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02_21_2024 Cons Com Minutes - final City of Beverly Conservation Commission February 21,2024 Meeting Minutes Page 1 of 10 CITY OF BEVERLY PUBLIC MEETING MINUTES BOARD OR COMMISSION: City of Beverly Conservation Commission DATE: February 21, 2024 LOCATION: Virtual via Google Meet MEMBERS PRESENT: Chair Christine Bertoni, Vice Chair Robert Buchsbaum, Tara Duffy, Grace Charles, Amber Redmond(late) MEMBERS ABSENT: Chris Cloutman, 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. Bertoni states that the Commission has a quorum of seated members. Duffy: Motion to recess for public hearings. Buchsbaum seconds. Bertoni takes a roll call vote. Motion carries (4-0). 2. Recess for Public Hearings 3. Notices of Intent/Abbreviated Notices of Intent/Requests for Amended Orders of Conditions a. New: 9 Ober Street,DEP File #5-1406—construction of building addition, carriage house, and cabana— Ocean View Realty Trust c/o Charles Harris Bob Griffin of Griffin Engineering is present on behalf of the applicant and states that there are no changes to the plan. Griffin presents the site plan. Buchsbaum asks what the extent of the fence replacement will be, and Griffin states that the existing fence will be replaced in the vicinity of the carriage fence. Griffin states that the applicant intends to close out the old Orders of Conditions (OOC). Buchsbaum: Motion to close the hearing. Charles seconds. Bertoni takes a roll call vote. Motion carries (4-0). Bertoni states that the matter of 0 Trask Lane was previously continued to the March 12, 2024 meeting. b. Cont.: Multiple Addresses,No DEP File # as of posting—City-wide Beach Management Plan— City of Beverly Spidaliere states that Assistant Commissioner of Public Services Eric Barber requested a continuation to the March 12, 2024 meeting. Duffy: Motion to continue the hearing to the March 12, 2024 meeting. Buchsbaum seconds. Bertoni takes a roll call vote. Motion carries (4-0). 1 City of Beverly Conservation Commission February 21,2024 Meeting Minutes Page 2 of 10 c. New: 342 Old Essex Road,No DEP File # as of posting—After-the-fact filing for unpermitted retaining walls—Klaudio Boka Spidaliere reads the legal notice. Property owner Klaudio Boka is present. David Bartsch of Bartsch Landscape Architecture is present and presents the wall design. Bartsch states that Boka consulted with a mason who assisted Boka in building the wall using piers that extend into the ground with a grade beam stacked with segmental concrete retaining wall pieces. Bertoni asks if the stream bed was dredged and Bartsch states it was not dredged. Bartsch clarifies that there was digging adjacent to the stream walls as part of the construction, but no scraping of the stream bed or changing of the grade. It did not change the course of the stream as it already existed. Buchsbaum asks if the wall was built to be durable, and Bartsch states that the mason who oversaw the work provided specific measurements and design plans and he is satisfied with them. Buchsbaum asks if the stream could be walled along only one side with the other side left to naturalize, and Bartsch states that it could be, but he is not aware of how the decision was made to construct two walls instead of one. Berton states that it may be beneficial to have a signed document on file with the specifics of the construction by the licensed professional who designed it, specifically noting whether the project is a retaining wall or a revetment for the stream bank. Buchsbaum asks what was used for fill along the bank, such as construction debris. Boka states that there was no fill brought in on either side of the wall, but fill may need to be used to finish the project. Bertoni asks what the mitigation plan is for the impact of the project and Bartsch states that no mitigation is proposed. Bartsch states there are no phragmites on the site, and Buchsbaum states that knotweed was observed at the site visit. Bartsch and Boka agree to remove invasive species as a mitigation measure. Buchsbaum asks whether the project has caused an increase in flooding or impact on neighbors' properties, and Boka states that the properties are no more prone to flooding than they were prior to the construction. Bertoni asks Boka if he considered any other alternative to the walls, and Boka states that the wall was the best approach. Bertoni asks what path rainwater takes to the stream, and Boka states that there are weep holes interspersed throughout the wall to direct runoff and Bartsch confirms this. Bartsch agrees to provide a complete diagram with the weep holes added. Spidaliere states that DPS has not reviewed the final plan and he agrees to send it to DPS. Charles: Motion to continue the hearing to the March 12, 2024 meeting. Duffy seconds. Bertoni takes a roll call vote. Motion carries (4-0). d. New: 43 Wood Lane,No DEP File# as of posting—After-the-fact filing for unpermitted fill — Suzanne& Eric Ewer 7:15 p.m.: Redmond arrives. Spidaliere reads the legal notice. Property owners Suzanne & Eric Ewer are present. Ewer states that fill was placed over riprap that was dredged from the pond and placed on the property in the 1950s or 2 City of Beverly Conservation Commission February 21,2024 Meeting Minutes Page 3 of 10 1960s. Ewer states that Red Maple and Oak are recommended species to be planted in the area. The Commission requests that Ewer amend the plan to include the removal of the children's boat storage and launch. Ewer states that the riprap adjacent to the driveway is functioning as intended to minimize erosion. The Commission discusses that Ewer will provide additional mitigation information and a revised 25- foot, 50-foot and 100-foot no-disturb zone waiver request to the Commission. The Commission discusses that the trees may benefit from the fill around the trunks being cleared away. Buchsbaum: Motion to continue the hearing to the March 12, 2024 meeting. Redmond seconds. Bertoni takes a roll call vote. Motion carries (5-0). Redmond: Motion to reconvene the regular meeting. Charles seconds. Bertoni takes a roll call vote. Motion carries (5-0). 4. Reconvene Regular Meeting 5. Requests for Determination of Applicability a. Cont.: 114 Livingstone Avenue—determination of jurisdiction—Brian Marks Spidaliere states that he reached out to 18 different consultants requesting a quote and has received no responses thus far. Property owner Brian Marks provided a letter dated February 21, 2024, so the Commission has not yet been able to review it. Charles: Motion to continue to the March 12, 2024 meeting. Buchsbaum seconds. Motion carries (5-0). b. Cont.: 9 Kennedy Drive —install an above-ground pool and patio—Michael Sabella Spidaliere states that the applicant requested to continue to the March 12, 2024 meeting. Redmond: Motion to continue the item to the March 12, 2024 meeting. Charles seconds. Bertoni takes a roll call vote. Motion carries (5-0). c. New: 22 Leather Lane —install sanitary sewer force main connection — Sean & Erin Sweeney Spidaliere reads the legal notice. Chris Broyles of Meridian Associates is present on behalf of the applicant and shares the site plan. Broyles states that the property is located at the end of Leather Lane, which is a private way, and states that the project qualifies as a minor activity and therefore does not require a Notice of Intent application. The forced main will be passing through an intermittent stream that crosses under the road via a culvert. 3 City of Beverly Conservation Commission February 21,2024 Meeting Minutes Page 4 of 10 Broyles states that the trench will be backfilled and then paving will occur once construction is complete,thus erosion controls will be in place for the duration of construction. The Commission discusses the following conditions: 1. Prior to construction, erosion controls shall be installed along either side of the road as depicted on the approved plan. 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. 3. Vegetated areas disturbed by construction activities shall be re-seeded with an appropriate seed mix. 4. During the work, any storage of equipment shall be located on existing paved areas or as close to the street or driveway as possible. 5. 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. 6. Trenches shall be backfilled at the end of each work day. Broyles agrees that the conditions are acceptable. Buchsbaum: Motion to issue a negative 3 determination with the conditions as discussed. Redmond seconds. Berton takes a roll call vote. Motion carries (5-0). d. New: 14 Cliff Street— construct a 2nd floor addition and porch—Judith & Gregory Gnoza Spidaliere reads the legal notice. Property owners Judith and Gregory Gnoza and architect Adam Schoenhardt are present. Schoenhardt shares the overview of the project, which includes the addition of a second floor above the existing footprint of the house. There will also be two small bay windows added to either side of the house; one will be cantilevered, and one will have two hand-dug Sonotube footings. There is a small front porch addition on the street side of the house that will not have a foundation but will rather have two hand-dug Sonotube footings. Schoenhardt shares photos of the structure, the site plan, and architectural renderings. Schoenhardt states that the terrace will effectively be part of the driveway level. Bertoni asks what direction the runoff flows and Schoenhardt states that the downspouts direct runoff into dry wells in the front yard, and the remaining runoff drains toward the back of the property. Schoenhardt proposes moderate regrading to direct all drainage toward the street. No impervious surface will be added with the project. Schoenhardt agrees to add the wetland and buffer delineations to the plan for the file. Buchsbaum notes that the entire property is within the 200-foot Riverfront Area. The Commission discusses the following conditions: 1. Prior to construction, erosion controls shall be installed along the retaining wall at the top of Coastal Bank. The Conservation Agent shall inspect the location of erosion controls. 2. All construction materials, excavated soils, or other related debris shall be immediately removed from the site for appropriate disposal. 4 City of Beverly Conservation Commission February 21,2024 Meeting Minutes Page 5 of 10 3. Vegetated areas disturbed by construction activities shall be re-seeded with an appropriate seed mix. 4. During the work, any storage of equipment shall be located on existing paved areas or as close to the street or driveway as possible. Buchsbaum: Motion to issue a negative 2 and negative 3 determination under the Wetlands Protection Act and under the local ordinance with the conditions as discussed. Redmond seconds. Bertoni takes a roll call vote. Motion carries (5-0). 6. Requests for Certificates of Compliance a. Cont.: 0 LP Henderson Road,DEP File #5-569—vegetation management plan (VMP)— Beverly Airport Commission Wetlands Scientist Susanna Souza of GZA GeoEnvironmental, David Nitzsche of the Airport Commission, Airport Engineer Craig Schuster, and Airport Manager Gabriel Hanafin are present. Schuster states that he provided the 2015 Yearly Operating Plan (YOP)to Spidaliere. Nitzsche cites the document issued by MassDOT Aeronautics with guidance on VMPs and states that the YOP should be provided annually to the Commission as a perpetual condition, as long as all work stays within the footprint of the vegetation management areas. This method avoids the need to submit VMPs repeatedly. Nitzsche states that generally speaking, vegetation management at the Airport consists mostly of mowing grasses on airport surfaces. Bertoni asks Hanafin how the height of the shrubbery is determined in jurisdictional areas and Hanafin states that his crew refers to the VMP. Hanafin states that most of the vegetation management is mowing grasses.Nitzsche states that shrubbery is only cut if it is at risk of penetrating safe airspace, which is unlikely. Schuster states that the five-year cutting plan is in the YOP, which includes georeferenced markers for the protected areas. Bertoni asks where the matter stands with Wenham and Danvers, and Schuster states that Wenham issued a three-year extension and Danvers issued a two-year extension of their OOCs. Spidaliere states that DEP File #5-569 was issued in 1997 with three perpetual conditions. The Commission discusses the following perpetual conditions: H3.No salt of 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. 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. Buchsbaum: Motion to issue a complete Certificate of Compliance for 0 LP Henderson Road, DEP File 95-569 with the three perpetual conditions as discussed. Redmond seconds. Bertoni takes a roll call vote. Motion carries (5-0). 5 City of Beverly Conservation Commission February 21,2024 Meeting Minutes Page 6 of 10 Buchsbaum asks whether railroad maintenance is treated with similar protocols, and Nitzsche states he believes it is. b. Cont.: 0 LP Henderson Road,DEP File#5-841 — extension of—Beverly Airport Commission Schuster states that he designed the project and thus he can confirm the extension of Runway 34 and taxiway realignment of Runway 27 were built as approved. Nitzsche states that the restoration on the record plan is accurate, and that clean fill was used. The Commission discusses the following perpetual conditions: 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 issue complete Certificate of Compliance for 0 LP Henderson Road, DEP File 95-841 under the Wetlands Protection Act and under the local ordinance with the two perpetual conditions as discussed. Redmond seconds. Bertoni takes a roll call vote. Motion carries (5-0). 7. Old/New/Other Business a. Emergency Certifications,If Any i. New: 5 Curtis Point Road Property Manager Chris Halle of Scout&Associates is present on behalf of his client, the property owner. Halle states that Conservation Field Inspector White conducted a site visit to observe the damage to the property,which includes collapsed Coastal Bank, resulting in damage to three trees. The property shares access to the beach with three other properties, so there is concern about liability if the trees should fall. Halle states that three Norway Maple trees are damaged and removal is recommended. Bertoni states the trees are on Coastal Bank, which is a resource area, and asks whether the owners plan to remediate the bank erosion. Halle states that there is a plan to further restore the Coastal Bank, but the immediate concern is the trees' potentially falling. White agrees that he observed the trees appear to be at risk of falling at any time. Halle states that the owner is working with Atlantic Coast Engineers to design a plan to repair the Coastal Bank. The trees will be cut so that the root ball remains intact, as it is helpful to stabilize the Coastal Bank. The residents in the neighborhood have deeded right of way through the property to access the stairs to the beach. The Commission discusses that an Emergency Certification is appropriate in this instance and Halle states that his company is prepared to act quickly and already has a tree company retained. The Commission discusses that further Coastal Bank restoration work will ultimately require a Notice of Intent and Halle states that he is aware of that fact. 6 City of Beverly Conservation Commission February 21,2024 Meeting Minutes Page 7 of 10 Buchsbaum: Motion to issue an Emergency Certification under the Wetlands Protection and the local ordinance for the removal of the three Norway Maple trees as described, no lower than three to four feet from the ground. Redmond seconds. Berton takes a roll call vote. Motion carries (5-0). c. Enforcement Matters If Any i. Cont.: 342 Old Essex Road There is no vote necessary. ii. Cont.: 43 Wood Lane There is no vote necessary. d. Potential Violations i. Cont.: 344 Old Essex Road Spidaliere states that the address for the property owner in Sandford, Maine was found. Spidaliere summarized the situation with the owner by phone. Spidaliere conducted a site visit and observed that the debris and trash of concern were removed and the property is back in compliance with the Wetlands Protection Act. The Commission discusses that the outcome is satisfactory. There is no vote necessary. ii. New: 11 & 13 Bayview Avenue Bob Griffin of Griffin Engineering and property owner Kenyon Kellogg are present and Griffin states that on January 10, 2024, a storm damaged the property. In the course of making repairs, Kellogg was made aware of the potential violation and ceased the work. Griffin states that there is a history of members of the public trespassing and vandalizing the property, so the owner wishes to deter this activity as well as restore the area. Large stones were placed by a landscaper to stabilize the area and thus altered the resource area. Griffin and the Commission discuss whether an Enforcement Order or an NOI is appropriate, and Bertoni emphasizes that it is appropriate for the stones to be removed. Buchsbaum comments that there is no situation where the stones would be permitted, and Griffin states that it is preferable to accomplish the repairs and comply with the Wetlands Protection Act via a single project. Griffin agrees to have the stones removed prior to the March 12, 2024 meeting, and states he will design a restoration plan. Duffy expresses concern about the disturbance of soil and sediment with the large equipment used to install the stones and that stabilization in the interim may be beneficial. The Commission discusses that a site visit is appropriate and an Enforcement Order to address the stones is also appropriate. The Commission discusses that the optimal sequence of steps is to conduct a site visit,remove the unpermitted boulders, stabilize the area, and then file a restoration plan. A site visit is scheduled for Saturday, February 24, 2024 at 7:30 a.m. Redmond: Motion to issue an Enforcement Order for 11 & 13 Bayview Avenue to stabilize the site, remove all unpermitted boulders by March 12, 2024, and submit a restoration plan by April 23, 2024. Duffy seconds. Bertoni takes a roll call vote. Motion carries (5-0). 7 City of Beverly Conservation Commission February 21,2024 Meeting Minutes Page 8 of 10 Kellogg states that he plans to attend the site visit and that he shared photos and videos of the site pre- and post-storm with Spidaliere. e. Other: Discussion or Action Items Related to Commission Business, Correspondence, etc. Received/Issued After Publication of Agenda,If Any i. Moraine Farm Conservation Restriction (CR) Director of Planning and Development Darlene Wynne is present and states that the draft CR for Moraine Farm last came before the Commission in August 2022. It has since been finalized and will be sent to the State imminently. The Trustees and Wynne are requesting that the Commission review the document before they send it to the State. Wynne summarizes the history of the matter: the Community Preservation Committee (CPC) and the City voted to fund a $1.1 million purchase of development rights to hold a CR over a 14-acre developable parcel of the Moraine Farm property, which then helped the Trustees purchase 70 acres to complete the reservation. The Commission will hold the CR on behalf of the City. After two years of negotiations between the City, The Trustees and New Entry Community Farms, an agreement has been reached on the location of a community garden. Wynne states that under the permitted uses, the holder of the CR has approved the future parking area. Ground will be breaking soon since they plan to open the community garden in Spring 2024 and the lottery for garden plots will occur in March 2024. The City is requesting the Commission provide a letter approving the location of the parking area to include with the CR. The public benefits that allow the project to qualify for Community Preservation Act(CPA) funding are the transfer of community gardens to Moraine Farm and public parking. Of the approximately 25 spaces that will serve the community garden, 10 parking spaces will be available to the public. Bertoni asks if the site is within any resource areas, and Wynne shares the map of the site and states that it is not located in any resource areas. Spidaliere confirms that the parking and the gardens are both outside of any jurisdictional areas. Redmond asks what the public access benefit includes, such as free admission to the property, and Wynne states that it is currently not a fee-based property but that that could change in the future. Wynne shares some of the 10 public benefits that the Trustees agreed to, such as two public events per year and some maintenance of the JP Phillips trails. Wynne states that the parking lot will be a pervious surface. Bertoni asks what party is responsible for the maintenance of the site and Wynne states that The Trustees will manage and maintain the parking lot and community garden and expresses confidence in The Trustees' standards. Wynne states that the City plans to submit the CR as soon as it is ready, and the Commission agrees to draft a letter for the March 12, 2024 meeting. Redmond states that it may be beneficial to include language in future CRs to ensure that there is long-term free access to Trustees' properties for Beverly residents. Buchsbaum observes that it is possible to walk onto Moraine Farm from the JC Phillips property. The Commission discusses that the City contributed a generous sum that comes from taxpayers, thus it is fair and beneficial for Beverly residents to have access to Trustees'properties without requiring a Trustees membership. 8 City of Beverly Conservation Commission February 21,2024 Meeting Minutes Page 9 of 10 Buchsbaum: Motion to verbally approve the concept of having the parking lot and community gardens held in the CR by the Commission. Duffy seconds. Berton takes a roll call vote. Motion carries (5-0). Wynne agrees to pass along the comments to the Trustees and to draft a letter for the March 12, 2024 meeting. f. Expenditure Approvals,If Any i. Conservation Agent January 2024 mileage Charles: Motion to approve the Conservation Agent January 2024 mileage reimbursement totaling $16.80. Redmond seconds. Berton takes a roll call vote. Motion carries (5-0). ii. Conservation Field Inspector January 2024 mileage Duffy: Motion to approve the Conservation Field Inspector January 2024 mileage reimbursement totaling $15.50. Redmond seconds. Berton takes a roll call vote. Motion carries (5-0). 8. Orders of Conditions a. New: 9 Ober Street,DEP File #5-1406—construction of building addition, carriage house, and cabana— Ocean View Realty Trust c/o Charles Harris The Commission discusses the following conditions: 1. The mitigation plantings shall exhibit 75% survivorship after two growing seasons post- installation and shall be verified by the Conservation Agent. 2. The Operation& Maintenance of all stormwater BMP's shall be adhered to per the manufacturer's specifications. This condition shall survive in perpetuity. 3. Yard waste debris shall be removed from the coastal bank and none shall be deposited in this area. 4. The applicant shall submit a request for Certificate of Compliance for the expired OOCs under DEP File 95-1145 and#5-1309, whether any of the work was completed or not. 5. Erosion controls shall be installed between the work and the resource area prior to construction. 6. A pre-construction site inspection shall be conducted with the Conservation Agent to review the installation of erosion control measures consistent to what is shown on the approved site plan. 7. Areas of soil disturbance shall be restored, reseeded with suitable seed mixture, and protected from washout. 8. Any excavated materials/debris shall be removed and properly disposed of offsite. 9. No heavy equipment shall be stored or refueled within jurisdictional buffers or resource areas. 10. Photographic proof shall be provided to the Conservation Agent showing that the drains were connected to the drywell. 11. When mechanical equipment is being used, contractors shall keep hazardous material spill containment kits on-site in case of a release of oil, gasoline, or other toxic substances. 9 City of Beverly Conservation Commission February 21,2024 Meeting Minutes Page 10 of 10 The Commission discusses adding Condition 411 to the General Conditions. Buchsbaum: Motion to issue an Order of Conditions for 9 Ober Street, DEP File #5-1406 including general, special, and standard perpetual conditions under both the Wetlands Protection Act and the Local Wetlands Ordinance as discussed. Duffy seconds. Bertoni takes a roll call vote. Motion carries (5-0). 9. Approval of minutes a. January 30, 2024 The members review and offer edits to the January 30, 2024 draft meeting minutes. Redmond: Motion to accept the January 30, 2024 meeting minutes as amended. Duffy seconds. Bertoni takes a roll call vote. Motion carries (5-0). 10. Other Business The Commission discusses that Cloutman has resigned due to a potential conflict of interest. 11. Adjournment Duffy: Motion to adjourn. Buchsbaum seconds. Bertoni takes a roll call vote. Motion carries (5-0). Meeting adjourns at 10:30 p.m. The next regular meeting of the Conservation Commission is scheduled for Tuesday, March 12, 2024, at 6:30 p.m. 10