12_19_2023 Cons Com Minutes - final City of Beverly Conservation Commission
December 19,2023
Meeting Minutes
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CITY OF BEVERLY
PUBLIC MEETING MINUTES
BOARD OR COMMISSION: City of Beverly Conservation Commission
DATE: December 19, 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.
Redmond: Motion to recess for public hearings. Charles 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
Bob Griffin of Griffin Engineering is present on behalf of the applicant. In response to MassDEP
comments on the original plan, the revised plan is now proposing terraced coir logs and salt-
tolerant vegetation for erosion control along the slope. The plan proposes to construct an
approximately 140-square-foot reinforced concrete apron, similar to the apron on the
neighboring parcel to the east. The apron will help prevent erosion at the top of the granite block
seawall and provide a firm staircase landing. A safety railing is proposed along the top of the
granite seawall in this area. The existing wooden staircase will be repaired and/or reconstructed
as shown on the site plan. New concrete Sonotube footings will be installed on the Coastal Bank
to support the structure. The existing dilapidated fence at the top of Coastal Bank will be
replaced with a new fence.
Charles asks if there is any concern about the coir logs eroding over time. Griffin states that they
are not permanent and may degrade over time. The logs should serve to stabilize the site until the
roots of the vegetation are established. Bertoni asks if irrigation and watering will be needed to
establish the plantings, and Griffin answers that the plantings will need hand-watering for the
first year and no irrigation system will be installed. The Commission discusses that while the site
is too small to stage a piece of equipment, equipment will be staged at the top of the bank.
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Duffy: Motion to close the hearing. Redmond seconds. Bertoni takes a roll call vote.
Motion carries (7-0).
b. New: 140 Livingstone Avenue,DEP File#5-1404 —constrict a pier and floating
dock— 140 Livingstone LLC
Spidaliere reads the legal notice. Bob Griffin of Griffin Engineering is present on behalf of the
applicant and reminds the Commission of the permit application to construct a new house on this
parcel earlier in the year(2023). Griffin shares the site plan and states that the proposed pier is
five feet wide by 225 feet long and will be elevated to the 100-year flood elevation. It will be
supported by 14 bent lines. A concrete abutment block is proposed on the landward end of the
pier and is to be cast in the Coastal Bank. The site plan also proposes a 40-foot long aluminum
gangway that will provide access to a 10-foot by 24-foot and two 12-foot by 20-foot floating
docks configured in a"T" arrangement. The floats will be equipped with float stops to provide a
minimum of a two-and-a-half-foot separation between the float and the mudflat and will be
secured with two clusters of three-piles. Two additional pilings and a hoist beam are proposed to
raise the gangway. The gangway and docks are intended for seasonal use, to be removed during
winter months and extreme storm events. A total of 38 wood pilings will be driven into the
mudflats and land under water. All work will be performed from a work barge during favorable
tidal cycles to minimize impacts.
Electrical and water utility services will be extended to the pier and will be affixed to the pier
and gangway and extended to the floating dock. Griffin states that there is adequate elevation for
kayak traffic passage at all stages of the tidal cycle. Griffin shares aerial photos of the Kernwood
Bridge and the boat traffic to demonstrate that there will be no interference with boating
activities.
Bertoni asks to verify the dimensions of the floats and Griffin states that he will double-check the
dimensions of the floats before the site visit. Squibb asks if the Harbormaster is aware of the
project and Griffin states yes.
Griffin confirms that the applicant will apply for a Chapter 91 license and an Army Corps of
Engineers Section 404 permit. The Commission discusses that the length of the pier is partially
determined by the depth of the water, among other factors.
Griffin states that the gap between the bents is 16 feet. Duffy asks what the mitigation will be for
the salt marsh vegetation impact. Griffin states that there is no anticipated salt marsh impact and
the Commission agrees to make observations about that at the site visit.
Griffin agrees to research who completed the delineation of the site and report it to the
Commission. Griffin points out the winch hoist on the gangway design in case of severe weather,
such as the Harbormaster issuing a severe storm warning. Bertoni asks what the mitigation plan
is for the shading impacts of the project and Griffin states that the pier being six feet above the
shoreline prevents it from having any shading impact. Bertoni counters that shellfish habitat
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needs light. Griffin states that natural habitation of the piles should provide mitigation. Griffin
states that the DEP comments only addressed verifying any salt marsh impacts.
Bob Minelli of 136R Livingstone Ave is present and states that the design standard for pier
length is not to exceed 25% of the body of water, and this project exceeds that standard at
approximately 38%. Minelli states that there are 18 docks that are permitted in the local area, and
the proposed dock is significantly longer than any of them. Minelli states that as a sail boating
enthusiast himself he can attest that the dock will not have sufficient room underneath, forcing
sailboats to go out into the boat traffic area. Minelli states that kayaks and other vessels use that
side of the river to avoid the boat traffic, and thus disagrees with Mr. Griffin that boat traffic is
not in that area. Bertoni states that while boating circulation is a legitimate issue, the
Commission's focus is on any impact to the wetland resource areas.
Cara Lutz of 30 Leach Street asks if the dock is for private use and Griffin states that it is only
for the owner's use.
A site visit is scheduled for Saturday, December 30, 2023 at 8:00 a.m. Griffin states that he will
check with the applicant about whether members of the public will need to sign a waiver to join
the site visit.
Charles: Motion to continue the hearing to the Tuesday, January 9, 2024 meeting.
Duffy seconds. Bertoni takes a roll call vote. Motion carries (7-0).
c. New: 0 Hale Street,DEP File#5-1348 —request to amend Order of Conditions —
Endicott College c/o Rick Gagnon
Spidaliere reads the legal notice. Jeramy Packard of Foth Infrastructure& Environment is
present on behalf of the applicant and states that the project is to replace the vertical seawall with
a sloped revetment. Packard shares the site plan and states that the work also includes the
reconstruction of a concrete beach access staircase, which represents the only public access to
this Coastal Beach area. The planned reconstruction of the Beach House has been eliminated
from the project scope, and the applicant has no plans for its future reconstruction.
Packard states that the change in Area B in the revised site plan reduces the impact to Coastal
Beach by 780 square feet. All other elements of the original project are still in place, including
the knee wall. Packard states that 335 feet of wall still remains to be constructed.
Duffy asks whether the eelgrass monitoring plan is new to the revised plan and Packard clarifies
that the eelgrass has been monitored throughout construction, and there will be a final survey
after construction wraps up. Duffy states that the seasonality of eelgrass will impact the survey,
and Packard states that the applicant follows the Army Corps of Engineers standards, which take
the life cycle of eelgrass into account. Packard states that a camera is towed behind a boat and
uses geolocation to collect eelgrass data. Packard agrees to share this data with the Commission.
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A site visit is scheduled for Saturday, December 30, 2023 at 9 a.m. The Commission and
Packard discuss parking arrangements. Packard states that the public is welcome to attend the
site visit.
Squibb: Motion to continue the hearing to the Tuesday, January 9, 2024 meeting.
Redmond seconds. Bertoni takes a roll call vote. Motion carries (6-0-1).
Duffy abstains.
Redmond: Motion to reconvene the regular meeting. Squibb seconds. Bertoni takes a
roll call vote. Motion carries (7-0).
4. Reconvene Regular Meeting
5. Requests for Determination of Applicability
a. New: 114 Livingstone Avenue—determination of jurisdiction—Brian Marks
Spidaliere reads the legal notice. Marshall Handly of Handly and Cox and applicant Brian Marks
are present. Handly states that the building permit to construct a new house on this lot was
rejected based on the zoning ordinance definition of"lot." The application went before the ZBA.
It became incumbent upon the owner to determine how much of the lot is a wetland resource
area, and DeRosa Environmental was hired to conduct the delineation. The report dated June 14,
2023, is attached to the application.
Handly shares the site plan and points out the two drainage culverts that are fed by adjacent
streets. The report states there is a total absence of wetland plants and hydric soils and thus the
feature does not meet the definition of a stream per the Wetlands Protection Act.
Bertoni asks if DeRosa took hydric soil samples and other standard data and Handly says yes.
Handly agrees to provide DeRosa's raw data to the Commission. The Commission discusses that
there was a delineation done in 2016 that concluded that the feature is a wetland resource area,
and that the data can be impacted by the time of year samples are taken.
Bertoni asks what the hardship would be if the feature was deemed a wetland resource area.
Handly states that it would completely preclude the development of the property. Squibb asks
where the site is specifically located and Spidaliere shares the site plan.
A site visit is scheduled for Saturday, December 30, 2023 at 8:30 a.m. Handly states that all
members of the public who attend must sign a waiver at the site visit.
Squibb: Motion to continue the hearing to the January 9, 2024 meeting. Redmond
seconds. Bertoni takes a roll call vote. Motion carries (7-0).
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b. New: 9 Ober Street—building addition and carriage house—Ocean View Realty
Trust
Spidaliere reads the legal notice. Bob Griffin of Griffin Engineering is present on behalf of the
applicant and states that the applicant's two permits, filed in 2020, expired earlier this year
(2023) due in part to COVID-19 and in part to other delays. Thus, the projects are the same as
those that the Commission had already approved,with minor changes. This RDA is for an
addition to the existing single-family house and the construction of a carriage house with a
cabana and patio. Griffin shares the site plan and photographs of the site currently. Griffin
describes the project's features. Bertoni asks about the dimensions of the carriage house, and
Griffin agrees to double-check the measurements and report them to the Commission.
The Commission discusses two options for the applicant: to go ahead with the project with an
RDA or to file a new NOI.
Squibb: Motion to issue a positive one determination and a positive three
determination under the Wetlands Protection Act and local ordinance,
requiring the filing of a NOI for this project. Redmond seconds. Bertoni takes
a roll call vote. Motion carries (7-0).
6. Old/New/Other Business
a. Minor Modifications to Orders of Condition, If Any
i. 40 Dunham Ridge Road, DEP File 95-1373
Bridget Hilgendorff and Karen Staffier of VHB are present on behalf of the applicant. Lauren
Jezienicki is present on behalf of the applicant. The applicant is requesting a minor modification
to their OOC issued on October 7, 2022. The project is for the construction of a 5-story multi-
family building and associated site improvements and the applicant has had to rework their
designs based on increasing costs and Planning Board requests. The revised design includes
changes to the building's footprint, the parking areas, and the drainage design. There was
originally a parking lot that was to be located under the building, but the amount of ledge
removal needed was deemed to be too costly. The plan for the 36 subsurface parking spots has
now been moved and approximately 22,051 square feet of the original building footprint has
been reduced to account for this. None of these changes are within jurisdictional buffer zones.
Some other minor changes are being made to the plan that are also outside of the buffer zones.
The Minor Modification that the applicant is requesting is for the addition of a sidewalk which is
partially located within the 100-foot buffer to Bordering Vegetated Wetlands (BVW). The
increase in impervious surface in the 100-foot buffer is 335 square feet. The proposed sidewalk
will convey stormwater to the existing stormwater management system. All work will take place
within previously disturbed buffer zone areas.
Bertoni asks if the catch basins changed in size. Staffier states yes because there are fewer
bioretention areas, but the project still complies with the stormwater management standards.
Jezienicki states that the only change in impervious surface that falls within the jurisdiction of
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the Commission is the addition of a small sidewalk that was requested by the Planning Board.
Staffier clarifies that the potential vernal pool is not affected because it is on the opposite side of
the site.
Squibb: Motion to approve the minor modification, including the addition of the
sidewalk and the revised stormwater management plans, to the existing valid
OOC, with all the conditions already established. Redmond seconds. Bertoni
takes a roll call vote. Motion carries (7-0).
b. Tree Removal Requests, If Any
i. 1 Meeting Place Circle
Spidaliere states that he conducted a site visit at the request of Iron Tree to evaluate
approximately eight trees and he observed that they appeared hazardous for various reasons such
as disease, leaning toward the structure, and proximity to the structure. Property owner Leonard
Dunleavy is present and states that erosion of the soil at the base of four of the trees has
contributed to the trees leaning toward the house. Dunleavy states that no new plantings are
planned because the area is densely populated with trees. Cloutman asks if the arborist associated
with the removal is a certified arborist with a certification number. Dunleavy agrees to provide
the arborist's credentials and certification number to the Commission.
Buchsbaum: Motion to approve the removal of four hazard trees: one Hickory, one
Cherry, and two Norway Maples, contingent on providing the certification
number of the arborist to the Commission as discussed. Redmond seconds.
Bertoni takes a roll call vote. Motion carries (7-0).
c. Enforcement Matters, If Any
i. 43 Wood Lane
Spidaliere states that the applicant plans to file an after-the-fact NOI for the unpermitted fill but
has been delayed due to a death in the family. The Commission discusses that continuing the
meeting to the January 30, 2024 meeting should allow time for the applicant to put the NOI
together. Spidaliere states that the site is stable.
Squibb: Motion to amend the Enforcement Order to submit the NOI to the Agent by
Tuesday, January 16, 2024, for discussion at the Tuesday, January 30, 2024
meeting. Buchsbaum seconds. Bertoni takes a roll call vote. Motion carries
(7-0).
ii. 342 Old Essex Road
Spidaliere states that the applicant has made progress including hiring a representative, having a
wetlands scientist visit the site,hiring a surveyor, and putting together a plan. The Commission
discusses that a site visit by the Agent to abutting properties is appropriate. The Commission
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discusses reminding the property owner that issuing fines is within the purview of the
Commission.
Redmond: Motion to amend the Enforcement Order to submit the NOI to the Agent by
Tuesday, January 16, 2024, for discussion at the Tuesday, January 30, 2024
meeting. Buchsbaum seconds. Bertoni takes a roll call vote. Motion carries
(7-0).
d. Other: Discussion or Action Items Related to Commission Business, Correspondence,
etc. Received/Issued After Publication of Agenda, If Any
i. 675E Hale Street, DEP File #5-1355
David Cowell and Devon Morse of Hancock Associates are present on behalf of the applicant.
Landscape architect Laura Gibson is present. Richard Nylen of Lynch, DeCourcey, and Nylen is
present as legal representation for the owner. Cowell updates the Commission on the project and
states that it is basically an ecological restoration project. They claim that the private man-made
pond is getting shallower due to the accumulation of sediment and has experienced increasing
eutrophication and that the project is in part to protect wigeon grass Ruppia maritima. Today's
discussion is for informational purposes as this has been a years-long legal process. Spidaliere
states that the Commission is abstaining from the proceedings.
e. Expenditure Approvals, If Any
i. Cape Ann Vernal Pond Team donation
Squibb: Motion to donate to the Cape Ann Vernal Pond Team in the amount of$100.
Charles seconds. Bertoni takes a roll call vote. Motion carries (6-0-1).
Buchsbaum abstains.
ii. Conservation Agent and Conservation Field Inspector November Mileage
Redmond: Motion to approve the Conservation Agent November 2023 mileage
reimbursement totaling $11.97 and to approve the Conservation Field
Inspector November 2023 mileage reimbursement totaling $15.87.
Buchsbaum seconds. Bertoni takes a roll call vote. Motion carries (7-0).
7. 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
The Commission discusses the following conditions:
1. No heavy equipment shall be stored or refueled in the resource areas.
2. A spill plan shall be provided to the Conservation Agent prior to construction, in the
event of a spill emergency during the work.
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3. All removed materials including riprap, concrete, etc. shall be removed and appropriately
disposed of off-site.
4. 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.
5. All areas disturbed during construction shall be immediately stabilized against erosion
and revegetated with appropriate fast growing erosion control species or local indigenous
plants within thirty (30) days of final on-site grading.
6. 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.
7. 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.
8. Erosion and sedimentation control devices shall be inspected daily during periods of
active construction and bi-weekly during the remainder of the construction period.
9. Wooden treads shall be replaced with open grate treads, such as throughflow or
equivalent.
10. The plants shall exhibit at least 75% overall survivorship after two growing seasons post
installation and shall be verified by the Conservation Agent.
11. Slow-release fertilizers may only be used until plants are well established over the first
two growing seasons post installation. If fertilizers are required for longer than the two
growing season period, the applicant shall return to the Conservation Commission for
approval.
Duffy: Motion to issue an OOC for 54 Pickman Road, DEP File 95-1400 with the
conditions as discussed including standard and perpetual conditions under
both the Wetlands Protection Act and the Local Wetlands Ordinance.
Buchsbaum seconds. Berton takes a roll call vote. Motion carries (7-0).
8. Approval of minutes
a. November 28,2023
The members review and offer edits to the November 28, 2023 draft meeting minutes.
Buchsbaum: Motion to accept the November 28, 2023 meeting minutes as amended.
Duffy seconds. Berton takes a roll call vote. Motion carries (7-0).
9. Other Business:
a. Spidaliere reminds the members to check their emails for a message from the MACC
with the code for the e-handbook.
b. The Commission discusses that the January 9, 2024 meeting will start at 6:30 p.m.
instead of 7:00 p.m.
10. Adjournment
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Duffy: Motion to adjourn. Charles seconds. Bertoni takes a roll call vote. Motion
carries (7-0).
Meeting adjourns at 10:14 p.m.
The next regular meeting of the Conservation Commission is scheduled for Tuesday,
January 9, 2023, at 6:30 p.m.
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