6_15_2021 Con Com Minutes - final Beverly Conservation Commission
June 15, 2021 Meeting Minutes
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CITY OF BEVERLY
PUBLIC MEETING MINUTES
BOARD OR COMMISSION: Beverly Conservation Commission
SUBCOMMITTEE:
DATE: June 15, 2021
LOCATION: Beverly Senior Center, 90 Colon Street,
Beverly, MA 01915
MEMBERS PRESENT: Chair Christine Bertoni, Vice Chair Robert Buchsbaum,
David Alden-St. Pierre, Stephanie Herbster, Bill Squibb
MEMBERS ABSENT:
OTHERS PRESENT: Environmental Planner Jenna Pirrotta
RECORDER: Sarah Scott-Nelson
Call to Order
Bertoni calls the meeting to order at 7:01 p.m.
Recess for Public Hearings
Herbster moves to recess for public hearing. Seconded by Squibb. The motion carries 5-0.
Notices of Intent/Abbreviated Notices of Intent/Requests for Amended Orders of
Conditions
Cont.: 163 & 167 West Street, DEP File#5-1323 —construct a pier, 2an2way, and floating
dock—Marc & Heather Hazel
Documents Reviewed: Notice of Intent Application and plans by Griffin Engineering, revised
dated May 27, 2021
Pirrotta reads the updated legal notice. Bob Griffin of Griffin Engineering, representing the
applicant, reports that the revised plan includes a shared pier serving two residences and notes
that the supports for the pier have been spread further apart. Bertoni asks if mooring blocks are
necessary or if helical anchors were considered. Griffin explains that the use of mooring blocks
is for the safety and stability of the dock. Buchsbaum recalls questions about the location of
eelgrass beds offshore from the site and clarifies with Griffin the techniques to install the piles
into the ledge. There were no comments from members of the public. There being no further
questions or comments, Buchsbaum moved to close the hearing. Seconded by Squibb. The
motion carries 5-0.
Cont.: 573 Hale Street, DEP File#5-1333— repair a stone pier and masonry pathway—
Jonathan Loring, Trustee
Documents Reviewed: Notice of Intent Application and Site Plan by Griffin Engineering, dated
April 26, 2021
Beverly Conservation Commission
June 15, 2021 Meeting Minutes
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Bob Griffin of Griffin Engineering, representing the applicant, reports that the hearing was
continued from the last meeting to allow for a site visit. Griffin notes that the work would be
done from a barge by Northshore Marine, and clarifies that one area with current flow-through
under the stone pier will also be repaired. In response to Bertoni's question concerning grout,
Griffin clarifies that the work is within the scope of the existing Chapter 91 License from 2005.
Pirrotta reads a May 18, 2021 comment letter from the Massachusetts Division of Marine
Fisheries and Buchsbaum asks about protection of eelgrass near the site. There being no further
questions or comments, Squibb moves to close the hearing. Second by Alden-St. Pierre. The
motion carries 5-0.
Cont.: 4 McPherson Drive & 1 Dock Lane, DEP File#5-1336— solar array installation—
Kearsme 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
Dan Voss of Kearsarge Beverly LLC, representing the applicant, notes that at the last meeting
the Commission was unable to close the hearing, since a DEP File number had not been issued.
Voss reports the project now has a DEP file number and provides a brief recap of the proposed
project to install the solar parking canopy array. Bertoni asks about work in the 50-Foot No-
Build Zone. Voss clarifies the number of posts and that the arrays are proposed in an already
disturbed area, which is existing pavement and a small amount of landscape bed area. There
were no comments from members of the public. There being no further questions or comments,
Alden-St. Pierre moves to close the hearing. Seconded by Herbster. The motion carries 5-0.
Cont.: 50 Dunham Road, DEP File# 5-1334— construct an outdoor play area including
landscaping, mdin2, and fence installation— 50 DR, LLC c/o Damien Savoie
Documents Reviewed: Notice of Intent Application and Site Plan by Cummings Properties,
dated May 4, 2021
Damien Savoie of Cummings Properties LLC, representing the applicant, notes that
approximately 40 yards of fill will be used for the project that approximately 490 square feet of
existing impervious surface area would be removed. Savoie notes that existing trees would
remain between the cleared area and the wetland. Buchsbaum asks about the plantings and
Savoie notes they are open to suggestions. Bertoni asks about what will be used to hold the
mulch in place and Savoie describes that landscape stones will be located at the bottom of the
proposed fence. There were no comments from members of the public. There being no further
questions or comments, Buchsbaum moves to close the hearing. Seconded by Alden-St. Pierre.
The motion carries 5-0.
New: 9 Ober Street,DEP File#5-1337—Ocean View Realty Trust
Documents Reviewed: Notice of Intent Application and Site Plan by Griffin Engineering, dated
May 28, 2021
Beverly Conservation Commission
June 15, 2021 Meeting Minutes
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Pirrotta reads the legal notice. Bob Griffin of Griffin Engineering, representing the applicant,
explains the project concerning coastal bank stabilization by filling an existing void in the bank.
Griffin clarifies that the work will not result in significant changes and consequently would not
disrupt the shellfish population, with the stabilization work occurring above Mean High Water.
Bertoni expresses her desire for monitoring on the success of the coir logs proposed for
stabilization above the area to be repaired. The Commission schedules a site visit for Thursday,
June 24, 2021 at 5:30 p.m. Herbster moves to continue the hearing to the July 13, 2021 meeting.
Seconded by Bertoni. The motion carries 5-0.
New: 57 Lothrop Street, DEP File#5-1338—Joseph& Kathryn DiPietro
Documents Reviewed: Notice of Intent Application and Site Plan by Griffin Engineering, dated
June 1, 2021
Pirrotta reads the legal notice. Bob Griffin of Griffin Engineering, representing the applicant,
explains the project to perform coastal bank enhancements including platform, stairs, sitting area,
and plantings. Bertoni asks about alternatives to planting forsythia and Griffin states that there is
some already existing at the site but he could discourage additional forsythia if desired by the
Commission. Bertoni asks about the size of the proposed stone and whether larger diameter
stones were considered, in support of preventing them from washing away. Griffin describes the
use of jute netting to stabilize the slope. The Commission clarifies the debris on site that is to be
removed. There were no comments from members of the public. There being no further
questions or comments, Alden-St. Pierre moves to close the hearing. Seconded by Herbster. The
motion carries 5-0.
New: 55 Thissel Street, DEP File#5-1339—Jerome & Kristin Kyllin2stad
Documents Reviewed: Documents Reviewed: Notice of Intent Application and Site Plan by
Griffin Engineering, dated June 1, 2021
Pirrotta reads the legal notice. Bob Griffin of Griffin Engineering, representing the applicant,
explains the project to construct in ground pool, gravel parking area,pumped sewer system, and
associated appurtenances. Griffin notes that the work will not have any effect on flood storage
capacity and clarifies that the pool does not play into the calculations for flood storage capacity.
The Commission asks about the intermittent status of the stream and whether there is any
Bordering Vegetated Wetlands. The Commission schedules a site visit for Thursday, June 24,
2021 at 6:15 p.m. There were no comments from members of the public. Herbster moves to
continue the hearing to the July 13, 2021 meeting. Seconded by Alden-St. Pierre. The motion
carries 5-0.
New: 6 Cavendish Square,No DEP File # as ofpostinz—Jefffrey& Me2an Williams
Documents Reviewed: Notice of Intent Application by Wetlands and Land Management, dated
June 1, 2021, and Site Plan by LeBlanc Survey Associates Inc, dated May 28, 2021
Beverly Conservation Commission
June 15, 2021 Meeting Minutes
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Pirrotta reads the legal notice. Bill Manuell of Wetlands and Land Management, representing the
applicant, explains the project to construct an above ground pool,patio, and landscaping, noting
that about 47 yards of fill will be brought in to raise the grade of the backyard about 18 inches on
the outer edge, with a low boulder wall. Manuell describes the proposed mitigation to control the
existing invasive bittersweet growing in the area. Manuell clarifies that the intent of removing
the invasive bittersweet is for the area to become naturally vegetated.
Martin Greenstein, 65 Cross Lane, refers to a letter from Manuell to the Commission in response
to an Enforcement Order, dated May 27, 2021 regarding vegetation clearing. Greenstein
comments that several trees were also removed in this process and expresses his concern about
the brook flooding, disturbance of wildlife, and the use of Roundup. Deborah Greenstein, 65
Cross Lane provides similar comments noting her concern regarding the preservation of wildlife
habitat and privacy caused by the vegetation removal in the easement. Ken Hartman, 63 Cross
Lane, expresses concern with recent vegetation removal and requests that the Commission look
at the trees cut down behind the stockade fence on their site visit.
The Commission schedules a site visit for Saturday, June 26, 2021 at 8:00 a.m. Alden-St. Pierre
moves to continue the hearing to the July, 13, 2021 meeting. Seconded by Squibb. The motion
carries 5-0.
Cont.: 10 Fieldstone Lane, DEP File#5-1335—Lisa Ambrosino
Documents Reviewed: Notice of Intent Application by LEC Environmental, dated May 4, 2021
and Site Plan by Massachusetts Survey Consultants, revised dated May 27, 2021
Rich Kirby of LEC Environmental, representing the applicant, recaps the project to construct a
garage and living space addition and deck. Kirby recalls that the Commission held a site visit and
that a revised plan was provided showing the area of the relocated shed and the plant list was
corrected. The owner raised recent concern about needing to remove or prune one of the trees on
the property and asked that the Commission consider including a condition to allow its removal
if necessary. There were no comments from members of the public. There being no further
questions or comments, Herbster moves to close the hearing. Seconded by Alden-St. Pierre. The
motion carries 5-0.
Reconvene Regular Meeting
Squibb moves to reconvene the regular meeting. Seconded by Herbster. The motion carries 5-0.
Requests for Determination of Applicability
Cont.: 17 Columbia Road— after-the-fact deck and patio installation—Me2han & Michael
Jones
Documents Reviewed: Request for Determination of Applicability Application, with associated
attachments and plans,revised dated May 26, 2021
Beverly Conservation Commission
June 15, 2021 Meeting Minutes
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Applicant Meghan Jones notes that since the last meeting, LEC Environmental delineated the
wetlands and that she added the wetland line to the plan. Jones clarifies that some stones were
placed under the deck. Bertoni notes discrepancy between the wetland line from LEC and that
provided on the aerial photo with the work area. Commissioners express the need for a better
plan showing the work in relation to the wetland and its buffers. Jones expresses the need for
more time to provide necessary documentation to the Commission. Alden-St. Pierre moves to
continue the hearing to the July, 13, 2021 meeting. Seconded by Squibb. The motion carries 5-0.
New: 4 Fern Street— Christine Malone
Documents Reviewed: Request for Determination of Applicability Application and plan by Oak
Consulting Group, dated May 24, 2021
Pirrotta reads the legal notice. Sean Malone of Oak Consulting Group, representing the applicant,
explains the project to construct a new farmer's porch. Malone notes that the work is in an area
of existing lawn. Malone clarifies that the stream behind the property is intermittent in this area,
though perennial elsewhere,per the USGS map. Bertoni reads suggested conditions for the
project. Buchsbaum moves to issue a Negative 3 Determination under the Act and Ordinance,
with the conditions as discussed. Seconded by Squibb. The motion carries 5-0.
Requests for Certificate of Compliance
Cont.: 875 Hale Street, DEP File#5-1038— 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 dated October 27, 2020, As Built
plan from Hayes Engineering revised dated May 12, 2021 and Final Drainage Report dated April
2, 2021
Applicant Jeff Rhuda requests a Certificate of Compliance for the completed subdivision work.
Rhuda clarifies that there were some outstanding items from when he originally submitted the
request and he now has the updated plan and stormwater reporting information. The Planning
Board has recently approved the final closeout. In response to Buchbaum's question, Rhuda
notes there is a fence with signs posted"Open Space, Do Not Disturb" to prevent landscapers
from mowing the area. Squibb moves to issue a complete Certificate of Compliance with the
perpetual conditions as discussed. Seconded by Herbster. The motion carries 5-0.
Cont.: 44 Prince Street, DEP File#5-910— construct house addition, relocate 2arne,
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 Bocce court has
been sodded and that work is complete and requests the Commission issue a complete Certificate
Beverly Conservation Commission
June 15, 2021 Meeting Minutes
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of Compliance. Herbster moves to issue a complete Certificate of Compliance with the perpetual
conditions as discussed. Seconded by Squibb. The motion carries 5-0.
Cont.: 16 Fosters Point, DEP File#5-819—Maintain existing pier and construct 2an2way
and floats in Salt Marsh of Danvers River—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
Pirrotta notes that the applicant requested to continue to the July 13, 2021 meeting. Herbster
moves to continue to the July 13, 2021 meeting. Seconded by Alden-St. Pierre. The motion
carries 5-0.
Old/New/Other Business
Minor Modification to Order of Conditions
New: 5 Wed2emere Road, DEP File#5-1297
Documents Reviewed: Request for Minor Modification to the Order of Conditions dated May 28,
2021
Applicant Kirsten Lindeman explains the project for additions to the house, deck, and patio and
the recent changes to the plan. Lindeman notes that the addition to the side of the house and the
associated walkway will no longer be constructed. There being no further questions or
comments, Squibb moves to approve the minor modification to the Order of Conditions as
discussed. Seconded by Herbster. The motion carries 5-0.
Enforcement Orders
Cont.: 11113 Bay View Avenue
Documents Reviewed: Restoration Plan by Griffin Engineering, dated December 21, 2020
Bob Griffin of Griffin Engineering, representing the applicant, notes that he is working on plan
revisions based on the Commission site visit, and that the plan should be provided to the
Commission before the July 13, 2021 meeting. Buchsbaum moves to issue an updated
Enforcement Order with a revised date of submittal for July 6, 2021. Seconded by Herbster. The
motion carries 5-0.
Cont.: 128 Boulder Lane
Documents Reviewed: Plan showing approximate work area and wetland buffers, dated April 27,
2021,photos from the applicant dated June 14, 2021
Beverly Conservation Commission
June 15, 2021 Meeting Minutes
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Bertoni recuses herself from the meeting and leaves the room. Owner Gary Corsetti, notes that
all work has ceased and that members of the Commission had visited the site, directives had been
followed, and requests the Commission lift the Enforcement Order. Corsetti provided a photo of
the additional straw wattle that was installed along the roadway. The Commission asks about
future plans at the site and Corsetti offered that he hired Griffin Engineering to handle any
required filings for a proposed greenhouse at the site. There being no further questions, Squibb
moves to lift the Enforcement Order. Seconded by Alden-St. Pierre. The motion carries 4-0.
Cont.: 0 Netherton Avenue
Pirrotta reports that Hancock Associates was retained by the applicant to complete the restoration
plan, but that the surveyors are delayed. Buchsbaum moves to issue an updated Enforcement
Order with the new date for submittal of the restoration plan by July 27, 2021. Seconded by
Squibb. The motion carries 5-0.
62 South Terrace
Bob Griffin of Griffin Engineering, representing the applicant, displays an existing conditions
plan and explains the past renovation of the house, noting that work is completed. Griffin
clarifies what work was under the approved Order of Conditions and what deviates, noting which
items he would recommend to complete. Griffin notes the intertidal area is gravel and that it is
unlikely that salt marsh grass would thrive there. He asks that the Commission consider the
outstanding items be permitted to be completed under a restoration plan instead of a Notice of
Intent. Buchsbaum moves to modify the Enforcement Order to have a restoration plan submitted
for the July 13, 2021 meeting deadline. Seconded by Herbster. The motion carries 5-0.
Potential Violations, If Anv
9 1 R Hale Street
Buchsbaum describes changes occurring at this site over the years and moves to issue a cease
and desist letter to the owners, requesting they appear before the Commission and explain this
un-permitted activity. Seconded by Herbster. The motion carries 5-0.
Minor Proiect Permits, If Anv
57 Sonning Road
Pirrotta reports that the project is to replace existing above ground pool, with a smaller one that
would be in the same footprint. An RDA was filed in the past for the original installation. The
Commission reported no objections.
13 Holly Lane
Pirrotta reports that the project is for the replacement of existing deck same footprint and no
expansion. The Commission reported no objections.
161 Hart Street
Beverly Conservation Commission
June 15, 2021 Meeting Minutes
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Pirrotta reports that the project is also for the replacement of existing deck same footprint and no
expansion. The Commission reported no objections.
Independence Park
Pirrotta reports Harbor Management Authority is proposing to install a viewing post within the
100 Foot Buffer. The Commission reported no objections.
Other: Discussion or Action Items Related to Commission Business, Correspondence, etc.
Received/Issued After Publication of Agenda, If Any
Buchsbaum notes his appointment to the Community Preservation Committee is expiring in July,
but that he is willing to continue to serve on the Committee as the Conservation Commission
representative. Alden-St. Pierre nominates Buchsbaum to serve as the representative. Seconded
by Bertoni. The motion carries 5-0.
Alden-St. Pierre reports that the Open Space and Recreation Committee is interested in
submitting a proposal for small scale trail activities, which would outline the guidelines for trail
work and which items would not require individual review,provided the conditions are met. The
Commission discusses the level of design that would be required and Alden-St. Pierre refers to
examples from other communities that could be pulled from. Pirrotta notes that the City would
want a department head to submit proposals rather than committees. Bertoni notes using planks
to cross wet areas could be a temporary solution while working towards something more
permanent,provided the bank is not disturbed.
Approval of Minutes (as available)
March 16, 2021
The Commission reviews the draft minutes and offers edits. Herbster moves to approve the
March 16, 2021 minutes as amended. Seconded by Squibb. The motion carries 5-0.
May 18, 2021
The Commission reviews the draft minutes and offers edits. Herbster moves to approve the May
18, 2021 minutes as amended. Seconded by Buchsbaum. The motion carries 5-0.
May 24, 2021
The Commission reviews the draft minutes. Alden-St. Pierre moves to approve the May 24, 2021
minutes as written. Seconded by Squibb. The motion carries 5-0.
Orders of Conditions, If Any
163 & 167 West Street, DEP File#5-1323 —Marc & Heather Hazel
The Commission recalls the project details and discusses suggested conditions. Alden-St. Pierre
moves to issue an Order of Conditions under the MA Wetland Protection Act and Beverly
Wetland Protection Ordinance as discussed, including the standard general and perpetual
conditions. Seconded by Herbster. The motion carries 5-0.
Beverly Conservation Commission
June 15, 2021 Meeting Minutes
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573 Hale Street, DEP File#5-1333—Jonathan Loring, Trustee
The Commission recalls the project details and discusses suggested conditions. Alden-St. Pierre
moves to issue an Order of Conditions under the MA Wetland Protection Act and Beverly
Wetland Protection Ordinance as discussed, including the standard general and perpetual
conditions. Seconded by Herbster. The motion carries 5-0.
4 McPherson Drive & 1 Dock Lane, DEP File#5-1336—Kearsar2e Beverly LLC c/o
Andrew Bernstein
The Commission recalls the project details and discusses suggested conditions. Buchsbaum
moves to issue an Order of Conditions under the MA Wetland Protection Act and Beverly
Wetland Protection Ordinance as discussed, including the standard general and perpetual
conditions. Seconded by Squibb. The motion carries 5-0.
10 Fieldstone Lane, DEP File#5-1335—Lisa Ambrosino
The Commission recalls the project details and discusses suggested conditions. Herbster moves
to issue an Order of Conditions under the MA Wetland Protection Act and Beverly Wetland
Protection Ordinance as discussed, including the standard general and perpetual conditions.
Seconded by Squibb. The motion carries 5-0.
50 Dunham Road, DEP File# 5-1334—50 DR, LLC c/o Damien Savoie
The Commission recalls the project details and discusses suggested conditions. Squibb suggests
that more than 2 signs be placed since the site has a vernal pool. Bertoni suggests that additional
information be provided if the 6fh tree needs to be removed. Squibb moves to issue an Order of
Conditions under the MA Wetland Protection Act and Beverly Wetland Protection Ordinance as
discussed, including the standard general and perpetual conditions. Seconded by Herbster. The
motion carries 4-1, with Bertoni voting no.
57 Lothrop Street, DEP File#5-1338—Joseph & Kathryn DiPietro
The Commission recalls the project details and discusses suggested conditions. Herbster moves
to issue an Order of Conditions under the MA Wetland Protection Act and Beverly Wetland
Protection Ordinance as discussed, including the standard general and perpetual conditions.
Seconded by Alden-St. Pierre. The motion carries 5-0.
Adiournment
Alden-St. Pierre moves to adjourn at 11:06 p.m. Seconded by Herbster. The motion carries 5-0.
The next regular meeting of the Conservation Commission is Tuesday, July 13, 2021 at 7:00
p.m.