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02.04.25 Minutes - final City of Beverly Conservation Commission February 4,2025 Meeting Minutes Page 1 of 9 CITY OF BEVERLY PUBLIC MEETING MINUTES BOARD OR COMMISSION: City of Beverly Conservation Commission DATE: February 4, 2025 LOCATION: Virtual via Google Meet MEMBERS PRESENT: Chair Christine Bertoni, Vice Chair Amber Redmond, Robert Buchsbaum, William Squibb, Eilidh Hall MEMBERS ABSENT: Grace Charles, Tara Duffy OTHERS PRESENT: Conservation Agent David Spidaliere 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) Tree Removals i. New: 331 Dodge Street Scott Lawson, son of the homeowner, is present. Lawson explains that this request is for the removal of 4 dead Ash trees infested with Emerald Ash Borer, to be removed using a bucket truck. The trees are all within 15 feet of the driveway, and 5-25 feet from an intermittent stream. Lawson explains that the homeowner is worried about the trees falling across the driveway and hitting a car or person. Spidaliere explains that Inspector Scott White inspected the site on January 10, 2025 and agreed that the proximity of the trees to the driveway presents a hazard to the property's entrance and egress. Buchsbaum and Lawson discuss replanting the area with native shrubs to help make up for the loss of vegetation. Lawson agrees to help his mother pursue replanting. Buchsbaum: Motion to approve the tree removal at 331 Dodge Street with the standard conditions under the Wetlands Protection Act and Beverly Wetlands Ordinance. Hall seconds. Bertoni takes a roll call vote. Motion carries (5-0). b) Certificates of Compliance i. Cont.: 1 Brookwood Road,DEP File #5-1061 Michael DeRosa of DeRosa Environmental is present on behalf of the applicant for this Certificate of Compliance (COC)request related to the mitigation of invasive species that have returned to the property. DeRosa shares site plans and explains his proposal to remove invasive species and replant shrubs and herbaceous material on the property. DeRosa expresses his hope that this work can be 1 City of Beverly Conservation Commission February 4,2025 Meeting Minutes Page 2 of 9 completed under a"friendly" Enforcement Order(EO). DeRosa agrees to submit a report certifying the completion of the mitigation work by July 1, 2025. Squibb: Motion to issue an Enforcement Order for 1 Brookwood Road, DEP File 45- 1061, accepting the mitigation plan present by DeRosa and to carry out the work proposed in the mitigation plan, as discussed in this meeting, to be implemented on or before July 1, 2025. Buchsbaum seconds. Bertoni takes a roll call vote. Motion carries (4-0, Hall abstains). ii. Cont.: 37 Paine Avenue,DEP File#5-1331 Scott Patrowicz, engineer for the applicant, is present for this COC 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. Patrowicz shares photographs and a revised cover letter, which is now limited to the only work completed under this OOC: the removal of Japanese knotwood. Spidaliere states that Scott White conducted a site visit and noted that all of the knotwood has been removed from the subject area of the property. Redmond: Motion to issue a complete Certificate of Compliance for 37 Paine Avenue, DEP File 95-1331, with the assigned perpetual conditions #35-39. Buchsbaum seconds. Bertoni takes a roll call vote. Motion carries (5-0). iii. Cont.: 37 Paine Avenue,DEP File#5-1345 Scott Patrowicz, engineer for the applicant, and Tom Saltsman, architect, are present for this COC request. Patrowicz explains that he submitted a revised cover letter and revised as-built plans, which demonstrate deviations from the approved plan that include a change in the location and dimensions of the pool, the installation of leaching chambers in place of the approved water quality swale, and the installation of an unpermitted terrace garden. Patrowicz shows photographs of the property and explains the reasoning for installing the leaching chambers and the features for capturing rainwater runoff on the property. Patrowicz and Saltsman agree to submit a revised as-built plan that identifies the leaching chambers and shows the complete footprint of the house and property features. Bertoni and Saltsman discuss existing irrigation on the property and the filing for a Chapter 91 license for a seawall on the property. Redmond: Motion to continue the request for a Certificate of Compliance for 37 Paine Avenue, DEP File 95-1345, to the February 25, 2025 meeting. Buchsbaum seconds. Berton takes a roll call vote. Motion carries (5-0). 3) Recess for public hearings 2 City of Beverly Conservation Commission February 4,2025 Meeting Minutes Page 3 of 9 The Commissioners recess for public hearings (5-0). 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 Miranda Siemasko, attorney for the applicant, and Joe Peznola of Hancock Associates, are present. Siemasko explains that independent peer reviewer Meridian Associates submitted an initial comment letter on January 6, 2025, and Hancock submitted a written response on January 21, 2025. Siemasko explains that the applicant recently requested a special permit from the Beverly Planning Board to reduce the parking requirements, which would reduce the proposed new impervious surface area of this project. Chris Ryan,peer reviewer from Meridian Associates, states that he has communicated with Peznola about issues that include the potential parking reduction, erosion control, infiltration systems, and soil testing. Bertoni, Ryan, and Peznola discuss the use of soil test logs and the Massachusetts Department of Environmental Protection (MassDEP) stormwater management requirements. The Commissioners and Peznola discuss the applicant's proposals related to retaining walls,leveling and blasting, removal of invasive species, and water treatment. The Commissioners discuss the remaining peer review budget. Siemasko states that the applicant is willing to replenish the peer review account, as necessary. Dan Bailey, an attorney for the applicant, states that the applicant is exploring the idea of a permanent conservation restriction on the undeveloped portion of the property. Siemasko adds that the applicant is interested in discussing the idea of the Commission co-holding such a restriction with a land trust. The Commissioners agree to discuss a conservation restriction during the next meeting. Bertoni opens the discussion to members of the public. Patrick Knight,neighboring property owner, asks whether the Commission's first choice for reducing the project's environmental impact would be a reduction in the overall size of the project. Bertoni explains that the Commissioners have previously raised this idea, but notes that parking reduction may be a more feasible approach for reducing environmental impact at this stage. Squibb: Motion to continue the hearing for 0 Trask Lane, DEP File 95-1428, to the February 25, 2025 meeting. Buchsbaum seconds. Bertoni takes a roll call vote. Motion carries (4-0,Hall abstains). b) Cont.: 5 Curtis Point,#5-1427— Seawall bulkhead— Carmen L. Pope Trust Spidaliere states that the applicant has decided to withdraw this Notice of Intent(NOI) application. No further action is required. 3 City of Beverly Conservation Commission February 4,2025 Meeting Minutes Page 4 of 9 c) Cont.: Multiple Addresses, DEP File #5-1409 — City-wide Beach Management Plan—City of Beverly Michael DeRosa of DeRosa Environmental, who has been retained by the City to work on the Beach Management Plan, is present. DeRosa shares maps and portions of the draft Plan, and explains that his team will be adding more details about planned maintenance activities, as requested by the Commission. DeRosa requests a continuance to the meeting on March 18, 2025, to allow time for his team to continue working on the Plan. Squibb: Motion to continue the hearing for the City Beach Management Plan, DEP File #5-1409, to the March 18, 2025 meeting. Redmond seconds. Bertoni takes a roll call vote. Motion carries (4-0, Hall abstains). d) 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 requesting a continuance to the February 25, 2025 meeting, to allow time to submit detention pond drainage calculations and address public comments. Redmond: Motion to continue the hearing for 4 Haskell Avenue to 15 Holly Lane, to the February 25, 2025 meeting. Squibb seconds. Bertoni takes a roll call vote. Motion carries (4-0,Hall abstains). e) Cont.: 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 owner. Griffin shares site plans and explains that this NOI is for an addition to an existing carriage house, a new pool,patio and terrace, and landscape improvements. The proposed work will take place within Land Subject to Coastal Storm Flowage and the Buffer Zone to Coastal Bank. Griffin states that after the Commissioners conducted a site visit on January 26, 2025, the applicant submitted revised plans to relocate the addition and pool 3 feet farther inland, reducing the proj ect's impact within the 50-foot No Build Zone (NBZ)by 125 square feet. The revised plan also removes the proposal to build a fence along the property line bordering the Coastal Bank. Griffin confirms that the applicant plans to file COC requests for three expired OOCs, DEP File 95- 1024, 95-1176, and 95-1232, and states that he does not believe these OOCs would prevent any of the new proposed work from going forward. Bertoni and Griffin discuss visual erosion at the top of the Coastal Bank and the property owner's proposal to add a 5-foot wide planting bed along the bank. Bertoni opens the discussion to members of the public. There are no public comments. 4 City of Beverly Conservation Commission February 4,2025 Meeting Minutes Page 5 of 9 Redmond: Motion to close the hearing for 16B Bay View Avenue, DEP #5-1435. Buchsbaum seconds. Bertoni takes a roll call vote. Motion carries (5-0). f) New: 40 Cliff Street,DEP File #5-1436—addition to existing single-family house—Michele & Frances Kershaw Spidaliere reads the legal notice. Jesse DeBenadictus and Lisa Speziale, contractors for the applicant, are present to discuss this NOI for an addition of a garage with living space above. Speziale and DeBenadictus explain that Robert Morini, wetlands scientist for the applicant, filed the NOI. Speziale explains that the applicant has decided to scale down the project based on concerns expressed by their neighbors. Instead of building a garage, the applicants now plan to extend the driveway and build a small mud room attached to the basement of the house. The footprint for the revised plan will be similar to the original plan, and will not require building any closer to the water. Bertoni explains that the alternatives analysis submitted with this NOI is inadequate, and that the Commission requires more information in order to make a decision about this request. Spidaliere instructs that the applicant should submit a revised site plan and alternatives analysis to the Commission by February 17, 2025, to be discussed at the next meeting on February 25, 2025. Bertoni opens the discussion to members of the public. Katy Darvishi, owner of 28 Linden Ave, asks for clarification about whether the garage will be built and whether the applicant plans to build anything that will obstruct the view from her property. DeBenadictus explains that the only construction will be a small mud room attached to the house. Bertoni notes that the Commission will be reviewing a more detailed site plan at the next meeting. Redmond: Motion to continue the hearing for 40 Cliff Street, DEP 95-1436,to the February 25, 2025 meeting. Squibb seconds. Bertoni takes a roll call vote. Motion carries (5-0). 5) Reconvene Regular Meeting Squibb: Motion to reconvene the regular meeting. Redmond seconds. Bertoni takes a roll call vote. Motion carries (5-0). 6) Requests for Determination of Applicability a) New: 5 Meeting Place Circle—Extend existing deck—Erin Reczek Spidaliere reads the legal notice. The applicant is not present to speak about this request. 5 City of Beverly Conservation Commission February 4,2025 Meeting Minutes Page 6 of 9 Squibb: Motion to continue the matter to the February 25, 2025 meeting. Redmond seconds. Bertoni takes a roll call vote. Motion carries (5-0). Homeowner Erin Reczek joins the call. Squibb: Motion to reopen the matter. Redmond seconds. Bertoni takes a roll call vote. Motion carries (5-0). Reczek explains that this application is for the extension of an existing uncovered deck attached to her house. There are 6 footings proposed, which will be poured concrete mixed by hand and dug with an auger. There is an existing paver patio that Reczek plans to leave as-is under the new portion of deck. Bertoni notes the following conditions for discussion: 1. All 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 appropriately disposed of off-site. 2. All materials shall be cut off-site or outside of the jurisdictional buffer zones. 3. 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. 4. All areas disturbed during construction shall be immediately stabilized against erosion and revegetated with appropriate fast growing erosion control species or native plants within thirty (30)days after construction is complete. 5. Erosion and sedimentation control devices shall be installed between the project area and the Intermittent Stream prior to construction. Squibb: Motion to issue a Negative 3 Determination for 5 Meeting Place Circle, under the Wetlands Protection Act and the Beverly Wetlands Ordinance, including the conditions discussed in this meeting. Buchsbaum seconds. Bertoni takes a roll call vote.Motion carries (5-0). 7) Enforcement Matters/Potential Violations a) Enforcement Orders i. Cont.: 23 Thoreau Circle—Robert Pemberton George Zambouras, engineer, Bill Manuell of Wetlands & Land Management, and property owner Robert Pemberton are present. Manuell shares site plans and photographs of the property and explains that this EO is for the clearing of vegetation and trees within Bordering Vegetated Wetlands (BVW) and associated buffer zones. Manuell states that the applicant has submitted a restoration plan, as required by the Commission,which proposes leaving one disturbed portion of the property to allow sweet gale plants to regrow on their own,planting 102 native shrubs in a separate disturbed area of the property, and leaving the stumps of the removed trees on the property with the hope that trees will regrow. The restoration plan also includes a monitoring and reporting protocol over the next two years. 6 City of Beverly Conservation Commission February 4,2025 Meeting Minutes Page 7 of 9 The Commissioners express the intent to conduct a site visit in the Spring or Summer. Manuell agrees to provide the Commission with a planting update in June or July of 2025. If the regrowth of vegetation does not occur naturally as he hopes, Manuell states that he will need to develop a contingency plan and amend the monitoring timeline. Buchsbaum: Motion to approve the restoration plan submitted to the Commission for 23 Thoreau Circle, as discussed in this meeting. Redmond seconds. Bertoni takes a roll call vote. Motion carries (4-0, Hall abstains). Redmond: Motion to amend the Enforcement Order for 23 Thoreau Circle to require the implementation of the restoration plan and submission of a report by July 15, 2025, to be presented at the meeting on July 22, 2025. Buchsbaum seconds. Bertoni takes a roll call vote. Motion carries (4-0, Hall abstains). ii. Cont.: 60 South Terrace—Paul&Natalie Gaudenzi Bob Griffin of Griffin Engineering is present on behalf of the homeowners,to address this EO related to unpermitted construction, including a large brick paver driveway extending from the front and side yard to a pier in the back of the property. Griffin shows site plans and explains that he submitted a restoration plan to allow for stormwater infiltration for the new impervious surface, as required by the EO. Griffin explains that the homeowners plan to collect runoff by installing two trench drains to pipe water into stacked drywells with a combined 1000-gallon capacity. Griffin estimates that this new infiltration system will have the capacity to capture at least 2-3 inches of rainfall. Griffin explains that he plans to dig a test pit in the Spring prior to ordering or installing precast structures. After the infiltration system is installed, he also plans to relocate a retaining wall that is encroaching slightly beyond the property line. Griffin estimates that all of the work will be completed by July of 2025. Commissioner Hall leaves the meeting. The Commissioners and Agent Spidaliere discuss procedural options for approving the restoration plan and retroactively permitting the driveway extension. Buchsbaum: Motion to approve the restoration plan submitted to the Commission for 60 South Terrace, as discussed in this meeting, and to amend the EO to require the restoration plan to be implemented by July 1, 2025. Squibb seconds. Bertoni takes a roll call vote. Motion carries (4-0). iii. Cont.: 5 Cherry Road—Cloutman Real Estate Trust Property owner Jay Wessell is present to address unpermitted yard grading performed within the 200- foot Riverfront Area. Wessell explains that he submitted a restoration plan to the Commission on January 23, 2025, as required under the EO. Wessell shows the plan and explains that the plan involves removing fill and returning the grade to its original state. The plan also includes plantings, to 7 City of Beverly Conservation Commission February 4,2025 Meeting Minutes Page 8 of 9 include four arborvitaes in the back yard and a spruce tree in the front yard, adding loam and seed throughout the property, and low-growing decorative plantings around the foundation of the house. The Commissioners instruct Wessell to work with Agent Spidaliere to identify appropriate native plants for the foundation plantings. Bertoni and Redmond recommend additional erosion control during the work. Wessell agrees to install staked erosion control along the chain link fence. Wessel states his intent to begin removing fill and regrading the yard as soon as the work is authorized, and agrees to complete the remaining plantings and seeding by April 29, 2025. Redmond: Motion to approve the restoration plan for 5 Cherry Road as discussed in this meeting, and to amend the EO to require implementation of the restoration plan by April 29, 2025. Squibb seconds. Berton takes a roll call vote. Motion carries (4-0). 8) Old/New/Other Business a) Expenditure Approvals i. Conservation Agent January mileage - $20.90 ii. Conservation Field Inspector January mileage - $19.83 Redmond: Motion to approve the January Conservation Agent mileage reimbursement in the amount of$20.90 and the January Conservation Field Inspector mileage reimbursement in the amount of$19.83. Buchsbaum seconds. Bertoni takes a roll call vote. Motion carries (4-0). 9) Orders of Conditions a) Cont.: 16B Bay View Avenue,#5-1435 —construct an addition with associated paver terrace, in-ground pool, and landscape improvements—Thomas Doherty 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. 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 construction activities shall be conducted from the landward side of the top of the coastal bank. No heavy construction equipment, vehicles or fill are allowed seaward of the limit of work area shown on the plan of record. 5. 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 February 4,2025 Meeting Minutes Page 9 of 9 6. Storage of construction materials shall be located on existing paved areas or outside the resource areas. 7. Mitigation plantings must be installed prior to the issuance of a Certificate of Compliance. 8. 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. 9. Further alteration within the mitigation and restoration areas is prohibited, except as may be required to maintain the areas in their mitigated or restored condition. This condition shall survive in perpetuity beyond the issuance of a Certificate of Compliance. 10. Continued maintenance of existing vegetation along the Coastal Bank shall be done by hand and shall only include pruning and trash removal. 11. If blasting is required as part of the construction process,the applicant shall return to the Conservation Commission with a request to Amend this Order of Conditions. Redmond: Motion to issue an Order of Conditions for 16B Bay View Avenue, 95-1435, under the Wetlands Protections Act and the Beverly Wetlands Ordinance, with the special conditions discussed in this meeting,in addition to the standard general and perpetual conditions. Buchsbaum seconds. Bertoni takes a roll call vote. Motion carries (4-0). 10) Approval of Minutes a) January 14,2025 The Commissioners review and offer edits to the January 14, 2025, draft meeting minutes. Redmond: Motion to accept the January 14, 2025,meeting minutes, as amended. Buchsbaum seconds. Bertoni takes a roll call vote. Motion carries (4-0). Spidaliere states that a proposal to extend the authorization for open meetings to be conducted virtually has been proposed by Governor Healy,but has not yet been approved. 11) Adjournment Redmond: Motion to adjourn. Squibb seconds. Bertoni takes a roll call vote. Motion carries (4-0). Meeting adjourns at 10:30 p.m. The next regular meeting of the Conservation Commission is scheduled for Tuesday, February 25,2025 at 6:30p.m. 9