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11_29_2022 Cons Com Minutes - final Beverly Conservation Commission November 29,2022 Meeting Minutes Page 1 of 8 CITY OF BEVERLY PUBLIC MEETING MINUTES BOARD OR COMMISSION: Beverly Conservation Commission SUBCOMMITTEE: DATE: November 29, 2022 LOCATION: MEMBERS PRESENT: Chair Christine Bertoni, Vice Chair Robert Buchsbaum, Meghan Jones, Amber Redmond, William Squibb (late) MEMBERS ABSENT: OTHERS PRESENT: City Conservation Agent David Spidaliere RECORDER: Naomi Moca 1. Chair Bertoni calls the meeting to order at 7:02 p.m. and reads the public notice regarding holding meetings remotely due to Covid-19. 2. Recess for Public Hearings Buchsbaum moves to recess. Redmond seconds. Squibb abstains. Bertoni takes a roll call vote. Motion passes 4-0. 3. Reconvene Regular Meeting Redmond moves to reconvene the regular meeting. Seconded by Buchsbaum. Squibb abstains. Bertoni takes a roll call vote. Motion passes 4-0. 4. Old/New/Other Business 4a. Extension Requests a. New: 44 River Street,DEP File#5-1286—Mass. Electric Company d-b-a National Grid c/o Jesse Edmands Billie-Jo Gauley of Anchor QEA,representing Massachusetts Electric Company dba National Grid is present. Gauley states that National Grid was issued an order of conditions in 2019 for the dredging project that was being conducted in coordination with the City of Beverly which was planning to conduct a maintenance dredging. There were some issues with that project, so it had to be placed on hold while evaluating other disposal options, so the National Grid project was also placed on hold. National Grid is now waiting for the City to move forward with their project, at which time,National Grid will also move forward with their project. Since National Grid already has an order of conditions, they don't anticipate the work to significantly change. Gauley is requesting an extension to the order of conditions as opposed to having to request a new Notice of Intent when the project does move forward in the future. Beverly Conservation Commission November 29,2022 Meeting Minutes Page 2 of 8 Bertoni states that under the bylaw the Commission can only extend on a year-by-year basis, with a two-year limit, and that she thinks an extension is merited. Buchsbaum asks about disposal of material, and mentions that it will incur expense, and cautions after a second extension in the future, a new NOI will be needed. Redmond moves to grant a one-year extension of the NOI under the WPA and also the local bylaw. Seconded by Jones. Squibb abstains. Bertoni takes a roll call vote. Motion passes 4-0. 5. Recess for Public Hearings Buchsbaum moves to recess. Redmond seconds. Squibb abstains. Berton takes a roll call vote. Motion passes 4-0. 6. Notices of Intent/Abbreviated Notices of Intent/Requests for Amended Orders of Conditions a. Cont.: 4 Arbella Drive, DEP File#5-1378—construct additions to existing Single- Family Home and relocate driveway—Thomas & Elizabeth Micka Mary Rimmer of Rimmer Environmental Consulting is present on behalf of the applicants. Rimmer presents the revised plan that incorporated the comments that were received at the last meeting. The project has added a rain garden in the back to accommodate some runoff concerns from the addition. There will be infiltration trenches along both sides of the new driveway. The plan now captures the runoff from the new addition by directing it to the back of the property. In an area that is currently mowed lawn, a portion is proposed to be a rain garden and the remainder of that area is proposed to be restored buffer zone. Calculations on the rain garden area are 250 square feet, which is proposed to be planted with shrubs, three dogwoods, and a variety of native herbs. The planting area is 550 square feet and is proposed to be planted with 10 additional shrubs. The plan proposes to move the Colorado blue spruce to the right side of the existing driveway. The existing driveway is proposed to be removed. The rain garden construction incorporates a variety of soil media to ensure that there is adequate infiltration. Redmond asks about the row of trees along the play structure that was discussed at the site visit, and Rimmer answers that one is a white cedar that will be located to the front yard, and states that if it cannot be salvaged, the applicant will replace it. Buchsbaum asks,with the increase of impervious surface,how a problem with runoff will be avoided. Rimmer answers that although there is not enough room to increase the pervious area as a mitigation measure, proposing the rain garden, driveway trenches, and the existing lawn will avoid disturbing the buffer zone by creating additional mitigation. Buchsbaum moves to close the hearing. Seconded by Jones. Squibb abstains. Bertoni takes a roll call vote. Motion passes 4-0. Beverly Conservation Commission November 29,2022 Meeting Minutes Page 3 of 8 b. Cont.: 25 Linden Avenue,DEP File 45-1376—reconstruct existing retaining wall and associated landscape—Leslie Salter Kristan Farr of Hancock Associates is present on behalf of the applicant. In response to the Commission's request for more information on the plantings, Farr shares a list of the proposed plants. In planting area A on the revised plan there will be two black cherries, eight lowbush blueberries, and eight beach plums. A seed mix is proposed consisting of coastal, salt tolerant grass mix and a native seed mix to act as erosion control/restoration. The plantings are designed for salty and dry coastal conditions, so they are adequate to restore the ground cover area underneath the blueberry shrubs. Farr states that in response to the Commission's request for more detail on the different retaining wall options, she has provided a list of design alternatives. The preferred alternative for the design is a four-foot-tall wall. It is preferable over a five-foot-tall wall because at that height the design will require a structural engineer and more permitting. Furthermore, the five-foot alternative would require the disturbance of about 1,800 square feet for the grading, while the four-foot option decreases the grading to 695 square feet. Buchsbaum and Farr clarify that the four- and five-foot designs are identical except for height, and that the five- foot wall would require more disturbance due to the need for stabilizing footings. Bertoni observes that the interlocking concrete block design appears sturdier than the timber retaining wall it is replacing. Bertoni asks about drainage for rainwater, and Farr states that there are four-inch diameter drainpipes at the ends of the wall, which allows the rainwater seepage to not erode soil. Buchsbaum asks what the elevation at the base and the top of the wall is. Farr states that mean high is lower than five feet, and the bottom of the wall is 8.6 feet at its lowest, and 10.91 feet at its highest, so five feet above mean high water. Bertoni asks which elements of the previous project are being picked up to complete. Farr responds that the plantings along the deck,planting shrubs along the house, and invasives removal will be carried over in this OOC from the expired order. Bertoni thinks it is appropriate to make the planting plan and invasives removal a condition of the restoration plan. Farr confirms that everything else from the previous order has been completed. Redmond moves to close the hearing. Seconded by Buchsbaum. Squibb abstains. Bertoni takes a roll call vote. Motion passes 4-0. 7. Reconvene Regular Meeting Squibb joins the meeting. Jones moves to reconvene the regular meeting. Seconded by Redmond. Bertoni takes a roll call vote. Motion passes 5-0. 8. Requests for certificates of compliance a. Cont.: 25 Linden Avenue,DEP File#5-913—demolish existing single-family house, reconstruct single-family house within same basic footprint, add deck to rear Beverly Conservation Commission November 29,2022 Meeting Minutes Page 4 of 8 and native landscaping—Stephen Slocomb (lumping remaining items into DEP File #5-1376) The Commission conducted a site visit with Matt Connors of Hancock Associates. A final site inspection was conducted by the Agent for the certificate of compliance request. Buchsbaum asks how the requirement can be folded into the new order of conditions. Spidaliere supposes that the Commissions gives the full COC and lump the conditions into the new NOL In Bertoni's past experience, one option is to close out the original order for only the work that was done, and no more work can be done under that order. Bertoni states that another option is to issue a"friendly" enforcement order to complete the mitigation planting under the original order while putting a hold on the certificate of compliance until the enforcement order is closed. Farr states that the applicant would prefer the first option. Bertoni states that a third option is to have Spidaliere contact the MassDEP circuit rider to explain the situation and investigate whether there is a more efficacious way to handle the order. Buchsbaum states he thinks that is the most effective way to handle it. Buchsbaum moves to continue the request for a Certificate of Compliance for 25 Linden Avenue DEN 5-913 until the December 19, 2022 meeting to allow time to get more guidance. Seconded by Jones. Bertoni takes a roll call vote. Motion passes 5-0. b. Cont.: 95 Sam Fonzo,DEP File #5-949—construct industrial building with associated parking, utilities, stormwater management structures, landscaping and grading—Daniel Simonelli c/o The Coastal Group, LLC Daniel Simonelli of The Coastal Group and Peter Ogren of Hayes Engineering are present. Bertoni states that at the Commission's site visit there was confusion because the detention basin looked like a wetland,but it was confirmed by MassDEP to be a detention basin. Bertoni asks about the berm that was built, that is apparently not needed. Ogren states that the berm creates maximum travel time through the basin, and Simonelli informed him that after construction, it washed out. Bertoni states that the Commission observed standing water in the constructed detention basin,proving that it is functioning as it should without the berm. Simonelli states that the site has been stable for several years and there are two items to discuss: the diversion dike and the baffle plate. Simonelli states that Ogren sent a confirmation email to the Commission last week stating that the diversion dike and the baffle plate are in place. Bertoni cites the email trail listing the completed items and the pending items. Ogren states he submitted a revised as-built plan to Simonelli, with the only revision being the flow lines that were not visible before on the outlet manhole. Ogren states that the only thing that changed was the information he sent by letter to accompany the as-built plan. The only update was on the outfall going into the wetlands on the overflow, which are the orifices that would go into the manhole from the retention pond. Beverly Conservation Commission November 29,2022 Meeting Minutes Page 5 of 8 Bertoni states that the planting plan was not completed. Buchsbaum states that as discussed at the site visit, plantings along the retaining wall such as arrowwood and winterberry holly, would be appropriate. Bertoni suggests that it is appropriate to issue a partial certificate of compliance for what has been completed, including the binder coat, and that the certificate will be completed once the planting plan is designed and installed. The RDA for final paving will be forthcoming. Buchsbaum agrees and adds that there should be a condition that the plantings are inspected a few years later. Ogren states that the building's new owners want to know what their obligation will be. Simonelli states that his group is committed to helping the new owner to follow through with the final steps. Redmond moves to issue a partial certificate of compliance, including the perpetual conditions #42-45 of the original order, in order to allow the applicant time to complete the mitigation planting. Seconded by Buchsbaum. Bertoni takes a roll call vote. Motion passes 5-0. 9. Old/New/Other Business 9a. Enforcement matters a. Cont.: 16 Branch Lane Frank Postma, project manager with EA Engineering and Alex Patterson, wetlands scientist with EA Engineering are present. Patterson states that the final item outstanding at this point is to provide a schedule for the implementation of the work that is outlined in the plan, which was provided to the Commission at this meeting. The earliest the work may begin is February 2023. Patterson says that the site should remain stable over the winter, and it is wisest to hold off on disturbing the soil now. The seeding and planting activities will take place in early spring 2023 and completed by June 1, 2023. Bertoni states that the restoration plan looks good, and if implemented by June 1, 2023, that would be acceptable. Buchsbaum observes that the schedule is aggressive,but reasonable. Bertoni agrees that is makes no sense to start the work now, as long as the site is stable. Spidaliere states that he and David Lang visited the site, and that it is stable. Redmond moves to amend the existing enforcement order to accept the restoration plan and its implementation schedule as discussed at this meeting. Seconded by Jones. Bertoni takes a roll call vote. Motion passes 5-0. 9b. Minor Project Permits,If Any Beverly Conservation Commission November 29,2022 Meeting Minutes Page 6 of 8 a. New: 114 Standley Street Spidaliere states that the permit is for a gravel driveway, and that a small corner of it falls within the 100-foot buffer zone. It is pervious surface and can be re-seeded with grass if/when it is no longer needed. Buchsbaum, Bertoni, and Spidaliere agree that going forward, the Agent may approve minor project permits. The Chair and Vice Chair will remain available for advice as needed. 9c. Expenditure Approvals, If Any a. Funding a Part-Time Field Assistant Spidaliere cites a memo by Darlene Wynne, City Planning Department Director stating "After discussion with prior and current Conservation Commission staff, the City Administration has decided to create a new Part-Time Field Agent position to support the heavy demands of the Conservation Agent position. We are asking the Conservation Commission to vote to fund this position using the balance of state and/or local wetlands fees."The state WPA fee account previously funded a direct stipend to the Conservation Agent position. When that was originally adopted, the minutes indicate it was intended to be a temporary measure in lieu of increasing the position salary, but with the most recent hiring of Spidaliere, the City changed the position from Environmental Planner to Conservation Agents, added some supervisory responsibility, and increased the salary. Therefore, the City is not asking to continue this type of payment at this time. For the part-time Field Agent position, The City is proposing an hourly salary of$22-$30 with a range of 15-19 hours per week under the supervision of the Agent and Wynne. It would be a non-benefited non-union position. The City's intention is to prove that this position is necessary. Buchsbaum states that as long as the funds are available,the position sounds like a good idea. Bertoni cautions that state fees come with very strict stipulations about how they may be used. Bertoni expresses concern that, while the position is necessary, basing the pay on fee schedules may not be sustainable. Bertoni asks for more information on how Lynnfield, Danvers, and Gloucester handle the funding of these positions. Redmond requests more information on what the timeline is for evaluating the position's efficacy and the sources of funding. Spidaliere agrees to provide answers to these questions at the next meeting. b. Greenbelt Annual Membership Spidaliere states that the membership fee of$100 was paid last year and comes out of the local ordinance fund. Redmond refers to her previous position working at the Ipswich River Watershed Association, and advocates for membership in that organization as well. Spidaliere agrees that he will check on the status of that membership. Buchsbaum moves to maintain membership of Essex County Greenbelt Association at$100 per year. Seconded by Squibb. Bertoni takes a roll call vote. Motion passes 5-0. Beverly Conservation Commission November 29,2022 Meeting Minutes Page 7 of 8 9d. New: Draft 2023 Conservation Commission Schedule Spidaliere submitted a draft 2023 Commission schedule and states that it should not overlap with other City Commissions. Spidaliere says that the Chapter 107 of the Acts of 2022, Section 3 for online-only meetings will expire in March 2023 and the Commissioners agree they will continue to monitor whether the ruling gets extended. 10. Orders of conditions,if any a. 25 Linden Street Spidaliere states that mitigation was not completed from the past COC, and plantings by the deck and the restoration area are making up for that in the new COC, with the addition of invasives removal. 1) Alternative 93 for the retention wall is preferred. Buchsbaum, Redmond, and Bertoni agree that the final design of the wall should be submitted and approved in a pre-construction meeting with the Agent; 2) all demolished materials, excavated soils, or other related debris shall not be stockpiled and shall be removed immediately from the site for appropriate disposal; 3) At least two weather-resistant signs or monuments,not less than two feet in height, shall be installed at the edge of the 25-foot not disturb zone,visible from the top of the retaining wall; 4) The markers described above shall be kept in good repair and replaced as necessary. This condition shall survive as an ongoing condition beyond the issuance of a certificate of compliance; 5) monitoring of vegetation removal will be required, with longer-term monitoring of erosion controls such as jute netting, until vegetation is stabilized with a 75% survival rate at the two-year mark. Redmond moves to issue order of conditions for 25 Linden Avenue with standard and special conditions as discussed. Seconded by Buchsbaum. Squibb abstains. Bertoni takes a roll call vote. Motion passes 4-0. b. 4 Arbella Drive 1)All demolished materials, excavated soils, or other related debris shall not be stockpiled and shall be removed immediately from the site for appropriate disposal; 2)At least two weather-resistant signs or monuments, not less than two feet in height, shall be installed at the edge of the 25-foot no disturb zone, visible from the top of the retaining wall; 3) The markers described above shall be kept in good repair and replaced as necessary. This condition shall survive as an ongoing condition beyond the issuance of a certificate of compliance; 4) The five trees shall be relocated, and mitigation plantings monitored for 2 growing seasons,with a 75% survival rate for the plantings in the rain garden, and 100% survival rate for the trees at the two-year mark; 5) The 25-food no disturb zone shall be left to grow naturally; 6) The white cedar tree shall be relocated to the front of the property or an in- kind replacement shall be made. Beverly Conservation Commission November 29,2022 Meeting Minutes Page 8 of 8 Jones moves to issue an order of conditions for 4 Arbella Drive with standard and special conditions as discussed. Seconded by Buchsbaum. Bertoni takes a roll call vote. Motion passes 5-0. 11.Approval of Minutes Moca asks why no minutes are available for review and approval, and Spidaliere explains that he is in the process of reviewing the last few meetings' minutes, as he is newly hired, and will have them ready for the next meeting. Adjournment Jones moves to adjourn. Seconded by Buchsbaum . Bertoni takes a roll call vote. Motion passes 5-0. Meeting ends at 9:25 p.m. The next regular meeting of the Conservation Commission is scheduled for Monday, December 19, 2022.