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11_26_2024 Cons Com Minutes - final (2) City of Beverly Conservation Commission November 26,2024 Meeting Minutes Page 1 of 10 CITY OF BEVERLY PUBLIC MEETING MINUTES BOARD OR COMMISSION: City of Beverly Conservation Commission DATE: November 26, 2024 LOCATION: Virtual via Google Meet MEMBERS PRESENT: Chair Christine Bertoni, Robert Buchsbaum, Grace Charles, William Squibb, Tara Duffy MEMBERS ABSENT: Vice Chair Amber Redmond OTHERS PRESENT: Conservation Agent David Spidaliere, Conservation Field Agent 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: 78 Grover Street, DEP File#5-1403 David McKinnon from Essex County Greenbelt is present. The Commission issued an Order of Conditions (OOC) on November 29, 2023 for the construction of a bridge over a stream that passes through a pedestrian trail system within Alt Reservation. McKinnon states that the bridge was built longer than the original design, increasing in length from 42' to 61'. McKinnon explains that while constructing the bridge, the applicant discovered that the footings would land on the roots of nearby trees,which would require removing soil and cutting out the roots of the trees to make space for the footings. The applicant decided that it would be less invasive to extend each side of the bridge onto land where excavation would not be required. For additional stability, the applicant also drove four small 2x4' spikes at each end of the bridge. McKinnon states that since the completion of the bridge, the nearby trampled vegetation has returned and the stream's water flow has returned to its natural state. McKinnon clarifies that no digging was required to install the spikes. White states that he conducted a site visit on November 22, 2024, during which he observed that the site was very stable and the bridge looked great. Buchsbaum: Motion to issue a complete Certificate of Compliance for 78 Grover Street, DEP File 95-1403, under the Wetlands Protection Act and the Beverly Wetlands Ordinance. Charles seconds. Bertoni takes a roll call vote. Motion carries (5-0). ii. New: 5 Curtis Point,DEP File #5-1121 1 City of Beverly Conservation Commission November 26,2024 Meeting Minutes Page 2 of 10 George Zambouras,project engineer, is present on behalf of the applicant. The Commission issued an OOC on May 13, 2014 for the construction of a first-floor front porch with a deck above, and two decks with stairs on either side of the new porch. Zambouras explains that this work was completed in compliance with the approved plan without any deviations. White confirms that he conducted a site visit on November 22, 2024 and that all work appeared to be in compliance with the OOC. Duffy: Motion to issue a complete Certificate of Compliance for 5 Curtis Point, DEP File 95-1121, under the Wetlands Protection Act and the Beverly Wetlands Ordinance. Charles seconds. Bertoni takes a roll call vote. Motion carries (5-0). 3) Recess for Public Hearings Duffy: Motion to recess for public hearings. Charles seconds. Bertoni takes a roll call vote. Motion carries (5-0). 4) Notices of Intent/Abbreviated Notices of Intent/Requests for Amended Orders of Conditions/Abbreviated notices of Resource Area Delineations a) 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 Notice of Intent(NOI) for the construction of a concrete coastal bulkhead,to the next meeting on December 17, 2024. Buchsbaum: Motion to continue the hearing to the December 17, 2024 meeting. Duffy seconds. Bertoni takes a roll call vote. Motion carries (5-0). b) Cont.: 68 Paine Avenue,DEP File #5-1429—Demolition of portion of existing home and build new home further from water—Christopher Velonis Spidaliere states that the Commissioners conducted a site visit on November 9, 2024. Spidaliere explains that the applicant is requesting a continuance, as the applicant's consultant, Bill Manuell, has reached out to MassDEP in response to their comments on the project, but has not yet heard back. Buchsbaum: Motion to continue the hearing to the December 17, 2024 meeting. Duffy seconds. Bertoni takes a roll call vote. Motion carries (5-0). c) Cont.: 38 Standley Street,DEP File#5-1430—To review the extent of Wetland Resource Areas delineated—Waring School Inc. c/o Timothy Bakland Mary Rimmer from Rimmer Environmental is present on behalf of the applicant. The Commissioners state that they held a site visit on November 9, 2024 to confirm the delineation of Inland Bank, Bordering Vegetated Wetland(BVW), and Riverfront Area. The Commissioners confirm that the boundaries described in the ANRAD application appear accurate, and the site appeared essentially unchanged since the Commission last looked at it in 2021. 2 City of Beverly Conservation Commission November 26,2024 Meeting Minutes Page 3 of 10 Buchsbaum: Motion to confirm that the boundaries described in the ANRAD application for 38 Standley Street, DEP File #5-1430, are accurately drawn. Duffy seconds. Bertoni takes a roll call vote. Motion carries (5-0). d) New: 5 Curtis Point,DEP File #5-1431 - Install roof drain system and concrete bulkhead basement access—Carmen L. Pope Trust Spidaliere reads the legal notice. George Zambouras, project engineer for the applicant, is present and explains that this application is for the installation of a shallow roof drain system and a basement access bulkhead. Zambouras explains that the purpose of this work is to alleviate the basement water issues caused by the current roof infiltration system. Currently, portions of the roof's runoff are directed to a stoned infiltration bed located against the building foundation, causing rain to leak into the basement. The proposed new roof drain system will capture roof runoff from the building's existing downspouts and re-route runoff via a piped roof drain to a subsurface infiltration system. Zambouras adds that the infiltration system will be located outside the buffer zone. Bertoni asks if the application includes an Operation &Maintenance plan. Zambouras explains that the drain cleanouts allow access to the pipes in case there is ever a need to enter the drain line to free a blockage, but that there is no planned regular maintenance. The project also proposes the installation of a pre-cast bulkhead to allow exterior access to and from the building's basement. Zambouras confirms that the excavation for the bulkhead install will be done using a mini-excavator. Bertoni opens the discussion for public comment. There are no comments. Buchsbaum: Motion to close the hearing for 5 Curtis Point, DEP File #5-1431. Duffy seconds. Berton takes a roll call vote. Motion carries (5-0). e) New: 58 South Terrace,DEP File #5-1432—Install a pier with float and boulder embankment improvements—Ralph Puopolo Spidaliere reads the legal notice. Bob Griffin from Griffin Engineering is present on behalf of the applicant and explains that the application is for the construction of a fixed wooden pier with float in the Danvers River and placement of supplemental rip rap on an adjacent embankment. Griffin shares photographs and site plans, explaining that the pier will be supported by 8 bent lines, and they intend to build a 40-foot prefab aluminum gangway to provide access to the floating dock. This work will entail driving 17 timber piles into the mud flats and into land that qualifies as Land Under the Ocean, and 2 piles will be driven into the Coastal Bank. Griffin adds that the applicant has spoken with the abutting property owner, who does not have any objection to this project. Griffin states that the existing embankment is located on filled tidelands and has a valid Chapter 91 license, which also covers the proposed rip rap placement as maintenance. The applicant proposes to bring in clean 12-inch stones by barge, to be placed by an excavator mounted on the barge. Griffin adds that there will be additional handwork to position the stones, which will not require heavy 3 City of Beverly Conservation Commission November 26,2024 Meeting Minutes Page 4 of 10 equipment. Griffin confirms that they do not intend to expand the embankment any closer to the Coastal Bank. Bertoni asks if there will be any issues with the Chapter 91 license, since it was issued before the property was split into multiple plots. Griffin states his understanding that this split does not void the license,but adds that he will look into it to make sure. Squibb asks whether a boat could fit between the proposed pier and the neighboring pier. Griffin confirms that there is about a 40-foot distance between the two piers. Bertoni asks whether the Coastal Bank is a source of sediment to the river. Griffin replies that it is not a significant source of sediment. Griffin also notes that there is an existing residence on the property and that this is a permittable way to protect an existing residence on the property. Griffin confirms that there is no mapped eelgrass in the area. Griffin clarifies that the pier cannot be connected to the deck due to zoning issues, so there will be a 1-inch gap between them. Griffin and Spidaliere both state that they have not received any comments on this project from the Massachusetts Department of Marine Fisheries (DMF). Griffin confirms that he has not received comments from the Harbormaster. Griffin explains that because the proposed work below the mean high water line will be performed under a Chapter 91 license, it is exempt from the Riverfront regulations. Bertoni opens the discussion to members of the public. There are no comments. The Commissioners decide to schedule a site visit for December 7, 2024 at 8:00 a.m. Duffy: Motion to continue the hearing to the December 17, 2024 meeting. Buchsbaum seconds. Bertoni takes a roll call vote. Motion carries (5-0). 5) Reconvene Regular Meeting Duffy: Motion to reconvene the regular meeting. Charles seconds. Bertoni takes a roll call vote. Motion carries (5-0). 6) Requests for Determination of Applicability a) New: 114 Livingstone Avenue— Confirm delineation of IVW—7 Porter Terrace, LLC Spidaliere reads the legal notice. Michael DeRosa of DeRosa Environmental, property owner Brian Marks, and counsel Glenn Wood of Rubin and Rudman LLP, are present and are seeking a Negative 6 Determination of Applicability (DOA). The Request for Determination of Applicability (RDA) states that the wetland resource area described in the request is not subject to the jurisdiction of the Conservation Commission, pursuant to the City of Beverly Wetlands Protection Regulations Chapter 565. DeRosa confirms that the applicant is not proposing any construction at this time. 4 City of Beverly Conservation Commission November 26,2024 Meeting Minutes Page 5 of 10 DeRosa and Wood explain that the Commission previously issued a Positive DOA on July 17, 2024, finding that an intermittent stream and BVW on the site were both within the Commission's jurisdiction, and were subject to the Wetlands Protection Act(WPA) and the Beverly Wetlands Ordinance. The applicant appealed the Commission's determination. MassDEP subsequently issued a Superseding Determination of Applicability (SDOA)which overturned the Commission's decision and indicated that there was no intermittent stream or BVW on site, and that the wetland resource area was in fact an Isolated Vegetated Wetland (IVW). The SDOA noted that the IVW was roughly 300 square feet, but that IVW is not a protected resource under the WPA. Wood explains that this application is asking the Commission to confirm that the IVW on site is not within the Commission's jurisdiction as it is under 1,000 square feet, which is the minimum size for IVW to be protected under the Beverly Wetlands Ordinance regulations. Wood expresses the opinion that because the Commission did not appeal the SDOA, the Commission is legally bound to agree with the DEP delineation regarding the IVW. Buchsbaum replies that the Commission was not asked to review the IVW in the previous RDA application, so he does not see how the Commission can confirm a delineation they have not considered before. Bertoni points out that the site plan used in the appeal is not the same one that came before the Commission in the previous RDA filing, and thus the Commission has not yet had an opportunity to review it. Wood and DeRosa clarify that this revised plan was put together after a site visit with MassDEP and based on surveying performed by Griffin Engineering. Berton points out that MassDEP does not have any jurisdiction over IVWs, as those are governed only by the local ordinance, so MassDEP does not have the authority to make a delineation related to IVW. Spidaliere adds that the Beverly City Solicitor has confirmed that the state does not have authority over IVW. The Commissioners discuss the legal procedure, considering that there is a pending court case. Wood states his hope that once the question about jurisdiction over the IVW is resolved, the other issues that are pending in court can be revisited and resolved with the Commission. The Commissioners discuss whether it makes sense to conduct a site visit this late in the year, outside of the Commission's statutory delineation review period,which runs from April 15 to October 1. The Commissioners decide to schedule a site visit for December 7, 2024 at 9:00 a.m. Buchsbaum: Motion to continue the matter for 114 Livingstone Avenue to the December 17, 2024 meeting. Duffy seconds. Bertoni takes a roll call vote. Motion carries (5- 0). 7) Enforcement Matters/Potential Violations a) Enforcement Orders i. New: 449 Cabot Street—Jamal Al-Ananzeh Property owner Jamal Al-Ananzeh is present. Spidaliere explains that at the last meeting, the Commission issued an Enforcement Order(EO) for noncompliance with the Commission's Potential 5 City of Beverly Conservation Commission November 26,2024 Meeting Minutes Page 6 of 10 Violation letter and for Al-Ananzeh's failure to appear at the November 6, 2024 meeting. The violation is for the presence of numerous potential pollution sources, vehicles, and unpermitted debris on the property, within the 200-foot Riverfront Area. In addition to the Enforcement Order, the Commission sent a letter to the Massachusetts Environmental Police on November 14, 2024 to inform them that barrels of potential pollutants were stored on the site without permits and that the Commission is concerned about this site going forward. The Commissioners ask whether the entire area where potentially hazardous materials are being stored is paved, and Al-Ananzeh replies that it is. Berton states that it appears Al-Ananzeh needs a sufficient storage area to ensure that potentially hazardous pollutants are not present within open portions of the Riverfront Area where they may end up running off into the perennial stream. Al-Ananzeh promises to never place these items in this area again and states he will keep everything in the garage from now on. Spidaliere shares photographs of the property from before and after the cleanup, which appear to show that some trash and debris was stored outside of the paved area. The Commissioners discuss whether to lift the EO at this meeting or to keep it in place for 3 months, to allow time for the applicant to demonstrate that he will continue to keep the area clean. Duffy asks whether keeping an EO in place for 3 months is a common practice for the Commission, and Berton states that she is unsure if there is a precedent for this specific arrangement. Spidaliere points out that keeping the EO open means that the cease and desist order remains in place, so that if there is another violation the Commission would be able to issue fines without additional administrative steps. Duffy expresses an inclination to lift the EO since the applicant has cleaned the area and promised that it will not happen again. Buchsbaum: Motion to amend the Enforcement Order for 449 Cabot St. to extend to February 25, 2025, to be lifted if at that time the site has remained free of hazards. Squibb seconds. Bertoni takes a roll call vote. Motion does not carry (3 yes-2 no). Duffy: Motion to lift the Enforcement Order for 449 Cabot St, with the understanding that the Commission expects the site to remain clean and free of debris. Charles seconds. Bertoni takes a roll call vote. Motion carries (5-0). b) Potential Violations i. Cont.: 16 Pond View Lane—Alex Wang & Stella Lee Michael DeRosa of DeRosa Environmental is present on behalf of the property owners. This potential violation entails an unpermitted stone retaining wall that was installed near the bank of an intermittent stream and a patio within the buffer zone to the bank. The Commission visited the site on September 28, 2024. The Commission required the property owners to hire a wetlands scientist to mock up a plan of the completed work and to flag the wetlands in anticipation of an after-the-fact RDA. The plan was to be submitted ahead of the December 17, 2024 meeting. 6 City of Beverly Conservation Commission November 26,2024 Meeting Minutes Page 7 of 10 DeRosa shares site plans and photographs of the property, showing the retaining wall and patio and the areas of soil where Stella Lee's father has been manually removing Japanese knotweed. DeRosa explains that he proposes to seed the sloping area and cover with a thick layer of hay mulch, and given the steepness of the slope he wants to put fabric over top of the mulch to stabilize the area for the winter. DeRosa explains that he recommends the Commission issue a"friendly" EO so he can complete this portion of the work so the area can be stabilized quickly. Berton and Squibb state that after visiting the site, they believe the completed work was an improvement and that they think it is best if the applicants finish construction of the wall as planned. The Commissioners decide to issue an EO for the seed work proposed by DeRosa to be completed as soon as possible. The EO includes the requirement that the applicants file an after-the-fact RDA to approve the work that has already been done on the wall and patio, including the completion of the wall and improvement of the landscaping. Duffy: Motion to issue an Enforcement Order for 16 Pond View Lane requiring that an after-the-fact RDA be filed by April 15, 2024, to be addressed at the April 29, 2024 meeting (pending confirmation of the Commission's 2025 meeting schedule). Squibb seconds. Bertoni takes a roll call vote. Motion carries (5-0). ii. New: 60 South Terrace—Paul & Natalie Gaudenzi Spidaliere explains that when reviewing GIS mapping online,he noticed that the front yard at this property had been covered with an approximately 2,500 square foot brick paver driveway, extending to the side of the house and connecting to the pier in the rear of the property. It also appeared that the mitigation plantings included as part of two previous OOCs approved by the Commission were removed from the front yard. Scott White drove by the site on November 14, 2024 to confirm that this unpermitted construction had in fact been done. Spidaliere issued a violation letter for the unpermitted work on November 14, 2024, instructing the property owner to cease and desist work on the property and to attend the November 26, 2024 meeting. Property owner Natalie Gaudenzi and son Max Gaudenzi are present. Gaudenzi explains that her son is in a power wheelchair so the brick work and plantings needed to be reoriented to help him access the house. Gaudenzi states she did not realize she needed approval from the Commission to do this work. Gaudenzi clarifies that they did not remove any plantings, but rather redistributed the plantings along the side and back of the property. In response to questions from Bertoni, Gaudenzi confirms that the pavers used on the driveway are pervious and the paving work did not require permission from the Department of Public Services because there is no curb cut. Bertoni asks whether it is possible for the wheelchair to travel through the house to get to the back yard and dock, as opposed to traveling on the exterior path. Gaudenzi replies that it is not possible. Bertoni explains that it is a big violation for such substantial work to be performed without first obtaining approval from the Commission, and wonders whether there is a way to reduce the impact of this work. Buchsbaum asks whether the amount of pavers was truly necessary for wheelchair access, 7 City of Beverly Conservation Commission November 26,2024 Meeting Minutes Page 8 of 10 as opposed to maintaining more of the natural yard area. Gaudenzi replies that they needed space for her car to fit so she can help her son out of his wheelchair. Gaudenzi explains that this project required removing approximately 921 square feet of grass, adding that they did not bring in any fill, but did move some of the dirt to level the access way. Bertoni asks whether Gaudenzi has a site plan showing the work that was completed, and Gaudenzi states that they do not. Bertoni suggests having a site plan drawn up. Bertoni explains that the Commission has the authority to order that unpermitted work like this be taken down. The Commissioners request that Gaudenzi gather more information from the contractor about the work that was done, including how the bricks were laid and estimates of the impervious surface square footage before and after construction. The Commissions decide to schedule a site visit for December 7, 2024 starting at approximately 8:30- 8:40 a.m. Squibb: Motion to continue the matter for 60 South Terrace to the December 17, 2024 meeting. Charles seconds. Berton takes a roll call vote. Motion carries (5-0). 8) Old/New/Other Business a) Commission Business, Correspondence, and Other Matters i. 2025 Meeting Schedule The Commissioners discuss the proposed 2025 meeting schedule. Spidaliere explains that he does not know if or when in-person meetings may resume. Squibb: Motion to approve the 2025 meeting schedule. Duffy seconds. Bertoni takes a roll call vote. Motion carries (5-0). 9) Orders of conditions a) 5 Curtis Point,DEP File # 5-1431 The Commissioners discuss the following special conditions under the Wetlands Protection Act and the Beverly Wetlands Ordinance, in addition to the standard general and perpetual conditions: 1. Erosion and sedimentation control devices shall be installed between the project area and the Coastal resources prior to construction as depicted on the approved site plan. 2. Erosion and sedimentation control devices shall be inspected daily during periods of active construction and bi-weekly during the remainder of the construction period. 3. During construction, disturbed areas shall be kept to a minimum and vegetative stabilization of these areas shall occur as soon as possible. 4. 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. 8 City of Beverly Conservation Commission November 26,2024 Meeting Minutes Page 9 of 10 5. Storage of construction materials and dumpster shall be located on existing paved areas or outside the resource areas. 6. All stockpiling of any/all materials shall occur on the upland portions of the site. Stockpiled areas shall be protected with hay bales or straw wattles to avoid erosion into the wetland resources. 7. During construction,trenches shall be covered/closed overnight. 8. The drainage system shall be kept in good working order. This condition shall survive the expiration of this Order and shall be included as a continuing condition in perpetuity on the Certificate of Compliance. 9. Only a mini excavator or hand tools shall be used for construction. 10. When mechanical equipment is being used, contractors shall keep hazardous material spill containment kits on-site in case of a release of oil, gasoline, or other toxic substances. Squibb: Motion to issue an OOC for 5 Curtis Point, DEP 9 5-1431,under the Wetlands Protection Act and the Beverly Wetlands Ordinance, with the special conditions discussed in this meeting and the standard general and perpetual conditions. Charles seconds. Bertoni takes a roll call vote. Motion carries (5-0). The Commissioners and staff discuss the standard perpetual condition that prohibits applicants from deviating from an approved plan without first gaining permission from the Commission. White explains that when he conducts a pre-construction site visit,he encourages applicants and contractors to notify the Commission before making any deviations from the the approved plans. 10) Approval of minutes a) October 15,2024 The Commissioners review and offer edits to the October 15, 2024 draft meeting minutes. Duffy: Motion to accept the October 15, 2024 meeting minutes, as amended. Charles seconds. Bertoni takes a roll call vote. Motion carries (4-0-1). Buchsbaum abstains. b) November 6,2024 The Commissioners review and offer edits to the November 6, 2024 draft meeting minutes. Buchsbaum: Motion to accept the November 6, 2024 meeting minutes, as amended. Charles seconds. Bertoni takes a roll call vote. Motion carries (5-0). The Commissioners and staff discuss the news that Beverly schools will be back in session tomorrow. White states that he made a pre-construction visit to Longham Reservoir and recommends that the Commissioners visit as it is a beautiful property. 9 City of Beverly Conservation Commission November 26, 2024 Meeting Minutes Page 10 of 10 11) Adjournment Charles: Motion to adjourn. Squibb seconds. Bertoni takes a roll call vote. Motion carries (5-0). Meeting adjourns at 9:15 p.m. The next regular meeting of the Conservation Commission is scheduled for Tuesday, December 17, 2024 at 6:30p.m. 10