08_27_2024 Cons Com Minutes - draft City of Beverly Conservation Commission
August 27,2024
Meeting Minutes
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CITY OF BEVERLY
PUBLIC MEETING MINUTES
BOARD OR COMMISSION: City of Beverly Conservation Commission
DATE: August 27, 2024
LOCATION: Virtual via Google Meet
MEMBERS PRESENT: Chair Christine Bertoni, Vice Chair Amber Redmond, Grace
Charles, William Squibb, Robert Buchsbaum (late)
MEMBERS ABSENT: Tara Duffy
OTHERS PRESENT: Conservation Agent David Spidaliere, Conservation Field
Inspector Scott White
RECORDER:
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: 60 South Terrace,DEP File #5-1274
ii) New: 60 South Terrace,DEP File #5-1318
Both requests by 60 South Terrace for Certificates of Compliance were tabled to later in the meeting
due to the applicant's representative not being present.
b) Requests for Extension to Order of Conditions
i) New: 29 Ober Street,DEP File #5-1308
David Kelly of Meridian Associates is present on behalf of the applicant and says that there is no
change to the OOC,but that the project has taken longer than originally expected.
Redmond: Motion to extend the OOC for 29 Ober Street, DEP File 95-1308 under the
Wetlands Protection Act and local ordinance to October 8, 2025. Charles
seconds. Motion carries (4-0).
3) Recess for public hearings
Charles: Motion to recess for public hearings. Redmond seconds. Bertoni takes a roll call
vote. Motion carries (4-0).
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
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Spidaliere explains that Eric Barber was given several comments and requested edits from the
Commission at the August 6, 2024 meeting, but that he has not had a chance to update the Beach
Management Plan. The Commissioners decide to continue this matter to the next meeting on
September 24, 2024, to allow Barber to make the edits and to provide the Commission with a revised
copy of the Beach Management Plan.
Redmond: Motion to continue the hearing to the September 24, 2024 meeting. Squibb
seconds. Bertoni takes a roll call vote. Motion carries (4-0).
b) Cont.: 0 Trask Lane,DEP File #5-1407—Request for Amendment to ORAD —Corcoran
Trask Lane LLC c/o Peter Mahoney
Elizabeth Wallace of Hayes Engineering is present on behalf of the applicant. Wallace shares the
revised plan dated August 14, 2024 and explains that a portion of the flagging around Duck Pond was
updated based on Commissioner comments during the August 10, 2024 site visit. Sergio Bonilla of
Mission Wetland& Ecological Service, LLC is present and explains to the Commission that Duck
Pond does not contain any vernal pool characteristics.
Redmond: Motion to close the hearing. Charles seconds. Bertoni takes a roll call vote.
Motion carries (4-0).
Commissioner Buchsbaum arrives.
c) Cont.: 18 Brimbal Avenue,Local IVW— Site drainage& landscape improvements —
Kathleen Downey
Bob Griffin is present on behalf of the applicant and shares the revised plan dated August 21, 2024.
Griffin describes the revisions made to the plan, including the addition of a garden bed in the back
yard, expansion of the existing driveway, removal of the originally proposed earthen berm to be
replaced with a crushed stone infiltration trench, and the addition of 8 new trees. The Commission
asks when the unpermitted trees were removed, and Griffin explains that these were removed as part
of a solar panel installation project.
Bertoni opens up the discussion to members of the public. The Commission hears comments from:
Steve McCarthy on behalf of Hannelore McCarthy, owner of 9 Montserrat Road&the Right-
of-Way to the south of 18 Brimbal Avenue:
McCarthy asks whether the driveway expansion will cause flooding issues in the Right-of-
Way. Griffin explains that this will not be the case. The inclusion of a berm/curb at the side of
the driveway is agreed upon.
Hugh Braley, owner of 20 Brimbal Avenue:
Braley asks if any plants will be removed between 18 and 20 Brimbal Avenue for the
installation of the dog fence. Griffin says no. Braley states that one of his downspouts will be
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right up against the new fence line, and Griffin suggest that they work together to reroute it to
the new drainage connection.
Constance Cole, owner of 14 Brimbal Avenue:
Cole states that she agrees with the addition of a berm/curb on the driveway expansion. She
explains that the Right-of-Way does get standing water after storms and that this has been
made worse by the removal of trees within the Right-of-Way. She expresses concern over her
basement getting wet.
Doug Cellineri on behalf of Louis Cellineri, owner of 11 Montserrat Road:
Cellineri questions the Commission and Griffin on the lack of real information included in the
plans and discussion. He would like to know exactly how much water will be removed as part
of the IVW filling and how that will be compensated for. Griffin and multiple Commissioners
explain that water levels change all the time, so that calculating exact amounts of water to be
moved from one spot to another is not important. Bertoni states that the replication of the filled
IVW with an area of IVW that is 2x larger is more than enough to make up for the wetland
lost.
Squibb: Motion to close the hearing. Redmond seconds. Bertoni takes a roll call vote.
Motion carries (5-0).
5) Reconvene Regular Meeting
Buchsbaum: Motion to reconvene the regular meeting. Charles seconds. Bertoni takes a roll
call vote. Motion carries (5-0).
6) Requests for Determination of Applicability
a) Cont.: 36 Cole Street—Install above-ground pool —Bruce & Johanna Johnson
The applicants are not present so the Commission decides to continue the matter to the next meeting.
Charles: Motion to continue to the September 24, 2024 meeting. Redmond seconds.
Bertoni takes a roll call vote. Motion carries (5-0).
b) New: 127 Water Street—Replace water containment tanks with 3 new tanks—Jubilee Yacht
Club
Spidaliere reads the legal notice. Frank Bodengraven, member of the Jubilee Yacht Club, is present to
describe the project. Bodengraven explains that the Jubilee Yacht Club has a 16 year old water
containment tank on site that is nearing end of life and that they are proposing to replace this tank with
three new polyethylene tanks. The tanks will be used to store non-hazardous wastewater generated by
a pressure washing system used to remove marine growth from boat hulls. The tanks are proposed to
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be placed in a new impermeable spill containment structure measuring 16'x6'xl' in compliance with
MassDEP regulations. The tanks and containment structure are to be covered by an existing roof.
Bertoni asks whether the existing roof will be altered at all and if there will be any additional
impervious surface added as part of this project. Bodengraven confirms that the roof will have to be
expanded by roughly 1-foot to ensure it covers the entire containment structure and that this small
expansion will be the only increase in impervious surface on site.
Buchsbaum asks when pressure washing of boat hulls occurs, and Bodengraven states that this is
typically done in September and October of each year. Buchsbaum asks about the removal of
wastewater from the tanks and Bodengraven states that they will be hiring a company to safely remove
the wastewater on a regular basis.
Redmond: Motion to issue a Negative 3 Determination under the Wetlands Protection Act
and the Beverly Wetlands Ordinance, with conditions as discussed. Buchsbaum
seconds. Bertoni takes a roll call vote. Motion carries (5-0).
c) New: 320 Essex Street— Construct a deck—Nicole Di Donato
Spidaliere reads the legal notice. Property owners Nicole and Alfred Di Donato are present and present
the plan to remove a small porch on the back of their house and to construct a 16'x16' back deck
within the buffer zone to Bordering Vegetated Wetland(BVW). The applicants explain that the new
deck will be located approximately 65 feet from BVW, that there will be 4-5 new posts required, and
that all work will be performed using hand tools only.
Charles: Motion to issue a Negative 3 Determination under the Wetlands Protection Act
and the Beverly Wetlands Ordinance, with conditions as discussed. Buchsbaum
seconds. Bertoni takes a roll call vote. Motion carries (5-0).
7) Certificates of Compliance
a) New: 60 South Terrace, DEP File#5-1274
Bob Griffin of Griffin Engineering is present on behalf of the applicant. Griffin states that an Order of
Conditions was issued on August 9, 2019 for the construction of a building addition and elevated deck,
along with associated parking, grading, and landscape work. Griffin points out one minor deviation
from the originally approved plan, that the parking area has a gravel surface rather than an asphalt
surface. White confirms he performed a site visit with Griffin and found the site to be in conformance
with the Order of Conditions.
Redmond: Motion to issue a Complete Certificate of Compliance for 60 South Terrace,
DEP File #5-1274 under the Wetlands Protection Act and the Beverly Wetlands
Ordinance with perpetual conditions #35-39. Charles seconds. Bertoni takes a
roll call vote. Motion carries (5-0).
b) New: 60 South Terrace, DEP File#5-1318
Bob Griffin of Griffin Engineering is present on behalf of the applicant. Bob Griffin of Griffin
Engineering is present on behalf of the applicant. Griffin states that an Order of Conditions was issued
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on March 25, 2021 for the construction of a 90'x6' fixed pier, 40' ramp, and two floats, as well as
raising the seawall by 2'. Griffin states that the project was completed in substantial compliance with
the approved plan. White again confirms he performed a site visit with Griffin and agrees that the
work appeared to be in conformance with the Order of Conditions.
Buchsbaum: Motion to issue a Complete Certificate of Compliance for 60 South Terrace,
DEP File #5-1318 under the Wetlands Protection Act and the Beverly Wetlands
Ordinance with perpetual conditions 935-39 and perpetual special condition
#15. Redmond seconds. Bertoni takes a roll call vote. Motion carries (5-0).
8) Enforcement Matters/Potential Violations
a) Enforcement Orders
i) Cont.: 345 Hale Street—Brad Paul
Spidaliere relays a message from the applicant's representative, Michael DeRosa of DeRosa
Environmental. The restoration plan associated with this Enforcement Order has taken a little longer to
implement than originally expected, so they are requesting an extension for the completion of the
restoration work.
Redmond: Motion to amend the Enforcement Order with an extended restoration plan
completion date of October 23, 2024, to be presented to the Commission at
their November 6, 2024 meeting. Charles seconds. Berton takes a roll call
vote. Motion carries (5-0).
9) Old/New/Other Business
a) Expenditure Approvals
i. Massachusetts Society of Municipal Conservation Professionals (MSMCP) annual
membership dues
Redmond: Motion to approve the expenditure of$20 for the FY25 MSMCP membership.
Charles seconds. Bertoni takes a roll call vote. Motion carries (5-0).
10) Orders of conditions,if any
a) 0 Trask Lane,DEP File#5-1407—Request for Amendment to ORAD— Corcoran Trask Lane
LLC c/o Peter Mahoney
The Commission discusses their findings pertaining to this ORAD Amendment after having closed the
hearing earlier in the meeting. After further review of the revised plan dated August 14, 2024,the
Commission realizes that their site visit suggestion to move some of the wetland flags further away
from the edge of the pond was not properly shown on the revised plan (the flags appear to have
actually been moved closer to the edge of the pond). After discussion on potential next steps, the
Commission determines that it would be best to reopen the hearing and continue it to the September
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24, 2024 meeting. Miranda Siemasko of Glovsky & Glovsky is present on behalf of the applicant, and
agrees to procuring another revised plan by Hayes Engineering for the September 24, 2024 meeting.
Squibb: Motion to recess for public hearings. Redmond seconds. Bertoni takes a roll call
vote. Motion carries (5-0).
Squibb: Motion to reopen the public hearing for 0 Trask Lane, DEP File 45-1407.
Buchsbaum seconds. Bertoni takes a roll call vote. Motion carries (5-0).
Charles: Motion to continue the public hearing for 0 Trask Lane, DEP File 95-1407 to the
September 24, 2024 meeting. Redmond seconds. Bertoni takes a roll call vote.
Motion carries (5-0).
Buchsbaum: Motion to reconvene the regular meeting. Charles seconds. Bertoni takes a roll
call vote. Motion carries (5-0).
b) 18 Brimbal Avenue, Local IVW— Site drainage & landscape improvements—Kathleen
Downey
The Commission discusses the following conditions:
1. Erosion and sedimentation control devices shall be installed along the edge of the down
gradient side of the project area prior to construction as depicted on the approved site plan.
2. 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 removed and appropriately disposed of off-site.
3. Storage of construction materials shall be located on existing paved areas or outside the
resource areas.
4. The applicant shall employ a wetland scientist who has experience in constructing wetland
replication areas to supervise the construction and planting of all wetland replication areas. The
wetland professional shall oversee all activities involving preparation and construction of the
wetland replication/restoration areas, and shall be on site while the work is being performed.
5. At least 880 square feet of wetland replication shall be provided. The wetland replication area
shall be brought to final grade using organic soils and prepared for planting prior to
commencement of filling of the existing IVW. Any deviation from the plan approved in this
Order of Conditions must be made in writing and approved by the Commission before
proceeding.
6. Mitigation plantings shall exhibit 75% survivorship for not less than two growing seasons after
their installation. A complete Certificate of Compliance shall not be issued until said
survivorship is verified.
7. Not less than 3 weather resistant signs or monuments,bearing the following language
"Protected Wetland Resource Area -No Disturbance Beyond This Point Per Order of Beverly
Conservation Commission" shall be installed equidistant along the edge of the 25-Foot No
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Disturbance Zone. Said signs/monuments shall be installed such that they are not less than 2
feet and no more than 4 feet above grade to ensure that it is visible in the field.
8. The signs/monuments as described in Special Condition #7 above shall be kept in good repair
and replaced as necessary. This condition shall survive in perpetuity beyond the issuance of a
Certificate of Compliance.
9. The catch basin shall be maintained in good working condition. This condition shall survive in
perpetuity beyond the issuance of a Certificate of Compliance.
10. The driveway expansion shall be sloped toward Brimbal Avenue and a berm/curb shall be
installed along the Right-of-Way side of the driveway expansion to avoid excess water entering
the neighboring property.
11. The bottom of the fence shall have at least 4 inches of space between the bottom member of
the fence and the ground surface to allow for small wildlife movement.
12. The proposed garden shall be moved outside of the 25' No Disturb Zone.
Buchsbaum: Motion to issue an Order of Conditions for 18 Brimbal Avenue, Local IVW
including general, special, and standard perpetual conditions under the
Beverly Wetlands Ordinance as discussed. Squibb seconds. Bertoni takes a
roll call vote. Motion carries (5-0).
11) Approval of minutes
a) August 6, 2024
The Commissioners review and offer edits to the August 6, 2024 draft meeting minutes.
Buchsbaum: Motion to accept the August 6, 2024 meeting minutes as amended. Redmond
seconds. Bertoni takes a roll call vote. Motion carries (5-0).
12) Adjournment
Charles: Motion to adjourn. Redmond seconds. Bertoni takes a roll call vote. Motion
carries (5-0).
Meeting adjourns at 9:45p.m.
The next regular meeting of the Conservation Commission is scheduled for Tuesday, September
24, 2024, at 6:30 p.m.
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