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01.14.25 Minutes - final City of Beverly Conservation Commission January 14,2025 Meeting Minutes Page 1 of 14 CITY OF BEVERLY PUBLIC MEETING MINUTES BOARD OR COMMISSION: City of Beverly Conservation Commission DATE: January 14, 2025 LOCATION: Virtual via Google Meet MEMBERS PRESENT: Chair Christine Bertoni, Vice Chair Amber Redmond, Robert Buchsbaum, Grace Charles, William Squibb, Tara Duffy, Eilidh Hall 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. Cont.: 1 Brookwood Road,DEP File #5-1061 Conservation Agent Spidaliere states that the applicant for this Certificate of Compliance (COC)has asked for a continuance to the meeting on February 4, 2025, to allow more time for the applicant to consider their options with respect to mitigation of invasive species that have returned to the property. Buchsbaum: Motion to continue the matter for 1 Brookwood Road, DEP File #5-1061, to the meeting on February 4, 2025. Duffy seconds. Bertoni takes a roll call vote. Motion carries (6-0). Bertoni explains that Commissioner Hall did not vote because as a new member, she is only eligible to vote on new agenda items. ii. New: 37 Paine Avenue,DEP File#5-1331 Scott Patrowicz, engineer for the applicant, and Tom Saltsman, architect and builder, are present on behalf of this request. Patrowicz explains that an Order of Conditions (OOC) was issued on May 28, 2021, to renovate the existing house, construct an addition, relocate the existing pool, and complete stormwater and landscape improvements. Spidaliere shares the as-built site plan. Patrowicz explains that the applicant made several deviations from the approved plan, including moving the location of the garage, adding several leaching chambers, and not installing a swale. 1 City of Beverly Conservation Commission January 14,2025 Meeting Minutes Page 2 of 14 Bertoni asks for clarification about the work covered under this COC request, as opposed to the other two COC requests that relate to the same property. Patrowicz replies that he thinks about all three requests together. Buchsbaum and Bertoni comment that adding leaching chambers instead of a swale is a substantial change, which should have come before the Commission before the work took place. Saltsman apologizes for not coming before the Commission, explaining that there was a short timeline to complete the project and they realized the swale was not going to work after construction began. Saltsman adds that one reason for foregoing the swale was to preserve the roots of large trees on the property. Bertoni notes that the applications submitted to the Commission do not clearly identify the work and deviations associated with each of the three COC requests. Bertoni suggests a continuance, to allow the applicant time to provide the Commission with more information about each request and the reasons why the deviations were necessary. Patrowicz explains that the only work performed under this application was the removal of Japanese knotwood, and that in his mind this OOC was essentially superseded by the OOC under DEP File #5- 1345. Patrowicz offers to revise the cover letters to reflect this information. Redmond: Motion to continue the request for a Certificate of Compliance for 37 Paine Avenue, DEP File 95-1331,to the meeting on February 4, 2025. Charles seconds. Bertoni takes a roll call vote. Motion carries (7-0). iii. New: 37 Paine Avenue,DEP File#5-1345 Scott Patrowicz and Tom Saltsman are present on behalf of this request. Patrowicz shares site plans which demonstrate that in addition to the leaching chambers, a terrace garden which was not part of the approved plan, was added next to the pool area. Saltsman gives an overview of the leaching chambers and how the engineers calculated the amount of runoff that runs into the drains. Saltsman states that the leaching chamber system has a much higher capacity to collect runoff and has the benefit of not placing nearby trees at risk. Bertoni and Buchsbaum advise that the applicant should file a revised COC request for this. The amended request should clearly differentiate between this item and the #5-1331 request and provide a more thorough explanation of the deviations, the reasons why they were necessary, and any supporting calculations that might be necessary. Patrowicz and Saltsman agree to do so. Buchsbaum: Motion to continue the request for a Certificate of Compliance for 37 Paine Avenue, DEP File 95-1345 to the meeting on February 4, 2025. Charles seconds. Bertoni takes a roll call vote. Motion carries (7-0). The Commissioners discuss the correct procedure to follow with respect to these two interrelated applications. 2 City of Beverly Conservation Commission January 14,2025 Meeting Minutes Page 3 of 14 Redmond notes that the as-built site plan includes a note referring to a"leaching system installed per permit." Patrowicz clarifies that this note refers to a different leaching system than the one that was added as a deviation. Redmond requests for the two leaching systems to be distinguished in the revised filing, and Patrowicz agrees to do so. iv. New: 37 Paine Avenue,DEP File#5-1347 Scott Patrowicz and Tom Saltsman are present on behalf of this request. Patrowicz explains that an OOC was issued on November 24, 2021,to repair a hole in the masonry stone seawall, to repoint the existing seawall and retaining walls, to resurface the existing concrete patios and steps, and to perform associated site work and landscaping. Patrowicz explains they plugged the hole with boulders and cement and that it was fixed in a timely manner. In response to questions about equipment used in construction, Patrowicz states that patching the front of the wall did require the workers to go inside the resource area, but they tried to do as much of the work as possible from land. Saltsman explains that some workers were on foot in the lower resource area, but no machinery was placed there and a crane operated only from above. Field Inspector White confirms that he visited the site on December 12, 2024. White states that the work appeared to be completed in accordance with the approved plan, and the site appeared stable. Bertoni asks if the applicant has a Chapter 91 license for the seawall, and Patrowicz replies that they have not yet applied for a license but they are putting together the paperwork. Bertoni encourages Patrowicz to move forward with the licensing application. Buchsbaum: Motion to issue a complete Certificate of Compliance for 37 Paine Avenue, DEP File #5-1347, under the Wetlands Protection Act and Beverly's Wetlands Ordinance, with perpetual and special conditions as discussed in this meeting. Redmond seconds. Bertoni takes a roll call vote. Motion carries (7-0). v. New: Hickory Hill Way(f.k.a. 20,30 &40 Webster Avenue),DEP File #5-1237 Bob Griffin of Griffin Engineering is present on behalf of this request. Griffin explains that an OOC was issued on May 2, 2018,to construct a private Open Space Residential Development(OSRD) roadway, now known as Hickory Hill Way,with associated underground utilities, stormwater management features, site grading, landscaping, barn demolition, and trail realignment. The road services 3 single family houses, 2 subdivisions, and 5 condominium units. Griffin states that most of the construction was performed outside the buffer zones to Bordering Vegetated Wetlands (BVW). Griffin shares site plans and states that the work was done in compliance with the approved plan, with the following deviation: The owner of 2 Hickory Hill Way independently built a small landscape retaining wall, approximately 21 feet long and 2 feet tall, which is in the buffer zone to the BVW. Griffin states that the wall has no significant impact on the resource areas, noting that there have been no signs of erosion since it was built and that the grading allows for more groundwater infiltration. 3 City of Beverly Conservation Commission January 14,2025 Meeting Minutes Page 4 of 14 Bertoni requests a revised version of the as-built plan that identifies the 50-foot No Build Zone (NBZ). Griffin agrees to provide a revised plan. White states that he conducted a site visit on December 23, 2024, and it appeared that all work was completed in conformance with the approved plan, aside from the new retaining wall. Redmond: Motion to issue a Complete Certificate of Compliance for Hickory Hill Way, DEP File #5-1237, under the Wetlands Protection Act and Beverly's Wetlands Ordinance, with perpetual and special conditions as discussed. Buchsbaum seconds. Bertoni takes a roll call vote. Motion carries (7-0). vi. New: 19 Western Avenue,DEP File#5-1095 Bill Manuell of Wetlands and Land Management is present to discuss this request. An OOC was issued on April 24, 2013, to remove an above-ground pool, restore the pool footprint with loam and seed, and replace a section of concrete in the back yard with an addition with a frost wall foundation and concrete slab on grade. Manuell explains that the applicant recently discovered that this OOC was never closed out, and confirms that work was done in substantial compliance with the approved plan. Manuell shares the as-built site plan and explains that the addition was built roughly 1 foot smaller than approved and with a stoop and steps down to grade off the addition, which was not on the approved plan. With this change,the as-built project is 31 square feet larger than the approved project. Manuell states that the stoop and steps are made of wood and do not add any impervious surface. White states that he conducted a site visit on January 3, 2025, and observed that the work was completed in accordance with the approved plan, aside from the deviation Manuell discussed. Bertoni requests a revised version of the as-built plan that identifies the 50-foot No Build Zone (NBZ). Manuell agrees to submit a revised plan. Duffy: Motion to issue a Complete Certificate of Compliance for 19 Western Avenue, DEP File 45-1095, under the Wetlands Protection Act and Beverly's Wetlands Ordinance, with perpetual conditions as discussed in this meeting. Charles seconds. Bertoni takes a roll call vote. Motion carries (7-0). vii.New: 11 Webber Avenue,DEP File #5-1351 Property owner Andrew Defranza is present on behalf of this request. Defranza explains that an OOC was issued on December 14, 2021, for the construction of a 170 square foot two-story addition to an existing house. Defranza shares the as-built plans and states the work was completed in substantial compliance with the OOC and approved plan, and the grass has been replanted and has grown back. White confirms that he conducted a site visit with the applicant on January 9, 2025 and that he did not observe any nonconformities or deviations. 4 City of Beverly Conservation Commission January 14,2025 Meeting Minutes Page 5 of 14 In response to questions about roof runoff, Defranza states that the existing runoff is handled by gutters and this project did not involve adding any new runoff features. Buchsbaum: Motion to issue a Complete Certificate of Compliance for 11 Webber Avenue, DEP File 45-1351, under the Wetlands Protection Act and Beverly's Wetlands Ordinance, with perpetual conditions as discussed in this meeting. Charles seconds. Bertoni takes a roll call vote. Motion carries (7-0). b) Extensions to Orders of Conditions i. New: 2 Thaxton Road,DEP File#5-1359 Justin Galui,property owner, is present. Galui explains that an OOC was issued on March 28, 2022 for the construction of an in-ground pool, patio, paver walkways, gravel area with firepit, fencing, 8x10- foot shed, two 1,000 gallon drywells, and native landscaping. Galui explains that construction is done, but he is requesting to extend the OOC by 1 year to March 28, 2026, to allow time to source and plant native plants for the mitigation planting areas, which they plan to complete in the spring of 2025. Galui states that since the OOC includes a 2-year survivorship requirement, he is hoping the Commission will grant a partial COC in the spring once the mitigation planting is finished. Redmond: Motion to extend the Order of Conditions for 2 Thaxton Road, DEP File 95- 1359, under the Wetlands Protection Act and Beverly's Wetlands Ordinance, to March 28, 2026. Duffy seconds. Berton takes a roll call vote. Motion carries (7- 0). 3) Recess for public hearings Charles: Motion to recess for public hearings. Buchsbaum seconds. Bertoni takes a roll call vote. Motion carries (7-0). 4) Notices of Intent/Abbreviated Notices of Intent/Requests for Amended Orders of Conditions/Abbreviated notices of Resource Area Delineations a) Cont.: 0 Trask Lane,DEP File #5-1428 - Construction of 6 residential apartment buildings and associated infrastructure-Corcoran Trask Lane LLC Spidaliere explains that at the meeting on December 17, 2024, the Commission continued this matter to allow time to receive comments from the independent peer reviewer,Meridian Associates. Spidaliere states that the Commission received an initial comment letter from Meridian on January 6, 2024, which has also been provided to the applicant. The applicant has requested a continuance to the meeting on February 4, 2025, to allow more time to review the comment letter. Spidaliere adds that he asked Meridian to attend the February 4 meeting as well. Redmond: Motion to continue the hearing for 0 Trask Lane, DEP File 95-1428, to the meeting on February 4, 2025. Charles seconds. Bertoni takes a roll call vote. Motion carries (6-0). Bertoni notes that Commissioner Hall is ineligible to vote. 5 City of Beverly Conservation Commission January 14,2025 Meeting Minutes Page 6 of 14 b) Cont.: 5 Curtis Point, DEP File #5-1427 — Seawall bulkhead—Carmen L. Pope Trust Spidaliere explains that the applicant is requesting a continuance to the meeting on February 4, 2025. Redmond: Motion to continue the hearing for 5 Curtis Point, DEP 95-1427, to the meeting on February 4,2025. Squibb seconds. Bertoni takes a roll call vote. Motion carries (6-0). c) Cont.: 68 Paine Avenue,DEP File #5-1429—Demolition of portion of existing home and build new home further from water—Christopher Velonis Bill Manuell of Wetlands & Land Management is present on behalf of this request. At the meeting on December 14, 2024,the Commission continued this matter to allow Manuell time to respond to comments from MassDEP. Manuell shares his screen and explains that MassDEP provided a list of comments for the applicant to address: • Provide sections and try to characterize the extent of the primary frontal dune and landward extent of the secondary frontal dune, using land date,borings and examinations. o Manuell explains that Griffin Engineering assisted in compiling the requested data. Manuell shares charts of the sections, explaining that they found evidence of a classic primary frontal dune and a possible secondary dune. Manuell points out that historic GPS mapping from pre-1945 shows that the secondary dune area may once have been a marsh. However, they also found sand accumulation and bed rock in the area. • Conduct subsurface soil examinations. o Manuell states that the examinations have been completed, as requested. • Provide a profile of the site, illustrating existing residents, proposed structures, existing and proposed grades. o Manuell states that the profile has been provided to MassDEP, as requested. • The use of pervious pavers in dunes should be avoided. o Manuell explains that they prefer to use the pervious pavers, but if necessary they are open to adjusting the pavers as a condition of approval. Manuell discusses the possibility of using crushed shells, which have a higher frictional surface area that helps to slow down flooding. • Demonstrate how the redevelopment of the site will result in a net improvement to the conditions of the primary and secondary dunes. o Manuell states that as he has previously explained, this is a resiliency project with a tremendous amount of mitigation built in. The intent is to allow a primary frontal dune to form naturally, and sand will no longer be returned to the seawall area. They are also removing impervious area and revegetating approximately 4000 square feet of lawn and plan to allow the sand to deposit naturally with the hope that the area will turn into a naturally vegetated secondary dune. Manuell notes that the owner is taking these steps proactively in the face of rising sea levels and storm intensity, and states that this may serve as a good model for other beachfront homeowners to follow. 6 City of Beverly Conservation Commission January 14,2025 Meeting Minutes Page 7 of 14 In response to questions, Manuell clarifies that the applicant has submitted to the Commission and MassDEP an existing conditions plan and a project proposal plan, as requested. Manuell explains that the applicant is meeting performance standards, which includes an allowable amount of encroachment into the riverfront area. Buchsbaum and Manuell discuss the thickness of the peat layer. Duffy asks for information about how people will access the path leading from the house to the cabana area and down to the beach, the size of the path, and what the applicant plans to do to maintain the path. Chris Velonis, the property owner, states that the location of the path changes from time to time, because when a storm hits the beach it moves around sand and changes the landscape. Velonis clarifies that it is just a walking path, not intended for parking or vehicles. The Commissioners and Velonis discuss options related to conditioning the size and permissible use of the path. Bertoni opens the discussion to members of the public. There are no public comments. Squibb: Motion to close the hearing for 68 Paine Avenue, DEP File 95-1429. Redmond seconds. Bertoni takes a roll call vote. Motion carries (6-0). d) Cont.: 58 South Terrace,DEP #5-1432 —Install a pier with float and boulder embankment improvements—Ralph Puopolo Bob Griffin of Griffin Engineering is present on behalf of the property owner. At the meeting on December 14, 2024,the Commission continued this matter to allow the applicant time to respond to comments from MassDEP. Griffin shares a revised site plan, which includes two transects along the Coastal Bank, as requested by MassDEP. Griffin explains that no changes were necessary to the top of the Coastal Bank line, and there were no changes to the existing grades. Griffin states that there was a site visit on December 7, 2024. The Commissioners express that there are no other outstanding issues related to this project. Bertoni opens the discussion to members of the public. There are no public comments. Buchsbaum: Motion to close the hearing for 58 South Terrace, DEP 95-1432. Redmond seconds. Bertoni takes a roll call vote. Motion carries (6-0). e) Cont.: Multiple Addresses,DEP File #5-1409 — City-wide Beach Management Plan —City of Beverly Spidaliere explains that the City of Beverly has retained DeRosa Environmental to handle the Beach Management Plan, but due to illness, DeRosa has not had time to prepare a proposal for today's meeting. The applicant is requesting a continuance to the next meeting on February 4, 2025. Duffy: Motion to continue the hearing for the Beach Management Plan, DEP File 45- 1409, to the meeting on February 4, 2025. Buchsbaum seconds. Bertoni takes a roll call vote. Motion carries (6-0). 7 City of Beverly Conservation Commission January 14,2025 Meeting Minutes Page 8 of 14 f) Cont.: 4 Haskell Avenue to 15 Holly Lane, DEP File#5-1433 —Install a yard drain and a new drain line—John Hurley Spidaliere explains that the applicant is asking for a continuance to the next meeting on February 4, 2025, to allow time to submit detention pond drainage calculations and address public comments from the last meeting. Duffy: Motion to continue the hearing for 4 Haskell Avenue to 15 Holly Lane, DEP File 95-1433 to the meeting on February 4, 2025. Buchsbaum seconds. Bertoni takes a roll call vote. Motion carries (6-0). g) New: 19 Western Avenue,DEP File#5-1434—Perform home renovations and additions — Henry & Sara Ruiz Spidaliere reads the legal notice. Bill Manuell of Wetlands & Land Manegement is present to discuss a proposed second floor, addition, deck, and driveway extension to an existing single family house lot. Manuell shares site plans and explains that the proposed work is to take place within the 100-foot buffer to BVW,with some of the proposed work within the 50-foot No Build Zone. The addition to the first floor will have a frost wall foundation with a concrete slab. There is also a proposed infiltration trench in the rear yard to alleviate an ongoing mud problem. Manuell states that the trench will be filled with crushed stone and will accept rainwater and snow melt. Manuell states that a covered entryway and stoop with steps to grade were inadvertently left off the proposed plan submitted to the Commission, and agrees to provide a revised plan. Most of the new deck will be located where the existing deck currently sits, with added impervious encroachment of roughly 92 square feet. The infiltration trench will create 105 square feet of surface water infiltration. Manuell states that there are no proposed mitigation plantings for this project. In response to questions about stormwater runoff, Manuell states that there are gutters in the back yard that drain to the surface, and the proposed stone trench is designed to enhance passive infiltration. Manuell clarifies that they are not proposing any change in grade. Bertoni opens up the discussion to members of the public. There are no public comments. Redmond: Motion to close the hearing for 19 Western Avenue, DEP 45-1434. Duffy seconds. Bertoni takes a roll call vote. Motion carries (7-0). h) New: 16B Bay View Avenue,DEP File #5-1435—construct an addition with associated paver terrace, in-ground pool, and landscape improvements—Thomas Doherty Spidaliere reads the legal notice. Bob Griffin of Griffin Engineering is present on behalf of the property owners. Griffin shares site plans and explains that this NOI is for an addition to an existing carriage house on the property, a new pool,pervious paver patio and terrace, and landscape 8 City of Beverly Conservation Commission January 14,2025 Meeting Minutes Page 9 of 14 improvements. Griffin states that the proposed work will take place within Land Subject to Coastal Storm Flowage and the Buffer Zone to a Coastal Bank. Griffin provides specifications for the house addition, noting that 1,160 sq feet of the addition falls within the 100-foot buffer zone and that roof runoff for the addition and deck will be directed into drywells. A pervious paver terrace is proposed below the deck, as well as a 10-foot wide by 22-foot long in-ground pool and associated 650 square foot pervious deck. The pool is proposed to be enclosed by a fence for safety purposes. Griffin discusses mitigation plans for this project, which include native plantings of shrubs and trees and dedicated restoration areas. Griffin states that a landscape plan was included in the application. Griffin states that the net increase in impervious surface within the NDZ and NBZ is 180 square feet and the proposed mitigation within the NDZ and NBZ is 915 square feet. Buchsbaum and Griffin discuss moving or not including the pool, in order to keep the construction out of the NBZ. Griffin states that they did discuss relocating the pool, but the architect believes it is not possible to move it any further from the coast. In response to questions about grading and fill, Griffin states that they are not making large grade changes, but are trying to create some flat areas. There will be some fill brought in,but not a large amount. Bertoni expresses concern about erosion from the proposed perimeter fence that extends nearly to the top of the Coastal Bank. Griffin shows photographs of the area,which he describes as rocky, and proposes that the fence may benefit the resource area, as it will keep people and objects from encroaching onto the Coastal Bank. Griffin agrees to talk to the owner about moving the fence further from the Coastal Bank, if possible. Spidaliere states there are three open expired OOCs for this property that the Commission should address,under DEP Files 95-1024, #5-1176, and 95-1232. Griffin agrees to look through the old OOCs to find out if additional work is needed to close them out, and to see if they will impact the work proposed for this project. Bertoni opens the discussion to members of the public. There are no public comments. The Commissioners schedule a site visit for Sunday, January 26, 2025 at 9:00 a.m. Redmond: Motion to continue the hearing for 16B Bay View Avenue, DEP 95-1435, to the meeting on February 4, 2025. Charles seconds. Bertoni takes a roll call vote. Motion carries (7-0). 5) Reconvene Regular Meeting Squibb: Motion to reconvene the regular meeting. Redmond seconds. Bertoni takes a roll call vote. Motion carries (7-0). 6) Enforcement Matters/Potential Violations 9 City of Beverly Conservation Commission January 14,2025 Meeting Minutes Page 10 of 14 a) Enforcement Orders i. Cont.: 11 & 13 Bay View Avenue—Kenyon & Amanda Kellogg Bob Griffin of Griffin Engineering is present on behalf of the property owners. The Commission previously issued an EO requiring dune grass plantings to be completed on this property by November 30, 2024. At the last meeting on December 17, 2024,the Commission voted to issue an amended EO requiring the property owners or Griffin to attend today's meeting to provide a full update on the restoration plan. Griffin shares photographs of the property and explains that the dune grass plants were transferred, but the planting density is currently less than the 1 plug per square foot required by the Commission. Griffin states that some of the plants were smothered by a recent storm. Griffin states that the property owners are willing to plant more dune grass in the spring if necessary. The Commissioners and Griffin discuss watering or fertilizing of the dune grass. Buchsbaum: Motion to amend the Enforcement Order for 11 & 13 Bay View Ave. to require additional dune grass plantings and an updated planting report to be submitted by April 1, 2025, to be discussed at the meeting on April 8, 2025. Redmond seconds. Bertoni takes a roll call vote. Motion carries (6-0). Redmond: Motion to continue the Enforcement Order for 11 & 13 Bay View Ave. to the meeting on April 8, 2025. Duffy seconds. Berton takes a roll call vote. Motion carries (6-0). b) Potential Violations i. Cont.: 5 Cherry Road—Cloutman Real Estate Trust Property owner Jay Wessell is present. On December 11, 2024, Spidaliere sent Wessell a potential violation notice to address potential unpermitted yard grading performed within Riverfront Area. At the meeting on December 17, 2024, the Commission voted to continue this matter, requiring Wessell to cease and desist from any further activity within the Riverfront Area and scheduled a site visit to assess the unpermitted work that had been done. Bertoni states that at the site visit she observed that a substantial amount of fill was brought to the area, vegetation was removed from the front lawn, a tree was removed from the yard, and the back yard was graded with a grade change of 14-20 inches. No fill reached the stream and there is a stockade fence at the back of the property. Wessell states his agreement that the grading was brought too high, and suggests removing fill to bring the grade down to make it uniform with the abutting properties. Wessell states that he plans to loam the whole yard and he is open to planting trees in the front yard. Wessell states that the removed tree was diseased and half dead. They intend to landscape the entire property and replace the fence because the existing fence on the property line is in disrepair. Bertoni states that replacing the removed tree with a native tree seems appropriate, but advises that Wessell will need to submit a restoration plan explaining his proposal for returning the property to its prior condition, including plans for removing fill, loaming, and tree planting. Bertoni explains that 10 City of Beverly Conservation Commission January 14,2025 Meeting Minutes Page 11 of 14 other projects such as replacing the fence, installing a new patio, or other landscaping, would need to be addressed separately in a new filing to the Commission. The Commissioners and Wessell discuss the preparation of a restoration plan. Wessell agrees to submit the plan before the next meeting. Bertoni advises Wessell that he is not permitted to perform any additional work on the property in the meantime. Buchsbaum: Motion to issue an Enforcement Order for 5 Cherry Road requiring submission of a restoration plan by January 28, 2025, to be discussed at the meeting on February 4, 2025. Duffy seconds. Bertoni takes a roll call vote. Motion carries (6-0). 7) Old/New/Other Business a) Expenditure Approvals i. Conservation Agent December mileage - $8.78 ii. Conservation Field Inspector December mileage - $28.21 Squibb: Motion to approve the December Conservation Agent mileage reimbursement in the amount of$8.78 and December Conservation Field Inspector mileage reimbursement in the amount of$28.21. Buchsbaum seconds. Bertoni takes a roll call vote. Motion carries (7-0). Commissioner Hall leaves the meeting. 8) Orders of Conditions a) 68 Paine Avenue,DEP File #5-1429 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 Beach and BVW 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. Sediments shall be removed from the barriers as soon as they reach a depth of 6-inches. 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. 5. Storage of construction materials and dumpster shall be located on existing paved areas or outside the resource areas. 6. Mitigation plantings shall exhibit 75% survivorship for not less than two growing seasons after their installation. A complete Certificate of Compliance shall not be issued until said survivorship is verified. 11 City of Beverly Conservation Commission January 14,2025 Meeting Minutes Page 12 of 14 7. Further alteration within the mitigation area and dune enhancement areas is prohibited, except as may be required to maintain the area in its mitigated condition. This condition shall survive in perpetuity beyond the issuance of a Certificate of Compliance. 8. The proposed foundation and dwelling shall be built in compliance with the requirements of the Massachusetts Uniform Building Code (780 CMR 120.G501) and the Federal Emergency Management Agency (FEMA) as they relate to construction within the 100-year coastal floodplain. 9. Materials for the driveway shall be crushed shell or gravel which is the appropriate size so as not to compact to an impervious state. 10. No vehicles are permitted on the footpath except for emergency vehicles. 11. An annual monitoring report shall be submitted to the Conservation Agent by December 31 each year for five (5)years from the issuance of this Order of Conditions to report on the progress of the dune enhancement. Photo documentation and aerial photographs shall be included in the annual reports. Buchsbaum: Motion to issue an OOC for 68 Paine Avenue, DEP File #5-1429, under the Wetlands Protection Act and the Beverly Wetlands Ordinance,with the special conditions discussed in this meeting and general and perpetual conditions. Duffy seconds. Berton takes a roll call vote. Motion carries (6-0). b) 58 South Terrace,DEP File #5-1432 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. A minimum of 2.5 feet between the bottom-most horizontal member of the float and the mud flat surface shall be maintained even with any float foot settling. 2. Should any part of the pier, gangway, or float be damaged, dislodged and/or washed away,the owner shall be responsible for recapturing and collecting said material for proper disposal. This condition shall survive in perpetuity beyond the issuance of a Certificate of Compliance. 3. Watercraft of any kind shall not be allowed to ground out at low tide. This condition shall survive in perpetuity beyond the issuance of a Certificate of Compliance. 4. Personal watercraft shall be stored on the float or pier. This condition shall survive in perpetuity beyond the issuance of a Certificate of Compliance. 5. The float and gangway shall be placed seasonally and shall be moved and stored outside flood zone for winter storage and before major storm events. This condition shall survive in perpetuity beyond the issuance of a Certificate of Compliance. 6. Construction of the pier is to be accomplished by working out from and upon completed portions of the pier. No heavy construction equipment,vehicles or barges are permitted on the tidal flat during construction of the pier. Alternatively, construction may be accomplished from a barge operating in at least two feet of water. The barge shall not be permitted to ground out at low tides. 7. Any demolished materials, excavated soils, or other related debris shall be immediately removed from the site for appropriate disposal. 8. When mechanical equipment is being used, contractors shall keep hazardous material spill containment kits on-site in case of a release of oil, gasoline, or other toxic substances. 12 City of Beverly Conservation Commission January 14,2025 Meeting Minutes Page 13 of 14 9. The use of timbers pressure treated with A.C.Q. (Alkaline Copper Quats), C.CA (Chromated Copper Arsenate) or the equivalent is permitted as construction material. Creosote treated timber is prohibited. Wood preservative must be dry before any treated wood is used in construction. 10. Dredging is neither proposed nor permitted in this filing. Buchsbaum: Motion to issue an OOC for 58 South Terrace, DEP File 95-1432,under the Wetlands Protection Act and the Beverly Wetlands Ordinance, with the special conditions discussed in this meeting and general and perpetual conditions. Redmond seconds. Bertoni takes a roll call vote. Motion carries (6-0). c) 19 Western Avenue,DEP File #5-1434 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 along the edge of the down gradient side of the project area prior to construction as depicted on the approved site plan. 2. All areas disturbed during construction shall be immediately stabilized against erosion and revegetated with appropriate fast growing erosion control species or native plants. 3. All demolished materials, excavated soils, or other related debris shall be stored or stockpiled outside jurisdictional resource and buffer zone areas, if not immediately removed from the site and shall be removed and appropriately disposed of off-site. 4. Storage of construction materials and dumpster shall be located on existing paved areas or outside the resource areas. 5. The use of timbers pressure treated with A.C.Q. (Alkaline Copper Quats) or the equivalent is permitted as construction material for the deck. Creosote treated timber is prohibited. Wood preservative must be dry before any treated wood is used in construction. 6. Crushed stone shall be placed beneath the deck. 7. There shall be no storage of materials, including but not limited to furniture or gas-powered equipment, beneath the deck. Duffy: Motion to issue an OOC for 19 Western Avenue, DEP File 95-1434, under the Wetlands Protection Act and the Beverly Wetlands Ordinance, with the special conditions discussed in this meeting and general and perpetual conditions. Redmond seconds. Bertoni takes a roll call vote. Motion carries (6-0). 9) Approval of Minutes a) December 17, 2024 The Commissioners review and offer edits to the December 17, 2024 draft meeting minutes. Charles: Motion to accept the December 17, 2024 meeting minutes, as amended. Redmond seconds. Bertoni takes a roll call vote. Motion carries (6-0). 13 City of Beverly Conservation Commission January 14,2025 Meeting Minutes Page 14 of 14 Bertoni notes that the final draft of the City's hazard mitigation plan is ready. Bertoni asks if it is available to the public and Spidaliere states he is not sure but will look into it. 10) Adjournment Squibb: Motion to adjourn. Duffy seconds. Berton takes a roll call vote. Motion carries (6-0). Meeting adjourns at 10:20 p.m. The next regular meeting of the Conservation Commission is scheduled for Tuesday, February 4, 2025 at 6:30p.m. 14