11_16_2021 Cons Com Minutes - final Beverly Conservation Commission Special Meeting
November 16, 2021 Meeting Minutes
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CITY OF BEVERLY
PUBLIC MEETING MINUTES
BOARD OR COMMISSION: Beverly Conservation Commission
SUBCOMMITTEE: N/A
DATE: November 16, 2021
LOCATION: Virtual Meeting Access Only via Google Meet
MEMBERS PRESENT: Chair Christine Bertoni, Vice Chair Robert Buchsbaum,
William Squibb, David Alden-St. Pierre
MEMBERS ABSENT:
OTHERS PRESENT: Environmental Planner Jenna Pirrotta; Planning Director
Darlene Wynne
RECORDER: Stacia Chamberlain
1. Chair Bertoni calls the meeting to order at 7:00 p.m. and reads the public notice regarding
holding meetings remotely due to Covid-19.
2. Trustees Discussion of Conservation Restriction at Moraine Farm
David Santomenna is present to discuss the proposed acquisition and recaps discussion from the
previous meeting. Santomenna outlines the process of the acquisition and how the Conservation
Restriction will fit in place. The Commission is in favor of the development of a public
reservation at this location. Bertoni requests clarification on what the Trustees is seeking from
the Conservation Commission at this point. Wynne says the applicant is asking the Conservation
Commission if they would be willing to conditionally hold the Conservation Restriction, should
the City pursue this as part of the finalized"full" the Community Preservation Act application.
Squibb moves to approve in principle the holding of the Conservation Restriction, subject to a
mutually agreeable management strategy. Seconded by Buchsbaum. Bertoni takes a roll-call
vote. Motion passes 4-0.
3. Recess for Public Hearings
Buchsbaum moves to recess for public hearings. Seconded by Squibb. Bertoni takes a roll-call
vote. Motion passes 4-0.
4. Notice of Intent/Abbreviated Notices of Intent/Requests for Amended Orders of
Conditions
a. Cont: 181 Elliott Street,No DEP File # as of posting—re-grade parking lot and
install two storm water inlet structures—Beverly Commerce Park, LLP
Documents Reviewed: Notice of Intent application and plans dated September 21, 2021 by
Cummings Properties, Stormwater letter by Hancock Associates dated September 22, 2021
Pirrotta reports that via email, the applicant requested a continuance to the next meeting, as they
are meeting with DEP the next day. Buchsbaum moves to continue this hearing to the next
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meeting on December 7, 2021. Seconded by Squibb. Bertoni takes a roll call vote. The motion
passes 4-0.
b. Cont.: 37 Paine Avenue,DEP File #5-1347—repair and maintenance of seawall,
retaining wall, steps, and patio with associated site work— Scott Patrowicz,P.E.
Documents Reviewed: Notice of Intent application and site plans by Patrowicz Land
Development Engineering, dated November 16, 2021
Scott Patrowicz of Patrowicz Land Development Engineering representing the applicant, Curtis
Cheney of Collins Engineering Inc, and builder Tom Saltsman Brenzel, are present to discuss the
proposed project. Patrowicz recaps the proposal and the Commission's site visit. He describes
the revised plan submitted that same day,which includes new topographic data and updated
mean high water line, indicating that a Chapter 91 license would be required. Patrowicz explains
there is a discrepancy between the survey data from North Shore Survey and Hancock
Associates. Bertoni solicits input from the Commission members. Squibb asks about the
construction methodology for pouring the concrete. Bertoni asks about pouring in inclement
weather and whether they have contingency plans if they have to postpone. There are no
questions or comments from members of the public. Pirrotta notes that Alden - St. Pierre is
ineligible to vote on this issue as he was absent from two of the hearings.
Buchsbaum moves to close the hearing. Seconded by Squibb. Bertoni takes a roll call vote. The
motion passes 3-0-1,with Alden-St. Pierre abstaining.
c. New: 375—413 Hale Street,No DEP File # as ofposting—replace seawall, replace
beach house, and associated site work—Endicott College c/o Rick Gagnon
Documents Reviewed: Notice of Intent application and site plans by Foth Engineering, dated
November 1, 2021
Pirrotta reads the legal notice. Scott Skuncik of Foth Engineering, representing the applicant,
presents the proposed project. Skuncik recaps the history of the site including emergency repairs
performed on the seawall in 2018 and then again through issuance of an Emergency Certificate
by the Commission in 2020. A permanent solution is needed for those temporary fixes. There are
several lengths of the seawall that would be replaced with different slopes and heights, and the
existing beach house would be replaced further from the bank. Skuncik describes the historic
maps indicate shoreline loss of about 1/4 foot per year. In response to Bertoni's question, Skuncik
confirms that the alternatives presented in the NOI were reviewed through the MEPA process
and that the preferred alternative is the one that is presented in the plans. Alden - St. Pierre and
Squibb suggest a site visit be held. Pirrotta notes that DEP file number has not yet been issued
and that Mass Division of Marine Fisheries intends to provide comments to the Commission.
The Commission schedules a site visit for 10:00 a.m. on Saturday,November 27, 2021. There
are no comments from members of the public.
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Alden - St. Pierre moves to continue the hearing to the December 7, 2021 meeting. Seconded by
Buchsbaum. Bertoni takes a roll call vote. Motion passes 4-0.
d. New: 547 Essex Street,No DEP File# as of posting—construct a garage addition,
driveway expansion, and associated site work—Lyndsay Lantz
Documents Reviewed: Notice of Intent application and site plans by George Zambouras, P.E.,
dated November 1, 2021
Pirrotta reads the legal notice. George Zambouras, P.E.,representing the owner, is present to
discuss the proposed project. He notes that the Commission previously issued a Positive
Determination for the work, requiring that a NOI be filed. Bertoni asks about the infiltration
trench,mitigating additional roof runoff, grading, and bringing in fill. Buchsbaum asks whether
the area is within the Outstanding Resource Water overlay. Alden - St. Pierre asks about the
vegetation to be removed in the area of the proposed driveway. Buchsbaum recommends that
they replace the trees removed with plantings other than arborvitae. Bertoni recommends
Zambouras discuss the plantings with the owner and update the Commission at the next meeting.
Bertoni asks if the Commission members would like to take a site visit as this will need to be
continued in absence of a DEP file number, and members do not feel it is necessary. There are no
comments from members of the public.
There being no further questions or comments, Squibb moves to continue the hearing to
December 7, 2021. Seconded by Alden - St. Pierre. Bertoni takes a roll call vote. The motion
passes 4-0.
5. Reconvene Regular Meeting
Buchsbaum moves to reconvene the regular meeting. Seconded by Bertoni. Bertoni takes a roll
call vote. The motion carries 4-0.
6. Requests for Determination of Applicability
a. Cont.: 253 Essex Street—tree removal and landscaping activities—Jonathan
Goodwin
Documents Reviewed: Request for Determination of Applicability Application, with associated
attachments and plans, revised dated November 15, 2021
Owner Jonathan Goodwin is present to discuss the proposed project and the changes
incorporated based on Commission's comments. He emailed a revised plan to the Commission
the day before the meeting. Buchsbaum thinks that this topic should be continued to the next
meeting, to allow more time to review the updated information. Squibb asks how the poison ivy
would be removed. Goodwin clarifies how it was removed by hand in the past, but the proposal
now is tilling, adding soil and grass seed, and adding the plantings and mulch which would keep
it at bay. Bertoni asks for clarification on the number of trees to be removed and the number to
be planted and comments that excessive mulch is not ideal. The Commission discusses
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prohibiting dyed mulch and installation of a coir roll near the bank. Since portions of the project
are within the 25-Foot No Disturbance Zone, potential conditions could include restrictions on
the use of pesticides and herbicides as well. Commissioners feel that they need more time to
review the information to make a determination.
Buchsbaum moves to continue this topic to the next meeting on December 7, 2021. Seconded by
Alden - St. Pierre. Berton takes a roll call vote. The motion passes 4-0.
b. New: 45 Balch Street—lawn regrading, paver patio installation, pavement striping,
electrical upgrades, and various plantings—Beverly Housing Authority
Documents Reviewed: Request for Determination of Applicability application and attachments,
by Nitsch Engineering, dated October 27, 2021
Pirrotta reads the legal notice. Paige Simmons of Nitsch Engineering representing the applicant,
describes the proposed project. Bertoni asks about the work footprint and whether any trees
would be removed. Pirrotta reports that an updated plan was received that day which indicates
the wetland area and the 50-Foot No Build Zone. Squibb asks about potential changes to
pavement on the site. The Commission requests a landscape plan as a condition of approval and
discusses suggested conditions.
There being no further questions or comments, Alden-St. Pierre moves to issue a Negative 3
Determination with conditions as discussed. Seconded by Buchsbaum. Bertoni takes a roll call
vote. The motion passes 4-0.
c. New: 28 Porter Street—repoint and repair existing staircase— City of Beverly c/o
Bruce Doig
Documents Reviewed: Request for Determination of Applicability application and attachments,
by City of Beverly c/o Bruce Doig, dated November 1, 2021
Pirrotta reads the legal notice. Bruce Doig Beverly Parks and Recreation Director, is present to
discuss the proposed project. He provides an overview of the work, and notes that construction
would take place from the existing structure and not from the beach itself. Bertoni asks if the
aesthetics of the stairway will remain the same, due to the historic significance; Doig affirms that
it is a goal they will work toward in consultation with the Community Preservation Committee,
the Historic Committee, and Ward 2 Civic Association. Bertoni describes suggested conditions
for approval. In response to Squibb's question, Doig clarifies that the side rail will also be
replaced.
There being no further questions or comments, Alden - St. Pierre moves to issue a Negative 2
and 3 Determination. Seconded by Squibb. Bertoni takes a roll call vote. The motion passes 4-0.
d. New: 9 Melvin Avenue—demolish an existing house—Kevin Hios
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Documents Reviewed: Request for Determination of Applicability application and attachments,
by Kevin Hios, dated November 1, 2021
Pirrotta reads the legal notice. Owner Kevin Hios is present to discuss the proposed project and
provides an overview of the demolition. Squibb questions whether the work should be reviewed
under an RDA since the lots would be kept separate and not combined. Bertoni asks whether
there is a basement that will need to be filled. Hios confirms that there would be 20 yards of
loam brought in and the area would be seeded. Bertoni and Squibb are concerned with the
distance of the home to be removed to the marsh and the river, noting that the plan is not clear.
Bertoni would like for the work to be photo-documented and for the foundation to be removed
from the site in its entirety. Squibb opines that this project should be reviewed under an NOI and
not an RDA. Buchsbaum disagrees since the work is removing structures and not building
anything, but asserts that a better plan including dimensions and distances from the resource
areas should be provided. Bertoni seeks clarification from members about what else would they
be gaining from the filing of an NOI for this work. Members would like the applicant to return
with more detailed information.
Alden - St. Pierre moves to continue this topic to the next meeting on December 7, 2021.
Seconded by Buchsbaum. Bertoni takes a roll call vote. Motion passes 4-0.
e. New: 3 Deer Haven Road —replace existing landing, stairs, and walkway and add
roof overhang—Nate Boyd
Documents Reviewed: Request for Determination of Applicability application and
attachments,by Nate Boyd, dated November 1, 2021
Pirrotta reads the legal notice. Nate Boyd, of Boyd Builders, describes the proposed project, to
replace the unsafe access and add roof overhang and replace the walkway. He describes the
materials to be used and the construction methodology. There is an existing site plan from when
the subdivision was built and the existing landing and walkway to be replaced are shown on that
plan. The work is about 45 feet from the wetland at the closest point. The Commission discusses
suggested conditions.
There being no further questions or comments,Alden - St. Pierre moves to issue a Negative 3
Determination with the conditions as discussed. Seconded by Buchsbaum. Bertoni takes a roll
call vote. The motion passes 4-0.
7. Requests for Certificates of Compliance
a. New: 20 Elnew Avenue,DEP File #5-1177—construct new single-family house
with associated appurtenances —Dawn Mugford
Documents Reviewed: Request for Certificate of Compliance and As-Built Plan by Griffin
Engineering, dated October 28, 2021
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Pirrotta describes the request, noting that the Commission previously issued a partial Certificate
of Compliance for all of the work except that the survival criteria for the plantings had not yet
been met at that time. There is a superseding Order of Conditions from DEP and they have
already issued a complete Certificate of Compliance, as there was no condition on the survival
criteria in the SOC. The applicant is now requesting the complete Certificate of Compliance
under the Beverly Wetlands Ordinance. Pirrotta reports that she held a site visit with the engineer
and that in sum total, the mitigation plantings have met the 75% survival criteria for the shrubs
and the 3 hemlocks were replaced with 10 arborvitaes, but 2 of the hemlocks were relocated in a
different location on the property. Griffin Engineering reported there were no signs of hemlock
wooly adelgid.
There being no further questions or comments, Buchsbaum moves to issue a complete Certificate
of Compliance under the local ordinance,with the perpetual conditions. Seconded by Alden - St.
Pierre. Bertoni takes a roll call vote. Motion passes 4-0.
8. Old/New/Other Business
a. Minor Modification to the Order of Conditions
i. Offshore cable, DEP File 95-1317
Documents Reviewed: Request to Modify Order of Conditions from ERM, dated October 23,
2021
Alexia O'Brien, of ERM representing the applicant, is present to discuss the modification
request. The requested changes are to the project description in the Order and to the wording of
two of the special conditions. The project is still exactly the same, however the wording changes
will better align with language in the other municipal approvals that are required for this regional
proj ect.
Buchsbaum moves to approve the changes as discussed and to issue the Minor Modifications to
the Order of Conditions,with the rest of the conditions to remain unaltered. Seconded by Alden-
St. Pierre. Bertoni takes a roll call vote. Motion passes 4-0.
b. Enforcement Orders
i. Cont.: 11 & 13 Bay View Avenue
Documents Reviewed: Restoration Plan by Griffin Engineering Group, revised dated July 26,
2021 and Email from Griffin Engineering dated November 4, 2021 with site photos
Pirrotta updates the Commission on improvements at the property and the complete
implementation of the restoration plan. Pirrotta recaps her observations from the site visit with
the property owners and engineer, noting that the Commission does not have to take action at
this point and that another follow up would be required in the next growing season. Members
question whether the dune fence should remain in place across the stream, with concerns to
wildlife. Pirrotta confirms that wildlife could go around the fence and that the owners' intent was
to keep people out of the stream and newly planted area, but that she cautioned the owners that
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they should monitor the fence area to ensure debris isn't caught up and cause damage or
blockage.
ii. Cont.: 181 Elliott Street— Cummings Center
Documents Reviewed: Revised response letter and draft plans by Cummings Properties, dated
September 9, 2021
The Commission takes no action at this time and Pirrotta anticipates additional information from
Mass DEP to be available at the next meeting.
iii. Cont.: 0 Netherton Avenue
Documents Reviewed: Topographic Plan of Land by Hancock Associates, dated July 14, 2021
Owner Anthony Gaglione is present to discuss the unauthorized work. Gaglione provides an
update on the selection of a contractor(Kellet Enterprises). He does not have a time frame for the
work to be done because contractor availability was variable. Bertoni requests contact
information for the contractor and confirms that there needs to be oversight by a wetlands
professional. Gaglione will send the information to Pirrotta. He also agrees that he will also have
a wetlands consultant present when the excavation begins (Hancock Associates). Members
request that Gaglione stay in contact with Pirrotta about the fill removal schedule and to
coordinate with the contractor and wetlands consultant.
c. Potential Violations,If Any
i. 2 Pond View Lane
Catherine and James Sheehan, property owners, are present to discuss the work subject to the
violation letter. They are in the process of filing an RDA,but note that their project is already
complete. The Commission agrees that the after the fact RDA should be filed to permit the work
and answer other questions the owners have about Commission jurisdiction and the need for
review and approval.
d. Other: Discussion or Action Items Related to Commission Business,
Correspondence, etc. Received/Issued After Publication of Agenda,If Any
i. 18 Meadow Road
Pirrotta reports that the Commission received an annual monitoring report for wetlands
replication at 18 Meadow Road, DEP File#5-936. The replication plan was approved under an
Enforcement Order and DEP Administrative Consent Order, due to unfinished requirements of
an expired Order of Conditions. Plantings were installed in June 2021 and would be monitored
through the next growing season to ensure survival.
ii. 183 West Street—filing of Notice of Intent
Pirrotta updates the Commission on this project. The Commission was expecting an NOI to
review at this meeting, but it should be ready for the next meeting.
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iii. 1025 Hale Street—Certificate of Compliance requests
Pirrotta updates the Commission on this project. The owners need more time to prepare and
submit the documentation for the Certificate of Compliance requests.
iv. 167 West Street, DEP File 95-1290— change in utility plan
Pirrotta updates the Commission on this project, based on updates from the Griffin Engineering.
There are unanticipated changes due to National Grid's need to replace the electric lines and this
was not included on the approved plan. Pirrotta notes that according to the information provided,
the utility line work would be within the existing driveway shoulder and the work does not
increase the impact area totals. The Commission agrees that this field change can be noted in the
file and a request for a Minor Modification to the Order of Conditions is not necessary.
V. 28 Whitehall Circle, DEP File 95-1177 Steven Smith
Pirrotta notes that the Commission received an updated letter from the owner, dated November
15, 2021. She describes the content of the letter including that the owner had the drainage line
inspected through a video scope and that the drywell feature cannot be accessed for regular
inspection and cleaning. There is an ongoing condition through the Certificate of Compliance
related to the inspection and cleaning which they are unable to meet and are asking the
Commission to modify this requirement. The Commission agrees that the owner should not be
required to meet this condition which has since become irrelevant, but is unsure how to
document this. Bertoni recommends the Commission add a note to the file. Buchsbaum suggests
they ask MACC as to how to change this Order of Conditions. Pirrotta will make an inquiry with
MACC and will write a letter to the owner and add it to the project file.
e. Expenditure Approvals, If Any
Squibb moves to approve an expenditure of$34.69 payable to the Conservation Administrator
for mileage reimbursement for the months of September October 2021. Seconded by Alden-St.
Pierre. Berton takes a roll call vote. Motion passes 4-0.
9. Orders of Conditions,If Any
a. 37 Paine Avenue
Members recap the project and discuss the proposed conditions. Alden-St. Pierre moves to issue
an Order of Conditions for the project with the special conditions as discussed, along with the
standard general and perpetual conditions, under the MA Wetlands Protection Act and Beverly
Wetlands Protection Ordinance. Seconded by Buchsbaum. Berton takes a roll call vote. The
motion carries 4-0.
10. Adiournment
Alden-St. Pierre moves to adjourn at 10:58 p.m. Seconded by Buchsbaum. Berton takes a roll
call vote. The motion carries 4-0.
The next regular meeting of the Conservation Commission will be held on Tuesday, December 7,
2021.