Con Com Minutes 1_26_2021 - finalBeverly Conservation Commission
January 26, 2021 Meeting Minutes
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CITY OF BEVERLY
PUBLIC MEETING MINUTES
BOARD OR COMMISSION: Beverly Conservation Commission
SUBCOMMITTEE:
DATE: January 26, 2021
LOCATION: Remotely held meeting through Google Hangouts Meet
MEMBERS PRESENT: Chair Christine Bertoni, Vice Chair Robert Buchsbaum,
Rick Grandoni, Stephanie Herbster, David Dines,
David Alden -St. Pierre, William Squibb
MEMBERS ABSENT:
OTHERS PRESENT: Environmental Planner Jenna Pirrotta
RECORDER: Sarah Scott - Nelson
Bertoni calls the meeting to order at 7:02 p.m. Bertoni reads the virtual meeting guidelines,
confirms Council and Staff attendance, 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. Squibb is not yet present at the meeting.
Recess for Public Hearings
Grandoni moves to recess for public hearings. Seconded by Buchsbaum. The motion carries 6 -0.
Notices of Intent /Abbreviated Notices of Intent/Reguests for Amended Orders of
Conditions
Cont.: 91 Lothrop Street, DEP File 95 -1313 — construct an in-ground pool with patio and pool
house, landscaping, and associated apurtenances — Daniel & Daniella Mammola
Pirrotta reports that the applicant requested to continue the hearing to the February 23, 2021
meeting, in order to have more time to complete the revised plans. Herbster moves to continue to
the February 23, 2021 meeting. Seconded by Grandoni. The motion carries 6 -0.
Cont.: 38 Standley Street, DEP File #5 -1315 — review and affirm the extent of wetland resource
areas delineated — Wariniz School Inc. c/o Tim Bakland
Bob Griffin of Griffin Engineering, representing the applicant, has difficulty with audio and
defers to Mary Rimmer of Rimmer Environmental consulting. Rimmer, wetland scientist, recaps
the Commission's site visit on January 9, 2021 and provides an overview of the delineated
wetland resource areas. There were no comments from members of the public. Berton asks
about which resource areas would they like confirmed. Rimmer clarifies that it is the Bordering
Vegetated Wetland from flags Al -A18 which connect to A78 and Mean Annual High Water line
from flags B1 -B23.
Grandoni moves to close the hearing. Seconded by Alden- St. Pierre. The motion carries 6 -0.
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January 26, 2021 Meeting Minutes
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Cont.: 134 McKay Street, DEP File #5 -1314 — City of Beverly
Susan McArthur of BSC Group, representing the applicant, recaps the Commission's site visit on
January 9, 2021 and explains the revised vegetation management plan and proposed drainage
structure maintenance and repair. Squibb has joined the meeting and Buchsbaum joined the
meeting by phone as technical difficulties prevented joining by video. McArthur states that
invasive species will be removed along the edges of the wetland. Buchsbaum asks about the
types and location of invasive species. McArthur clarifies that they are on the edges on the hill
toward the river. Bertoni expresses concern on the word "pruning" in the plans and requests that
the phrasing be changed to "selective pruning" throughout the vegetation management plan.
There were no comments from members of the public.
Dines moves to close the hearing. Seconded by Buchsbaum. The motion carries 7 -0.
Cont.: 59 Lothrop Street, DEP File 95 -1316 — raise seawall height, and construct patio, stairs,
and landscape improvements — Angel Byers Crandall
Bob Griffin of Griffin Engineering, representing the applicant, explains the updates to the
planting plan by Laura Rutledge, specifically noting which species will be planted in which
locations. Buchsbaum asks about erosion and whether there are potential issues from the current
proposed layout of the stairs. Griffin replies that the stone placement will shed water and there
will be drains located at the bottom of the stone patio. There will also be gravel behind the
seawall as shown in the lower portions of the planting plan. Bertoni expresses concern about new
plantings and new impervious surface within the Coastal Bank, and potential erosion problems
this may create. Bertoni asks if there were alternatives to this configuration which were
considered. Griffin reports that an erosion - control blanket will be placed over the entire slope,
which will stabilize the site during the plating. Additionally, the diverse planting plan will
stabilize the site and contribute to wildlife habitat. Bertoni asks if any alternatives to the stair
configuration had been considered that would be less impactful. Griffin reports that the longer
staircase would be safer than the current configuration that goes straight down. Grandoni states
that the current condition of the bank is a sloped sheet of soil, which could cause problems with
rain gullies forming, and agrees that this plan will stabilize the site. Pirrotta reports that Mass
DEP did not provide any comments on this project. There were no comments from members of
the public.
Herbster moves to close the hearing. Seconded by Dines. The motion carries 5 -2, with
Buchsbaum and Bertoni voting no.
New: Offshore /Atlantic Ocean, DEP File 95 -1317 — Edge Cable Holdings USA, LLC c/o Kevin
Salvador
Pirrotta reads the legal notice. Alexia O'Brien of ERM, representing the applicant, explains the
plans to install a fiber optic telecommunications submarine cable system between the UK and the
USA. O'Brien reports that the applicant explored a number of alternatives and an environmental
impact report was filed last year which was approved by the state through an Environmental
Notification Form and Environmental Impact Report. Bertoni asks that O'Brien address how
Mass CZM's comments are addressed. O'Brien reports that they are in discussion with CZM
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January 26, 2021 Meeting Minutes
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about monitoring, but the cable will be continually monitored as it is laid. The Commission asks
about other necessary approvals and Christina Hoffman of ERM adds that the project is under
review by Conservation Commissions from cities /towns from Rockport down to Lynn, so Orders
of Conditions would be needed from each of those municipalities as well as a 401 Water Quality
Certification from the state and Army Corps of Engineers approval. Hoffman suggests that
Commission could be added to the distribution list for copies of state approvals and the as -built
plan, once complete. There were no comments from members of the public.
Pirrotta reads a letter from the Mass Division of Marine Fisheries, which includes
recommendations on timing restrictions. Hoffman reports that the project does not propose time -
of -year restrictions due to the negligible impact determined by the state. Buchsbaum moves to
close the hearing. Seconded by Squibb. The motion carries 7 -0.
New: 60 South Terrace, DEP File 95 -1318 — construct pier & floating docks, seawall
improvements, and associated rg ading and landscaping— Paul & Natalie Gaudenzi
Pirrotta reads the legal notice. Bob Griffin of Griffin Engineering, representing the applicant,
explains the past approvals for reconstruction of the house and reports that the applicant would
like to further improve the site with this new project to construct a dock. Buchsbaum expresses
his concern about whether additional mitigation would be needed and that the existing mitigation
plantings that are to be removed and replaced should not be "re- counted." Bertoni asks about
whether the gangway will be pulled up onto the pier in winter. Griffin reports that it will be lifted
out of wave action, but not removed. Bertoni notes that the state Small Docks & Piers Guidance
should be followed and asks about proposed decking materials, offering to send materials
specifications from another project. Pirrotta comments that the Massachusetts Division of Marine
Fisheries may comment on the project, but they have not provided a letter yet. Griffin notes that
the project will require state and federal approval and notes that the height will allow pedestrians
to pass beneath the structure. There were no comments from members of the public.
The Commission schedules a site visit for February 13, 2021 at 8:00 a.m. Squibb moves to
continue the hearing to the February 23, 2021 meeting. Seconded by Herbster. The motion
carries 7 -0.
Reconvene Regular Meeting
Squibb moves to reconvene the regular meeting. Seconded by Dines. The motion carries 7 -0.
Requests for Certificates of Compliance
Cont.: 875 Hale Street, DEP File 95 -1038 — construct a 6 -lot subdivision, with 5 new
family houses and associated appurtenances — Montrose School Park, LLC
Pirrotta reports that the applicant requested to continue the request to the February 23, 2021
meeting. Herbster moves to continue the request to the February 23, 2021 meeting. Seconded by
Squibb. The motion carries 7 -0.
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January 26, 2021 Meeting Minutes
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Cont.: 25 Kennel Hill Drive, DEP File 95 -1262 — construct attached garage, driveway,
infiltration trench, and add plantings — Richard Savickey
Bob Griffin of Griffin Engineering, representing the applicant, reports that a partial Certificate of
Compliance was almost issued at the previous meeting before more information concerning the
timing of the mitigation plantings was provided and the discussion was continued. The applicant
provided receipts from purchase of the plants and photos documenting when they were installed.
Pirrotta reports that the no disturbance signs were installed when she was on site, prior to the last
meeting.
Buchsbaum moves to issue a complete Certificate of Compliance with the perpetual conditions
numbers 34 -39 and special conditions 3, 6, and 8. Seconded by Dines. The motion carries 7 -0.
Cont.: 218 Hart Street, DEP File #5 -650 — restore former degraded freshwater pond —
Christopher Welles
Christopher Welles, recaps the Commission's previous meeting and notes he provided an aerial
photograph showing the pond location with information on the area and depths. Buchsbaum asks
how the average depth was calculated. Welles reports that he measured depths throughout the
pond with weights dropped at various locations. Welles reports that he has not observed any
water quality issues in the pond, in response to Buchsbaum's questions. Herbster moves to issue
a complete Certificate of Compliance with the standard perpetual conditions 46 -49. Seconded by
Dines. The motion carries 7 -0.
Cont.: 218 Hart Street, DEP File #5 -537 — construct garage addition and associated site grading —
Christopher Welles
Christopher Welles, reports that the site plan from the mortgage inspection which depicts the
garage location was provided, as well as photographs of the shed removal. Bertoni expresses
concern that the area where the shed was removed may be vulnerable to erosion and asks
whether measures are needed and if the property has been transferred to new owners. Bertoni
suggests follow up with the new owners, suggesting spreading hay so that the site does not turn
into a mud pit. Welles notes that the surrounding area is mainly soil with pine needles and there
are no problems with mud. Dines moves to issue a complete Certificate of Compliance with the
perpetual conditions A2 and H4. Seconded by Alden -St. Pierre. The motion carries 7 -0.
New: 90 Bridge Street, DEP File 45 -1305 — GSC Management LLC c/o Saverio Fulciniti
George Zambouras, representing the applicant, explains that the project consisted of
rehabilitating an existing house, reconstructing the garage, and associated site work. Zambouras
reports minor deviations from the approved plan including that the fence line was pulled into the
patio area and two air conditioners were installed. A maple tree was cut down and replaced, as
approved. Pirrotta reports that there is a special condition that the newly planted tree must
demonstrate survival for two growing seasons, prior to issuance of a complete Certificate of
Compliance. Buchsbaum moves to issue a partial Certificate of Compliance for the work that
was completed, except for the two -year survival of the tree, with perpetual conditions number
36 -40 and special condition 4. Seconded by Bertoni. The motion carries 7 -0.
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January 26, 2021 Meeting Minutes
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New: 248 Dodge Street /3 Longham Road, DEP File 95 -1307 — Timothy McCarthy
Deb Colbert of Hancock Associates, representing the applicant, explains the completed work for
the septic tank replacement and grading for the septic field. Pirrotta notes she held a site
inspection and that the disturbed areas have not yet been seeded. In response to Herbster's
question, Colbert states that the erosion control is still in place and there has been no erosion
there. Bertoni states that the area does need to be seeded and stabilized before a complete
Certificate of Compliance can be issued. Colbert notes that the site contractor sent a letter noting
that the seeding would be done in the spring.
Buchsbaum moves to issue a partial Certificate of Compliance with the perpetual conditions as
discussed, noting that work is completed except for the hydro- seeding. Seconded by Herbster.
The motion carries 7 -0.
New: 134 McKay Street, DEP File 45 -0074 — City of Beverly
Bill Lowd of Beverly Golf and Tennis Commission, representing the applicant, explains the
proposed project to construct a skating pond in an existing marsh area, which was never
completed. Alden- St. Pierre moves to issue an invalid Order of Conditions stating that the work
was never completed and the Order of Conditions is expired. Seconded by Dines. The motion
carries 7 -0.
Old /New /Other Business
Enforcement Orders
New: 57 Lothrop Street — Joseph DiPietro
Homeowner Joseph DiPietro explains the recent work including retaining wall and stairs which
had rotten and been partially rebuilt. DiPietro reports that he cleared some brush and heavy
vegetation in order to complete the work, and created a fire pit area where some of the vegetation
had been cleared away. Buchsbaum asked about any other planned work. Bertoni states that a
wetland specialist is needed for this kind of work to get the proper permitting. Bertoni suggests
restoration plantings are needed to stabilize the area where the plants were removed. The
Commission discusses the permitting process with DiPietro and requests the applicant file a
Notice of Intent for the existing unpermitted structures, and include the proposed retaining wall
work. Buchsbaum moves to amend the Enforcement Order to include the filing of a Notice of
Intent for the work as discussed, by March 23, 2021. Seconded by Squibb. The motion carries 7-
0.
New: 18 Meadow Road, DEP File 95 -936
Pirrotta reports that the consultants requested to continue this discussion due to a meeting
conflict. Buchsbaum moves to continue to the February 23, 2021 meeting. Seconded by
Herbster. The motion carries 7 -0.
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January 26, 2021 Meeting Minutes
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Tree Removals, If Any
30/32 South Terrace
Pirrotta explains the homeowner at 32 South Terrace is requesting the removal of a single pine
tree. The tree is located in close proximity to two houses that are very close to each other, so the
insurance company is requiring that it come down. The Commission views pictures and agrees
the tree is very close to structures and its removal would not be a detriment to the resource.
Squibb moves to approve the removal of the tree, with the standard conditions. Seconded by
Herbster.
Tree Removal Protocol Update
The Commission agreed to table this item due to the meeting time.
Other: Discussion or Action Items Related to Commission Business, Correspondence, etc.
Received /Issued After Publication of Agenda, If Any
Annual Elections of Chair and Vice Chair of the Commission
The Commission discusses roles of the Chair and Vice Chair. Bertoni nominates Buchsbaum for
Vice Chair and Buchsbaum nominates Bertoni as Chair. Seconded by Grandoni. Herbster moves
to re -elect Buchsbaum as Vice Chair and Bertoni as Chair. Seconded by Dines. The motion
carries 7 -0.
Orders of Conditions
Cont.: 38 Standley Street, DEP File 95 -1315 — review and affirm the extent of wetland resource
areas delineated — Waring School Inc. c/o Tim Bakland
The Commission discusses the issuance of the Order of Resource Area Delineation. Herbster
moves to confirm the delineations as shown on the ANRAD plan, with the resource areas being
Bordering Vegetated Wetland from flags Al -A18 and A78 and Mean Annual High Water line
from flags B1 -B23, with the condition that only the requested delineations are confirmed.
Seconded by Dines. The motion carries 7 -0.
Cont.: 134 McKay Street, DEP File 95 -1314 — City of Beverly
The Commission discusses the conditions for the project. Buchsbaum moves to issue an Order of
Conditions under the Act and Ordinance, with the conditions as discussed. Seconded by
Herbster. The motion carries 7 -0.
Cont.: 59 Lothrop Street, DEP File #5 -1316 — raise seawall height, and construct patio, stairs,
and landscape improvements — Angel Byers Crandall
The Commission discusses the conditions for the project. Alden— St. Pierre moves to issue on
Order of Conditions under the Act and the Ordinance with the conditions as discussed. Seconded
by Herbster. The motion carries 6 -1, with Bertoni voting no.
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January 26, 2021 Meeting Minutes
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New: Offshore /Atlantic Ocean, DEP File #5 -1317 — Edge Cable Holdings USA, LLC c/o Kevin
Salvador
The Commission discusses the conditions for the project. Buchsbaum and Bertoni offer to review
the draft conditions based on the discussion, before finalization. Buchsbaum moves to issue an
Order of Conditions under the Act and the Ordinance with the conditions as discussed. Seconded
by Squibb. The motion carries 7 -0.
Adjournment
Before adjoining, Dines announces that he will be resigning from the Commission and this will
be his last official meeting. Dines moves to adjourn at 10:31 p.m. Seconded by Herbster. The
motion carries 7 -0. The next regular meeting of the Conservation Commission will be Tuesday,
February 23, 2021, to be remotely held via Google Meet.