08_03_2021 Con Com Minutes - final Beverly Conservation Commission
August 3, 2021 Meeting Minutes
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CITY OF BEVERLY
PUBLIC MEETING MINUTES
BOARD OR COMMISSION: Beverly Conservation Commission
SUBCOMMITTEE:
DATE: August 3, 2021
LOCATION: Beverly City Hall, 3rd Floor Council Chambers,
191 Cabot Street, Beverly, MA 01915
MEMBERS PRESENT: Chair Christine Bertoni, Vice Chair Robert Buchsbaum,
David Alden-St. Pierre
MEMBERS ABSENT: William Squibb
OTHERS PRESENT: Director of Planning Darlene Wynne
RECORDER: Stacia Chamberlain
1. Bertoni calls the meeting to order at 7:02 p.m.
2. Recess for Public Hearings
Buchsbaum moves to recess for public hearings. Seconded by Alden St. Pierre. The motion
carries 3-0.
3. Notices of Intent/Abbreviated Notices of Intent/Reguests for Amended Orders of
Conditions
a. Continued: 55 Thissell Street,DEP File#5-1339—construct in ground pool, gravel
parking,pumped sewer system, and associated appurtenances —Jerome & Kristin
Kyllingstad
Documents Reviewed: Documents Reviewed: Notice of Intent Application dated June 1,
2021 and revised Site Plan by Griffin Engineering and Landscape Plan by Laura Rutledge,
dated July 27, 2021
Bob Griffin of Griffin Engineering representing the applicant presents the revised plan, and
recaps the Commission's site visit. Griffin notes that the repair of the stone wall is now
included on the plan, stormwater will run into the municipal drainage system, specific trees
are now slated to be saved, and certain trees along the back of the pool and shed will be
removed. A revised landscape plan by Laura Rutledge was also provided and Griffin presents
the changes. Bertoni asks for clarification on the trees to be removed. Griffin clarifies that the
sewer work will be carried out by the applicant and not the City. Buchsbaum asks about the
landscaping plan, and clarification on certain varieties.
There being no further questions from the Commission nor comments from the public,
Buchsbaum moves to close the hearing. Seconded by Alden-St. Pierre. The motion carries 3-
0.
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b. Continued: 175 & 179 West Street,DEP File #5-1342—seawall reconstruction,fence
replacement,landscaping— Schulmeyer 2011 Irrevocable Trust c/o Gerhard
Schulmeyer
Documents Reviewed: Notice of Intent Application by Hancock Associates and Demolition
& Erosion Control Plan and Site Plan dated June 28, 2021
David Cowell of Hancock Associates, representing the applicant,recaps the project. He
refers to Mass DEP comments regarding wave reflection. Cowell states that the seawall
needs to be raised to protect the property for resiliency planning. The seawall at the adjacent
property is 2 feet higher and raising the wall at the subject property to match the height
would not cause wave reflection onto abutting properties. Charlie Wear of Hancock
Associates, clarifies that raising the wall will not deflect additional water onto adjacent
properties. Buchsbaum asks how often the wall is breached and Wear notes that it occurs
frequently and has become a problem as the water flows above the wall, eroding the wall and
the yard beyond. Buchsbaum asks whether the bank is a sand source, which Wear clarifies
that it is not. Bertoni and Buchsbaum request a memorandum explaining that the applicant
completed due diligence to address DEP's concerns.
There being no further questions from the Commission nor comments from the public,
Buchsbaum moves to close the hearing. Seconded by Alden- St. Pierre. The motion carries 3-
0.
c. New: 58 West Street,No DEP File # as of posting—replace an existing deck,
walkway, and steps, and construct a new patio—Patrick J. Carlucci
Documents Reviewed: Notice of Intent Application by Hancock Associates and Plan of Land
to Accompany NOI dated July 20, 2021
David Cowell of Hancock Associates, representing the applicant provides an overview of the
project and notes that there is no DEP file number yet. Cowell explains that the performance
standards for Bordering Land Subject to Flooding will be met, as there will be no change in
grade. The applicant wants to put in an outdoor play structure and would replace 6 to 12
inches of soil with play sand. They would also like to put in a perimeter fence and will not be
removing trees or shrubs to square off the property lines. The rear slope on the south side of
the property would be replanted with native species and stabilized. Cowell proposes white
cedar along the south property line. The Commission confirms they want to hold a site visit.
Bertoni asks how they would ensure that there would be no volumetric displacement along
the floodplain; Cowell clarifies that they could have a survey conducted for due diligence.
Bertoni asks whether the fence can be removed from the 25-Foot No Disturbance Zone and
Cowell affirms it can. Bertoni asks whether there are any changes to the retaining walls.
Cowell states that there is a proposed retaining wall and will clarify this for the next hearing.
Liz Gibbons, 56 West Street, states she is in favor of the project and it will improve the
vegetation in the area. She asks whether the work will require construction access through
her property, and if it will affect the wetlands on her property. Bertoni clarifies that the
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Commission will request details on this. Gibbons also asks about the fence material; Cowell
is not sure. Berton states that that detail should also be included in the presentation.
The Commission schedules a site visit for Monday, August 9, 2021 at 5pm.
There being no further questions or comments, Alden-St. Pierre moves to continue the
hearing to the August 24, 2021 meeting. Seconded by Buchsbaum. The motion carries 3-0.
d. New: 16 Fosters Point, DEP File #5-1304—request to amend Order of Conditions —
Julie Tsakirgis
Documents Reviewed: Request to Amend Order of Conditions dated July 21, 2021 and Site
Plan of Land revised dated July 19, 2021 by Hancock Associates; Foundation Plan by RAC
&Assoc., Inc, dated June 20, 2021
David Cowell of Hancock Associates representing the applicant, describes the amendment
request, including replacement of the structure, including the foundation. Contractor Kurt
Boggia discusses the events leading up to the change, noting that during demolition, the sill
plates were discovered to be rotten and some of the foundation was dilapidated. The City
Building Inspector told Boggia that he needed a modification to the building permit. The
Zoning Board of Appeals approved the minor change, however the permit will not be issued
until the Commission also approves the change.
Bertoni asks about the silt sack; it appears that the filter sock should be in place and it is not.
Owner Julie Tsakirgis says that she alerted the Building Department that there was flooding
in the roadway, not from work at her property. Wynne recommends they report it to the
Department of Public Services on the City website for expediency. Bertoni clarifies that she
hoped that the contractor would have already removed construction debris to prevent
flooding; Boggia states that they have and will continue to do so.
There being no further questions or comments, Buchsbaum moves to close the hearing.
Seconded by Alden-St. Pierre. The motion carries 3-0.
4. Reconvene Regular Meeting
Buchsbaum moves to reconvene the regular meeting. Seconded by Alden-St. Pierre. The
motion carries 3-0.
5. Requests for Determination of Applicability
a. Continued: 36 Middlebury Lane— remove existing deck; construct screen porch,
multi-level deck, and patio—Kevin &Jennifer Wagner
Documents Reviewed: Request for Determination of Applicability Application,with
associated attachments and plans by Griffin Engineering, dated June 24, 2021
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Upon request of Griffin Engineering on behalf of the applicant, Alden-St. Pierre moves to
continue the request to the August 24, 2021 meeting. Seconded by Buchsbaum. The motion
carries 3-0.
b. New: 20 Bay View Avenue—contaminated soil remediation—US Coast Guard Civil
Engineering Unit, c/o Michael Andrews
Documents Reviewed: Request for Determination of Applicability Application, with
associated attachments and plans by Renova Environmental, dated July 22, 2021
Wynne reads the legal notice.
Kelly Giles of Renova Environmental Company, representing the applicant, presents the
proposal. The restoration of the property includes excavation of soil contaminated with lead.
Bertoni asks if lead abatement has been completed; Giles confirms that it was. Giles states
that 550 tons of soil would be removed. Bertoni asks about site access; Giles says that they
will use the driveway and the pedestrian walkway on the north side of the property, and may
remove a fence to allow for machinery access. Giles clarifies that their company is doing the
soil contamination removal, and that a Massachusetts Licensed Site Professional will ensure
that all of the contaminated soil is removed. Bertoni expresses concern with review under a
Request for Determination of Applicability and believes that this project requires a Notice of
Intent due to the scope of the work and proximity to the ocean.
There being no further questions, Alden-St. Pierre moves to issue a Positive Determination
requiring filing of a Notice of Intent. Seconded by Buchsbaum. The motion carries 3-0.
c. New: 15 Cornell Road— remove in-ground swimming pool—Carol Gould
Documents Reviewed: Request for Determination of Applicability Application, with
associated attachments and plans by Carol Gould, dated July 19, 2021
Wynne reads the legal notice.
Applicant Carol Gould, describes the proposed project including removal of the fiberglass
pool and the concrete surrounding it. Bertoni asks if the access to the property for crew is
readily available; Gould clarifies that the driveway does allow for trucks and the crew to
access the site with their equipment. Bertoni asks how much fill will be needed; Gould is
uncertain on the amount but notes that the fill would be `clean'. Buchsbaum asks about
landscaping, and Alden-St. Pierre clarifies that the contractor email says it will be seeded.
Bertoni requests that they notify the Conservation Agent, with information on how much
material was removed.
There being no further questions, Bertoni makes a motion to issue a Negative 3
Determination with the conditions as discussed. Seconded by Buchsbaum. The motion
carries 3-0.
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d. New: 29 Foster Street—replace existing stairs and retaining wall gardens,install
plantings —Chester Walsh
Documents Reviewed: Request for Determination of Applicability Application, with
associated attachments by Chester Walsh, dated July 15, 2021
Wynne reads the legal notice.
Applicant Chett Walsh states that the work is already complete and that the site is stable.
Walsh recaps that the after-the-fact Request for Determination of Applicability was filed in
response to the Commission's Enforcement Order and will document and approve the
completed work. The Commission confirms there is no further work planned and that
herbicides will not be used on the Japanese knotweed.
There being no further questions, Buchsbaum makes a motion to issue a Negative 3
Determination with the conditions as discussed. Seconded by Alden-St. Pierre. The motion
carries 3-0.
6. Old/New/Other Business
a. Minor Modification to Order of Conditions
i. New: 175 Elliott Street, DEP File #5-1281
Documents Reviewed: Request for Minor Modification to the Order of Conditions and
plans by Griffin Engineering, dated July 27, 2021
Bob Griffin of Griffin Engineering representing the City of Beverly, discusses the
proposed changes in the front of the building including increasing the parking area and
impound lot. Buchsbaum asks what the original plan was for the area of the expanded
parking and impound lot. Griffin explains that it was to be lawn, and that the original site
was mostly pavement. Buchsbaum asks whether permeable pavement could be used;
Griffin responds that this requires significant maintenance to keep functioning properly
and the City isn't prepared to take care of permeable pavement. Griffin also states that
having ground mounted solar panels in the future would keep surface runoff cleaner.
Bertoni asks if overflow parking is required for this site. Griffin clarifies that to maximize
the solar project, the panels must be sited over a paved parking area. Solar panels would
also be placed on the roof. Bertoni notes that the solar panels were not shown over the
impound/parking lot on the plans provided to the Commission. Griffin confirms that the
solar project is not yet proposed, but this is something that the City is working on. Griffin
says that there will be landscaping on site as well. Bertoni notes that the Commission has
not yet reviewed the landscaping plan and is concerned about additional paving at the
site. Griffin clarifies that the City needs the additional spaces that were lost as part of the
negotiation with the adjacent Cummings Center property. Griffin confirms the project is
meeting the performance standards of the Wetlands Protection Act and requirements for
stormwater management, and that it is an overall improvement to the site. Buchsbaum
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says that having solar is a positive but hopes they will have some kind of planting or
habitat enhancement component. Griffin proposes that they submit a revised plan for the
next meeting, reflecting additional plantings.
Alden— St. Pierre moves to continue the request to the August 24, 2021 meeting.
Seconded by Buchsbaum. The motion carries 3-0.
b. Enforcement Orders
i. Continued: 11/13 Bay View Avenue
Documents Reviewed: Enforcement Order Site Plan and letter by Griffin Engineering,
dated July 27, 2021
Bob Griffin of Griffin Engineering representing the applicant presents the revised plan
and describes the updates including removing a woodpile and dune restoration, as
discussed on the Commission's site walk on May 8, 2021. Bertoni requested that the
signage and fencing be installed as soon as possible, even if planting is not done right
away. The Commission discusses timing for the restoration work to be completed.
There being no further questions, Alden— St. Pierre moves to amend the enforcement
order with the conditions as discussed. Seconded by Buchsbaum. The motion carries 3-0.
ii. Continued: 62 South Terrace
Documents Reviewed: Restoration Site Plan by Griffin Engineering, dated June 15, 2021
Griffin Engineering is coordinating with the owner and expects to submit a revised plan
for review at the August 24, 2021 meeting. The Commission takes no action.
iii. Continued: 0 Netherton Avenue
Documents Reviewed: Topographic Plan of Land by Hancock Associates, dated July 14,
2021
David Cowell of Hancock Associates representing the applicant describes the existing
conditions at the site and requests guidance for a restoration plan. Bertoni recalls that
during the April 17, 2021 site visit, there was clear encroachment of the fill on the
wetlands and that the fill needs to come out. Cowell acknowledges this and proposes that
first the wetland line needs to be determined and find the natural border of the wetland
and lawn. Cowell notes that there was a planting bed and lawn within the 25-Foot No
Disturbance Zone, prior to the fill placement. Buchsbaum recommends they start the
process of removing fill from the wetlands as soon as possible, to inform the completion
of the restoration plan. Cowell concurs with this approach. Sharon Hughes, 13 Western
Avenue, states that there is an immense amount of water in her yard, more than she has
ever experienced. The Commission questions whether the fill has affected the absorptive
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properties of the wetlands and is contributing to the increased water on adjacent
properties.
Buchsbaum moves to amend the enforcement order to include a restoration plan, remove
fill that has encroached on wetlands, and determine where the wetlands line, to have a
report or a plan of action by September 7, 2021. Seconded by Alden— St. Pierre. The
motion carries 3-0.
c. Potential Violations,If Any
Alden-St. Pierre asks if Beverly Golf and Tennis Club has been allowed to cut trees, and
Bertoni says that there were possibly some tall trees were in the Commission's jurisdiction.
d. Tree Removals,If Any
There are none for review.
e. Tree Removal Protocol Update
There are no updates to review.
f. Minor Project Permits, If Any
There are none for review.
g. Continued: Beverly Airport— update on Vegetation Management Program—
Airport Solutions Group
There are no updates to review.
It. Other: Discussion or Action Items Related to Commission Business,
Correspondence, etc. Received/Issued After Publication of Agenda,If Any
Wynne reports that the Commission received a notice from National Grid summarizing the
completed tree maintenance work at the 89 Boyles Street substation, to ensure continuity of
electrical service. Wynne reads the notice for the record. Bertoni recommends that a response
be sent to National Grid requesting that they notify the Commission prior to future work.
Buchsbaum discusses a letter he drafted to Mayor Cahill, encouraging him to fill vacant seats
on the Commission. The Commission reviews and Bertoni will sign the letter.
i. Expenditure Approvals,If Any
There are no expenditures for review.
7. Orders of Conditions,If Any
a. 55 Thissell Street,DEP File#5-1334
The Commission recaps the project and discusses the proposed conditions. Alden— St. Pierre
moves to issue an Order of Conditions under the Massachusetts Wetlands Protection Act and
Beverly Wetlands Protection Ordinance that includes the standard general and perpetual
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conditions, as well as the special conditions as discussed. Seconded by Buchsbaum. The
motion carries 3-0.
b. 175 & 179 West Street,DEP File#5-1342
The Commission recaps the project and discusses the proposed conditions. Berton recalls
discussion about a condition about wave deflection. Alden— St. Pierre moves to issue an
Order of Conditions under the Massachusetts Wetlands Protection Act and Beverly Wetlands
Protection Ordinance that includes the standard general and perpetual conditions, as well as
the special conditions as discussed. Seconded by Buchsbaum. The motion carries 3-0.
c. 16 Fosters Point,DEP File#5-1308
The Commission recaps the project and discusses which conditions would apply under the
Amended Order. Buchsbaum moves to issue an Amended Order of Conditions, with all
conditions in the original Order to continue to apply,with the additional special conditions as
discussed. Alden— St. Pierre seconds. The motion carries 3-0.
8. Approval of Minutes (as available)
a. May 13,2021 meeting minutes
The Commission reviews the minutes and requests review of the meeting recording to clarify
portions of the discussion. The Commission tables their review, pending the updates.
b. July 13,2021 meeting minutes
The Commission reviews the draft minutes and offers edits. Buchsbaum moves to approve
the minutes with the revisions as discussed. Seconded by Alden— St. Pierre. The motion
carries 3-0.
9. Adiournment
Alden-St. Pierre moves to adjourn at 10:25 p.m. Seconded by Buchsbaum. The motion carries 3-
0.
The next regular meeting of the Conservation Commission will be held on Tuesday, August 24,
2021.