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11_8_2023 Cons Com Minutes - final City of Beverly Conservation Commission November 8,2023 Meeting Minutes Page 1 of 7 CITY OF BEVERLY PUBLIC MEETING MINUTES BOARD OR COMMISSION: City of Beverly Conservation Commission DATE: November 8, 2023 LOCATION: Virtual via Google Meet MEMBERS PRESENT: Chair Christine Bertoni, Vice Chair Robert Buchsbaum, William Squibb, Tara Duffy, Chris Cloutman, Grace Charles MEMBERS ABSENT: Amber Redmond OTHERS PRESENT: Conservation Agent David Spidaliere, Conservation Field Inspector Scott White RECORDER: Naomi Moca 1. Chair Bertoni calls the meeting to order at 7:02 p.m. and conducts a roll call. Berton 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 (6-0). 2. Recess for Public Hearings 3. Notices of Intent/Abbreviated Notices of Intent/Requests for Amended Orders of Conditions a. Cont.: 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 Buchsbaum: Motion to continue the hearing to the November 28, 2023 meeting. Duffy seconds. Bertoni takes a roll call vote. Motion carries (6-0). b. Cont.: 58 South Terrace,DEP File #5-1402—extend deck and sun porch—Ralph Puopolo Property owner Ralph Puopolo, structural engineer George Atallah, and Matthew Marro of Marro Environmental Consulting are present. Marro states that top of bank as legally defined coincides with the floodplain at elevation 10. Marro states that the only added structure that qualifies as further expansion is the deck. At a ratio of 2:1, the total mitigation required adds up to 245 square feet. The plan is proposing lowbush blueberry shrub plantings which will strengthen the top of bank, provide bird habitat, and provide a vegetative buffer. Berton asks if the table with Impervious surface and mitigation calculations or a profile of the Coastal Bank were provided to the Agent, and Marro states that he will send the documents tomorrow. Bertoni asks when the most recent data is dated and Marro states November 2, 2023. Marro points out where the plantings are located on the site plan. Bertoni asks if the plan meets 1 City of Beverly Conservation Commission November 8,2023 Meeting Minutes Page 2 of 7 performance site standards, and Marro says yes. Marro proposes 2:1 mitigation plantings as a perpetual condition on an Order of Conditions. Marro states that there will be no posts on Coastal Bank. Atallah points out the portion of deck that is being added on the plan and states that two helical piles will be added. Agent Spidaliere adds that all of the deck area falls within the 25-foot No- Disturb zone to Coastal Bank. Bertoni asks what the ground disturbance or impact of installing the pilings will be. Atallah explains that the helical piles are drilled into the ground, totaling one to two square feet of disturbance. Marro agrees to add"proposed cantilevered deck" on the site plan. Buchsbaum agrees that it would be helpful to have a table laying out the data on mitigation to have on file with the Commission and MassDEP,including the profiles to coastal bank, the table, and the footings presented by Atallah. Puopolo asks if he should sort out the amount of money owed to MassDEP with Spidaliere. The Commission discusses closing the hearing with the contingency that the profiles and engineering plan will be provided to the Commission prior to work beginning. Squibb: Motion to continue to the November 28, 2023 meeting. Buchsbaum seconds. Bertoni takes a roll call vote. Motion carries (6-0). c. Cont.: 78 Grover Street,No DEP File#—construct a small pedestrian bridge— Essex County Greenbelt c/o Dave McKinnon Spidaliere states that the applicant requested to continue to the November 28, 2023 meeting since there is still no DEP File number assigned to the project. Duffy: Motion to continue the hearing to the November 28, 2023 meeting. Buchsbaum seconds. Bertoni takes a roll call vote. Motion carries (6-0). d. New: 134 McKay Street,DEP File#5-1398—request to amend Order of Conditions —City of Beverly Spidaliere reads the legal notice. Susan McArthur of McArthur Environmental Consulting and civil engineer Joseph White of BSC Group are present. McArthur summarizes that the project's purpose is to manage regular flooding of fairway 918 after rain events. White explains that the existing OOC was appealed by MassDEP because 1)there was less mitigation (created wetlands) than impacted wetlands and 2)DEP cannot accept restored wetlands as mitigation. White states that he has spoken with MassDEP several times and they recommended reducing the BVW impacts and increasing the wetland planting areas to at least equal the amount of impacted area, enabling MassDEP to withdraw their appeal. White states that the applicant 2 City of Beverly Conservation Commission November 8,2023 Meeting Minutes Page 3 of 7 pulled back the end of the fairway alteration and added a planting area to reach 5,000 square feet of wetland mitigation. McArthur states that the BVW impacts are now 4,865 square feet. Buchsbaum asks to go through the two areas of mitigation again. McArthur states that Mitigation Area"A"will be enlarged to 2,410 square feet and a retaining wall will be added in the back to hold the slope in place. Mitigation Area B is 2,590 square feet. Buchsbaum comments that DEP did not accept restoration within the wetland as mitigation. Squibb asks where the trees are coming down and White points out on the aerial in Mitigation Area A, trees will be removed to enlarge one of the compensatory flood storage areas. Buchsbaum: Motion to close the hearing. Duffy seconds. Bertoni takes a roll call vote. Motion carries (6-0). Squibb: Motion to reconvene the regular meeting. Duffy seconds. Bertoni takes a roll call vote. Motion carries (6-0). 4. Reconvene Regular Meeting 5. Requests for Determination of Applicability a. New: 252 Elliott Street—re-build a wood staircase—Richard& Jean Wilson Spidaliere reads the legal notice. Owner Richard Wilson is present and states that the building is zoned CG. At this time the upstairs unit is a commercial office that Wilson would like to convert to a two-bedroom residence. Wilson states that the plan is to replace the back staircase in the same footprint as the previous staircase and thus there will be no ground disturbance. The Commission discusses that the footers that are already in place will be used. The Commission discusses the following conditions: 1. Any excavated materials/debris shall be removed and properly disposed of offsite. 2. Storage of construction materials and dumpster shall be located on existing paved areas or outside the resource areas. 3. Prior to any work occurring, erosion controls shall be installed between the work area and the wetland resource area and shall remain in place for the duration of the work. 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. Buchsbaum: Motion to issue a negative three determination for 252 Elliott Street with the conditions as discussed. Charles seconds. Bertoni takes a roll call vote. Motion carries (6-0). b. New: 16 East Street—construct an addition and deck—Robert Heil 3 City of Beverly Conservation Commission November 8,2023 Meeting Minutes Page 4 of 7 Spidaliere reads the legal notice. Property owner Robert Heil and Gaetano Manganiello of Genesis Construction are present. Heil states that there are wetlands that cut across the neighboring property at 14 East Street. Heil presents the site plan and notes that the owners of 14 East Street built a similar but smaller addition and followed the same process. There will be erosion controls in place during construction. Bertoni asks who did the delineation and Heil states that it was completed by County Land Surveys in June 12, 2014. Squibb asks if there is a copy of the wetland plan and Heil shares the site plan with the wetland delineation from 14 East Street. Bertoni observes that the approximate edge of the wetlands is on Heil's site plan, and Heil clarifies that the surveyor possibly continued the line from the neighboring site to extrapolate where the wetlands may be, because he does not believe there is actually any wetland on his property. The Commission discusses whether a site visit is appropriate. Heil states that he believed an NOI was found to not be necessary after speaking to Spidaliere and Bill Manuell of Wetlands and Land Management, who was not present at the meeting. Spidaliere states that the deck is technically exempt per 310 CMR 10.02(2)(b)(2) as it is converting lawn to a residential structure, thus it seemed like a small impact based on the GIS information, but that the Commission may decide that it is more impactful or that an NOI is required for this job. Manganiello states that while the proposed addition, which will have full foundation, is large in comparison to the existing dwelling, the entirety of it is outside the 50-foot No Build Zone. The deck will rest on 3 support posts. Bertoni asks how stormwater is being addressed for the new impervious surfaces. Manganiello states that appropriately sized CULTEC systems will be installed for the downspouts to drain into on both sides of the property. The Commission discusses that this information shall be included in the application. Squibb asks if the addition will be two stories high, and Manganiello states yes. The existing shed is within the 50-foot buffer. The Commission discusses that the resource is BVW. Squibb states a site visit may be helpful in clarifying the edge of the wetlands. The Commission discusses that further information on stormwater management, would be helpful. Squibb asks how the rooflines of the structures will be joined, and Manganiello states that they will be overlaid. Manganiello shares the plan of the exterior. A site visit is scheduled for Saturday,November 11, 2023 at 8 a.m. The Commission requests that Heil stake out the corners of the addition's foundation prior to the site visit. Heil and Manganiello agree to provide the stormwater management plan to the Commission. Squibb: Motion to continue the hearing to the November 28, 2023 meeting. Charles seconds. Bertoni takes a roll call vote. Motion carries (6-0). 6. Requests for Certificates of Compliance 4 City of Beverly Conservation Commission November 8,2023 Meeting Minutes Page 5 of 7 a. New: 32 Kennel Hill Drive,DEP File #5-1285—remove and replace a deck and shed and construct a room to replace an enclosed porch—Katalin Connolly Property owner Katalin Connolly is present. Spidaliere states that Conservation Field Inspector White conducted a site visit and reported that the work was done according to the approved plan with no modifications. White states that the plantings were established and the concrete pad was removed. Buchsbaum: Motion to issue a Complete Certificate of Compliance for 32 Kennel Hill Drive, DEP File 95-1285. Duffy seconds. Bertoni takes a roll call vote. Motion carries (6-0). 7. Old/New/Other Business a. Emergency Certifications i. 58 South Terrace—emergency foundation repair Spidaliere states that he issued the emergency certification with a start date of today,November 8, 2023 based on the building being a public hazard. Spidaliere states that the Engineering Department and the Building Department approved the plan. Buchsbaum: Motion to ratify the emergency certification for 58 South Terrace. Squibb seconds. Bertoni takes a roll call vote. Motion carries (6-0). b. Potential Violations i. Cont.: 531R Hale Street—Loring Trust, Caleb Loring III Property owner Caleb Loring III is present. Project Wetland Scientist Devin Morse of Hancock Associates is present and states that a plan was drafted for the site. Morse shares the site plan, which is in draft form. Morse points out the bituminous concrete driveway belonging to Peter Loring. Adjacent to the driveway is the Wetland A. Squibb asks if the wetland is mostly in the area of the common lot, and Morse states yes. The Commission discusses that a site visit may be appropriate after Hancock Associates has a restoration plan finalized. Morse states that a restoration plan will not be ready in time for the November 28, 2023 meeting. Loring III states that any restoration work will have to wait to begin until Spring 2024.Morse states that she met with the property owners when she was retained. ii. Cont.: 569-573 Hale Street—Peter & Babette Loring Babette Loring is present and expresses that she and the other property owners would like to attend the site visit as well. 5 City of Beverly Conservation Commission November 8,2023 Meeting Minutes Page 6 of 7 c. Other: Discussion or Action Items Related to Commission Business, Correspondence, etc. Received/Issued After Publication of Agenda,If Any Spidaliere states that Redmond is stepping down from the Open Space and Recreation Committee as this Commission's representative and Charles expresses interest in taking her place on the OSRC. Spidaliere agrees to send information to Charles. d. Expenditure Approvals i. Conservation Agent October Mileage Duffy: Motion to approve the October 2023 mileage reimbursement totaling $12.03. Squibb seconds. Bertoni takes a roll call vote. Motion carries (6-0). ii. Conservation Field Inspector October Mileage Squibb: Motion to approve the October 2023 mileage reimbursement totaling $21.08. Duffy seconds. Buchsbaum takes a roll call vote. Motion carries (6-0). 8. Orders of Conditions,if any a. 134 McKay Street,DEP File#5-1398—request to amend Order of Conditions— City of Beverly The Commission discusses that all the conditions remain in place. The Commission discusses adding the following special condition: 1. 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 in the vicinity of the construction of the retaining wall. Buchsbaum: Motion to issue an amended OOC for 134 McKay Street, DEP File 95-1398 with the additional special condition as discussed. All existing conditions shall remain in place. Squibb seconds. Berton takes a roll call vote. Motion carries (6-0). 9. Approval of minutes a. October 17,2023 The members review and offer edits to the October 17, 2023 draft meeting minutes. Buchsbaum: Motion to accept the October 17, 2023 meeting minutes as amended. Squibb seconds. Bertoni takes a roll call vote. Motion carries (5-0-1). Berton abstains. 10. Adjournment 6 City of Beverly Conservation Commission November 8,2023 Meeting Minutes Page 7 of 7 Duffy: Motion to adjourn. Charles seconds. Bertoni takes a roll call vote. Motion carries (6-0). Meeting adjourns at 9:45 p.m. The next regular meeting of the Conservation Commission is scheduled for Tuesday, November 28, 2023. 7