04_04_2023 Cons Com Minutes - final City of Beverly Conservation Commission
April 4,2023
Meeting Minutes
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CITY OF BEVERLY
PUBLIC MEETING MINUTES
BOARD OR COMMISSION: City of Beverly Conservation Commission
SUBCOMMITTEE:
DATE: April 4,2023
LOCATION: Virtual via Google Meet
MEMBERS PRESENT: Chair Christine Bertoni,Vice Chair Robert Buchsbaum,Amber
Redmond
MEMBERS ABSENT: William Squibb
OTHERS PRESENT: Director of Planning& Development Darlene Wynne,Conservation
Agent David Spidaliere, Bob Beckerlegge of 48 Paine Avenue,John Cabot of 42 Paine Avenue
RECORDER: Naomi Moca
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.
Redmond: Motion to recess.Buchsbaum seconds. Chair Bertoni takes a roll call vote.Motion
carries(3-0).
2. Recess for Public Hearings
3. Notices of Intent/Abbreviated Notices of Intent/Requests for Amended Orders of Conditions
a. Cont: 34 South Terrace,DEP File#5-1389—construct a fixed pier with associated
gangway,floating dock, and stairs—Virginia Wallace
Bob Griffin of Griffin Engineering is present on behalf of the applicant. Griffin states that the applicant is
requesting a continuation,and additionally is proposing that the Commission consider issuing an
enforcement order for the adjacent properties(32 South Terrace and 36R South Terrace)to remove debris
along the shoreline from fallen piers.
The Commission discusses the damage on the property observed at the site visit from a storm in
December of 2022. The Commission discusses that it is necessary to establish what,if any,violation there
is in order to issue an Enforcement Order. Spidaliere states that in his research into the filings,there was a
Chapter 91 license issued for 36R South Terrace,but that there was nothing in the Conservation
Commission files for 32 South Terrace. The Commission discusses that there is a lack of information
needed to issue an Enforcement Order, and a Violation may be more appropriate.
Griffin states that the Division Marine Fisheries(DMF)letter was received on March 14,2023, and the
applicant has agreed to raise the floats and use skids instead of stones as recommended. Griffin explains
why the DMF recommendation to replace the piling is impractical and states that he still plans to install a
concrete support pinned to the ledge.
Redmond: Motion to continue the hearing to the May 16,2023 meeting. Buchsbaum seconds.
Chair Bertoni takes a roll call vote.Motion carries(3-0).
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b. Cont.: 140 Livingstone Avenue,DEP File#5-1388—demolish and reconstruct a single-
family residence,install an in-ground pool and patio,pool house,driveway,utilities, storm
water management features and landscaping— 140 Livingstone,LLC c/o Edward Doherty
Bob Griffin of Griffin Engineering, Landscape Architect Natalie Adams of Verdant Landscape
Architecture, and the applicant are present. Griffin presents the site plan dated March 30,2023. Griffin
states that a tree-by-tree review was conducted and that multiple trees will need to be removed,including
some Norway Maples. The plan includes an updated phragmites management plan over the course of two
years,with yearly maintenance thereafter, found on Sheet C2 of the plan. Griffin states that the proposed
number of tree plantings as part of the landscaping plan is now about 50.
The Commission discusses the ambitious landscaping plan, and that future reporting on the survivorship
of the plants may be appropriate.
The Commission discusses riverfront regulations that address the criteria for re-development of the lot.
The Commission discusses that there may be less than 10% of the riverfront or 5,000 square feet,
whichever is greater,of alteration to the riverfront area. Griffin and the Commissioners agree that he will
provide a memo clarifying the calculations of the square footage.
Redmond: Motion to continue the hearing to the April 25,2023 meeting.Buchsbaum seconds.
Chair Bertoni takes a roll call vote.Motion carries(3-0).
c. New: 20 Bayview Avenue,DEP File#5-1391--contaminated soil remediation—United
States Coast Guard— Civil Engineering Unit Providence c/o Jason Hagerty
Spidaliere reads the legal notice.Kelly Giles of Renova Environmental Services is present. Giles states
that the project entails removing lead-contaminated soil resulting from the historical use of lead-based
paints from the Hospital Point Coast Guard property.
The Commission discusses that the entire property was tested for contamination,that the duration of the
project will be approximately six weeks,that there will be no blasting in the case of hitting ledge,that the
oil house is not part of the remediation project,the precautions in place while removing the soils,and the
process for excavation and backfilling. Giles agrees to provide the site investigation report and the erosion
control protocols to the Conservation Agent.
Redmond: Motion to close the hearing.Buchsbaum seconds. Chair Bertoni takes a roll call
vote.Motion carries(3-0).
d. New: 68 Paine Avenue,DEP File#5-1390—repair a seawall—Christopher Velonis
Spidaliere reads the legal notice. Christopher Velonis, applicant, and John Allen,Project Engineer of H.B.
Fleming are present. Velonis expresses concern about the safety of his home and expresses gratitude for
Spidaliere's help in this process. Velonis states that a December 2022 storm damaged the property's
seawall and shares a video of a typical storm, seen from the vantage point of his home. Velonis shares
photos of the collapsed seawall and states that there is a Chapter 91 license from 1995 for a series of two
seawalls,one in front of the other,with riprap in front of the revetement. Velonis presents the proposed
project,which includes reconstructing the walls to match the height of the neighboring walls,connecting
into the neighboring walls(which would require closing in the public right-of-way between the
properties), and installing gabion mattresses.
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The Commission discusses the right-of-way and beach access, amending the Chapter 91 license, and the
maintenance work done on the seawall in the years prior to the damage. The Commission discusses
researching the guidelines because the resource area of concern is Coastal Bank,Priority Habitat for
Piping Plover, and shore bird habitat.
Bob Beckerlegge of 48 Paine Avenue expresses his desire to keep the right-of-way to the beach open.
John Cabot of 42 Paine Avenue also expresses concern that the households that have right-of-way access
to the beach be able to maintain that right.
A site visit is scheduled for Saturday,April 22,2023 at 9 a.m.Velonis agrees to allow members of the
public to attend the site visit.
Buchsbaum: Motion to continue the hearing to the April 25,2023 meeting. Redmond seconds.
Chair Berton]takes a roll call vote.Motion carries(3-0).
e. New: 451 Essex Street,DEP File#5-1392—construct a mixed-use commercial and
residential development with associated paved parking lot,utilities, stormwater management
system,and landscaping—Fazio Enterprises,Inc. c/o Nicholas Gabriel
Spidaliere reads the legal notice.Bob Griffin of Griffin Engineering,Nicholas Gabriel of Fazio
Enterprises, and Miranda Siemasko of Glovsky and Glovsky are present. Griffin presents the Notice of
Intent(NOI) for the project. The proposal is to build a mixed-use development and will require site plan
review from the Planning Board. Griffin states that the project has already moved through the Parking and
Traffic Commission and Design Review Board and has had one hearing before the Planning Board thus
far. Griffin describes the project,including parking, storm water management, and the landscaping plan.
Griffin states that the parking lot and driveway are outside the 50-foot No Build Zone.
The Commission discusses that around six feet of fill will be brought into the 50-foot No-Build Zone for
grading purposes,that the corners of the building will be staked,the erosion controls,the irrigation
system for the landscaping,the proposed mitigation, and the proposed grade changes.
Spidaliere shares a written comment by Robert Omaley of 3 Thoreau Circle expressing concern about
stormwater flow being affected by the project.Wynne explains that the Engineering Department reviews
the storm water management report on behalf of DPS and states that she will ensure that Spidaliere
receives the comments from Engineering.
A site visit is scheduled for Saturday,April 22,2023 at 10 a.m. Per the property owner,Griffin agrees to
allow members of the public to attend.
Buchsbaum: Motion to continue the hearing to the April 25,2023 meeting.Redmond seconds.
Chair Berton]takes a roll call vote.Motion carries(3-0).
Redmond: Motion to reconvene the regular meeting.Buchsbaum seconds. Chair Berton]takes a
roll call vote.Motion carries(3-0).
4. Reconvene Regular Meeting
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5. Requests for Determination of Applicability
a. New: 36 Kennel Hill Drive—remove an above ground pool, associated deck, and split rail
fence—Brian Tuttle
Spidaliere reads the public notice.Brian Tuttle, applicant and property owner,is present and expresses
gratitude for Spidaliere's help in the process. Tuttle states that removing the above-ground pool will
decrease impervious surface and return the property to its original state. Tuttle states that the pool will be
removed piecemeal, and the deck and split rail fence will be dismantled and removed.
The Commission discusses the length of time for the pool removal being one day,the process for draining
the pool,repurposing the pea stone,that no heavy equipment will be used,that Tuttle will place
conservation markers, and that the underground supports for the decking will be removed.
The Commission discusses the following conditions:
1. Any dewatering from removal activities related to the pool shall be directed away from the
wetland resource area on the upland side of the property.
2. Pool drawdown shall not occur within 2 weeks of chlorination or operation of the pool to allow
dissipation of chlorine before pool water is released into the environment. Drawdown shall be
directed over upland area to maximize infiltration. Drawdown shall not be directed to the
wetland.
3. Any excavated materials/debris shall be removed and properly disposed of offsite.
4. Storage of construction materials and dumpster shall be located on existing paved areas or outside
the resource areas.
5. Any area that is disturbed during construction is to be revegetated immediately,or as soon
thereafter as the growing season commences,with appropriate local indigenous vegetation.
The Commission discusses the type and number of conservation markers.
Buchsbaum: Motion to issue Negative 3 determination,with the conditions discussed. Redmond
seconds. Chair Berton]takes a roll call vote.Motion carries(3-0).
b. New: 116 Cross Lane—construct a pedestrian bridge,trail expansion and update kiosks—
City of Beverly,Planning Department c/o Darlene Wynne
Spidaliere reads the legal notice. Charlie Mann of the Open Space and Recreation Committee and
Director of Planning and Development Darlene Wynne are present.
Mann presents the site plan for the pedestrian bridge that will cross the Mackerel River within the Sally
Milligan trail system,and the design for the bridge.The Commission discusses the portion of the design
that appears to cut into the bank.Mann agrees to provide a revised design and also agrees to a pre-
construction site visit by the Agent.
A site visit is scheduled for Saturday,April 22,2023 at 11 a.m.
Redmond: Motion to continue the hearing to the April 25,2023 meeting.Buchsbaum seconds.
Chair Berton]takes a roll call vote.Motion carries(3-0).
6. Old/New/Other Business
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a. Minor Modifications to Orders of Condition
i.New: 0 Dodge Street,DEP File#5-1381
Charlie Mann of the Open Space and Recreation Committee and Director of Planning and
Development Darlene Wynne are present.Mann states that the tree removal will be added as a minor
modification in lieu of submitting a tree removal request independently. Wynne explains that the original
Order of Conditions was granted without the review of the City Arborist and Iron Tree. Wynne suggests
that the tree will need to be removed using heavy machinery instead of hand tools, and the remaining
debris will be left in place for habitat.
The Commission discusses different ways,if any,to bring heavy machinery onto the site.Mann agrees to
clarify what heavy machinery will be needed before the next meeting.
Buchsbaum: Motion to continue to the April 25,2023 meeting. Redmond seconds. Chair Bertoni
takes a roll call vote.Motion carries(3-0).
b. Extension Requests
i.New: 675E Hale Street,DEP File#5-1264
Devon Morse,Project Wetland Scientist of Hancock Associates and Landscape Designer Laura Gibson
are present to request an extension.Morse states that additional time is needed to complete state and
federal permitting and that permitting has been delayed due to long review times by the state.
The Commission discusses the tolling period for COVID. The Commission clarifies that this extension is
for the flapper valve in the existing tide gate,and not the pond mitigation.
Redmond: Motion to extend the OOC for one year under the local bylaws. Buchsbaum seconds.
Chair Berton]takes a roll call vote.Motion carries(3-0).
c. Potential Violations,If Any
d. Tree Removal Requests,If Any
i. Cont.: 10 Fieldstone Lane
Lisa Ambrosino,co-owner of the property,is present.Ambrosino states that the other co-owner,her
mother,is requesting to not be required to do any replacement plantings due to physical and financial
hardship.
The Commission discusses alternatives to the original re-planting plan.Ambrosino agrees to consult with
the Agent on appropriate native plantings.
ii. New: 4 Emerson Circle
Alexander Ziolkowski, applicant and property owner is present and states that three Red Oak trees need to
be removed due to decay and proximity to his house.The Commission discusses re-planting with
appropriate native plantings as a condition.
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Buchsbaum: Motion to approve the tree removal request at 4 Emerson Circle.Redmond seconds.
Chair Bertoni takes a roll call vote.Motion carries(3-0).
e. Other: Discussion or Action Items Related to Commission Business, Correspondence, etc.
Received/Issued After Publication of Agenda,If Any
The Commission discusses the most appropriate way to address the damage to the piers at 32 and 36R
South Terrace,such as composing a letter that requests a written response and/or the Agent conducting a
site visit.
f.Expenditure Approvals,If Any
i. New: Conservation Agent March Mileage Reimbursement
Buchsbaum: Motion to approve the mileage reimbursement totaling $15.33. Chair Bertoni
seconds. Chair Bertoni takes a roll call vote.Motion carries(3-0).
ii. Conservation Commission Vice Chair Massachusetts MACC Annual Conference
Workshop Reimbursement
Redmond: Motion to approve the materials reimbursement totaling$30. Chair Bertoni seconds.
Chair Bertoni takes a roll call vote.Motion carries(3-0).
iii. Funding a Part-Time Field Assistant
Wynne states that based on her research, a staff support position is a direct and allowable expense under
the Wetlands Protection Act. Wynne estimates a part-time Field Assistant would earn around
$29,000/year and states that the accounts have the funding to fund the position for up to six years,
including funding for yearly raises. Wynne states that there are several items to consider when evaluating
the position, such as whether the City budget could eventually absorb the cost of the position,whether the
position could eventually become a full-time role,regularly re-evaluating the position, and how the
different accounts could possibly distribute the funding for the position's salary.
Spidaliere provided a memo and draft job description dated today,April 4,2023. The Commission
discusses whether some funding could come from the City to help fund the position.
Other business:
a. Critter Crossing:
The Commission discusses the two signs donated by DeRosa Environmental for the critter crossing at
Cross Lane. Spidaliere agrees to reach out to DPS to install them.
b. Pickleball courts in Birch Plains:
The Commission discusses that the Birch Plains field is at least partially under the jurisdiction of the
Conservation Commission.Wynne states that the Solicitor's Office is looking into the land swap and
clarifies that the pickleball courts are going to be constructed outside the wetlands buffer zone.
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d. Orders of Conditions,If Any
a. New: 20 Bayview Avenue,DEP File#5-1391 —contaminated soil remediation—
United States Coast Guard—Civil Engineering Unit Providence c/o Jason Hagerty
The Commission discusses the following conditions:
1. Sediment or other contaminants removed from the site shall be disposed of in accordance with all
applicable federal, state, and local laws and regulations.
2. Erosion and sedimentation control devices shall be installed along the edge of the down gradient
side of the project area prior to excavation.
3. Erosion and sedimentation control devices shall be inspected daily during periods of active
excavation. Sediments shall be removed from the barriers as soon as they reach a depth of 6-
inches.
4. When mechanical equipment is being used,contractors shall keep hazardous material spill
containment kits on-site in case of a release of oil,gasoline,or other toxic substances.
5. Storage of construction materials and dumpster,if used, shall be located on existing paved areas
or outside the resource areas.
6. After excavation,disturbed soils are to be re-stabilized and re-vegetated as soon as possible and
returned to pre-activity condition.
7. All excavation activities shall be conducted from the landward side of the top of the coastal bank.
No heavy equipment,vehicles or fill are allowed seaward of the limit of work area shown on the
plan of record.
8. Prior to excavation, a copy of the contamination report shall be sent to the Conservation Agent.
9. Prior to excavation, a copy of the remediation and erosion control protocols shall be sent to the
Conservation Agent.
Buchsbaum: Motion to issue Order of Conditions under the Wetlands Protection Act and the local
bylaw for 20 Bayview Avenue DEP File #5-1391 as discussed. Redmond seconds.
Chair Bertoni takes a roll call vote.Motion carries(3-0).
e. Approval of Minutes
i. March 14,2023
Members review and offer edits to the March 14,2023 draft meeting minutes.
Buchsbaum: Motion to accept the March 14,2023 meeting minutes as written. Redmond seconds.
Chair Bertoni takes a roll call vote.Motion carries(3-0).
f. Adjournment
Redmond: Motion to adjourn.Buchsbaum seconds. Chair Bertoni takes a roll call vote.Motion
carries(3-0).
Meeting adjourns at 10:50 p.m.
The next regular meeting of the Conservation Commission is scheduled for Tuesday,April 25,2023.
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