No Disturb Zone. At the July 16, 2024 meeting,the Commission requested more information on the proposed construction methods and materials,the use of hand tools or heavy equipment, the number of posts to be used, and a plan showing buffer zones. Khouri has since provided the following information: - The concrete will be poured by hand and put into the ground dry. The concrete then absorbs water from the ground as it sets. If the concrete needs to be poured wet, it can be. - The footings will go down 2' deep and be between 12"-14" in diameter. Concrete is not filled to the surface as dirt will cover the top of the concrete. - Every post will have a footing,put in every 8 feet. An estimated 17-20 posts will be placed. Buchsbaum: Motion to issue a Negative 3 Determination under the Wetlands Protection Act and the Beverly Wetlands Ordinance,with conditions as discussed. Redmond seconds. Bertoni takes a roll call vote. Motion carries (6-0). e) Cont.: 204 Greenwood Avenue—Construction of pavilion—North Shore Nursery School Jessie Vogel,Director of the North Shore Nursery School, is present. The proposed work is for the construction of a timber-framed pavilion on a concrete foundation,to be located inside the existing playground area. This work will take place within the 100-foot buffer to Inland Bank and within the 200-foot Riverfront Area. A site visit was conducted on July 19, 2024. The applicant has provided grading information and an alternatives analysis for the pavilion's proposed location,per the Commission's request. Vogel explains that this analysis revealed that other locations would require considerably more excavation to make space for the pavilion. The chosen spot also allows for easiest access and egress to the school building. 6 City of Beverly Conservation Commission August 6,2024 Meeting Minutes Page 7 of 10 Duffy: Motion to issue a Negative 2 &3 Determination under the Wetlands Protection Act and the Beverly Wetlands Ordinance,with conditions as discussed. Redmond seconds. Berton takes a roll call vote. Motion carries (6-0). d) New: 3 Wedgemere Road—Replacement and extension of deck—Derek Oleson Spidaliere reads the legal notice. Chris Kersker, contractor for the project, is present on behalf of the applicant, and presents on the replacement and slight expansion of an existing wooden back deck, taking place within the buffer zone to BVW. Kersker explains that the new deck will be 604 square feet and the closest corner will be approximately 70 feet from BVW, so it will not be any closer to BVW than the existing deck. An existing swimming pool and fence are located on the property behind the deck,providing separation from BVW. Kersker proposes to install 6 helical piles, so no cement will be necessary. The existing deck sits on concrete right on the ground with no footings,which is causing a sinking problem.Kersker states that they might need to raise the deck by 6 inches at most, and confirms that the proposed deck will allow rainwater to pass through to the ground. Kersker clarifies that they do not plan to excavate any soil to install the footings. Charles: Motion to issue a Negative 3 Determination under the Wetlands Protection Act and the Beverly Wetlands Ordinance,with conditions as discussed. Buchsbaum seconds. Bertoni takes a roll call vote. Motion carries (6-0). e) New: 36 Cole Street—Install above-ground pool—Bruce&Johanna Johnson Spidaliere reads the legal notice. The applicants are not present so the Commission decides to continue the matter to the next meeting. Charles: Motion to continue the hearing to the August 27, 2024 meeting. Duffy seconds. Berton takes a roll call vote. Motion carries (6-0). f) New: Subtidal land off West Beach—Eelgrass sampling—Jillian Carr Spidaliere reads the legal notice. Jillian Carr from Massachusetts Bays (MassBays) is present. MassBays, an EPA-designated National Estuary Program, is studying and pursuing eelgrass restoration using seed-based techniques rather than adult shoot transplanting. As part of this project, in partnership with Massachusetts Department of Marine Fisheries (DMF),MassBays is conducting limited collections of flowering shoots from eelgrass beds across the Massachusetts coastline to study reproductive maturity and seed quality. Massbays is proposing to make these collections from the eelgrass beds off of West Beach in Beverly. The proposed work will involve scuba divers manually collecting approximately 2 to 5 flowering eelgrass shoots per visit,with up to 10 visits total during 2024 and 2025. 7 City of Beverly Conservation Commission August 6,2024 Meeting Minutes Page 8 of 10 Carr shows maps of the proposed collection areas, clarifying that this work does not involve killing the plants,just plucking shoots from the plants. There will be no digging or disturbance to the sediment. Carr clarifies that MassBays has already started collections at other sites beginning on July 1, 2024, and they intend to begin collection at West Beach as soon as the project is approved. Carr explains that other surrounding towns have not required filings for this scope of work. In response to questions about the use of anchors, Carr explains that MassBays intends to follow the practice of live boating, to avoid the risk of disturbing the eelgrass or harming other divers. MassBays staff will drop a buoy with a weight attached to a rope,which the divers will use to travel by boat to the collection site. The buoy and all other materials will be removed after the dive is complete. Can confirms that the divers will take photo documentation, to keep track of the shoots that have been removed and confirm their work has not impacted the harvesting seeds. Berton inquires about informing the Harbormaster, and Carr explains that the Harbormasters do not typically ask for notification before MassBays goes in to collect samples. Bertoni comments that the Commission would appreciate MassBays keeping Spidaliere informed of the timing of the collections, in case he receives questions from members of the public. Squibb: Motion to issue a Negative 2 Determination under the Wetlands Protection Act and the Beverly Wetlands Ordinance,with conditions as discussed. Buchsbaum seconds. Bertoni takes a roll call vote. Motion carries (6-0). g) New: 613 Essex Street—Install above-ground pool—Kevin&Jane Henebury Spidaliere reads the legal notice. Jay Henshall,Project Manager from Gibraltar Pools, is present on behalf of the applicant. The proposed work is for the installation of a 512 square foot above-ground pool with a cantilevered safety walk-around. Henshall explains that this project will require the removal of sod and slight grading of 6-8 inches with a Bobcat. This remainder of the work will only require the use of hand tools for assembly. Henshall proposes to use a green friendly cartridge filtration system, so there should be no back washing of treated water onto the property. The proposed pool will be roughly 70 feet away from the edge of BVW and separated by a fence. Henshall confirms that there is no timber involved in the project. The pool will be constructed on the ground on top of mason sand. In response to questions about the Bobcat, Henshall explains that it can be wheeled in through a gate to the property. Bertoni asks about pool water chlorination and Henshall says the homeowners will have options that include using chlorine or an oxygenation system. Henshall states he does not believe the installation of the pool will interfere with existing drainage from the house's roof runoff. Buchsbaum: Motion to issue a Negative 3 Determination under the Wetlands Protection Act and the Beverly Wetlands Ordinance,with conditions as discussed. Redmond seconds. Bertoni takes a roll call vote. Motion carries (6-0). 6) Enforcement Matters/Potential Violations 8 City of Beverly Conservation Commission August 6,2024 Meeting Minutes Page 9 of 10 a) Potential Violations i) New: 114 Livingstone Avenue—Brian Marks Spidaliere was contacted by an abutter expressing concerns that the property owner disturbed the lot by running an electric connection underground within the 100-foot buffer zone to BVW and an Intermittent Stream. Spidaliere sent a potential violation notice to the applicant on July 18,2024, requesting that the applicant participate in today's meeting to discuss the work and any need for corrective actions. In response, Marshall Handly, attorney for the applicant,provided the Commission with a plan showing that an electrical conduit was run underground as part of the paving completed at the end of Livingstone Ave. Handly states that only a conduit was installed,not an actual electrical connection. Handly shows a site plan indicating that the electrical trench is located just outside the buffer zone. Spidaliere explains that he also received a notification letter from Handly of the applicant's appeal to MassDEP regarding the Commission's issuance of a Positive 1 & 5 DOA on July 17, 2024. The Commission agrees to continue this matter until after the appeal has been resolved. 7) Old/New/Other Business a) Expenditure Approvals i. Conservation Agent July mileage-$8.25 ii. Conservation Field Inspector July mileage -$26.29 Redmond: Motion to approve the Conservation Agent mileage reimbursement in the amount of$8.25 and Conservation Field Inspector mileage reimbursement in the amount of$26.29. Buchsbaum seconds. Motion carries (6-0). 8) Orders of conditions,if any a) 17 Wirling Drive,DEP File#5-1426—Addition to single family house—Michael Contilli 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. All areas disturbed during construction shall be immediately stabilized against erosion and revegetated with appropriate fast growing erosion control species or native plants. 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 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. 6. Crushed stone shall be placed beneath the deck and the elevated addition. 9 City of Beverly Conservation Commission August 6,2024 Meeting Minutes Page 10 of 10 7. There shall be no storage of materials,including but not limited to furniture or equipment, beneath the deck. Duffy: Motion to issue an Order of Conditions for 17 Wirling Drive, DEP File#5- 1426 including general, special, and standard perpetual conditions under the Wetlands Protection Act and the Beverly Wetlands Ordinance as discussed. Buchsbaum seconds. Bertoni takes a roll call vote. Motion carries (6-0). 9) Approval of minutes b) July 16,2024 The Commissioners review and offer edits to the July 16,2024 draft meeting minutes. Buchsbaum: Motion to accept the July 16, 2024 meeting minutes as amended. Duffy seconds. Bertoni takes a roll call vote. Motion carries (6-0). The Commissioners discuss the amount of time devoted to public comment and note that there were several helpful,well-informed public comments at this meeting. The Commissioners discuss coordination with the Beverly DPS regarding the proposed Beach Management Plan and the procedure for recommending minor edits to the Plan. 10)Adjournment Redmond: Motion to adjourn. Buchsbaum seconds. Bertoni takes a roll call vote. Motion carries (6-0). Meeting adjourns at 9:45p.m. The next regular meeting of the Conservation Commission is scheduled for Tuesday,August 27, 2024, at 6:30 p.m. 10