8-19-20 Con Com Minutes - FINALConservation Commission
August 19, 2020 Meeting Minutes
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CITY OF BEVERLY
PUBLIC MEETING MINUTES
BOARD OR COMMISSION: Conservation Commission
SUBCOMMITTEE: None
DATE: August 19, 2020
LOCATION: Remotely held meeting through Google Hangouts Meet
MEMBERS PRESENT: Vice Chair Robert Buchsbaum, David Dines, Stephanie Herbster,
William Squibb,
MEMBERS ABSENT: Chair Christine Bertoni, Richard Grandoni
STAFF PRESENT: Jenna Pirrotta, Environmental Planner
OTHERS PRESENT:
RECORDER: Sharlyne Woodbury
Vice Chair Buchsbaum calls the meeting to order at 7:00 p.m. Buchsbaum reads the virtual meeting
guidelines and notice that the meeting is held in accordance with temporary Open Meeting Law adjustments
due to the State of Emergency associated with the COVID-19 outbreak.
APPROVAL OF MINUTES
There are no minutes to approve.
RECESS FOR PUBLIC HEARINGS
Herbster moves to recess for public hearings. Dines seconds. The motion carries 4-0.
NOTICES OF INTENT/ABBREVIATED NOTICES OF INTENT/REQUESTS FOR AMENDED
ORDERS OF CONDITIONS
Cont: 50 Dunham Road, DEP #5-1303 construction of a new commercial building and parking area
Dunham Ridge, LLC
Mike Aveni of Cummings Properties represents the applicant and describes the updates to the plan since the
previous meeting. Aveni notes that due to previous comments from the Commission and that public
comments were not in favor of a commercial building on the site, the plan has changed to instead create a
materials storage area. There would be no new commercial building and the area would be graded and
millings would be added. The millings would create an impervious surface and a stormwater management
system would be required.
Per Squibb, the area of paving on the new plan does not appear different than the original submission. The
delineation of the berms is not clear and Squibb requests the berm be highlighted or a note be added to the
plan. For a materials storage area, Squibb believes a stormwater management system should not be required
and suggests that the work should be removed from the 100-Foot No Disturbance Zone. Squibb notes that the
proposed paving or millings is different than what was discussed during the site walk on July 11, 2020. Dines
s comments. Herbster inquires if the work will be near the 50-Foot No Build Zone.
Aveni confirms the work will be outside the No Build Zone.
Maureen Herald of Norse Environmental addresses the Wildlife Habitat Evaluation question posed by
Buchsbaum. Herald notes that the existing earthen berms would remain, which will minimize adverse effects
for the indigenous wildlife near the vernal pools.
to enhance the natural habitats of the area. Buchsbaum would like to see a planting plan that includes plants
the benefit pollinators and not only vertebrate wildlife creaturess comment
regarding the berm notation and details on the drainage system.
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Pirrotta inquires to the future purpose of site, as the proposal notes storage of construction materials. Aveni
confirms this site is evolving and could possibly be used as a future parking lot pending the future needs at
the site once construction is complete. Squibb reiterates the need for removing the Cultec system, the
millings and stormwater management system.
Buchsbaum opens the floor to the public.
Diane Whitmarsh, of 251 Dodge Street, inquires to the purpose of the storage facility and future potential use
of the site, noting neighborhood traffic concerns for Brimbal Avenue and Dunham Road. Aveni explains
these are un-related projects.
Kathy Burack, of 6 Brimbal Hill Drive, recalls the site visit where Aveni said he could develop a building
outside the 100-Foot No Disturbance Zone. Burack is confused why this meeting they are encroaching upon
the No Disturbance Zone. Aveni explains that the building has been removed from the plan. Ms. Burac
second comments echoes the sentiments of Squibb and notes that the plan feels disingenuous. Aveni
reiterates they would like to use the site for additional storage, and that he is not able to definitively commit
to future site use.
Per Squibb, more information is needed for the plan to note the location of the berms and to confirm with the
City Engineer that there are no issues regarding the impervious surfaces and drainage system. Buchsbaum
recommends an opinion from the City Engineer on the necessity of the Cultec system. Aveni will return to
the next meeting with the information requested by the Commission.
Squibb motions to continue hearing to the September 9, 2020 meeting. Dines seconds. The motion carries 4-
0.
Cont: 175 & 179 West Street, DEP #5-1302 construction of a building addition, basketball court,
associated appurtenances, and improvements to an existing seawall Gerhard Schulmeyer
Per a request by the applicant, Herbster moves to continue the hearing to the September 9, 2020 meeting.
Dines seconds. The motion carries 4-0.
Cont: 46 LP Henderson Road, DEP #5-1306 remove and replace an existing perimeter fence Beverly
Regional Airport Commission c/o Gloria Bouillon
Dan Nitzsche of GZA Environmental, Craig Schuster of Airport Solutions Group, and Gloria Bouillon
Airport Manager are in attendance representing the applicant. Nitzsche re
August 8, 2020 and addresses the outstanding comments as raised by the Commission at the previous
meeting. He notes that an exact number of fence posts is not available, but he will provide the information in
writing in addition to any other outstanding questions the Commission had. Nitzsche addresses an open
Order of Conditions issued for the installation of the fencing that is now proposed to be replaced and agrees
that they will close out the outstanding Order by submitting a request for Certificate of Compliance. Nitzsche
reviews the Commissions questions pertaining the number of poles in the buffer zone, the difference
between a wildlife habitat report and a habitat hazard report; and the number of aircraft/wildlife strikes.
Buchsbaum recommends the requests for Certificates of Compliance be sought on the applicable Orders of
Conditions, as it appeared there are a number of outstanding Orders, but that the Order relating to the
installation of the fence would be the most appropriate to focus on in the short term.
There being no further questions or comments from the Commission or members of the public, Dines moves
to close the hearing. Herbster seconds. The motion carries 4-0.
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Cont: 248 Dodge Street/3 Longham Road, DEP #5-1307 repair a subsurface sewage disposal system
Timothy McCarthy
Deb Colbert of Hancock Associates recaps the discussion and notes that the Commission performed a site
walk on August 8, 2020 and had comments regarding some trash and debris clean up. The new homeowners
may have future questions on what is allowed within jurisdictional areas, however the current focus is the
permission for the replacement of the septic system. Squibb notes that DEP provided comments regarding
work in Bordering Land Subject to Flooding, which was not discussed on the plan. Colbert notes that she
provided a response letter at that compensatory flood storage is not necessary as they are not working at
those elevations. The Commission concurrently agrees that the site visit was helpful in understanding site
conditions and constraints.
There being no further questions or comments from Commissioners or members of the public, Herbster
moves to close the hearing. Squibb seconds. The motion carries 4-0.
New: 29 Ober Street, (No DEP file # as of posting) raze and replace a single-family dwelling and install a
pool and driveway Patricia Pellegrino
Charles Wear of Meridian Associates, Sarah Rabdow and Christie Dustman of Christie Dustman & Co., and
Charles Silva of Silva Construction, represent the applicant. Wear notes that there is an open Order of
Conditions at the property pertaining to work on the seawall and that the coastal bank is significantly
landward of the seawall due to changes to the FEMA mapping for the 100 year flood elevations.
Wear describes the site plan, noting the house was built in 1890 and recently encountered issues with black
mold and asbestos. Due to required remediation, it is not financially feasible to preserve the current home
and the home is proposed to be replaced in a substantially similar footprint. The owners are seeking approval
to install a garage under the home, which would require incursion into the 25-Foot No Disturbance Zone.
The area where the garage would go is mostly lawn with some shrubs and it is more than 100 feet from the
seawall. Current topography at the site does not permit a lower-level garage at the other side of the house as
the grades are too high in that location. An in-depth planting plan was provided with the application which
focuses on native species plantings and removing invasive species. Rabdow addresses the habitat
enhancements as part of the landscape plan. The landscaping plan mitigates disturbance in the 100-Foot
Buffer Zone and provides native coastal plantings and substantial perennials seasoned throughout the year
for high value flowering and pollination for insects.
Commissioners discuss the plans and schedule a site visit for August 30, 2020 at 9 a.m. Buchsbaum weighs
in on the invasive removal techniques. Herbster questions the impact to the 25-Foot No Disturbance Zone.
Wear refers to the area of impact where the driveway will enter the garage within existing landscaped areas.
Dines motions to continue hearing to the September 9, 2020 meeting. Buchsbaum seconds. The motion
carries 4-0.
RECONVENE REGULAR MEETING
Dines moves to reconvene the regular meeting. Herbster seconds. The motion carries 4-0.
REQUESTS FOR DETERMINATION OF APPLICABILITY
New: MBTA confirm resource area boundaries relative to vegetation management within the railroad right
of way for the years 2021-2025 Keolis Commuter Services c/o Clary Coutu
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Pirrotta reads the legal notice. Clary Coutu of Keolis and Timothy Dermody from FDC Engineering
represent the applicant. The RDA application was submitted related to Commuter Rail Vegetation
Management, which they are required to submit every five years. Keolis routinely notifies the public of their
vegetation management activities including chemical and mechanical vegetation removal in order to keep the
public informed and railways safe for train passage. Herbicides are applied conditionally.
Per Dermody, they are seeking a Negative 2 or 5 Determination. The last application submitted to the
Beverly Conservation Commission in 2016 was granted a Negative 5 Determination. Squibb comments on
the area of mile post 20 and 21 where there are wetland areas indicating there is spraying. Coutu responds
that spraying is only used when needed. The areas are maintained free of vegetation where possible to avoid
spraying. If there is any surface water present, then the area is not sprayed. Commissioners further discuss
the maps, legends, color coding, and protected areas.
There being no further questions or comments, Dines moves to issue a Negative 2 and Negative 5
Determination with the conditions as discussed, under both the MA Wetlands Protection Act and Beverly
Wetlands Ordinance. Squibb seconds. The motion carries 4-0.
New: 18 Fosters Point install one new pile and approve two after-the-fact piles Shelia Clarke
Pirrotta reads the legal notice. Bill Manuell of Wetlands and Land Management, represents the applicant.
The applicant seeks to install one new pile and rectify a discrepancy of what is presently in the field. There is
an existing Chapter 91 license for the pier and Manuell clarifies that the applicant needs a modification to the
Chapter 91 license detailing the discrepancy of the piles and for the new pile. A site inspection conducted at
the time of the Certificate of Compliance in 2006 documents three piles, and it is unclear when the
discrepancy arose. Squibb questions the location of the piles near the gangway with Manuell and has no
further comments.
There being no further questions or comments, Squibb moves to issue a Negative 2 determination with the
conditions as discussed, under both the MA Wetlands Protection Act and Beverly Wetlands Ordinance.
Dines seconds. The motion carries 4-0.
New: 220 Common Lane construct a bump out addition Ellen Dalton
Pirrotta reads the legal notice. Bill Manuell of Wetlands and Land Management, represents the applicant.
The proposed work is for an addition at the rear of the home, which would require the installation of a
concrete post. Straw wattle erosion controls would be installed around the work area with excavated soils to
be placed on a tarp for easy clean up. The work is within the 200-Foot Riverfront Area to Curtis Brook, and
is outside the 100-Foot Buffer to Bank.
Buchsbaum questions how roof runoff will be addressed. Per Manuell there is no evidence of erosion at the
roofline but that crushed stone added to the drip edge would minimize erosion.
There being no further questions or comments, Squibb moves to issue a Negative 2 and Negative 3
Determination with the conditions as discussed, under both the MA Wetlands Protection Act and Beverly
Wetlands Ordinance. Dines seconds. The motion carries 4-0.
New: 9 Ober Street construct an addition including covered entry porch, stairs, and walkway Ocean View
Realty Trust c/o Charles Harris
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Pirrotta reads the legal notice. Bob Griffin of Griffin Engineering represents the applicant and outlines the
proposed work. The FEMA flood zone has changed at the site since 2015, but this has no effect on the
location of the buffer zones as shown on the plan. The applicants are proposing a new kitchen addition
complete with covered porch entryway, stairs, and walkway. The addition will face the road side of the
property not the coastal
There being no further questions or comments, Dines moves to issue a Negative 3 determination with the
conditions as discussed, in accordance with the MA Wetlands Protection Act and Beverly Wetlands
Ordinance. Squibb seconds. The motion carries 4-0.
New: 10 Miller Road reconstruct an existing garage and construct an addition Daniel & Kari Goodwin
Pirrotta reads the legal notice. Sean Malone of Oak Consulting Group, represents the applicant. The work
will be mostly within the same footprint or on a portion of existing lawn. The construction will match the
current style to the house. The project is within the 200-Foot Riverfront Area, but outside the 100-Foot
Buffer. Buchsbaum inquires to the increase in impervious surface. Malone explains the increase to the
impervious surfaces is about 200 square feet and confirms the soils can handle the water runoff. Buchsbaum
confirms no trees will be cut down as part of the work.
There being no further questions or comments, Herbster moves to issue a Negative 2 and Negative 3
Determination with the conditions as discussed, in accordance with the MA Wetlands Protection Act and
Beverly Wetlands Ordinance. Dines seconds. The motion carries 4-0.
New: 62 Cogswell Avenue replace an existing deck and add an enclosed porch Francisco Buenrostro
Pirrotta reads the legal notice. Francisco Buenrostro introduces himself and describes the proposed work.
They are rebuilding an existing deck within the 100-Foot Buffer to Bordering Vegetated Wetlands and
building an enclosed deck that is outside the buffer. The work would not be any closer to the wetlands than
existing structures and the materials will be pressure treated lumber. Buchsbaum raises concern with the
actual boundary of the wetlands and notes that a site-specific delineation was not completed. The application
includes insufficient mapping documentation, but include data from MassGIS. Pirrotta will perform a site
visit to ensure that the work is greater than 50-feet from the wetland as is shown on the state mapping and
hold a pre-construction meeting.
There being no further questions or comments, Dines moves to issue a Negative 3 Determination with the
conditions as discussed, in accordance with the MA Wetlands Protection Act and Beverly Wetlands
Ordinance. Squibb seconds. The motion carries 4-0.
New: 10 Sunnyvale Street install a pool, patio, and fencing Scott Tarnowski
Pirrotta reads the legal notice. Scott and Jeanne Tarnowski introduce themselves and detail the site plan
including installing a 16-foot by 30-foot pool. A silt fence will be installed prior to construction. The pool
would be backfilled with clean new fill. The Tarnowskis confirm no materials will be stored on site and
explain they need to move an existing 500 gallon dry well, as it is within the footprint of the proposed pool
on the back side of the garage. All work is outside the 50-Foot No Build Zone. The fence will be aluminum
chain-link. Squibb inquires to the purpose of the dry well. Mrs. Tarnowski replies it is required from
previous work on site and captures the runoff from the roof. Buchsbaum suggests they submit a revised plan
showing pre- and post-construction conditions, including the dry well.
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There being no further questions or comments, Dines moves to issue a Negative 2 and Negative 3
determination with the conditions as discussed, in accordance with the MA Wetlands Protection Act and
Beverly Wetlands Ordinance. Squibb seconds. The motion carries 4-0.
REQUESTS FOR CERTIFICATES OF COMPLIANCE
New: 29 Ober Street, DEP #5-1265 perform repairs to existing seawall Patricia Pellegrino
The applicant is no longer present at the meeting. Dines moves to continue this item to the September 9,
2020 meeting. Herbster seconds. The motion carries 4-0.
OLD/NEW/OTHER BUSINESS
Modification to Order of Conditions
New: 238 Lothrop Street, DEP File #5-1270
Tyler Ferrick of DeRosa Environmental represents the applicant. The application was submitted in 2019 and
no work has yet been initiated, with delays encountered due to COVID-19. The proposed change from the
approved plan includes installation of a crushed stone patio area near the fire pit, in an area that is an existing
mulched area. There is an intermittent stream in the rear of the property and the work is located within an
existing disturbed area in the 25-Foot No Disturbance Zone. Pirrotta notes that the proposed change does not
appear to necessitate any change to the existing special conditions, should the Commission issue the Minor
Modification.
Dines moves to approve the Minor Modification the Order of Conditions. Squibb seconds. The motion
carries 4-0.
Enforcement Orders
Cont: 10 Tall Tree Drive
The Commission is waiting on a restoration plan. The property owner hired EBT Environmental to prepare
the plan but is encountering issues with the survey work. The applicant requested to continue this to the
September 9, 2020 meeting.
Cont: 22 Hobart Avenue
The applicant reported that they have retained George Zambouras to assist with filing the Request for
Determination of Applicability for the turf/paver area.
24 Paine Avenue
The Commission performed a site walk and suggested that the property owner hire a hydrologist to review
the property and the water issues. Buchsbaum was not convinced there was any violation to the Wetlands
Protection Act or Beverly Wetlands Ordinance, but notes there is concern about flooding and drainage in the
area. The Commission recommends submitting a letter to the property owner following up on the site visit.
Tree Removals
There are no tree removal requests for review.
Minor Project Permits
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Tuck Point Condo Association Pirrotta reports she issued a Minor Project Permit for work to replace the
decking around an existing pool. The pool is on a pier with no work to be done to the pier itself. The
Commission reported no objections.
69 Shortell Avenue Pirrotta reports she issued a Minor Project Permit for deck work within the very outer
edge of the 200-Foot Riverfront Area. The property is located a couple houses away from the river. The
Commission reported no objections.
Cont: Waring School soccer field encroachment
There are no updates to report.
Cont: Beverly Airport update on Vegetation Management Program Airport Solutions Group
Earlier the night of this meeting, Gloria Bouillon, Airport Manager requested a tentative meeting to review
the outstanding issues regarding runway area cutting and the existing vegetation management at the Airport
property. Pirrotta will follow up on scheduling this.
Other: Discussion or Action Items Related to Commission Business, Correspondence, etc. Received/Issued
After Publication of Agenda
There are no updates to report.
Expenditure Approvals
The Commission received a request to renew the annual Greenbelt membership. Dines moves to approve
$100 membership fee expenditure. Squibb seconds. The motion carries 4-0.
ORDERS OF CONDITIONS
46 Henderson Road -DEP #5-1306
The Commission discusses issuing the Order of Conditions under the Wetlands and Protection Act and
Beverly Wetlands Ordinance, with standard general and perpetual conditions and the following special
conditions:
1. Mowing in a 10-foot strip on either side of the fencing may occur as needed at appropriate times of
year or under appropriate conditions as described in yearly operating plans. This conditions shall
survive as a perpetual condition.
2. Within the wetland itself, only hand tools may be used for vegetation management.
3. Disturbed soils shall be seeded with a conservation seed mix and covered with straw mulch or
equivalent.
4. Any imported soils shall consist of clean fill or compost.
5. Brush, slash, other cut materials shall not be placed in the wetlands or 25-Foot No Disturbance Zone.
6. This Order of Conditions is not valid until a Certificate of Compliance is requested and received for
the work approved under DEP File #5-501 for the installation of the perimeter fencing that is
proposed to be replaced.
7. An updated file plan shall be submitted showing the number of fence posts to be installed and gate
locations, prior to construction.
8. Weather-resistant signage shall be added to the fencing noting the presence of wetlands under the
jurisdiction of the Conservation Commission. These markers shall be kept in good repair. This
condition shall survive as an on-going condition beyond the issuance of a Certificate of Compliance.
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Herbster moves to issue the Order of Conditions under the Wetlands Protection Act and Beverly Wetlands
Ordinance, with standard general and perpetual conditions and the special conditions, as discussed. Dines
seconds. The motion carries 4-0.
248 Dodge Street -DEP #5-1307
The Commission discusses issuing the Order of Conditions under the Wetlands and Protection Act and
Beverly Wetlands Ordinance, with standard general and perpetual conditions and the following special
conditions:
1. Staked erosion controls shall be installed between the work and the resource area and shall serve as
the limit of work.
2. At least two weather resistant monuments, not less than 2-feet in height, shall be installed at the edge
of the 25-Foot No Disturbance Zone, bearing markers with the following language:
These markers shall be kept in good
repair. This condition shall survive as an on-going condition beyond the issuance of a Certificate of
Compliance.
3. Disturbed soils shall be reseeded with an appropriate seed mix.
4. The existing subsurface disposal system/septic shall be appropriately decommissioned per Title V
requirements.
5. There shall be no fill or grading within Bordering Land Subject to Flooding.
Dines moves to issue the Order of Conditions under the Wetlands Protection Act and Beverly Wetlands
Ordinance, with standard general conditions and the special conditions, as discussed. Squibb seconds. The
motion carries 4-0.
ADJOURNMENT
Dines moves to adjourn meeting. Squibb seconds. The motion carries 4-0. Meeting adjourned 10:24 pm.
Next Meeting of the Conservation Commission:
Wednesday, September 9, 2020 - Regular Meeting