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12_19_2022 Cons Com Minutes - final Beverly Conservation Commission December 19,2022 Meeting Minutes Page 1 of 8 CITY OF BEVERLY PUBLIC MEETING MINUTES BOARD OR COMMISSION: Beverly Conservation Commission SUBCOMMITTEE: DATE: December 19, 2022 LOCATION: MEMBERS PRESENT: Chair Christine Bertoni, Vice Chair Robert Buchsbaum, William Squibb, Meghan Jones,Amber Redmond(late) MEMBERS ABSENT: OTHERS PRESENT: City Conservation Agent David Spidaliere 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. 2. Recess for Public Hearings Squibb moves to recess. Seconded by Jones. Bertoni takes a roll call vote. Motion passes 4-0. 3. Notice of Intent/Abbreviated Notices of Intent/Requests for Amended Orders of Conditions a. New: 2 Balch, Cummings Center Culvert Cleaning Project,DEP File #5-1365— request to amend Order of Conditions—City of Beverly, Engineering Department c/o Eric Barber Spidaliere reads the legal notice. Mike Nelson of Fuss and O'Neill, Project Manager, and April Doroski of Fuss and O'Neill, Water Resources and Climate Resilience Specialist, are present. Nelson states that several months ago the applicant presented this culvert cleaning operation to the Commission. 1)After the project was bid, and the contractor was on board, reconnaissance found that the manhole is actually not located where the site plan indicated, and thus the applicant needs to establish access in order clean the culvert under the ball field. Nelson proposes using constructing matting and plywood to drive around the rear of the property. 2) There is a concerning pile of washed 3/4"crushed stone along the wetland resource area.Nelson states that he believes it was dumped in order to reinforce the area, but no one has claimed responsibility for doing so. The contractor found that the pipe under the railroad track contains a lot of crushed stone that has been washed down over time. With the end goal of having a clean pipe with no stone, the applicant is proposing to remove the rest of the excess stone to avoid continued clogging. Beverly Conservation Commission December 19,2022 Meeting Minutes Page 2 of 8 Doroski states that the wetland restoration is straightforward, and it consists of removing crushed stone to expose the native sediment, and then a native wetland seed mix and straw mix will be installed to re-vegetate and help stabilize the area. Buchsbaum asks if the project can be done by hand. Nelson states that the contractor will use a vacuum as far as it will reach, and from that point forward the material will be removed by wheelbarrow. Nelson estimates the task will take two to three days. Bertoni asks how Nelson will determine when sufficient gravel has been removed, and if the same type of gravel has been found in other areas. Nelson states that the intent is to remove as much as possible that is loose and likely to be pushed downstream, but not to excavate. The goal is to mitigate as much hazard to the pipe as possible. The Commission discusses how the areas will be stabilized after removal, and how to determine if enough material has been removed. Nelson states that the contractor anticipates working through February, and the applicant has the option to extend the contract if additional time is needed for the project. Buchsbaum moves to close the hearing. Seconded by Squibb. Bertoni takes a roll call vote. Motion passes 5-0. 4. Reconvene Regular Meeting Squibb moves to reconvene the regular meeting. Seconded by Redmond_ Bertoni takes a roll call vote. Motion passes 5-0. 5. Requests for Determination of Applicability a. New: 15 Butterworth Road—install above ground pool—Mathew Coraccio Spidaliere reads the legal notice. Matthew and Katelyn Coraccio, the applicants, are present. Daniel Wells, Senior Wildlife/Wetland Scientist at LEC Environmental Consultants, Inc. is also present. There is a bordering vegetated wetland and an intermittent stream channel on site. The entire property is within the 100-feet buffer zone. The proposed project is a 12' x 24' oval above-ground pool. The pool will be located 17 feet from the wetland resource area, and the applicant is offering to provide permanent mitigation in the form of 5 blueberry bushes. The site is relatively flat with a slight slope toward the stream. The pool will be maintained with chlorine, so if the pool has to be emptied, the RDA states that the owners will follow steps to shut off the chlorination system, ensure the pH level is between 6.5 and 8.5, and drain the pool water where it will not flow directly into the wetland resource. Buchsbaum asks if it is feasible to shift the location of the pool slightly eastward to impact a smaller percentage of the no-disturb zone. Coraccio states that is relatively the same distance from the wetland, but they are happy to move the location of the pool to the east. Beverly Conservation Commission December 19,2022 Meeting Minutes Page 3 of 8 Bertoni asks what measures will be taken to level the base of the pool, such as grading or adding crushed stone. Coraccio states that sand will be used to level off the ground. The Commission discusses that the lawn is not considered BVW due to its steep grade, that the pool will initially be filled with water via a hose from the house, and that there will be no trucks in the backyard as part of the project. Buchsbaum asks how close the pool can be to the property line without violating setback conditions, and Coraccio says it will be close to the 10-15-foot setback. The Commission discusses and agrees to include the condition that the pool location be moved farther away from the wetlands if possible. Buchsbaum moves to issue a Negative 3 determination with the conditions as discussed. Seconded by Redmond. Bertoni takes a roll call vote. Motion passes 5-0. 6. Requests for Certificates of Compliance a. New: 43 Haven Way,DEP File #5-1193 —remove and rebuild garage wing, construct a new sunroom and perform various renovations to house, demolish existing and install new in-ground pool within approximate existing footprint, expand pool deck and replace/reconstruct pool equipment shed—Olaf Stelling Chris Broyles from Meridian Associates is present on behalf of the owner. Broyles is requesting a certificate of compliance for most of the project, except for the pool and associated shed. Broyles met with Spidaliere to walk the site last week. The driveway plan was modified to replace a small portion of the paved driveway with medium-sized cobbles as a permeable surface to mitigate runoff. Spidaliere confirms that he observed the markers on site are in good condition. Buchsbaum asks about mitigation along the wall. Broyles states there is a landscaped area between the driveway and the wall, and on the other side two to four trees were planted. Broyles states that there was no disturbance of existing trees during the project, and that he does not believe additional trees were planted. The Commission discusses whether to leave or to strike special condition 13, regarding the pool work as it was not completed. The Commission decides it is appropriate to alter it, since construction of a pool is planned in the future. When the pool is built in the future, the Commission will make sure to include those conditions. Redmond moves to issue a complete certificate of compliance under the Wetlands Protection Act and Beverly Wetland Protection Ordinance for the work that was completed, with the exception of the pool and equipment shed, and to strike perpetual condition 43 and special condition 13 because the pool and shed were not built under this order. Seconded by Jones. Bertoni takes a roll call vote. Motion passes 5-0. Beverly Conservation Commission December 19,2022 Meeting Minutes Page 4 of 8 b. New: 15 Paine Avenue,DEP File#5-1214—repair an existing damaged in-ground pool and replace its surrounding concrete pool deck/patio—Louis Laz Bob Griffin of Griffin Engineering is present on behalf of the applicant. Griffin states that the applicant prepared a notice of intent six years ago to replace the pool and deck. The work was done in accordance with the conditions, including planting salt-tolerant plants. The property is now being sold, so the applicant is requesting a complete certificate of compliance to move the real estate transaction forward. Spidaliere and Griffin walked the property a week ago. The Commission discusses with Griffin the unconventional as-built site plan, which is presented as an annotated photograph. The Commission decides that changing the date and making a notation on the photo that it is an as-built site plan would be an appropriate solution. Buchsbaum moves to issue a complete certificate of compliance with the perpetual conditions as discussed, accompanied by an updated site plan. Seconded by Redmond. Bertoni takes a roll call vote. Motion passes 5-0. c. New: 16 Fosters Point, DEP File#5-1304—construct a garage addition with asphalt driveway, expand a deck and redesign an existing side stairway—Julie Tsakirgis Julie Tsakirgis, the applicant, is present. Tsakirgis states that the work is complete. The Commission asks for confirmation that Special Condition 1, to apply for a partial certificate of compliance under the previous order of conditions, has been satisfied. Spidaliere states that he saw the partial COC under the previous owner's name, and that he will confirm if a complete COC has been issued to this point. Spidaliere states that at the site visit everything looked very good. Buchsbaum moves to issue a complete certificate of compliance for 16 Fosters Point with perpetual conditions 36-40. Seconded by Redmond. Bertoni takes a roll call vote. Motion passes 5-0. 7. Old/New/Other Business a. Enforcement matters i. Cont.: 62 South Terrace—Extension Request Maria and David Burta, property owners, state that contractor and supply issues have delayed the project's completion, so an extension is needed. Burta states that the wall is almost done and backfilled. Burta states that the site is stable going into the colder weather, and that the work will extend into the warmer weather. Buchsbaum asks if it is feasible for the property owners to do the work. Burta states that they have paid the contractor in full, and that they are waiting for the remaining fill and fence area to be completed. Beverly Conservation Commission December 19,2022 Meeting Minutes Page 5 of 8 The Commission discusses whether a letter from the Commission via the Conservation Agent with a copy of the extension to the enforcement order may help influence the contractor to get the work finished in a timely manner. The Conservation Agent will contact the City Solicitor regarding this matter to protect the resource. The Commission agrees to extend the enforcement order to April 25, 2023, to coincide with that month's meeting. Redmond moves to extend the enforcement order to April 25, 2023. Seconded by Squibb. Bertoni takes a roll call vote. Motion passes 5-0. ii. New: 25 Linden Avenue—Friendly Enforcement Order Spidaliere states that a friendly enforcement order was issued. At the last meeting, the Commission discussed whether to issue a partial COC or an Enforcement Order to ensure that compensatory mitigation plantings and removal of invasives from a previous OOC are completed. Spidaliere advises that an Enforcement Order is the best option because it mandates that the remaining items in the OOC are complied with. The Commission discusses whether to ratify the enforcement order that Spidaliere issued, with the addition of the date of completion. Kristan Farr of Hancock Associates states that the process of monitoring the plantings should begin around May 2023, and suggests mandating a progress report. The Commission agrees that May 11, 2023 will be the due date for a progress report in advance of the May 16, 2023 meeting. Squibb moves to ratify the enforcement order as amended. Seconded by Redmond. Bertoni takes a roll call vote. Motion passes 5-0. iii. Cont. 973 Hale Street—Progress Report Mary Rimmer of Rimmer Environmental Consulting is present. Rimmer submitted a progress report stating that the property owner had to substitute some of the plantings, due to nursery availability, but that all plantings are native and suitable to the coastal environment. The Commission confirms with Rimmer that the phragmites have been cut, the non-native plantings have been replaced with native plantings,portions of decking have been removed, and that all the work has been done. The owner will comply with monitoring during the growing season. Squibb asks about the tree stumps along the edge of the marsh in the photo, and Rimmer states that they were there all along, but hidden by the phragmites, and are being left alone to naturally decay. The Commission discusses the option to lift the enforcement order now or to wait until after May 2023 to confirm the revegetation. Rimmer points out that the Commission will be dealing with the property again due to future planned projects, and thus the Conservation Agent will conduct site visits often. Spidaliere states that he will monitor Beverly Conservation Commission December 19,2022 Meeting Minutes Page 6 of 8 the plantings during his visits, and that if the revegetation does not occur, another enforcement order would be issued. Rimmer states that the owner is committed to maintaining the plantings. Redmond moves to lift the current enforcement order. Seconded by Squibb. Bertoni takes a roll call vote. Motion passes 5-0. b. Emergency Certification i. New: 116 Grover Street Spidaliere states that the property owner reached out to Spidaliere on November 29, 2023, concerned that of the many dead red pine trees encroaching on Grover Street, five or six of which had fallen into the road, were a public safety issue. Spidaliere states that tree removal was done promptly by Iron Tree Service due to the urgent nature of the problem. Buchsbaum moves to ratify the emergency certification for 116 Grover Street. Seconded by Squibb. Bertoni takes a roll call vote. Motion passes 5-0. c. Cont.: West Beach Corporation & other owners along West Beach, Priority Habitat beach raking Spidaliere spoke to NHESP and last week. The Commission discusses the idea of drafting an educational letter to residents of the West Beach area and to West Beach Corporation clarifying the necessity of a beach management plan. The Commission discusses that beach management plans do not need to be costly, and that the lawyer for West Beach Corporation has been informed that West Beach is unique in Beverly because it is a Piping Plover habitat zone. The Commission encourages Spidaliere to research the beach management plans of similar cities, such as Lynn or Gloucester, and emphasizes that West Beach is a Priority Habitat, which entails State involvement. d. Expenditure Approvals,If Any i. Cont.: Funding a Part-Time Field Assistant Spidaliere has researched most of the answers to the questions raised in the last meeting. Spidaliere elaborates that the funds do not have to go towards litigation; they are designed to be used for staff positions to support Commission activities. The Conservation Commission is the only body where fees are held separately and not absorbed into the general fund. The Commission discusses that it may be appropriate to build in or impose a timeline for assessing the necessity of the position after it has been filled. Beverly Conservation Commission December 19,2022 Meeting Minutes Page 7 of 8 ii. New: MACC Dues for Fiscal Year 2024 Spidaliere states that MACC sent advance notice of the 2023 dues, and that the fees will be $533 due in August 2023, which will need to be factored into next year's budget. iii. New: Cape Ann Vernal Pond Team Donation Request The Commission donated $100 in 2022 and discusses donating again. Jones moves to donate $100 to the Cape Ann Vernal Pond Team for the 2023 pledge drive. Seconded by Buchsbaum. Bertoni takes a roll call vote. Motion passes 5-0. 8. Orders of conditions,if any a. 2 Balch,DEP File#5-1365 Commissioners recap the project and discuss the issuance of the Order of Conditions. Buchsbaum moves to issue an amended order of conditions for the project at 2 Balch Street. Seconded by Redmond. Bertoni takes a roll call vote. Motion passes 5-0. 9. Approval of Minutes (as available) a. August 23,2022 b. September 20,2022 c. October 18,2022 d. November 9,2022 e. November 29,2022 Members review and offer edits to the draft meeting minutes. Buchsbaum moves to approve the minutes of the August 23, 2022 meeting, as amended. Seconded by Redmond. Bertoni takes a roll call vote. Motion passes 5-0. The September 20, 2022, October 18, 2022,November 9, 2022, and November 29, 2022 meeting minutes will need to be amended further and will be reviewed at the next meeting. 10.Adjournment Squibb moves to adjourn. Seconded by Redmond. Bertoni takes a roll call vote. Motion passes 5- 0. Meeting ends at 9:40 p.m. Beverly Conservation Commission December 19,2022 Meeting Minutes Page 8 of 8 The next regular meeting of the Conservation Commission is scheduled for Tuesday, January 10, 2023.