7-28-20 Con Com Minutes - FINALConservation Commission
July 28, 2020 Meeting Minutes
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CITY OF BEVERLY
PUBLIC MEETING MINUTES
BOARD OR COMMISSION: Conservation Commission
SUBCOMMITTEE: None
DATE: July 28, 2020
LOCATION: Remotely held meeting through Google Hangouts Meet
MEMBERS PRESENT: Chair Christine Bertoni, Vice Chair Robert Buchsbaum,
Stephanie Herbster, William Squibb, Richard Grandoni,
MEMBERS ABSENT: David Dines
STAFF PRESENT: Jenna Pirrotta, Environmental Planner
OTHERS PRESENT:
RECORDER: Sharlyne Woodbury
Chairperson Bertoni calls the meeting to order at 6:30 p.m. Bertoni reads the virtual meeting guidelines and
notice 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
June 9, 2020
The Commission reviews the draft minutes and offers edits. Buchsbaum moves to approve the June 9, 2020
minutes as amended. Herbster seconds. The motion carries 5-0.
June 30, 2020
The Commission reviews the draft minutes. Buchsbaum moves to approve the June 30, 2020 minutes as
written. Squibb seconds. The motion carries 5-0.
RECESS FOR PUBLIC HEARINGS
Squibb moves to recess for public hearings. Buchsbaum seconds. The motion carries 5-0.
Notices of Intent/Abbreviated Notices of Intent/Requests for Amended Orders of Conditions
Cont: 181 Elliott Street, DEP #5-1296 flood mitigation measures City of Beverly c/o Michael Collins
Adam Zysk from Dewbury Engineers represents the applicant. Zysk recounts that the hearing was previously
continued so that additional information could be provided. Zysk confirms there will be no dredging and the
project team is awaiting comments from the Army Corp of Engineers on the tide gate Operations and
Maintenance Plan before finalizing. The Commission and Zysk review the operation of the catch basins and
tide gates as well as structural details focusing on impacts of flooding that occurs during high tides. Abutters
express concerns with potential flooding and that the plan is not designed to mitigate 100-year storm issues.
Abutter Bill Davis was present during the site walk and inquires about the differences between the 10 year
and 100-year storm events. Zysk addresses the question and reviews the city history. They review the
existing culvert, tide gates, and pond overflow. Bertoni asks Zysk to present the alternatives that were
analyzed. Zysk explains the nuances of the analysis comparing 10 to 100-year storm events and the volume
of water flowing from throughout the watershed into the ponds. Squibb seeks clarification with dredging and
debris filtering into the Bass River. Zysk confirms there will only be minor work near the area of the existing
culvert at Bass River.
There being no further questions or comments, Squibb moves to close the hearing. Grandoni seconds. The
motion carries 5-0.
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Cont: 50 Dunham Road, DEP #5-1303 construction of a new commercial building and parking area
Dunham Ridge, LLC
Per a request by the applicant, Herbster moves to continue the hearing to the August 19, 2020 meeting.
Squibb seconds. The motion carries 5-0.
Cont: 90 Bridge Street, DEP #5-1305 rehabilitation of an existing house, garage reconstruction, and
associated site work GSC Management LLC c/o Saverio Fulciniti
The property owner, Saverio Fulciniti, introduces himself as his representative George Zambouras was not
present at the meeting. This is a continuation from the previous meeting on June 30, 2020, as the
Commission was awaiting a DEP File number and requested information on the tree to be removed. The
Commission received the supplemental information from Zambouras regarding the type and condition of the
tree. The plan was updated to include the planting of a red maple tree and noted the removal of the existing
silver maple tree and all other items remain the same. Squibb questions the condition of the tree. Fulciniti
explains the tree is proposed for removal due to concerns raised by an abutter over potential damage to his
property and structure. Bertoni inquires about stump grinding in order to plant the new red maple. There
were no comments from abutters or the public.
There being no further questions or comments, Herbster moves to close the hearing. Buchsbaum seconds.
The motion carries 5-0.
Cont: 5 Leather Lane, DEP File # 5-1301 construct a building addition, garage, and associated
appurtenances Nicholas & Jennifer Lamson
Michael DeRosa of DeRosa Environmental is in attendance representing the applicant. This is a continuation
from the previous meeting and DeRosa recaps the site walk which was helpful to observe site conditions, and
notes that a DEP file number has now been issued. DeRosa requests that an Order of Conditions be issued for
the plan as presented. Squibb inquires about grading next to the garage and asks how many cubic yards of fill
would be brought in. Per DeRosa, there is an estimated 300 cubic feet of fill. John Morin of Morin and
Cameron Group s question regarding the garage grade. There were no comments
from abutters or members of the public.
There being no further questions or comments, Grandoni moves to close the hearing. Herbster seconds. The
motion carries 5-0.
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
DeRosa of DeRosa Environmental represents the applicant. He presents a brief update that they are
are consulting with another company regarding seawall and wave reflection concerns. A Chapter 91 License
would also be required for the work on the seawall. Bertoni agrees that more information will be needed
regarding wave reflection and refers to the Massachusetts Coastal Zone Management protocol.
Squibb moves to continue the hearing to the August 19, 2020 meeting. Herbster seconds. The motion carries
5-0.
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Cont: 16 Fosters Point, DEP #5-1304 construction of a garage addition and associated appurtenances
Julie Tsakirgis
David Cowell and Kristan Farr of Hancock Associates represents the applicant. The proposed work is for the
addition of a garage, paved driveway, and deck improvements at an existing single-family home on the
Danvers River. Architectural plans were submitted showing the final design concept. Cowell recaps that the
Commission held a site walk and notes that the plan provides updates on the location of Land Subject to
Coastal Flooding and the inclusion of pervious pavers. Grandoni questions fresh water intrusion onto the
property. Members and Cowell discuss the presence of what looks to be a swale in the marsh area reviewing
stormwater discharge. Members further review the garage architecture plans with Hancock representatives
and the owner. Per the design, the existing front entryway would be removed, but it is unclear if the existing
walkway would stay. Cowell seeks clarification from the owner if the walkway will be returned to
lawn. There were no comments from abutters or members of the public.
There being no further questions or comments, Buchsbaum moves to close the hearing. Grandoni seconds.
The motion carries 5-0.
New: 46 LP Henderson Road, DEP #5-1306 remove and replace an existing perimeter fence Beverly
Regional Airport Commission c/o Gloria Bouillon
Pirrotta reads the legal notice. Dan Nitzsche of GZA Environmental represents the applicant. The applicant
seeks to remove and replace an existing chain-link perimeter fence at the southern border of the Beverly
Airport. Part of the fence encroaches into the 100-Foot Buffer Zone and the wetland itself. Nitzsche reviews
the plan design, describing the need to replace the fence according to FAA regulations, with the goal to move
the fence outside the wetlands where possible. A mowed corridor is required on either side of the fence in
order to provide fence maintenance per FAA guidelines. Craig Schuster of Airport Solutions Group
addresses wildlife concerns per questions from the Commissioners. Herbster inquires if they looked at
alternatives to shift the fence out of the wetlands and still accomplish their goals. Per Schuster they are
limited by FAA guidelines and requirements on the locations but will move the fence out where possible.
Bertoni would like to know the number of posts replaced, documentation on the number of animal/airplane
strikes, would like to see closure on a number of outstanding Orders of Conditions, would like as update on
unpermitted removal of vegetation, would like to know about any non-certified vernal pools in area, and a
description of the difference between a wildlife hazard study and habitat study. Commissioners schedule a
site visit for Saturday August 8, 2020 at 8 am.
Squibb moves to continue the hearing to the August 19, 2020 meeting. Buchsbaum seconds. The motion
carries 5-0.
New: 248 Dodge Street/3 Longham Road, (No DEP file # as of posting) repair a subsurface sewage
disposal system Timothy McCarthy
Pirrotta reads the legal notice. Deb Colbert of Hancock Associates represents the applicant. Colbert describes
the proposed project and outlines the site challenges for location of the replaced septic. The existing septic
system is located in the back of the house. There are beaver dams and wetland resources in the rear yard that
could be compromised if the system remains in the existing location. Colbert reviews the alternatives
considered prior to submission of the current plans. All options would have encroachments onto
wetlands/buffers. The current design option relocates the septic system to the front right corner of the home,
and is permissible under Title V requirements. The home would need the plumbing redirected to the new
system. Colbert confirms the Board of Health issued approval on June 30, 2020. Colbert notes this was not
an easy design with three iterations. Bertoni inquires about compensatory flood storage. Squibb inquires to
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the flow of the Longham Reservoir in relation to the property and septic tank. Commissioners schedule a site
walk visit for Saturday, August 8, 2020 at 7:15 am.
Buchsbaum moves to continue the hearing to the August 19, 2020 meeting. Grandoni seconds. The motion
carries 5-0.
RECONVENE REGULAR MEETING
Squibb moves to reconvene the regular meeting. Herbster seconds. The motion carries 5-0.
REQUESTS FOR DETERMINATION OF APPLICABILITY
Cont: 4 Jacobs Avenue deck installation Michael Broderick
Michael Broderick introduces himself and recaps the proposed project which includes building a deck facing
the Danvers River waterfront, and describes the existing riprap slope and location of an existing fence at the
top of the slope near the edge of the lawn. Commissioners discuss that mitigation planting is not necessary
and Bertoni reviews the conditions discussed including proper debris removal and disposal and that
construction access shall be from the street/driveway.
There being no further questions or comments, Buchsbaum moves to issue a Negative 2 and 3 Determination
with the conditions as discussed, in accordance with the MA Wetlands Protection Act and Beverly Wetlands
Ordinance. Squibb seconds. The motion carries 5-0.
New: 36 & 38 Dunham Road repave access drive and parking area Dunham Castle Condominium Trust
Pirrotta reads the legal notice. Elizabeth Wallis of Hayes Engineering represents the applicant. This is a new
request to repave an existing access drive and parking area, as it is in disrepair. Wallis describes the area
including nearby wetlands and buffer zones. The applicant plans to mill the existing pavement down to the
gravel base and replace about 3.5 inches of new pavement. The repaving will stay within the limits of the
existing footprint and erosion controls would be placed along the edge of the work. Buchsbaum inquires to
the paving that will be closest to the resource areas. Wallis clarifies that portions of work are within 100
linear feet from the wetlands. Squibb notes he visited the site and questioned the location of the access road
and right of way. Bertoni clarifies that the submitted plans indicate presence of a 100-Foot Buffer Zone,
when the area around the Vernal Pool is actually a 100-Foot No Disturbance Zone, and requests that a
revised plan be submitted for the file. Bertoni suggests adding signage in the parking lot so the public is
informed of the presence of a valuable and protected wetland area. Bertoni reads the proposed conditions
including no expansion to the existing footprint in jurisdictional areas; no machinery parked or stored in the
No Disturbance Zones; installation of 1-2 signs regarding the vernal pool; use of proper erosion controls;
proper removal of all debris and excess materials; and having a spill kit located onsite. Squibb questioned the
presence of an additional parking lot which seemed to be shown on aerial photos and whether it would be
repaved also; Nathan Kennison of EP Management confirms that it is an old athletic court and that it will not
be paved.
There being no further questions or comments, Buchsbaum 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 5-0.
OLD/NEW/OTHER BUSINESS
Enforcement Orders
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Cont: 10 Tall Tree Drive
Per Pirrotta, the Commission is waiting for an updated restoration plan which is expected to be presented at
the August 19, 2020 meeting. Kate Martens, property owner, discusses next steps with Pirrotta.
New: 22 Hobart Avenue
Len Femino of Alexander & Femino represents the property owner Joseph Grein. Pirrotta reviews for the
Commission the issue regarding statute of limitations. Currently there is no formal opinion issued from the
City Solicitor regarding a statute of limitations. Per discussion with the assistant Solicitor, since the work
was completed almost 15 years ago, it is possible the statute of limitations would apply in this case. Pirrotta
reviews what is in the purview of the Commission regarding continued stormwater concerns on the property
related to Astroturf and pavers, which also have no record of Conservation Commission approval. Bertoni
asks Mr. Grein if he will remove the turf, citing concerns with water runoff. Mr. Grein replied the turf will
not be replaced. Bertoni asks about the installation methods of the turf. Mr. Grein informs the Commission
the abutting neighbors removed portions of the turf that encroached on their property, and that the layers
were exposed and could be observed. Grein explained the reason for the turf's installation was for his
spousedaycare, so that children could play outside in all weather conditions. Bertoni suggests filing an
application to correct the unpermitted work. Commissioners agree that work on this property should be
documented going forward. Len Femino seeks a status update on the Enforcement Orders. Pirrotta clarifies
that it appears that the items in the Enforcement Order had been met and there appear to be no documentation
in Conservation files of past work, and the property owner has no documentation to produce. The
Commission would like the owner to file an RDA for the Astroturf area so that this work is documented.
Potential Violations
24 Paine Avenue, Alvaro Nunes
Bertoni recaps the potential violation letter and notes that Mr. Nunes invites the Commission to review the
property. The Commission schedules a site visit for Saturday August 8, 2020 at 9 a.m.
Tree Removal Requests
There are no tree removal requests for review.
Minor Project Permits, If Any
9 Marsh Avenue
Pirrotta reports she issued a Minor Project Permit for work to construct a roof deck on top of an existing
house within the outer 200-Foot Riverfront Area. Work is within the footprint of the existing house. The
Commission reported no objections.
460 Essex Street
Pirrotta reports she issued a Minor Project Permit for work to replace an existing exterior staircase within the
outer 200-Foot Riverfront Area. The perennial stream is across the street from the work. The Commission
reported no objections.
254 Lothrop Street
Pirrotta reports she issued a Minor Project Permit for work to install a covered overhang/roof over an
existing front entryway within 100-Foot Buffer to Bank of Intermittent Stream. The resource area is located
across the street from the work. The Commission reported no objections.
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Cont: Waring School soccer field encroachment
There are no updates to report.
Cont: Beverly Airport update on Vegetation Management Program Airport Solutions Group
Per Pirrotta there should be a revised yearly operating plan issued around this time. The Commission will
follow up with the Airport staff about the operating plan in addition to the other outstanding issues at the
site.
Other: Discussion or Action Items Related to Commission Business, Correspondence, etc. Received/Issued
After Publication of Agenda
There are no other items for discussion.
Expenditure Approvals
The Commission received an invoice for membership renewal for Massachusetts Society of Municipal
Conservation Professionals (MSMCP) FY21. Buchsbaum moves to renew the $20 MSMCP FY21
membership. Herbster seconds. The motion carries 5-0.
ORDER OF CONDITIONS
181 Elliot Street - DEP #5-1296
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. escribed in the
NOI application. Any sandbags shall be secured and any pumped out water shall be treated by a
temporary water treatment system. Work in these areas shall be halted at the onset of rainfall to
further limit the potential for erosion or sediment transport.
2. The new catch basin shall utilize a deep sump and a water/oil separator shall be installed prior to the
outlet to the pond, as described in the NOI.
3. Any shrubs or herbaceous vegetation removed as a result of the work shall be replaced in kind or
seeded with native seed mix.
4. Any dewatering shall be treated by passing through a filter bag prior to entering receiving waters or
land.
5. During headwall replacement, measures shall be implemented to minimize concrete and debris from
entering the waterway. Any debris or extraneous concrete shall be immediately removed offsite.
Fallen stones at the outfall shall be reset and existing debris removed from the culvert to the extent
possible.
6. ed to, and all maintenance and
inspection reports per the Stormwater Operation and Maintenance Plans shall be submitted to the
Conservation Agent on an annual basis no later than December 31st of each year. This condition
shall run in perpetuity beyond the issuance of a Certificate of Compliance.
7. Monitoring shall be conducted on how often the tide gate is closed and opened, and reported to the
Commission on an annual basis. This condition shall run in perpetuity.
8. shall be forwarded to the Commission, once available.
The plan shall be reassessed and resubmitted if an extension to this Order of Conditions is requested.
9. The operation and maintenance plan for the tide gate shall be adhered to. The tide gate shall be
maintained in a functioning capacity and this condition shall run in perpetuity.
10. The results of the mean high tide level assessments shall be sent to the Commission, once completed,
at a minimum of once every ten years. This condition shall run in perpetuity.
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11. A Certificate of Compliance shall be requested within one year of completion of the work under this
Order of Conditions.
Buchsbaum 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. Squibb
seconds. The motion carries 5-0.
90 Bridge Street - DEP #5-1305
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. All demolished materials, excess soils, asphalt, and debris shall be removed and properly disposed of
offsite.
2. The perimeter fence shall be constructed so as not to be a barrier to wildlife movement; there shall be
a 4-inch gap at the bottom.
3. The patio and walkway areas shall be constructed so that they are pervious.
4. The replacement red maple tree shall maintain a 100% success criteria for two growing seasons after
it is planted. The Commission shall not issue a certificate of compliance until this is documented.
5. Contact the Conservation Administrator if grinding of the stump is required after the existing silver
maple tree is cut.
Buchsbaum moves to issue the Order of Conditions under the Wetlands Protection Act and Beverly Wetlands
Ordinance, with the conditions, as discussed. Squibb seconds. The motion carries 5-0.
5 Leather Lane - DEP #5-1301
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. The tree plantings shall exhibit 100% survivorship and the shrubs and herbaceous restoration
plantings shall exhibit 75% survivorship after 2 growing seasons post- installation. The Commission
may withhold the issuance of a complete Certificate of Compliance until survivorship can be
verified.
2. As described in the NOI application, a final report summarizing the observation of the plantings over
the survivorship period shall be submitted by the time of the request for Certificate of Compliance.
3. There shall be no mulching or mowing in the mitigation planting area and the area shall be allowed
to naturalize. This condition shall be on going beyond the issuance of a Certificate of Compliance.
4. All demolished materials, excavated soils, or other related debris shall be removed and appropriately
disposed of off-site.
5. Four weather resistant signs or monuments, bearing the following language on their upland side
ed Wetland Resource Area - No Disturbance Beyond This Point Per Order of Beverly
-Foot No 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.
6. The markers as described in Special Condition #5 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.
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7. Erosion controls shall be installed down-gradient of the proposed work, as shown on the plan, and
shall serve as the limit of work. An erosion control blanket shall be used to stabilize the regraded
slope as described in the NOI application.
8. Clean crushed stone shall be placed beneath the deck.
Buchsbaum moves to issue the Order of Conditions under the Wetlands Protection Act and Beverly Wetlands
Ordinance, with the special conditions, as discussed. Grandoni seconds. The motion carries 5-0.
16 Fosters Point - DEP #5-1304
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. The applicant shall file a request for a partial Certificate of Compliance for work under DEP File #5-
819 prior to this Order of Conditions being valid.
2. Excess sediments and debris shall be removed and disposed of at an appropriate off site facility.
3. The erosion controls shall be installed along the 25-Foot buffer and serve as the limit of work.
4. The new driveway shall consist of permeable/pervious materials, as noted on the plan.
5. An updated copy of the plan shall be submitted for the file prior to construction, as discussed at the
July 28, 2020 meeting relative to the front steps and wooden landing.
6. A silt sac shall be installed in the catch basin at the front of the house for the duration of
construction.
Squibb moves to issue the Order of Conditions under the Wetlands Protection Act and Beverly Wetlands
Ordinance, with the conditions as discussed. Grandoni seconds. The motion carries 5-0.
ADJOURNMENT
Buchsbaum moves to adjourn the meeting at 9:46 pm. Herbster seconds. The motion carries 5-0.
The next regular meeting of the Conservation Commission will be Wednesday, August 19, 2020.
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