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4_25_2023 Cons Com Minutes - final City of Beverly Conservation Commission April 25,2023 Meeting Minutes Page 1 of 13 CITY OF BEVERLY PUBLIC MEETING MINUTES BOARD OR COMMISSION: City of Beverly Conservation Commission SUBCOMMITTEE: DATE: April 25, 2023 LOCATION: Virtual via Google Meet MEMBERS PRESENT: Chair Christine Bertoni, Vice Chair Robert Buchsbaum, Amber Redmond, William Squibb MEMBERS ABSENT: OTHERS PRESENT: Director of Planning & Development Darlene Wynne, Conservation Agent David Spidaliere, Assistant City Solicitor Jesse Dole RECORDER: Naomi Moca 1. Chair Berton calls the meeting to order at 7:00 p.m. and reads the public notice regarding holding meetings remotely due to COVID-19. Squibb: Motion to recess. Buchsbaum seconds. Bertoni takes a roll call vote. Motion carries (4-0). 2. Recess for Public Hearings 3. Notices of Intent/Abbreviated Notices of Intent/Requests for Amended Orders of Conditions a. Cont.: 140 Livingstone Avenue, DEP File#5-1388 —demolish and reconstruct a single-family residence, install an in-ground pool and patio,pool house, driveway, utilities, storm water management features and landscaping— 140 Livingstone, LLC c/o Edward Doherty Bob Griffin of Griffin Engineering and Natalie Adams of Verdant Landscape Architecture are present. As promised at the last meeting, Griffin provided the additional information that the Commission requested in a supplemental letter dated April 14, 2023. Griffin shares the updated site plan dated April 14, 2023, with changes including the 1,100 square foot permanent mitigation area and a table detailing the shrubs that will be included in the plantings. Griffin states that the combination of the phragmites mitigation plus the permanent mitigation meets the Riverfront mitigation regulations. The Commission discusses the calculations for the redevelopment of a previously disturbed and degraded site built before 1996. Griffin explains that in the specifications, "degraded" refers to surfaces that have an absence of topsoil. Griffin states that he calculated the required mitigation area to be 3,400 square feet, and states that the total mitigation equals 3,500 square feet. Griffin 1 City of Beverly Conservation Commission April 25,2023 Meeting Minutes Page 2 of 13 furthermore points out that the project will be an improvement to the site from its current condition and that in his evaluation,it meets all the requirements and the square footage. Redmond: Motion to close the hearing. Buchsbaum seconds. Bertoni takes a roll call vote. Motion carries (4-0). b. Cont.: 68 Paine Avenue, DEP File#5-1390 —repair a seawall— Christopher Velonis Property owner Christopher Velonis states that after discussing connecting the seawalls and keeping the right of way with the neighboring property owners,he would like additional time to have an engineer assess the project. The Commission discusses various items that make the NOI application incomplete and that adding the abutting property and right of way to this project means that a new Chapter 91 license will need to be applied for. Velonis states that he is unsure whether these details will be ready for the May 16, 2023 meeting due to wishing to reach consensus with the abutting property owners first. The Commissioners recommend that Velonis retain a coastal engineering firm or consultant to help navigate submitting the NOI. Spidaliere states that he will provide Velonis with a list of items to discuss with the engineer. John Cabot of 42 Paine Avenue states that he fully supports Velonis's wish to rebuild prior to hurricane season, and he believes that Velonis is working to accommodate those who have right- of-way access. Buchsbaum: Motion to continue to the May 16, 2023 meeting. Squibb seconds. Bertoni takes a roll call vote. Motion carries (4-0). c. New: 451 Essex Street,DEP File # 5-1392 —construct a mixed-use commercial and residential development with associated paved parking lot, utilities, stormwater management system, and landscaping—Fazio Enterprises, Inc. c/o Nicholas Gabriel Bob Griffin of Griffin Engineering, Miranda Siemasko of Glovsky and Glovsky on behalf of Fazio Enterprises, and Nick Gabriel of Fazio Enterprises are present. Griffin states that at the site walk, skunk cabbage was observed by the Commissioners upland of the wetland line, and that in Griffin's conversation with Mary Rimmer of Rimmer Environmental after the site visit, Rimmer stated that skunk cabbage is an opportunistic plant that occasionally can be found in upland areas. Griffin summarizes the landscaping plan updates since the site walk, including moving a few Oak trees farther away from Essex Street and moving a perennial plant bed to accommodate the Engineering Department's comments. Griffin presents the buffer zone invasive species control plan by Rimmer for the multiflora rose,honeysuckle, and bittersweet that are between Flags A- 21 and A-28: 2 City of Beverly Conservation Commission April 25,2023 Meeting Minutes Page 3 of 13 1. Bittersweet: hand pull, bag and dispose of small stems; cut large stems at six to 12 inches above grade in spring or summer, licensed applicator to immediately apply herbicide to stem; follow-up on re-sprouts at approximately eight weeks. 2. Honeysuckle and Multiflora Rose: Cut and remove entire roots (small plants); cut large plants six inches from the ground, licensed applicator to immediately apply herbicide to stem; follow-up on re-sprouts as needed. Growing season: glyphosate with oil-based surfactant. In non-growing season above freezing, use 25% glyphosate with 50%triclopyr ester. 3. Replacement shrubs: grey-twigged dogwood; black chokeberry,nannyberry, many others possible 4. Long-term: monitoring and seasonal hand pulling of invasive sprouts. Griffin states that Assistant City Engineer Lisa Chandler sent an email to the Agent stating that the drainage report to the City was satisfactory. The Commission discusses that the recommendations from Rimmer are included as part of the package, that the application of herbicides will be done by a licensed applicator, that the project includes the installation of five to seven conservation markers along the 25-foot No Disturb Zone, that the approximate area of invasive control is around 2,500 square feet, and that the digging out of bittersweet roots will be attempted without the excavator crossing into the No Disturb Zone. The Commission discusses that catch basins were observed to be full and not draining after a recent rain and discusses taking another look at the stream being perennial instead of intermittent. Griffin states that he will pass that information and the observation of the stagnant drains to Chandler. Redmond: Motion to close the hearing. Buchsbaum seconds. Bertoni takes a roll call vote. Motion carries (4-0). Redmond: Motion to reconvene the regular meeting. Squibb seconds. Bertoni takes a roll call vote. Motion carries (4-0). 4. Reconvene Regular Meeting 5. Requests for Determination of Applicability a. Cont.: 116 Cross Lane —construct a pedestrian bridge, trail expansion and update Kiosks —City of Beverly, Planning Department c/o Darlene Wynne Charlie Mann from the Beverly Open Space Committee states that the project at Sally Milligan is the construction of a 2x10-foot framed bridge over the stream to replace a plank on the worn- down bank. Mann states that construction materials will be cut off site and hand-carried onto the site, and that pressure-treated timber will be used. The Commission discusses that there is a nearby trail that will be closed instead of building a second bridge. 3 City of Beverly Conservation Commission April 25,2023 Meeting Minutes Page 4 of 13 The Commission discusses the following conditions: 1. Any excavated materials/debris shall be removed and properly disposed of offsite. 2. Any debris entering the river from construction activities shall be recaptured for appropriate disposal. 3. Any damage caused as a direct result of this project to any wetland resource areas shall be the responsibility of the applicant to repair or restore. 4. The use of timbers pressure treated with A.C.Q. (Alkaline Copper Quats) or the equivalent is permitted as construction material. Creosote treated timber is prohibited. Wood preservative must be dry before any treated wood is used in construction. 5. All materials shall be cut off-site and carried to the crossing. 6. Hand tools shall be used for on-site assembly. No heavy construction equipment, gas powered tools, or vehicles are permitted during bridge construction. 7. Any area that is disturbed during construction is to be revegetated immediately, or as soon thereafter as the growing season commences,with appropriate local indigenous vegetation. Redmond: Motion to issue a negative two and negative three determination. Buchsbaum seconds. Bertoni takes a roll call vote. Motion carries (4-0). b. New: 10 Tall Tree Drive—install a fence and construct a deck—Kate Martens Spidaliere reads the legal notice. Property owner Kate Martens is present and states that due to the abutting property being public, installing a 20x80-foot black aluminum fence is the best option to protect her pet dog. Martens presents the project to build a fence along the perimeter of the back yard,with a 12x20-foot deck and a set of stairs. Martens states that the fence would effectively act as a containment area to keep her dog safe. The Commission discusses that the fence will go around the back side of the house, connecting to the deck, but not pass the stone retaining wall. The Commission discusses that the deck will need five footers and one header, that reducing the size of the deck would require increasing the length of the fence, that the deck will not be covered and will allow rainwater to go through it, that the oil tank access pipes will remain undisturbed. Martens states that the resource areas on the property are the following: Perennial Stream with associated 200-foot riverfront area, an Intermittent Stream with associated 100-foot Buffer Zone, Bordering Vegetated Wetland (BVW), and Land Subject to Flooding. A site visit is scheduled for Saturday May 6, 2023 at 9 a.m. Squibb: Motion to continue to May 16, 2023 meeting. Redmond seconds. Bertoni takes a roll call vote. Motion carries (4-0). 4 City of Beverly Conservation Commission April 25,2023 Meeting Minutes Page 5 of 13 c. New: 4 Chase Terrace—pave a private road with 2 driveways and construct a deck— Colette Hennessey Arsenio Delarosa of Delarosa Construction and Design and Colette Hennessey, the property owner, are present. Hennessey expresses gratitude for Spidaliere's help with the RDA application process. Hennessey states that due to the road being private but owned by the City, she and her husband are responsible for the maintenance and plowing of the road. For this reason, the project is to pave the road and the two neighboring driveways. Hennessey states that the construction of the deck is attached to the proposal and that she has obtained a building permit. Hennessey states that she is in the process of obtaining bids for the paving. The Commission discusses that more information is needed with the application, including a site plan for the project,how the paving will be done, and where the deck is going to be built. The Commission discusses that the resource area is Riverfront. A site visit is scheduled for Saturday, May 6, 2023 at 9:45 a.m. Redmond: Motion to continue to the May 16, 2023 meeting. Buchsbaum seconds. Bertoni takes a roll call vote. Motion carries (4-0). d. New: 254 Essex Street—remove and upgrade play structure, fence and curbing— YMCA of the North Shore c/o Pete Avila Spidaliere reads the legal notice and clarifies that the resource is Isolated Vegetated Wetland (IVW), so it falls under the Beverly ordinance only. Peter Avila of YMCA of the North Shore is present and describes the plan to remove the existing play structure and replace it with a new one, and install a permanent shade structure. Avila states that there are no trees in that area currently and that no trees will be removed. Avila states that the poured rubber surface will be removed and replaced with new rubber surface over the entire area. The Commission discusses that the play area is attached to the Douglas Stevens Teen Center, that there are no loose particles or PFAS, that there is no new impervious impact in the Commission's jurisdictional area, that there will be no changes to the parking configuration, and that bollards will be added to the parking spaces. The Commission discusses the following conditions: I. During the work, any storage of equipment shall be located on existing paved areas or as close to the street as possible. 2. All debris materials and excess spoils shall be removed from the site for appropriate off- site disposal. 3. Prior to any work occurring, staked sediment controls shall be installed between the work area and the Isolated Vegetated Wetlands and shall remain in place for the duration of the work and until final site stabilization. 5 City of Beverly Conservation Commission April 25,2023 Meeting Minutes Page 6 of 13 4. After work completion, any disturbed soils shall be seeded and stabilized to avoid sedimentation into the resource area. 5. The Agent will conduct a pre-construction site visit to inspect erosion controls. Avila states that he will provide more construction information and details to the Agent. Squibb: Motion to issue a negative three determination under the local ordinances. Redmond seconds. Bertoni takes a roll call vote. Motion carries (4-0). 6. Requests for Certificates of Compliance a. New: 1025 Hale Street, DEP File 95-321 —demolish existing cottage; construct new single-family dwelling with driveway & associated landscaping—Donald Sohn Evin Guvendiren of DeRosa Environmental and John Morin of the Morin Cameron Group are present. Guvendiren states that no work was done, so they are requesting an Invalid Order of Conditions. Spidaliere states that he observed the site as stable. Redmond: Motion to issue invalid Order of Conditions. Buchsbaum seconds. Bertoni takes a roll call vote. Motion carries (4-0). b. New: 1025 Hale Street, DEP File 95-797 —Convert existing rectangle pool to kidney shaped and associated landscaping; construct gravel dry well for filtration of pool water overflow and a temporary access road off Hale Street—Donald Sohn Evin Guvendiren of DeRosa Environmental and John Morin of the Morin Cameron Group are present. Guvendiren explains that the approved plans are from 2003, for a shed, kidney-shaped pool, stone patio,hexagonal pavilion, wrought iron fence, and water feature. Guvendiren states that the current site is similar to what was approved originally, with a few deviations. The Commission discusses the deviations from the approved plan, including that the patio is 250 square feet smaller than approved, the difference between patio and decking, that some areas of lawn were converted to landscaped beds,that the water feature recirculates water from the pool filter, that Morin assumes the dry well was installed where it was shown on the design plan, and that the resource is Riverfront and BVW. Spidaliere states that he observed the site as stable. A site visit is scheduled for Saturday,May 6, 2023 at 10:45 a.m. Redmond: Motion to continue to the May 16, 2023 meeting. Buchsbaum seconds. Berton takes a roll call vote. Motion carries (4-0). 6 City of Beverly Conservation Commission April 25,2023 Meeting Minutes Page 7 of 13 c. New: 1025 Hale Street, DEP File 95-871 —install a pressurized sewer line from a single-family dwelling, an associated pool house and cottage to connect to municipal pressure sewer system (now under construction). Abandonment of existing septic systems and incinolet—Donald Sohn Evin Guvendiren of DeRosa Environmental and John Morin of the Morin Cameron Group are present. Guvendiren describes the deviations from the approved plan, which fall outside of the 100-foot Buffer Zone, and the 200-foot Riverfront area. Morin states that due to the amount of time that has elapsed, confirming whether the work was started or completed is not straightforward. Spidaliere states that he observed the site as stable. A site visit is scheduled for Saturday,May 6, 2023 at 10:45 a.m. Redmond: Motion to continue to the May 16, 2023 meeting. Buchsbaum seconds. Berton takes a roll call vote. Motion carries (4-0). d. New: 90 Bridge Street, Unit B, DEP File#5-1305 —per Special Condition#4, the replacement Red Maple tree shall maintain 100% success criteria for two growing seasons after it is planted for complete COC to be issues—90 Bridge Street Condominium Trust c/o Margaret Hoyt-Rupert Margaret Hoyt-Rupert, condominium owner and Trustee, is present. Spidaliere states that he observed that the Red Maple is in great health. Squibb: Motion to issue a complete Certificate of Compliance. Redmond seconds. Bertoni takes a roll call vote. Motion carries (4-0). 7. Old/New/Other Business e. Minor Modifications to Orders of Condition i. Cont.: 0 Dodge Street,DEP File #5-1381 Charlie Mann of the Beverly Open Space Committee is present and summarizes the OOC for the boardwalk bridge that requires cutting a White Pine tree that is in danger of falling. Mann states that in his discussion with Philip Klimowicz of the Beverly Forestry and Grounds Division, he learned that leaving a trunk height of five feet is not possible without the use of heavy equipment. Mann states that the arborist will use a chainsaw and cable, direct the tree to fall as close to the shore as possible, and then cut it up and leave it in place. Mann states that he documented the discussion and provided it via email to the Agent. The Commission discusses modifying the following special conditions 9, 10, and 12: (9) The White Pine tree shall be cut to a safe height, and not flush cut. (10) Tree removal shall be conducted by hand using handheld tools. 7 City of Beverly Conservation Commission April 25,2023 Meeting Minutes Page 8 of 13 (12) Any excavated materials/debris associated with tree removal shall be left in place in a wooded area to decompose naturally. Redmond: Motion to approve the Minor Modifications to the Orders of Condition. Buchsbaum seconds. Berton takes a roll call vote. Motion carries (4-0). b. Extension Requests i. New: National Grid -N192 Cable, DEP File #5-1294 Lee Curtis, Senior Ecologist with BSC Group, is present on behalf of National Grid. Curtis states that the project has been delayed due to COVID, permitting issues, and community concerns. At this time the projected completion date of the work is 2025 at the earliest. The Commission discusses whether there is any exception to the limit of two one-year extensions under the local ordinance, that the project does not qualify for a COVID tolling extension, and that it qualifies for a three-year extension under the Wetlands Protection Act. Curtis states that if the project is not complete after the second one-year extension under the local ordinance, a new NOI will be filed with the Commission for the remaining work. Redmond: Motion to grant a three-year extension under the Wetlands Protection Act, and to grant a one-year extension under the local ordinance. Buchsbaum seconds. Bertoni takes a roll call vote. Motion carries (4-0). c. Enforcement Matters i. Cont.: 62 South Terrace—Extension Property owner Mike Burta is present and states that he hired a contractor that can finish the project by June 1, 2023. Squibb: Motion to extend the Enforcement Order completion deadline to June 1, 2023. Buchsbaum seconds. Bertoni takes a roll call vote. Motion carries (4- 0). d. Potential Violations,If Any i. New: 32 South Terrace Property owner Chuck Peterson is present and states that a storm in December 2022 knocked his pier over and that he is proposing to demolish and remove it, since replacing it is cost prohibitive. Peterson states that he is unsure if there is a Chapter 91 license, as the pier was built by his family in the 1950's. The Commission discusses that there are no pilings, that Peterson will do the work himself over the summer, and that the stages of the project are breaking up the material, storing the remnants away from the water, and removing the debris offsite. 8 City of Beverly Conservation Commission April 25,2023 Meeting Minutes Page 9 of 13 Gin Wallace of 34 South Terrace is present and states that she will only be able build her pier once Peterson's pier is removed. Jason Irving of 36R South Terrace is present and states that he removed his damaged 1Ox10-foot float and that the undamaged ramp and pier are still in place. He states that he plans to replace both structures, build a longer dock, and install a seawall in the future. Irving agrees to send the Agent a copy of the recorded Chapter 91 license. Wallace states that the remaining 10x20-foot float belonging to Irving swings into the area of her property's license. Peterson and the Commission agree on an August 1, 2023 deadline for the pier removal. ii. New: 36R South Terrace Jason Irving, the property owner, is present. The Commission discusses that the 10x20-foot float does not appear on the Chapter 91 license, nor was it approved by the Commission. Irving proposes to cut the float by 10 feet and move it to the space vacated by the destroyed 1Ox10-foot float by August 1, 2023. The Commission discusses that it needs to be in compliance with the Wetlands Protection Act and agrees to this solution. The Commissioners agree that after August 1, 2023, the Commission will consider the float to be in violation of the Wetlands Protection Act and local ordinance if it remains in place, and an Enforcement Order will be issued. The Commission discusses that there is no Enforcement Order at this time. Spidaliere states that he will send updated letters to Irving and to Peterson documenting tonight's discussion and the August 1, 2023 deadline. e. Other: Discussion or Action Items Related to Commission Business, Correspondence, etc. Received/Issued After Publication of Agenda,If Any i. New: Birch Plains Park land swap Darlene Wynne, Director of Planning and Development, and Jesse Dole,Assistant City Solicitor are present. Wynne summarizes that in October 2006 the City proposed and the Commission voted to authorize a land swap, transferring parcels from the area of Pole Swamp Lane into the Commission's care and custody in exchange for Birch Plains Park. The item was not finalized, and the City is seeking to complete the transfer due to the impending installation of pickleball courts at Birch Plains. Dole states that in 2006 the Scanlon Administration approached the Commission regarding the former Vitale site, which is now known as Birch Plains Park, following extensive cleanup. There was a vote in 2006 but the condition of the vote to transfer the custody, control, management, and maintenance of the site from the Conservation to the City was never fulfilled by the City. 9 City of Beverly Conservation Commission April 25,2023 Meeting Minutes Page 10 of 13 Dole presents a site map of the parcels on Pole Swamp Lane and explains that the parcels that will be transferred will become Article 97 land. Dole expresses gratitude for Dick McNeil's research. The Commission discusses that Dole's next step is to go to the City Council with the order confirming the transfer, and that additional parcels identified in the Pole Swamp Lane area may be added in the future. Buchsbaum: Motion to find that the parcels being proposed to transfer to the Commission fulfill the purpose of promoting and developing natural resources and protecting the watershed area. Redmond seconds. Bertoni takes a roll call vote. Motion carries (4-0). Dole states he will provide a copy of the plan to the Commission. h. Expenditure Approvals,If Any i. Cont.: Funding a Part-Time Field Assistant The Commission discusses funding the position on a one-year pilot basis. Wynne states she has conducted research and plans to list a salary range of$22 - $30 per hour based on expertise in the job posting. Wynne states the position can be paid out of the local fund or State Wetland fund, or a combination of both. The Commissioners agree that it is more streamlined to fund the position from a single source, and that being paid weekly is preferable to monthly. Buchsbaum: Motion to authorize a withdrawal of up to $30,000 from the State Wetland Fund to fund a 19-hour per week Assistant Conservation Agent position for up to one year. Redmond seconds. Berton takes a roll call vote. Motion carries (4-0). 8. Orders of Conditions,If Any a. 140 Livingstone Avenue,DEP File#5-1388 The Commission discusses the following special conditions: 1. 310 CMR 10.30(3),promulgated under M.G.L. c. 131, § 40, requires that no coastal engineering structure, such as a bulkhead, revetment, or seawall shall be permitted on an eroding bank at any time in the future to protect the project allowed by this Order of Conditions. 2. Erosion and sedimentation control devices shall be installed along the edge of the down gradient side of the project area prior to construction as depicted on the approved site plan. 3. Erosion and sedimentation control devices shall be inspected daily during periods of active construction and bi-weekly during the remainder of the construction period. Sediments shall be removed from the barriers as soon as they reach a depth of 6-inches. 4. During construction, disturbed areas shall be kept to a minimum and vegetative stabilization of these areas shall occur as soon as possible. 10 City of Beverly Conservation Commission April 25,2023 Meeting Minutes Page 11 of 13 5. All construction activities shall be conducted from the landward side of the top of the coastal bank.No heavy construction equipment, vehicles or fill are allowed seaward of the limit of work area shown on the plan of record. 6. All demolished materials, excavated soils, or other related debris shall be stored or stockpiled outside jurisdictional resource and buffer zone areas, if not immediately removed from the site and shall be removed and appropriately disposed of off-site. 7. Phragmites outlined in Section 3.0 in the NOI application shall be removed and the area replanted with native plantings outlined in"Landscape Planting Plan" by Verdant Landscape Architecture, dated February 27, 2023. 8. Annual monitoring reports of the invasives treatment and mitigation planting areas shall be provided to the Commission at the end of the growing season, for a minimum of two growing seasons. 9. Mitigation plantings shall exhibit 75% survivorship for not less than two growing seasons after their installation. A complete Certificate of Compliance shall not be issued until said survivorship is verified. 10. Tree removal shall be conducted via hand tools and/or all heavy equipment shall be operated from paved surfaces only. Trees shall be cut flush to grade. Removal or grinding of roots or stump is prohibited. All cut materials shall be removed for appropriate off-site disposal. 11. If chlorinated pool water needs to be drained,water shall be directly drained into the approved infiltration system after at least two weeks with no chlorine generation. Redmond: Motion to issue an OOC with the conditions as discussed, including general and perpetual conditions, under the Beverly Ordinance and the Wetlands Protection Act. Squibb seconds. Bertoni takes a roll call vote. Motion carries (4-0). b. 451 Essex Street The Commission discusses the following special conditions: 1. Prior to the Pre-Construction meeting, all erosion controls shall be installed, by survey, along the line as shown on plans approved by the Commission. The Conservation Agent shall inspect the location and installation of erosion controls. 2. Erosion and sedimentation control devices shall be inspected daily during periods of active construction and bi-weekly during the remainder of the construction period. Sediments shall be removed from the barriers as soon as they reach a depth of 6-inches. 3. Runoff from the site will be directed through sedimentation control barriers. 4. During construction, disturbed areas shall be kept to a minimum and vegetative stabilization of these areas shall occur as soon as possible. 5. Temporary seeding, mulching, or other suitable stabilization measures will be used to protect exposed critical areas should unprotected soils remain exposed for prolonged periods. 6. Plantings shall exhibit at least 75% overall survivorship after two growing seasons post installation and shall be verified by the Conservation Agent. 11 City of Beverly Conservation Commission April 25,2023 Meeting Minutes Page 12 of 13 7. Not less than 3 weather resistant signs or monuments, bearing the following language "Protected Wetland Resource Area -No Disturbance Beyond This Point Per Order of Beverly Conservation Commission" shall be installed equidistant along the edge of the 25-Foot No Disturbance Zone. Said signs/monuments shall be installed such that they are not less than 2 feet and no more than 4 feet above grade to ensure that it is visible in the field. 8. The signs/monuments as described in Special Condition #7 above shall be kept in good repair and replaced as necessary. This condition shall survive in perpetuity beyond the issuance of a Certificate of Compliance. 9. During the work, any storage of equipment shall be located on existing paved areas or as close to the street as possible. 10. All debris materials and excess spoils shall be removed from the site for appropriate off- site disposal. 11. When mechanical equipment is being used, contractors shall keep hazardous material spill containment kits on-site in case of a release of oil, gasoline, or other toxic substances. 12. Invasive plants shall be removed as outlined in the land management plan titled "Landscaping Plan", revised on April 28, 2023 by Griffin Engineering Group, LLC, signed by Robert H. Griffin, P.E. 13. Annual monitoring reports of the invasives treatment and plantings outlined in Special Conditions #6 and#12 shall be provided to the Conservation Agent at the end of the growing season, for a minimum of two growing seasons. 14. All application of herbicides for invasives treatment shall be applied by an applicator licensed by the Massachusetts Department of Agricultural Resources, Pesticide Bureau. Redmond: Motion to issue an OOC with the conditions as discussed, including general and perpetual conditions as well as special conditions under the Beverly Ordinance and the Wetlands Protection Act. Buchsbaum seconds. Bertoni takes a roll call vote. Motion carries (4-0). 9. Approval of Minutes a. April 4,2023 Members review and offer edits to the April 4, 2023 draft meeting minutes. Redmond: Motion to accept the April 4, 2023 meeting minutes as amended. Squibb seconds. Bertoni takes a roll call vote. Motion carries (4-0). 10. Other Business: a. Critter Crossing: Spidaliere notes that he observed the Critter Crossing signs have been installed on Common Lane. b. 10 Fieldstone Lane 12 City of Beverly Conservation Commission April 25,2023 Meeting Minutes Page 13 of 13 Spidaliere states that he sent a list of appropriate plantings to Lisa Ambrosino, co-owner of the property, and got no response, and that he will visit the site to confirm the trees have been removed. c. West Beach raking Spidaliere states that he has not received updates on the West Beach raking since the last meeting, and that he provided a draft of the City's Beach Management Plan to Director Wynne. 11.Adjournment Buchsbaum: Motion to adjourn. Squibb seconds. Bertoni takes a roll call vote. Motion carries (4-0). Meeting adjourns at 11:22 p.m. The next regular meeting of the Conservation Commission is scheduled for Tuesday, May 16, 2023. 13