6-9-20 Con Com Minutes - FINALCITY OF BEVERLY
PUBLIC MEETING MINUTES
BOARD OR COMMISSION
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Conservation Commission
None
June 9, 2020
Remotely held meeting through Google Hangouts Meet
Chair Christine Bertoni, Vice Chair Robert Buchsbaum, David
Dines, Richard Grandoni, Stephanie Herbster, William Squibb
None
Jenna Pirrotta, Environmental Planner
Sharlyne Woodbury
Chairperson Bertoni calls the meeting to order at 7:08 p.m. Bertoni reads the virtual meeting guidelines and
notes the meeting is being held in accordance with the temporary Open Meeting Law adjustments due to the
State of Emergency associated with the COVID -19 outbreak.
The Commission discusses implementing a time change and setting time limits for agenda items, in order to
have an earlier meeting end time.
Grandoni moves to change the future virtual meeting start time to 6:30 p.m. with the addition of time limits
per agenda item. Dines seconds. The motion carries 6 -0.
APPROVAL OF MINUTES
July 9, 2019
The Commission reviews the draft minutes and offers edits. Dines moves to approve the July 9, 2019
minutes as amended. Herbster seconds. Buchsbaum abstains as he was absent that meeting. The motion
carries 5 -0 -1.
March 10, 2020
The Commission reviews the draft minutes and offers edits. Buchsbaum moves to approve the March 10,
2020 minutes as amended. Squibb seconds. The motion carries 6 -0.
April 28, 2020
The Commission reviews the draft minutes. Dines moves to approve the April 28, 2020 minutes as written.
Buchsbaum seconds. The motion carries 6 -0.
RECESS FOR PUBLIC HEARINGS
Squibb moves to recess for public hearings. Buchsbaum seconds. The motion carries 6 -0.
Notices of Intent /Abbreviated Notices of Intent /Requests for Amended Orders of Conditions
Cont: 167 West Street_ DEP 95 -1290 — demolish and reconstruct a sinele- familv house with associated
appurtenances — Marc & Heather Hazel
Per a request by the applicant, Dines moves to continue the hearing to the June 30, 2020 meeting. Herbster
seconds. The motion carries 6 -0.
Cont: 181 Elliott Street, DEP #5 -1296 — flood mitigation measures — City of Beverly c/o Michael Collins
Per a request by the applicant, Squibb moves to continue the hearing to the June 30, 2020 meeting.
Buchsbaum seconds. The motion carries 6 -0.
Conservation Commission
June 9, 2020 Meeting Minutes
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New: 32 Dunham Road, DEP 45 -1300 — well and berm installation, landscaping, and debris removal —
Quinn Brothers c/o John Coughlin
.
Pirrotta reads the legal notice. Peter Ogren with Hayes Engineering is in attendance representing the
applicant. The applicant would like to perform site improvements including landscaping and installing a
Cape Cod berm along the access roadway edge. Ogren details the landscaping plans, debris removal, and
removal of invasive species. Ogren explains that there is work to be completed as part of this project that is
necessary to obtain compliance with an expired Order of Conditions (DEP File 95 -500).
The Commissioners discuss the project and agree a site visit is necessary with all the components to the
project. Buchsbaum inquires if a Certificate of Compliance is necessary for the expired Order of Conditions
at the property before proceeding with the project. Ogren states that a Certificate of Compliance had been
applied for, but work including wetland planting is necessary before a complete Certificate could be issued.
Ogren believes a new Notice of Intent would be the best for route to obtain compliance with the expired
Order and also approve the newly proposed work. The Commissioners note concern with a large number of
tree removal and lack of mitigation. Ogren states that the irrigation well does not require any permits from
the Board of Health since the water is not for consumption. Coughlin spoke to reflagging the buffer zones
near the wetland area. Commissioners schedule a site visit for June 14, 2020 at 8 a.m. There are no
comments from the public.
Grandoni moves to continue the hearing to the June 30, 2020 meeting. Squibb seconds. The motion carries 6-
RECONVENE REGULAR MEETING
Buchsbaum moves to reconvene regular meeting. Herbster seconds. The motion carries 6 -0.
REOUESTS FOR DETERMINATION OF APPLICABILITY
New: 400 Hale Street — remove and replace existine walkways_ landscaoine_ and bench — Endicott College
Pirrotta reads the legal notice. Chris Broyles from Meridian Associates is in attendance representing Endicott
College. Broyles details the proposed removal of an existing bituminous walkway and replacement with a
paver walkway in a similar footprint adjacent to Endicott Lake. The replaced walkway would consist of
pavers in matching with other existing walkways. The pavers will be more pervious that the existing
pavement and the replaced walkways will be slightly wider than existing, to accommodate more foot traffic.
Commissioners comment on project details regarding trees, materials, and the path width. Buchsbaum speaks
to adding a condition on survival of the red maple. Broyles indicated that all project materials will be similar
to ones used in past projects on the property and there will be proper debris disposal. Bertoni inquires about
the material specifications focusing on removal of the existing asphalt and the sub -base material
composition. Broyles notes that they do not anticipate needing a full gravel sub -base. Bertoni outlines the
conditions for the project.
There being no further questions or comments, Herbster moves to issue a Negative 3 Determination under
the state Wetlands Protection Act and Beverly Wetlands Ordinance, with the conditions as discussed. Squibb
seconds. The motion carries 6 -0.
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Conservation Commission
June 9, 2020 Meeting Minutes
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New: 400 Hale Street — construct a 6 -foot wide concrete sidewalk — Endicott College
Pirrotta reads the legal notice. Chris Broyles from Meridian Associates represents Endicott College. This
project is on Endicott Drive next to the Callahan Center. The applicant seeks to construct a 6 -foot wide
sidewalk connecting to another walkway leading to the science center. Bertoni questions if blasting will take
place. Broyles indicated the ledge will be removed by machinery, and not by blasting due to ground materials
and the ledge location. The ledge will be hammered out and chiseled. Bertoni states if blasting becomes
necessary the applicant must return to the Commission for review. Bertoni outlines the conditions under the
determination.
There being no further questions or comments, Herbster moves to issue a Negative 3 Determination under
the state Wetlands Protection Act and Beverly Wetlands Ordinance, with conditions as discussed. Dines
seconds. The motion carries 6 -0.
New: 61 Cross Lane — replace an existing deck — Kenneth & Margaret Hartman
Pirrotta reads the legal notice. Ken and Margaret Hartman provide a brief history of the home since they
purchased in in 1993. They are replacing an existing deck off of the back of the house that is within the
buffer zone and Riverfront Area. Mr. Hartman details the project including the soil impact for digging six
12" diameter footings as required by the building code. Discussion ensues noting the overall deck size is
narrower and the overhang is within code. Hartman informs the Commission that the new concrete pad is
further from the wetlands than the existing landing and that the deck will not be covered. Commissioners
discuss the project, noting that they are not comfortable approving blanket trimming as there is no specific
plan for that portion of the proposed work. The applicant would need to contact the Commission for future
tree removal or related work. They also discuss the proposed native ground cover plantings. Mr. Hartman
informs the Commission they are indecisive with options and are open to suggestions. Commissioners would
welcome a planting plan or list. Mr. Hartman seeks advice on determining the characteristics that constitute a
hazardous tree. He will contact Pirrotta with any questions on the hazardous tree removal protocol. Bertoni
discusses the conditions affirming only deck work is covered under this determination and not any tree
removal.
There being no further questions or comments, Dines moves to issue a Negative 2 and 3 Determination under
the state Wetlands Protection Act and Beverly Wetlands Ordinance, with the conditions discussed.
Buchsbaum seconds. The motion carries 6 -0.
New: 26 Meadow Road — install above ground — Richard Thomas
Pirrotta reads the legal notice. Richard Thomas describes the proposed work including the installation of a
24 -foot round pool with a 6 -foot by 6 -foot deck next to the pool. He outlines project details informing the
Commission the contractor will use a standard bobcat for digging, debris removal, and construction.
Commissioners consider whether the RDA covers only the pool or the pool and the deck. Mr. Thomas
informs the Commission a small deck is proposed to connect to the existing deck and into the pool. Pirrotta
reviews the submitted documents included in the application with Commissioners. Buchsbaum notes the
deck project is short on description. The applicant will need to provide additional information on the
construction of the deck and hold a preconstruction meeting prior to building the deck. Bertoni outlines a
condition on prohibiting pool water discharge near the wetland.
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Conservation Commission
June 9, 2020 Meeting Minutes
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There being no further questions or comments, Dines moves to issue a Negative 3 Determination under the
state Wetlands Protection Act and Beverly Wetlands Ordinance, with the conditions as discussed.
Buchsbaum seconds. The motion carries 6 -0.
REOUESTS FOR CERTIFICATES OF COMPLIANCE
Cont 35 Standley Street, DEP 45 -704 — improve driveway and student drop- off /pick -up areas, add parking
lot, relocate tennis court — Waring School
Deb Colbert, of Hancock Associates represents the client and describes the request for a Certificate of
Compliance for work at the Waring School. Colbert brings the Commission up to date on the work that was
completed under the old Order of Conditions and "friendly" enforcement order that allowed some work to
occur to ensure the project was in compliance with the expired Order. The Order was issued in 2000 and
Waring School is working to close out old Orders, due to a recent Notice of Intent filed for work elsewhere
on the property. The previously existing tennis court was intended to be relocated, but was never rebuilt.
Hancock Associates designed an infiltration trench at the edge of the gravel parking area to handle the
runoff. The redesign was previously approved by the Commission, installed, and completed. Per Pirrotta, a
site inspection was held on June 8, 2020 and the site was stable and in accordance with the plans.
There being no further questions or comments, Buchsbaum moves to issue a Complete Certificate of
Compliance with the perpetual conditions as discussed. Grandoni seconds. The motion carries 6 -0.
Cont 9 Kinsman Street, DEP #5 -1222 — construct a single- family residence with associated driveway,
utilities, and landscaping — MPM Companies, LLC
The applicant asked that the request be withdrawn, as there are still outstanding issues that remain needing to
be addressed. The Commission notes the request is withdrawn and Pirrotta informs the Commission that the
Order is still active.
Cont: 32 Dunham Road. DEP 95 -500 — build addition and narkine area — Essex Countv NewsDaUers- Inc.
Per a request by the applicant, Dines moves to continue the request to the June 30, 2020 meeting. Herbster
seconds. The motion carries 6 -0.
Cont: 21 Riverview Street, DEP #5 -1012 — construct dock, pier, garage, patio, landscape improvements —
Charles Mann
Charles Mann describes the completed project noting the garage, patio, and landscaping were completed per
the approved plans. The Commissioners inquire about impervious materials on site. Mann removed
impervious areas and installed semi - pervious pavers. Commissioners and the applicant further discuss the
landscaping plans and tree removal. Pirrotta confirms everything appeared constructed as proposed and that
the site is stable. Mann confirms the whole site in within the resource. Commissioners agree the site looks
good and discuss perpetual conditions.
There being no further questions or comments, Buchsbaum moves to issue a complete Certificate of
Compliance with the perpetual conditions as discussed. Dines seconds. The motion carries 6 -0.
New: 289 Hale Street. DEP 95 -1268 — reroute roof runoff discharae — Endicott Colleae
Chris Broyles of Meridian Associates represents the applicant. Broyles explains the project noting the
completed work was in substantial compliance with the approved plans, except they did not replace cooling
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Conservation Commission
June 9, 2020 Meeting Minutes
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tower. There is no immediate plan to replace the cooling tower and Endicott will return to the Commission
for approval at the time it is necessary to replace it. Broyles outlines the work completed on the drainage
outlet. Broyles noted the name of the building had changed since the permit was issued and it is no longer
called the Van Loan School. Commissioners discuss the area with Broyles noting the stability of the slope
despite the storms of the past year. The area was monitored and no issues were observed.
There being no further questions or comments, Dines moves to issue a complete Certificate of Compliance
noting that the cooling tower was not complete, with the perpetual conditions as discussed. Buchsbaum
seconds. The motion carries 6 -0.
New: 179 West Street, DEP 9 5 -476— construct building additions — Gerhard Schulmeyer
Eric Swanson of Hancock associates represents the applicant. Swanson informs the Commission that the
request for Certificate of Compliance was a requirement of a recent Order of Conditions for demolition work
at the property. The Order governed the construction of building additions on the site, but the Order was
never recorded at the Registry of Deeds. Swanson notes that the applicant is in compliance with the Order
with no deviations. Pirrotta performed site inspection on June 8, 2020 and noted the project appeared
constructed as approved. There were no perpetual conditions listed in the Order.
There being no further questions or comments, Dines moves to issue a Complete Certificate of Compliance.
Squibb seconds. The motion carries 6 -0.
OLD /NEW /OTHER BUSINESS
Enforcement Orders
Cont 10 Tall Tree Drive
This item was previously continued to the June 30, 2020 meeting and there is no action for the Commission
to take.
Cont: 82 River Street
The property owner or consultant were not present at the meeting. Mann represents the Open Space and
Recreation Committee (OSRC) and discusses the opportunity to implement a public access easement at the
site since work is proposed to mitigate for unauthorized work. A letter was submitted by the OSRC to the
Commission noting the opportunity to create a public access easement with benches to improve public access
to the waterfront. This area along the Bass River was previously noted in the City Master Plan as a focus for
public access. The Commission discusses the possibility of an easement and its impact on the current owner.
The Commission suggests entering into a discussion with the consultant and owner. Pirrotta shared the
OSRC letter to the consultant and owner. The consultant noted that the owner's representatives were
considering the idea. It is suggested the easement could be part of the restoration plan or part of a mitigation
proposal. The Commission will further review requirements of the Chapter 91 license. Herbster notes that the
silt fence is in need of attention.
Cont: 112 Valley Street
Pirrotta provides update on the Enforcement Order for the property. The Commission received an updated
plan with information as requested by the Commission. The property owner was not present at the meeting.
The property owner's proposal removes the middle bridge, establishes a 10 -foot no mow zone around the
resource area, and retains the southern bridge. The shed would be relocated outside the 25 -Foot No
Disturbance Zone. Squibb noted the debris under the bridge should be removed. Bertoni mentioned that can
be part of the conditions when issuing a new order of enforcement.
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Conservation Commission
June 9, 2020 Meeting Minutes
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Dines moves to update the enforcement order to implement the restoration plan with the conditions as
discussed. Squibb seconds. The motion carries 6 -0.
New: 7 Meetine Place Circle
Kristen Paddock, property owner, details the planting plan provided as required by the Enforcement Order
voted on at the Commission's May 19, 2020 meeting. The main tree would be the 10 to 12 -foot red maple
tree, with a variety of understory plants including swamp azalea, cinnamon ferns, as well as eastern white
pine saplings. Commissioners review and agree with the plan. Paddock confirms there will be no mulch used
around the plantings. The Commission asks about the timing to complete the work and discusses setting an
implementation date to have the plantings in place no later than August 31, 2020.
Buchsbaum moves to issue an updated Enforcement Order to implement the restoration plan, with the
conditions as discussed. Dines seconds. The motion carries 6 -0.
New: 22 Hobart Avenue
Len Femino representing home owner Joe Grein details past reconstruction work on the house. The existing
house was rebuilt around 2007, however there are no records with DEP or the Conservation Commission that
approval was granted for this work. Femino states that the homeowner recalls that there were hay bales in
place in front of the resource area when the work was occurring. The project originally went before the
Zoning Board, but no special permit was needed. A building permit was issued for the work and the
homeowner believed that the work was in compliance with what was needed. Femino submitted a memo to
the Commission regarding potential missing files and noting a statute of limitations for which the
Commission could issue a violation.
Buchsbaum requested more explanation on the statute of limitations. Per Femino, when there is no notice of
violation, the Commission has two years for procedural follow up on compliance, and believes the current
issue is arising due to encroachment of the property onto the neighboring property. The Commission
discusses the potential unapproved work that was completed, plus the neighbor disputes, and potential
dumping in the resource. The Commission determines follow up is necessary to determine if the architect has
any record of plans or permits issued for the project. The Commission also would like the City Solicitor to
review the statute of limitations issue and return back to them. Femino mentions the neighborly dispute and
requests it not be part of any conditions and that it is out of the Commission's purview. Dines notes that there
was concerns with trash and fill in the resource and that those issues are within the Commission's
jurisdiction.
Grein inquires if he may continue working conducting minor repairs on the existing structure in order to
ready the home for sale. There are some minor exterior maintenance needs, such as siding repair and
maintenance that Grein asks whether he needs permission in advance to complete. Commissioners agree that
this is normal maintenance that does not require a permit.
Squibb moves to ratify the Enforcement Order with the condition the City Solicitor review the statute of
limitations and procedural purview of the Commission. Dines seconds. The motion carries 6 -0.
Tree Removal Requests
There are none to review.
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Conservation Commission
June 9, 2020 Meeting Minutes
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Minor Project Permits, If Any
5 Pilgrim Heights — A minor project permit was issued for installation of a paver pad outside the No
Disturbance Zone and No Build Zone. The Commission reported no objections.
3 Longham Road — A minor project permit was issued for the digging of test pits in advance of septic system
plan development. The work is located outside of the 50 -Foot No Build Zone. The Commission reported no
objections.
3 Chubbs Brook Lane — A minor project permit was issued for temporary one year approval of installation of
an inflatable above ground pool. The Commission reported no objections, but noted that pool water should
not be directed toward the wetland when it is drained.
Cont: Waring School soccer field encroachment
There are no updates to report.
Cont Beverly Airport — update on Vegetation Management Program — Airport Solutions Group
There are no updates to report.
Other: Discussion or Action Items Related to Commission Business, Correspondence, etc. Received /Issued
After Publication of Agenda, If Any
Commissioners discuss submitting a letter to the Mayor requesting appointment of another member to fill out
the seven - member roster.
The Commission discusses having associate Commissioners joining. Bertoni suggests the need to review the
Ordinance to review any language relative to associate Commissioners. Commissioners would like to
encourage more volunteerism and participation.
Commissioners next discuss drafting a letter in support of the City's grant application for a vulnerability
study for the Water Street pump station. Commissioners agree that the study is important and are supportive
of the grant, but also note that they would like to see something completed, instead of more studies.
Buchsbaum moves to issue the letter of support. Squibb seconds. The motion carries 6 -0.
Expenditure Approvals, If Any
Pirrotta reports she accumulated 157.4 miles for the months of March, April, and May 2020 while carrying
out Conservation Commission business ($0.45 x 157.4 miles = $70.97).
Dines moves to approve mileage expenses for Pirrotta. Herbster seconds. The motion carries 6 -0.
ADJOURNMENT
Dines moves to adjourn the meeting. Squibb seconds. The motion carries 6 -0. The meeting is adjourned at
10:25 p.m.
The next regular meeting of the Conservation Commission will be Tuesday, June 30, 2020 at 6:30 p.m.
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