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01_9_2024 Cons Com Minutes - final City of Beverly Conservation Commission January 9,2024 Meeting Minutes Page 1 of 8 CITY OF BEVERLY PUBLIC MEETING MINUTES BOARD OR COMMISSION: City of Beverly Conservation Commission DATE: January 9, 2024 LOCATION: Virtual via Google Meet MEMBERS PRESENT: Chair Christine Bertoni, Vice Chair Robert Buchsbaum, William Squibb, Tara Duffy, Chris Cloutman, Grace Charles, Amber Redmond 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 7:00 p.m. and announces that going forward, all Conservation Commission meetings will begin at 6:30 p.m. Berton conducts a roll call. Bertoni reads the public notice regarding holding meetings remotely due to COVID-19. Duffy: Motion to recess for public hearings. Redmond seconds. Bertoni takes a roll call vote. Motion carries (7-0). 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 #5-1404 —construct a pier and floating dock— 140 Livingstone LLC Conservation Agent Spidaliere states that the applicant requested a continuance to the January 30, 2024 meeting. Buchsbaum: Motion to continue the hearing to the January 30, 2024 meeting. Squibb seconds. Bertoni takes a roll call vote. Motion carries (7-0). b. Cont.: 0 Hale Street,DEP File#5-1348—request to amend Order of Conditions— Endicott College c/o Rick Gagnon Jeramy Packard of Foth Infrastructure& Environment is present on behalf of the applicant and states that the applicant provided the updated site plan which includes the knee wall, the eelgrass beds, and an additional request by Endicott College to remove a Red Oak tree. Packard shares the eelgrass survey plan. Packard shares the updated plan dated January 5, 2024, with the Commission, including the concrete truck clean out procedures and the location of the single tree to be removed. Packard shares photos of the tree's precarious position adjacent to the gatehouse. 1 City of Beverly Conservation Commission January 9,2024 Meeting Minutes Page 2 of 8 Bertoni asks what the anticipated tree removal technique will be. Packard states that the three trunks of the tree will be cut individually, and then the single trunk that they share will be removed along with the root ball. It is within the 25-foot No-Disturb Zone. Bertoni states that the Commission prefers the tree be flush cut to prevent disturbance and destabilization of the bank. Cloutman confirms that the tree is rotten at the base. Packard confirms that there is a certified arborist on the staff and states that he will verify if Endicott is amenable to replacing the tree somewhere else on the property. Redmond: Motion to close the hearing. Buchsbaum seconds. Bertoni takes a roll call vote. Motion carries (7-0). Buchsbaum: Motion to reconvene the regular meeting. Duffy seconds. Bertoni takes a roll call vote. Motion carries (7-0). 4. Reconvene Regular Meeting 5. Requests for Determination of Applicability a. Cont.: 114 Livingstone Avenue—determination of jurisdiction—Brian Marks Spidaliere states that the applicant requested a continuance to the January 30, 2024 meeting. Squibb: Motion to continue the hearing to the January 30, 2024 meeting. Charles seconds. Bertoni takes a roll call vote. Motion carries (7-0). b. New: 9 Kennedy Drive—install an above-ground pool and patio—Michael Sabella Spidaliere reads the public notice. Property owner Michael Sabella and wetlands scientist Karon Catrone are present. Catrone shares the site plan and states that the proposed work is for the installation of a 16-foot by 24-foot above-ground pool with a two-foot cantilever deck on three sides of the pool and an eight-foot patio deck on one end of the pool. The project will entail leveling the area, which includes the addition of sand, and installing the pool on top of the sand. There is no tree removal proposed with the project and the area the pool will occupy is currently covered with grass. The Commission reviews a photo of the rear yard. Sabella clarifies that the sand area pictured was under the trampoline and was not the site of a previous above-ground pool. Bertoni asks if the delineation includes the measuring of hydric soils. Catrone states yes and states that the stream runs about one foot lower than the grass covered backyard. The wetland was flagged by Catrone on November 11, 2023, and the BVW determination form is included in the application. The Commission discusses that there will be minimal grading or leveling needed on the site. The Commission discusses that construction vehicle access will be by way of the driveway on the left 2 City of Beverly Conservation Commission January 9,2024 Meeting Minutes Page 3 of 8 side of the house, but it does not appear on the site plan. There are flags on the plan, but no buffers. The depth of the pool will be four feet. Catrone states she does not know how the pool will be filled, that there will be no drawdown, and that the filter trap will capture debris to be discarded. Sabella states that he is amenable to using whatever method the Commission recommends to fill the pool and that there will be no draining of the pool, with it being covered in the off-season. The Commission requests an updated site plan with the 25-foot and 50-foot buffers and discusses that it may be appropriate to conduct a site visit. The Commission requests a site plan with the construction details, the method of access to the site, and a mitigation plan. The Commission discusses the possibility of shifting the pool's location. A site visit is scheduled for Saturday, January 27, 2024 at 8:00 a.m. Catrone agrees to have the flags placed at the time of the visit. Redmond: Motion to continue the item to the January 30, 2024 meeting. Squibb seconds. Bertoni takes a roll call vote. Motion carries (7-0). 6. Old/New/Other Business a. Minor Modifications to Orders of Condition,If Any i. New: Longview Terrace, DEP File #5-1395 Kyle Purdy and Raymond Cadorette of Jacobs Engineering are present on behalf of the applicant. Purdy states that in the course of the work, a 4-inch clay drainpipe was discovered under an area that was formerly farmland. The applicant is requesting to investigate the pipe, which entails scoping it with a camera to determine its condition, and then deciding how best to handle it. This investigation will result in temporary impacts to the Bank and Land Under Water Bodies and Waterways. Purdy states that no new or unexpected contaminated source, such as farm seepage, has been found. The stream mats have now been successfully installed. The proposal is to excavate and access the pipe upland of the installed mat and then report the findings to the Commission and MassDEP. Purdy states that after the investigation, the pipe will likely be left in place and backfilled to preconstruction contours. Purdy clarifies that the pipe runs westward. The site of the pipe is behind the intersection of Longview Terrace and Longview Drive. The Commission discusses that the erosion controls will remain in place. The Commission discusses that the applicant may need to file an RDA or NOI(new filing) depending on what is needed to restore the area. Purdy states that the pipe has flow-through and Cadorette states that it is not connected to another wetland area. 3 City of Beverly Conservation Commission January 9,2024 Meeting Minutes Page 4 of 8 Buchsbaum: Motion to approve the minor modification. Squibb seconds. Bertoni takes a roll call vote. Motion carries (7-0). b. Extension to Orders of Condition,If Any i. New: 55 Ober Street,DEP File #5-1312 The Commission discusses that requests for extension must be filed at least 30 days before the expiration date, and this request was filed three to four days before the expiration date of December 22, 2023. Spidaliere states that the application states that the project has been delayed due to federal funding delays. Work that has been completed to this point is the repairs to the seawall. There are still some additional repairs that need to be completed, and that is why the applicant is asking for an extension. This is the first extension request for this OOC. The Commission discusses that the State requires 30 days prior notice and that is out of the control of the Commission. Charles: Motion to deny the extension request under the Wetlands Protection Act and the local ordinance. Squibb seconds. Bertoni takes a roll call vote. Motion carries (7-0). ii. New: 63 Lothrop Street,DEP File#5-1282 The Commission discusses that the extension request was filed 24 days before the expiration date. Bob Griffin of Griffin Engineering is present on behalf of the applicant and states that it still has to go to DEP Waterways and that the late filing is a minor issue, in his opinion. Griffin points out that the DEP may overturn the Commission's decision even if it decides in favor of extension. The Commission discusses that the State requires 30 days prior notice and that is out of the control of the Commission. The Commission discusses the option to extend under the local ordinance. Buchsbaum: Motion to deny the extension request under the Wetlands Protection Act and the local ordinance. Bertoni seconds. Bertoni takes a roll call vote. Motion carries (5-2) (Charles, Redmond against). The Commission discusses requesting clarification from DEP on this regulation and Spidaliere agrees to request more clarity on the intent of the regulation. Spidaliere agrees to research how Conservation Commissions in other localities interpret the regulation. c. Enforcement Matters If Any 4 City of Beverly Conservation Commission January 9,2024 Meeting Minutes Page 5 of 8 i. New: 531R Hale Street Spidaliere clarifies that as of the last meeting the matter was only a potential violation and that the applicant is working on a restoration plan as discussed in previous meetings. Today Spidaliere is presenting the Enforcement Order for the Commission to either ratify or amend. Spidaliere states that one of the beneficiaries of the trust of the properties brought a granite stone to his attention to potentially include its removal and site restoration to the Enforcement Order. The Commission discusses that an additional site visit may be beneficial as the tree cutting and vegetation along the BVW were the focus of attention and as a few members were not in attendance at the first site visit. Spidaliere states that he conducted a site visit and observed that the granite is on the trail system. The commission discusses ratifying the Enforcement Order, revisiting the matter at the January 30, 2024 meeting with new information, including the granite, and potentially scheduling a site visit at the January 30, 2024 meeting. Squibb: Motion to ratify the Enforcement Order for 531R Hale Street as presented. Redmond seconds. Bertoni takes a roll call vote. Motion carries (7-0). ii. New: 569, 573, & 579 Hale Street Squibb: Motion to ratify the Enforcement Order for 569, 573, & 579 Hale Street. Redmond seconds. Bertoni takes a roll call vote. Motion carries (7-0). Spidaliere agrees to notify the owners of the properties included in both Enforcement Orders that the Commission plans to schedule an additional site visit at the January 30, 2024 meeting. d. Potential Violations i. New: 344 Old Essex Road Spidaliere states that the property has been abandoned, and there is an intermittent stream that runs behind it. There are concerns about the amount of debris such as trash,tires, and chairs being close to the stream. Spidaliere issued a violation letter on December 12, 2023, directing the property owner to contact him for an official site visit and to appear at today's meeting to receive corrective actions from the Commission. There has been no communication from the property owner. The Commission discusses that while it is not lawful to enter this property without the owner's permission, it may be partially observable from adjacent public areas or adjacent properties, with those property owners' permission. Squibb states that in 2022 there was a garage that collapsed at this property and was torn down. The Commission discusses ways to reach the property owner as the property is abandoned and it is not possible to send mail via certified return receipt to the 5 City of Beverly Conservation Commission January 9,2024 Meeting Minutes Page 6 of 8 associated P.O. Box. The Commission discusses documenting the actions in the event that an Enforcement Order is necessary which includes taking photos of the property, consulting tax records for an accurate mailing address, and consulting with the City Solicitor on the matter. Bertoni emphasizes laying the proper legal groundwork before issuing an Enforcement Order or fines. Spidaliere agrees to issue a second violation letter. ii. New: 345 Hale Street Engineer George Zambouras and property owner Brad Paul are present. Spidaliere states that on December 14, 2023,he learned of a significant amount of unpermitted activity within and around a pond at this property. On December 15, 2023, Conservation Field Agent White confirmed that there were multiple pieces of excavation equipment within close proximity to the resource area, a dewatering pump and associated hoses within the resource area, clear occurrence of excavation activities, and storage of removed rock ledge within close proximity to the resource area. Spidaliere states he sent a violation letter to the property owner to schedule an official site visit. Paul informed Spidaliere that in 2006,the Director of Engineering for the City of Beverly helped fix a drainage pipe break on the property and as there were no permits required for it, he assumed he could do the same thing on his own. Spidaliere states that at the December 26, 2023 site visit, Paul explained that the property at 2 Prince Street had flooding issues and that several trees on the 345 Hale Street property are being flooded/choked out. Paul allowed the neighbor to mobilize the excavation fleet on his property to replace a clay pipeline that runs along both properties. Spidaliere states that he observed a large pile of ledge spoils stored on the bank of the pond, the filling of a portion of the pond to inhibit flooding, the clearing of vegetation within the buffer zone, and the dewatering of the pond. Zambouras shares the site plan and states that there is a drain line that runs from the easterly side of the property, through the 345 Hale Street property with one catch basin, and onwards toward Prince Street. The drain appears to be a private drain by default since the City and State deny responsibility for it. While a portion of the drain line was repaired by the City in 2005, the entirety of it was not repaired. Zambouras states that he believes there is a buried catch basin. Recently, the drain has flooded in rain events, causing severe damage to the surrounding structures, particularly the home at 2 Prince Street. Zambouras shares photos of the easterly side of the driveway on the Endicott College side of the property, and the west side of the driveway. Zambouras points out the drastic difference between the pictures when the area was dry, and now when it is completely flooded. While the question of the responsibility for the drainage of the site remains in question,the lack of maintenance has resulted in improper drainage of stormwater runoff, so Paul is willing to complete the repairs now. Zambouras states that Paul is proposing to continue from where the City repair work stopped in 2005. The Commission discusses whether the resource is a jurisdictional wetland, as it has not been delineated and was determined to be a wetland only by aerial survey. Zambouras states that 6 City of Beverly Conservation Commission January 9,2024 Meeting Minutes Page 7 of 8 it almost certainly is land subject to flooding, and the applicant is requesting permission to dig up the pipe and repair/replace it. Bertoni asks how the dewatering is being accomplished, and Zambouras states that the water is clean. Zambouras states there is a natural earth berm that keeps the water from overflowing, as long as dewatering continues. Zambouras expresses willingness to use erosion controls and/or silt socks where needed. The Commission discusses whether an Emergency Certification is appropriate in this case since it needs to be certified as a public health or safety issue by the Engineering Department or DPW. The Commission discusses that it is not possible to determine whether there are wetlands on the site in the current state. Spidaliere agrees to issue an Emergency Certification and pursue ratification with the signoff/guidance of the Engineering Department or DPW. The Commission discusses that the Emergency Certification is good for 30 days, cannot be renewed, and is for repairs only, not improvements. The Commission discusses that about 200 feet will need to be replaced. e. Other: Discussion or Action Items Related to Commission Business, Correspondence, etc. Received/Issued After Publication of Agenda,If Any i. Review Hazard Tree Removal Form The Commission discusses adding a space for a certified Arborist license number to the Hazard Tree Removal form, and the difference between an Arborist and a tree contractor. Cloutman, and Duffy volunteer to form the subcommittee to draft a revised form. The Commission discusses whether Cloutman has a conflict of interest with being on the Committee as an owner of a tree company. Spidaliere states that Department of Planning and Development Director Darlene Wynne suggested consulting with the State Ethics Board. Cloutman agrees to reach out to the State Ethics Board for guidance and states that he would recuse himself from any matter involving his company. ii. Field Inspector- 6-Month Update Spidaliere states that upon White's completing six months in the role,he met with Wynne to review the position. Wynne and Spidaliere agree that White has been a great addition and that his excellent work frees up Spidaliere's time to focus on projects such as a City beach management plan, among other things. The Commission expresses gratitude to White. f. Expenditure Approvals,If Any i. Conservation Agent and Conservation Field Inspector December 2023 Mileage 7 City of Beverly Conservation Commission January 9,2024 Meeting Minutes Page 8 of 8 Redmond: Motion to approve the Conservation Agent December 2023 mileage reimbursement totaling $7.50 and to approve the Conservation Field Inspector December 2023 mileage reimbursement totaling $20.83. Duffy seconds. Berton takes a roll call vote. Motion carries (7-0). 7. Orders of Conditions a. 0 Hale Street, DEP File #5-1348 —request to amend Order of Conditions—Endicott College c/o Rick Gagnon The Commission discusses adding the following special conditions: 1. Erosion and sediment controls shall be in place during placement of toe-stones and around the staging area. 2. Provide a planting plan to the Conservation Agent with coastal shrubs to replace the removed Red Oak tree in order to maintain the stability of the bank and with a replacement Red Oak tree, or equivalent tree,if there is a suitable place for it on the property. Duffy: Motion to approve the amendment to the existing Order of Conditions for 0 Hale Street, DEP File 95-1348 with the existing conditions and the additional conditions as discussed including general, standard, and perpetual conditions under both the Wetlands Protection Act and the Local Wetlands Ordinance. Berton seconds. Bertoni takes a roll call vote. Motion carries (7-0). 8. Approval of Minutes a. December 19,2023 The members review and offer edits to the December 19, 2023 draft meeting minutes. Redmond: Motion to accept the December 19, 2023 meeting minutes as amended. Buchsbaum seconds. Bertoni takes a roll call vote. Motion carries (7-0). 9. Adjournment Buchsbaum: Motion to adjourn. Bertoni seconds. Bertoni takes a roll call vote. Motion carries (7-0). Meeting adjourns at 9:38 p.m. The next regular meeting of the Conservation Commission is scheduled for Tuesday, January 30,2024, at 6:30 p.m. 8