11_28_2023 Cons Com Minutes - final City of Beverly Conservation Commission
November 28,2023
Meeting Minutes
Page 1 of 8
CITY OF BEVERLY
PUBLIC MEETING MINUTES
BOARD OR COMMISSION: City of Beverly Conservation Commission
DATE: November 28, 2023
LOCATION: Virtual via Google Meet
MEMBERS PRESENT: Chair Christine Bertoni, Vice Chair Robert Buchsbaum,
William Squibb, Tara Duffy, Chris Cloutman, Grace
Charles, Amber Redmond
MEMBERS ABSENT:
OTHERS PRESENT: Conservation Agent David Spidaliere, Conservation Field
Inspector Scott White
RECORDER: Naomi Moca
1. Chair Bertoni calls the meeting to order at 7:00 p.m. and conducts a roll call. Bertoni reads
the public notice regarding holding meetings remotely due to COVID-19.
Squibb: Motion to recess for public hearings. Duffy seconds. Bertoni takes a roll call
vote. Motion carries (7-0).
2. Recess for Public Hearings
3. Notices of Intent/Abbreviated Notices of Intent/Requests for Amended Orders of
Conditions
a. Cont.: 54 Pickman Road,DEP File #5-1400 —construct a retaining wall, make
repairs to a stairway for shoreline access, and replace a fence—Gary Benton
Conservation Agent Spidaliere states that the applicant requested to continue the item.
Squibb: Motion to continue the hearing to the December 19, 2023 meeting. Vice
Chair Buchsbaum seconds. Berton takes a roll call vote. Motion carries (7-
0).
b. Cont.: 58 South Terrace, DEP File #5-1402 —extend deck and sun porch—Ralph
Puopolo
Property owner Ralph Puopolo and Matthew Marro of Marro Environmental Consulting are
present. Puopolo shares the site plan dated October 30, 2023, and states that since the November
8, 2023 meeting 1)the narrative response to what DEP requested has been prepared by Marro, 2)
Marro added a table to the plan depicting proposed increases in impervious surface and
mitigation, and 3)the Coastal Bank delineation has been provided to the Commission. Puopolo
states that an additional 24 square feet of plantings have been added to the site plan to meet the
2:1 mitigation ratio requirement.
1
City of Beverly Conservation Commission
November 28,2023
Meeting Minutes
Page 2 of 8
Puopolo clarifies that the proposed landscape plan dated September 25, 2023, is no longer part of
the mitigation plan. Bertoni confirms with Puopolo that there are two proposed helical piles to
support the cantilevered deck. Puopolo agrees that he will provide the one-page engineering
illustration of the helical piles to the Commission to include in their files.
Marro states that he superimposed the profile onto the sketch of the slope. Marro agrees to
provide the DEP profile to the Conservation Agent.
Buchsbaum: Motion to close the hearing. Redmond seconds. Bertoni takes a roll call vote.
Motion carries (7-0).
c. Cont.: 78 Grover Street,DEP File#5-1403 —construct a small pedestrian bridge—
Essex County Greenbelt c/o Dave McKinnon
Dave McKinnon of Essex County Greenbelt is present and states that in response to the DEP
comments, a sketch showing the resource area in relation to the bridge placement was provided
to the Commission. McKinnon clarifies that the project will use posts, as is required to do a
limited project, and will approach the Commission again for an amendment if it becomes
necessary to use six-by-six sleepers in the resource area. McKinnon states that six-inch-wide
decking boards will be used on the bridge to allow the sunlight through to the vegetation.
McKinnon states that the height of the bridge was determined by stream flow and the relative
height of the bank on either side of the bridge. Buchsbaum asks how stream flow was measured
and McKinnon states that the applicant has observed the flow for several years since the tree was
uprooted. Bertoni confirms with McKinnon that the ends of the bridge which touch the ground
will be supported by sleepers and there will be no disturbance to the Inland Bank.
Redmond: Motion to close the hearing. Charles seconds. Bertoni takes a roll call vote.
Motion carries (7-0).
Squibb: Motion to reconvene the regular meeting. Redmond seconds. Bertoni takes a
roll call vote. Motion carries (7-0).
4. Reconvene Regular Meeting
5. Requests for Determination of Applicability
a. Cont.: 16 East Street—construct an addition and deck—Robert Heil
Property owner Robert Heil and Gaetano Manganiello of Genesis Construction are present. Heil
states that a site visit was conducted by the Commission on November 11, 2023. Heil shares the
proposed plot plan by LeBlanc Survey Associates and clarifies that the edge of the wetland was
confirmed by the surveyor. Heil shares an aerial map showing the wetlands in the 14 East Street
property. Heil states that the intermittent stream does not go through the 16 East Street site.
2
City of Beverly Conservation Commission
November 28,2023
Meeting Minutes
Page 3 of 8
The Commission requests that a note be added to the plan to label the intermittent stream. Heil
also agrees to label the 25-foot No Disturb Zone. Squibb asks where the site starts to slope and
Heil agrees to indicate the elevation on the site plan. Heil states that he removed the pile of yard
waste that was identified during the site visit. The Commission requests that the revised site plan
eliminate the 200-foot Riverfront line.
The Commission discusses the following conditions:
1. During the work, any storage of equipment shall be located on existing paved areas or as
close to the street as possible.
2. Prior to any work occurring, erosion controls shall be installed between the work area and
the wetland resource area and shall remain in place for the duration of the work.
3. The use of timbers pressure treated with A.C.Q. (Alkaline Copper Quats) or the
equivalent is permitted as construction material for the deck. Creosote treated timber is
prohibited. Wood preservative must be dry before any treated wood is used in
construction.
4. All areas disturbed during construction shall be immediately stabilized against erosion
and revegetated with non-invasive fast growing erosion control species or local
indigenous plants within thirty (30) days of final on-site grading.
5. Prior to the start of work, an updated plan shall be provided to the Conservation Agent
with the addition of the 25' No Disturb Zone buffer and removal of the 200' Riverfront
line.
6. No yard waste is to be deposited into the wetland resource area. This condition shall
survive in perpetuity.
7. There shall be a 10-foot no mow zone from the edge of the intermittent stream.
Buchsbaum: Motion to issue a negative 3 determination with the conditions as discussed,
conditional upon receiving the final pan submissions. Charles seconds.
Bertoni takes a roll call vote. Motion carries (7-0).
b. New: 25 Trask Court—Construct a sprinkler,pump, and electric room addition — on
One Apple Road LLC
Spidaliere reads the legal notice. Property owners Chris and Steven Mscisz are present and Chris
Mscisz states that the twelve apartments are almost completely reconstructed after a fire. All
three buildings have to be brought up to code, which entails installing a sprinkler system. A
small shed will be constructed to house the sprinkler equipment on the east side of the building.
The alternate modes of egress are located at the rear of the building and the shed for the electrical
equipment is located at the west of the building, leaving the east side as the only available
location for this purpose. Mscisz shares the site plan.
The Commission discusses that the wetland resources are BVW and Inland Bank associated with
an intermittent stream. Spidaliere states that he conducted a site visit and points out the tree line
on the site plan.
The Commission discusses the following conditions:
3
City of Beverly Conservation Commission
November 28,2023
Meeting Minutes
Page 4 of 8
1. During the work, any storage of equipment shall be located on existing paved areas or as
close to the street as possible.
2. Prior to any work occurring, erosion controls shall be installed between the work area and
the wetland resource area and shall remain in place for the duration of the work.
3. All areas disturbed during construction shall be immediately stabilized against erosion
and revegetated with non-invasive fast growing erosion control species or local
indigenous plants within thirty (30) days of final on-site grading.
4. Prior to the start of work, an updated plan shall be provided to the Conservation Agent
depicting buffer zones for the 25' No Disturb Zone, 50' No Build Zone, and 100' Buffer
Zone.
Squibb: Motion to issue a negative 3 determination with the conditions as discussed.
Redmond seconds. Bertoni takes a roll call vote. Motion carries (7-0).
c. New: 150 Sohier Road - install 25 monitoring wells and minor grading—Varian c/o
Matthew Gillis
Spidaliere reads the legal notice. Kyle Purdy and Raymond Cadorette of Jacobs Engineering are
present. Purdy states that the proposed work is the installation of 25 monitoring wells and
includes minor grading activities required for the safe operation of the drill rig. The wells are
being installed as part of the State-required remediation at Varian's former facility.
Purdy shares the site plan and states that all of the monitoring wells are proposed to be drilled
within a mowed lawn area. Purdy states that the site grading will remain, and the area will be
returned to a vegetated state. The purpose of the work is exploratory in nature and is to monitor
groundwater and collect samples.
Cadorette states that Jacobs Engineering will test the water for contaminants. Cadorette clarifies
that there are already existing wells on the property and that this application is only for the new
wells. Cadorette states that after testing, the samples will be placed in roll-off containers and sent
off-site for appropriate disposal, with the expectation that the samples will be contaminated.
The Commission discusses the following conditions:
1. Prior to any work occurring, erosion controls shall be installed between the work area and
the wetland resource area and shall remain in place until final site stabilization. A site
visit shall be scheduled with the Conservation Agent to inspect the erosion controls prior
to the start of work.
2. During the work, any storage of equipment shall be located on existing paved areas or as
close to the street as possible.
3. A spill kit shall be on site for the duration of the work.
4. All drill spoils shall be immediately containerized and disposed of at an appropriate
offsite facility; open stockpiling is prohibited.
5. Any areas disturbed during drilling and grading are to be revegetated immediately, or as
soon thereafter as the growing season commences.
4
City of Beverly Conservation Commission
November 28,2023
Meeting Minutes
Page 5 of 8
6. Prior to the start of work, an updated plan shall be provided to the Conservation Agent
depicting the 50' No Build Zone.
The Commission discusses that the applicant plans to commence the work in December 2023.
Squibb: Motion to issue a negative 3 determination with the conditions as discussed.
Charles seconds. Bertoni takes a roll call vote. Motion carries (7-0).
6. Old/New/Other Business
a. Potential Violations
i. Cont.: 531R Hale Street—Loring Trust, Caleb Loring III
Property owner Caleb Loring III is present. Spidaliere states that he and White conducted a site
visit with Project Wetland Scientist Devin Morse of Hancock Associates to determine which
areas of restoration to focus on. 23 trees in total were found to have been removed in the last five
years and will be replaced. The applicants will file two after-the-fact NOIs (531R Hale Street and
569-573 Hale Street, independently). Spidaliere states that restoration plans are underway and
will be submitted in early 2024. The Commission discusses whether it is preferable to file the
restoration plan first or as part of the after-the-fact NOI, and the members agree that it is
preferable to include it with the NOI.
Loring III expresses his gratitude for Spidaliere's assistance.
ii. Cont.: 569-573 Hale Street—Peter & Babette Loring
Discussed above.
b. Other: Discussion or Action Items Related to Commission Business,
Correspondence, etc. Received/Issued After Publication of Agenda,If Any
i. 2024 Meeting Schedule
The Commission discusses that while remote meetings remain in place for 2024, in-person
meetings are not necessarily precluded. The Commission discusses the possibility of meeting at
6:30 p.m. instead of 7 p.m.
Duffy: Motion to approve the 2024 meeting schedule as presented with the
modification that meetings will start at 6:30 p.m. instead of 7:00 p.m.
Buchsbaum seconds. Berton takes a roll call vote. Motion carries (7-0).
ii. Nominate Grace Charles for open OSRC seat
Redmond: Motion to nominate Grace Charles for the open OSRC seat. Buchsbaum
seconds. Bertoni takes a roll call vote. Motion carries (6-0-1). Charles
abstains.
5
City of Beverly Conservation Commission
November 28,2023
Meeting Minutes
Page 6 of 8
c. Expenditure Approvals
i. MACC-E-Handbook annual fees
Spidaliere states that the MACC e-handbook fee is $20.00 per year, per member.
Redmond: Motion to approve the purchase of eight(8) 2024 MACC e-handbooks,
totaling $160.00. Squibb seconds. Bertoni takes a roll call vote. Motion
carries (7-0).
ii. Cape Ann Vernal Pond Team donation
Spidaliere states that in the past,the Commission has donated$100.00. The Commission
discusses that the donation comes from the regular funds, and discusses the many positive
contributions of the Cape Ann Vernal Pond Team. The Commission discusses that it is
appropriate to revisit the minutes from previous years' meetings first to ensure that there is no
potential conflict of interest.
7. Orders of Conditions
a. 58 South Terrace,DEP File #5-1402—extend deck and sun porch—Ralph Puopolo
The Commission discusses the following conditions:
1. Any excavated materials/debris shall be removed and properly disposed of offsite.
2. No heavy equipment shall be stored or refueled in the resource areas.
3. All construction activities shall be conducted from the landward side of the top of the
coastal bank. No heavy construction equipment, vehicles or fill are allowed seaward of
the limit of work area shown on the plan of record.
4. All areas disturbed during construction shall be immediately stabilized against erosion
and revegetated with non-invasive fast growing erosion control species or local
indigenous plants within thirty (30) days of final on-site grading.
5. The use of timbers pressure treated with A.C.Q.(Alkaline Copper Quats), C.C.A
(Chromated Copper Arsenate) or the equivalent is permitted as construction material for
the stairs. Creosote treated timber is prohibited. Wood preservative must be dry before
any treated wood is used in construction.
6. 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.
7. Not less than 2 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 on the landward side of Coastal
Bank on either side of the house. 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.
6
City of Beverly Conservation Commission
November 28,2023
Meeting Minutes
Page 7 of 8
8. The signs/monuments as described in Special Condition 97 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.
9. The deck addition shall be cantilevered.
10. The deck addition shall not be enclosed.
11. Crushed stone (3/4"-11/z") shall be placed under the deck. The crushed stone shall only be
placed within the buffer zone and not directly on the Coastal Bank. Any liner placed
under the crushed stone shall be water permeable.
12. The mitigation plantings shall exhibit at least 75% overall survivorship after two growing
seasons post installation and shall be verified by the Conservation Agent.
9 p.m.: White departs.
Squibb: Motion to issue an OOC for 58 South Terrace, DEP File 95-1402 with the
conditions as discussed including general, standard, and perpetual conditions
under both the Wetlands Protection Act and the Local Wetlands Ordinance.
Redmond seconds. Bertoni takes a roll call vote. Motion carries (7-0).
b. 78 Grover Street, DEP File#5-1403 —construct a small pedestrian bridge—Essex
County Greenbelt c/o Dave McKinnon
The Commission 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. All materials shall be cut off-site or outside of the jurisdictional buffer zones.
4. Any debris entering the stream from construction activities shall be recaptured for
appropriate disposal.
5. Any damage caused as a direct result of this project to any wetland resource areas shall
be the responsibility of the applicant to repair or restore.
6. The use of timbers pressure treated with A.C.Q. (Alkaline Copper Quats) or the
equivalent is permitted as construction material. Creosote treated timber is
prohibited. Wood preservative must be dry before any treated wood is used in
construction.
7. Hand tools shall be used for on-site assembly.No heavy construction equipment, gas
powered tools, or vehicles are permitted during bridge construction.
8. 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.
9. Dredging is neither proposed nor permitted in this filing.
10. If the proposed pilings cannot be installed to a depth that is safe for construction, the
applicant shall request an amendment to this Order of Conditions and provide mitigation.
7
City of Beverly Conservation Commission
November 28,2023
Meeting Minutes
Page 8 of 8
Squibb: Motion to issue an OOC for 78 Grover Street, DEP File 95-1403 with the
conditions as discussed including general, standard, and perpetual conditions
under both the Wetlands Protection Act and the Local Wetlands Ordinance.
Charles seconds. Bertoni takes a roll call vote. Motion carries (7-0).
8. Approval of minutes
a. November 8,2023
The members review and offer edits to the November 8, 2023 draft meeting minutes.
Buchsbaum: Motion to accept the November 8, 2023 meeting minutes as amended. Duffy
seconds. Bertoni takes a roll call vote. Motion carries (6-0-1). Redmond
abstains.
9. Adjournment
Duffy: Motion to adjourn. Charles seconds. Bertoni takes a roll call vote. Motion
carries (7-0).
Meeting adjourns at 9:28 p.m.
The next regular meeting of the Conservation Commission is scheduled for Tuesday,
December 19, 2023.
8