06_06_2023 Cons Com Minutes - final City of Beverly Conservation Commission
June 6,2023
Meeting Minutes
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CITY OF BEVERLY
PUBLIC MEETING MINUTES
BOARD OR COMMISSION: City of Beverly Conservation Commission
SUBCOMMITTEE:
DATE: June 6, 2023
LOCATION: Virtual via Google Meet
MEMBERS PRESENT: Chair Christine Bertoni, Vice Chair Robert Buchsbaum,
Amber Redmond, William Squibb
MEMBERS ABSENT:
OTHERS PRESENT: Conservation Agent David Spidaliere
RECORDER: Naomi Moca
1. Chair Berton calls the meeting to order at 7:00 p.m. and reads the public notice regarding
holding meetings remotely due to COVID-19.
Squibb: Motion to recess. Redmond seconds. Bertoni takes a roll call vote. Motion
carries (4-0).
2. Recess for Public Hearings
3. Notices of Intent/Abbreviated Notices of Intent/Requests for Amended Orders of
Conditions
a. Cont.: 68 Paine Avenue,DEP File#5-1390 —repair a seawall — Christopher Velonis
Spidaliere states that the applicant requested to continue to the June 27, 2023 meeting.
Redmond: Motion to continue the hearing to the June 27, 2023 meeting as requested.
Squibb seconds. Bertoni takes a roll call vote. Motion carries (4-0).
b. Cont.: 110 Hart Street, DEP File#5-1393 — construct a patio,two walkways with
granite steps, and a retaining wall, with grading and associated landscaping—Jeanne
Tomich
Spidaliere states that the applicant requested to continue to the June 27, 2023 meeting.
Squibb: Motion to continue the hearing to the June 27, 2023 meeting as requested.
Buchsbaum seconds. Bertoni takes a roll call vote. Motion carries (4-0).
c. Cont.: 4 Cabot Street, DEP File# 5-1396—demolish a commercial building and
create public parking— City of Beverly c/o Michael Collins
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Mike Campagnone of Foth Infrastructure& Environment, LLC is present and states that the
project has been scaled back due to receiving a comment letter from MassDEP that expressed
concerns about stormwater management standards not being met. Campagnone states that the
existing building is in disrepair as observed at the Commission's site visit on June 3, 2023 and
needs to be removed. Campagnone states that the City plans to demolish the Rowand's building
and decks.
The Commission discusses that MassDEP has not yet sent comments in response to the new
plan,that the buildings will be removed and disposed of at an appropriate facility, that the
foundation will be broken up and removed, and that any areas exposed due to the removal of the
buildings will be treated with clean crushed stone. Campagnone states that erosion controls will
be in place for the demolition.
Squibb: Motion to close the hearing. Redmond seconds. Bertoni takes a roll call vote.
Motion carries (4-0).
d. Cont.: 478 Rantoul Street,Local IVW— construct a residential condominium
complex with associated lawn area, storage and parking—Vincent Orlando
Alex Cedrone of Bobrek Engineering and Evin Guvendiren of DeRosa Environmental are
present. Cedrone states that he met with City of Beverly Engineer Lisa Chandler onsite to discuss
whether the existing compacted gravel driveway and parking lot should be considered as an
impervious surface. Cedrone observed at the Commission's June 3, 2023 site visit that a puddle
had accumulated in the area, and he cited that as proof that the surface is impervious.
Chandler requested that a manhole be installed prior to the infiltration chamber so that the field
and chamber can be better accessed for cleaning and maintenance. Chandler also requested
information on the dumpster placement.
Materials added to the record:
• Comments from City of Beverly Engineer Lisa Chandler on the Stormwater Report
The Commission discusses the possibility of runoff being directed toward the wetland below the
property, that downspouts from the building's roof are directed to the ground, whether the roof
runoff can be captured or redirected, and the possibility that all the roof runoff may be infiltrated
onsite.
The Commission discusses that the applicant plans to keep a few trees along the IVW, and that
some trees will be removed, including bamboo. Cedrone states that the dumpster will have a 6-
foot fence around it and will be placed on a pervious surface with any garbage seepage draining
toward the parking lot into the catch basin. The Commission discusses that snow storage will be
onsite and any extra snow will be removed offsite. Cedrone states that the snow melt will drain
toward the pavement and into the catch basin.
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Guvendiren and Cedrone state they are willing to continue the hearing to research solutions for
the Commission's concerns about the roof runoff, the dumpster drainage, and the snow storage.
Squibb: Motion to continue the hearing to the June 27, 2023 meeting. Redmond
seconds. Berton takes a roll call vote. Motion carries (4-0).
e. Cont.: 3 Melvin Avenue,DEP File#5-1394—propose a building addition,pier
repairs and landscape improvements—Paul Furnari
Bob Griffin of Griffin Engineering is present and after review at the Commission's site visit on
June 2, 2023, the applicant will add an infiltration strip. Griffin states that in response to
MassDEP comments regarding the proposed salt marsh restoration, the plan has replaced the
initially proposed salt marsh plantings with two large planting beds on either side of the property.
Griffin summarizes the proposed changes and states that the applicant is committed to the few
years of follow up needed to mitigate the Japanese knotweed. The Commission discusses that
there is no planting list with the proposal to allow the applicant to select from a range of
appropriate options for plantings. There will be less than 2,000 square feet of impervious surface
on site once the project is complete. Griffin agrees to provide a revised plan with the additional
mitigation to the Commission.
Redmond: Motion to close the hearing. Squibb seconds. Bertoni takes a roll call vote.
Motion carries (4-0).
f. New: 12H Jordan Street,No DEP File # as of posting—construction of a single-
family residence with associated driveway,porch, deck,walk,utilities and landscape
improvements —John and Lauren Iltis
Spidaliere reads the legal notice. Bob Griffin of Griffin Engineering is present on behalf of the
property owner and states that the parcel is a roughly 8,000 square foot undeveloped lot adjacent
to the North Beverly Drainage Channel behind Beverly High School, which is a Perennial
Stream. The parcel is in Riverfront Area, is located in FEMA AE flood zone, is considered
Bordering Land Subject Flooding, and is within 100-foot buffer to Inland Bank. Griffin states
that the NOI is for the construction of a 21/2 story single-family house with associated driveway,
porch, deck, walkway,utilities, and landscape improvements.
Griffin shares the site plan including an elevated deck at the back of the house, a paved area to
park a car, and a 500-gallon drywell for dwelling runoff. Because the site is Bordering Land
Subject to Flooding, the plan is to compensate for flood storage lost from the installation of fill
by cutting into the back section of the lot and also adding the flood vents in the basement. Griffin
states that the plan has already received a favorable decision from the Zoning Board of Appeals.
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The Commission discusses that there is no firm planting plan yet, that whether the deck will be
covered is unknown, and that Bill Manuell of Wetlands and Land Management, Inc. delineated
the wetland resource areas.
A site visit is scheduled for Saturday, June 10 at 8 a.m.
Redmond: Motion to continue the hearing to the June 27, 2023 meeting. Buchsbaum
seconds. Bertoni takes a roll call vote. Motion carries (4-0).
Squibb: Motion to reconvene the regular meeting. Buchsbaum seconds. Bertoni takes
a roll call vote. Motion carries (4-0).
4. Reconvene Regular Meeting
5. Requests for Determination of Applicability
6. Requests for Certificates of Compliance
a. New: 34 Paine Avenue,DEP File#5-1369 —construct an in-ground pool with
cabana and patio—Rock Edge Irrevocable Trust c/o Charles Benevento
Ethan Davis of Dana F. Perkins, Inc. is present on behalf of the applicant and states that all the
work has been completed, noting that 200 pollinator plants were planted around the pool area.
The 500-gallon drywell was moved eight feet to the north, further away from the wetland
resource area. Davis states that the proposed iron fence was not constructed and that the
swimming pool was constructed with an automatic pool cover instead, as permitted by the
building code.
Spidaliere states that he visited the site with the project applicant's engineer on May 30, 2023
and he observed that the site appears stable and that special conditions have all been complied
with.
Squibb: Motion to issue a Complete Certificate of Compliance with perpetual
conditions. Redmond seconds. Bertoni takes a roll call vote. Motion carries
(4-0).
7. Old/New/Other Business
a. Enforcement Matters
i. Cont.: 25 Linden Avenue -Leslie Salter
Property owner Steve Slocomb is present and states that he had been working with Hancock
Associates on the NOI, and with Reasam Landscaping on invasives removal and plantings. The
Commission discusses that the invasive plants should be considered on an selective basis and
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that they will be hand-pulled. Slocomb agrees to provide an implementation schedule to the
Commission before the next meeting.
ii. Cont. 16 Branch Lane— 16 Branch Lane, LLC
Frank Postma of EA Engineering is present and states that the majority of the rip-rap has been
removed, the vegetation that was removed has been taken offsite, the area has been regraded, the
banks have been restored to the pre-excavation condition, the organic soils that were excavated
were used for the plantings, a coir log system was installed along the slope,the wall has been
restored, and a wetland seed mix was raked into the disturbed areas. Postma states that while the
Red Maple and Black Willow were obtained, the full replacement of vegetation has been delayed
due to supply issues. The contractor will plant appropriate replacements as soon as possible and
Postma will provide the Commission with a status memo at that point.
The Commission discusses extending the deadline by 30 days to July 6, 2023. The property
owner or representative are to return to the Commission at their July 18, 2023 meeting to
confirm that the work has been completed. The Commission discusses whether enforcing fines
will be necessary in the future if the work is not completed by the updated deadline.
Buchsbaum: Motion to amend the Enforcement Order with work completion deadline to
be July 6, 2023. Redmond seconds. Bertoni takes a roll call vote. Motion
carries (4-0).
iii. New: 12 Museum Road—Elaine Crowley
Property owner Elaine Crowley and Engineer George Zambouras are present. Zambouras states
that Special Condition 91 requires that the property owner submit a landscaping plan to the
Conservation Agent for review prior to planting. Spidaliere issued an Enforcement Order as the
OOC expired April 15, 2023 and the planting plan was never submitted to the Conservation
Commission. Zambouras and Crowley agree to provide a planting plan to the Agent on or before
June 20, 2023 and to return for the June 27, 2023 meeting to receive approval from the
Commission on the planting plan.
Buchsbaum: Motion to ratify the Enforcement Order as discussed. Squibb seconds.
Bertoni takes a roll call vote. Motion carries (4-0).
b. Potential Violations,If Any
i. New: 34 Lothrop Street—Wayne Ferrari
Property owner Wayne Ferrari and Matthew Ulrich of Ulrich Landscape Collaborative are
present. Spidaliere states that a neighboring property owner alerted him to unpermitted work
happening on the property within Conservation Commission jurisdiction, so he conducted a site
visit with the property owner, and he observed the issues were relatively minor in nature.
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Ferrari expresses regret that he unknowingly bypassed obtaining clearance from the
Commission. Ulrich states that the property grade has not changed, that granite slab steps were
installed within the 100-foot buffer zone to Isolated Vegetated Wetland (IVW), and he details the
plantings that were planted and that are being planned. The Commission discusses that the steps
were transported to the slope via heavy machinery across the property, that a railing will not be
installed, and that the resource is shrub swamp IVW.
The Commission discusses that an after-the-fact RDA is appropriate. The Commission offers
Ferrari and Ulrich guidance for initiating the RDA process.
c. Expenditure Approvals,If Any
i. Conservation Agent May Mileage Reimbursement
Redmond: Motion to approve the mileage reimbursement totaling $45.45. Squibb
seconds. Bertoni takes a roll call vote. Motion carries (4-0).
8. Orders of Conditions,If Any
a. 4 Cabot Street,DEP File# 5-1396— demolish a commercial building and create
public parking—City of Beverly c/o Michael Collins
The Commission discusses the following conditions:
1. All demolished materials, excavated soils, or other related debris shall be immediately
removed to an appropriate offsite facility.
2. Storage of demolition equipment shall be located on existing paved areas or outside the
resource areas.
3. Erosion controls shall be installed between the work area and the wetland resource, prior
to the start of demolition and shall be inspected by the Conservation Agent.
4. Erosion and sedimentation control devices shall be inspected daily during periods of
active demolition.
5. During demolition, disturbed soils are to be re-stabilized and re-vegetated as soon as
possible.
6. Only clean crushed stone shall be placed on site in the building footprint.
7. The slab foundation is to be broken up and removed from the site.
8. Not less than 3 weather resistant signs or monuments, bearing the following language
"Protected Wetland Resource Area -No Disturbance Beyond This Point Per Order of
Beverly Conservation Commission" shall be installed equidistant along the edge of the
25-Foot No Disturbance Zone. Said signs/monuments shall be installed such that they are
not less than 2 feet and no more than 4 feet above grade to ensure that it is visible in the
field.
9. The signs/monuments as described in Special Condition #8 above shall be kept in good
repair and replaced as necessary. This condition shall survive in perpetuity beyond the
issuance of a Certificate of Compliance.
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Redmond: Motion to issue an OOC with the special conditions as discussed including
standard and perpetual conditions under both the Wetlands Protection Act
and the Local Wetlands Ordinance. Buchsbaum seconds. Bertoni takes a roll
call vote. Motion carries (4-0).
b. 3 Melvin Avenue,DEP File#5-1394 —propose a building addition, pier repairs and
landscape improvements—Paul Furnari
The Commissions discusses the following conditions:
1. Any excavated materials/debris shall be removed and properly disposed of offsite.
2. Storage of construction materials and dumpster shall be located on existing paved areas
or outside the resource areas.
3. Erosion and sedimentation control devices shall be installed along the edge of the down
gradient side of the project area prior to construction as depicted on the approved site
plan.
4. Erosion and sedimentation control devices shall be inspected daily during periods of
active construction and bi-weekly during the remainder of the construction period.
5. Runoff from the site shall be directed through sedimentation control barriers.
6. During construction, disturbed soils are to be re-stabilized and re-vegetated as soon as
possible.
7. The mitigation plants depicted on the approved site plan shall exhibit at least 75% overall
survivorship after two growing seasons post installation and shall be verified by the
Conservation Agent.
8. Annual monitoring reports of the native plantings outlined in Special Condition 97 above
shall be provided to the Conservation Agent at the end of the growing season, for a
minimum of two growing seasons.
9. Not less than 3 weather resistant signs or monuments, bearing the following language
"Protected Wetland Resource Area -No Disturbance Beyond This Point Per Order of
Beverly Conservation Commission" shall be installed equidistant along the edge of the
25-Foot No Disturbance Zone. Said signs/monuments shall be installed such that they are
not less than 2 feet and no more than 4 feet above grade to ensure that it is visible in the
field.
10. The signs/monuments as described in Special Condition 99 above shall be kept in good
repair and replaced as necessary. This condition shall survive in perpetuity beyond the
issuance of a Certificate of Compliance.
11. The use of timbers pressure treated with A.C.Q. (Alkaline Copper Quats) or the
equivalent is permitted as construction material for the deck and pier. Creosote treated
timber is prohibited. Wood preservative must be dry before any treated wood is used in
construction.
12. An approved planting plan shall be presented to the Conservation Agent prior to the start
of construction, which is to include the removal of Japanese knotweed and a mitigation
planting area of 1,082 square feet or as close as is practicable given the lot size.
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13. All application of herbicides for Japanese knotweed invasives treatment shall be applied
by an applicator licensed by the Massachusetts Department of Agricultural Resources,
Pesticide Bureau.
14. Debris shall be removed from the resource areas and within the 25-foot No Disturb Zone.
The Commission discusses encouraging the applicant to obtain a Chapter 91 license if it has not
already been obtained.
Redmond: Motion to issue an OOC with the special conditions as discussed including
standard and perpetual conditions under the Local Wetlands Ordinance and
Wetlands Protection Act. Squibb seconds. Bertoni takes a roll call vote.
Motion carries (4-0).
9. Approval of Minutes
a. May 16,2023
The members review and offer edits to the May 16, 2023 draft meeting minutes.
Buchsbaum: Motion to accept the May 16, 2023 meeting minutes as amended. Squibb
seconds. Bertoni takes a roll call vote. Motion carries (4-0).
The Commission discusses that the only member whose term is expiring in 2023 is Bertoni's on
June 30, 2023, and the steps to be re-appointed should she choose. The Commission discusses
that Redmond's expires on June 30, 2024, and Buchsbaum's and Squibb's expire on June 30,
2025.
10.Adjournment
Buchsbaum: Motion to adjourn. Squibb seconds. Bertoni takes a roll call vote. Motion
carries (4-0).
Meeting adjourns at 10:00 p.m.
The next regular meeting of the Conservation Commission is scheduled for Tuesday, June
27, 2023.
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