11-10-20 Con Com Minutes - FINAL
Beverly Conservation Commission
November 10, 2020 Meeting Minutes
Page1of5
CITY OF BEVERLY
PUBLIC MEETING MINUTES
BOARD OR COMMISSION: Beverly Conservation Commission
SUBCOMMITTEE:
DATE: November 10, 2020
LOCATION: Remotely held meeting through Google Hangouts Meet
MEMBERS PRESENT: Vice Chair Robert Buchsbaum, Richard Grandoni
Stephanie Herbster, David Dines, William Squibb
MEMBERS ABSENT: Chair Christine Bertoni
OTHERS PRESENT: Environmental Planner Jenna Pirrotta
RECORDER: Sarah Scott-Nelson
Buchsbaum calls the meeting to order at 7:03 p.m. Buchsbaum confirms which members are
present, with Bertoni being absent. Buchsbaum reads the virtual meeting guidelines and notes
that the meeting is being held in accordance with temporary Open Meeting Law adjustments due
to the State of Emergency associated with the COVID-19 outbreak.
Approval of Minutes (as available)
September 29, 2020
The Commission reviews the draft minutes. Dines moves to approve the September 29, 2020
minutes as written. Seconded by Squibb. The motion carries 5-0.
Recess for Public Hearings
Herbster moves to recess for public hearings. Seconded by Dines. The motion carries 5-0.
Notices of Intent/Abbreviated Notices of Intent/Requests for Amended Orders of
Conditions
Cont.: 55 Ober Street, DEP File #5-1312 repair existing seawalls and walkway and install new
walkway City of Beverly, c/o Michael Collins
Mike Collins, Commissioner of Public Services and Engineering for the City of Beverly, recaps
the project and explains that he received comments from MassDEP about requirements which
should have been on the plan. Grandoni asks about the slope of the walkway/seawall cap. Collins
reports that this was intentional and that it sheds away water and minimizes infiltration behind
the wall. In response to question, Collins confirms that the ramp is part of this plan and
that it would be located within the existing footprint of the stairs. Buchsbaum asks Collins to
address concerns, including the need for a Chapter 91 license, and to confirm whether
Mass Coastal Zone Management has any concerns. Collins notes that he will need to follow up
separately with MassDEP.
Beverly Conservation Commission
November 10, 2020 Meeting Minutes
Page2of5
Buchsbaum opens the hearing to comments from members of the public. Bob Baldwin of 44
Ober Street asks about when construction would occur, and Collins reports it would be before
spring if possible. Pirrotta reads a comments letter to the Commission from Mass Division of
Marine Fisheries. In response, Lisa Chandler, Assistant City Engineer notes that the proposed
15-foot wide access on the beach would only be for the reconstruction work at the Woodbury
Beach side, and that otherwise there would be no disturbance to the beach.
Dines moves to continue the hearing to the December 8, 2020 meeting. Seconded by Grandoni.
The motion carries 5-0.
New: 91 Lothrop Street, DEP file # 5-1313 Daniel & Daniella Mammola
Pirrotta reads the legal notice. Chris Sparages of Williams & Sparages, representing the
applicant, explains the plans to construct an in-ground pool with patio and pool house,
landscaping, and associated appurtenances. The proposed work is within the 100-Foot Buffer to
Coastal Bank. Sparages states that the pool house will be removed from the plan and a revised
plan will be submitted. He states that in the revised plan will pull the work closer to house.
Elliott Brundage, landscape architect, describes the proposed planting plan along the slope to
include native pollinator-friendly species.
Members agree that a site visit should be held and schedule a time for 8:00 a.m. on Saturday,
November 14, 2020. Buchsbaum notes that he was near the site and that the wood stairs to the
beach should be added to the proposal to ensure they are permitted. Buchsbaum opens the
hearing to comments from members of the public. Estelle Rand, Ward 2 City Councilor,
expresses concern received from constituents regarding public access near the end of Ocean
Avenue, and asks for clarification on the signage that was recently installed at
the property. Squibb invites Rand to attend the site visit.
Dines moves to continue the hearing to the December 8, 2020 meeting. Seconded by Herbster.
The motion carries 5-0.
Reconvene Regular Meeting
Dines moves to reconvene the regular meeting. Seconded by Herbster. The motion carries 5-0.
Requests for Determination of Applicability
Cont: 22 Hobart Avenue retain and remove portions of existing turf, walkway, and driveway
Joseph Grein
George Zambouras P.E., representing the applicant, provides a recap of the proposal and states
that comments were received from Southern Essex Sewerage District (SESD). Zambouras
reports that the plan was revised to address the comments, including depicting the subsurface
utilities and additional of construction notes. Pirrotta confirms she received confirmation of
SESD that they were satisfied with the changes and had no further comments. Buchsbaum reads
the proposed conditions.
Beverly Conservation Commission
November 10, 2020 Meeting Minutes
Page3of5
Dines moves to issue a Negative 2 and 3 Determination with the conditions as discussed.
Seconded by Grandoni. The motion carries 5-0.
New: 131 Livingstone Avenue construct partially after-the-fact timber retaining wall Ana
Sirianni
Pirrotta reads the legal notice. Evin Guvendiren of DeRosa Environmental, representing the
applicant, explains the project to construct a timber retaining wall within Land Subject to Coastal
Storm Flowage, and that portions of the work had already begun. Dines asks whether the work is
within the buffer to any other resource areas as marsh is located nearby. Herbster asks about the
intent of the work and seeks clarification on the number of lots. Guvendiren confirms that the fill
area will be grassed and will level out to the road, and notes that the area is one lot. Squibb asks
for clarification about which trees in the picture are to be removed and for a better delineation of
the resource areas including a measurement of the work from the marsh. The Commission
schedules a site visit for 9:00 a.m. on Saturday, November 14, 2020.
Dines moves to continue the discussion to the December 8, 2020 meeting. Seconded by Squibb.
The motion carries 5-0.
Requests for Certificates of Compliance
New: 50 Dunham Road, DEP File #5-1184 repave entire length of site driveway and
reconfigure existing parking areas Dunham Ridge, LLC
Mike Aveni of Cummings Properties, representing the applicant, explains the completed work
including paving and stormwater mitigation to accommodate extra run off, which was completed
in 2016. Pirrotta reports she held a site inspection and that the site was stable but that additional
items including a National Grid utility vault and smoking shelter were installed, but were not part
of the approved plan. The Commission notes that the additional items are outside the 50-No
Build Zone and appear minor, but should have been brought to the Commission for review
before installation. Pirrotta recounts the perpetual conditions included with the Order.
Buchsbaum notes that the Commission needs an updated plan for the file to include the
intermittent stream and buffers.
Dines moves to issue the Certificate of Compliance with the ongoing conditions as discussed.
Seconded by Grandoni. The motion carries 5-0.
New: 875 Hale Street, DEP File #5-1038 construct a 6-lot subdivision, with 5 new single
family houses and associated appurtenances Montrose School Park, LLC
Pirrotta reports that the applicant has requested to continue the request to the December 8, 2020
meeting. Squibb moves to continue to the December 8, 2020 meeting. Seconded by Herbster.
The motion carries 5-0.
New: 10 Marsh Avenue, DEP File #5-1272 Augustus & Karen Gomes
Beverly Conservation Commission
November 10, 2020 Meeting Minutes
Page4of5
Karen and Augustus Gomes, homeowners, are present to explain the work including the
reconstruction of the rear deck and stairs, removal of a concrete pad, and construction of a front
porch. Work was completed per the plan, except that a portion of pavement was not removed.
Herbster asks if the pavement removal was a mitigation requirement. Pirrotta cites special
condition 3 of the Order which addresses this question.
Dines moves to issue a complete Certificate of Compliance with the ongoing conditions as
discussed. Seconded by Grandoni. The motion carries 5-0.
Old/New/Other Business
Extension Requests
New: 675E Hale Street, DEP File #5-1196 pond dredging Lolly Gibson
David Cowell of Hancock Associates, representing the applicant requests to extend the Order of
Conditions for the pond dredging work. Delays were encountered due to the necessary permits
from other agencies before the work can begin. Cowell notes that the work is for a
to determine how well the widgeon grass regrows and that the applicant would file a new Notice
of Intent for the complete dredging. Buchsbaum asks about results from initial transplant work.
Cowell reports they have feedback from aquatic plant specialists regarding collection of
sediments during dredging so that it may be used as a seed bank to regrow the widgeon grass.
Cowell will forward any state and federal permits received, for the files.
nd
Squibb moves to grant the 2 and final extension to the Order of Conditions. Seconded by
Dines. The motion carries 5-0.
Enforcement Orders
Cont: 29 Roderick Avenue Ana Silva
Ana Silva, homeowner, updates that Commission on the completion of a planting plan which
was sent to the Commission for review. Buchsbaum notes that purple loosestrife should not be
planted, as it is an invasive species. The Commission discusses conditions to accept the planting
plan with the work completed by May 31, 2021, removal of the purple loosestrife and
replacement with a native alternative, a survivorship of 75% beyond the initial planting, and the
Conservation Agent shall be contacted for a site walk after initial planting and again at 6 months
after planting.
Dines moves to issue the updated Enforcement Order with the conditions as discussed. Seconded
by Buchsbaum. The motion carries 5-0.
New: 11 Bay View Avenue Corning Cove, Ltd.
Beverly Conservation Commission
November 10, 2020 Meeting Minutes
Page5of5
Pirrotta updates the Commission on the issuance of the Enforcement Order since the last meeting
and notes that there was no requirement that the applicant be present for this meeting. The
Commission received a response from the property owner and Griffin Engineering was retained
to complete the restoration plan. This item will be reviewed for the January 5, 2021 meeting.
Tree Removals, If Any
There are no tree removal requests for review at meeting. The Commission received a
tree removal request yesterday for the removal of 6 trees and Pirrotta requested feedback on
appropriateness for review under the tree removal protocol. The Commission is okay with tree
removal protocol unless there was an outstanding replanting requirement.
Minor Project Permits, If Any
Pirrotta reports that she issued a Minor Project Permit to the Harbor Management Authority for
removal of junk and debris within an intertidal section of the Bass River at Innocenti Park. The
Commission reported no objections.
Cont: Waring School soccer field encroachment
Pirrotta reports the Open Space and Recreation Committee (OSRC) has similar concerns as the
Commission regarding removal of the encroachment on City property. Mayor Cahill and the
OSRC were looking for alternatives that would allow the soccer field to remain. Squibb suggests
there may be other property owned by Waring School that could be offered as an offset. Pirrotta
will update the Commission with any new information.
Cont: Beverly Airport update on Vegetation Management Program Airport Solutions
Group
Pirrotta reports there is no new information and that the Commission is waiting on requests for
Certificates of Compliance for the original perimeter fencing installation and vegetation
management.
Other: Discussion or Action Items Related to Commission Business, Correspondence, etc.
Received/Issued After Publication of Agenda, If Any
The Commission received a site visit request for proposed work at Beverly Golf and Tennis,
including culvert maintenance, vegetation removal, and fill. Pirrotta will schedule a visit for next
week. Buchsbaum may attend.
Adjournment
Herbster moves to adjourn the meeting at 9:18 p.m. Seconded by Squibb. The motion carries 5-0.
The next regular meeting of the Conservation Commission is Tuesday, December 8, 2020.