4_6_21 Con Com Minutes - final Beverly Conservation Commission
April 6, 2021 Meeting Minutes
Page 1 of 7
CITY OF BEVERLY
PUBLIC MEETING MINUTES
BOARD OR COMMISSION: Beverly Conservation Commission
SUBCOMMITTEE:
DATE: April 6, 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
MEMBERS ABSENT: Richard Grandoni
OTHERS PRESENT: Environmental Planner Jenna Pirrotta
RECORDER: Sarah Scott-Nelson
Call to Order
Bertoni calls the meeting to order at 7:01 p.m. Berton 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.
Waring School soccer field encroachment, 0 Rear Standley Street(Man 59 Lot 4)
Timothy Bakland, Waring School Headmaster, introduces the topic of the encroachment and
recaps history of the site. Mayor Cahill introduces Lawrence Coolidge,heir of the donor's estate
and invites him to speak about the property that his grandmother, Edith Miles donated to the
City. Coolidge speaks in favor of the land swap as a means to resolve the encroachment dispute.
Bertoni seeks clarification regarding why this issue is being discussed again after the
Commissions' previous vote on the same topic. Coolidge replies that he has since spoken with
Greenbelt, who were also in favor of the land swap. City Solicitor Stephanie Williams notes that
she had previously provided a letter to the Commission which outlines the steps that would be
needed to pursue the land swap and that the Waring School is coming to the Commission first
seeking input on approval before the City goes forward with the court process, since the property
is a public charitable trust. Bertoni requests a separate public hearing be scheduled for this issue
to receive input from the public. Tom Harrington representing Waring School, describes the
necessary steps needed to finalize a land swap and requests that all sitting members of the
Commission be present for the hearing as a unanimous vote in favor of the swap would be
needed to meet the Article 97 requirements. In response to Squibb's question, Harrington notes
that Waring could discuss including additional land in consideration of a land swap.
Squibb moves to schedule a hearing when all members can be present. Seconded by Buchsbaum.
Bertoni takes a roll call vote. The motion carries 5-0.
Recess for Public Hearings
Buchsbaum moves to recess for public hearings. Seconded by Herbster. Bertoni takes a roll call
vote. The motion carries 5-0.
Beverly Conservation Commission
April 6, 2021 Meeting Minutes
Page 2 of 7
Notices of Intent/Abbreviated Notices of Intent/Reauests for Amended Orders of
Conditions
Cont.: 0 Virginia Avenue/7R Kennedy Drive,DEP File#5-1319—Hickory Hill LLC
Documents reviewed: Notice of Intent Application and associated attachments dated February 1,
2021, revised plans and HydroCAD report dated March 25, 2021
Jesse Blanchette of Griffin Engineering, representing the applicant, recaps the project to
construct a single-family residence with associated deck, driveway, utilities, and landscaping.
Blanchette notes the Commission held a site visit on March 20, 2021 at Sam and describes the
plan changes in response to abutter concerns,including addition of a second drywell and
mitigation plantings. Bertoni asks about the location and intent of the berm. There being no
further questions or comments from Commissioners or members of the public,Herbster moves to
close the hearing. Seconded by Squibb. Bertoni takes a roll call vote. The motion carries 5-0.
Cont.: 167 West Street,DEP File#5-1323— construct a pier, 2an2way, and floating dock—
Marc & Heather Hazel
Documents Reviewed: Notice of Intent Application and site plan by Griffin Engineering, dated
February 8, 2021
Pirrotta notes that the applicant requested to continue the discussion to the April 27, 2021
hearing as they are still working on plan revisions. Alden-St. Pierre moves to continue the
hearing to the April 27, 2021 meeting. Seconded by Squibb. Bertoni takes a roll call vote. The
motion carries 5-0.
Cont.: 31 Foster Street,DEP File#5-1320— construct addition to existing single-familv
house—Nicholas Masotta
Documents Reviewed: Notice of Intent Application by LEC Environmental, dated February 8,
2021 and site plan by Hawthorne Land Survey Services Inc,revised dated April 5, 2021
Rich Kirby of LEC Environmental,representing the applicant, explains plan changes after the
Commission's March 20, 2021 site visit. Berton clarifies the intent of the playground to be a
temporary structure. There being no further questions or comments from Commissioners or
members of the public, Alden-St. Pierre moves to close the hearing. Seconded by Squibb.
Bertoni takes a roll call vote. The motion carries 5-0.
Cont.: 8 Whitaker Way,DEP File#5-1326—construct a 2ara2e and addition,with
associated site work—David Smith
Documents Reviewed: Notice of Intent Application by George Zambouras, P.E., dated March 3,
2021; site plan revised dated March 30, 2021
Beverly Conservation Commission
April 6, 2021 Meeting Minutes
Page 3 of 7
George Zambouras, representing the applicant, recaps the proposed project and the results of the
Commission's site visit on March 20, 2021. Zambouras describes the location of the erosion
controls including jute netting and the placement of the garage in relation to the slope.
Buchsbaum notes concern with the steep slope and suggests including a condition that slope be
demonstrably stable. There being no further questions or comments from Commissioners or
members of the public, Herbster moves to close the hearing. Seconded by Squibb. Bertoni takes
a roll call vote. The motion carries 5-0.
Cont.: 175 & 179 West Street, DEP File #5-1324—Schulmeyer 2011 Irrevocable Trust
Documents Reviewed: Notice of Intent Application by Hancock Associates, dated February 26,
2021; site plans, revised dated March 22, 2021
David Cowell of Hancock Associates,representing the applicant, explains the project to conduct
landscaping and hardscaping and to construct a sports court and outdoor kitchen. Cowell notes
that the Commission held a site visit on March 20, 2021 and describes plan changes including
removing proposed work from the 25-Foot No Disturbance Zone. The Commission clarifies that
work on the seawall is not part of this plan and discusses the licensing process needed for work
on the seawall. Buchsbaum asks whether the sports court would be permeable and Bertoni asks
about the vacuuming or other required surface maintenance of the court. Jacob Lemieux of
Hancock Associates describes the expected maintenance schedule of the sports court including
light sweeping. Cowell refers to the outstanding Orders of Conditions at the property and the
Commission suggests that Certificates of Compliance for the outstanding Orders be submitted
simultaneously, once the work is complete. There being no further questions or comments from
Commissioners or members of the public, Alden-St. Pierre moves to close the hearing. Seconded
by Squibb. Bertoni takes a roll call vote. The motion carries 5-0.
Cont.: 7 Iverson Road, DEP File #5-1325— construct a retaining wall, shed, and patios,
with associated landscaping and appurtenances—Mark Spooner
Documents Reviewed: Notice of Intent Application by Mark and Molly Spooner, dated March 2,
2021; Landscape Plan by Modern Homestead Design, dated March 2, 2021
Pirrotta reports that the Commission has not yet received additional information, as requested.
Herbster moves to continue to the April 27, 2021. Seconded by Buchsbaum. Bertoni takes a roll
call vote. The motion carries 5-0.
Reconvene Regular Meeting
Squibb moves to reconvene the regular meeting. Seconded by Bertoni. Bertoni takes a roll call
vote. The motion carries 5-0.
Requests for Determination of Applicability
Cont.: 56 Standley Street—construct a deck and addition—Jackeline &Alessandro
DeFreitas
Beverly Conservation Commission
April 6, 2021 Meeting Minutes
Page 4 of 7
Documents Reviewed: Request for Determination of Applicability by Jackeline and Alessandro
DeFreitas, dated February 8, 2021; site plan by Marchionda&Associates, L.P., dated December
15, 2020
Applicant Jackeline DeFreitas recaps the proposed work for the construction of addition, deck,
and patio and introduces her contractor, Rodrigo. Bertoni asks about the increase in impervious
surfaces and change in overall work footprint. The Commission notes that the proposed patio is
not shown on the plan. DeFreitas asks that the Commission approve the plan without the patio
and she will return for approval of the patio at a later time. Buchsbaum suggest that the patio and
planting area be shown on a separate plan for the future request. There being no further questions
or comments, Buchsbaum moves to issue a Negative 3 Determination with the conditions as
discussed. Seconded by Squibb. Bertoni takes a roll call vote. 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 and As Built plan from Hayes
Engineering, dated October 27, 2020
Pirrotta reports that the applicant requested to continue to the following meeting, in order to
complete outstanding stormwater inspections. Herbster moves to continue to the April 27, 2021
meeting, seconded by Squibb. Bertoni takes a roll call vote. The motion carries 5-0.
Cont.: 44 Prince Street,DEP File#5-910— 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, was not able to attend the
meeting, but Pirrotta reports Griffin discussed removal of the unpermitted Bocce court with the
applicant,who was amenable to that approach in favor of receiving a complete Certificate of
Compliance. Since the Order is expired, Squibb moves to issue an Enforcement Order for
complete removal of the Bocce court and for a planting plan to be submitted by the April 27,
2021 meeting. Seconded by Alden-St. Pierre. Bertoni takes a roll call vote. The motion carries 5-
0. Squibb moves to continue to the April 27, 2021 meeting. Seconded by Buchsbaum. Bertoni
takes a roll call vote. The motion carries 5-0.
Old/New/Other Business
Enforcement Orders
Cont.: 11113 Bay View Avenue
Beverly Conservation Commission
April 6, 2021 Meeting Minutes
Page 5 of 7
Bob Griffin of Griffin Engineering was not in attendance, but Pirrotta reports he suggested the
Commission schedule a site visit for an upcoming Saturday. The Commission tentatively
schedules a site visit for 8:00 a.m. on April 17, 2021. Herbster moves to continue to the April 27,
2021 meeting. Seconded by Alden-St. Pierre. Bertoni takes a roll call vote. The motion carries 5-
0.
New: 128 Boulder Lane
Bertoni recuses herself from this item and Buchsbaum chairs the meeting for this item. Pirrotta
summarizes the project, noting information from a concerned abutter about the work onsite. The
Commission received a response from the owner acknowledging receipt of the Enforcement
Order and that they are working on providing the information requested by the Commission but
that they were unable to attend the meeting that evening.Alden-St. Pierre moves to continue the
discussion to the April 27, 2021 meeting. Seconded by Herbster. Buchsbaum takes a roll call
vote. The motion carries 4-0.
New: 0 Netherton Avenue
Owner Anthony Gaglione explains the work he had done, including addition of fill, without
realizing the regulations and is willing to work with the Commission to fix this violation. Bertoni
asks about the quantity of fill. Gaglione comments that he does not have an exact measurement,
but that it is at least 100 feet long and that it is not yet spread and leveled. Bertoni notes that the
wetlands need to be delineated and this work is in violation with the Wetlands Protection Act and
Beverly Wetlands Protection Ordinance. The Commission discusses the need for a restoration
plan to be prepared by a wetlands professional. Members express concern with immediate need
to install erosion controls and ask whether water is pooling up. The Commission schedules a site
visit for 9:00 a.m. on April 17, 2021.
Herbster moves to amend the Enforcement Order to include the preparation of a restoration plan
to be submitted no later than May 11, 2021 for review at the May 18, 2021 meeting,with an
update to be provided on the April 27, 2021 meeting. Seconded by Alden-St. Pierre. Bertoni
takes a roll call vote. The motion carries 5-0.
Potential Violations,If Any
22 Hobart Avenue
Pirrotta explains the letter sent to the Commission from Patrick Heffernan, attorney of the Emily
Barnes, 20 Hobart Avenue. The letter expresses concerns on location of a parking area within the
25-Foot No Disturbance Zone, next to coastal bank. Pirrotta notes that based on aerial
photography, the area appears to have been used as parking for at least 20 years. Berton notes
that it is a private section of the road and there are situations throughout Beverly with existing
parking areas within the 25-Foot No Disturbance Zone. Alden-St. Pierre moves that the
Commission take no action on this letter. Seconded by Buchsbaum. Bertoni takes a roll call vote.
The motion carries 5-0.
Beverly Conservation Commission
April 6, 2021 Meeting Minutes
Page 6 of 7
62 South Terrace
The Commission discusses the violations regarding apparent recent work on the seawall,
conditions of an expired Enforcement Order not being met, and floating docks on the beach.
Buchsbaum moves to issue an Enforcement Order for proper float storage and to address the
work under the expired Order of Conditions. Seconded by Herbster. Bertoni takes a roll call vote.
The motion carries 5-0.
57 Lothrop Street
The Commission asks about an update to the Enforcement Order for unauthorized work on the
bank. Pirrotta reports that the owner has reached out to consultants, but due to their current
workloads asked for additional time to complete the Notice of Intent.
Tree Removals, If Anv
17 Norwood Pond Road/21 Beaver Pond Road
Pirrotta describes the request to remove one red maple and one locust tree. Alden-St. Pierre
moves to approve the request with the conditions as discussed. Seconded by Herbster. Bertoni
takes a roll call vote. The motion carries 5-0.
Minor Proiect Permits,If Any
McPherson Drive—National Grid
Pirrotta explains work for the installation of a single utility pole within the 200-Foot Riverfront
Area and 100-Foot Buffer. The Commission reported no objections.
MassDOT Letter
Pirrotta reports the Commission received a letter from Mass Department of Transportation, dated
March 22, 2021 regarding Massachusetts Bay Transportation Authority's (MBTA)
implementation of an Automatic Train Control system on its commuter rail network as part of
the Positive Train Control system project. The letter notifies the Commission about the work
which is considered exempt with no response required.
Sally Milligan ecological inventory
Pirrotta recaps the Commission's past site walk to review the location of a proposed new trail at
Sally Milligan Park,including the Commission's desire to perform an ecological inventory
before entertaining an RDA for the installation of the necessary stream crossing. Buchsbaum
suggests that this item be revisited in early June and that David Brewster on the Open Space and
Recreation Committee be involved. Pirrotta suggests that this item be raised again at the May 4,
2021 OSRC meeting so that Buchsbaum and Brewster could coordinate schedules.
Orders of Conditions,If Anv
175 & 179 West Street
The Commission recalls the details of the proposed project and discusses the suggested special
conditions for this project to be issued in addition to the standard general and perpetual
conditions. Herbster moves to issue the Order of Conditions with the conditions as discussed,
Beverly Conservation Commission
April 6, 2021 Meeting Minutes
Page 7 of 7
under both the Wetlands Protection Act and Beverly Wetlands Protection Ordinance. Seconded
by Squibb. Berton takes a roll-call vote. The motion carries 5-0.
8 Whittaker Way
The Commission recalls the details of the proposed project and discusses the suggested special
conditions for this project to be issued in addition to the standard general and perpetual
conditions. Buchsbaum moves to issue the Order of Conditions with the conditions as discussed,
under both the Wetlands Protection Act and Beverly Wetlands Protection Ordinance. Seconded
by Herbster. Bertoni takes a roll-call vote. The motion carries 5-0.
31 Foster Street
The Commission recalls the details of the proposed project and discusses the suggested special
conditions for this project to be issued in addition to the standard general and perpetual
conditions. Alden-St. Pierre moves to issue the Order of Conditions with the conditions as
discussed, under both the Wetlands Protection Act and Beverly Wetlands Protection Ordinance.
Seconded by Buchsbaum. Bertoni takes a roll-call vote. The motion carries 5-0.
0 Virginia Avenue/7R Kennedy
The Commission recalls the details of the proposed project and discusses the suggested special
conditions for this project to be issued in addition to the standard general and perpetual
conditions. Buchsbaum moves to issue the Order of Conditions with the conditions as discussed,
under both the Wetlands Protection Act and Beverly Wetlands Protection Ordinance. Seconded
by Alden-St. Pierre. Bertoni takes a roll-call vote. The motion carries 5-0.
Adiournment
Alden-St. Pierre moves to adjourn at 10:32 p.m. Seconded by Buchsbaum. Bertoni takes a roll-
call vote. The motion carries 5-0. The next regular meeting of the Conservation Commission is
Tuesday, April 27, 2021, to be held virtual over Google Meet