Loading...
08_29_2023 Cons Com Minutes - final City of Beverly Conservation Commission August 29, 2023 Meeting Minutes Page 1 of 13 CITY OF BEVERLY PUBLIC MEETING MINUTES BOARD OR COMMISSION: City of Beverly Conservation Commission DATE: August 29, 2023 LOCATION: Virtual via Google Meet MEMBERS PRESENT: Chair Christine Bertoni, Vice Chair Robert Buchsbaum, Amber Redmond (late), William Squibb, Tara Duffy, Grace Charles MEMBERS ABSENT: OTHERS PRESENT: Conservation Agent David Spidaliere, Conservation Field Inspector Scott White RECORDER: Naomi Moca 1. Chair Bertoni calls the meeting to order at 7:07 p.m. and reads the public notice regarding holding meetings remotely due to COVID-19. Squibb: Motion to recess for public hearings. Buchsbaum seconds. Bertoni takes a roll call vote. Motion carries (5-0). 2. Recess for Public Hearings 3. Notices of Intent/Abbreviated Notices of Intent/Requests for Amended Orders of Conditions a. Cont.: 68 Paine Avenue, DEP File#5-1390 —repair a seawall — Christopher Velonis Bob Griffin of Griffin Engineering is present and states that the item was continued from the last meeting due to a quorum issue. 7:13 p.m. Redmond arrives Griffin summarizes that the current plan to replace the damaged concrete seawall replaces the prior plan. Griffin states that DEP Waterways Division issued a Minor Modification to the Chapter 91 license. The two options being discussed today are whether to issue a 30-day Emergency Certification or to issue an Order of Conditions. Due to the time needed to do the work properly, Griffin states that the applicant favors an Order of Conditions in this case. The Commission discusses that the concrete seawall is being raised above the elevation of the existing seawall by roughly five feet, bringing the elevation up to 14.8 feet from the original 10 feet. Griffin explains that the increased elevation on the plan is to provide an increased level of 1 City of Beverly Conservation Commission August 29, 2023 Meeting Minutes Page 2 of 13 protection to the residence from future storms, and that it matches the elevation of the neighboring seawall at 76 Paine Avenue. Property owner Chris Velonis states that the seagrass-like vegetation and rosa rugosa will be kept alive and/or replaced in the same manner as the last two Orders of Conditions issued for this property. Velonis states that the stones at the base of the wall will be reinforced by larger stones. Redmond: Motion to close the hearing. Squibb seconds. Bertoni takes a roll call vote. Duffy and Charles are ineligible. Motion carries (4-0-2). b. Cont.: 7 Cherry Street, DEP File#5-1399— construct a garage, yard storage, mudroom, covered porch, driveway, second story dormers, and deck repairs —John and Vanesa Linkletter Agent Spidaliere states that Bill Manuell of Wetlands and Land Management requested that the item be continued to the September 26, 2023 meeting. Squibb: Motion to continue to the September 26, 2023 meeting. Buchsbaum seconds. Bertoni takes a roll call vote. Motion carries (6-0). c. Cont.: 34 South Terrace, DEP File#5-1389— construct a fixed pier with associated gangway, floating dock, and stairs —Virginia Wallace Bob Griffin of Griffin Engineering is present and states that property owner Virginia Wallace has been unable to build a pier and gangway due to obstructions on abutting properties, which have now been removed, impeding the site. Griffin summarizes the plan's revisions, stating that the separation between the bottom of the float and the mud flats was originally 18 inches and now is 30 inches, that two notes (412 and 413)were added to the revised plan, and that the work barge will not ground out at low tide. Griffin states that it is not appropriate to drive a pile into the ledge so that particular modification was not adopted in the plan. The Commission discusses how the work barge will go about preventing grounding out during low tide and that the mitigation includes planting creeping juniper shrubs to stabilize the area. Griffin expresses willingness to explore the helical anchor concept for affixing the pier, and if it does not work, concrete blocks will be used as stated on the plan. Redmond: Motion to close the hearing. Buchsbaum seconds. Bertoni takes a roll call vote. Duffy and Charles are ineligible. Motion carries (4-0-2). d. New: 54 Pickman Road, DEP File#5-1400— construct a retaining wall, make repairs to a stairway for shoreline access, and replace a fence—Gary Benton 2 City of Beverly Conservation Commission August 29, 2023 Meeting Minutes Page 3of13 Spidaliere reads the legal notice. Bob Griffin of Griffin Engineering is present on behalf of the owner and presents the site plan. Griffin shares the 2018 site pictometry and photos of the current concrete sea wall and the damaged fence and staircase. The proposal is to repair the staircase and restore the embankment. Griffin shares the 2018 site plan and the 2023 site plan. The 2023 site plan proposes to install four-foot-tall retaining walls, with the horizontal area supported with rip rap and gabion mattresses. The purpose of this plan is to prevent further damage in future storms. The Commission discusses that a site visit is appropriate. Materials added to the record: • Technical comments from DEP The Commission discusses that the purpose of the concrete apron is to protect the coastal bank from erosion and that erosion continues to be a concern in that area. The Commission discusses that the graded areas will be stabilized with the gabion mattresses. Bertoni comments that seeing examples of other projects where gabion mattresses have been successful would be helpful. The Commission discusses that the abutting property on one side of the site has steep vegetated banks and the property on the other side has a concrete wall. Griffin explains that there is vegetation on either side of the site's walkway and that the project proposes to replace the bottom landing of the stairs with concrete. Spidaliere states that he visited the site a few months ago at the request of the property owners. A site visit is scheduled for Saturday, September 23, 2023 at 8 a.m. Griffin states that members of the public are welcome to attend. Redmond: Motion to continue to the September 26, 2023 meeting. Squibb seconds. Bertoni takes a roll call vote. Motion carries (6-0). e. New: 29 Brackenbury Lane, DEP File#5-1401 — construct a driveway and a detached garage—Arlin Sebastian Spidaliere reads the legal notice. Matt Connors of Hancock Associates is present. Wetland Scientist Devin Morse of Hancock Associates is present and clarifies that there is no mudroom included in this project. Morse states that the single-family home was constructed in the 1950s and was recently purchased by the applicant. Morse presents the site plan and explains that there are two jurisdictional resource areas: an Intermittent Stream and Bordering Vegetated Wetlands (BVW). Morse states that all proposed work will take place between the 50-foot No-Build Zone and 100-foot Buffer Zone to BVW. Morse points out the proposed erosion controls and states that there is a 300-gallon drywell proposed. 3 City of Beverly Conservation Commission August 29, 2023 Meeting Minutes Page 4 of 13 The Commission discusses that the disturbed areas will be stabilized with loam and seed, that the existing driveway surface is bituminous concrete, and that the project increases the total impervious surface area. Connors expresses willingness to discuss reducing the increase in impervious surface with the property owner. The Commission discusses that the site accommodates snow storage on the open grassy area, that the current driveway goes all the way to the back of the house, and that the driveway will be removed for the garage to be built over it. Morse states that there is no proposed mitigation, that stabilizing the disturbed soils will be added to the plan, and that the 12-foot distance between the driveway and the building will remain the same. The Commission members agree that there is no need for a site visit. Morse, Connors, and the Commission agree that the applicant will respond to the question of reducing the total increase in impervious surface area before the September 26, 2023 meeting. Redmond: Motion to continue to the September 26, 2023 meeting. Duffy seconds. Bertoni takes a roll call vote. Motion carries (6-0). f. New: 58 South Terrace, no DEP File#—extend deck and sun porch—Ralph Puopolo Spidaliere reads the legal notice. Property owner Ralph Puopolo is present and shares photos of the existing home, sundeck, and sun porch. Puopolo states that the proposed project is to extend the deck and sun porch. Puopolo shares the site plan and states that the deck will be affixed with helical anchors. Puopolo states that the project adds 250 square feet of impervious surface and eliminates 120 square feet of impervious surface, resulting in a net increase. The Commission discusses that the resource areas are Riverfront and Coastal Bank, that the home is about 420 square feet, and that it was built in 1910 within the current 25-foot No-Disturb Zone and the 50-foot No-Build Zone. The Commission discusses that the deck elevation will remain 16.3 feet and that one corner of the deck will overhang the Coastal Bank. Puopolo explains that the project will use helical piers to avoid disturbing the area instead of digging and installing posts to support that corner of the deck. The Commission discusses that dealing with an Abbreviated Notice of Intent is a new experience and Spidaliere states he will research the bylaw for the requirements for an Abbreviated NOI. Puopolo notes that he has no concerns with the neighboring structure encroaching on his property. Puopolo states that he plans to remove multiple concrete pathways and to plant perennials. Puopolo agrees to provide the Commission with a plan for handling the stormwater runoff from the new roofline, which is approximately six by eight feet in size. A site visit is scheduled for Saturday, September 23, 2023 at 9 a.m. Puopolo states that members of the public are welcome to attend the site visit. 4 City of Beverly Conservation Commission August 29, 2023 Meeting Minutes Page 5 of 13 Redmond: Motion to continue to the September 26, 2023 meeting. Buchsbaum seconds. Bertoni takes a roll call vote. Motion carries (6-0). Squibb: Motion to reconvene the regular meeting. Charles seconds. Bertoni takes a roll call vote. Motion carries (6-0). 4. Reconvene Regular Meeting 5. Requests for Certificates of Compliance a. Cont.: 1 Water Street, DEP File#5-1277—demolish an existing, underutilized, and vacant former fast food building and associated gravel/asphalt parking lot, and construct a high-end waterfront restaurant, as well as an updated parking lot, stormwater management, landscaping, and improved pedestrian walkway and waterfront promenade—Martin A. Bloom Jarret Bastys of the Morin-Cameron Group is present on behalf of the applicant and states that a letter with the updated list of the plantings was provided to the Commission. Materials added to the record: • 1 Water Street letter to the Commission dated August 22, 2023 Bastys explains that a few planting substitutions were made due to supply issues and a total of 49 additional plants were planted in excess of what was on the approved landscaping plan. Bastys shares photos of the plantings. Bastys states that the plantings were done upon construction, with the final plantings being done in the last few weeks. The Commission discusses that it is not appropriate to issue a Complete COC at this time due to the two-year survivorship requirement not being met. Spidaliere states that he conducted a site visit last week and observed that the plantings match the plan, with the exception of the landscape deviations. The Commission discusses the following perpetual conditions: 35. Prevention of flooding, erosion, and sedimentation are ongoing and do not expire at the end of three (3)years or with the issuance of the Certificate of Compliance. 36. The following additional conditions shall remain in force in perpetuity beyond the issuance of a Certificate of Compliance: Special Condition#'s 3, 4, & 6. Buchsbaum: Motion to issue a partial Certificate of Compliance for the structural work and building that was done for 1 Water Street, DEP File 45-1277, with the perpetual conditions as discussed. Redmond seconds. Bertoni takes a roll call vote. Motion carries (6-0). b. New: 58 South Terrace, DEP File#5-757—install sewer line and fix corner of foundation—Ralph Puopolo 5 City of Beverly Conservation Commission August 29, 2023 Meeting Minutes Page 6 of 13 Property owner Ralph Puopolo is present and states that the surveyor located the sewer pipe. It was discovered that it was a 16-foot section and not a complete sewer pipe. Field Inspector White states that he conducted a site visit. The Commission discusses the following perpetual conditions: 46. There shall be no dumping of leaves, grass clippings, trash or any kind of refuse in the resource area. 47. Herbicides shall not be applied within 100 feet of the wetland. 48. No sodium-based products shall be used for control of ice or snow within 100 feet of the wetland. 49. Prevention of flooding, erosion and sedimentation are ongoing and do not expire at the end of three (3)years or with the issuance of the Certificate of Compliance. Squibb: Motion to issue a complete Certificate of Compliance for 58 South Terrace, DEP File 45-757, with the perpetual conditions as discussed. Redmond seconds. Bertoni takes a roll call vote. Motion carries (6-0). c. New: 5 Leather Lane, DEP File#5-1301 — construct a building addition/garage, new driveway, front porch, back screened porch, and deck; grading; tree removal and replanting—Nicholas & Jennifer Lamson Evin Guvendiren of DeRosa Environmental is present on behalf of the property owners. Guvendiren shares the photos of the site and notes three minor deviations: 1) the outlet pipe for the trench drain was shifted approximately 39 feet northeast from the approved location, 2) a crushed stone drip edge was installed along the northwestern side of the dwelling to help manage roof runoff, and 3)per Special Condition#8 "clean crushed stone shall be placed below deck." Instead, a paver patio was constructed below the screened-in porch and wrapped with a wide crushed stone drip edge. Guvendiren shares the as-built plan and photos of the vegetated mitigation area. Guvendiren states that conservation markers were installed. The Commission discusses the photo of the rip rap outlet and that there are no signs of erosion despite it being a steep slope. The Commission discusses the following perpetual conditions: 36. There shall be no dumping of leaves, grass clippings, trash or any kind of refuse in the resource area. 37. Fertilizers utilized for landscaping and lawn care shall be slow release, low-nitrogen types (<5%) and phosphorous free, and shall not be used within 25 feet of a wetland resource area. This condition shall survive in perpetuity beyond the issuance of a Certificate of Compliance. 38. Pesticides, fungicides and herbicides shall not be used within 100 feet of a wetland resource area. This condition shall survive in perpetuity beyond the issuance of a Certificate of Compliance. 6 City of Beverly Conservation Commission August 29, 2023 Meeting Minutes Page 7 of 13 39. No sodium-based products shall be used for control of ice or snow within 100 feet of the wetland. 40. Prevention of flooding, erosion and sedimentation are ongoing and do not expire at the end of three (3)years or with the issuance of the Certificate of Compliance. 41. Additional perpetual conditions,per the above Special Conditions 43 and 46. Redmond: Motion to issue a complete Certificate of Compliance for 5 Leather Lane, DEP File 45-1301, with the perpetual conditions as discussed. Charles seconds. Bertoni takes a roll call vote. Motion carries (6-0). d. New: Orchard Street, DEP File#5-1065 —remove accumulated sediment to reestablish flow and flood storage capacity and limited removal of debris from within the stream channel — City of Beverly c/o Michael Collins City of Beverly Engineer Lisa Chandler is present and states that the work was done almost 12 years ago but the order was never closed. The Engineering Department was made aware of this issue by a property owner who needs the COC to be issued in order to sell their property. Chandler shares the site map and explains that in 2011 the City rehabilitated Lawrence Brook. The nature of the work was not dredging but rather debris removal done by hand with some assistance from a small Bobcat. Chandler summarizes that in the years since the work was done, there has been additional overgrowth. The Commission discusses that the situation is very unique as there is no as-built plan, and should not be repeated on a routine basis. Chandler states that she intends to work with the Commission to close the City's numerous open orders going forward. Buchsbaum: Motion to issue a complete Certificate of Compliance for Orchard Street, DEP File 45-1065. Squibb seconds. Bertoni takes a roll call vote. Motion carries (6-0). 6. Old/New/Other Business a. Extension to Orders of Condition,if any i. New: 46 LP Henderson Road, DEP File#5-1306 Wetlands Scientists Susanna Souza and David Nitzsche of GZA GeoEnvironmental are present. Nitzsche summarizes that the project is to replace the airfield security fencing which provides perimeter protection for Beverly Airport and the extension request is to allow time to obtain the grant funding needed. The Commission discusses the outstanding vegetation management plan at the airport. Airport Engineer Craig Schuster with Airport Solutions Group is present and explains that no work was done while the airport was without a manager for 16 months. Schuster states that he will work with the newly hired Airport Manager, Gabe Hannafin, to complete the vegetation management plan. 7 City of Beverly Conservation Commission August 29, 2023 Meeting Minutes Page 8 of 13 Squibb: Motion to issue a one-year extension under the Wetlands Protection Act and the Beverly Ordinance for 46 LP Henderson Road, DEP File 45-1306. Redmond seconds. Bertoni takes a roll call vote. Motion carries (6-0). ii. New: 29 Ober Street, DEP File#5-1308 David Kelley of Meridian Associates is present and states that the new property owner is seeking an extension to allow time to finish the development of the property. The Commission discusses that the tolling period for the COVID-19 emergency has expired and that this extension will be until October 8, 2024. Kelley summarizes the work that has occurred to date. Redmond: Motion to issue a one-year extension under the Wetlands Protection Act and the Beverly Ordinance for 29 Ober Street, DEP File 45-1308. Squibb seconds. Bertoni takes a roll call vote. Motion carries (6-0). b. Enforcement Matters i. Cont.: 25 Linden Avenue -Leslie Salter Property owner Steve Slocomb is present. Spidaliere states that he received the list of the invasives that were removed, that White conducted a site visit, and that the mitigation plantings were done. Spidaliere states that the Enforcement Order can only be lifted once the two-year monitoring period has ended. Charles: Motion to amend the Enforcement Order to start the monitoring period for the mitigation plantings to exhibit 75% survivorship over a two-year growth period. Redmond seconds. Bertoni takes a roll call vote. Motion carries (6-0). i. Cont.: 16 Branch Lane— 16 Branch Lane LLC Project Manager Frank Postma of EA Engineering is present and shares photos of the site highlighting where the seed mix is getting established. Postma states that the rip rap next to the driveway has been removed and that a wetlands scientist will go to the site next week to establish the locations of the trees. Postma states he will provide a memo to the Commission summarizing these activities and that the owner is requesting a reduction of the number of trees required. The Commission discusses that there are about 80 trees in the ground now, and that the restoration plan is to plant approximately 80 more. Spidaliere states that based on his site visit, there is no more room for any more trees in the restoration area. The Commission discusses whether to pause the fining process, which has reached a total of $1,000. The Commission discusses that a final resolution proposal from the homeowner has not yet been provided. Postma states that all the work has been done with the exception of the 8 City of Beverly Conservation Commission August 29, 2023 Meeting Minutes Page 9 of 13 monitoring phase, and his memo will state as much, as well as document the request for the reduction in the number of tree plantings. A site visit is scheduled for Saturday, September 23, 2023 at 10 a.m. Redmond: Motion to stop issuing daily citations. Squibb seconds. Bertoni takes a roll call vote. Motion carries (6-0). Buchsbaum: Motion to continue to the September 26, 2023 meeting. Redmond seconds. Bertoni takes a roll call vote. Motion carries (6-0). c. Potential Violations i. Cont.: 10 Palmer Road—Jeffrey Viel Property owner Jeffrey Viel is present. Bertoni states that she conducted a site visit and reads her observations into the record: "I walked the `wetland' area past the new fence with the owner and reviewed the fill and pipe he had installed. All work had been done to provide more shade for the kids at the daycare run by his wife. I saw a couple of blue tape wetland flags on either side of the swale. We followed the swale to where it came to an end sort of. A small stream channel carries water past the swale and on toward Brimbal. Bank evidence indicates that the stream carries stormwater flows. I saw no evidence of water flow into the swale, but it may carry some sometime. There is BVW and even cattail associated with the stream. "The swale was probably a drainage feature of the past that apparently ended at a stone catch basin in the back yard. It looks to me that the installed pipe would allow flow to reach the catch basin, but DPW should weigh in on capacity of the pipe and catch basin. A swale would allow for infiltration prior to reaching the catch basin; a pipe would not. The owner plans on cleaning out the catch basin. "Impact on the wetland is minimal in my option which I'm happy to discuss at the next public meeting. Other commissioners should try to visit the site. I asked that the owner contact conservation/David for next steps and that he attend the next meeting. I requested he do no further work in the back yard." Viel states that he reached out to Beverly Hospital as the work is technically on Hospital property and he did not get any response. Viel states that the work was prompted by a need to enhance his wife's daycare business by increasing shade and a need to protect the children from wild turkeys. Spidaliere agrees to work with Viel to apply for a Minor Project permit. ii. New: 342 Old Essex Road—Klaudio Boka Property owner Klaudio Boka is present. Spidaliere summarizes that the City Engineering Department made him aware of the potential violation. Spidaliere states that the City Field 9 City of Beverly Conservation Commission August 29, 2023 Meeting Minutes Page 10 of 13 Engineer visited the site on August 10, 2023 and observed a block wall approximately 50 feet long bordering an intermittent stream. There was visible removal of wetland plant life and a few new tree plantings. Boka states that the original wall had been deteriorating over time, and on the advice of a contractor, they did not obtain a permit and opted to fix the wall themselves. Boka describes the work that was done, including repairing the wall and placing logs along it for aesthetic purposes. Spidaliere shares photos of the site. Boka states that no additional fill or soils were brought into the site, the abandoned property adjacent to it has become overgrown, the excess dry concrete material was spread along the edge of the wall to stabilize it, the existing bridge was becoming unstable, and the ground was eroding over time into the stream. The work stopped immediately upon the site visit. Spidaliere states that the City's field engineer is concerned that the wall was not designed by an engineer. Boka agrees to provide the name of the contractor who gave the incorrect advice and a written memo with the specifications of the wall to the Commission for the September 26, 2023 meeting. A site visit is scheduled for Saturday, September 23, 2023 at 11 a.m. Squibb: Motion to continue to the September 26, 2023 meeting. Redmond seconds. Bertoni takes a roll call vote. Motion carries (6-0). d. Expenditure Approvals i. Conservation Agent July Mileage Redmond: Motion to approve the July 2023 mileage reimbursement totaling $28.55. Squibb seconds. Bertoni takes a roll call vote. Motion carries (6-0). ii. MSMPC 2024 Membership Squibb: Motion to approve the MSMPC membership dues totaling $20.00. Redmond seconds. Bertoni takes a roll call vote. Motion carries (6-0). 7. Orders of Conditions a. 68 Paine Avenue, DEP File#5-1390—repair a seawall —Christopher Velonis The Commission discusses the following conditions: 1. No heavy equipment shall be stored or refueled in the resource areas. 2. A spill plan shall be provided to the Conservation Agent prior to construction, in the event of a spill emergency during the work. 3. The seawall shall be inspected by a qualified professional at least every 5 years to ensure its continued integrity. The inspection report shall be submitted to the Conservation 10 City of Beverly Conservation Commission August 29, 2023 Meeting Minutes Page 11 of 13 Commission upon availability. This condition is on-going beyond the issuance of a Certificate of Compliance. 4. All stockpiling of any/all materials shall occur on the upland portions of the site. Stockpiled areas shall be protected with hay bales or straw wattles to avoid erosion into the wetland resources. 5. Copies of state and federal approvals of the work shall be forwarded to the Commission once available. Should any changes to the configuration of any part of the proposed structures result from such approval, changes must be reviewed and approved by the Commission prior to implementation in the field. 6. A contingency plan shall be developed and submitted to the Commission,prior to construction, which addresses protective measures that shall be taken in the case of a coastal storm being predicted to occur during construction. 7. All materials associated with the destroyed portion of seawall, including riprap, concrete, fencing, etc., shall be removed and appropriately disposed of off-site. 8. All areas disturbed during construction shall be immediately stabilized against erosion and revegetated with appropriate fast growing erosion control species or local indigenous plants within thirty (30) days of final on-site grading. Plants moved during construction shall be reused wherever possible. 9. The walls shall be maintained per Chapter 91 requirements. Notification shall be provided to the Conservation Commission of any future routine maintenance undertaken. 10. The homeowner shall provide the Conservation Agent with a plan showing the extent of construction access to the project site. 11. The homeowner shall abide by all of the Natural Heritage & Endangered Species Program conditions included in the April 17, 2023 letter. Buchsbaum: Motion to issue an OOC with the special conditions as discussed including standard and perpetual conditions under both the Wetlands Protection Act and the Local Wetlands Ordinance. Squibb seconds. Bertoni takes a roll call vote. Duffy and Charles abstain. Motion carries (4-0-2). b. 34 South Terrace, DEP File#5-1389— construct a fixed pier with associated gangway, floating dock, and stairs —Virginia Wallace The Commission discusses the following conditions: 1. A minimum of 30 inches between the bottom-most horizontal member of the float and the mud flat surface shall be maintained even with any float foot settling. 2. The applicant shall investigate the use of helical anchors in the place of the proposed concrete anchor block and chains. A written opinion from a qualified helical anchor installer as to why use of helical anchors are or are not feasible in this location shall be forwarded to the Commission for review. 3. Remnants of old pier and associated debris shall be removed and properly disposed of to the greatest extent possible. 4. Should any part of the pier, gangway, float or associated structures be damaged, dislodged and washed away, the owner shall be responsible for recapturing and collecting 11 City of Beverly Conservation Commission August 29, 2023 Meeting Minutes Page 12 of 13 said material for proper disposal. This condition shall survive in perpetuity beyond the issuance of a Certificate of Compliance. 5. Watercraft of any kind shall not be allowed to ground out at low tide. This condition shall survive in perpetuity beyond the issuance of a Certificate of Compliance. 6. Personal watercraft shall be stored on the float or pier. This condition shall survive in perpetuity beyond the issuance of a Certificate of Compliance. 7. As described in the NOI, the float and gangway shall be placed seasonally and shall be moved and stored outside flood zone for winter storage and before major storm events. This condition shall survive in perpetuity beyond the issuance of a Certificate of Compliance. 8. Machinery on the barge is to be inspected prior to entering the work area and repaired promptly if needed. The barge shall be removed from the work area as soon as practicable. The barge is to avoid prop dredging and unnecessary disturbance at all times. The barge shall not ground out. 9. All demolished materials, excavated soils, or other related debris shall be immediately removed from the site for appropriate disposal. 10. 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. 11. The use of timbers pressure treated with A.C.Q.(Alkaline Copper Quats), C.C.A (Chromated Copper Arsenate) 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. Redmond: Motion to issue an OOC with the special conditions as discussed including standard and perpetual conditions under both the Wetlands Protection Act and the Local Wetlands Ordinance. Squibb seconds. Bertoni takes a roll call vote. Duffy and Charles abstain. Motion carries (4-0-2). 8. Approval of Minutes a. July 18, 2023 The members review and offer edits to the July 18, 2023 draft meeting minutes. Buchsbaum: Motion to accept the July 18, 2023 meeting minutes as amended. Redmond seconds. Bertoni takes a roll call vote. Bertoni and Charles abstain. Motion carries (4-0-2). b. August 8, 2023 The members review and offer edits to the August 8, 2023 draft meeting minutes. Redmond: Motion to accept the August 8, 2023 meeting minutes as amended. Duffy seconds. Bertoni takes a roll call vote. Buchsbaum abstains. Motion carries (5-0-1). 9. Adjournment 12 City of Beverly Conservation Commission August 29, 2023 Meeting Minutes Page 13 of 13 Buchsbaum: Motion to adjourn. Redmond seconds. Bertoni takes a roll call vote. Motion carries (6-0). Meeting adjourns at 11:10 p.m. The next regular meeting of the Conservation Commission is scheduled for Tuesday, September 26, 2023. 13