05_24_2022 Cons Com Minutes - final Beverly Conservation Commission
May 24, 2022 Meeting Minutes
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CITY OF BEVERLY
PUBLIC MEETING MINUTES
BOARD OR COMMISSION: Beverly Conservation Commission
SUBCOMMITTEE:
DATE: May 24, 2022
LOCATION: Virtual Meeting Access Only via Google Meet
MEMBERS PRESENT: Chair Christine Bertoni, Vice Chair Robert Buchsbaum,
William Squibb, Meghan Jones, Amber Redmond
MEMBERS ABSENT:
OTHERS PRESENT: Environmental Planner Jenna Pirrotta
RECORDER: Stacia Chamberlain
1. Chair Bertoni calls the meeting to order at 7:02 p.m. and reads the public notice regarding
holding meetings remotely due to Covid-19.
2. Recess for Public Hearings
Squibb moves to recess for public hearings. Seconded by Buchsbaum. Bertoni takes a roll call
vote. Motion passes 5-0.
3. Notice of Intent/Abbreviated Notices of Intent/Requests for Amended Orders of
Conditions
a. Cont.: 181 Elliott Street,DEP File#5-1353 —request to amend Order of Conditions
—Beverly Commerce Park, LLP
Documents Reviewed: Request to Amend the Order of Conditions and site plan by Beverly
Commerce Park LLP, dated February 14, 2022
Pirrotta updates the Commission that an email was received from the applicant requesting to
continue this hearing without discussion to the June 14, 2022 meeting. Jones moves to continue
the hearing to the June 14, 2022 meeting. Seconded by Redmond. Bertoni takes a roll call vote.
Motion passes 5-0.
b. Cont.: Norwood Pond,DEP File #5-1602—initiate an aquatic management program
at Norwood Pond—Henry Haight
Documents Reviewed: Notice of Intent application and project plans by DeRosa Environmental
and Water& Wetland, dated March 29, 2022; supplemental information by DeRosa
Environmental dated April 26, 2022 and May 17, 2022; comment letters from Ipswich River
Watershed Association dated April 28, 2022 and May 3, 2022
Evin Guvendiren of DeRosa Environmental Consulting,representing the applicant, recaps the
proposed project and describes the supplemental information that was submitted. Guvendiren
describes the project timeline and detailed treatment plan, and invites questions from the
Commissioners. Bertoni asks for clarification on the merits of a 3-year versus a 5-year permit for
the restoration project. Guvendiren replies that they would prefer a 5-year plan, as they would
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May 24, 2022 Meeting Minutes
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have more time to complete monitoring and additional treatments as needed. Buchsbaum asks for
the rationale and expected outcomes of the project and asks how the work meets the performance
standards. Guvendiren explains how the performance standards are met and notes that they have
greater flexibility on this through the filing of the NOI as a limited project for restoration
purposed. Buchsbaum asks what their target acreage is for vegetative clearing. Guvendiren
describes how they will thin the vegetation and while they do not have a specific acreage
amount, the focus is on reducing vegetative density and less about specific acreage. Buchsbaum
confirms that only portions of the pond would be treated at a given time and highlights that they
should be careful to preserve tapegrass (Vallisneria Americana), as it is a valuable forage source
for certain migratory duck species. Redmond expresses concerns with unspecific definition of
"problematic density" and how the threshold is for recommending herbicide application is
determined; she would like more specificity on the vegetation density. Bertoni asks about long
term monitoring and whether volunteers would be involved with sampling. Squibb asks about
work on the spillway and potential impact of the dam on the proposed project. Bertoni confirms
that work on the dam is not part of this project, but that conditions in the pond would continue to
be monitored and the treatment adjusted accordingly. Buchsbaum asked whether the habitat
assessment included review of the JC Phillips Preserve inventory.
Bertoni invites comments and questions from the public. Simon Haight, son of the applicant,
inquires about pictures of the dam that he sent to the City. He confirms that the portions of the
pond that are too shallow would not be treated, and that the shallow portions provide a lot of
wildlife habitat. Haight and Buchsbaum discuss the birds and ducks that use the pond.
Buchsbaum clarifies that the applicant is a private property owner, applying to conduct work on
City property. There being no further questions or comments, Buchsbaum moves to close the
hearing. Seconded by Bertoni. Bertoni takes a roll call vote. Motion passes 5-0.
c. Cont.: 127 Standley Street,DEP File #5-1363 — construct an addition with two car
garage and associated grading& driveway improvements —David& Jacqueline
Genest
Documents Reviewed: Notice of Intent application and plans by Eaglebrook Survey and
Engineering, dated April 19, 2022
Ben Minnix of Eaglebrook Engineering representing the applicant, recaps the proposed project
and the Commission's site visit. Buchsbaum and Berton agree that the site visit was helpful to
understand the project. Bertoni mentions that hand removal of Phragmites would be welcome to
control the invasive vegetation at the pond. There being no further comments or questions from
Commissioners and no comments from members of the public, Squibb moves to close the
hearing. Seconded by Redmond. Bertoni takes a roll call vote. Motion passes 5-0.
d. New: 2 Balch Street, 181 Elliot Street,448 Cabot Street, Cabot Street and
MBTA right-of-way,DEP File #5-1365— sediment and debris removal from
existing culvert system associated with North Beverly Brook—City of Beverly,
Engineering Department c/o Eric Barber
Beverly Conservation Commission
May 24, 2022 Meeting Minutes
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Documents Reviewed: Notice of Intent Application and plans by Fuss & O'Neill, dated May 9,
2022
Pirrotta reads the legal notice. Mike Nelson and April Doroski of Fuss and O'Neill representing
the applicant, are present to provide an overview of the proposed project. Nelson describes the
previous culvert cleaning work about 12 years ago and notes that water capacity has now
decreased and the culverts are in need of cleaning again. Squibb asks about how the box culvert
would be cleaned, versus a round culvert. Nelson describes the process of setting up the bypass
and working in one section at a time, using temporary cofferdams and other best management
practices. Bertoni asks about stability of upstream banks and consideration of where the
sediments are coming from and whether this can be resolved. Nelson notes there likely will be
future project phases to improve drainage in this general area and provide a long-term solution to
reduce chronic sedimentation. Bertoni asks about work in the stream near the head wall on Cabot
Street and how the stream would be protected from work and equipment. Doroski confirms that
access would be through manholes and not through the stream. She gives a summary of best
management practices that would be used and the state and federal permits that would be
required. In response to Bertoni's question, Nelson confirms that they will be applying for a 401
Water Quality Certification from the state, after receipt of an Order of Conditions. Squibb asks
whether sedimentation could be coming into lower Shoe Pond from upper Shoe Pond,rather than
just the outfall of the culvert system. Buchsbaum asks how the resource areas were delineated on
the plan. Pirrotta adds that the plan presented at this hearing no longer depicts buffers from the
culverted portions of the stream, as was shown on the original NOI plans. Doroski will submit a
hard copy of the plan presented at the meeting to the Commission for its files. There being no
further questions or comments and no comments from members of the public, Buchsbaum moves
to close the hearing. Seconded by Redmond. Bertoni takes a roll call vote. Motion passes 5-0.
e. New: 100 West Street,DEP File#5-1368 — construction of building addition and
deck—Jacquelyn Paulino
Documents Reviewed: Notice of Intent application by John Dick dated May 9, 2022 and plans by
Eastern Land Survey Associates dated May 8, 2022
Pirrotta reads the legal notice. John Dick,representing the applicant provides an overview of the
proposed project. He describes the resource areas noting that the wetland is offsite and maintly
disturbed, mowed lawn. The work is also located within the floodplain and Dick presents the
information on the flood storage that would be gained through the removal of the existing patio.
Bertoni asks where the construction access would be and confirms that the addition would be on
footings. Redmond asks about the addition of plantings around the deck. Buchsbaum
recommends installing pollinator shrubs. Commissioners agree that a site visit is not necessary
for this project. There being no further questions of comments from Commissioners or comments
from members of the public, Redmond moves to close the hearing. Seconded by Buchsbaum.
Bertoni takes a roll call vote. Motion passes 5-0.
f. New: 90 Preston Place,No DEP File # as of posting—construction of a pool, spa,
landscaping, and associated appurtenances —Jordan Regan
Beverly Conservation Commission
May 24, 2022 Meeting Minutes
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Documents Reviewed: Notice of Intent application by DeRosa Environmental Consultants, dated
May 10, 2022 and plans by Morin-Cameron Group and DeRosa Environmental Consulting,
dated May 5, 2022
Pirrotta reads the legal notice. Evin Guvendiren of DeRosa Environmental Consulting and John
Morin of the Morin Cameron Group representing the applicant, are present to discuss the
proposed project. Guvendiren gives a detailed overview of the pool and patio construction and
planting of the portion of the wetland that is currently mowed lawn. Buchsbaum asks about the
wetlands mitigation planting plan. Bertoni notes there is a previous Order of Conditions for the
property and asks about any perpetual conditions there might be for this property. Pirrotta
confirms that the Order was closed out with a Certificate of Compliance, but that she will review
the files to check for compliance with any ongoing conditions. Bertoni asks about alternatives
considered, including reducing the size of the pool in order to reduce the impact to the resource.
Squibb asks whether pervious patio pavers could be used instead, to minimize overall impervious
surface area in the 50-Foot No Build Zone. Commissioners schedule a site visit for June 11,
2022, at 8 a.m. There being no further questions or comments from Commissioners or from
members of the public, Buchsbaum moves to continue the hearing to the June 14, 2022 meeting.
Seconded by Squibb. Bertoni takes a roll call vote. Motion passes 5-0.
4. Reconvene Regular Meeting
Squibb moves to reconvene the regular meeting. Seconded by Redmond. Bertoni takes a roll call
vote. Motion passes 5-0.
5. Requests for Determination of Applicability
a. New: 6 Thackery Way—deck replacement and expansion —David Hagen
Documents Reviewed: Request for Determination of Applicability and plans, dated May 9, 2022
Owner David Hagen describes his proposed project to replace and expand his deck within the
100-Foot Buffer. Buchsbaum asks whether he is staying within the existing footprint of the deck.
Hagen describes the increased size of the deck, but that it will not extend past the house closest
to the wetland. Squibb asks about the number of pilings to be added. The Commission discusses
proposed conditions for the project. There being no further questions or concerns, Jones moves
to issue a Negative 3 Determination with the conditions as discussed. Seconded by Redmond.
Bertoni takes a roll call vote. Motion passes 5-0.
6. Requests for Certificates of Compliance
a. New: 34 Paine Avenue,DEP File #5-1223—construct garage and sunroom addition,
in-ground pool, cabana and other site improvements—Rock Edge Irrevocable Trust
c/o Charles Benevento
Documents Reviewed: Request for Certificate of Compliance and as built plan by Dana F.
Perkins, Inc, dated May 17, 2022
Ethan Davis of Dana F. Perkins, Inc on behalf of the applicant, is present to discuss the request.
He describes the expired Order of Conditions and the portions of the work that were and were
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not completed. In particular, the pool was never constructed and the applicant has plans to file a
new NOI as they would still like to install the pool, but the permit is no longer valid. Bertoni
asks about the stone retaining wall, noting that it adds impervious surface, and requests
clarification on other minor changes to the property. Commissioners and Davis discuss the
increased area of impervious surface. Pirrotta reports findings from her site visit and confirms
that yard waste dumping appears to have ceased, as it was not observed in the area described in
the special conditions. She notes the site is grassed and stabilized. Buchsbaum moves to issue a
complete Certificate of Compliance for the project DEP file 95-1223, with the perpetual
conditions as described. Seconded by Squibb. Berton takes a roll call vote. Motion passes 5-0.
b. New: Various Streets -North Beverly Brook Drainage Project,DEP File #5-968—
City of Beverly
Documents Reviewed: Request for Certificate of Compliance from Fuss & O'Neill, dated May
17, 2022
Mike Nelson of Fuss and O'Neill, representing the applicant provides a summary of the request
for a partial Certificate of Compliance for portions of the overall project completed in 2010.
Squibb suggests the applicant wait and request a complete Certificate of Compliance for all
portions of the work at once. Pirrotta says that the Order included drainage improvements at
several different locations, and that the Order is expired. More work is needed at the other
locations in order to obtain compliance, but the City needs more information to implement a
solution. She explains that the partial Certificate is meant to close those overlapping portions of
the work with the newly filed Notice of Intent for the culvert cleaning only. Bertoni says she
wants to know if DEP will be issuing a partial Certificate of Compliance on the Superseding
Order of Conditions before closing this out under the local Ordinance. Squibb would like to wait.
Buchsbaum agrees and suggests they continue this hearing until after the DEP makes a
determination. Buchsbaum moves to continue the discussion to the June 14, 2022, meeting.
Seconded by Squibb. Bertoni takes a roll call vote. Motion passes 5-0.
7. Old/New/Other Business
a. Minor Modification to Order of Conditions
i.New: 6 Cavendish Square, DEP File 95-1340
Owner Jeffrey Williams provides an overview of his request. Buchsbaum is unsure that the
repaving work qualifies as a minor modification to the Order and that it may be more
appropriately reviewed under an RDA. Bertoni believes that there is no increase in impact as the
work footprint will stay the same with no increase in impervious surface area. Members discuss
the landscaping and removal of some of the trees on site, and also agree to modify the special
condition regarding the installation of a stone infiltration trench. Buchsbaum moves to approve
the minor modification with the conditions as discussed. Seconded by Jones. Bertoni takes a roll
call vote. Motion passes 5-0.
b. Enforcement Orders
i. Cont.: Netherton Avenue follow up
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Pirrotta updates the Commission that the owner is on track to complete the work by the date
specified in the latest Enforcement Order. She will follow up with the owner to schedule a site
visit.
c. Tree Removals,If Any
i. 19 Whitehall Circle
Jones is experiencing technical difficulty and leaves the meeting.
Pirrotta provides an overview on the proposed hazard tree removal. There are no wetland
resource areas on the property, however there is a"No-Cut Zone" on a portion of the property,
per the subdivision approval. There is a special condition in the Order of Conditions for the
subdivision that the Commission approve the removal of any hazard trees located within the "No
Cut Zone." The Commission had previously approved removal of some of these hazard trees in
2017,but the owner never initiated the work. The new scope of removal has changed slightly and
the approval was granted more than 3 years ago. Pirrotta checked with the City arborist as well,
and he agreed that the trees appeared to be a hazard. The area was otherwise well-vegetated with
a number of pine, beech, and oak trees. Buchsbaum moves to approve the tree removal at 19
Whitehall Circle. Seconded by Bertoni. Motion passes 4-0.
Jones returns to the meeting.
d. Cont.: West Beach Corporation,beach raking response letter
Pirrotta briefs the Commission on the response from West Beach Corporation attorney Tom
Fallon, after discussion with West Beach Corporation representatives at the previous meeting. In
an email on May 19, 2022, Fallon describes that West Beach Corporation has not authorized
beach access for machinery by the neighbors, but there could have been past unauthorized
access. He explained that adjacent property owners have put up a barrier to prevent access from
West Beach onto their beach. Fallon is present to discuss the response and answer the
Commission's questions. Bertoni says that the Commission is looking for a beach management
plan for the ongoing maintenance activities that would allow the work and avoid impacts to the
designated Priority Habitat on the beach. The Commission sent the same letter to abutters at the
same time as the letter was sent to West Beach Corporation on December 17, 2021, regarding the
need for approval of the beach raking activities on their properties. Fallon mentions costs of a
management plan being prohibitive for the Corporation. Fallon says that West Beach
Corporation only owns and manages a small section of the beach, on which,he claims,there are
no piping plovers nesting. Buchsbaum adds that there are other components to habitat aside from
nesting and that beach management plans are needed regardless of presence of the plovers. It is
Fallon's opinion that if West Beach must have a management plan, then other Beverly beaches
need to have one as well. He also wishes for a specialist to come and confirm that there are no
piping plovers on the section of the beach that is under the management of the Corporation.
Buchsbaum offers that no other beaches in Beverly are located within mapped Priority Habitat
like West Beach is, and that this is a designation provided by the state Division of Fisheries and
Wildlife,Natural Heritage and Endangered Species Program. Berton clarifies that the work in
Priority Habitat would be reviewed by the state in connection with a wetlands filing.
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May 24, 2022 Meeting Minutes
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The Commission asks Fallon whether the Corporation followed up with the state Coastal Zone
Management, who provide guidance on beach management plans, as directed in the December
17, 2021 letter. Fallon says that he left a message. Bertoni confirms that the Town of Manchester
has a plan, but the work area is not located within Priority Habitat. The Commission confirms
that a beach management plan is needed as well as review by the state for work in Priority
Habitat. Fallon suggests that all beaches would need a management plan. Fallon does not believe
that beach raking is subject to review under the Wetlands Protection Act and asserts that this
work has been done for hundreds of years and that developing a plan would be costly to the
Corporation.
Fallon raises the question of what happens if the work is considered jurisdictional and the raking
does not get approved or is only approved with the use of hand raking, noting that this would not
be acceptable for the current uses of the beach. Bertoni notes the concern of doing some raking
and perhaps allowing some wrack to remain, but that the Commission cannot speculate on future
decisions. Fallon confirms that West Beach Corporation does not provide beach access for
mechanical raking for other properties.
Squibb asks about the Priority Habitat designation and Buchsbaum confirms that this is by
qualified biologists. Fallon says that the Priority Habitat was designated broadly and that West
Beach is a small flat beach and that further down there are dunes and grasses. Buchsbaum
clarifies that if work is proposed in designated Priority Habitat then it requires state review,
noting that he recently attended a workshop led by the state that explained this requirement.
Squibb suggested West Beach Corporation contact the state regarding the designation if they
disagree. Bertoni offers that the beach could provide feeding or foraging habitat and not
necessarily nesting. Fallon argues that the December 17, 2021 letter is incorrect in that the raking
is not a jurisdictional activity and that the City performs raking on public beaches. The
Commission confirms that they are looking into permitting of those activities as well.
Pirrotta provides some information from a Natural Heritage biologist describing the mapped
habitat and the rare species provisions of the Wetlands Protection Act. Squibb states that the
Commission should submit a revised letter about the need to coordinate with the state. Jones
recommends they add the contact information for the Natural Heritage and Endangered Species
for Fallon to contact. Pirrotta confirms that this was already included in the December 17, 2021
letter. Fallon says he would agree to seeking approval for working in Priority Habitat but
disagrees that the work is under the Commission's jurisdiction. Squibb suggests West Beach
Corporation discuss this with the Natural Heritage and Endangered Species program staff.
Buchsbaum reiterates that birds could use the beach for other reasons than nesting. Bertoni
asserts that the Commission has jurisdiction over the activity which is within the resource and
that the area is mapped as Priority Habitat.
8. Orders of Conditions
i. Norwood Pond,DEP File #5-1362
The Commission recaps the proposal and discusses the issuance of an Order of Conditions for
the project. Redmond 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
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standard general and perpetual conditions. Seconded by Jones. Berton takes a roll call vote.
Motion passes 3-2,with Squibb and Buchsbaum voting no.
ii. 127 Standley Street,DEP File #5-1363
The Commission recaps the proposal and discusses the issuance of an Order of Conditions for
the project. 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 Bertoni. Bertoni takes
a roll call vote. Motion passes 5-0.
iii. 2 Balch Street, 181 Elliot Street,448 Cabot Street, Cabot Street and MBTA
right-of-way,DEP File #5-1365
The Commission recaps the proposal and discusses the issuance of an Order of Conditions for
the project. 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 Jones. Bertoni takes a
roll call vote. Motion passes 5-0.
iv. 100 West Street,DEP File#5-1368
The Commission recaps the proposal and discusses the issuance of an Order of Conditions for
the project. 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 Jones. Bertoni takes a
roll call vote. Motion passes 5-0.
9. Other: Discussion or Action Items Related to Commission Business,
Correspondence, etc. Received/Issued After Publication of Agenda,If Any
Bertoni thanks members of the Commission for their hard work considering all the material on
the agenda this evening. Members return back to the discussion on the West Beach Corporation
beach management plan and the conversation they had with Fallon. Buchsbaum states the need
for the Commission to have guidance on beach management activities and recalls there is
existing barrier beach management guidance that could be referenced. Buchsbaum understands
Fallon's perspective but states it is up to West Beach Corporation to contact the state regarding
concerns with the area of Priority Habitat designation. Bertoni also confirms that Beverly
Planning Department staff have already reached out to the Town of Manchester regarding their
Town-wide Order of Conditions for the beach management activities performed by Manchester
Department of Public Works on town beaches. Buchsbaum and Squibb agree that it would be a
good idea for Beverly to have such a plan in place.
10. Adiournment
Buchsbaum moves to adjourn at 11:20 p.m. Seconded by Redmond. The motion carries 5-0.
The next regular meeting of the Conservation Commission is scheduled for Tuesday, June 14,
2022.