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01_30_2024 Cons Com Minutes - final City of Beverly Conservation Commission January 30,2024 Meeting Minutes Page 1 of 13 CITY OF BEVERLY PUBLIC MEETING MINUTES BOARD OR COMMISSION: City of Beverly Conservation Commission DATE: January 30, 2024 LOCATION: Virtual via Google Meet MEMBERS PRESENT: Chair Christine Bertoni,Vice Chair Robert Buchsbaum, Tara Duffy, Chris Cloutman, Grace Charles, Amber Redmond MEMBERS ABSENT: William Squibb OTHERS PRESENT: Conservation Agent David Spidaliere, Conservation Field Inspector Scott White RECORDER: Naomi Moca 1. Chair Bertoni calls the meeting to order at 6:30 p.m. and conducts a roll call. Bertoni reads the public notice regarding holding meetings remotely due to COVID-19. Duffy: 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.: 140 Livingstone Avenue,DEP File #5-1404—construct a pier and floating dock— 140 Livingstone LLC Jamy Madeja of Buchanan and Associates and Bob Griffin of Griffin Engineering are present on behalf of the applicant. Griffin states that the Commission conducted a site visit on December 30, 2023. Griffin presents the design details of the pier and floating dock and a Danvers River pier and dock length comparison table. The pier's length is 288 feet. Griffin shares an aerial photograph of the site from July 2023 and demonstrates the pier position in the photograph. Vice Chair Buchsbaum observes that a report on the viability of piers as wildlife habitat for mollusks on a regular basis,perhaps annually, would be beneficial, and Griffin agrees. Bertoni asks whether the applicant will move the concrete block off of Coastal Bank and Griffin states yes. Bertoni asks who conducted the delineation of the salt marsh, and Griffin states that he did a visual delineation. Duffy asks how smaller watercraft will be secured to the float surface. Griffin states that there is no vegetation at that distance that would be impacted, and approximately four kayaks and paddleboards will be latched on top of the float when they are not in use in the water. Redmond: Motion to close the hearing. Buchsbaum seconds. Bertoni takes a roll call vote. Motion carries (6-0). b. New: 110-228 Common Lane,DEP File #5-1405—natural gas line installation— Boston Gas Company 1 City of Beverly Conservation Commission January 30,2024 Meeting Minutes Page 2 of 13 Spidaliere reads the legal notice. Kelan Koncewicz of DHB is present on behalf of the applicant and presents the site map. Koncewicz states that the application is for the installation of a subsurface natural gas line within the roadway of Common Lane between 110 and 228 Common Lane and a portion of Thissell Street. The work will require saw cutting, excavating within the roadway, installation of the proposed gas main, and resurfacing the portions of Common Lane removed for the project. No impacts are proposed to culverts. Mitigation includes erosion controls and pavement sweeping. Buchsbaum asks whether the vernal pool data is the most recent available data, and Koncewicz states yes. Koncewicz states that the applicant is requesting a waiver for the work within the 100- foot No Disturb Zone of vernal pools. Bertoni observes that the critter crossing was put in place on Common Lane for Spotted Salamanders and Wood Frogs, and in one of the slides (photo #14) an open grate is visible. Koncewicz states that part of the critter crossing will be removed during construction and then replaced in-kind once complete. Bertoni asks who will oversee the project, and Koncewicz states that DHB has a contract with the applicant to support environmental compliance. Bertoni states that the critter crossing was installed by the City and its proper reconstruction is important. Buchsbaum suggests adding a condition to schedule construction to avoid salamander migration season, which generally occurs in late March through late April. Redmond: Motion to close the hearing. Charles seconds. Bertoni takes a roll call vote. Motion carries (6-0). c. New: 0 Trask Lane,No DEP File # as of posting—Abbreviated Notice of Resource Area Delineation—Corcoran Trask Lane LLC c/o Peter Mahoney Spidaliere reads the legal notice. Bertoni announces that this step is part of a process by which the wetlands are delineated and that it is currently out of season for the Commission to do an ANRAD determination. Miranda Siemasko of Glovsky and Glovsky is present on behalf of the applicant and emphasizes Bertoni's comments that today's meeting is to determine the delineation and that there is no project being proposed at this time. Peter Ogren of Hayes Engineering is present and presents the site map and gives details on the wetland resource areas and associated buffer zones. Ogren states that a pond in the area is not a suspected vernal pool. Spidaliere states that April 15 through October 1 is the normal review period for ANRAD reviews per the Beverly Ordinance. Buchsbaum asks why "hydrology not typical for this time of year"was checked on the Bordering Vegetated Wetlands checklist, and Ogren states that it was wetter than normal for this time of year,possibly due to the wet weather in Fall 2023. Patrick Knight of 4 Duck Pond Road Unit 9202 is present and requests clarification on the process. Ogren states that the flagging of the wetlands does not affect the wetlands, it is just a 2 City of Beverly Conservation Commission January 30,2024 Meeting Minutes Page 3 of 13 process to delineate topography and resources. Bertoni states that if any project were proposed on the property, there is a process where the applicant would need to come before the Commission with a formal application. Lynn Malevich of 4 Duck Pond Road asks what the urgency is to get the delineation done outside of the typical season. Siemasko answers that this step is needed before moving through other procedural matters to go before the Planning Board. The property is under agreement and the applicant must maintain legal obligations under that agreement, and the delineation will help move the approval processes forward. Buchsbaum: Motion to continue the hearing to the March 12, 2024 meeting. Redmond seconds. Bertoni takes a roll call vote. Motion carries (6-0). d. New: 9 Ober Street,No DEP File #as of posting—construction of building addition, carriage house, and cabana—Ocean View Realty Trust c/o Charles Harris Spidaliere reads the legal notice. Bob Griffin of Griffin Engineering is present on behalf of the applicant and shares an aerial photo of the site and the site plan. The proposed addition is 89 feet from the Coastal Bank at its closest point. There is no impact on Flood Zones. Buchsbaum asks what the perviousness of the blue stone patio is, and Griffin states that it is impervious,which is why there are drains connected to a 1,000-gallon dry well to capture runoff. Redmond asks what the spacing between the blue stone pavers is, and Griffin says none. Buchsbaum asks what the mitigation plan is, and Griffin answers that six bayberry plantings will be installed next to the patio. Bertoni asks whether Griffin has any concerns about erosion from the roof runoff, and Griffin states that the size of the lawn relative to the size of the roof should be adequate to handle the runoff. A site visit is scheduled for Saturday, February 10, 2024 at 8:00 a.m. Charles: Motion to continue the hearing to the February 21, 2024 meeting. Redmond seconds. Bertoni takes a roll call vote. Motion carries (6-0). e. New: Multiple Addresses,No DEP File # as of posting—City-wide Beach Management Plan—City of Beverly Spidaliere reads the legal notice. Assistant Commissioner of Public Services Eric Barber is present and states that the Department is working to standardize its operations and implement a City Beach Management Plan. Barber states that he believes the work on the plan is standard and low-impact and includes cleaning, raking, trash removal, sea wall repair, debris and dead aquatic life removal, and sand moving as needed before major storms. The equipment includes hand tools and large rubber-tired equipment such as loaders, backhoes, dump trucks, and surf rakes. The work is timed to occur during receding tides. 3 City of Beverly Conservation Commission January 30,2024 Meeting Minutes Page 4 of 13 Barber states that the Department has implemented an Operator-Driven Reliability (ODR)plan, requiring that staff conduct daily walkarounds of equipment before operations to lessen its reliance on a fleet of mechanics. Barber states that the plan is limited to City-owned beachfront resources and its objectives are to maintain the sites, improve aquatic life,increase environmental resilience, and maintain access. Bertoni expresses gratitude for the Department's diligence in creating this much-needed plan. Bertoni states that in her opinion, the repair of seawalls is a nonstarter. Buchsbaum asks about the ownership of beaches such as Brackenbury, where the right of way is the only public portion of the beach. Barber states that, in situations such as Brackenbury, Mingo, and Rice's beach locations, the plan aims to only use the right of way to access the shoreline when necessary, and not to maintain the entire beach. Barber gives the example of Mingo Beach where access is only needed for general observation and sampling. Buchsbaum states that some amount of seaweed is beneficial to habitat, and Barber states that the raking practices on the plan are the same as what can be seen on the beaches today. Charles asks if a survey of wildlife is conducted before raking or at any point. Barber states that the rake picks up debris to a depth of six to eight inches and transfers it to a hopper to be disposed of. To this point, there has never been evidence of picking up anything of substance. Bertoni confirms with Spidaliere that the beaches listed are publicly owned by the City. Bertoni proposes a working session to review the beach management plan. Duffy asks how a distinction is made between repairs to minor damage versus major damage and what happens if equipment damages coastal habitat. Duffy states that it would be beneficial for the plan to include how marine mammals or sea turtles that wash up are removed. Karen Bloodgood of 116 Lothrop Street is present and expresses gratitude for the City's efforts in managing overflow from storms. Bloodgood states that when the City pulls the sand away is incredibly helpful in saving homes. Bertoni proposes an in-person working meeting to go through the plan. Buchsbaum suggests that a subcommittee may review it and then present it at a future meeting. Bertoni states that there needs to be more information provided for beach specific activities. Barber states that Foth Engineering is providing an independent review of the plan for additional recommendations for permitting, including researching Chapter 91 licenses for seawall repairs. Barber states that he will give the plan another pass to answer the Commission's questions and address their concerns rather than having a special meeting scheduled with the Commission to revise it. Buchsbaum: Motion to continue to the February 21, 2024 meeting. Redmond seconds. Bertoni takes a roll call vote. Motion carries (6-0). Redmond: Motion to reconvene the regular meeting. Buchsbaum seconds. Bertoni takes a roll call vote. Motion carries (6-0). 4 City of Beverly Conservation Commission January 30,2024 Meeting Minutes Page 5 of 13 4. Reconvene Regular Meeting 5. Requests for Determination of Applicability a. Cont.: 114 Livingstone Avenue—determination of jurisdiction—Brian Marks Property owner Brian Marks, Marshall Handly of Handly and Cox, and Michael DeRosa of DeRosa Environmental Consulting are present. DeRosa presents points in favor of the ditch not being a jurisdictional wetland resource but rather a manmade stormwater conveyance. DeRosa presents historical aerial photos demonstrating the existence of the depression and requests a negative one determination. Bertoni cites previous precedents for the stream being jurisdictional and states that she has a different interpretation of MassDEP's definition of a stream. Buchsbaum expresses hesitance to overturn the previously approved delineation and the Commission discusses other options for the decision. Bertoni states that there is evidence that people use the area as a dumping ground for leaves and trash. Handly asks whether the source of the water into the ditch is street runoff. Bertoni states that the resource has been determined to be an intermittent stream and thus she is not comfortable with overturning it. DeRosa observes that the wetlands scientist who conducted the previous delineation did not find wetland vegetation or hydric soils. The Commission discusses the option of having a peer review done, and Handly asks whether the peer review would result in a binding decision. Berton: Motion to issue a positive one determination. There is no second. Motion fails. Duffy states that it is appropriate to have a third-party peer review of the matter. Spidaliere agrees to send a request for quotes to outside consultants for peer review purposes. Handly questions whether the Commission would only use third-party consultants who are favorable to the ditch being a jurisdictional resource, and Berton responds that that is an unfair implied characterization of the Commission. Buchsbaum: Motion to continue to the February 21, 2024 meeting. Redmond seconds. Motion carries (6-0). b. New: 9 Kennedy Drive—install an above-ground pool and patio—Michael Sabella Spidaliere states that the applicant requested to continue to the February 21, 2024 meeting. Redmond: Motion to continue the item to the February 21, 2024 meeting. Buchsbaum seconds. Bertoni takes a roll call vote. Motion carries (6-0). 5 City of Beverly Conservation Commission January 30,2024 Meeting Minutes Page 6 of 13 c. New: 254 Essex Street—replace 5 small bridges —YMCA of the Northshore c/o Tim Flaherty Spidaliere reads the legal notice. Beverly resident David Alden-St. Pierre is present in his capacity as a neighbor to the property. YMCA of the Northshore Executive Director Tim Flaherty is present. Alden-St. Pierre states that the small water crossings came to his attention and he proposed replacing them with wooded bridges to Flaherty,who was amenable to the proj ect. Buchsbaum asks whether the trail is in the OSRC trail map and Alden-St. Pierre states yes. Buchsbaum asks whether the bridges will be located near the pond and the applicant states no. Charles asks for clarification of what a bog bridge is, and Alden-St. Pierre states that it is a type of plank surface bridge that is stabilized with sleepers. Alden-St. Pierre states that he will construct the bridges at his home and then transport them to the site to install them. The Commission discusses the following conditions: 1. Any excavated materials/debris shall be removed and properly disposed of offsite. 2. Any debris entering the streams/pond 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 and shall be reported to the Conservation Agent. 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. Buchsbaum: Motion to issue a negative 2 and 3 determination with the conditions as discussed. Redmond seconds. Bertoni takes a roll call vote. Motion carries (6-0). d. New: 0 Trask Lane—test pits—Corcoran Trask Lane LLC c/o Peter Mahoney Spidaliere reads the legal notice. Peter Ogren of Hayes Engineering is present on behalf of the applicant and states that in response to a request by the Planning Board, the applicant needs to dig test pits to determine soil conditions in the roadway and to determine the depth of the waterline at the site. Ogren states that all activity will take place on the gravel roadway and all pits will be backfilled same day. Bertoni clarifies with Ogren that the application is only for test pits for planning purposes and not for any planned project. 6 City of Beverly Conservation Commission January 30,2024 Meeting Minutes Page 7 of 13 The Commission discusses the following conditions: 1. Prior to any work occurring, erosion controls shall be installed between the work area and the wetland resource areas and shall remain in place until final site stabilization. A site visit shall be scheduled with the Conservation Agent to inspect the erosion controls prior to the start of work. 2. Storage of equipment shall be located on existing paved or gravel areas and as far from the resource areas as possible. 3. A spill kit shall be on site for the duration of the work. 4. Test pits shall be backfilled on the same day that they are dug. Ogren asks for suggestions for erosion control, and Bertoni states that silt sock is recommended. Ogren states that the work is planned for February 1 and 2, 2024 due to the favorable weather prediction and Bertoni states that there is a 10-day appeal period once the DOA is issued, so the developer would have to go forward at his own risk. Ogren states that he will discuss the appeal period with the developer. Buchsbaum: Motion to issue a negative 3 determination with the conditions as discussed. Redmond seconds. Berton takes a roll call vote. Motion carries (6-0). 6. Requests for Certificates of Compliance a. New: 0 LP Henderson Road,DEP File 45-88 —modifications to sewage treatment facility—Beverly Airport Commission Wetlands Scientist Susanna Souza and David Nitzsche of GZA GeoEnvironmental are present on behalf of the Beverly Airport Commission. Bertoni asks if there is an OOC on file and Spidaliere states yes. Nitzsche states that the FAA declined to look for the as-built plan. Buchsbaum: Motion to issue a complete Certificate of Compliance for 0 LP Henderson Road, DEP File 45-88. Redmond seconds. Bertoni takes a roll call vote. Motion carries (5-0-1). Buchsbaum votes against. b. New: 0 LP Henderson Road,DEP File #5-501 —original installation of perimeter security fence—Beverly Airport Commission Nitzsche states that the revision of the perimeter security fence entailed moving it out of the wetlands area and into buffer zones wherever possible.Nitzsche states that the installation was completed. Bertoni asks if a plan exists showing the perimeter fence as it is now. White states that he observed that on the eastern side of LP Henderson Road, the revised fence is blended into the existing fencing. Bertoni states that it is appropriate for the plan to be reviewed by the Commission. The Commission reviews the plan dated 1995. Spidaliere reads the perpetual conditions on the OOC: H3. No salt or chemical de-icing agents shall be used on the site. This restriction shall apply to the applicant, all successors in interest, and persons in possession. 7 City of Beverly Conservation Commission January 30,2024 Meeting Minutes Page 8of13 H4. The applicant, all successors in interest, and persons in possession are requested, but not required, to be mindful of the potentially harmful effects which the use of herbicides and pesticides may have on the resource area. H5. The applicant, all successors in interest, and persons in possession shall be responsible, in perpetuity, for the maintenance of the gas traps and appurtenant structures. Redmond: Motion to issue complete Certificate of Compliance for 0 LP Henderson Road, DEP File 95-501 with the perpetual conditions as discussed, accepting the 1995 plan as the as-built. Buchsbaum seconds. Bertoni takes a roll call vote. Motion carries (6-0). c. New: 0 LP Henderson Road,DEP File #5-569—vegetation management plan— Beverly Airport Commission Sousa states the management plan was to maintain a safe, navigable air space.Nitzsche states that there is a yearly operational plan for management and that it is updated every five years to maintain it, with the objective of the area to not turn back into a forest. Bertoni asks if there is a new five-year management plan and Nitzsche states that he will ask Airport Engineer Craig Schuster of Airport Solutions Group. Charles: Motion to continue 0 LP Henderson Road, DEP File #5-569 to the February 21, 2024 meeting. Duffy seconds. Bertoni takes a roll call vote. Motion carries (6-0). d. New: 0 LP Henderson Road,DEP File #5-841 —extension of Runway 34 and taxiway realignment of Runway 27—Beverly Airport Commission Bertoni points out that without an as-built plan, there is no way to confirm the extension was built according to plan. Applicant agrees to try to find an as-built plan for the project for the next meeting. Spidaliere reads the perpetual conditions on the OOC: 43. There shall be no dumping of leaves,grass clippings, trash, or any kind of refuse in the resource area. 44. 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. Buchsbaum: Motion to continue 0 LP Henderson Road, DEP File 95-841 to the February 21, 2024 meeting. Duffy seconds. Bertoni takes a roll call vote. Motion carries (6-0). 7. Old/New/Other Business a. Minor Modifications to Orders of Condition,If Any i. New: 46 River Street,DEP File#5-1387 Mark Manganello of LEC Environmental is present on behalf of the applicant and states that it was determined that the initial location of the relief valve and associated prefabricated structure 8 City of Beverly Conservation Commission January 30,2024 Meeting Minutes Page 9 of 13 was situated within an engineered bio-retention feature. The applicant is proposing to relocate the proposed activities to a portion of the existing parking lot north of the original approved location. As a result, the project will now avoid permanent impacts to previously disturbed vegetated areas within the Riverfront Area. Manganello shares the aerial photo of the site outlining the previous and the revised enclosure. Duffy: Motion to approve the minor modification. Charles seconds. Bertoni takes a roll call vote. Motion carries (6-0). b. Extension to Orders of Condition,If Any i. New: 8 Whitaker Way,DEP File #5-1326 Property owner Steven Pagan is present and states that due to delays he is requesting a one-year extension. The original expiration is April 23, 2024. Duffy: Motion to issue a 1-year extension to the Order of Conditions for 8 Whitaker Way, DEP File 45-1326 to April 23, 2025. Charles seconds. Bertoni takes a roll call vote. Motion carries (6-0). c. Emergency Certifications,If Any i. New: 345 Hale Street Spidaliere states that there were issues with flooding at 2 Prince Street and the owner of 345 Hale Street was working to replace old clay pipe to alleviate the problem. Spidaliere issued an emergency certification to continue the work to replace the last 200 feet of the pipe and then re- assess the situation for potential enforcement due to the question of it being a wetland resource area. The emergency certification was issued on January 22, 2024 and is valid until February 21, 2024. Buchsbaum: Motion to ratify the emergency certification for 345 Hale Street. Duffy seconds. Berton takes a roll call vote. Motion carries (6-0). Spidaliere states that he plans to revisit the site later this week. Engineer George Zambouras states that the site has been dewatered and the erosion controls are in place. d. Enforcement Matters If Any i. Cont.: 531R Hale Street Spidaliere states that items were left out of the Enforcement Order due to being unknown at the time. A letter from Chris and Elizabeth Dick confirmed that a granite slab was installed on the perennial stream bank after the potential violation was issued. The Commission discusses that it is appropriate to schedule a site visit after receiving the restoration plan. 9 City of Beverly Conservation Commission January 30,2024 Meeting Minutes Page 10 of 13 Duffy: Motion to amend the Enforcement Order for 531R Hale Street to include the granite slab across the stream as a violation to be addressed in the restoration plan. Redmond seconds. Bertoni takes a roll call vote. Motion carries (6-0). ii. Cont.: 342 Old Essex Road Spidaliere states that the applicant is requesting a continuation to the February 21, 2024 meeting. Duffy: Motion to amend the Enforcement Order to extend the deadline for the submittal of the after-the-fact NOI by noon on February 7, 2024, to be addressed at the February 21, 2024 meeting. Redmond seconds. Bertoni takes a roll call vote. Motion carries (6-0). i. Cont.: 43 Wood Lane Property owner Suzanne Ewer is present and requests a continuation to the February 21, 2024 meeting. Redmond: Motion to amend the Enforcement Order to extend the deadline for the submittal of the after-the-fact NOI by noon on February 7, 2024, to be addressed at the February 21, 2024 meeting. Charles seconds. Bertoni takes a roll call vote. Motion carries (6-0). e. Potential Violations i. Cont.: 344 Old Essex Road Spidaliere states that he sent a follow-up letter on January 17, 2024, instructing the property owner to attend today's meeting. The Solicitor's Office stated that it found that the Beverly Health Department may have an address in Maine where the owner can be reached. Spidaliere agrees to send a certified letter and a duplicate letter via certified return receipt to the Maine address. f. 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 subcommittee consisting of Duffy and Cloutman presents the draft Hazard Tree Removal form, noting that there is now more writing space, among other revisions. The Commission reviews and offers edits to the form. Redmond: Motion to approve the revised Hazard Tree Removal application. Buchsbaum seconds. Bertoni takes a roll call vote. Motion carries (6-0). ii. OOC Extensions 10 City of Beverly Conservation Commission January 30,2024 Meeting Minutes Page 11 of 13 Berton expresses gratitude for Spidaliere's research into the matter of the 30-day notice for expiring OOCs. 8. Orders of Conditions a. 140 Livingstone Avenue,DEP File #5-1404—construct a pier and floating dock— 140 Livingstone LLC The Commission discusses the following conditions: l. A minimum of 2.5 feet between the bottom-most horizontal member of the float and the mud flat surface shall be maintained even with any float foot settling. 2. Should any part of the pier, gangway, or float be damaged, dislodged and/or washed away,the owner shall be responsible for recapturing and collecting said material for proper disposal. This condition shall survive in perpetuity beyond the issuance of a Certificate of Compliance. 3. 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. 4. Personal watercraft shall be stored on the float or pier. This condition shall survive in perpetuity beyond the issuance of a Certificate of Compliance. 5. 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. 6. 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. 7. Any demolished materials, excavated soils, or other related debris shall be immediately removed from the site for appropriate disposal. 8. 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. 9. 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. 10. An annual report shall be submitted to the Conservation Agent on the extent to which the pier structure serves as habitat for marine life. These annual reports must be filed in order for a Certificate of Compliance to be issued. Duffy: Motion to issue an Order of Conditions for 140 Livingstone Avenue, DEP File 95-1404 including general, special, and standard perpetual conditions under both the Wetlands Protection Act and the Local Wetlands Ordinance. Redmond seconds. Bertoni takes a roll call vote. Motion carries (6-0). 11 City of Beverly Conservation Commission January 30,2024 Meeting Minutes Page 12 of 13 b. 110-228 Common Lane, DEP File #5-1405 —natural gas line installation—Boston Gas Company The Commission discusses the following conditions: 1. Prior to construction, erosion controls shall be installed along the south and west portions of the proposed area of work. The Conservation Agent shall inspect the location of erosion controls. 2. All demolition materials, excavated soils, or other related debris that are not used for backfill shall be immediately removed from the site for appropriate disposal. No asphalt may be used as backfill. 3. Stockpiles of soils, aggregate, or any other unconsolidated construction materials permitted by this Order within the 200-foot Riverfront Area shall be covered with tarpaulins when not being worked with. Stockpiles in place for greater than twenty-four (24)hours shall be ringed with an erosion control barrier and covered by properly secured tarpaulins at the close of each workday. Erosion controls shall be inspected daily, and maintained or reinforced if necessary. After any storm event, any accumulated silt adjacent to the barriers shall be removed. 4. Vegetated areas temporarily disturbed by construction activities shall be re-seeded with an appropriate seed mix. 5. During the work, any storage of equipment shall be located on existing paved areas or as close to the street as possible. 6. 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. 7. Work shall not block passage between uplands and vernal pools between the dates of March 1 and May 1, nor between September 1 and October 15. If soils will not be stabilized during these periods, temporary stabilization measure shall be designed to provide a gradual slope or berm over which amphibians may pass. 8. Any trenches shall be closed at the end of each workday. 9. Roadway sweeping shall be conducted as proposed on the Notice of Intent application. 10. If the"Critter Crossing" and associated grates are disturbed during this project,they shall be replaced in-kind. Duffy: Motion to issue an Order of Conditions for 110-228 Common Lane, DEP File 95-1405 including general, special, and standard perpetual conditions under both the Wetlands Protection Act and the Local Wetlands Ordinance. Redmond seconds. Bertoni takes a roll call vote. Motion carries (6-0). 9. Approval of Minutes a. January 9,2024 The members review and offer edits to the January 9, 2024 draft meeting minutes. Buchsbaum: Motion to accept the January 9, 2024 meeting minutes as amended. Duffy seconds. Bertoni takes a roll call vote. Motion carries (6-0). 12 City of Beverly Conservation Commission January 30, 2024 Meeting Minutes Page 13 of 13 10. Adjournment Duffy: Motion to adjourn. Buchsbaum seconds. Bertoni takes a roll call vote. Motion carries (6-0). Meeting adjourns at 10:41 p.m. The next regular meeting of the Conservation Commission is scheduled for Wednesday, February 21, 2024, at 6:30 p.m. 13