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09_20_2022 Cons Com Minutes - final Beverly Conservation Commission September 20,2022 Meeting Minutes Page 1 of 12 CITY OF BEVERLY PUBLIC MEETING MINUTES BOARD OR COMMISSION: Beverly Conservation Commission SUBCOMMITTEE: DATE: September 20, 2022 LOCATION: MEMBERS PRESENT: Chair Christine Bertoni, Vice Chair Robert Buchsbaum, William Squibb, Amber Redmond MEMBERS ABSENT: Meghan Jones OTHERS PRESENT: Victoria Healey RECORDER: Naomi Moca 1. Chair Bertoni calls the meeting to order at 7:05 p.m. and reads the public notice regarding holding meetings remotely due to Covid-19. Bertoni moves to end meeting at 10:30p.m. Bertoni takes a roll call vote, as there is a quorum, and all are in favor. Buchsbaum suggests moving quickly through items that will require a site visit. Recess for Public Hearings 2. Notice of Intent/Abbreviated Notices of Intent/Reguests for Amended Orders of Conditions a. Cont.: 40 Dunham Ridge,DEP File# 5-1373.—construction of a new 160-unit housing development with associated appurtenances —40 Dunham OC LLC c/o One Circle Co. Klaire Gubler, wetland scientist, Christopher Nowak,VHB civil engineer, and Caitlin Glass, wetland scientist, are present in addition to Lauren Jezienicki, the applicant. Gubler shares buffer zone impacts slides and photos of the existing buffer zone, stating that there will be no disturbance of the buffer zone. Bertoni clarifies that it is in fact the 100-foot"no disturb zone buffer."Nowak states they have met the criteria for a waiver within the supplemental memo provided and cites the bylaw that allows the Commission to make the decision as to the habitat value. Buchsbaum asks if there is access to Mary Rimmer's report on the vernal pool. Gubler states that there was no certification done on the vernal pool, and Nowak states that there was no habitat assessment done. Bertoni states that for the purposes of the project, it is being treated as a potential vernal pool regardless, and that certification may happen later. Buchsbaum moves to close the hearing, Redmond seconds. Bertoni takes a roll call vote. Motion passes 4-0. Beverly Conservation Commission September 20,2022 Meeting Minutes Page 2 of 12 b. New: 19R and 21 Linden Avenue,DEP File #5-175—construct a patio with associate stairs and landscape walls and re-construction of stairs to an elevated deck at 19R Linden Avenue and landscaping improvements at 19R and 21 Linden—Frederick and Joy Doyle. Healey reads the legal notice. Bob Griffin of Griffin Engineering presents on behalf of the applicant. He presents slides with aerial photos, describing the 100-year flood zone, 100-foot no disturb zone, and 100-foot mean high water, and states that the site is within Commission jurisdiction. The applicant would like to eradicate invasive species from the slope, use a non- selective herbicide, pull plants manually, and manage regrowth of invasive species regularly. The applicant is requesting removal of a black cherry tree that is in poor condition. All other trees would remain. The upper level planting bed would be considered independently of slope plantings. The applicant proposes to convert the lawn to a paver patio (615 square feet of permeable pavers), and reconstruct the stairs due to building code compliance issues. Laura Rutledge will be the landscape architect. Bertoni asks if grading will be changed in the area, and Griffin states that the only change will be to make the patio level. Bertoni asks if new material will be brought in to accomplish that, and Griffin states that a small amount of aggregate will be needed, but it will not change the elevation. Squibb asks if there is a wall running at the base. Griffin states that there is rip rap that will not be altered. Buchsbaum asks for runoff comparison between the lawn and the permeable pavers. Griffin states that the permeable pavers will reduce runoff and that the roof is directed into drywells, and there are no existing signs of erosion. Buchsbaum ask if per the Coastal Bank whether the site a sediment source. Griffin says yes, but it is not changing characteristics, and in fact there will be improvement of habitat value with plants that Rutledge has chosen. Buchsbaum expresses concern regarding erosion. Member of the public Suzie Lamont asks what type of trees, and height of canopy. Griffin states that Rutledge has proposed red cedar and maple. Site visit scheduled for Sunday, October 2 at 8 a.m. The owner consents to members of the public attending the site visit. Buchsbaum moves to continue. Redmond seconds. Bertoni takes a roll call vote. Motion passes 4-0. c. New: 40 Pickman Road,DEP File #5-1374 —Construct a new single-family house with associated appurtenances —Robert and Mary Giunta. Healey reads the legal notice. Bill Manuell of Wetlands & Land Management, Inc.presents on behalf of the applicant. The lot is newly created, one lot away from the beach, and adjacent to an intermittent stream that empties into the beach. There is a fringe of bordering vegetated wetland. The applicant would like to clear trees, and the wood will be used as firewood or chipped. The project entails digging the foundation, carpentry work, and stabilizing the house. The owner plans to plant a privacy hedge with native plantings for screening. Manuell emphasizes the Beverly Conservation Commission September 20,2022 Meeting Minutes Page 3 of 12 distance from the coastal bank and that there will be erosion control in place to prevent sediment runoff. Squibb asks if clear-cutting the lot is planned, and Manuell says that the trees between the road and the 25-foot no-disturb zone. Bertoni states that it will be considered at the site visit whether there will be preservation of the canopy, and asks if they project will enhance or increase natural habitat. Manuell states that the planned hedges are evergreen and deciduous, providing avian sanctuary. Bertoni confirms that there is 2,929 square feet of impervious surface, and mitigation of 1,900 square feet native plantings. Squibb asks what the semi-circle of the property line is in the image, and Manuell explains that it is a terrace feature. Member of the public Jeremy Schley Johnson asks if the 25-foot no disturb line means that no work to the wetland side of the trees will be done. Manuell confirms that that is what the line means. Manuell states that it is a buffer-zone only project. Site visit scheduled for Sunday, October 2 at 8:45 a.m. Redmond moves to continue the hearing to October 18, 2022. Squibb seconds. Bertoni takes a roll call vote. Motion passes 4-0. Reconvene Regular Meeting 3. Requests for Determination of Applicability a. New: 36 Cornell Road—Install a temporary pool with associated stone wall and a small deck. Also, to renovate existing deck—Danielle Baker. Healey reads the legal notice. Property owner Danielle Baker states that all the work will be outside the 50-foot no build zone. The stone wall will not be on the wetlands, it will be facing the house. The project includes replacing the existing deck. Bertoni clarifies that it is an above- ground pool. Baker states that the stone wall is for decorative purposes. Baker states that the site is not within a FEMA flood zone. Bertoni ask if it is within the wetland zone. Baker states yes, and that at the time of purchasing the house, it had a delineation done. The maps are included in the application. Berton clarifies where the isolated wetland is located. Redmond asks pool size. Baker states that it will be 15x30 feet on top of pervious pavers, 20 inches below ground level. It is an above ground pool, but it will be placed a couple feet into the ground. Redmond asks if the yard is sloped, and Baker states that yes, it is sloped and that is the reason for placing the pool into the ground. Bertoni asks the square footage of the impervious deck and Baker states 15x8 feet. Buchsbaum and Squibb express desire for a clearer site plan of the pool project than the sketch that is included. Berton asks if the IVW local ordinance provided delineation to Healey. Baker states that it was provided, and that she can provide it again. Berton asks what will happen to the excavated material, and Baker states that it will be put in a Dumpster. Buchsbaum asks for the Beverly Conservation Commission September 20,2022 Meeting Minutes Page 4 of 12 location of the wall, and Baker states it is between the pool and the house, and that there is no single contractor with a site plan. Squibb states that the Building Department will need a site plan as well. Buchsbaum and Bertoni agree that a site visit is not necessary. Baker states whether the wall will be made of dry stone has not been determined. Buchsbaum moves to continue hearing to October 18, 2022. Redmond seconds. Bertoni takes a roll call vote. Motion passes 4-0. b. New: 313 Hale Street—remove existing overgrown vegetation and lawn and landscape with garden and water features —Gregory Power. Healey reads the legal notice. Property owner Gregory Power states that the yard has not been maintained for decades, apart from cutting grass. Power proposes clearing vegetation, including two yew trees, and planting vegetable gardens. Power proposes clearing invasive plants such as day lilies, and installing a self-contained water feature that is basically a birdbath. Powers proposes cleaning under the deck and closing one side that is directly under a sunroom, which will not alter drainage, and clearing the patio. At the present time, the deck drains onto a permeable patio. Power proposes clearing vegetation on the side yard, including one yew tree, and planting native plants. Power wants to rebuild an existing stone wall along the property line with Endicott college. Power states that Rick Gagnon is amenable to that plan. Bertoni asks where the delineation is found on the map and Power states that it is along the 25- foot delineation touching the rightmost post on the existing deck. Powers states that the previous owners installed the fence and removed one tree, and that the birdbath will be filled with rainwater only. Bertoni clarifies with Power that there will be no pump or mechanism in the water feature. Bertoni asks how many trees will be removed, and Powers says 3 yews and 2 black cherries will be removed. Bertoni asks where the wall is located on the plan included, and Power states that the wall is not depicted on the plan. Squibb asks if the wall goes through a wetland, and Powers says that it does, but that part will not be touched. Bertoni asks which invasive plants will be removed, and how. Power states honeysuckle, vines, and other invasive vegetation. Squibb asks how the fence was built through the wetland. Power does not know since the previous owner had the work done, and it was approved by the Commission in July 2018 as an order of conditions. Redmond asks if the water feature is inground. Power states that it will be a bird bath on top of the ground. Buchsbaum and Bertoni agree that a site visit is necessary. Bertoni emphasizes the need for a clearer site plan. It falls under the delineation of local ordinance and not the Wetlands Protection Act. Site visit scheduled for Saturday, October 15, 2022 at 10 a.m. Buchsbaum observes the proposed planting includes cranberry viburnum and notes that it gets clobbered by invasive beetles. Beverly Conservation Commission September 20,2022 Meeting Minutes Page 5 of 12 Squibb moves to continue to October 18, 2022. Bertoni seconds. Bertoni takes a roll call vote. Motion passes 4-0. c. New: 10 Palmer Road— demolish and construct front stairs with added roof and mudroom addition—Jeffrey Viel. Healey reads the legal notice. Property owner Jeffrey Viel proposes work in the front yard of the property, including rebuilding the existing masonry stairs with a foundation and slab under them. In addition, Viel proposes to add a 2 '/2-foot addition toward the street for a mudroom-type area, needed for the day care business his wife runs at the house. A roof over the stairs is part of the proposal. A plot plan was submitted along with an architectural plan, including the delineation map provided by Bill Manuell. Manuell found a ditch behind the house that served as drainage for the wetlands and runoff from Beverly Hospital behind Viel's property. The stair construction will be within the 100-foot buffer of the wetlands. Viel states that there was a channel on a map of the property done in 2000, and a rock check dam directing water to Brimbal Ave, demonstrating that the water from the wetlands does not go in the direction of his property. Viel states the land is also upstream of his property, hence the filing for an application of determination. Bertoni asks if Viel's property ever experiences flooding, and he states it never has. Bertoni asks whether the project is within the 100-foot buffer, and Viel is unsure. Bertoni asks if the neighboring PVC pipe is visible, and Viel states that he has never seen water in it, and that the ditch is dry,possibly due to the current drought. Bertoni states it is outside the jurisdiction of wetland protection, so asks for clarification on what the Commission is being asked. Manuell explains that the excavated ditch looks like a remnant feature from a flood control project in 2000 that redirected water down an excavated channel. There is a pipe inlet on the corner of the property that looks like there has been no flow in a long time, but it was best practice to apply to the Commission to determine. The work will be on the opposite side of house from the ditch. Manuell is of the opinion that a negative determination is appropriate. Buchsbaum asks whether Manuell is saying the negative determination should be based on it not being a wetland, or based on the project having no impact. Manuell clarifies it should be a negative determination based on no impact, since classifying whether it is still a wetland is too involved for the size of this project. Bertoni agrees it is too complex to pursue proving. Bertoni states that there needs to be erosion control, proper offsite disposal of excavated material,restoring of disturbed soil, and no grading. Redmond ask if Viel plans to do the work himself, and he states he will do the work himself as he is a contractor by profession. He states that when he pulled the building permit, the project was flagged by Jenna Pirrotta. Bertoni thinks there is no need for a site visit and Squibb agrees, since the work is to the front of the house. Buchsbaum emphasizes the need for erosion controls, stabilizing the soil, and no grading. Beverly Conservation Commission September 20,2022 Meeting Minutes Page 6 of 12 Buchsbaum moves to issue negative 3 with conditions discussed. Redmond seconds. Bertoni takes a roll call vote. Motion passes 4-0. d. 116 Livingstone Avenue— construct a new single-family residence with associated garage, driveway, utilities, and landscape improvements— Sunnybank Enterprises, LLC. Healey reads the legal notice. Bob Griffin presents on behalf of the applicant. In 2018 a project was filed and then was scaled back to a 2-lot subdivision, bringing the project to the present day. Griffin presents the 2020 site plan to extending Livingstone Avenue and construct 2 houses. In today's proposal there is a modification to Plot 2,making the house 10 feet wider so that now it encroaches on the 100-foot buffer zone to the inland bank of the intermittent stream. Erosion controls will be in place during the construction. He states the roadway was recently paved. A little bit of clearing will be required from 100-foot buffer zone line to the house. Squibb asks whether there was discussion of drainage ditch with the original project a few years ago. Griffin explains that the drainage is directed via Porter Street to the ocean. Bertoni asks if the 160 square feet of garage will be going into the 100-foot buffer. Griffin says yes. Bertoni asks how grading for the yard is going to be done? Griffin states that there will be minimal amount of fill used. Bertoni asks about flooding, and whether the project will be connected to water and sewer. Griffin states it will be connected to City sewer. Bertoni asks how many trees will need to be removed. Griffin states that there is debris in the area and is happy to remove it if the Commission requires it, and is not sure how many trees. Buchsbaum asks if there is a landscaping plan. Griffin states that there is no plan at this point, but there will probably be some foundation plantings along the front of the house. Griffin would be willing to add 500 square feet of plant bed in the back if required by the Conservation Agent. Griffin explains that Sunnybank Enterprises is a housebuilder, controlled by Albert Ellis of Gloucester, and the owner of the property is 7 Porter Terrace, controlled by Brian Marks. Marks is proposing to sell the lot to Sunnybank Enterprises, and Sunnybank will in turn sell the building. Bertoni confirms with Griffin that there is erosion control planned for the project. Bertoni asks if there is room for stockpiling as needed on site, and Griffin states that there is plenty of room in the front of the building for stockpiling. Griffin states it will be a 4-bedroom house. Bertoni asks if Commission members see a need for conservation markers and whether the canopy will be altered. Griffin is willing to place markers, and with regard to the canopy, states that there is mature vegetation throughout the area. He states that everything to the west of the 100-foot buffer zone has been cleared. Bertoni states there is also a planting plan for the site, and asks that the plantings lend enhancement to wildlife value. Buchsbaum moves to find a negative 3 determination for activity in the buffer zone with the conditions discussed. Squibb seconds. Bertoni takes a roll call vote. Motion passes 4-0. Beverly Conservation Commission September 20,2022 Meeting Minutes Page 7 of 12 e. New: 400 Hale Street— construct an electrical service conduit—Endicott College c/o Rob Gagnon. Healey reads legal notice. Charles Wear of Hancock Associates presents on behalf of the applicant. The site, on the Endicott college campus, is adjacent to Halle Library and across from Endicott Pond. Wear proposes to install an electrical conduit transformer in front of Halle Library, and a conduit along the front of the building, buried 2 feet deep under the walkway and running parallel to the walkway. Straw wattle will be used for erosion control and disturbed vegetation will be replanted. Wear states that he met with Jenna Pirrotta and she thought it was suitable for an RDA. Windover Construction will be managing the work. Bertoni asks if any trees need to be removed, and Wear states that the plan is to remove zero trees, since the project is in the heart of the campus which has recently been updated. The area will be closed for safety reasons, and disturbed soil will be return to previous conditions. Buchsbaum asks how deep the trench will be, and Wear states it will be 2 to 2 1/2 feet in depth, since the applicant is installing two 4-inch conduits. Buchsbaum asks about the ledge, and Wear states there is ledge in the area, and applicant is choosing this area strategically to avoid the ledge, as this particular site has already been proven to have no ledge. The Applicant does not plan to do any blasting. Kristan Farr is the environmental scientist on the project. The RDA conditions are that the limit of work boundaries will be staked, erosion control will be installed, disturbed soil will be restored, trench work will be closed at the end of each work day, and no blasting is permitted. Buchsbaum moves to find negative 3 determination for activity with conditions discussed. Squibb seconds. Bertoni takes a roll call vote. Motion passes 4-0. 4. Requests for Certificates of Compliance a. Cont.: 36 Kennel Hill Drive,DEP File#5-1254 Construction of an above ground swimming pool with associated deck, fencing and wetland restoration - Raymond West. Griffin presents on behalf of the applicant. The site is the at corner of Fieldstone and Kennel Hill. Griffin refers to previous 2018 conditions from the Commission and states that conditions have been satisfied. Griffin states that the deck project as constructed is smaller than originally approved. There is pea stone around the pool to absorb water. Bertoni mentions that conditions 33-37 are perpetual, and that special conditions 1, 3, 9-11 were made perpetual. Bertoni asks if there was a site visit with an Agent or someone acting as an Agent, Griffin states yes. Redmond moves to issue certificate of compliance with conditions. Squibb seconds. Bertoni takes a roll call vote. Motion passes 4-0. b. 16 Fosters Point,DEP File #5-819—maintain existing pier and construct gangway and floats in Salt Marsh of Danvers River—Julie Tsakirgis. Kristan Farr of Hancock Associates presents on behalf of the applicant. The project has been taking longer than expected. The salt marsh is healthy at this point. Pirrotta did a site visit and agreed the salt marsh was looking healthy and Farr states that it has filled out even more since Beverly Conservation Commission September 20,2022 Meeting Minutes Page 8 of 12 the visit. Berton observes that the restoration looks wonderful in comparison to the previous condition. Bertoni asks if the applicant is filing for chapter 91 license, and Farr says yes. Bertoni states there are no perpetual conditions from the order of conditions. The Commission discusses whether there were any perpetual conditions on the original order of conditions. Buchsbaum moves to issue a complete certificate of compliance with any perpetual conditions on the original, including providing the Chapter 91 license in the future. Redmond seconds. Bertoni takes a roll call vote. Motion passes 4-0. c. 3 Melvin Avenue,DEP File#5-982 —construct a building addition to a single-family dwelling with associated deck, driveway and landscaping—Paul Gareri. Bob Griffin presents on behalf of the owner, who is currently finalizing the sale of the property. The applicant filed a notice of intent in 2008, but no work was started at that time, so the applicant is requesting a certificate of compliance with no work(invalid order of conditions). Bertoni states that documentation of the final site inspection is required. Griffin proposes a certificate of completion be issued, subject to David Lang's inspection. Squibb moves to issue an invalid order of conditions, contingent on the final site inspection with a qualified agent from Beverly. Redmond seconds. Bertoni takes a roll call vote. Motion passes 4-0. 5. Old/New/Other Business 5a. Requests for Minor Modification to Order of Conditions i. 17R Webber Avenue,DEP File #5-1350 Jozef de Vries, owner, is following up from the site visit one month ago. Bertoni asks who consulted on the project, and de Vries states Essex Horticulture. De Vries proposes to install a geogrid around 4 perimeter feet, fill the grid openings with gravel, cover it with loam, and cover it with plantings. De Vries notes that even in the current state,there is no erosion, and very little vegetation, even with recent rain, and that everything is in place. De Vries states there are possible alternative locations for the dry well, one of which would be to place it parallel to the retaining wall. Berton asks if the geogrid is exposed, and de Vries explains that it stabilizes the ground, and directs water off the patio and walkway as it is filled with two layers, and then leaches into the soil. The geogrid will not be visible on the surface when the restoration work is done. De Vries is proposing a dry well system and geogrid to address the outflow of water. De Vries states that the dry well already in place. Bertoni asks what size dry well, and de Vries states it is 4 foot, but does not know the capacity. Squibb states that the Commission needs to know volume capacity to determine if it is sufficient. Bertoni asks if any downspouts are draining to the dry well. Redmond states that the Commission needs a statement of the dry well capacity in writing from the expert and de Vries states he will have Essex Horticulture submit a hard copy letter and a Beverly Conservation Commission September 20,2022 Meeting Minutes Page 9 of 12 .pdf as well. De Vries states that the continuation will cause the delay of the plantings, resulting in runoff and erosion. Bertoni points out that the order of conditions resulted from de Vries starting work without clearance, so the Commission is not to blame. Buchsbaum moves to continue to the October 18, 2022 meeting with a properly sized capacity for the drywell, in writing from a qualified expert. Redmond seconds. Bertoni takes a roll call vote. Motion passes 4-0. ii. 17R Webber Avenue,DEP File #5-1350,violation. Healey clarifies with Bertoni that a minor modification is part of the enforcement order, and it is continued. 5b. Enforcement matters i. 973 Hale Street restoration plan in response to enforcement order. The property owner is not present. Mary Rimmer mailed a revised restoration plan on 8/25/202. Bertoni recommends the Commission approve the revised plan and amend the enforcement order to include 8/24/2022 plan and 8/25/2022 Rimmer letter, as well as requiring a progress report due 12/15/22 and a final restoration implementation due 5/15/2023. Buchsbaum questions to lift enforcement order. Bertoni is of the opinion that it be amended until the work is done. Bertoni notes that per an email from the owner 9/19/2022, some of the restoration work, particularly in the nursery area, has already started. Squibb moves to amend the enforcement order. Buchsbaum seconds. Bertoni takes a roll call vote. Motion passes 4-0. ii. New: Enforcement order, 16 Branch Lane. Frank B. Postma, LSP, LEP, PG EA Engineering Science and Technology, Inc. presents with regard to activities near an intermittent stream. Alexander Patterson, wetland biologist at EA Engineering,has delineate wetland resource areas that are present. Based on site visit, resource area and the 100-foot buffer have been disturbed, and he prepared a progress report for the Commission. The restoration proposal involves undoing alterations done in the resource area and buffer zone, with the exception of the request by applicant for relief from re-vegetating in the 50- foot buffer zone, offering to donate the equivalent number of saplings to the city to be planted in the location of the city's choosing. The site surveyor stated last week that erosion controls have been placed at the site since the wetland delineation was conducted. Buchsbaum questions the motivation behind this project to begin with, and states that he finds the idea of donating samplings strange, and that he would rather see the site restored. Patterson states that prior to the alterations, the single-family residence is situated on a slope,with 200 feet of land occupied by BBW and the buffer zone, which was occupied by mature trees to the edge of the wetland. Patterson states that, in part,the project was to landscape the property to make it more appealing to the property owner. Patterson acknowledges that the sapling donation idea is Beverly Conservation Commission September 20,2022 Meeting Minutes Page 10 of 12 unorthodox, but the property owner wants the area to remain as lawn, and would like to offer a concession to the Commission for that permission. Bertoni states the proposal numbers 219 saplings, of the size compared to size of trees that were taken down. Bertoni questions whether the City can use 219, and is of the opinion that the City "tree guy" be consulted. Bertoni states that the Commission is open to the idea. Patterson says the trees may be of whatever species the City prefers,provided they are commercially available in the area. Buchsbaum asks if the 50-foot area is going to be lawn, and Patterson says that yes,it has largely been hydroseeded. Buchsbaum's response to 50 feet of lawn in the buffer zone is not positive. Bertoni advises that the applicant provide a restoration plan for the canopy,trees, soil, and check with the City to see how saplings proposal would go over. Buchsbaum comments that he is not sure what is on the other side of the buffer, so that should be included in the restoration plan. Squibb asks if what appears to be lawn the only existing lawn. Patterson states that there was already a lawn in place, and that the area cleared is between the edge of the wetland and the 100- foot buffer zone. Bertoni requests supplemental information due by the week prior to the next meeting, taking into consideration the holiday, so a deadline of October 7, 2022. Patterson is unsure if a plan can be submitted by then. Bertoni asks if the site is stable in his opinion. Patterson states that, based on his visit to the site and the plan from the surveyor, the site has erosion controls in place, but there are soils that need to be stabilized, and he questions what can be done at this time to remedy the site. Postma states that the site can be stabilized immediately as a stopgap until the restoration plan can be implemented, to buy some time for Patterson and Postma to develop and internally review the plan, and to have it approved by the property owner. Wednesday November 9, 2022 is the date for the November Commission meeting and the applicant has a deadline of November 2, 2022 to submit the restoration plan. Buchsbaum moves to amend the enforcement order and continue to the November 9, 2022 Commission meeting, with an interim report,monitoring, and installation of erosion control. Redmond seconds. Bertoni takes a roll call vote. Motion passes 4-0. iii. 62 South Terrace,DEP File #5-894,follow up. Amend enforcement order. Property owners Michael Burta and Maria Lagiudice are present and state there have been some delays with their contractor. Burta states they moved floats from the beach to the Danvers river and the Harbormaster informed them that the floats have to be gone by this fall. Burta requests the Commission's permission to bring floats onto beach to be cut up and thrown away, explaining that there is little vegetation since it is mostly rocky. Bertoni says the Commission is fine with that as long as it is disposed of properly. Bertoni moves to amend the enforcement order, with a completion of plan Nov 15, 2022. Seconded by Redmond. Bertoni takes a roll call vote. Motion passes 4-0. Beverly Conservation Commission September 20,2022 Meeting Minutes Page 11 of 12 5c. Expenditure Approvals,if any i. New: Sally Milligan RDA Legal Ad funding. Healey states that she spoke to Mass Trails and learned that the grant is not completely rejected at this time. The project is to connect Sally Milligan to a parking lot with a walkway with a stream-crossing bridge. The Open Space Recreation Committee is asking for financial help with the legal ad fees. Redmond moves to donate the funds to the Open Space and Recreation Committee to file the RDA and to pay the fee for the legal ad. Seconded by Buchsbaum. Bertoni takes a roll call vote. Motion passes 4-0. 5d. Tree Removal Requests,If Any i. 4 Canterbury Circle. Kathleen Salandrea, property owner, requests permission for the removal of two dead trees, a maple and a black locust tree. The arborist, Chris Cloutman from Dodge Tree, will flush cut and leave the stumps in place. Salandrea states that Jennifer Bean accepted the proposal, and the part- time Agent was on site to look at the trees. Buchsbaum moves to approve the tree removal. Seconded by Redmond. Bertoni takes a roll call vote. Motion passes 4-0. ii. 100 Hull Street Susan Purdy, property owner,requests to take down a beech tree that has been in declining condition since she purchased the house in 2018 and is now in dire condition. Dodge Tree has been consulted, stating that it has no canopy or leaves, and keeps dropping limbs, thus causing a concern for safety. It is not within the buffer zone, but is part of ongoing condition that the tree be maintained, and to come to the Commission if removal becomes necessary. Buchsbaum proposes replacing it. Purdy states that she has consulted with arborist and nurseries, and takes into condition the proximity to neighbors,full sun, and high-water level. Buchsbaum and Bertoni recommend river birch. Buchsbaum states red maple is a good option. Buchsbaum moves to approve the tree removal with standard conditions and a replacement planting. Seconded by Redmond. Bertoni takes a roll call vote. Motion passes 4-0. Purdy asks who to consult, and Healey suggests emailing the Conservation Commission email address in the absence of a Conservation Agent. iii. 181 Elliott Street- Cummings Center Damien Savoie of the Cummings Center is present. David Lang did a site visit last week, and all agree based on the photo and the visit that the tree is dead and hopeless. Buchsbaum moves to approve tree removal with standard conditions and replacement planting. Seconded by Redmond. Berton takes a roll call vote. Motion passes 4-0. Beverly Conservation Commission September 20,2022 Meeting Minutes Page 12 of 12 5e. Orders of conditions,if any i. 40 Dunham Ridge, DEP File#5-1373 Buchsbaum reads conditions. There is a September 13,2022 VHB memo stating there is no work proposed in the 100-foot no disturb zone. Chris Nowak of VHB clarifies that there is work proposed in 100 foot no disturb zone. The proposed sidewalk is in the 100-foot buffer. Buchsbaum moves to provide order of conditions as read. Seconded by Squibb. Bertoni takes a roll call vote. Motion passes 4-0. Adiournment Buchsbaum moves to adjourn. Seconded by Redmond. Bertoni takes a roll call vote. Motion passes 4-0. The next regular meeting of the Conservation Commission is scheduled for Tuesday, October 18, 2022.