5_18_2021 Con Com Minutes - final Beverly Conservation Commission
May 18, 2021 Meeting Minutes
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CITY OF BEVERLY
PUBLIC MEETING MINUTES
BOARD OR COMMISSION: Beverly Conservation Commission
SUBCOMMITTEE:
DATE: May 18, 2021
LOCATION: Remotely held meeting through Google Hangouts Meet
MEMBERS PRESENT: Chair Christine Bertoni, Vice Chair Robert Buchsbaum,
David Alden-St. Pierre, Stephanie Herbster, Bill Squibb,
Richard Grandoni
MEMBERS ABSENT:
OTHERS PRESENT: Environmental Planner Jenna Pirrotta
RECORDER: Sarah Scott-Nelson
Call to Order
Bertoni calls the meeting to order at 7:02 p.m. Bertoni reads the virtual meeting guidelines 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.
Approval of Minutes (as available)
March 22, 2021
The Commission reviews the draft minutes and offers edits. Herbster moves to approve the
March 22, 2021 minutes as amended. Seconded by Alden-St. Pierre. Bertoni takes a roll-call
vote. The motion carries 6-0.
Recess for Public Hearings
Squibb moves to recess for public hearing. Seconded by Herbster. Bertoni takes a roll-call vote.
The motion carries 6-0.
Notices of Intent/Abbreviated Notices of Intent/Requests for Amended Orders of
Conditions
Cont.: 167 West Street, DEP File 45-1323 —construct a pier, gangway, and floating dock—Marc
& Heather Hazel
Documents Reviewed: Notice of Intent Application and plans by Griffin Engineering, dated
February 8, 2021
Bob Griffin of Griffin Engineering, representing the applicant, requests a continuation of the
hearing as the revised plans have not yet been submitted. Alden-St. Pierre moves to continue to
the June 15, 2021 meeting. Seconded by Buchsbaum. Bertoni takes a roll-call vote. The motion
carries 6-0.
Beverly Conservation Commission
May 18, 2021 Meeting Minutes
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Cont.: 50 (51) Dunham Road, DEP File 45-1328 —install mitigation plantings, replace pedestrian
pedestrian
bridge, and complete associated site work from expired Order—Dunham Ridge, LLC
Documents Reviewed: Notice of Intent Application by Cummings Properties, LLC, dated March
23, 2021; revised Landscape Plan C-3 and bridge photo specification, dated May 13, 2021
Damien Savoie of Cummings Properties, representing the applicant, briefly reviews the project,
noting the 28 mitigation plantings and the change to the building access maintenance drive,
including addition of loam and seed and paver stones, instead of asphalt. There being no further
questions from the Commission or comments from the public, Herbster moves to close the
hearing. Seconded by Alden— St. Pierre. Bertoni takes a roll-call vote. The motion carries 6-0.
Cont.: 37 Paine Avenue, DEP File 45-1331 —Lee Rosenthal, c/o Tom Salesman
Documents Reviewed: Notice of Intent Application by Wetlands & Land Management, dated
April 12, 2021 and Site Plan by Patrowicz Land Development Engineering, dated April 8, 2021
Scott Patrowicz of Patrowicz Land Development Engineering, representing the applicant, recaps
the project to renovate an existing house, including garage and porch addition and pool
relocation. Buchsbaum notes that as a result of the site visit, the Commission recommends
splitting the drainage instead of all of it going to the Swale. Grandoni asks about the storm drain
in the existing driveway. Patrowicz notes that this drain goes to the seawall but will be closed up
as part of the work. Patrowicz notes that the applicant would welcome a condition for the
removal of the invasive Japanese knotweed near the seawall. Bill Manuell of Wetlands & Land
Management clarifies the limited Japanese knotweed removal that would be undertaken under
this Order and that a future Notice of Intent for work on the seawall could include more intensive
knotweed removal if needed. There being no further questions from the Commission or
comments from the public, Herbster moves to close the hearing. Seconded by Buchsbaum.
Bertoni takes a roll-call vote. The motion carries 6-0.
Cont.: 28 Fosters Point, DEP File 45-1330—Doug & Susan Stone
Documents Reviewed: Notice of Intent Application and Site Plan by Griffin Engineering, dated
April 12, 2021
Bob Griffin of Griffin Engineering, representing the applicant, briefly recaps the proposed
project to demolish and reconstruct an existing single-family house with associated
appurtenances. The Commission asks about abandoning the existing boat ramp and planting with
spartina alterniflora salt marsh plugs, as discussed at the site visit. Squibb asks about Zoning
Board of Appeals review and Griffin clarifies that approval was granted. There being no further
questions from the Commission or comments from the public, Buchsbaum moves to close the
hearing. Seconded by Alden-St. Pierre. Bertoni takes a roll-call vote. The motion carries 6-0.
Cont.: 246R Dodge Street, DEP File 45-1332—Clark Parker Manis
Beverly Conservation Commission
May 18, 2021 Meeting Minutes
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Documents Reviewed: Notice of Intent Application, dated April 12, 2021 and Revised Site Plan,
dated May 4, 2021 by Hancock Associates
Deb Colbert of Hancock Associates, representing the applicant, recaps the proposed project to
construct a house addition with associated porch, noting the —740 square foot area of mitigation
plantings which were added to the plan after the Commission's site visit. There being no further
questions from the Commission or comments from the public, Buchsbaum moves to close the
hearing. Seconded by Alden-St. Pierre. Bertoni takes a roll-call vote. The motion carries 6-0.
New: 573 Hale Street, DEP File 45-1333 —Jonathan Loring, Trustee
Documents Reviewed: Notice of Intent Application and Site Plan by Griffin Engineering, dated
April 26, 2021
Pirrotta reads the legal notice. Bob Griffin of Griffin Engineering, representing the applicant,
explains the project to repair a stone pier and a masonry pathway. Grandoni asks if the work will
be done by hand. Griffin clarifies that a barge will be brought in from which an excavator will
lift the stones and reposition them. Buchsbaum asks about potential impacts to eelgrass. A letter
to the Commission from Mass Division of Marine Fisheries refers to an eelgrass bed that is a
couple hundred feet offshore. Griffin confirms the project has a valid Chapter 91 Waterways
license that was renewed in 2007. The Commission schedules a site visit for June 9, 2021 at 6:00
p.m. There were no comments from members of the public. Herbster moves to continue the
hearing to the June 15, 2021 meeting. Seconded by Alden— St. Pierre. Bertoni takes a roll-call
vote. The motion carries 6-0.
New: 4 McPherson Drive & 1 Dock Lane,No DEP File #as oLposting—Kearsarge Beverly
LLC c/o Andrew Bernstein
Documents Reviewed: Notice of Intent Application by LEC Environmental, dated May 4, 2021
and Site Plan by Meridian Associates, dated April 6, 2021
Pirrotta reads the legal notice. Dan Voss of Kearsarge Beverly LLC, explains the solar array
installation project. Andrea Kendall of LEC Environmental explains the site, noting the locations
of the buffers and 200-Foot Riverfront Area in relation to the work. Any landscape trees
removed for the installation of the conduit line would be replaced and after the work is complete,
any flood waters would be able to flood and recede as they do today. Mike Collins City of
Beverly Commissioner of Public Works, comments on parking noting that the array will be
mainly above the existing parking spaces and the array will be tall enough to allow for snow
removal underneath. Erina Keefe, Beverly Sustainability Director emphasizes the importance of
this project for the City's to shift to the use of renewable energy sources. There being no DEP
file number yet issued for the project, Squibb moves to continue the hearing to the June 15, 2021
meeting. Seconded by Alden-St. Pierre. Bertoni takes a roll-call vote. The motion carries 6-0.
New: 10 Fieldstone Lane,No DEP File #as oLposting—Lisa Ambrosino
Beverly Conservation Commission
May 18, 2021 Meeting Minutes
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Documents Reviewed: Notice of Intent Application by LEC Environmental, dated May 4, 2021
and Site Plan by Massachusetts Survey Consultants, dated April 29, 2021
Pirrotta reads the legal notice. Rich Kirby of LEC Environmental, representing the applicant,
explains the project to construct a garage and living space addition and deck, noting that the
addition will be mostly constructed over the existing driveway, rather than behind the existing
house, in order to limit the increase in impervious surface. Kirby describes the mitigation
including moving the existing shed further from the wetland, removing a concrete slab, and
planting native species. Bertoni asks when the delineation was performed and Buchsbaum
questioned whether there was a different plant intended for the Cornus alba on the plant list. The
Commission schedules a site visit May 22, 2021 at 8:00 a.m. There were no comments from
members of the public. Squibb moves to continue the hearing to the June 15, 2021 meeting.
Seconded by Herbster. Bertoni takes a roll-call vote. The motion carries 6-0.
New: 50 Dunham Road, No DEP File #as oLposting— 50 DR, LLC c/o Damien Savoie
Documents Reviewed: Notice of Intent Application and Site Plan by Cummings Properties,
dated May 4, 2021
Pirrotta reads the legal notice. Damien Savoie of Cummings Properties, representing the
applicant, explains the project to construct an outdoor play area including landscaping, grading,
and fence installation for a childcare facility. Bertoni clarifies with Savoie that the adjusted
wetland buffers and no disturbance zones were set based on a settlement. The Commission asks
about the need to remove the trees and schedules a site visit for June 9, 2021 at 7:00 p.m. There
were no comments from members of the public. Squibb moves to continue the hearing to the
June 15, 2021 meeting. Seconded by Buchsbaum. Bertoni takes a roll-call vote. The motion
carries 6-0.
Reconvene Regular Meeting
Squibb moves to reconvene the regular meeting. Seconded by Buchsbaum. Bertoni takes a roll-
call vote. The motion carries 6-0.
Requests for Determination of Applicability
Cont.: 171 Common Lane—tree removal and installation of a solar panel array at existing
residence—Leonard Bertaux
Documents Reviewed: Request for Determination of Applicability application, with associated
attachments and plans, dated March 19, 2021
Leonard Bertaux recaps the project to remove trees and install a solar panel array at an existing
residence. The Commission held a site visit on May 8, 2021 at Sam. Bertaux notes that the area
of clearing will be —3,000 square feet. Squibb asks about varying the height of some of the cut
trees to serve as habitat. There being no further questions or comments, Squibb moves to issue a
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Negative 2 Determination with the conditions as discussed. Seconded by Buchsbaum. Bertoni
takes a roll-call vote. The motion carries 6-0.
Cont.: 451 Essex Street—Nicholas Gabriel
Documents Reviewed: Request for Determination of Applicability Application, with associated
attachments and plans, dated April 12, 2021
Property owner Michael Fazio explains the project to demolish an existing house and garage.
Bertoni reads the suggested conditions for the project. There being no further questions or
comments, Buchsbaum moves to issue a Negative 3 Determination with the conditions as
discussed. Seconded by Alden-St. Pierre. Bertoni takes a roll-call vote. The motion carries 6-0.
New: 100 Sohier Road— solar array installation—Kearsarge Beverly LLC c/o Andrew Bernstein
Documents Reviewed: Request for Determination of Applicability Application, with associated
attachments and plans, dated May 4, 2021
Pirrotta reads the legal notice. Andrea Kendall of LEC Environmental, representing the
applicant, explains the project to install a solar array, noting the existing array will be removed
and replaced, and that the area will be seeded, but existing gravel will remain. The Commission
questions the jurisdictional areas and clarifies that only portions of the work discussed is within
the jurisdictional buffers. Commission members debate holding a site visit and consider whether
the drainage area is a jurisdictional stream. A past Order of Resource Area Delineation at the site
did not consider the ditch to be jurisdictional. There being no further questions or comments,
Grandoni moves to issue a Negative 2 and 3 Determination with the conditions to be discussed at
a later time. Seconded by Alden-St. Pierre. Bertoni takes a roll-call vote. The motion carries 5-1,
with Squibb voting no.
New: 502 Cabot Street— solar array installation—Kearsarge Beverly LLC c/o Andrew Bernstein
Documents Reviewed: Request for Determination of Applicability Application, with associated
attachments and plans, dated May 4, 2021
Pirrotta reads the legal notice. Andrea Kendall of LEC Environmental, representing the
applicant, explains the project to install a rooftop solar array over the existing parking area.
Kendall describes temporary impacts from trenching and notes that drainage patterns would not
change as a result of the work. There being no further questions or comments, Squibb moves to
issue a Negative 3 determination with the conditions as discussed. Seconded by Herbster.
Bertoni takes a roll-call vote. The motion carries 6-0.
New: 30 Fosters Point—construction of second story addition and associated apurtenances —
Shannon O'Shea
Documents Reviewed: Request for Determination of Applicability Application, with associated
attachments and plans by LEC Environmental, dated May 4, 2021
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May 18, 2021 Meeting Minutes
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Pirrotta reads the legal notice. Rich Kirby of LEC Environmental, representing the applicant,
explains the project to construct a second story addition and associated appurtenances such as
construction of front porch and staircase replacement. Kirby notes that there will be no change in
grade and that native plants would be installed. There being no further questions or comments,
Grandoni moves to issue a Negative 2 and 3 Determination with the conditions as discussed.
Seconded by Herbster. Bertoni takes a roll-call vote. The motion carries 6-0.
New: 547 Essex Street—construction of a _garage addition and driveway expansion with
associated site work—Lyndsay Lantz
Documents Reviewed: Request for Determination of Applicability Application, with associated
attachments and plans by George Zambouras, dated May 3, 2021
Pirrotta reads the legal notice. George Zambouras, representing the applicant, explains the
project to construct a garage addition and driveway expansion with associated site work, noting a
6 inch fill for draining a the landscape wall near the driveway. Bertoni asks about the amount of
fill and grading. Zambouras describes the proposed landscape wall. The Commission discusses
whether this item can be conditioned under an RDA. Buchsbaum moves that the Commission
require a Notice of Intent for this project and to issue a Positive Determination. Seconded by
Herbster. Bertoni takes a roll-call vote. The motion carries 6-0.
New: 223 Greenwood Avenue—installation of a shed and patio—Anne MacLean
Documents Reviewed: Request for Determination of Applicability Application, with associated
attachments and plans, dated April 23, 2021
Pirrotta reads the legal notice. Anne MacLean explains the proposed shed and patio installation,
noting that the existing shed was already relocated and that the driveway was repaved before she
purchased the house. Commissioners express concern with other work completed on site without
approval. Squibb notes that a larger scale plan should be provided. Buchsbaum moves that the
Commission require a Notice of Intent for this project and to issue a Positive Determination.
Seconded by Herbster. Bertoni takes a roll-call vote. The motion carries 6-0.
New: 1 Cove Avenue—replacement of an existing porch—Michael Osborne
Documents Reviewed: Request for Determination of Applicability Application, with associated
attachments and plans, dated April 25, 2021
Pirrotta reads the legal notice. Applicant Michael Osborne explains the project for the
replacement of an existing porch in the same area with new footings. There being no further
questions or comments, Buchsbaum moves to issue a Negative 2 and 3 Determination with the
conditions as discussed. Seconded by Squibb. Bertoni takes a roll-call vote. The motion carries
6-0.
Beverly Conservation Commission
May 18, 2021 Meeting Minutes
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New: 2 Margin Street— installation of a crushed stone utility trench and replacement of existing
vacuums with footings — Todd J. DiOrio
Documents Reviewed: Request for Determination of Applicability Application, with associated
attachments and plans, dated April 27, 2021
Pirrotta reads the legal notice. Owner Todd DiOrio explains the project including the installation
of a crushed stone utility trench and installation of vacuums with footings, noting a silt sock
fence would be installed during construction, and that the electrical line will be sealed
underground. There being no further questions or comments, Herbster moves to issue a Negative
2 and 3 Determination with the conditions as discussed. Seconded by Buchsbaum. Bertoni takes
a roll-call vote. The motion carries 6-0.
New: 17 Columbia Road— after-the-fact deck and patio installation—Meghan & Michael Jones
Documents Reviewed: Request for Determination of Applicability Application, with associated
attachments and plans, dated April 21, 2021
Pirrotta reads the legal notice. Megan Jones explains the after-the-fact deck and patio
installation. The Commission questions the location of the work in relation to the wetland and
requests a better plan of the project. Buchsbaum moves to continue the discussion to the June 15,
2021 meeting. Seconded by Alden-St. Pierre. Bertoni takes a roll-call vote. The motion carries 6-
0.
Requests for Certificate of Compliance
875 Hale Street, DEP File 45-1038 — construct a 6-lot subdivision, with 5 new single family
houses and associated appurtenances —Montrose School Park, LLC
Documents Reviewed: Request for Certificate of Compliance and As Built plan from Hayes
Engineering, dated October 27, 2020
Pirrotta reports that the applicant submitted a revised as built plan and stormwater report, but that
it was not submitted in time for the Commission to review this evening. Squibb moves to
continue to the June 15, 2021 meeting. Seconded by Herbster. Bertoni takes a roll-call vote. The
motion carries 6-0.
44 Prince Street, DEP File 45-910 —construct house addition, relocate garage, reconfigure pool
and driveway, associated site work—David Carnevale
Documents Reviewed: Request for Certificate of Compliance and As Built plan by Griffin
Engineering, dated April 29, 2021
Bob Griffin of Griffin Engineering, representing the applicant, notes that the applicant has
agreed to remove the Bocce court materials and to loam and seed,but that the applicant wants to
keep the granite edging. The Commission agrees to allow the granite to remain. Squibb moves to
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continue to the June 15, 2021 meeting. Seconded by Herbster. Bertoni takes a roll-call vote. The
motion carries 6-0.
16 Fosters Point, DEP File 45-819—Kimberly Kelly
Documents Reviewed: Request for Certificate of Compliance and As-Built Plan, dated April 20,
2021, Salt Marsh Restoration Monitoring Report by Hancock Associates, dated May 17, 2021
Kristan Farr of Hancock Associates recaps the project regarding the maintenance of the existing
pier and construction of gangway and floats in the Danvers River. The floats were recently
damaged and need to be removed and the salt marsh plantings need additional monitoring. Farr
submitted the salt marsh monitoring report that day. Buchsbaum moves to continue to the June
15, 2021 meeting. Seconded by Squibb. Bertoni takes a roll-call vote. The motion carries 6-0.
686 Hale Street, DEP File 45-789—Molly Ryan
Documents reviewed: Request for Certificate of Compliance and annotated As-Built Plan by
Wetlands & Land Management, dated April 29, 2021
Bill Manuell of Wetlands & Land Management, representing the applicant, explains the
completed paddle tennis court project, which was slightly shifted from the approved location.
Buchsbaum moves to issue a complete Certificate of Compliance with the noted perpetual
conditions. Seconded by Herbster. Bertoni takes a roll-call vote. The motion carries 6-0.
686 Hale Street, DEP File 45-891 —Molly Ryan
Documents reviewed: Request for Certificate of Compliance and annotated As-Built Plan by
Wetlands & Land Management, dated April 29, 2021
Bill Manuell of Wetlands & Land Management, representing the applicant, explains the
completed pond dredging and repair of existing outlet and flashboard structure. Squibb moves to
issue a complete Certificate of Compliance with the noted perpetual conditions. Seconded by
Alden-St. Pierre. Bertoni takes a roll-call vote. The motion carries 6-0.
6, 8 & 10 Shortmeadow Road, DEP File 45-1236 —Dodge Street Realty Partners, LLC c/o Paul
Herrick
Documents reviewed: Request for Certificate of Compliance by Wetlands & Land Management
dated May 6, 2021 and As-Built Plan by Thomas Manetta Incorporated dated January 7, 2019
Bill Manuell of Wetlands & Land Management, representing the applicant, explains the project
regarding the improvement of the existing parking area. Buchsbaum moves to issue a complete
Certificate of Compliance with the noted perpetual conditions. Seconded by Herbster. Bertoni
takes a roll-call vote. The motion carries 6-0.
Beverly Conservation Commission
May 18, 2021 Meeting Minutes
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9 Dodge Street& 6 Shortmeadow Road, DEP File 45-1249—Dodge Street Realty Partners, LLC
c/o Paul Herrick
Documents reviewed: Request for Certificate of Compliance by Wetlands & Land Management
dated May 6, 2021 and As-Built Plan by Thomas Manetta Incorporated dated January 7, 2019
Bill Manuell of Wetlands & Land Management, representing the applicant explains the project
regarding the removal of the garage, cleanup of the site and creation of parking. Buchsbaum
moves to issue a complete Certificate of Compliance with the noted perpetual conditions.
Seconded by Squibb. Bertoni takes a roll-call vote. The motion carries 6-0.
Old/New/Other Business
Enforcement Orders
62 South Terrace
Bob Griffin of Griffin Engineering reports that he is working with the property owner to address
the Commission's April 20, 2021 Enforcement Order. Griffin states his preference for
preparation of an existing conditions plan for the Commission's review in June, instead of
having a Notice of Intent ready at that time.
Cont.: 6 Cavendish Square
Documents Reviewed: Letter from Wetlands & Land Management, dated May 3, 2021
Bill Manuell of Wetlands & Land Management, representing the owner Jeff Williams, recaps the
work under the Enforcement Order and Manuell's recent letter regarding monitoring of the cut
area for regrowth before proposing any plantings. The Commission agrees with the approach for
Manuell to monitor the area and report back to the Commission for the August 3, 2021 meeting.
Buchsbaum moves to issue a ratified Enforcement Order with the conditions as discussed.
Seconded by Squibb. Bertoni takes a roll-call vote. The motion carries 6-0.
Cont.: 128 Boulder Lane
Documents Reviewed: Plan showing approximate work area and wetland buffers, dated April 27,
2021
Bertoni recuses herself from the discussion and leaves the room. Mike Corsetti, site operator,
explains that the silt fence was relocated further from the wetlands,per Buchsbaum's request
while on site. The Commission discusses the recent work on the road. Corsetti describes the
maintenance work that he did not believe was subject to review. A couple members of the
Commission will visit the site on May 25, 2021 at 10:00 am. Squibb moves to continue to the
June 15, 2021 meeting. Seconded by Herbster. Buchsbaum takes a roll-call vote. The motion
carries 5-0.
New: 29 Foster Street
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May 18, 2021 Meeting Minutes
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Chett Walsh,property owner, explains the recent work he completed which is subject to the
Enforcement Order. Walsh provides before and after photos of the project. He notes that the City
changed the street drainage water patterns at his property in the past without his approval. The
Commission asks for a plan showing what work was completed in relation to the resource areas.
Squibb moves to issue an amended Enforcement Order with the conditions as discussed
Seconded by Alden-St. Pierre. Bertoni takes a roll-call vote. The motion carries 6-0.
Cont.: 11/13 Bay View Avenue
Documents Reviewed: Restoration Plan and letter by Griffin Engineering, dated December 27,
2020
The Commission did not discuss at this meeting due to the late hour and representative no longer
in attendance.
Cont.: 0 Netherton Avenue
Pirrotta reports that the owner is working with Hancock Associates on a restoration plan,
however they have not yet been out to complete the survey. An abutter expresses concern with
the fill and increased water onto their property. Buchsbaum moves to continue to the June 15,
2021 meeting. Seconded by Squibb. Bertoni takes a roll-call vote. The motion carries 6-0.
Adiournment
Due to the lateness of the hour, Chair Bertoni suggests scheduling a special meeting to review
this remainder of the agenda items, including discussion of the Orders of Conditions. The special
meeting is scheduled for Monday, May 24, 2021 at 5:30 p.m. to be held virtual over Google
Meet.
Buchsbaum moves to adjourn at 12:40 a.m. Seconded by Herbster. Bertoni takes a roll-call vote.
The motion carries 6-0.
The next regular meeting of the Conservation Commission is Tuesday, June 15, 2021 at 7:00
p.m.