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03_12_2024 Cons Com Minutes - final City of Beverly Conservation Commission March 12,2024 Meeting Minutes Page 1 of 9 CITY OF BEVERLY PUBLIC MEETING MINUTES BOARD OR COMMISSION: City of Beverly Conservation Commission DATE: March 12, 2024 LOCATION: Virtual via Google Meet MEMBERS PRESENT: Chair Christine Bertoni, Vice Chair Robert Buchsbaum, Grace Charles, Amber Redmond MEMBERS ABSENT: William Squibb, Tara Duffy 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. There is a quorum of seated members. Bertoni reads the public notice regarding holding meetings remotely due to COVID-19. Redmond: Motion to recess for public hearings. Charles 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. Cont.: Multiple Addresses,DEP File#5-1409—City-wide Beach Management Plan— City of Beverly Conservation Agent Spidaliere states that the Department of Engineering requested a continuation to the April 2, 2024 meeting. Redmond: Motion to continue the hearing to the April 2, 2024 meeting. Charles seconds. Bertoni takes a roll call vote. Motion carries (4-0). b. Cont.: 342 Old Essex Road,No DEP File #as of posting—After-the-fact filing for unpermitted retaining walls—Klaudio Boka David Bartsch of Bartsch Landscape Architecture is present and states that incorrect fees were sent to the State. Spidaliere states that for that reason, there is no DEP file number at this time and confirms that the local fees are settled. Bartsch and the Commissioners agree that it is appropriate to continue the hearing to the April 2, 2024 meeting since it cannot be closed without a DEP file number. Redmond: Motion to continue the hearing to the April 2, 2024 meeting. Charles seconds. Berton takes a roll call vote. Motion carries (4-0). c. Cont.: 43 Wood Lane,No DEP File # as of posting—After-the-fact filing for unpermitted fill — Suzanne & Eric Ewer 1 City of Beverly Conservation Commission March 12,2024 Meeting Minutes Page 2 of 9 Property owners Eric and Suzanne Ewer are present and state that the check for the State fee has not yet cleared, and thus there is no DEP File number at this time. The Ewers and the Commissioners agree it is appropriate to continue the hearing to the April 2, 2024 meeting since it cannot be closed without a DEP file number. Spidaliere agrees to send the Ewers the MassDEP phone number to follow up with the State. Redmond: Motion to continue the hearing to the April 2, 2024 meeting. Charles seconds. Bertoni takes a roll call vote. Motion carries (4-0). d. Cont.: 0 Trask Lane,DEP File #+1407—Abbreviated Notice of Resource Area Delineation— Corcoran Trask Lane LLC c/o Peter Mahoney Miranda Siemasko of Glovsky and Glovsky, Peter Mahoney of John M. Corcoran and Co., and Peter Ogren of Hayes Engineering are present. Ogren states that the applicant is requesting to set the delineation date as soon as possible. The Commission discusses that it is outside of the typical delineation time frame, which begins April 15 due to seasonal conditions and vegetation emerging. Mahoney states that a site visit on Saturday, April 20, 2024, at 8:00 a.m. is acceptable. The delineation review is set for Saturday,April 20, 2024 at 8:00 a.m. Siemasko states that members of the public are permitted to attend. Redmond: Motion to continue the hearing to the April 23, 2024 meeting. Charles seconds. Bertoni takes a roll call vote. Motion carries (4-0). e. New: 376 and 400 Hale Street,DEP File #5-1408— College Way Improvements — Endicott College c/o Rick Gagnon 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 site's topography slopes from the south to the north down to lower Endicott Pond. The project is designed to improve College Way by creating 34 additional parking spaces, improving the walking layout, and improving the landscaping. Broyles states the existing stormwater management is limited and disorganized; thus, a formal stormwater system with catch basins and plantings is being proposed to capture additional runoff from the parking lot. Berton asks if the increase in impervious area totals 11,624 square feet and Broyles states that is correct. Broyles points out the locations of the increase in impervious surface on the site map, such as along the stairs and along the side of Endicott Drive due to the addition of walkways and parking spaces coupled with the removal of some landscaping. Spidaliere states that the Department of Engineering has reviewed the Stormwater Report and that no issues came to light. Bertoni asks if the project meets all stormwater standards, and Broyles states yes, and that the details are included in the report. Broyles notes that the recharge stormwater requirement is somewhat different but meets the standard nonetheless. 2 City of Beverly Conservation Commission March 12,2024 Meeting Minutes Page 3 of 9 Bertoni asks if the entire pond is lined with concrete and Broyles states he does not know. Bertoni asks where the inlet to the pond is located, and Broyles points out a drainage area on the site map where water flows into the pond. Broyles states that there is a device the College utilizes to lower the level of the pond in big rain events. Vice Chair Buchsbaum asks what the main goals are of the project, and Broyles states that creating additional parking is the main objective, and creating additional stormwater control, improving landscaping, and improving circulation for pedestrians are the secondary goals. Buchsbaum asks if a new staircase will be built as part of the project, and Broyles states that the existing staircase will be widened. Bertoni asks if any tree removal is planned, and Broyles states that five trees will be removed: one in the 50-foot buffer zone, and four in the 100-foot buffer zone to accommodate the project and provide better vehicle turning movement. Broyles states that 5 additional trees will be planted outside the buffer zone, in addition to ground cover and shrubs. Redmond asks if the trees can be planted within the buffer zones, and Broyles states that he will check with the landscape designer. Bertoni asks where the snow storage will be located, and Broyles states that the College has existing snow storage sites throughout the campus. Broyles states that all the plantings are native and drought- and salt-tolerant. A site visit is scheduled for Saturday,March 16, 2024 at 8 a.m. Redmond: Motion to continue the hearing to the April 2, 2024 meeting. Buchsbaum seconds. Bertoni takes a roll call vote. Motion carries (4-0). Broyles states that the landscape architect clarified that the `BR" in the notes stands for"bioretention." L New: 4 Jacobs Avenue,No DEP File # as of posting—construct a two-story addition with two-car garage to an existing single-family house—Michael and Jillian Broderick Spidaliere reads the legal notice. Property owner Michael Broderick is present and shares the plot plan, stating that the proposed addition is within the 100-foot buffer zone to Coastal Bank and the 200-foot Riverfront Area. Broderick states that he plans to respond to the notes from Spidaliere regarding missing information on the application. Broderick states that the mitigation plan for the impervious surface is to increase the natural vegetation on the Coastal Bank side of the building and that he will provide details to the Commission on the species of the plantings. Broderick states that on site there are 54 linear feet of Coastal Bank and the total area of Riverfront is 8,276.4 square feet,which encompasses the entire plot. Bertoni asks how those numbers were calculated and Broderick states that the surveyor calculated it. Broderick states that the house is 15 feet above the high-water mark. Buchsbaum asks if this project falls within the definition of Riverfront Redevelopment and if so, what percentage of the square footage is permitted to be added to the existing dwelling per the Wetlands Protection Act. Broderick states that he does not know and the application will go before the ZBA next. Berton clarifies that Riverfront redevelopment is a Wetlands Protection Act matter and not the ZBA regulations. The Commission discusses that it is necessary to know the square footage of the existing and the proposed impervious surface. Broderick agrees to provide those figures for the April 2, 2024 meeting. Bertoni states that the Riverfront Area will have 3 City of Beverly Conservation Commission March 12,2024 Meeting Minutes Page 4 of 9 performance standards to be met, such as whether the project will improve the Riverfront area. Broderick states that he will provide a planting plan. Broderick states that he will provide an alternatives analysis for work in Riverfront Area as required. Buchsbaum observes that there appears to be no setback to Jacobs Avenue, and Broderick confirms that is true and adds that there are a lot of non-conforming lots built before 1996. Berton asks what is being done to keep additional stormwater runoff on-site, and Broderick states that he will continue to collect rainwater in the two existing 55-gallon rain barrels via downspouts, and any overflow will then infiltrate into the lawn. A site visit is scheduled for Saturday,March 16, 2024 at 9 a.m. Redmond: Motion to continue the hearing to the April 2, 2024 meeting. Buchsbaum seconds. Bertoni takes a roll call vote. Motion carries (4-0). Redmond: Motion to reconvene the regular meeting. Charles seconds. Bertoni takes a roll call vote. Motion carries (4-0). 4. Reconvene Regular Meeting 5. Requests for Determination of Applicability a. Cont.: 114 Livingstone Avenue— determination of jurisdiction —Brian Marks Spidaliere states that he researched consultants and selected one. Bertoni states that it may be appropriate to add more funds to the escrow account for unforeseen items. Spidaliere states that the applicant is aware that an outside consultant has been selected. Charles agrees that the proposal by the consultant looks good. Buchsbaum: Motion to contract with BSC Group to conduct the peer review on 114 Livingstone Avenue at the recommended costs per the proposal. Redmond seconds. Motion carries (4-0). Redmond: Motion to continue the hearing to the April 2, 2024 meeting. Charles seconds. Bertoni takes a roll call vote. Motion carries (4-0). Bertoni expresses gratitude for Spidaliere's tenacity in obtaining bids. b. Cont.: 9 Kennedy Drive—install an above-ground pool and patio—Michael Sabella Spidaliere states that he requested an update on the matter for today's meeting, and it will need to be continued because he did not receive the additional information for this meeting. Charles: Motion to continue the item to the April 2, 2024 meeting. Buchsbaum seconds. Bertoni takes a roll call vote. Motion carries (4-0). 6. Old/New/Other Business 4 City of Beverly Conservation Commission March 12,2024 Meeting Minutes Page 5 of 9 a. Conservation Restrictions i. Cont.: Moraine Farm Director of Planning and Development Darlene Wynne and Jeremy Dick of the Trustees of Reservations are present. Wynne states that her office has finalized a draft letter for the Conservation Commission to sign off on, which states 1)that the Community Garden is a permitted use, and 2)the construction of a parking lot and maintenance of a parking lot and roadways is a permitted use,with the approval of the Commission. Wynne states the City is ready to submit the CR to the State and would like it to be accompanied by 1) a letter of approval from the Commission, and 2)the Commission's sign-off on the CR. Wynne states that there will be 31 parking spaces. Buchsbaum asks if windmills or solar panels would be permitted on the site. Wynne states the language states that Green Energy is required to have the written permission of the Commission for wind turbines, solar panels, etc. Dick states that the structures are prohibited per the language of the CR. Buchsbaum asks how, operationally,the entity that holds the CR will monitor and be responsible for the site. Wynne states that the City is in the process of preparing the baseline report of the site's conditions and it may be worthwhile to research how the Commission has handled other CRs. Wynne agrees that she will look into whether the City staff will conduct the annual monitoring. Redmond asks if there will be an admission's fee for access to the premises as that might prohibit or discourage access. Buchsbaum asks whether the community garden is within wetland buffer zones, and Dick states that it is not. Bertoni comments that it may be helpful for the CR language to clarify that the Commission is the grantee. Bertoni asks whether the Community Garden is slated to be 1.75 acres, and Wynne states that it was decided to limit the specificity of that number in the CR's language. Dick states that the new parcel is now 2.25 acres. Wynne states that it is challenging to be limited to a specific size area, as it is still being negotiated. Wynne shares the site plan showing the property lines, footprint, and garden plots. Dick states that there is potential for up to 90 community garden plots and that the entire entrance to the new reservation will be the community garden, apart from the parking lot. Buchsbaum asks if it is already agricultural land and Dick states that it is field-condition land. The Commission discusses that it is appropriate to read the baseline report before signing off on the CR. Berton clarifies with Wynne that within the "Permitting for Wetland" section, paragraphs D and E cover things that may happen in the CR that need permitting under the Wetlands Protection Act. Wynne agrees to provide the baseline report to the Commission as well as the final version of the CR with the changes discussed for the April 2, 2024 meeting. The Commission reviews and offers edits to the draft letter between the Grantor and the Grantee to be submitted concurrently with the final CR. Buchsbaum: Motion to approve the letter as amended. Charles seconds. Bertoni takes a roll call vote. Motion carries (4-0). Buchsbaum: Motion to continue the item to the April 2, 2024 meeting. Redmond seconds. Bertoni takes a roll call vote. Motion carries (4-0). 5 City of Beverly Conservation Commission March 12,2024 Meeting Minutes Page 6 of 9 b. Enforcement Matters i. Cont.: 531R Hale Street Devon Morse of Hancock Associates is present on behalf of property trustee Caleb Loring and states that a restoration plan for the unpermitted activity was submitted. Morse shares the restoration plan and states that"Wetland Enhancement" areas on the plan are all within wetlands and that"Buffer Restoration Zone" areas are all within buffer zones to wetlands. Stumps were noted in the area and there is a historic three-foot wide footpath that runs through the property that the applicant would like to maintain since it provides access to the beach area. Buchsbaum states that the plant list looks reasonable. Bertoni asks how the plantings will be established, and Morse states that the applicant will rely on natural watering and salt marsh hay to support the moisture. Bertoni observes that removing the unpermitted granite slab would likely cause more disturbance than leaving it in place. A site visit is scheduled for Saturday,March 23 at 8 a.m. Bertoni notes that the 531R, 573, and 579 Hale Street restoration plans have been submitted and the site visit will encompass these sites. ii. Cont.: 569, 573, & 579 Hale Street Property owners Babette and Peter Loring are present. Morse states there was no unpermitted work at 569 Hale Street and thus requests that it be removed from the Enforcement Order. Morse states that 573 Hale Street recently underwent a transfer of ownership. Babette Loring states that the house was sold on Friday, March 8, 2024, and the owner is withholding funds until the City deems the restoration to be satisfactory. Babette Loring states that 579 Hale Street was known as a wood lot over generations and was not being actively used. Babette Loring asks if it is permissible to start the restoration yet, and Bertoni answers not until after the site visit. Buchsbaum: Motion to remove 569 Hale Street from the 569, 573, & 579 Hale Street Enforcement Order. Redmond seconds. Bertoni takes a roll call vote. Motion carries (4-0). Buchsbaum: Motion to continue 531R, 573, and 579 Hale Street to the April 2, 2024 meeting. Redmond seconds. Bertoni takes a roll call vote. Motion carries (4- 0). iii. Cont.: 342 Old Essex Road There is no vote necessary to continue this matter. iv. Cont.: 43 Wood Lane There is no vote necessary to continue this matter. V. New: 345 Hale Street 6 City of Beverly Conservation Commission March 12,2024 Meeting Minutes Page 7 of 9 Spidaliere summarizes that an Enforcement Order was issued on February 23, 2024, for vegetation clearing, dewatering, excavation, grading, and storage of a spoils pile within the buffer zone to the freshwater pond. This work was for the replacement of a broken drainpipe at 345 Hale Street that was causing significant flooding issues at 2 Prince Street. At the January 9, 2024 meeting, the Commission recommended issuing an Emergency Certification to finish the final 200 feet of pipe replacement, and that once the emergency work was completed, an Enforcement Order for the violations would be issued. Engineer George Zambouras is present on behalf of the applicant and confirms that while DeRosa Engineering has been hired to delineate the wetlands and create a restoration plan, there is nothing to present to the Commission yet. Bertoni asks if the restoration plan can be ready for the April 2, 2024 meeting, and Zambouras states that the applicant will work as quickly as possible, and the April 23, 2024 meeting is realistic. Zambouras agrees to submit the restoration plan to Spidaliere by April 16, 2024 to be reviewed at the April 23, 2024 meeting. Redmond: Motion to amend the Enforcement Order for 345 Hale Street to submit the restoration plan by April 16, 2024, to be reviewed at the April 23, 2024 meeting. Buchsbaum seconds. Bertoni takes a roll call vote. Motion carries (4-0). vi. New: 11 & 13 Bayview Avenue The Commission notes that Bob Griffin of Griffin Engineering has technical difficulties making him unable to join today's meeting, and property owner Kenyon Kellogg is also unable to attend the meeting as he is on a flight. Spidaliere states that the property owner informed him that the boulders were removed over the period from March 6 through March 11, 2024. Conservation Field Inspector White visited the site on March 11, 2024, around 3 p.m. to confirm that the boulders were removed and while unable to observe the entire area, he observed the boulders appeared to be covered with sand and there appeared to be sand excavated on a nearby portion of beach. Spidaliere reports that an abutting neighbor provided photos of the site and informed him that the boulders were not removed but rather were covered with sand. Redmond states when visiting Rice's Beach on March 11, 2024, she observed the rocks were not removed and when visiting again the morning of March 12, 2024, she observed that the boulders were covered with sand. The Commission discusses that a site visit is appropriate to confirm that the boulders were removed. A site visit is scheduled for Saturday, March 16, 2024, at 9:30 a.m. and the property owner's permission will be requested. The Commission discusses that activities or bills from the landscaping company that did the work initially are acceptable proof that the stones have been removed. Buchsbaum: Motion to amend the Enforcement Order to reflect that the restoration plan is still due by April 9, 2024 and noting that the applicant was unable to appear at today's meeting and the consultant experienced technical difficulties. Redmond seconds. Bertoni takes a roll call vote. Motion carries (4-0). 7 City of Beverly Conservation Commission March 12,2024 Meeting Minutes Page 8 of 9 c. Other: Discussion or Action Items Related to Commission Business, Correspondence, etc. Received/Issued After Publication of Agenda,If Any i. Hazard tree removal form The members review and offer edits to the hazard tree removal form. The Commission discusses whether it is appropriate to include the requirement for a certified arborist on the form. Spidaliere states that he will take a pass at amending the form for the Commission to review at the April 2, 2024 meeting. d. Expenditure Approvals,If Any i. Conservation Agent February 2024 mileage Buchsbaum: Motion to approve the Conservation Agent February 2024 mileage reimbursement totaling $9.42. Redmond seconds. Bertoni takes a roll call vote. Motion carries (4-0). ii. Conservation Field Inspector February 2024 mileage Redmond: Motion to approve the Conservation Field Inspector February 2024 mileage reimbursement totaling $16.34. Buchsbaum seconds. Bertoni takes a roll call vote. Motion carries (4-0). iii. Greenbelt membership Redmond: Motion to pay the $100 fee for the 2024 Greenbelt membership. Charles seconds. Bertoni takes a roll call vote. Motion carries (3-1). Buchsbaum votes against. Spidaliere agrees to consult with the City Solicitor about whether it is appropriate for the Commission to donate funds to a nonprofit. 7. Approval of Minutes a. February 21,2024 The members review and offer edits to the February 21, 2024 draft meeting minutes. Buchsbaum: Motion to accept the February 21, 2024 meeting minutes as amended. Charles seconds. Bertoni takes a roll call vote. Motion carries (4-0). Buchsbaum states that he cannot attend the April 20, 2024 site visit to 0 Trask Lane. The Commission discusses that he may visit the site independently. 8. Adjournment Buchsbaum: Motion to adjourn. Redmond seconds. Bertoni takes a roll call vote. Motion carries (4-0). Meeting adjourns at 9:54 p.m. 8 City of Beverly Conservation Commission March 12, 2024 Meeting Minutes Page 9 of 9 The next regular meeting of the Conservation Commission is scheduled for Tuesday,April 2, 2024, at 6:30 p.m. 9