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08_23_2022 Cons Com Minutes - final Beverly Conservation Commission August 23,2022 Meeting Minutes Page 1 of 8 CITY OF BEVERLY PUBLIC MEETING MINUTES BOARD OR COMMISSION: Beverly Conservation Commission SUBCOMMITTEE: DATE: August 23, 2022 LOCATION: Virtual Meeting Access Only via Google Meet MEMBERS PRESENT: Chair Christine Bertoni, Vice Chair Robert Buchsbaum, William Squibb, Amber Redmond,Meghan Jones MEMBERS ABSENT: OTHERS PRESENT: Victoria Healey RECORDER: Naomi Moca 1. Chair Bertoni calls the meeting to order at 7:08 p.m. and reads the public notice regarding holding meetings remotely due to Covid-19. 2. Old/New/Other Business a. Cont.: 23 Whitehall Circle, DEP File#5-1370 Proposed amendment to relocate Limited Public Access Easement granted to the City of Beverly Conservation Commission by Manor Homes Development, LLC, in an Amended and Restated Conservation Restriction and Limited Public Access Easement, and to additionally review a proposed Estoppel Certificate certifying compliance with all obligations stated in the Conservation Restriction. Miranda Siemasko of Glovsky & Glovsky on behalf of purchasers of 23 Whitehall Circle requests approval and signing of amendment and estoppel approving and confirming no defaults on land restriction. Bertoni states the development is subject to conservation restriction by Conservation Commission and Beverly Conservation Land Trust. There was an amendment to the CR in 2012 regarding the relocation of the public access way, but the CR was never amended and recorded at the Registry of Deeds. All parties plus the City Solicitor must sign the amendment. Buchsbaum asks who actually currently owns land. Miranda states is currently is owned by Manor Homes Development, LLC. Buchsbaum asks if Manor Homes Development, LLC owns the whole property, not just the right of way. Miranda confirms they own the whole property, but that this request is just about the right of way. Bertoni says Darlene Wynne of the City Planning department confirmed that a public way sign was installed at this revised location. Siemasko requests approval of the amendment and estoppel certificate. The Amendment has already been voted on previously. Bertoni observes that the final amendment has a plan attached to it. Siemasko shows a map of the 5' wide walkway easement. Buchsbaum moves to approve the alternative/amended conservation restriction as well as Bertoni signing estoppel certificate. Seconded by Squibb. Bertoni takes a roll call vote. Motion passes 4-0 [Meghan Jones missed this vote] Beverly Conservation Commission August 23,2022 Meeting Minutes Page 2 of 8 3. Recess for Public Hearings Sqiubb moves to recess for public hearings. Seconded by Redmond. Motion passes 4-0. [Jones missed this vote.] 4. Notice of Intent/Abbreviated Notices of Intent/Requests for Amended Orders of Conditions a.New: 6 Morningside Drive,DEP File 1372. Healey reads the legal notice. George Zambouras, engineer representing property owner Edvaldo Moura Da Silva, is present to discuss construction of an in-ground pool,patio, garage addition, and associated site work. The filing is for an inground pool NOI to deal with pool and construction of patio, fencing, minor grading, and removal of pine trees. Zambouras states that fill was deposited on the site. Lot 71T was created in 1967. Rear and west of property line are located at the beginnings of the Miles River, a perennial stream. The wetlands, river front, and land are subject to flooding. Zambouras states that the FEMA flood elevation is 38. The Commission agrees with the applicant that a Commission site visit should be scheduled. Zambouras says that by his calculations, 900 cubic feet is flood storage feet lost by this project, but that there is a net gain of 30 cubic feet. Bertoni asks where the project is located on the property, and Zambouras shows a diagram. Bertoni ask where precisely the compensatory flood storage is and Zambouras explains that part of it is below the project and some alongside of it. Bertoni says Engineering dept will have to take a look at it. Buchsbaum asks how cut-and-fill works. Zambouras explains that cutting down along house side, and filling on the westerly side, minimizes the amount of volume he is filling in the land subject of flooding. Buchsbaum asks if the pool is part of the flood mitigation. Zambouras says no and that he used the regulation to calculate and that the project is not taking any flood storage capacity away. Bertoni asks for clarification on what the existing"open basement" on the property is. Zambouras states it is done and signed off so he recommends asking the Building Department about it. Squibb asks about the deck's location in the plan. Zambouras says that there something buried underground preventing building the deck closer to house,but regardless,he would still have to do a cut-and-fill. Buchsbaum asks if the whole area will be flooded if there is100-year storm event. Zambouras says yes because the surface of pool is at elevation at 36.3 feet, 100-year flood event is at 38 feet per FEMA calculations, so the pool would be underwater. Pervious pavers mitigate up to about 50-year storm. Members of public questions: Michael Maselbas: abutter, resident at 8 Morningside Drive asks how many trees will be removed and if it will it affect the water table. Zambouras says he plans to remove 5 pine trees to minimize pine needles and sap falling in the pool, and it will not affect the water table. Maselbas asks if the trees are important to the wetland and Zambouras says he is adding plantings. Maselbas states that trees scatter sunlight and provide shade and their removal Beverly Conservation Commission August 23,2022 Meeting Minutes Page 3 of 8 may prevent a vernal pool. Zambouras says there will still be plenty of trees providing shade, and there are no vernal pools in the area. Maselbas asks if the digging will alter the course of stream and Zambouras states it will not alter course of stream. Bertoni adds that this issue will be addressed in the site visit. Maselbas asks if the project will create flooding. Berton states that it will have to meet requirements for compensatory flood storage using engineering calculations. Maselbas asks if the 150 CULTEC recharger for the project is a chamber used for a leach field. Zambouras says chambers used by CULTEC are plastic with holes in bottom and sides, identical to septic chambers, but it will be used to infiltrate water coming from roof, not for any septic purposes. Bertoni adds that the chamber will be addressed in site visit. Paul Denapoli, resident of 20 Morningside Drive asks if Miles River dredging would eliminate a lot of flooding in the area. Denapoli states a lot of his property is underwater much of the year. Bertoni states that dredging is not proposed in this project. Denapoli states he is concerned project will add to this flooding situation. Bertoni states that the project will have to meet requirements for compensatory flood storage. Bertoni says he can ask Jenna for it. Members, Zambouras, and Da Silva schedule site visit 8/27/2022 8 a.m. Da Silva consents to members of public being allowed on property for site visit. Squibb moves to continue the hearing to the September 20, 2022 meeting. Seconded by Buchsbaum. Bertoni takes a roll call vote. Motion passes 5-0. b.New: 40 Dunham Ridge,DEP File#5-1373. Healey reads the legal notice. Construction of a new 160-unit housing development with associated appurtenances—40 Dunham OC LLC c/o One Circle Co.,represented by Lauren Jezienicki, the applicant and founder of One Circle. Caitlin Glass, civil engineer of VHB Environmental presents a proposed age 55+, 160-unit development, including parking spots and a buffer from the wetlands. Klaire Gubler, wetland scientist, presents her findings on the location and surrounding area. Caitlin Glass addresses existing storm water management, existing drainage, and proposed drainage, presenting a device location plan. Submitted for site plan review. Bertoni states that a site visit may be needed. Buschbaum asks if there are potential vernal pools on the site and Gubler answers no. Buchsbaum asks if there will be work within 100 feet, and Glass confirms that there will not. Miranda Siemasko of Glovsky & Glovsky clarifies that the area was developed as a condominium and thus for zoning purposes is considered one lot in its entirety. Buildings are separate units within the condominium. Previous orders of condition were thus applicable to the entire property. Siemasko states that VHB, is the civil engineer for this project. Buchsbaum asks if there really are no potential vernal pools and Gubler explains that further visits in the spring will be needed to be sure. Buchsbaum asks with regard to the 160 units, if the number of surface parking spaces,plus parking garage, is considered a lot of parking. Jezienicki clarifies that it is not styled as a retirement community,just age 55 and over, and that based on related data, 1.3 parking spaces per unit was calculated. Buchsbaum asks if a shuttle or busing service will be an offered amenity, and Jensigijkci says no. Squibb asks how big are individual units. Jezienicki states that the Beverly Conservation Commission August 23,2022 Meeting Minutes Page 4 of 8 average is1000 square feet. They will be mostly 1 to 2-bedroom units, and a total 3 3-bedroom units. Bertoni asks if ORAD has expired or extended, and whether delineation is needed again. Gruber states that the research was conducted in July and thus she will need to revisit in the spring. Chris Nowak of Glovsky & Glovsky states he is not sure if ORAD is expired. Siemasko does not believe it has been extended. It was identified as a no disturb zone based on actual habitat. Berton states this definition was imposed on the Conservation Commission as a compromise based on a former definition of vernal pool. Squibb asks if the project will have green roof or a solar plan. Jezienicki states that"passive house certification" is being explored. It entails insulation, solar, regenerative energy, HVAC efficiency, and generally designing to a very high standard so it is hard to achieve that certification. They are also pursuing a FitWell certification, which includes the health of building, air quality, natural light, and access to outdoor space. They are working with Arena sustainability on options for composting and bike parking. Buchsbaum asks if the Conservation Commission approved moving the road closer to 128. Jezienicki says that yes, the road was shifted south and east. Site visit scheduled for 8/27. Squibb moves to continue the hearing to the September 20, 2022 meeting. Seconded by Buchsbaum. Bertoni takes a roll call vote. Motion passes 5-0. 5. Reconvene Regular Meeting Squibb moves to reconvene the regular meeting. Seconded by Buchsbaum. Bertoni takes a roll call vote. Motion passes 5-0. 6. Requests for Determination of Applicability New: 5 Nicole Avenue.Healey reads legal notice. Retaining wall installation by Scott and Nancy Keaton. Healey legal notice. Scott Keaton explains that the retaining wall is to correct erosion down toward wetlands. A pool was installed and leveled off, so they plan to extend the level area and then secure the erosion with a retaining wall. Bertoni asks how the retaining wall will help erosion. Keaton states the plan to fill it in so that it will be level and create a 3-level yard, then place plants to help with runoff. Bertoni asks if the plants will help infiltrate runoff and prevent erosion. Keaton answers yes. Bertoni asks who is lined up to do this work. Scott answers that they are waiting for permission to do this project first. Buchsbaum asks where the no disturb zone is. Keaton states that the proposed wall will be will be 30-33 feet away from wetland, outside the 25 foot no disturb zone. They also plan to extend the existing wall. Meghan Jones says that a color copy delineating the zones is on file. Bertoni states that erosion controls are required prior to construction, the Keatons must use only clean fill, and that after the work's completion, they must stabilize disturbed soil, remove yard waste pile to the compost site on Stanley Street. Condition in perpetuity. Minimum 5 native wildlife or pollinator-friendly plantings. Buchsbaum moves to issue negative 3 determination. Seconded by Redmond. Bertoni takes a roll call vote. Motion passes 5-0. b.New: Beverly Harbor kelp grow line installation. Healey reads legal notice. Hilary Davis and Ronald MacNeill, Jr. request for determination of applicability for growing kelp in Beverly Harbor. Davis and McNeil Jr. are present to propose the installation of experimental kelp grow lines. They have obtained a research permit to grow kelp using 2 200-foot lines, attached to Beverly Conservation Commission August 23,2022 Meeting Minutes Page 5 of 8 existing moorings as anchors. They are in contact with Woods Hole. The growing season is November through April so it will not interfere with the boating season or mooring occupants. The grow lines will be located away from eel grass beds. They hope to develop a more extensive operation in the future. Davis and MacNeill are in contact with the Jubilee Yacht club and Beverly Harbormaster. They will be testing lighting, water conditions, and any variability between the 2 grow lines. The proposed site is off Tuck's point. Kelp as a farming crop requires no fertilizer, no water, and takes up nitrogen and carbon, thus cleaning the water. Kelp has multiple uses from carbon capture all the way to being a clean food source. On a larger scale, it will help in combating climate change, and replenish natural kelp stocks in New England that are declining. They hope to re-seed the ocean with kelp. Buchsbaum asks where they are source kelp seed. MacNeill states that Woods Hole will provide seed native to MA, on this side of Cape Cod, thus ensuring it is not an invasive species. Davis explains that Gabe Lundgren division of Marine Fisheries suggested sourcing seed from Maine, then directed them to Woods Hole hatchery source. They hope to possibly create their own hatchery source in the future here in Beverly. MacNeill explains the proposed site is Beverly Harbor because they spoke with a man in Manchester-by-the-Sea who lost his grow line equipment in storms the last 2 seasons, so the Harbor is ideal because it will be a protected location from turbulence. Buchsbaum asks who they are working with in Woods Hole. Davis states Scott Lindel and David Bailey. Davis says there is a lot of opportunity to partner with Salem State and Salem Sound Coast Watch. Davis asks if Conservation Commission sees no obstacle, does the Mayor's office recommend to division of marine fisheries, then site visit, then core of engineers, and then site visit? Ideally, they would like to seed it before winter. Bertoni asks what is the resource that the request will be based on, such as land under water or the existing moorings. Buchsbaum compares the concept to a mussel farm on line. Bertoni tells Davis there is no need to go through the Mayor's office for chapter 91 but they should get approval from the Planning Board. Bertoni suggests Coastal Zone Management may be of help and explains that a research permit is needed only if taking samples. Berton asks if sugar kelp is native to New England and Davis answers yes. Bertoni states the conditions of the determination are that they coordinate the location of line installation with the Beverly Harbormaster, file notice of approval for full project, using only buoys installed on moorings,not to interfere with eel grass beds, and remove lines by April 30 2023. She explains that permitting by Conservation Commission does not imply permissions by other boards or commissions as appropriate. Squibb moves to issue negative 2 and negative 3 determination. Seconded by Redmond. Motion passes 5-0. 7. Requests for Certificates of Compliance a. Cont.: :14 Bay View avenue,DEP File#5-1183. Property owner Kevin Puopolo is requesting a certificate of compliance to remove trees,replant, and install stone rip rap for coastal bank stabilization. Devon Morse representing Hancock Associates explains that the revision will add on coastal bank landscape plantings, and that they have adopted the 50 foot no build zone, and added deviation notes. 5 perpetual conditions will be on the certificate of compliance. Squibb asks if the property is being sold. Morse says no. Bertoni states that the work that was completed will be noted in the certificate of compliance. Buchsbaum moves to issue a Beverly Conservation Commission August 23,2022 Meeting Minutes Page 6 of 8 complete certificate of compliance,noting the work that was done and not done, and including the perpetual conditions. Seconded by Redmond. Motion passes 5-0. b. New: Certificate of compliance 36 Kennel Hill Drive,DEP File#5-1254 Construction of an above ground swimming pool with associate deck, fencing and wetland restoration. Raymond West, property owner, is present and states that an above ground pool was built in 2018 and that he planted the bushes as requested. He would like to sell the house but realized he has not completed all the work and did not yet get the certificate of compliance for all the work. Jenna Pirrotta conducted a site visit and observed all the conditions were met except for the wetland seed restoration. West has not re-seeded yet, but he sent the receipt to Pirrotta for seeds he has ordered. Buchsbaum asks for clarification if there is an above ground pool. West states yes. Bertoni asks if West has seeded yet. West explains he has not done it yet, he has only ordered the seeds. Bertoni expresses concern about the growth period and time for the plants to naturalize so she not ok with as-built plan. She is reluctant to accept waiver providing an as-built plan. Squibb asks when West will be selling the property. West states it is not on the market yet,pending the Conservation Commission's decision. Buchsbaum agrees with Bertoni from the standpoint of consistency with other requests. Bertoni tells West to get the seed established and to create a no- mow area. Bertoni proposes to continue to the next meeting pending receipt of new information as discussed. Squibb moves to continue to September 20, 2022 meeting. Seconded by Buchsbaum. Motion passes 5-0. 8. Old/New/Other Business Requests for minor modification to order of conditions. a. Cont.: 16 fosters point,DEP File 35-1304. Julie Tsakirgis, property owner, is present and states that she has added plantings and pavers as order and clarifies the locations of the plantings. Buchsbaum states that the plan was to put pavers between 2 plot lines and asks if the pavers are the same size as before. Tsakirgis states they are the same size. Bertoni states that per order of conditions plan, pavers must be permeable and pervious with gaps between pavers. Bertoni asks for clarification on what the minor modification request is for. Squibb states that the pavers were what the objection was at the last meeting. Tsakirgis states that she has moved the pavers back from the location on previous plan. Bertoni states that the original conditions are in effect,plus minor modification that stipulate the paver patio be installed so it is pervious and not within the 25 foot no disturbance zone. Redmond, referring to minutes from last meeting, states that pervious pavers means they have gaps between them. Tsakirgis agrees with that definition, and that they are different pavers from the original plan. She clarifies that they are special ordered pervious pavers, as defined. Bertoni proposes adding a minor modification to the condition and making it a perpetual condition as well. Redmond asks Tsakirgis why she chose those plantings and Tsakirgis says they are nice by the water. Bertoni clarifies that they are regular landscaping plants, in areas located within the pavers. Bertoni checks if Tsakirgis plans to let the plantings grow naturally and Tsakirgis states there will be lawn mowing maintenance. Redmond states that if plants were meant for mitigation, she would like Tsakirgis to swap them out for more native plants. Jones clarifies it was not mitigation/native in the minutes from the last meeting. Buchsbaum clarifies that the planned plantings are not native species. Bertoni recommends native plants, such as highbush Beverly Conservation Commission August 23,2022 Meeting Minutes Page 7 of 8 blueberries,to add habitat value and still look nice. Bertoni request subbing different native plants, and work that out with Pirrotta, such as native viburnum instead of Korean. Tsakirgis will work out a final plant list with Pirrotta to have more native shrubs and plants. Bertoni summarizes that the minor modification is to move the patio away from the no-disturb zone, add pervious pavers, and swap in more native plantings. Tsakirgis will not have to file an amendment as it will be dealt with as a minor modification. Buchsbaum moves to approve the change with conditions. Seconded by Redmond. Motion passes 5-0. 9. Enforcement matters a. New: 973 Hale Street restoration plan in response to enforcement order.Mary Rimmer of Rimmer Environmental Consulting is present to discuss the proposed project. At this location, the boulder garden remains and Rimmer plans to remove portions of platform deck totaling 178 square feet. Rimmer proposes moving the deck sufficiently back from the wetland edge. Everything exposed will be seeded with a coastal seed mix and bayberry. This will accomplish getting it off the resource. A letter was submitted to the file form Joan Mullen, the property owner, describing the history of the area as being a garden, and that the landscaper's original intent was to keep the phragmites at bay. Rimmer explains the vegetable garden is dry laid stone terracing and all organic with no pesticides used, and that it will remain untouched. Rimmer agrees with the platforms being removed but is not proposing removing the tree house. Buchsbaum observes that some native wetland plants may colonize the area once the platforms are removed. Rimmer suggests an interim inspection to ensure that all parties are in agreement that the platform is pulled back sufficiently to expose the wetland boundary. The Committee discusses with Rimmer that A5-A10-11 will be removed. The Committee discusses either doing an amended enforcement order and approving the plan, or determining whether to continue with the updated restoration plan. Rimmer states that she will revise the plan and re-submit it including regular cutting of phragmites. Rimmer will give it to the Conservation Commission by 10/11/22, 7 days prior to the 10/18/22 meeting. Buchsbaum moves to amend enforcement order. Seconded by Squibb. Motion passes 5-0. b.New: Enforcement order, 16 Branch Lane. Frank Post from EA Engineering, retained by property owner, is present to discuss the order along with Alex Patterson, a wetland biologist. Surveyor Dana Perkins will pick up the flagging from the site. The cease and desist enforcement order is dated 8/17 with GIS markup of what was observed. Post states that the restoration plan is to delineate resource areas,place erosion controls on the Upland side, install plantings, add demarcations of buffer zones, among other things. The property owner was order to cease and desist any activity affecting the buffer,provide the Conservation Commission with plans to install erosion controls, engage a wetland professional, and provide a restoration plan. Today's business is to ratify the enforcement order and determine the date for the restoration plan to be provided to the Conservation Commission. The restoration plan is due to the Conservation Commission on 9/13, 7 days prior to the next meeting on 9/20/22. Patterson states that the wetland flags were hung this week and that he will provide a conceptual plan with wetlands delineation and narrative describing what was found,what was done, and the direction of the work going forward. Post and Patterson agree. Beverly Conservation Commission August 23,2022 Meeting Minutes Page 8 of 8 Modification to enforcement order: conceptual restoration plan and progress report with issuing authority shall be filed on or before 9/13/22. Squibb asks the for the number of COCs outstanding (three): Dep file 5-305, 5-429, 5-427, all related to 16 Branch and all expired. Squibb moves to the amend enforcement order restoration plan by 9/13/22 to a conceptual restoration and progress report. Seconded by Buchsbaum. Motion passes 5-0. 3. Cont.: 17R Webber Avenue,DEP File #5-1350. As the property owner is not able to attend this meeting, the agenda item will continue to the September meeting. The enforcement order was issued for violating the order of conditions such as an unpermitted structure. Solutions are needed, such as a rain garden because at this time pipes are emptying onto the bank. There will be no action until 9/20/22 meeting. 10. Tree Removal Requests,If Any a. 10 Tall Tree Drive Kate Martens, the property owner, explains that a beaver chewed the base of the tree, creating a fall risk. Martens placed caution tape in the area for visitors to Fox Hill. Martens has consulted an arborist(Cicoria Tree),who recommended removal of the tree, thus the request is for whole tree removal despite its location on the riverfront. Buchsbaum moves to approve the tree removal request. Seconded by Squibb. Motion passes 5-0. b. 100 Hull Street Dodge Tree submitted a removal application for a hazardous beech tree. Whether it can be mitigated by changing structures will be discussed at the 9/20/22 meeting. 11. Expenditure Approvals,If Any The commission reviews the request by Jenna Pirrotta for mileage reimbursement for travel for Conservation Commission business for July and August totaling $45.34. Squibb moves to approve expenditures. Seconded by Redmond. Motion passes 5-0. 12.Approval of Minutes August 2,2022 Members review and offer edits to the draft meeting minutes. Buchsbaum moves to approve the minutes from the August 2, 2022 meeting, as amended. Seconded by Squibb. Bertoni takes a roll call vote. Motion passes 5-0. 13.Adjournment Redmond moves to adjourn. Seconded by Squibb. Motion passes 5-0. The next regular meeting of the Conservation Commission is scheduled for Tuesday, September 20, 2022.