3_16_2021 Con Com Minutes - final Beverly Conservation Commission
March 16, 2021 Meeting Minutes
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CITY OF BEVERLY
PUBLIC MEETING MINUTES
BOARD OR COMMISSION: Beverly Conservation Commission
SUBCOMMITTEE:
DATE: March 16, 2021
LOCATION: Remotely held meeting through Google Hangouts Meet
MEMBERS PRESENT: Chair Christine Bertoni, Vice Chair Robert Buchsbaum,
Bill Squibb, David Alden-St. Pierre, Richard Grandoni
MEMBERS ABSENT: Stephanie Herbster
OTHERS PRESENT: Environmental Planner Jenna Pirrotta
RECORDER: Sarah Scott-Nelson
Call to Order
Bertoni calls the meeting to order at 7:03 p.m. Bertoni reads the virtual meeting guidelines and
notes that the meeting is being held in accordance with temporary Open Meeting Law adjust-
ments due to the State of Emergency associated with the COVID-19 outbreak.
Approval of Minutes (as available)
February 23, 2021
The Commission reviews the draft minutes and offers edits. Alden-St. Pierre moves to approve
the February 23, 2021 minutes as amended. Seconded by Buchsbaum. Bertoni takes a roll call
vote. The motion carries 5-0.
Recess for Public Hearings
Squibb moves to recess for public hearings. Seconded by Buchsbaum. Bertoni takes a roll call
vote. The motion carries 5-0.
Notices of Intent/Abbreviated Notices of Intent/Requests for Amended Orders of Condi-
tions
Cont.: 91 Lothrop Street, DEP File#5-1313— construct an in-ground pool with patio and
pool house,landscaping, and associated appurtenances—Daniel & Daniella Mammal
Documents Reviewed: Notice of Intent Application and site plans by Williams & Sparages and
landscape plan by Elliott Brundage dated March 8, 2021
Elliott Brundage, landscape architect and Richard Williams of Williams & Sparages representing
the applicant are present. Williams reports the changes to the plan which include the updated
coastal bank line and buffer zones, and the Chapter 91 license information. Williams notes that
the work on the concrete slab in 2018 was part of an emergency order. Williams outlines other
revisions to the plan, including a pool house and bathhouse. Brundage details the landscape plan
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March 16, 2021 Meeting Minutes
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regarding minor regrading of the lawn area and landscape wall which will provide a planting
edge at the bottom of the slope. Williams clarifies that there is a VE zone at elevation 14 feet.
Brundage clarifies that the plantings by the stone wall would enhance and stabilize the slope.
Grandoni moves to close the hearing. Seconded by Buchsbaum. Bertoni takes a roll call vote.
The motion carries 5-0.
Cont.: 0 Virginia Avenue/7R Kennedy Drive, DEP File#5-1319—Hickory Hill LLC
Documents Reviewed: Notice of Intent Application and site plans by Griffin Engineering dated
February 1, 2021
Bob Griffin of Griffin Engineering, representing the applicant, summarizes the plan to construct
a single-family residence with associated deck, driveway, utilities, and landscaping, noting that
the wetlands were flagged by Bill Manuel in December 2020. In response to Bertoni's questions,
Griffin notes that the foundation drain is to prevent basement flooding and reports that some fill
will be used for the front yard. Griffin states that there is currently no planting plan. Bertoni sug-
gests a planting plan be submitted to mitigate the new impervious surfaces and Buchsbaum sug-
gests a site visit. In response to Squibb's question, Griffin confirms that debris will be disposed
of off-site and that the two existing building lots would be merged into one.
Pirrotta reads letters from abutters expressing concern about privacy, flooding of the wetland and
stream, water runoff, and current flooding conditions at the adjacent properties. Griffin notes that
the debris piles are located directly beyond the bridge of the first concerned residence and
suggests constructing a fence to resolve privacy concerns. Jaqueline Sabella, 9 Kennedy Drive,
expresses concern that the proposed drywell would accomodate increased stormwater from the
project. Sabella requests that the Commission take a site visit to view the area and consider
effects on neighboring properties. Squibb asks if the flow into the Danvers river is being
blocked. Griffin states that flow could be blocked downstream from vegetation and falling
leaves. Enxhi Agolli, 7 Kennedy Drive, expresses concern about flooding. Griffin comments that
he will provide information about the size of the drywell but notes that the neighbors' flooding is
likely backup from the wetland rather than runoff from neighboring properties.
The Commission schedules a site visit for Saturday, March 20, 2021 at 8 a.m. Alden-St. Pierre
moves to continue the hearing to the April 6, 2021 meeting. Seconded by Buchsbaum. Bertoni
takes a roll call vote. The motion carries 5-0.
Cont.: 167 West Street, DEP File#5-1323—Marc & Heather Hazel
Documents Reviewed: Notice of Intent Application and site plans by Griffin Engineering dated
February 8, 2021
Pirrotta reads the legal notice. Griffin, representing the applicant, explains the plans to construct
a pier, gangway, and floating dock, stating the outstanding need for Chapter 91 approval and ap-
proval from the Corps of Engineers for the project as well. Bertoni suggests that the Commission
take a low tide site visit of this property. Buchsbaum requests an eelgrass survey to confirm the
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March 16, 2021 Meeting Minutes
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absence of eelgrass at the site. In response to Bertoni's question, Griffin states that the concrete
forms are about 12 feet high and the rocks will be replaced which should help protect the foot-
ings from wave action.
Gerhard Schulmeyer, neighbor to the property, raises concern about the moving of rocks, the ef-
fects of storms on this pier, and the precedent which the addition of new piers would set for the
neighborhood. In response to Bertoni's question, Griffin states that this project does not need to
be approved by the Beverly planning board. Griffin states that he has been working with several
marine contractors regarding the best construction techniques for the site.
The Commission schedules a site visit for Saturday, March 20, 2021 at 11 a.m. Grandoni moves
to continue the hearing to the April 6, 2021 meeting. Seconded by Alden-St. Pierre. Bertoni takes
a roll call vote. The motion carries 5-0.
New: 44 Prince Street, DEP File#5-1321 —David Carnevale
Documents Reviewed: Notice of Intent Application and site plans by Griffin Engineering, dated
February 8, 2021
Pirrotta reads the legal notice. Griffin of Griffin Engineering, representing the applicant, explains
the project to complete pile installation and gangway and floating dock improvements, stating
that the electric conduit would be installed and that no boats will be left overnight at the float due
to the high wave action at the site. In response to Squibb's question, Griffin confirms that the
float does not bottom-out and adds that this is a seasonal float. Pirrotta reports that the Division
of Marine Fisheries did not have any concerns with the proposed work due to the small scale of
the project. There were no comments from members of the public.
There being no further questions or comments, Buchsbaum moves to close the hearing. Se-
conded by Alden-St. Pierre. Bertoni takes a roll call vote. The motion carries 5-0.
New: 33 Kennel Hill Drive, DEP File#5-1322— Tina Cianfrocca
Documents Reviewed: Notice of Intent Application and site plans by Griffin Engineering, dated
February 8, 2021
Pirrotta reads the legal notice. Griffin of Griffin Engineering, representing the applicant, explains
the project to reconstruct the shed, expand the pool deck, and complete associated landscape im-
provements, with proposed mitigation including a fence around the work area, noting the wet-
lands were flagged in January 2021. Bertoni suggests removing the wood and soil in the flower
garden and asks about moving the pool shed out of the 25 Foot No Disturb Zone. Grandoni notes
the area is already disturbed from the concrete decking. Squibb asks about location of pool back-
wash and relocation of the No-Disturbance Zone markers. Buchsbaum asks about the mitigation
plantings. There were no comments from members of the public. There being no further ques-
tions or comments, Buchsbaum moves to close the hearing. Seconded by Grandoni. Bertoni takes
a roll call vote. The motion carries 5-0.
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New: 31 Foster Street, DEP File#5-1320—Nicholas Masotta
Documents Reviewed: Notice of Intent Application by LEC Environmental, dated February 8,
2021 and site plans by Hawthorne Land Surveying Services, Inc, dated January 29, 2021
Pirrotta reads the legal notice. Rich Kirby of LEC Environmental, representing the applicant, ex-
plains the plans to construct an addition to an existing single-family house. Kirby explains the
alterations for temporary construction access to allow the erosion controls to follow the edge of
the pavement. An area will be allowed to naturalize and a beehive and raised garden bed would
also be installed. The Commission schedules a site visit for Saturday, March 20, 2021 at 9:00
a.m. Alden-St. Pierre moves to continue the hearing to the April 6, 2021 meeting. Seconded by
Grandoni. Bertoni takes a roll call vote. The motion carries 5-0.
New: 8 Whitaker Way,No DEP File # as ofpostinz—David Smith
Documents Reviewed: Notice of Intent Application and site plans by George Zambouras, dated
February 26, 2021
Pirrotta reads the legal notice. George Zambouras, representing the applicant, explains the pro-
ject to construct a garage and addition with associated site work. In response to Buchsbaum's
question, Zambouras explains the amount of runoff which would be captured by the stone trench.
In response to Bertoni's question, Zambouras comments that the garage cannot be moved outside
of the 25 Foot No Disturbance Zone due to accessible wheelchair access which would necessitate
a wider addition and if adjusted, would require increased impacts in the buffer. Zambouras states
that there are no FEMA flood zones at the property and no fill is needed, but some material will
be hauled out. Michael Smith, son of the applicant, stresses the importance of the layout of the
addition for the project's accessibility improvements.
The Commission schedules a site visit for Saturday, March 20, 2021 at 10:00 a.m. Buchsbaum
moves to continue the hearing to the April 6, 2021 meeting. Seconded by Squibb. Bertoni takes a
roll call vote. The motion carries 5-0.
New: 175 & 179 West Street, DEP File#5-1324— Schulmeyer 2011 Irrevocable Trust
Documents Reviewed: Notice of Intent Application and site plans by Hancock Associates, dated
February 24, 2021
Pirrotta reads the legal notice. David Cowell of Hancock Associates, representing the applicant,
explains the proposed landscaping and construction of a sports court and outdoor kitchen. Ber-
toni asks Cowell to explain the project regardless of the previously approved work which will
not go forward. Cowell comments that this project is a reduction in scope and footprint from the
previously approved project. The Commission discusses the details of the project plan and sug-
gests scheduling a site walk. Jacob Lemieux of Hancock Associates clarifies that the impact cal-
culations are for the existing site conditions before the house was demolished.
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The Commission schedules a site visit for March 20, 2021 at 12:00 p.m. Grandoni moves to con-
tinue the hearing to the April 6, 2021 meeting. Seconded by Buchsbaum. Bertoni takes a roll call
vote. The motion carries 5-0.
New: 7 Iverson Road ,No DEP File # as of postinz—Mark Spooner
Documents Reviewed: Notice of Intent Application and site plans by Modern Homestead De-
sign, dated March 2, 2021
Pirrotta reads the legal notice. John Ytzen-Handel, representing the applicant, explains the plans
to construct a retaining wall, shed, and patios, with associated landscaping and appurtenances. In
response to Buchsbaum's question, Ytzen-Handel explains that the retaining wall would mitigate
erosion and runoff problems leading to the stream which would require fill to level off. Mark
Spooner, the applicant, notes that the plans have a wetland line from the 2017 plot plan. The
Commission requests a field delineation of the wetland resource areas, amounts of required fill,
and more details on the proposed work. The Commission discusses scheduling a site visit after
receiving more information. Pirrotta reports that the Commission received a letter from an abut-
ter with concerns about the proximity of the retaining wall in relation to the brook. Squibb moves
to continue the hearing to the April 6, 2021 meeting. Seconded by Buchsbaum. Bertoni takes a
roll call vote. The motion carries 5-0.
Reconvene Regular Meeting
Buchsbaum moves to reconvene the regular meeting. Seconded by Squibb. Bertoni takes a roll-
call vote. The motion carries 5-0.
Requests for Determination of Applicability
New: 13 Paine Avenue—Robin Brown
Documents Reviewed: Request for Determination of Applicability Application and site plans by
New World Design Builders, dated February 8, 2021
Pirrotta reads the legal notice. Chris Kofitsas of New World Design Builders, representing the
applicant, explains the plans to construct an 8-foot by 36-foot in-ground pool. Bertoni asks about
erosion controls. Kofitsas notes that the four-foot wall will prevent sediments from entering the
resource area and notes the top of the site is flat. In response to Squibb's question, Kofitsas con-
firms that the pavers are pervious. Bertoni reads the suggested conditions for the project. Squibb
moves to issue a Negative 3 Determination. Seconded by Alden-St. Pierre. Bertoni takes a roll
call vote. The motion carries 5-0.
New: 56 Standley Street—Jackeline&Alessandro DeFreitas
Documents Reviewed: Request for Determination of Applicability Application by Jackeline De-
Freitas, dated February 8, 2021 and site plans by Marchionda Associates, dated December 15,
2020
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Pirrotta reads the legal notice. Applicant Jackeline Defreitas explains the proposed deck and ad-
dition. Bertoni asks for more specifics on the steps and for more details on the materials for the
foundation. Bertoni asks if the project involves addition of impervious surface area. Grandoni
and Squibb ask about the size of the deck. Pirrotta clarifies the configuration of the deck based
on the plan, stating that there will be an increase in pervious surface. Bertoni asks that more in-
formation on the size of the deck, the increase in impervious surface, and information on mitiga-
tion or replacement of the plants at the next meeting. Buchsbaum moves to continue the discus-
sion to the April 6, 2021 meeting. Seconded by Squibb. Bertoni takes a roll call vote. The motion
carries 5-0.
New: 57 Hathaway Avenue—Kevin Atwood
Documents Reviewed: Notice of Intent Application and framing plan by Kevin Atwood, dated
March 1, 2021
Pirrotta reads the legal notice. Applicant Kevin Atwood explains the proposed replacement and
expansion of an existing deck to square off to the stairs. In response to Buchsbaum's question,
Atwood clarifies that underneath the deck is crushed stone. Pirrotta reports on the potential ver-
nal pool and whether information could be collected to certify the pool. Atwood expresses will-
ingness to record the frog chorus' that he typically hears in spring and offers permission to cross
his property to access the potential vernal pool area. Bertoni reads the suggested conditions for
the project. Alden-St. Pierre moves to issue a Negative 3 determination. Seconded by Squibb.
Bertoni takes a roll call vote. The motion carries 5-0.
Other
Buchsbaum moves to schedule an additional meeting at 7:00 p.m. on March 22, 2020 to com-
plete unfinished business, specifically to discuss Orders of Conditions. Seconded by Alden-St.
Pierre. Bertoni takes a roll call vote. The motion carries 5-0.
Enforcement Orders
New: 6 Cavendish Square
Jeffrey Williams,property owner, requests that the Commission consider this item tonight.
Pirrotta reports that the work has ceased in response to the Enforcement Order and explains the
actions on the property. The Commission requests that the applicant provide a restoration plan
for review by May 4, 2021. Buchsbaum moves to issue a ratified Enforcement Order to include
the conditions as discussed. Seconded by Squibb. Bertoni takes a roll call vote. The motion car-
ries 5-0.
Cont.: 18 Meadow Road, DEP File#5-936
Pirrotta discusses with the Commission and the owner's representative, Michael DeRosa of
DeRosa Environmental, the simplest way for the applicant to come into compliance and satisfy
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all the Commission's conditions, based on discussion with MassDEP. This would be for the
Commission to issue an Enforcement Order under the Beverly Wetlands Ordinance Only, that
the owner implement the restoration work as directed by the MassDEP Administrative Consent
Order, since the original work is also subject to a Superseding Order of Conditions. Buchsbaum
moves to issue the Enforcement Order with the conditions as discussed,under the ordinance
only. Seconded by Alden-St. Pierre. Bertoni takes a roll call vote. The motion carries 5-0.
Cont.: Waring School soccer field encroachment
Pirrotta reports that Waring School representatives would like to address the Commission at the
April 6, 2021 meeting and that they expect to provide an affidavit from the heir of the estates as
well as a history of past actions regarding the encroachment. Representatives requested that dis-
cussion occur earlier in the evening. The Commission agrees with this approach to discuss at the
April 6, 2021 meeting.
Other
Due to the lateness of the hour, Bertoni suggests the remainder of the agenda items be reviewed
at the March 22, 2021 special meeting. Squibb moves to continue the remainder of the agenda
items to the March 22, 2021 special meeting. Seconded by Buchsbaum. Bertoni takes a roll-call
vote. The motion carries 5-0. Pirrotta clarifies the remaining items to be discussed.
Adiournment
Alden-St. Pierre moves to adjourn at 11:31 p.m. Seconded by Grandoni. Bertoni takes a roll call
vote. The motion carries 5-0. The special meeting will be Monday, March 22. 2021 at 7:00 pm to
be held virtual over Google Meet. The next regular meeting of the Conservation Commission is
Tuesday, April 6, 2021 to be held virtual over Google Meet.