12_07_2021 Cons Com Minutes - final Beverly Conservation Commission Special Meeting
December 7, 2021 Meeting Minutes
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CITY OF BEVERLY
PUBLIC MEETING MINUTES
BOARD OR COMMISSION: Beverly Conservation Commission
SUBCOMMITTEE:
DATE: December 7, 2021
LOCATION: Virtual Meeting Access Only via Google Meet
MEMBERS PRESENT: Chair Christine Bertoni, Vice Chair Robert Buchsbaum,
David Alden - St. Pierre,Meghan Jones
MEMBERS ABSENT: William Squibb
OTHERS PRESENT: Environmental Planner Jenna Pirrotta
RECORDER: Stacia Chamberlain
1. Chair Bertoni calls the meeting to order at 7:03 p.m. and reads the notice regarding holding
meetings remotely due to Covid-19.
2. Recess for Public Hearing
Alden - St. Pierre moves to recess for public hearings. Seconded by Buchsbaum. Bertoni takes a
roll call vote. Motion passes 4-0.
3. Notice of Intent/Abbreviated Notices of Intent/Requests for Amended Orders of
Conditions
a. 181 Elliott Street,DEP File #5-1353 —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
Steven Drohosky of Cummings Properties representing the applicant recaps the proposal. He
notes that the coordination with Mass DEP is complete and a file number was issued earlier that
day. Drohosky confirms that the comments from the City engineer, Eric Barber, will be met.
Bertoni inquires whether members have any further questions or comments. Buchsbaum finds it
appropriate that the Cummings Center perform the stormwater monitoring tasks in-house
provided they meet the qualifications, per Barber's comments. Berton notes that the requests for
Certificates of Compliance have been filed for the outstanding Orders of Conditions at the
property.
There being no additional comments or questions from Commissioners or members of the public,
Buchsbaum moves to close the hearing. Seconded by Alden - St. Pierre. Berton takes a roll call
vote. Motion passes 3-0,with Jones abstaining.
b. 375—413 Hale Street,DEP File#5-1348 —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; comments from Mass Division of Marine Fisheries, dated December 2, 2021
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Scott Skuncik of Foth Engineering representing the applicant is present to discuss the project. He
recaps the proposal including the Commission's site walk and refers to the comment letter from
Tay Evans of Mass Division of Marine Fisheries (Mass DMF). Foth asks for the Commission's
opinion regarding Mass DMF's eelgrass monitoring recommendations, which suggested Tier 2
monitoring would likely not provide much value. Buchsbaum and Bertoni support the Tier 1
monitoring, as recommended by Mass DMF, noting that Tay Evans is a leader in eelgrass work
and they would defer to her recommendations. Skuncik asks how often the Commission should
receive the monitoring reports. Pirrotta replies that for other projects, the Commission has
received a compiled monthly report and immediate notification should be provided in the event
of any issues. Bertoni asks about proposed erosion control.
There being no additional comments or questions from Commissioners or members of the public,
Alden - St. Pierre moves to close the hearing. Seconded by Bertoni. Bertoni takes a roll call vote.
Motion passes 4-0.
c. Cont.: 547 Essex Street,DEP File#5-1349 — construct a garage addition, driveway
expansion, and associated site work—Lyndsay Lantz
Documents Reviewed: Notice of Intent application dated November 1, 202land site plans by
George Zambouras, P.E., revised dated December 2, 2021
George Zambouras,project engineer, is present to discuss the proposed project and notes that he
submitted a revised plan depicting mitigation plantings, as requested by the Commission at the
last meeting. Since the last meeting, a DEP file number was also issued. There being no further
comments or questions from Commissioners or members of the public, Alden - St. Pierre moves
to close the hearing. Seconded by Buchsbaum. Bertoni takes a roll call vote. Motion passes 4-0.
d. New: 11 Webber Avenue, DEP File#5-1351 —construct a two-story addition to existing
house—Andrew DeFranza
Documents Reviewed: Notice of Intent application by Wetlands and Land Management and site
plans by Gail Smith, dated November 18, 2021
Pirrotta reads the legal notice. Bill Manuell of Wetlands Land Management representing the
applicant, describes the proposed addition within the 200-Foot Riverfront Area. Manuell notes
that there is no work proposed within the No Build Zone and also describes the location of
construction access and work methodology. Bertoni asks whether access is available at the front
of the property. Manuell notes there is a retaining wall in the area and describes the alternative
locations that were considered for construction of the addition. Buchsbaum asks about roof
runoff. Tobin Schulman, architect at SV design, describes that the design will implement gutters
and that there are no current erosion issues at the site.
There being no additional comments or questions from Commissioners or members of the public,
Buchsbaum moves to close the hearing. Seconded by Alden - St. Pierre. Bertoni takes a roll call
vote. Motion passes 4-0.
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e. New: 17R Webber Avenue,DEP File#5-1350 — construction of landscaping and
hardscape features and paver patio—Jozef de Vries
Documents Reviewed: Notice of Intent application and site plans by Hancock Associates, dated
November 18, 2021
Pirrotta reads the legal notice. Devon Morse, of Hancock Associates representing the applicant,
describes the proposed project noting existing site constraints with the private and public ways
and utility easements, and also describes the open Order of Conditions on the property, issued to
the builder. Morse describes the work to remove the invasive plant species on the property and to
replant the area with native species. This new project includes the outstanding restoration work
from the old Order and will increase the overall restoration work at the site. Buchsbaum asks
about current stability of the bank,noting that the vegetation, even if invasive, does work to hold
things in place. Bertoni suggests a site visit; members agree. Pirrotta asks about any proposed
work in the area at the end of Arlington Court to address the existing erosion issue; Morse
describes the erosion control and stabilization plans. Hancock Associates will submit a revised
plan depicting the work in that area. There are no comments from members of the public.
Commissioners schedule a site visit for Saturday, December 11, 2021 at 8:00 a.m.
Alden - St. Pierre moves to continue the hearing to the January 4, 2022 meeting. Seconded by
Bertoni. Bertoni takes a roll call vote. Motion passes 4-0.
f. New: 183 West Street,DEP File#5-1352 —install sewer connection, repoint seawall,
reconstruct retaining wall, and associated site work—Beverly Shore and Chubb Island,
LLC c/o Maura Blundin
Documents Reviewed: Notice of Intent application and site plans by Griffin Engineering Group,
dated November 18, 2021
Pirrotta reads the legal notice. Bob Griffin of Griffin Engineering representing the applicant, is
present to discuss the project. He describes the completion of the ceased retaining wall work that
began without authorization in the fall as well as other planned improvements at the site.
Buchsbaum asks about including more native species in the planting list. Commissioners think
that a site visit would be appropriate. Buchsbaum asks about driveway curbing and Griffin
describes it is intended to keep the pea stone in place. Bertoni asks about the need for a Chapter
91 license for the seawall work and for information on the seawall repointing, and whether the
driveway materials will be permeable. Griffin describes the remaining project details. Pirrotta
says there is an outstanding Order of Conditions, DEP File #5-1102 regarding the septic system
replacement. There are no comments or questions from members of the public. Members
schedule a site visit for Saturday, December 11, 2021 at 9:00 a.m.
Alden - St. Pierre moves to continue the hearing to the January 4, 2022 meeting. Seconded by
Buchsbaum. Bertoni takes a roll call vote. Motion passes 4-0.
4. Reconvene Regular Meeting
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Buchsbaum moves to reconvene the regular meeting. Seconded by Alden - St. Pierre. Bertoni
takes a roll call vote. The motion carries 4-0.
5. 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 24, 2021
Owner Jonathan Goodwin describes the updated landscaping plan and indicates how the changes
address the Commissions earlier questions and comments. Buchsbaum agrees that the plan has
satisfied the Commission's requests; other members concur. Bertoni suggests conditions for this
project. Alden - St. Pierre moves to issue a Negative 2 and 3 Determination, with the conditions
as discussed. Seconded by Buchsbaum. Bertoni takes a roll call vote. Motion passes 4-0.
b. Cont.: 9 Melvin Avenue— demolish an existing house—Kevin Hios
Documents Reviewed: Request for Determination of Applicability application and attachments,
by Kevin Hios, dated November 1, 2021
Pirrotta reports that the applicant requested a continuation without discussion, as they are
working to provide the additional information as requested by the Commission. Buchsbaum
moves to continue the discussion to the January 4, 2022 meeting. Seconded by Alden-St. Pierre.
Bertoni takes a roll call vote. Motion passes 4-0.
c. New: 10 Evelyn Road—construction of a deck at an existing house—Kathleen &
Armando Martins
Documents Reviewed: Request for Determination of Applicability application and attachments,
by Kathleen &Armando Martins, dated November 15, 2021
Pirrotta reads the legal notice. There being no applicant or representative at the meeting, Berton
asks Commissioners if they are comfortable discussing this agenda item. Members are willing to
proceed due to the relative simplicity of the particular project, but note that this is not typical
circumstance. Pirrotta describes the proposed project, noting that she met on site with the
property owners and displays photos from her site visit. Bertoni suggests conditions including
that Pirrotta conduct a pre-construction meeting. Buchsbaum moves to issue a Negative 3
Determination,with the conditions as discussed. Seconded by Alden - St. Pierre. Bertoni takes a
roll call vote. Motion passes 4-0.
d. New: 2 Pond View Lane— after the fact patio construction and landscaping—James &
Catherine Sheehan
Documents Reviewed: Request for Determination of Applicability application and attachments,
by James & Catherine Sheehan, dated November 19, 2021
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Pirrotta reads the legal notice. Owner James Sheehan is present and summarizes their completed
project, for which they are now seeking after-the-fact approval. Bertoni asks whether the patio is
permeable; Sheehan describes the 1/4-inch gaps, allowing water to infiltrate. Buchsbaum asks
about the plants that were installed. Berton asks for a file copy of the plan to include the 50-Foot
No Build Zone. Bertoni suggests conditions for the project. Buchsbaum moves to issue a
Negative 3 Determination, with the conditions as discussed. Seconded by Alden - St. Pierre.
Bertoni takes a roll call vote. Motion passes 4-0.
e. New: 284 Essex Street—construction of mudroom addition—Jason Skidgell
Documents Reviewed: Request for Determination of Applicability application and attachments,
by Jason Skidgell, dated November 19, 2021
Pirrotta reads the legal notice. Bertoni clarifies that this project is being reviewed under the
Beverly Ordinance only, as the wetland is an Isolated Vegetated Wetland, not subject to
jurisdiction under the Wetlands Protection Act. Owner Jason Skidgell describes the proposed
project. Buchsbaum asks if there are any existing drainage problems and how stormwater would
be handled; Skidgell replies that there are none and that gutters would be used to convey water
the same way that gutters are used on the existing house and garage. Pirrotta clarifies that based
on her site visit, runoff flows down the driveway, away from the wetland. Skidgell clarifies that
they will be installing a French drain system. Bertoni asks if Skidgell would report back to the
Commission next spring,regarding any frog activity in the wetland; Skidgell is amenable.
Bertoni suggests conditions for the project. Buchsbaum moves to issue a Negative 3
Determination under the Ordinance only,with the conditions as discussed. Seconded by Bertoni.
Bertoni takes a roll call vote. Motion passes 4-0.
6. Requests for Certificates of Compliance
a. New: 181 Elliott Street,DEP File#5-558—repave parking lot, install landscaping and
lighting, grading, and remove building—Beverly Commerce Park, LLP
Documents Reviewed: Request for Certificate of Compliance,by Cummings Properties, LLC,
dated November 12, 2021
Damien Savoie of Cummings Properties, representing the applicant, is present to discuss the
three requests for Certificates of Compliance for the property. Savoie is requesting a complete
Certificate of Compliance for this application, noting that the project was completed about 20
years ago. Bertoni asks if they have current as-built plans to provide. Savoie and Bertoni discuss
what information is necessary to satisfy as-built documentation, as Savoie notes that additional
work was approved and completed in the overlapping area in the time after this project was
finished. Bertoni asks Commissioners if they feel comfortable to close the files without an as-
built plan. Pirrotta clarifies that there are other plans on file for other projects, which may help to
demonstrate what was built(such as an existing conditions plan for another project essentially
serving as an as-built plan for this project). Bertoni would like to continue this item to the next
meeting so that Savoie can submit the appropriate documents for this particular project.
Buchsbaum moves to continue this request to the January 4, 2022 meeting. Seconded by Alden -
St. Pierre. Bertoni takes a roll call vote.Motion passes 4-0.
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b. New: 181 Elliott Street,DEP File#5-609 —remove silt from pond and repair eroded
bank—Beverly Commerce Park, LLP
Documents Reviewed: Request for Certificate of Compliance, by Cummings Properties, LLC,
dated November 12, 2021
Damien Savoie of Cummings Properties, representing the applicant requests a complete
Certificate of Compliance, this time regarding the silt removal and bank repair work at the pond.
Savoie confirms that there is no as-built plan, but that he has provided photos showing before
and after the work. The Commission discusses receipt of additional documentation showing that
the work was complete. Bertoni is concerned with the lack of information and notes that the
pond has since silted back in again. Buchsbaum moves to continue this request to the January 4,
2022 meeting. Seconded by Alden-St. Pierre. Bertoni takes a roll call vote. Motion passes 4-0.
c. New: 181 Elliott Street,DEP File#5-690 — construct two-story parking deck over
existing parking lot—Beverly Commerce Park, LLP
Documents Reviewed: Request for Certificate of Compliance,by Cummings Properties, LLC,
dated November 12, 2021
Damien Savoie of Cummings Properties, representing the applicant requests an invalid
Certificate of Compliance regarding the parking deck construction, since the work was never
initiated or completed, and the Order has since expired. Buchsbaum moves to issue an invalid
Certificate of Compliance, under the Massachusetts Protection Act and Beverly Wetland
Protection Ordinance. Seconded by Alden-St. Pierre. Berton takes a roll call vote. Motion passes
4-0.
d. New: 17R Webber Avenue,DEP File #5-1242 —construct new house with associated
utilities and appurtenances and remove two abandoned structures —Jozef de Vries
Documents Reviewed: Request for Certificate of Compliance and as-built plan, by Hancock
Associates, dated November 18, 2021
Devon Morse of Hancock Associates,representing the applicant, describes the request, noting
which portions of the approved work were completed and the outstanding work that would be
included as part of the new proposal at the site. The Order was issued to the builder and the
current owner is seeking a partial Certificate of Compliance before initiating the new project at
the site. Commissioners recommend visiting the site before making a decision, as a site visit was
already scheduled regarding the new Notice of Intent at the property.
Alden-St. Pierre moves to continue this request at the January 4, 2022 meeting. Seconded by
Buchsbaum. Bertoni takes a roll call vote. Motion passes 4-0.
7. Old/New/Other Business
a. Enforcement Orders
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i. Cont.: 181 Elliott Street - Cummings Center
Documents Reviewed: Revised response letter and draft plans by Cummings Properties, dated
September 9, 2021
Pirrotta updates the Commission, noting that Mass DEP and Cummings Properties came to an
agreement regarding the unauthorized work. The Administrative Consent Order With Penalty
included several requirements including that a Notice of Intent be filed and once the Commission
issues the Order and Cummings completes the work, the applicant would then be able to seek a
return to compliance from Mass DEP. Pirrotta notes that no action is needed under the EO and
confirms that the Commission wants to remove this topic from the agenda.
ii. Cont.: 0 Netherton Avenue
Documents Reviewed: Topographic Plan of Land by Hancock Associates, dated July 14, 2021
Owner Anthony Gaglione is not present at the meeting. Pirrotta reads an email from the owner,
dated earlier that day noting that he is still working to have someone remove the unauthorized fill
and Pirrotta notes that she encouraged him to attend the meeting but that she received no other
response. Commissioners express reluctance on fines, but concur that it is necessary to begin
assessing daily fines at this point, as the fill has been in place since March, with no movement or
update on a timeline for removal. Commissioners and Pirrotta discuss the process for referring
this case to Mass DEP. The Commission is concerned with the lack of action and the continued
violation and impact on abutters and the wetland.
Buchsbaum moves to assess fine of$100 per day under the Ordinance until a restoration plan has
been submitted,preferably in time to review at the January 4, 2022 meeting. Seconded by Alden
- St. Pierre. Bertoni takes a roll call vote. Motion passes 4-0.
b. Tree Removals,If Any
i. 28 Whitehall Circle, Steven Smith
Pirrotta describes the request for the removal of two hazardous trees within the 100-Foot Buffer
to Bordering Vegetated Wetlands at 28 Whitehall Circle. The owner is requesting to remove a
white pine tree and a red oak tree, and note that they would also be pruning a second red oak
tree. The Commission reviews the request along with photos from-Pirrotta's site visit. Bertoni
moves to approve the tree removal request with the standard conditions, in addition to keeping at
least one of the trees at a snag height to serve as habitat since these are some of the larger trees in
the area. Seconded by Alden-St. Pierre. Bertoni takes a roll call vote. The motion passes 4-0.
c. Minor Project Permits, If Any
i. 15 Doane Avenue
Pirrotta describes the proposed deck replacement within the 100-Foot Buffer to Bordering
Vegetated Wetlands. The replacement would be within the existing footprint, with all materials
to be appropriately disposed of off-site. The Commission reported no objections to the approval.
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d. New: Tuck Point Condominium Trust,DEP File #5-1269 —use of sodium-based
products
John Hamilton, President of the Tuck Point Board of Trustees, is present to discuss the
November 17, 2021 letter to the Commission regarding concerns with the prohibition of sodium-
based ice melt products. Bertoni notes the ongoing condition for the property was described in
the 2017 Order of Conditions and is a standard perpetual condition for most all Orders that the
Commission issues. Hamilton suggests that another town waived a perpetual condition for one of
his past projects. Bertoni expresses concerns with changing a perpetual condition and notes that
the Commission was not presented with any information on how the Commission would legally
be able to do so. The Commission notes that there are many alternatives on the market that
should be available. Buchsbaum did a brief internet search and suggests a sodium-free de-icing
product for Hamilton to look into.
e. New: National Grid Yearly Operating Plan 2022 notice
The Commission acknowledges receipt of a Yearly Operating Plan Notice from National Grid.
f. Other: Discussion or Action Items Related to Commission Business,
Correspondence, etc. Received/Issued After Publication of Agenda,If Any
Bertoni asks Pirrotta to reach out to the West Beach Corporation and immediate abutters
regarding permitting for seasonal beach raking at West Beach. Pirrotta will send the letter and
attach the endangered species guidance.
g. Expenditure Approvals,If Any
8. Orders of Conditions, If Any
a. 181 Elliott Street,DEP File#5-1353
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 passes 3-0-1 with Jones abstaining.
b. 375-413 Hale Street,DEP File#5-1348
The Commission recaps the project and discusses the issuance of an Order of Conditions.
Buchsbaum moves to issue an Order of Conditions under the MA Wetlands Protection Act and
Beverly Wetlands Protection Ordinance with the special conditions as discussed and the standard
general and perpetual conditions. Seconded by Alden - St. Pierre. Bertoni takes a roll call vote.
Motion passes 4-0.
c. 547 Essex Street,DEP File#5-1349
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
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Wetlands Protection Ordinance. Seconded by Buchsbaum. Bertoni takes a roll call vote. The
motion passes 4-0.
d. 11 Webber Avenue,DEP File#5-1351
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. Bertoni takes a roll call vote. The
motion passes 4-0.
9. Approval of Minutes (as available)
a. October 26,2021
Members review the minutes in question. Buchsbaum moves to approve the October 26, 2021
minutes, as written. Seconded by Alden - St. Pierre. Bertoni takes a roll call vote. Motion passes
3-0-1,with Jones abstaining.
b. November 4,2021
Members review the minutes in question. Alden - St. Pierre moves to approve the November 4,
2021 minutes, as written. Seconded by Bertoni. Bertoni takes a roll call vote. Motion passes 3-0-
1,with Jones abstaining.
c. November 16,2021
Members offer their comments and edits to the minutes in question. Buchsbaum moves to
approve the November 16, 2021 minutes as amended. Seconded by Bertoni. Bertoni takes a roll
call vote. Motion passes 4-0.
10. Adiournment
Alden-St. Pierre moves to adjourn at 11:06 p.m. Seconded by Jones. Bertoni takes a roll call
vote. The motion carries 4-0.
The next regular meeting of the Conservation Commission will be held on Tuesday, January 4,
2022.