07_16_2024 Cons Com Minutes - final City of Beverly Conservation Commission
July 16,2024
Meeting Minutes
Page 1 of 9
CITY OF BEVERLY
PUBLIC MEETING MINUTES
BOARD OR COMMISSION: City of Beverly Conservation Commission
DATE: July 16, 2024
LOCATION: Virtual via Google Meet
MEMBERS PRESENT: Chair Christine Bertoni, Vice Chair Robert Buchsbaum, Tara
Duffy, Grace Charles, William Squibb, Amber Redmond
(arrived late)
MEMBERS ABSENT:
OTHERS PRESENT: Conservation Agent David Spidaliere
RECORDER: Lucy Goss
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.
2) Certificates of Compliance/Minor Modifications/Extensions/Tree Removals/Emergency
Certifications
a) Certificates of Compliance
i) New: 1 Brookwood Road,DEP File#5-385
John Morin from the Morin Cameron Group is present, representing the Brookwood School. An Order
of Conditions was issued on August 16, 1991 for the maintenance of existing culverts and subdrains in
the school's sports field and access road. Morin presents copies of site plans, explaining that the plans
Morin received from the prior engineering group did not provide sufficient detail about the location or
scope of the repairs. Morin inspected the site and did not find a water outlet. It appears the drainage
system was repaired or removed, as it seems to be working fine. Morin found no evidence of breakout
or erosion to indicate a drainage issue.
Spidaliere explains that Conservation Field Inspector Scott White visited the site on June 25, 2024.
Although not much was visible above ground, White found that the site was stable. Bertoni asks if
there were any perpetual conditions on the prior plans and Morin confirms there were none. Squibb
asks for clarification about other work that was completed on school property.
Buchsbaum: Motion to issue an invalid Order of Conditions for 1 Brookwood Road, DEP File 95-
385 under the Wetlands Protection Act and the Beverly Wetlands Ordinance, with the
assumption that the work was never completed. Duffy seconds. Bertoni takes a roll call
vote. Motion carries (5-0).
Amber Redmond joins the meeting.
ii) New: 1 Brookwood Road,DEP File#5-568
John Morin from the Morin Cameron Group is present, representing the Brookwood School. An Order
of Conditions was issued on January 14, 1997 for the installation of a water main under an access road
located off of Hale Street. Morin presents site plans and explains that this work was completed in
1
City of Beverly Conservation Commission
July 16,2024
Meeting Minutes
Page 2 of 9
substantial compliance with the approved site plan. Morin Cameron has already received a Certificate
of Compliance for related work completed in the town of Manchester and now seeks a Certificate of
Compliance for the portion of work completed in Beverly. Morin confirms that there were no
perpetual conditions associated with this project.
Redmond: Motion to issue a Complete Certificate of Compliance for 1 Brookwood Road,
DEP File #5-568 under the Wetlands Protection Act and the Beverly Wetlands
Ordinance. There are no perpetual conditions. Duffy seconds. Bertoni takes a
roll call vote. Motion carries (6-0).
iii) New: 1 Brookwood Road,DEP File#5-1061
John Morin from the Morin Cameron Group is present, representing the Brookwood School. An Order
of Conditions was issued on October 17, 2011 for the replacement of a natural turf field with a
synthetic turf field, associated subsurface drainage system, replacement of existing culverts under the
field, restoration and mitigation plantings, and invasives species management.
Morin explains that his firm was hired by Brookwood School after the construction was completed to
close out the outstanding site orders. Morin states that the work was completed in compliance with the
approved plan, with multiple deviations:
- The approved plan includes a 4' x 2' box culvert, but Morin Cameron found two 30-inch
diameter culverts that were not connected. Despite this deviation, the drainage system appears
to be working as designed.
- An inspection by DeRosa Environmental of the invasive species mitigation area required under
the plan indicates that, although mitigation was done in 2016, there is evidence that the
invasive species have grown back since then.
Morin explains that the original order included a perpetual condition for the long-term maintenance of
invasive species, but the maintenance plan was not submitted. Morin believes the project was in
compliance with this condition before the invasive species grew back. Morin has submitted an
invasive species Operations and Maintenance plan that was prepared by DeRosa Environmental.
Michael DeRosa speaks, confirming that DeRosa Environmental has been retained by Brookwood
School to remove the invasive species, which they expect to complete in November or December of
2024. Squibb asks about a lawn near the pond that was originally intended to be planted with native
species. DeRosa shows a photograph of the lawn and explains that there are dense plantings along the
pond shore and that in his opinion it satisfies the original intent of the restoration.
Bertoni inquires about field drainage from the synthetic turf, which may contain PFAS. Bertoni notes
that perpetual condition 2a requires sampling from the wells and manhole cleanouts within the field
drainage system and asks about the results of this testing. Morin does not have this information
prepared and says he will look into the condition and submit more information soon.
Charles proposes to continue the Certificate of Compliance until the invasive species maintenance is
completed and the Commission receives more information about the perpetual conditions discussed
today. The Commissioners decide to continue to the meeting to December 17, 2024.
2
City of Beverly Conservation Commission
July 16,2024
Meeting Minutes
Page 3 of 9
Spidaliere shares that Conservation Field Inspector Scott White conducted a site inspection and did not
find any issues, other than the deviations Morin mentioned.
Buchsbaum: Motion to continue the Certificate of Compliance request to the December 17,
2024 meeting. Redmond seconds. Bertoni takes a roll call vote. Motion carries
(6-0).
Redmond: Motion to recess for public hearings. Duffy seconds. Bertoni takes a roll call vote.
Motion carries (6-0).
3) Recess for Public Hearings
4) Notices of Intent/Abbreviated Notices of Intent/Requests for Amended Orders of
Conditions/Abbreviated notices of Resource Area Delineations
a) Cont.: Multiple Addresses,DEP File#5-1409 — City-wide Beach Management Plan—City of
Beverly
Eric Barber of DPW is unable to attend. Spidaliere explains that Barber has agreed to provide final
documentation for the application by the next Commission meeting on August 6, 2024.
Squibb: Motion to continue the hearing to the August 6, 2024 meeting. Buchsbaum
seconds. Berton takes a roll call vote. Motion carries (6-0).
b) New: 17 Wirling Drive,no DEP File #as of posting—Addition to single family house—
Michael Contilli
Spidaliere reads the legal notice. Bob Griffin of Griffin Engineering is present on behalf of the
applicant regarding the proposal to create a vertical addition to the house to add an accessory dwelling
unit, deck, paver walkway, and parking space. Griffin shares site plans and photographs of the
property. Griffin confirms there is no need for compensatory flood storage, all of the concrete work is
below grade, and no grade changes will be required for the walkway.
The Commission decides to conduct a site visit on Friday, July 19, 2024 at 5:OOpm.
Redmond: Motion to continue the hearing to the August 6, 2024 meeting. Buchsbaum
seconds. Bertoni takes a roll call vote. Motion carries (6-0).
c) New.: Hart Street,DEP File #5-1425—Replacement of Gas Main—BSC Group
Spidaliere reads the legal notice. Carolyn Gorss from the BSC Group is present, representing Boston
Gas Company. A Notice of Intent was submitted July 2, 2024 is for the installation of approximately
200-feet of replacement 2" diameter gas main beneath the roadway along Hart Street. Gorss presents
maps and photographs and explains that all of the proposed impacts are within the currently disturbed
roadway footprint. BSC has determined that the gas main is in need of replacement, as part of the
efforts to replace existing gas mains with plastic gas mains, which last longer and are less likely to
leak. The new gas main will be installed by drilling 5 feet below the existing culvert. Gorss explains
3
City of Beverly Conservation Commission
July 16,2024
Meeting Minutes
Page 4 of 9
that the current plan is to abandon the existing pipeline in place as it does not appear it can be safely
removed. Squibb inquires about any plans to clean the culvert. Gorss clarifies that Boston Gas does
not own the culvert and cleaning it is not part of the proposed project.
Spidaliere shares a question submitted from an abutter about the entry and exit pits, asking for
clarification about the lines drawn on the roadway, which do not appear to line up precisely with the
measurements shown on the plans. Gorss explains that the lines drawn on the roadway are not
intended to be exact, but the pits will not be moved any closer to the culvert.
Bertoni asks if the horizontal directional drilling is self-contained to avoid concerns about drilling mud
leaking out below the culvert. Gorss confirms this, but notes there is a contingency plan in case of an
inadvertent release.
Buchsbaum: Motion to close the hearing. Redmond seconds. Bertoni takes a roll call vote.
Motion carries (6-0).
5) Reconvene Regular Meeting
Duffy: Motion to reconvene the regular meeting. Buchsbaum seconds. Bertoni takes a
roll call vote. Motion carries (6-0).
6) Requests for Determination of Applicability
a) Cont.: 114 Livingstone Avenue—Determination of Jurisdiction—Brian Marks
Michael DeRosa of DeRosa Environmental and Marshall Handly, attorney for the applicant, are
present, representing the applicant. DeRosa presents a site plan and photographs and explains his
observations that the area is used as a community compost pile. DeRosa Environmental conducted a
topographical survey of the area and found no evidence of water flow from the wetland to the channel,
and DeRosa concludes that the channel is a ditch, not a stream. DeRosa and Handly request that the
Commission issue a negative determination finding that the disputed area is not jurisdictional.
Bertoni asks whether the applicant might want to modify the request to ask the Commission to
delineate the boundaries of the wetland with the IVW delineation recently submitted and reviewed on
the site visit. DeRosa and Handly confirm that at this time, the applicant is only asking the
Commission to decide whether the disputed area is jurisdictional.
Buchsbaum explains that an independent peer review report submitted to the Commission indicated
that the disputed area is an intermittent stream. Handly disputes this interpretation of the peer review
results, arguing that the peer review indicated a"potential" connection to the ditch, but without data to
support an actual hydraulic connection. Handly states his opinion that DeRosa's survey confirmed
there is no hydraulic connection and that the disputed area is not a stream.
Bertoni discusses past Commission decisions related to the delineation of intermittent streams and
shares her opinion that the fact that the area has been used to dump trash and debris is not evidence
4
City of Beverly Conservation Commission
July 16,2024
Meeting Minutes
Page 5 of 9
that it is not wetlands. Bertoni refers to photographs submitted by abutters showing flooding in the
area.
Buchsbaum: Motion to issue a Positive 1 & 5 determination under the Wetlands Protection
Act and the Beverly Wetlands Ordinance. The Commissions determines that
the disputed area is jurisdictional as an intermittent stream and finds evidence
of Bordering Vegetated Wetlands (BVW). Redmond seconds. Bertoni takes a
roll call vote. Motion carries (6-0).
b) New: 4 Canterbury Circle—Replace deck—Kathleen Salandrea
Spidaliere reads the legal notice. Due to technical difficulties, the applicant is unable to present. The
Commissioners decide to continue this request.
Buchsbaum: Motion to continue the item to the August 6, 2024 meeting. Squibb seconds.
Bertoni takes a roll call vote. Motion carries (6-0).
c) New: 5 Eagle Lane— Construction of addition—Eric Skaza
Spidaliere reads the legal notice. Homeowner Eric Skaza is present to present this project. The
proposed work is for the construction of an addition to the house, new bulkhead egress, and a new
portion of deck which would require 3 new footings. A portion of this work would take place within
the buffer zone to Bordering Vegetated Wetlands. Skaza shows photographs and plans for the
addition, to be located on an existing impervious deck and patio. Skaza points out that his home and
yard are elevated from the wetlands.
Berton asks whether blasting will be necessary to dig out the basement. Skaza indicates that he will
use a small excavator to dig out the basement, and if blasting is required he will modify his plans for
the basement. The Commissioners explain that the RDA will not permit blasting or drilling, and that if
doing so becomes necessary, Skaza would need to file a Notice of Intent.
The Commissioners comment that a site visit is not necessary after reviewing the photographs.
The Commission discusses the following conditions:
1. All demolished materials, excavated soils, or other related debris shall be stored or stockpiled
outside jurisdictional resource and buffer zone areas, if not immediately removed from the site
and shall be appropriately disposed of off-site.
2. Prior to any work occurring, erosion controls shall be installed between the work area and the
wetland resource area and shall remain in place for the duration of the work.
3. The use of timbers pressure treated with A.C.Q. (Alkaline Copper Quats) or the equivalent is
permitted as construction material for the deck. Creosote treated timber is prohibited. Wood
preservative must be dry before any treated wood is used in construction.
4. All areas disturbed during construction shall be immediately stabilized against erosion and
revegetated with appropriate fast growing erosion control species or native plants within thirty
(30) days of final on-site grading.
5
City of Beverly Conservation Commission
July 16,2024
Meeting Minutes
Page 6 of 9
5. During the work, construction equipment shall be located on existing paved areas or as far
from the wetland resource areas as possible.
6. This determination does not permit drilling or blasting of the ledge.
Redmond: Motion to issue a Negative 3 Determination under the Wetlands Protection
Act and the Beverly Wetlands Ordinance, with the conditions as discussed.
Buchsbaum seconds. Bertoni takes a roll call vote. Motion carries (6-0).
d) New: 340 Old Essex Road—Installation of fence—David Khouri
Spidaliere reads the legal notice. Property owner David Khouri is present. Khouri shows photos of the
property and a plan for the installation of an aluminum fence around a portion of the back yard. This
work would take place within the buffer zone to an Inland Bank associated with an intermittent stream
and within the 50-foot buffer to BVW. Khouri estimates the fence will be roughly 35 feet from the
intermittent stream. Khouri explains that he wants to install the fence for safety reasons.
Bertoni, Buchsbaum, and Squibb comment that the Commission will need more detailed information
about the project before making a decision, including information about the proposed construction
activity,tools, and materials to be used.
Redmond: Motion to continue the item to the August 6, 2024 meeting. Buchsbaum
seconds. Bertoni takes a roll call vote. Motion carries (6-0).
e) New: 531R Hale Street—Replace collapsed wooden bridge—Chris Dick
Spidaliere reads the legal notice. Property beneficiary Chris Dick is present. The proposed work is for
the replacement of an old wooden bridge that has collapsed and been removed. This work would take
place within the Inland Bank and 200-foot Riverfront Area. Spidaliere shows photographs of the old
and new bridges. The bridge will be replaced in-kind with another wooden bridge using the exact same
dimensions (8' X 30"). The new bridge has already been constructed but not installed. Dick clarifies
that the bridge sits on stones so it is unlikely to disturb the soil. The project will be completed using
only hand tools.
The Commission discusses the following conditions:
I. Any debris entering the stream from construction activities shall be recaptured for appropriate
disposal.
2. 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.
3. All materials shall be cut off-site and carried to the crossing.
4. Hand tools shall be used for on-site installation. No heavy construction equipment, gas
powered tools, or vehicles are permitted during bridge construction.
5. Any area that is disturbed during construction is to be revegetated immediately, or as soon
thereafter as the growing season commences, with appropriate native vegetation.
6. The bank may not be altered as a result of replacing the bridge.
6
City of Beverly Conservation Commission
July 16,2024
Meeting Minutes
Page 7 of 9
Redmond: Motion to issue a Negative 2 & 3 Determination under the Wetlands
Protection Act and Beverly Wetlands Ordinance,with conditions discussed.
Buchsbaum seconds. Bertoni takes a roll call vote. Motion carries (6-0).
f) New: 204 Greenwood Avenue— Construction of pavilion—North Shore Nursery School
Spidaliere reads the legal notice. Jessie Vogel, Director of the North Shore Nursery School, speaks
regarding this request. The proposed work is for the construction of a 16' x 28' timber-framed pavilion
on a concrete foundation, to be located inside the existing playground area. Crushed stone will
surround the foundation and a gutter system and rain barrels will be added to the structure to collect
rainwater for use in irrigation. The proposed work will take place within the 100-foot buffer to Inland
Bank and the 200-foot Riverfront Area.
Buchsbaum asks whether the pavilion can be moved to an alternative location outside of the Riverfront
Area. Vogel explains that this location is ideal because its proximity to the school building allows the
children and staff access to the school and bathrooms. The construction company is willing to provide
a silt fence to prevent runoff to nearby Chubbs Brook. The company will grade the land to level out
the area before pouring the concrete foundation.
The Commissioners decide to schedule a site visit for Friday, July 19, 2024 at 6pm.
Squibb: Motion to continue the item to the August 6, 2024 meeting. Duffy seconds.
Bertoni takes a roll call vote. Motion carries (6-0).
7) Old/New/Other Business
a) Commission Business, correspondence, and other matters
i. Officer elections
The Commission holds officer elections every year after the normal term expiration date,
which is June 30.
a. The Commission votes to elect and re-appoint Christine Bertoni as Chair(6-0).
b. The Commission votes to elect and appoint Amber Redmond as Vice Chair (6-0).
ii. Obear Park letter of support
The Sustainability Office requested a letter from the Commission in support of the their
application for a CZM Coastal Resilience Grant for resiliency work at Obear Park. The
Sustainability Office is aware that they will need to come before the Commission for
approval if and when a project is actually proposed. Buchsbaum suggests adding
language to the letter expressing the Commission's awareness of the vulnerability of
Obear Park to erosion due to sea level rise and climate change.
Buchsbaum: Motion to approve the letter of support with the discussed changes. Redmond
seconds. Motion carries (6-0).
b) Expenditure Approvals
7
City of Beverly Conservation Commission
July 16,2024
Meeting Minutes
Page 8 of 9
i. Dues for the Massachusetts Association of Conservation Commissions (MACC)need
to be paid for FY 2025.
a. $544 is due for Commissioner memberships + $60 for memberships for each staff
members (Spidaliere and White). Total due to MACC is $664.
Redmond: Motion to approve the MACC dues for fiscal year 2025 in the amount of
$664. Duffy seconds. Motion carries (6-0).
ii. Conservation Agent and Conservation Field Inspector June mileage
Redmond: Motion to approve the Conservation Agent mileage reimbursement in the
amount of$14.82 and Conservation Field Inspector mileage reimbursement
in the amount of$33.29. Charles seconds. Motion carries (6-0).
8) Orders of conditions,if any
a) Hart Street,DEP File #5-1425—Replacement of Gas Main—BSC Group
The Commission discusses the following conditions:
I. Prior to construction, erosion controls shall be installed along either side of the proposed area
of work. The Conservation Field Inspector 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. Any trenches shall be closed at the end of each workday.
8. If dewatering is required, the water shall be discharged to a vegetated land surface. Where
vegetation is absent or where slope prohibits, water shall be pumped into a filter bag, or a
dewatering basin consisting of a filter bag with straw bale or silt fence perimeter controls
located outside of wetland resource areas.
9. Follow and apply appropriate measures that are included in the National Grid Environmental
Guidance Best Management Practices sheets included in the Notice of Intent application.
8
City of Beverly Conservation Commission
July 16,2024
Meeting Minutes
Page 9 of 9
10. Follow and apply the HDD Contingency Plan in the event of an"inadvertent return" as was
included in the Notice of Intent application.
Buchsbaum: Motion to issue an Order of Conditions for Hart Street, DEP File 95-1425
including general, special, and standard perpetual conditions under the
Wetlands Protection Act and the Beverly Wetlands Ordinance as discussed.
Redmond seconds. Berton takes a roll call vote. Motion carries (6-0).
2) Approval of minutes
a) June 4,2024
The Commission reviews and offers edits to the June 4, 2024 draft meeting minutes.
Buchsbaum: Motion to accept the June 4, 2024 meeting minutes as amended. Squibb
seconds. Bertoni takes a roll call vote. Motion carries (5-0). Charles abstains.
b) June 24,2024
The Commission reviews and offer edits to the June 24, 2024 draft meeting minutes.
Buchsbaum: Motion to accept the June 24, 2024 meeting minutes as amended. Redmond
seconds. Bertoni takes a roll call vote. Motion carries (5-0). Charles abstains.
3) Adjournment
Buchsbaum: Motion to adjourn. Duffy seconds. Bertoni takes a roll call vote. Motion
carries (6-0).
Meeting adjourns at 10:30p.m.
The next regular meeting of the Conservation Commission is scheduled for Tuesday,August 6,
2024, at 6:30 p.m.
9