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10_15_2024 Cons Com Minutes - final City of Beverly Conservation Commission October 15, 2024 Meeting Minutes Page 1 of 10 CITY OF BEVERLY PUBLIC MEETING MINUTES BOARD OR COMMISSION: City of Beverly Conservation Commission DATE: October 15, 2024 LOCATION: Virtual via Google Meet MEMBERS PRESENT: Chair Christine Bertoni, Tara Duffy, Grace Charles, William Squibb MEMBERS ABSENT: Vice Chair Amber Redmond, Robert Buchsbaum 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 CO VID-19. 2) Certificates of Compliance/Minor Modifications/Extensions/Tree Removals/Emergency Certifications a) Tree Removals i) New: 93 Hale Street—Remove 4 locust trees —Luana Little Homeowner Luana Little is present and explains that she is requesting approval to remove 4 black locust trees located on her property very close to Dane Street Beach at the top of a coastal bank. These trees have rotting trunks, are leaning toward the beach, and pose a danger to beach goers. Little adds that one locust tree has already fallen and is now lying on the beach. Field Inspector White confirms that he conducted a site visit on September 21, 2024. White states that he agrees that the trees pose a danger and could fall onto a portion Dane Street Beach. Spidaliere shows photographs of the trees and surrounding area. Little states her understanding that Iron Tree plans to access the trees from Dane Street Beach, as their cranes will not be able to reach the trees from Little's property. Iron Tree has indicated they will communicate with the City of Beverly about accessing a portion of the public beach. Bertoni and Duffy note the importance of ensuring that this work is performed in a manner that protects the beach and maintains the stability of the coastal bank. The Commissioners decide that before moving forward with a tree removal permit, more information is needed regarding the beach access plan, equipment that Iron Tree plans to use, and confirmation that the City has given permission for access to Dane Street Beach. Charles: Motion to continue the tree removal request to the November 6, 2024 meeting. Duffy seconds. Bertoni takes a roll call vote. Motion carries (4-0). b) Conservation Restrictions i) Cont.: Moraine Farm —City of Beverly 1 City of Beverly Conservation Commission October 15, 2024 Meeting Minutes Page 2 of 10 Darlene Wynne, Director of Planning for the City of Beverly, is present. At the April 2, 2024 meeting, the Commission approved a revised version of this Conservation Restriction (CR) for Moraine Farm before it was sent to the State for approval. Wynne explains that the CR has since been approved by the State, and the City is now seeking the Commission's approval and signatures for the final CR and Baseline Report. Wynne explains that since the Commission is the signatory and holder of the CR, the Commissioners need to approve and sign the CR. The Commissioners and Wynne discuss what to do about the signatures, since two Commissioners are not present for this meeting. Olivia Lukacic from the Trustees of Reservations explains that the signatures need to be "wet ink" signatures, and requests that each Commissioner come to Beverly City Hall to sign the CR. Squibb: Motion to approve the final Conservation Restriction for Moraine Farm. Charles seconds. Bertoni takes a roll call vote. Motion carries (4-0). 3) Recess for public hearings Duffy: Motion to recess for public hearings. Charles seconds. Bertoni takes a roll call vote. Motion carries (4-0) 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 shares an update from Eric Barber of the Beverly Department of Public Services that the Commissioner of Public Services has not been available to approve the latest round of edits to the Beach Management Plan (BMP)that the Commission requested. Because these edits have not yet been completed, Barber is requesting a continuance to the next meeting. The Commissioners decide to continue this matter and discuss the possibility of scheduling a special meeting of the Commission to focus on the City BMP. Spidaliere states that Barber has expressed openness to participate in a special meeting. Charles: Motion to continue the hearing to the November 6, 2024 meeting. Duffy seconds. Bertoni takes a roll call vote. Motion carries (4-0). b) Cont.: 5 Curtis Point, DEP File#5-1427— Seawall bulkhead—Carmen L. Pope Trust Spidaliere explains that the applicant is requesting a continuance for this application. The Massachusetts Office of Coastal Zone Management(CZM) submitted comments to the Commission stating that they concur with the comments from MassDEP, which state that the proposed work is not permittable and the applicant should consider a softer solution. 2 City of Beverly Conservation Commission October 15, 2024 Meeting Minutes Page 3 of 10 Duffy: Motion to continue the hearing to the November 6, 2024 meeting. Charles seconds. Bertoni takes a roll call vote. Motion carries (4-0). c) New: 0 Trask Lane, DEP File#5-1428 —Construction of 6 residential apartment buildings and associated infrastructure—Corcoran Trask Lane LLC Spidaliere reads the legal notice. Miranda Siemasko, attorney for the applicant, is present on behalf of this applicant. Siemasko explains that this is an approximately 77-acre site located in a neighborhood where high-density residential use is allowed, and that the project complies with applicable zoning requirements. The applicant's plan will maintain approximately 64 acres of the site as mostly undisturbed, by clustering the development into two areas with a total of 6 buildings with 440 units and 882 parking spaces. Associated infrastructure includes the extension of the existing Trask Lane. Siemasko adds that this project is simultaneously before the Beverly Planning Board and is subject to Massachusetts Environmental Policy Act(MEPA) review, as well as review by Mass DOT. Joe Peznola from Hancock Associates, the lead civil engineers for the project, shares a site map showing the proposed work at 0 Trask Lane. Peznola describes 4 distinct site areas: Site Al will have 4 buildings, Site A2 will have a 2-level parking deck, Site B 1 will have 2 buildings on an extended portion of Trask Lane, and Site B2 will have a surface parking lot. Peznola explains that the Commission previously issued an ORAD confirming that IVW and BVW are present on the site. The BVW is located to the north of the surface parking lot and the site plan includes subsurface stormwater work between the 25-foot No-Disturb Zone (NDZ) and the 50-foot No-Build Zone (NBZ). Peznola explains that the proposed construction includes paved parking spaces, a sidewalk, and a retaining wall within the NBZ. Peznola identifies a gravel road that loops up to an existing water tower and explains that the Beverly Planning Board has approved a subdivision to extend Trask Lane with a sidewalk on one side. There is an existing culverted crossing on the gravel drive. The culvert will need to be lengthened to for the sidewalk extension, which will result in some temporary wetland impacts to BVW of 345 square feet during construction. Peznola adds that Hancock conducted extensive soil testing and found a great deal of ledge in the soil. Peznola states that they understand the flow of surface water and groundwater through the site to the wetlands areas, and their plan is to treat the stormwater and recharge it back into the ground to mimic rainfall, using 9 separate subsurface infiltration systems spread throughout the site. In response to questions about runoff mitigation, Peznola clarifies that they will install a sediment and erosion control barrier before any other work is done in the area. Hancock will then perform minimal vegetation removal along the retaining wall lines and begin installation of the wall to keep sediment out of the resource areas. Bertoni points out that the applicant's filing does not address the amended ORAD and may not contain the latest version of the wetlands flagging. Peznola states his belief that Hancock is using the amended plans and agrees to verify this. 3 City of Beverly Conservation Commission October 15, 2024 Meeting Minutes Page 4 of 10 Charles inquires about the mitigation plan for the work in the NBZ and NDZ. David Cowell, Senior Wetlands Scientist for Hancock, explains that the applicant has submitted a wetland replication plan which maintains no less than the requisite 2:1 ratio replication area. Cowell explains that the mitigation plans include removing trash and debris from the wetlands, removing invasive species, and planting native species, including nursery and seed mixes, to increase species diversity. Bertoni asks whether the applicant has considered options for wetland replication, as opposed to restoration. Cowell states that they intend to provide more specific plans related to planting and invasive species removal after receiving feedback from the Commission about their proposal. Bertoni replies that the Commission will need more detailed planting plans before considering the waiver request for work in local buffer zones. Bertoni opens this matter for public comment. Patrick Knight, 4 Duck Pond Road, shares concerns about stormwater drainage, noting that his property is downhill from the applicant's property. Knight also states that he does not see any indication in the proposed plans of an active stream that runs on the left side of Cherry Hill Condominiums and underneath the golf course. Peznola states that he will look into the stream and acknowledges that it is the applicant's responsibility to control stormwater on the site. Thomas McDonald, 4 Radcliffe Road, expresses concern about oil residue from the vehicles traveling near the wetlands and about light pollution from the parking lot. McDonald asks what will happen if the stormwater systems break down and states he would like more information about how much of the forest will be cut down as part of this project. Peznola acknowledges that oil residue is an important concern and states that the proposed treatment systems are designed to deal with this issue, above and beyond the legal requirements. Peznola explains that Hancock is looking into how to address concerns about phosphorous in runoff, and states that a project of this size will require constant maintenance, which will be handled by a management company that will file regular reports with the City. Peznola states that the applicant's goal is to minimize and limit tree removals to the proposed development area, which they are trying to keep as compact as possible. The Commissioners schedule a site visit for October 26, 2024 at 8:00am. Bertoni proposes an independent peer review paid by the applicant to review the NOI and stormwater report, considering that this is a complex project with multiple potential wetlands impacts. Siemasko states that the applicant has no objection to this, and asks to be kept in the loop on the ensuing peer review scheduling and planning. Charles: Motion to continue the hearing to the November 6, 2024 meeting. Duffy seconds. Bertoni takes a roll call vote. Motion carries (4-0). d) New: 68 Paine Avenue, DEP File#5-1429—Demo portion of existing home and build new home further from water— Christopher Velonis 4 City of Beverly Conservation Commission October 15, 2024 Meeting Minutes Page 5 of 10 Spidaliere reads the legal notice. Spidaliere explains that the applicant is requesting a continuance and has asked for the Commission to schedule a site visit. The Commissioners agree to the continuance, but decline to schedule a site visit at this time. Duffy: Motion to continue the hearing to the November 6, 2024 meeting. Charles seconds. Bertoni takes a roll call vote. Motion carries (4-0). 5) Reconvene Regular Meeting Duffy: Motion to reconvene the regular meeting. Charles seconds. Bertoni takes a roll call vote. Motion carries (4-0). 6) Requests for Determination of Applicability a) Cont.: 36 Cole Street—Install above-ground pool —Bruce & Johanna Johnson The applicants are not present at the meeting. Spidaliere states he has made multiple attempts by phone and email to reach the applicants, which have gone unanswered. Bertoni expresses uncertainty about how to proceed, considering that this request has been continued four times and the Commission does not have enough information to make a determination. Inspector White offers to conduct a site visit to verify that no work has been completed. Squibb: Motion to continue to the November 6, 2024 meeting. Charles seconds. Bertoni takes a roll call vote. Motion carries (4-0). b) Cont.: 6 Evelyn Road—Removal of 11 trees —Michael and Sheila Driscoll Homeowners Michael and Sheila Driscoll are present. The Commissioners conducted a site visit on October 5, 2024. Based on the Commission's recommendations during the site visit, the applicants submitted a revised request to include a driveway extension, the construction of a prebuilt shed on the property, and the planting of 15 highbush blueberry shrubs along the edge of the property to replace the 11 trees. The Driscolls explain that they know they will need a building permit before they can move forward with building the shed. Bertoni reads the following proposed conditions: 1. Tree removal shall be conducted via hand tools and/or all heavy equipment shall be operated from paved surfaces only. 2. Trees shall be cut flush to grade. 3. Removal or grinding of the roots or stump is prohibited. 4. All cut materials shall be removed for appropriate off-site disposal, unless approved by the Conservation Agent or Commission. 5. A spill kit shall be located on site during the work. 6. Disturbed areas shall be kept to a minimum and vegetative stabilization of these areas shall occur as soon as possible. 5 City of Beverly Conservation Commission October 15, 2024 Meeting Minutes Page 6 of 10 7. Mitigation plantings shall exhibit 75% survivorship for not less than two growing seasons after their installation. Charles: Motion to issue a Negative 3 Determination of Applicability under the Wetlands Protection Act and Beverly's Wetlands Protection Ordinance, with the conditions as discussed. Duffy seconds. Bertoni takes a roll call vote. Motion carries (4-0). c) New: 772 Hale Street—Install a carport over portion of existing driveway —Jake Cavanaugh Spidaliere reads the legal notice. Property owner Jake Cavanaugh is present and explains that the proposed work will take place within the 200-foot Riverfront Area. The proposed carport will be open walled and built on 4 sonotube posts with concrete footings and will be constructed on an existing (and expanded) asphalt driveway. Cavanaugh explains that there is a house separating his property from the stream and he estimates his driveway is around 75 feet from the stream. In response to questions from the Commissioners, Cavanaugh states he has hired a contractor to complete this work. Cavanaugh states that he is unsure of the type of equipment the contractor plans to use to complete this work. In response to questions about stormwater runoff, Cavanaugh states that he plans to add gravel along the edge of the existing retaining wall to infiltrate stormwater. Cavanaugh states that he plans to install asphalt, not concrete on the driveway, although the plan submitted to the Commission describes a"slab". Bertoni and Squibb express concern about erosion control and stormwater runoff. Cavanaugh clarifies that there is currently a retaining wall on the property, that the current driveway slopes toward the street, and that he does not plan to alter the slope. Duffy suggests that this matter be continued so the applicant can add more detailed information to the proposal. The Commissioners explain that the type of information they need includes clarification about whether asphalt or concrete will be used for paving, whether this project will require the use of heavy equipment, information about the gravel infiltration trench, and whether this project will include any grading. Duffy: Motion to continue to the November 6, 2024 meeting. Charles seconds. Bertoni takes a roll call vote. Motion carries (4-0). 7) Enforcement Matters/Potential Violations a) Enforcement Orders i) Cont.: 342 Old Essex Road—Klaudio Boka Property owner Klaudio Boka is present to speak about this Enforcement Order(EO). At the June 24, 2024 meeting, the Commission voted to amend the EO to require the applicant to submit a restoration plan by October 8, 2024 and to attend the October 15, 2024 meeting to discuss the plan. Boka explains that Inspector White conducted a site visit on October 3, 2024. He explains that it is a financial hardship to conduct future remediation work, states he is concerned about protecting the foundation of the home from further erosion and expresses a desire to leave in place the retaining wall 6 City of Beverly Conservation Commission October 15, 2024 Meeting Minutes Page 7 of 10 closest to the house. White states that he did visit the site and expresses that he understands that Boka's primary purpose was to protect the retaining wall, but clarifies that he cannot speak to the regulatory requirements. In response to questions about whether another site visit would be helpful, White explains that the main benefit to a site visit would be to understand the topography and hydro flow on the property. Spidaliere explains that MassDEP comments have clearly indicated that they will not allow any of the walls to remain in place as they currently are, noting that MassDEP has the authority to supersede a determination by the Commission. Bertoni explains that ultimately the Commission is unable to get any of the existing walls permitted. Squibb suggests that Boka remove all the walls and return the property to its previous state, and Boka agrees that he can do so. Bertoni and Squibb express concern that removing the walls may further disturb the area and cause more erosion and instability on the bank. White explains that the site visit showed that there has been substantial vegetative growth around the walls, which will have to be removed in order for Boka to remove the walls. Duffy explains that the Commission needs a more concrete proposal from Boka detailing the actions he plans to take and the amount of time he needs to do it, so that the Commission can make a well- informed decision. Boka agrees to work with Spidaliere to prepare this information. The Commissioners decide not to schedule a site visit until after the applicant has submitted a restoration plan. No vote is necessary at this time as the EO issued on September 25, 2024 required the submission of a restoration plan by December 10, 2024 and for Boka to attend the December 17, 2024 meeting. ii) Cont.: 11 & 13 Bay View Avenue—Kenyon & Amanda Kellogg Bob Griffin of Griffin Engineering is present on behalf of the property owners. At the June 24, 2024 meeting, the Commission asked Griffin to attend today's meeting to provide an update on the dune grass plantings as part of the previously submitted restoration plan. Griffin shows photographs of the property and explains that the plantings are generally doing well. Griffin explains that the restoration plan requires additional dune grass planting before the end of November, and the Kelloggs have agreed to do so. Griffin states that he plans to attend the December 17, 2024 meeting to provide an update on the plantings. Bertoni asks whether the Kelloggs plan to keep barrier fencing on the property while the dune grass plantings take hold. Griffin explains that part of the wooden slat fencing has been removed and replaced by a rope with a sign indicating a dune grass restoration area. The Kelloggs intend to keep the rope and sign, as these have been effective at keeping trespassers out. Griffin agrees that the extra slat fencing which is no longer being used should be removed from the flood zone. No vote is necessary at this time as the EO issued on May 15, 2024 required that the restoration plan be implemented by November 30, 2024 and that the property owner or representative attend the December 17, 2024 meeting to report on the implementation. 7 City of Beverly Conservation Commission October 15, 2024 Meeting Minutes Page 8 of 10 iii) New: 23 Thoreau Circle—Robert Pemberton Property owner Robert Pemberton is present to discuss this EO for the removal of trees and vegetation over a 50-foot corridor within BVW and buffer zones. Spidaliere explains that he received an email from an abutter that trees and brush were being removed methodically over a 50-foot corridor. Spidaliere explains that Inspector White visited the site, confirmed that trees and brush were being removed by a crew, and spoke with the property owner who indicated he was unaware of the extent of clearing that the crew would be doing. Pemberton states that he purchased the property 1.5 years ago, and he has not yet moved into the home as renovations are ongoing. Pemberton explains that he runs a painting company and asked his painting crew to clear some of the dead grass and he was unaware that the area they were clearing was within Conservation Commission jurisdiction. Pemberton expresses remorse for this oversight and explains he would like to hire a wetlands scientist to delineate the wetlands on site so that something like this never happens again. Pemberton clarifies that he has made his crew aware that they should not have done the clearing. White states he has visited the site and found it to be stable. White shares his opinion that this was clearly a misunderstanding of jurisdictional areas. Bertoni discusses amending the EO to require the submittal of a restoration plan for the area of the property where the clearing occurred. Duffy: Motion to amend the Enforcement Order to include the filing of a restoration plan by December 10, 2024 to be discussed at the December 17, 2024 meeting. Charles seconds. Bertoni takes a roll call vote. Motion carries (4-0). b) Potential Violations i) Cont.: 16 Pond View Lane—Alex and Stella Wang Property owners Alex and Stella Wang are present. This potential violation is for an unpermitted stone retaining wall that was installed on the bank of an intermittent stream and a patio that appears to be within the buffer zone to the bank. The Commission visited the site on September 28, 2024. At the visit, Bertoni noted that the hand-built stone landscaping walls are on a steep slope and well above the intermittent stream. The property owners explain that they plan to reach out to a list of wetlands scientists and that they have informed their HOA of the potential violation. Bertoni shares her opinion that this work would probably have been permitted if the property owners had sought approval from the Commission before building. Bertoni suggests that the property owners work with a wetlands scientist to create a plan for the Commission's approval ahead of filing an after- the-fact RDA or NOI, and that this be submitted to the Commission by December 10, 2024. 8 City of Beverly Conservation Commission October 15, 2024 Meeting Minutes Page 9 of 10 Bertoni asks whether the dirt in the area where Stella's father recently placed stones is stable and whether erosion control is needed. Stella agrees that she will take a look at the area. If it appears that sediment is running off into the intermittent stream, Bertoni recommends that the property owners pursue erosion control measures, such as adding coir logs. ii) Cont.: 18 Brimbal Avenue—Kathleen Downey Bob Griffin speaks on behalf of property owner Kathleen Downey. 13 trees were taken down on the property for the installation of solar panels, 11 of which the Commission has determined are under the Commission's jurisdiction. The Commission sent a potential violation notice for the unpermitted removal of the trees. Griffin shows site plans and explains that 3 of the removed trees were within the NDZ, 6 were within the NBZ, and 4 were within the 100-foot buffer zone to IVW. Griffin explains that Downey plans to install 8 trees of 4 different species in the backyard. Griffin states his belief that these trees would do well on the property and would not grow so tall as to interfere with the solar panels in the future. Duffy asks whether trees could be added closer to the wetlands that would be wetland species, considering that some of the trees were removed from a relatively wet area. Griffin points out that there is already a wetland replication plan to install shrubs in that area. Griffin proposes that 3 additional dogwoods could be planted in the area closer to the wetlands. The Commissioners discuss issuing an EO as opposed to an amendment or minor modification to the OOC that was issued for construction on the property in August of 2024. Griffin recommends allowing the homeowner to request a minor modification. The Commissioners decide to allow the homeowner to submit a minor modification request. The Commissioners clarify that they retain the option to issue an Enforcement Order if the modification request is not submitted in advance of the next meeting on November 6, 2024. 8) Old/New/Other Business a) Commission Business, correspondence, and other matters i) New: 184 & 186 Hart Street—Comments for Planning Board on OSRD Spidaliere explains that the Planning Board received an Open Space Residential Design (OSRD) Site Plan application for the development of 184 and 186 Hart Street. The Planning Board has requested comments from the Commission on the proposed Yield Plan, including whether the Commission would require any permits or waivers. Bertoni and Spidaliere share their understanding that some portion of both the Yield Plan and the Concept Plans are within the Commission's jurisdiction. The Commissioners review site plans and discuss the details and merits of the different plan options. Duffy asks whether the Commission should choose the plan with the least footprint onto the buffer zones. Spidaliere clarifies that Concept Plans A and C encroach somewhat into the 50-foot NBZ, but Plan B does not. Bertoni notes that the Preferred Concept Plan C would keep the land abutting a swath of Conservation Restriction land free from houses or traffic. Bertoni expresses concern that some of the plans would construct buildings between the ponds on site and the Conservation Restriction land. 9 City of Beverly Conservation Commission October 15, 2024 Meeting Minutes Page 10 of 10 The Commissioners decide to notify the Planning Board that Concept Plans A and C are both acceptable, noting that it is a close call between these two plans. b) Expenditure Approvals i. Conservation Agent September mileage - $17.22 ii. Conservation Field Inspector September mileage - $16.62 iii. MACC annual conference reimbursement for Amber Redmond- $135.00 Duffy: Motion to approve the September Conservation Agent mileage reimbursement of$17.22, the September Conservation Field Inspector mileage reimbursement of$16.62, and the MACC fall conference for Redmond in the amount of$135. Charles seconds. Bertoni takes a roll call vote. Motion carries (4-0). 9) Approval of Minutes a) September 24, 2024 The Commissioners review and offer edits to the September 24, 2024 draft meeting minutes. Duffy: Motion to accept the September 24, 2024 meeting minutes as amended. Charles seconds. Bertoni takes a roll call vote. Motion carries (4-0). 10) Adjournment Duffy: Motion to adjourn. Charles seconds. Bertoni takes a roll call vote. Motion carries (4-0). Meeting adjourns at 10:25p.m. The next regular meeting of the Conservation Commission is scheduled for Wednesday, November 6, 2024 at 6:30p.m. 10