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11_06_2024 Cons Com Minutes - final City of Beverly Conservation Commission November 6,2024 Meeting Minutes Page 1 of 14 CITY OF BEVERLY PUBLIC MEETING MINUTES BOARD OR COMMISSION: City of Beverly Conservation Commission DATE: November 6, 2024 LOCATION: Virtual via Google Meet MEMBERS PRESENT: Chair Christine Bertoni, Vice Chair Amber Redmond, Robert Buchsbaum, Grace Charles, William Squibb, Tara Duffy (arrived late) 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) Certificates of Compliance/Minor Modifications/Extensions/Tree Removals/Emergency Certifications a) Certificates of Compliance i) New: 400 Hale Street,DEP File #5-1419 Tim Grant from Meridian Associates is present on behalf of Endicott College. An Order of Conditions (OOC)was issued on May 15, 2024 for the replacement and cleaning of an existing outfall pipe that leads into Upper Endicott Pond. Grant explains that Inspector White conducted a site visit and confirmed that surrounding vegetation is growing back in sufficiently and the site is stable. Grant shares a site plan and explains that the work was completed in compliance with the approved plan,with one deviation: The contractor installed a concrete headwall at the end of the outfall to assist in reducing the chance of erosion and further deterioration of the surrounding area. Grant acknowledges that this deviation was not discussed with the Commission in advance, but states that it was discussed with White on site prior to the headwall's construction. Bertoni asks if the headwall is expected to cause any environmental impact to the wetlands, and Grant states that it will not, adding that the headwall takes up about 10 square feet of area within the buffer zone. Commissioners Berton, Buchsbaum, and Squibb state that the applicant's proper course would have been to file a for a minor modification to the OOC before moving forward with this deviation. Berton explains that the Commission is the body with authority to approve deviations, and that the Field Inspector does not have the authority to approve a deviation on site. The Commissioners decide not to require the applicant to file a retroactive request for a minor modification, acknowledging that the deviation is minor and does not seem to alter the project's environmental impact. Conservation Agent Spidaliere confirms that White conducted a site visit on October 23, 2024, confirming that all other work was completed in compliance with the approved plan and that the site 1 City of Beverly Conservation Commission November 6,2024 Meeting Minutes Page 2 of 14 appeared stable. Buchsbaum: Motion to issue a complete Certificate of Compliance under the Wetlands Protection Act and Beverly's Wetlands Protection Ordinance for 400 Hale Street, DEP File 45-1419, including the deviation discussed in this meeting. Redmond seconds. Bertoni takes a roll call vote. Motion carries (5-0). ii) New: 54 South Terrace,DEP File#5-1256 Bob Griffin of Griffin Engineering is present on behalf of the property owner. The Commission issued an OOC on January 31, 2019 for the replacement of a failing timber seawall with a concrete retaining wall, deck expansion, installation of two helical anchors to secure a terminal float, and mitigation plantings. Griffin shares site plans and photographs and explains that the work was completed in compliance with the approved plan with the following deviations: • Portions of the seawall were constructed up to 1.5 feet higher than on plans and steps added to lower garage level to accommodate the wall grades. Griffin explains that after beginning construction, the contractor determined that the concrete blocks could be set without needing to cast a layer of concrete underneath as originally planned. Griffin states that omitting this step was beneficial as it allowed the work to go faster with less disturbance to the shoreline. • The existing timber retaining walls on the upper coastal bank were damaged during construction and needed to be replaced with 2-foot tall concrete block landscape walls. Griffin states that the purpose of this deviation was to stabilize the bank and allow for landscaping work to occur. • Steppingstones of bluestone and granite were added to the upper bank through the mitigation plantings, to make it safer for people to walk up and down the hill. Griffin clarifies that this deviation did not involve bringing in fill. • Mitigation plantings on the lawn were significantly expanded. Griffin confirms that these are native plantings, which were placed upland along the new landscaping walls. Griffin states that the plantings look excellent. Berton asks why the applicant chose to raise the seawall without filing for a minor modification with the Commission. Griffin explains that he did not know about this deviation at the time, and agrees that a minor modification would have been appropriate. Bertoni asks about the configuration of anchors on the site, noting that the approved plan involved installation of 2 helical anchors and the removal of at least one anchor. Griffin states that the 2 helical anchors were not installed, the existing anchor was not removed, and the existing gangway and float remain. Bertoni points out that the as-built site plan shows 6 or 7 anchors attached to boulders. Griffin explains that these anchors predate the approved plan and acknowledges that they were probably moved from their previous positions and attached to nearby boulders. Bertoni asks if the applicant possesses a Ch 91 license, and if so whether it will need to be modified to reflect the deviations. Griffin confirms that the applicant does have a Ch 91 license, but explains that since the environmental footprint is unchanged the license will not be affected by the deviations. 2 City of Beverly Conservation Commission November 6,2024 Meeting Minutes Page 3 of 14 Buchsbaum states his opinion that the proper protocol would have been to file for an amendment or minor modification to OOC, noting that these additional deviations seem to be significant alterations. The Commissioners discuss the options for the Commission to retroactively permit the new deviations. Berton states that she is not willing to grant a complete COC until a process has been established for the Commission to review and approve each deviation. White states that he conducted a site visit on November 1, 2024 and that the site appeared stable and well developed. Griffin confirms that this project included the installation of irrigation. Bertoni asks whether the irrigation amounts to another deviation from the approved plan. Griffin replies that he does not believe so, noting that there has been irrigation on this property for a long time. Redmond: Motion to issue a Certificate of Compliance under the Wetlands Protection Act and the Beverly's Wetlands Protection Ordinance for 54 South Terrace, DEP File #5-1256,including the deviations discussed in this meeting. Charles seconds. Bertoni takes a roll call vote. Motion does not carry (3-2, Buchsbaum and Squibb vote no. Four votes for are required for a quorum). Berton explains that the COC request is denied and advises that the applicant submit a Minor Modification request to the Commission for the deviations discussed in this meeting. iii) New: 43 Haven Way,DEP File #5-1385 Tim Grant from Meridian Associates is present on behalf of the property owner. The Commission issued an OOC on March 20, 2023 for the replacement of a swimming pool, shed, and fence, and the construction of a pergola with a retaining wall. A minor modification was issued on April 3, 2024 for an increase in the pool patio area by 310 square feet. Grant shares a site plan and explains that the work was done in compliance with the approved plan with a few deviations, including: • The pervious paver patio was constructed 200 square feet larger than the proposed 1,085 square foot patio, with an as-built area of approximately 1,285. • A small two-foot retaining wall was built on the south side of the pool and patio. The approved plan called for this area to be graded off at a 4-to-1 off slope. • A 1,090 square foot lawn area, located to the east of the pool within the 200-foot Riverfront Area(RA), was enclosed within the fence line. The approved plan called for this lawn area to be located outside of the fence line. Grant clarifies about the dimensions of the patio, explaining that the applicant's contractor added a 200 square foot area of patio pavers, in addition to the 310 square foot expansion that the Commission already approved as a minor modification. Buchsbaum states his opinion that an amendment or minor modification should have been brought before the Commission for this deviation, which is not insignificant. Duffy joins the meeting. 3 City of Beverly Conservation Commission November 6,2024 Meeting Minutes Page 4 of 14 Bertoni asks if the pavers are pervious and Grant confirms that they are. Grant states that when he walked the site with White on November 1, 2024,he did not notice any issues with runoff causing scour. In response to questions about the retaining wall, Grant explains that he was not on site during the wall's construction, but he believes that the wall was placed up against the patio and that no fill was brought in. Bertoni states her opinion that the additional patio area and retaining wall should have been brought before the Commission as a minor modification, and that she believes the Commission would have approved it. Squibb raises the question of whether the deviations for this project should be treated similarly to the deviations at 54 South Terrace. Bertoni notes that, in contrast to 54 South Terrace, the deviations for this property do not involve a seawall modification and the construction only extends into the outer part of the 200-foot RA. Buchsbaum: Motion to issue a complete Certificate of Compliance under the Wetlands Protection Act and Beverly's Wetlands Protection Ordinance for 43 Haven Way, DEP File 45-1385, including the deviations discussed in this meeting. Charles seconds. Bertoni takes a roll call vote. Motion carries (4-1-1, Buchsbaum votes no). Duffy abstains. Bertoni notes that the last three applications involved deviations that were made without first consulting with the Commission or the Conservation Agent. The Commissioners discuss the need to strengthen the existing language in the standard perpetual conditions, to make it clear that applicants are required to come before the Commission before moving forward with any deviations from an approved plan. Bertoni adds that deviations may not be approved in the field unless there is an emergency, and in case of an emergency the applicant is still required to appear before the Commission to request retroactive approval for deviations. b) Tree Removals i) Cont.: 93 Hale Street—Remove 4 locust trees —Luana Little Francesca Little, daughter of the property owner, is present on behalf of the property owner. Little explains that she was told someone from Iron Tree would be present on the call since her mother is unable to attend, and that she does not have detailed information about the tree removal plans. Agent Spidaliere explains that at the meeting on October 15, 2024, the Commissioners requested additional information about how the crane Iron Tree plans to use will access the public beach and whether they have permission to do so. Spidaliere states that Iron Tree confirmed that the City of Beverly has given approval for staging the crane on a portion of Dane Street Beach. Spidaliere adds that he reached out to the City Arborist and Director of Parks & Recreation to confirm this. Squibb and Bertoni express that the tree which has already fallen on the beach should be removed. Buchsbaum states that he believes the fallen tree is located on the public beach. Little states her belief that the fallen tree is on private land owned by the Littles and that they consider it their responsibility 4 City of Beverly Conservation Commission November 6,2024 Meeting Minutes Page 5 of 14 to remove it. Bertoni requests that the Littles make sure they have approval from the City before removing any tree debris, and Little agrees to do so. The Commissioners and staff discuss the following 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 stumps is prohibited; 4. All cut materials shall be removed for appropriate off-site disposal; 5. A spill kit shall be located on site during the work; 6. Mats shall be laid down for vehicle access to the beach; 7. Work shall be done at mid or low tide; 8. Any alterations to the beach as a result of this work shall be repaired to original condition. Luana Little,property owner, enters the meeting and explains that Iron Tree told her they plan to leave the crane by the bath house and bring a smaller vehicle down to the beach. The plan is for Iron Tree staff to climb the trees to remove the tree tops, after which the smaller vehicle will haul the tree trunks up to the crane. Luana Little explains that after the tree removal is finished, she plans to have a mason come in to properly cement the wall separating her property from the public beach. Bertoni states that Little will need to obtain approval from the Commission before doing so. Duffy: Motion to issue a tree removal permit for 93 Hale Street,with the conditions discussed. Redmond seconds. Bertoni takes a roll call vote. Motion carries (6-0). c) Minor Modifications i) New: 24 Pickman Road—DEP File #5-1420 Katie Umile, property owner, is present. An OOC was issued on June 5, 2024 for home renovations and additions to a single-family house, including the removal of the back decks, adding living space to the current house footprint, and the addition of an exterior deck. Umile explains that during the initial stages of construction, her contractor uncovered substantial structural issues with the existing foundation. The foundation did not have a footing, so it was not structurally sound, necessitating the demolition of the house and its foundation. Umile adds that she obtained a demolition permit approved by the City before the demolition was carried out. Upon uncovering these challenges, William asked the architect to relocate the proposed addition from the back of the property to the front and move the foundation as far forward on the lot as possible within the allowable setbacks, moving it further away from the wetland resource area. The footprint area that was approved by the Commission had a total of approximately 1,700 square feet of foundation work within the 100-foot buffer zone, and the proposed modification reduces that area to approximately 240 square feet within the buffer zone. They have successfully removed the old 5 City of Beverly Conservation Commission November 6,2024 Meeting Minutes Page 6 of 14 structure according to the OOC, and they plan to cover the area where the rear addition was originally planned with native grasses and shrubs. Redmond shares that she regularly walks by the site and has noticed stockpiles of soil that are uncovered and unprotected. Redmond suggests the soil be covered in order to protect the resource area and prevent runoff. Umile agrees to address this with her contractor. The Commissioners decide that the previously issued conditions should also apply to this minor modification. Duffy: Motion to issue a Minor Modification to OOC for 24 Pickman Road, DEP File 95-1420 under the Wetlands Protection Act and Beverly's Wetlands Protection Ordinance. Redmond seconds. Bertoni takes a roll call vote. Motion carries (6- 0). ii) New: 18 Brimbal Avenue—Local IVW Bob Griffin of Griffin Engineering is present on behalf of the applicant, Kathleen Downey. Griffin explains that at the October 15, 2024 meeting the Commission requested the applicant file a Minor Modification for the addition of at least 3 trees to replace trees that were taken down as part of a solar project. Griffin explains that he spoke with wetlands scientist Bill Manuell, who suggested that silky dogwood plants would do well in the area, and the applicant submitted a Minor Modification request for the planting of 6 silky dogwoods. Since submitting the application, Griffin has learned that silky dogwoods are not available, so the applicant is now requesting to modify the original request to plant six red-osier dogwood. Griffin confirms that red-osier dogwoods are native plants. Duffy: Motion to issue a Minor Modification to OOC for 18 Brimbal Ave. under Beverly's Wetlands Protection Ordinance. Charles seconds. Bertoni takes a roll call vote. Motion carries (6-0). 3) Recess for public hearings Duffy: Motion to recess for public hearings. Charles seconds. Bertoni takes a roll call vote. Motion carries (6-0). 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. Spidaliere explains that Barber has expressed willingness to participate in a special meeting of the Commission, but Barber also recently shared that he has reached out to multiple consultants to take over this project. Spidaliere expresses his opinion that a consultant will be better suited to get this project permitted. 6 City of Beverly Conservation Commission November 6,2024 Meeting Minutes Page 7 of 14 The Commissioners discuss denying the application today due to lack of information. Spidaliere explains that a denial would require the City to refile and pay an additional legal ad fee. Charles: Motion to continue the hearing for the City-wide Beach Management Plan, DEP File 95-1409 to the December 17, 2024 meeting. Duffy seconds. Bertoni takes a roll call vote. Motion carries (6-0). b) Cont.: 5 Curtis Point,DEP File #5-1427— Seawall bulkhead—Carmen L. Pope Trust Spidaliere explains that the applicant is requesting a continuance. The applicant's engineer explained that they recently received further information from the owners, and they need additional time to prepare and consider next steps, which may include a soft solution design. Duffy: Motion to continue the hearing to the November 26, 2024 meeting. Redmond seconds. Bertoni takes a roll call vote. Motion carries (6-0). c) Cont.: 0 Trask Lane,DEP File #5-1428—Construction of 6 residential apartment buildings and associated infrastructure—Corcoran Trask Lane LLC Miranda Siemasko, attorney for the applicant, is present and notes that the Commissioners conducted a site visit on October 26, 2024. Bertoni asks for verification that the Commission has not received a plan for wetland replication and restoration for this project. Siemasko confirms that a final plan has not yet been submitted to the Commission,but notes that at the site visit the Commissioners were shown a draft plan for discussion purposes. Joe Peznola and David Cowell of Hancock Associates are present to discuss this project. Cowell explains that the restoration and replication plans are still in draft format, and that they hope for further input from the Commission before the plan is finalized. Cowell explains that the applicants plan to increase the quantity of native species to be planted, including the introduction of a pollinator habitat, based on feedback from the Commissioners during the site visit. Peznola shares a site map of the property and notes that Hancock will be sending the Commission a tree removal inventory as requested. Peznola suggests postponing further discussion of parking and snow removal until after they appear before the Planning Board, as they are hoping to obtain permission to reduce the parking area, which would also affect the plans for snow removal. Buchsbaum asks whether the applicants have considered using pervious pavement. Peznola replies that it has been discussed,but a decision has not been made, as their primary focus has been on reducing parking in order to reduce the project's impact within resource area buffers. Bertoni expresses serious concerns about the project's encroachment into the 50-foot No Build Zone (NBZ) and permanent impacts on resource areas. Bertoni states that a reduction in parking spaces seems critical as it would allow for fill to be moved farther away from the NBZ. Bertoni expresses concern about the impact of adding a large amount of fill and building retaining walls near the wetland 7 City of Beverly Conservation Commission November 6,2024 Meeting Minutes Page 8 of 14 embankments the 25-foot No Disturb Zone (NDZ). Bertoni asks if adding fill is an alternative to blasting and whether it is necessary in order to have the depth to install the drainage features. Peznola replies that a large multifamily project like this requires a level site, and the site is currently not level, adding that Trask Lane has critical connection points that they need to be able to access. Peznola states that they are trying to control the amount of blasting but some may be required, and that stormwater system requirements play a role in dictating the elevations and grades. Peznola states that the retaining walls will not have a high impact on the wetlands. In response to questions about the amount of fill the applicant proposes to use, Peznola states he does not know but will provide this information to the Commission. Duffy adds that at the next hearing it would be helpful to hear about alternatives the applicant has considered, such as decreasing the number of residential units or building up rather than out. Bertoni requests to postpone further discussion of restoration and replication planning, due to time constraints. Spidaliere states that he sent proposals to six different engineering firms on October 17, 2024 for an independent peer review, and received quotes from two firms: Meridian Associates and Dewberry Engineering. Spidaliere explains that the quotes offer similar services in a similar price range, and that he would recommend hiring Meridian, because their proposal includes attendance at 1 additional public meeting and is $200 less expensive. Meridian quoted a fixed fee of$8,500, with the option to add additional services for an additional cost. Spidaliere states that he does not anticipate receiving more responses to the request for proposals that he sent out. Buchsbaum asks for clarification about the language Meridian used in their proposal, to confirm their intent to evaluate compliance with both the Wetlands Protection Act and the Beverly's Wetlands Protection Ordinance. Spidaliere agrees to seek clarification from Meridian on this point. Bertoni proposes potentially adding construction monitoring as an additional service, and Siemasko indicates the applicant would be willing to do so. Buchsbaum: Motion to approve the hiring of Meridian Associates as an independent peer reviewer at the applicant's expense, subject to the clarification discussed in this meeting about the scope of Meridian's services, and stipulating that the Commission is interested in potentially adding construction monitoring. Redmond seconds. Bertoni takes a roll call vote. Motion carries (6-0). Bertoni opens this matter for public discussion. Patrick Knight, 4 Duck Pond Road,requests more information about the chemicals that will be used in the proposed snow storage plan, expressing concern about the chemicals leaching into the pond. Siemasko requests information about when the applicant should expect to receive peer review comments from Meridian. Spidaliere shares that Meridian's proposal indicates that their initial comment letter will be submitted approximately 2-4 weeks after commencing the review process. 8 City of Beverly Conservation Commission November 6,2024 Meeting Minutes Page 9 of 14 Redmond: Motion to continue to the hearing to the December 17, 2024 meeting. Squibb seconds. Bertoni takes a roll call vote. Motion carries (6-0). d) Cont.: 68 Paine Avenue,DEP File #5-1429—Demolition of a portion of existing home and build new home further from water—Christopher Velonis Bill Manuell of Wetlands & Land Management, is present on behalf of the applicant. Manuell shares site plans and explains that this NOI is for the rebuild of the residential dwelling landward. The applicant previously received an OOC from the Commission to rebuild the seawall in the same location, but that plan is no longer being instituted. Manuell explains that the applicant believes a better long-term solution will be to move the house further from the water, out of the path of the velocity zone for waves, and to allow for landward migration of the coastal dune. The new plan entails removing parts of the original house to repurpose it as a cabana area, and removing the existing tennis court. Manuell clarifies that they are not proposing any building on a dune,they plan to install American beach grass to enhance dune protection and restoration, and there will be no loss of indigenous vegetation. In response to questions from Bertoni, Manuell confirms that the new house location is outside of the VE flood zone and they plan to raise the house above Elevation 12, with flood vents built in. Manuell confirms that the flood vents are appropriate for an AE coastal flooding zone and do comply with building codes. Manuell confirms that the resource areas present in the area are the coastal dune, coastal bank, land under ocean, land subject to coastal storm flowage, riverfront area, and BVW. The project abandons the existing septic system and the new structure and cabana will be hooked up to City sewer. Chris Velonis, the applicant, states that he initially looked into moving the existing house and found that the house is not balloon framed and cannot feasibly be moved. Velonis clarifies that there is no right-of-way on the property, only on the neighboring property. Bertoni opens the discussion for public comment. Laura Gibson speaks on behalf of Hilary and Christopher Gabrielli, owners of 675E Hale Street. Gibson reads a letter written by the Gabrielli's, expressing support for this project. The Commissioners decide to schedule a site visit on Saturday, November 9 at 8:00 a.m. Duffy: Motion to continue the hearing to the November 26, 2024 meeting. Redmond seconds. Bertoni takes a roll call vote. Motion carries (6-0). e) New: 38 Standley Street,DEP File#5-1430 —To review the extent of Wetland Resource Areas delineated—Waring School Inc. c/o Timothy Bakland Spidaliere reads the legal notice. Bob Griffin of Griffin Engineering is present on behalf of the applicant, to request that the Commission make a determination of the resource area boundaries and 9 City of Beverly Conservation Commission November 6,2024 Meeting Minutes Page 10 of 14 buffer zones located within the property. Griffin explains that the Commission previously issued an ORAD for this property on February 11, 2021, which has since expired, and they are now essentially refiling the same ANRAD application. Griffin shares the site plan and explains that the resource areas the Commission identified and confirmed in 2021 were Inland Bank, BVW, and Riverfront Area. Griffin adds that there are no flood zones or potential vernal pools on the property. Griffin states that there has been no changes to the site since 2020, and that both Griffin Engineering and Rimmer Environmental Consulting have re-reviewed and confirmed the area of BVW on the property. Griffin explains that in 2020, the Natural Heritage& Endangered Species Program (NHESP) maps designated a 0.5 acre area of the property as a Priority Habitat of the endangered Sweet Bay Magnolia plant, but this designation has since been removed and no longer appears on NHESP maps. Griffin confirms that the property is not currently subdivided but that the applicant does intend to subdivide it. Bertoni asks whether Rimmer Environmental tried to locate vernal pools on the property, and Griffin stated he is not sure but this is something that could be asked on the site visit, adding that he has walked the property and has not noticed anything that resembles a vernal pool. Griffin agrees to provide a web link showing that the Sweet Bay Magnolia has been removed on NHESP maps. The Commissioners decide to conduct a site visit on Saturday, November 9 at 9:15 a.m. Redmond: Motion to continue the hearing to the November 26, 2024 meeting. Duffy seconds. Bertoni takes a roll call vote. Motion carries (6-0). 5) Reconvene Regular Meeting Buchsbaum: Motion to reconvene the regular meeting. Redmond seconds. Berton takes a roll call vote. Motion carries (6-0). 6) Requests for Determination of Applicability a) Cont.: 36 Cole Street—Install above-ground pool—Bruce& Johanna Johnson Spidaliere states that the applicants have decided to withdraw their application as they are no longer planning to move forward with the project.No vote necessary. b) Cont.: 772 Hale Street—Install a carport over portion of existing driveway —Jake Cavanaugh Property owner Jake Cavanaugh is present. At the October 15, 2024 meeting,the Commission requested the following additional information from the applicant: 1. Will the driveway extension be built using concrete or asphalt? 2. Will any heavy equipment be needed? 3. Will there be any grading associated with the driveway extension? 4. What is the plan for stormwater management for the new impervious surface? 10 City of Beverly Conservation Commission November 6,2024 Meeting Minutes Page 11 of 14 Cavanaugh states that asphalt will be used to pave the driveway, the largest equipment used will be a mini-excavator, and there will be no grading as the newly paved area will be flat. A 2 x 3 foot trench in the back of the property will serve as stormwater management. Cavanaugh shows site plans and photographs of the site and nearby stream. Cavanaugh explains that there is vegetation known as "zebra grass" that will need to be removed to make way for the driveway extension. Bertoni reads the following proposed conditions: 1. During the work, any storage of equipment shall be located on existing paved areas or as close to the street as possible. 2. Any debris materials and excess spoils shall be removed from the site for appropriate off- site disposal. 3. After work completion, any disturbed soils shall be seeded and stabilized to avoid sedimentation getting into the resource area. 4. All materials shall be cut off-site or outside of the jurisdictional buffer zones. 5. The use of timbers pressure treated with A.C.Q. (Alkaline Copper Quats) 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. 6. Hand tools shall be used for on-site installation. No heavy construction equipment, gas powered tools, or vehicles are permitted during construction. Duffy: Motion to issue a Negative 2 Determination under the Wetlands Protection Act and Beverly's Wetlands Protection Ordinance with the conditions as discussed. Buchsbaum seconds. Bertoni takes a roll call vote. Motion carries (6-0). 7) Enforcement Matters/Potential Violations a) Enforcement Orders i) Cont.: 345 Hale Street—Bradford Paul Evin Guvendiren of DeRosa Environmental is present on behalf of the property owner to present on the progress of the restoration plan. Guvendiren states that approximately 250 native plantings have been installed and the upland slopes have been seeded, as per the approved restoration plan. Guvendiren explains that the only remaining work is the wildflower seeding, which will be carried out once the temperatures in the soils have dropped, to reduce chances of premature germination. Guvendiren estimates this will take place in late November or early December, depending on temperature and weather conditions. Bertoni asks if the EO required a 2-year survival condition, and Guvendiren states she is unsure, but that DeRosa did agree to irrigate the area for a full growing season. Guvendiren proposes that DeRosa update the Commission in the spring once they can confirm the survival rate of the plantings and the wildflower seeding has been done. Spidaliere explains that they do not yet have the Commission meeting schedule for 2025 and recommends continuing this matter to the meeting on December 17, 2024, at which point they can establish a date for a spring update. 11 City of Beverly Conservation Commission November 6,2024 Meeting Minutes Page 12 of 14 Buchsbaum: Motion to amend the Enforcement Order to require attendance at the December 17, 2024 meeting to provide an update on the implementation of the restoration plan. Redmond seconds. Berton takes a roll call vote. Motion carries (6-0). b) Potential Violations i) New: 449 Cabot Street—Jamal Alananzah Spidaliere states that the Ward 3 City Councilor brought to his attention a potential WPA compliance issue on this property, noting that there have been issues in the past involving trash, debris, and auto parts being stored within wetlands and buffers on this property. Spidaliere explains that Inspector White visited the site on October 22, 2024 and found numerous potential pollution sources and unpermitted debris within the 200-foot Riverfront Area, including: • 5 vehicles in various states of disrepair to the rear of the building. • Several 5-gallon containers of unknown liquid material. • At least 2 bulk storage containers of unknown contents. • One Underground Storage Tank(UST) of unknown contents. • Four engine blocks on the north-facing side of the building. Spidaliere notes that he previously sent a violation letter to the property owners in May of 2023 related to trash in or near the perennial stream, after which the area was cleaned up. Spidaliere explains that he recently sent out a new violation letter, requiring that the property owners come to today's meeting to answer questions and receive guidance from the Commission regarding the storage of the unpermitted debris outlined above. The property owner subsequently sent photographs which appear to show that the area has been cleaned up. The property owners are not present at this meeting. Bertoni asks if this issue was reported to the Massachusetts Environmental Police (MEP) to obtain permission for the removal of hazardous material before the area was cleaned up. Spidaliere confirmed that it was not reported. White states that he observed no sheen in the water, approximately 2/3 of the pollution sources were located on paved surfaces, and that he thinks some vegetation was probably removed in the cleanup. Bertoni expresses concern that storing unknown hazardous materials on site is a serious matter. The Commissioners decide to notify the MEP of the Commission's concern about this issue, copying the Beverly Planning Department, the Beverly Department of Public Services, the Beverly Fire Department, the Beverly Police Department, and the Ward 3 City Councilor. The Commissioners agree that if there is another incident of trash and debris on this property, the Commission should immediately issue an Enforcement Order. Redmond: Motion to issue an Enforcement Order to 449 Cabot Street to cease and desist from any further work within Riverfront Area and to attend the November 26, 2024 meeting to discuss this matter with the Commission. Duffy seconds. Bertoni takes a roll call vote. Motion carries (6-0). 12 City of Beverly Conservation Commission November 6,2024 Meeting Minutes Page 13 of 14 8) Old/New/Other Business a) Commission Business, correspondence, and other matters i) Hazard Mitigation Plan presentation—Tetra Tech Brian Cullinan, Civil Engineer from Tetra Tech, provides an update on the City's Hazard Mitigation Plan (HMP). Cullinan explains that a Hazard Mitigation Planning Committee has been established, with the goal of assessing actions needed to address immediate and longer-term hazards facing Beverly, to be incorporated into an update to the 2018 plan. Cullinan explains that Tetra Tech has released a community preparedness survey, with early results showing that hazards of primary community concern include coastal erosion and flooding, extreme heat, high winds, and drought. Cullinan discusses mitigation strategies the Committee is considering, which include coastal and seawall protection and stormwater management. Bertoni and Cullinan discuss minor changes to explanatory text in the Beverly Wetlands Ordinance related to the 25-foot NDZ and 50-foot NBZ. Cullinan states that the HMP Committee has a public meeting scheduled on November 19, 2024 at 5:30pm at the Beverly Police Station. Duffy asks about next steps and the role of the Conservation Commission in the hazard mitigation planning process. Cullinan explains that after the public meeting and once the survey results are compiled, the Committee will publish a draft updated plan. At that point, the Committee would appreciate input from the Conservation Commission related to the Beverly Wetlands Protection Ordinance and any relevant conservation issues. Charles leaves the meeting. ii) Lynch Park Letter of Support Spidaliere states that the Beverly Sustainability Department has asked for a letter of support from the Commission for their request to fund the Lynch Park Resiliency Design& Permitting Stage 2 Project. Spidaliere explains that since the State denied funding, the Sustainability Department is preparing an application for the Community Preservation Committee (CPC)to fund the project, which they intend to submit on November 8, 2024. Spidaliere adds that the Sustainability Department has provided a draft letter of support for the Commission to review and edit. The scope of the project is a reduced version of the original grant application for which the Commission previously provided a letter of support,with an added focus on updating the Carriage House Conditions Assessment to identify resiliency options for preservation in place. The Commissioners decide that the letter should clarify that the Commission is not approving the project, simply expressing support for the Sustainability Department to request project funding from the CPC. Buchsbaum: Motion to send the letter of support for the Sustainability Department's Lynch Park project funding request, as discussed in this meeting. Squibb seconds. Berton takes a roll call vote. Motion carries (5-0). 13 City of Beverly Conservation Commission November 6,2024 Meeting Minutes Page 14 of 14 b) Expenditure Approvals i. Conservation Agent October mileage - $20.17 ii. Conservation Field Inspector October mileage - $13.45 Squibb: Motion to approve the October Conservation Agent mileage reimbursement in the amount of$20.17 and October Conservation Field Inspector mileage reimbursement in the amount of$13.45. Redmond seconds. Bertoni takes a roll call vote. Motion carries (5-0). 9) Adjournment Redmond: Motion to adjourn. Duffy seconds. Bertoni takes a roll call vote. Motion carries (5-0). Meeting adjourns at 10:28p.m. The next regular meeting of the Conservation Commission is scheduled for Tuesday,November 26, 2024 at 6:30p.m. 14