08_02_2022 Cons Com Minutes - final Beverly Conservation Commission
August 2, 2022 Meeting Minutes
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CITY OF BEVERLY
PUBLIC MEETING MINUTES
BOARD OR COMMISSION: Beverly Conservation Commission
SUBCOMMITTEE:
DATE: August 2, 2022
LOCATION: Virtual Meeting Access Only via Google Meet
MEMBERS PRESENT: Chair Christine Bertoni, Vice Chair Robert Buchsbaum,
Amber Redmond, William Squibb (arrives at 7:09pm),
Meghan Jones (arrives at 8:24pm)
MEMBERS ABSENT:
OTHERS PRESENT: Environmental Planner Jenna Pirrotta
RECORDER: Jenna Pirrotta
1. Chair Bertoni calls the meeting to order at 7:06 p.m. and reads the public notice regarding
holding meetings remotely due to Covid-19. Squibb is experiencing technical difficulties and
has not yet joined the meeting. Jones is expecting to join the meeting later in the evening
2. New: Review of Draft Conservation Restriction, 779, 735, and 695 Cabot Street
(Moraine Farm)—The Trustrees of Reservations
Documents Reviewed: Draft Conservation Restriction and Memorandum of Agreement, dated
July 22, 2022
David Santomenna and Olivia Lukacic of the Trustees of Reservations and Darlene Wynne,
Beverly Director of Planning and Community Development are present for the discussion.
Santomenna provides an overview of the Trustees' recent acquisition of the Moraine Farm
property and that a Conservation Restriction (CR)would be placed on the property. Essentially
the City has purchased the development rights and is working with the Trustees on the
Memorandum of Understanding and a draft CR for the property. Wynne confirms that they are
looking for any questions or comments that the Commission may have and that a vote is not
needed tonight.
Squibb arrives at 7:09pm.
Buchsbaum notes that he did not see any language regarding protection of wildlife in the
document. He raises the issue of allowing new structures for renewable energy and suggests that
solar panels could be installed on the existing buildings to avoid new structures. If wind turbines
are appropriate under the CR, Buchsbaum suggests including this specifically. Buchsbaum asks
about forest management and where agricultural area and natural areas would be located or if it
is specified. Santomenna explains that the CR applies to the three separate subparcels of the
Moraine Farm landscape and that they were selected because they are not already protected. He
confirms that wildlife protection can be added and that structures are not allowed under the CR.
Solar power can be difficult for CRs in that there needs to be a balance for the scenic value and
also can conflict with public access and also the nearby airport. Buchsbaum asks about the
makeup of the landscape within the three parcels and Santomenna confirms that it varies between
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forest and agricultural land. Buchsbaum asks about the width of the carriage road shown on the
plan, as 12 feet seems wider than necessary. Santomenna confirms that 12 feet is the current
width and that they intend to preserve the current width to respect the historic layout.
Bertoni asks about purchasing of a CR versus placing a CR on a property, and Santomenna
explains that in this case, the City is purchasing the CR as a means of investing City funds into
the parcel; however it is more common that CRs are donated. Bertoni asks about including areas
for community gardens. Santomenna explains that this was part of the Community Preservation
Committee discussions and it was agreed to accommodate this, with a preliminary location on
the right side of the farm road and that the Trustees would manage this. Bertoni also asks about
Beverly High School cross country running usage and public parking for cross country running
use and also in general. Santomenna confirms that they are in discussion with Beverly High
School regarding their desire to use the area for cross country running.
Bertoni questions some of the CR language, particularly where "will" is used and suggests this
be changed to "shall." Santomenna confirms that the City Solicitor has also reviewed the
documents and that this is standard language that comes from IRS regulations. Bertoni also
confirms that any future work near wetlands would still be reviewed by the Conservation
Commission, as applicable. Redmond asks about access for Beverly residents year round and
whether an admission fee would be charged. Santomenna notes that the Trustees may consider
admission fees in the future, but this has not been decided yet. Squibb asks about the green
energy language and believes installation should be subject to Conservation Commission
approval.
Bertoni asks for public comment; there is none. Bertoni confirms that the Commission has
already agreed to accept the CR pending a mutually agreeable management strategy and thanks
the Trustees and Wynne for the information.
3. Recess for Public Hearings
Buchsbaum moves to recess for public hearings. Seconded by Redmond. Motion passes 4-0.
4. Notice of Intent/Abbreviated Notices of Intent/Requests for Amended Orders of
Conditions
a. Cont.: 973 Hale Street, DEP File #5-1370— construct single family home with
associated appurtenances and construct garage addition to existing carriage house—
Joan Mullen
Documents Reviewed: Notice of Intent application by Rimmer Environmental Consulting, dated
May 31, 2022 and plans by D.C. MacRitchie, LLC revised dated July 25, 2022
Mary Rimmer of Rimmer Environmental Consulting and engineer Dan MacRitchie are present to
discuss the proposed project. Rimmer recaps the project and describes the plan changes since the
last meeting including adding the 200-Foot Riverfront Area line, shifting the angle of the main
house, moving the garage closer to Hale Street, adding a portion of asphalt, and bringing utilities
up the street. Buchsbaum asks how much of the house is in or outside of the 100-Foot Buffer.
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MacRitchie provides the information from the impact tables. Bertoni confirms that there is new
impervious surface area and also asks about the river. Rimmer confirms that it is Chubb Brook
and that it is tidal in this location. Berton asks about how runoff from the new house will be
handled. MacRitchie explains that a drywell could be added but there is ledge on the site and
gutters and downspouts are proposed. Bertoni notes that work on the decking has been removed
from the plan and will be addressed in a restoration plan, per the Commission's enforcement
order. Rimmer confirms they are working on the restoration plan to submit in time for review at
the Commission's next meeting.
Bertoni asks for comments or questions from members of the public. There being no public
comments and no further questions or comments from the Commission, Redmond moves to
close the hearing. Seconded by Buchsbaum. Bertoni takes a roll call vote. Motion passes 4-0.
5. Reconvene Regular Meeting
Squibb moves to reconvene the regular meeting. Seconded by Redmond. Berton takes a roll call
vote. Motion passes 4-0.
6. Requests for Determination of Applicability
a. New: 5R Netherton Avenue— fence installation—Anthony Gaglione
Documents Reviewed: Request for Determination of Applicability with associated attachments,
dated July 19, 2022
Pirrotta reads the legal notice. Owner Anthony Gaglione is present to discuss the proposed
project. Gaglione describes the proposed construction of two separate sections of fencing to be
installed primarily to keep the family puppy within the yard. He explains there will be a section
of vinyl fencing and a section of cedar fencing and both are planned to be picket-style and that
the holes for the posts would be dug by hand. Buchsbaum asks about spacing in the fence for
wildlife movement. Bertoni notes that the pickets provide gaps for critters. The Commission
discusses potential conditions for the project. There being no further questions, Squibb moves to
issue a Negative 3 Determination under the Act and Ordinance, with conditions as described.
Seconded by Redmond. Bertoni takes a roll call vote. Motion passes 4-0.
7. Requests for Certificates of Compliance
a. Cont.: 14 Bay View Avenue,DEP File #5-1183 —remove trees, replant, and install
stone rip rap coastal bank stabilization—Kevin Puopolo
Documents Reviewed: Request for Certificate of Compliance with associated attachments by
Hancock Associates, dated July 7, 2022; supplemental letter by Hancock Associates, dated July
29, 2022
Devon Morse of Hancock Associates representing the applicant,recaps the continued request,
the findings from the site visit with Pirrotta and Beverly Engineering Department staff, and the
work that was completed. She is requesting the Commission issue a complete Certificate of
Compliance as the landscaping work on the bank is complete. Morse describes the deviation
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from the approved plan including that the rip rap placement on the toe of the bank was never
completed. Morse reports that the owner has no intention to undertake this work and was not
aware that this was part of his project approval. She raises issues from the file including that
Mass Coastal Zone Management staff raised concerns with the addition of coastal engineering
structures such as rip rap on a bank that serves as a sediment source. Bertoni confirms that the rip
rap was proposed as a solution to the erosion issue, and was not imposed by the Commission.
Buchsbaum agrees that it is not the role of the Commission to promote riprap and that it is okay
if the owner does not want to install it. Bertoni agrees with Buchsbaum and refers back to the
May 24, 2016 minutes where the Commission suggested to "let nature takes its course" and
suggests that the Certificate of Compliance should note the portions of work completed or not.
Squibb recalls from the original permitting and the Commission's site visit at the time that the
entire bank appeared to be undermined and raised issues with stability of the bank. Bertoni
confirms that the Order is expired, that the riprap work was not undertaken, that the area is
within the velocity zone, and that the Commission would not ask the owners to stabilize their
own bank.
Squibb confirms whether the Commission can issue a complete Certificate of Compliance in this
case. Bertoni notes that a waiver from an as-built plan was requested, but that the information
submitted with the request does not indicate that the rip rap work was not completed. Morse
explains that Hancock Associates was not the engineer of record for the Order and that they have
not been able to receive permission from the original engineer to annotate the plan. Berton
expresses concern about the lack of a final plan depicting the rip rap area and requests better
information with a closer look to the original plan if it is not feasible to annotate the original.
Morse agrees to provide a plan that the Commission would see fit. Bertoni describes concern
with the request to allow ongoing invasives management on the bank. Pirrotta reads the perpetual
conditions included in the Order.
There being no further questions, Buchsbaum moves to continue the request to the August 23,
2022 meeting. Seconded by Squibb. Bertoni takes a roll call vote. Motion passes 4-0.
a. New: 13 Pond View Lane,DEP File #5-1341 — create a terraced area with retaining
wall and landscaping—Erin Beauregard
Documents Reviewed: Request for Certificate of Compliance with associated attachments, dated
July 8, 2022; as-built plan by GA Consultants, Inc. dated June 29, 2022
Owner Erin Beauregard is present to discuss the request. She recaps the completed work for the
installation of the retaining wall and fencing. Pirrotta confirms she held a site visit with
Beauregard and Beverly Engineering Department staff and that the site was stable and in
compliance with the approved plan and special conditions. The Commission reviews the
perpetual conditions for the project. Redmond moves to issue a complete Certificate of
Compliance under the Act and Ordinance with the perpetual conditions as described. Seconded
by Buchsbaum. Bertoni takes a roll call vote. Motion passes 4-0.
8. Old/New/Other Business
a. Requests for Minor Modification to Order of Conditions
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New: 16 Fosters Point, DEP File #5-1304—Julie Tsakirgis
Documents Reviewed: Request for Minor Modification, dated July 27, 2022
Owner Julie Tsakirgis is present to describe the request for the addition of a pervious patio in the
backyard next to the deck. Bertoni reviews the proposal with Tsakirgis and reviews the existing
special conditions for the project. She asks whether a Certificate of Compliance was filed for the
older Order of Conditions at the property as required by Special Condition 91. Pirrotta confirms
that the Commission issued a partial Certificate of Compliance for the project under DEP File
95-819, but that there is ongoing monitoring of the salt marsh plugs that were planted, before a
complete Certificate of Compliance would be issued. Bertoni asks about the materials that would
be used for the patio and Tsakirgis confirms that they would be the same pavers used elsewhere
on the property. Buchsbaum asks about the purpose of the pavers and whether this is an aesthetic
improvement. Tsakirgis says the area is dirt and rocks and the Commission questions why it is in
that state since the record plan indicates that is an area of grass. Bertoni is concerned with the
proposal including pavers across the entire width of the property and asks about the area of the
pavers. Tsakirgis says that the pavers extend from the 6 foot 10 inch mark on the plan to the 22.5
foot mark on the plan, and says that the stakes and wrap (silt fencing)is still in place. Bertoni
confirms the pavers are proposed entirely within the 50-Foot No Build Zone.
Jones joins the meeting at 8:24pm.
Bertoni states that even though the proposal is for the pavers to be pervious, it is still extensive as
it is proposed from lot to lot. Bertoni asks about any required lot line setbacks and whether
Tsakirgis considered adding any plantings or other mitigation, as the proposal includes more
work in the No Build Zone and into the No Disturbance Zone. Buchsbaum agrees that the patio
seems extensive and that Tsakirgis should consider creative landscaping in the area,instead of
structures. He would rather see the lawn restored or shrubs added. The Commission reviews
photos of the current condition of the property as compared to the pre-construction condition.
Bertoni suggests that the size of the patio should be reduced and the disturbed areas have native
plantings added to enhance the area. Squibb notes that the proposed plan included work in the
25-Foot No Disturbance Zone. Bertoni requests a revised plan that also removes the pavers from
the No Disturbance Zone,in addition to the native plantings as she is not comfortable with the
full scope of the proposal. Tsakirgis asks if the Commission would be willing to compromise and
Bertoni explains that what she is asking for is a compromise to allow some patio, but to scale it
back and add plantings. Tsakirgis confirms she was going to add shrubbery between the pavers
and the grass and Bertoni explains that should be shown on the plan.
There being no further questions or comments, Redmond moves to continue the discussion to the
August 23, 2022 meeting. Seconded by Bertoni. Bertoni takes a roll call vote. Motion passes 5-0.
b. Enforcement Orders
i. Cont.: 5/7/9 Netherton Avenue, follow up
Pirrotta reports that the owner Anthony Gaglione emailed her with confirmation that the "no
disturbance markers" have been installed,per the restoration plan.
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c. Potential Violations,If Any
i. New: 17R Webber Avenue, DEP File 95-1350
Pirrotta reports that she conducted a follow up site inspection at the property with Beverly
Engineering Department staff and the property owner Jozef DeVries. The owner described at the
site visit that there were deviations from the approved plan. Pirrotta recaps the approved project
for invasives removal and construction of hardscape features. DeVries is present at the meeting
and describes the changes in his project including the installation of the French drain and the
change in the patio materials. He cites issues with materials supply and that his contractor urged
him that the approved pavers would not be effective in that location and that patio would become
deformed very quickly after installation. DeVries explains that the pavers have beveled joints
and semi-permeable polymeric sand is located between the pavers. The polymeric sand is
reported to degrade over time, creating natural gaps for water. Bertoni explains that there is a
process for the Commission to approve plan changes and that this appears to be a substantial
change. DeVries agrees and says that he met all the pre-construction requirements,but that he
had to make changes in order to complete the work in a timely fashion, including being able to
complete the restoration planting work, as delaying the hardscape work would delay the planting
work. DeVries asserts he took a risk-based assessment to complete the work when his landscaper
was available. Bertoni asks about the change from a grassy swale to a French drain with pipe
discharging into the no disturbance zone. DeVries explains this was done to get the water away
from his foundation, but that he doesn't know if this approach will work yet as there has been
very little rain. He suggests that as an alternative, a hole can be dug and filled with gravel where
the pipe exits the landscape wall.
Redmond suggests that DeVries consider implementing a rain garden with rocks and plants as a
solution. DeVries says that this was considered by filling the area with rocks and plants but that
water flowed around it and a swale is not practical to dig here so close to his foundation.
Redmond explains that a properly constructed rain garden would make it so that water doesn't
escape. Bertoni agrees and confirms that rain gardens are a solution to allow water to infiltrate
and could work in a compromised tight spot. DeVries asks for more information on where to put
such a rain garden and is not convinced it would work on his property. Redmond explains a
possible location for DeVries to consider and describes how they work and that an experienced
landscape professional should install them. Bertoni confirms with DeVries that the deviation is a
violation of the Order of Conditions and that it is up to him as the applicant to present the design
and not the Commission. DeVries will consider Redmond's advice and will observe the area
once it rains. He is concerned about what he can construct within the private right of way.
Bertoni confirms that DeVries needs to get the work back into compliance with his Order of
Conditions. DeVries raises concerns with work completed by the original home builder and the
suitability of the back filled materials around the foundation. The Commission continues to
discuss measures for infiltration including gravel trenches around the patio and ways to minimize
concentrated flow but DeVries again explains he needs to see what happens during the next rain
event. Redmond raises concern with such a trial and error approach, noting that this can lead to
more disturbance, and that a plan should be provided. DeVries does not believe that the plan
developed by his engineer was the correct solution. Buchsbaum suggests there was a past project
that had a condition regarding an experimental approach based on rainfall and asks about holding
a site visit. Jones agrees about holding a site visit and the Commission schedules a site visit for
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Sam on Saturday, August 6, 2022. DeVries confirms the public may attend. Buchsbaum moves
to continue the discussion to the August 23, 2022 meeting. Seconded by Redmond. Bertoni takes
a roll call vote. Motion carries 5-0.
d. Enforcement Orders (cont.)
ii. Cont.: 62 South Terrace, follow up
Owners Michael Burta and Maria Loguidice are present to recap the restoration work. Pirrotta
recaps for the Commission that an enforcement order governed completion of the restoration
plan by June 30, 2022. The owners contacted Pirrotta noting their delays with their masonry
contractor and inability to complete the work on time. Loguidice outlines the proposed revised
schedule of completion. Bertoni believes it is a reasonable request and confirms that the site is
currently stable. Burta claims that the work completion is at the mercy of the contractor but
appreciates the Commission's extension of time. Buchsbaum moves to amend the enforcement
order with a new completion date of September 15, 2022 and to keep the Commission informed
of the work status. Seconded by Bertoni. Bertoni takes a roll call vote. Motion carries 5-0.
iii. Cont.: 6 Morningside Drive, follow up
Pirrotta recaps the unpermitted work and the Commission's Enforcement Order. She notes that
an engineer has been hired by the owner to complete a Notice of Intent, but that he encountered
delays. They intend to submit the Notice of Intent in time for review at the next meeting. The
Commission decides to amend the EO to document this. Squibb moves to amend the EO for
receipt of the NOI in time for review at the August 23, 2022 meeting. Seconded by Buchsbaum.
Bertoni takes a roll call vote. Motion carries 5-0.
e. Tree Removal Requests,If Any
3 Longham Road/248 Dodge Street
Pirrotta describes the tree removal request for the removal of three cherry trees and one red
maple tree that are reported by the arborist to pose a threat to the property due to rot and/or other
damage. The trees are located within Land Subject to Coastal Storm Flowage, 200-Foot
Riverfront Area, and 100-Foot Buffer to Bank and Bordering Vegetated Wetland. The trees are
in areas of lawn and are proposed to be removed via lift/climbing. Pirrotta describes that the red
maple tree is located at the edge of the resource area and there are already portions of the multi-
leader tree that have fallen into the water. The Commission discusses removing the hazardous
parts of the maple tree and leaving portions of it in tact, to serve as habitat. Jones moves to
approve the request with the implementation of the standard tree removal conditions and that the
maple tree be left at a 5-10 foot height. Seconded by Buchsbaum. Bertoni takes a roll call vote.
Motion passes 5-0.
f. Cont.: West Beach Corporation & other owners along West Beach, Priority Habitat
beach raking
Pirrotta updates the Commission that Attorney Fallon, representing West Beach Corporation,
sent a response letter to the Commission the day before the meeting. The Commission nor
Pirrotta have not yet had a chance to review the letter in detail. Pirrotta confirms that the Mass
Coastal Zone Management and Mass Natural Heritage and Endangered Species Program have
not responded to the Commission's letter yet. Squibb notes that he was recently on the beach and
it was very crowded with little room for birds. He believes the next three abutters are also
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conducting beach raking at their properties. Bertoni believes based on her observations that
mechanical raking is occurring at abutting properties, but it not sure how mechanical equipment
is accessing the beach. Bertoni suggests more time is needed to review the response letter.
Buchsbaum reports that he heard the piping plover nest in this area had failed. Bertoni and
Buchsbaum discuss a recent study that suggested piping plover populations in Massachusetts are
doing well overall. Buchsbaum asserts that there is only a small population in the Beverly area
and that it should be kept up. The Commission agrees to discuss the topic at the next meeting,
after having time to review the new letter.
9. Orders of Conditions
i. 973 Hale Street,DEP File#5-1370
Commissioners recap the project and discuss the issuance of the Order of Conditions.
Buchsbaum moves to issue an Order of Conditions under the MA Wetlands Protection Act and
Beverly Wetland Protection Ordinance with the special conditions and standard general and
perpetual conditions, as discussed. Seconded by Squibb. Bertoni takes a roll call vote. Motion
passes 5-0.
10. Approval of Minutes
a. July 12,2022 executive session
Members review and offer edits to the draft meeting minutes. Redmond moves to approve the
minutes of the July 12, 2022 executive session, as amended. Seconded by Jones. Bertoni takes
a roll call vote. The motion carries 5-0.
b. July 12,2022
Members review and offer edits to the draft meeting minutes. Redmond moves to approve the
minutes of the July 12, 2022 meeting, as amended. Seconded by Jones. Bertoni takes a roll call
vote. The motion carries 5-0.
c. June 14,2022
Members review and offer edits to the draft meeting minutes. Buchsbaum moves to approve
the minutes of the June 14, 2022 meeting, as amended. Seconded by Squibb. Bertoni takes a
roll call vote. The motion carries 5-0.
11. Old/New/Other Business (cont.)
a. New: Discussion on Continuing Remote Meetings or Holding In-Person Meetings
Pirrotta updates the Commission that remote meetings can continue to be held until March 31,
2023, per Chapter 107 of the Acts of 2022, Section 3_ The Commission discusses ongoing
concerns with the pandemic and the convenience of meeting remotely rather than in person.
The Commission agrees to meet remotely as long as they are able to.
12. Adiournment
Squibb moves to adjourn the meeting at 10:05 p.m. Seconded by Jones. Bertoni takes a roll call
vote. The motion carries 5-0.
The next regular meeting of the Conservation Commission is scheduled for Tuesday, August 23,
2022.