04_02_2024 Cons Com Minutes - final City of Beverly Conservation Commission
Apri12,2024
Meeting Minutes
Page 1 of 14
CITY OF BEVERLY
PUBLIC MEETING MINUTES
BOARD OR COMMISSION: City of Beverly Conservation Commission
DATE: April 2, 2024
LOCATION: Virtual via Google Meet
MEMBERS PRESENT: Chair Christine Bertoni, Vice Chair Robert Buchsbaum,
Amber Redmond, Tara Duffy
MEMBERS ABSENT: William Squibb, Grace Charles
OTHERS PRESENT: Conservation Agent David Spidaliere
RECORDER: Naomi Moca
1. Chair Bertoni calls the meeting to order at 6:30 p.m. and conducts a roll call. There is a quorum of
seated members. Bertoni reads the public notice regarding holding meetings remotely due to
COVID-19.
Buchsbaum: Motion to recess for public hearings. 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.: Multiple Addresses,DEP File#5-1409—City-wide Beach Management Plan—
City of Beverly
Conservation Agent Spidaliere says that the Department of Public Services requested a continuation to
the April 23, 2024 meeting.
Duffy: Motion to continue the hearing to the April 23, 2024 meeting. Redmond
seconds. Bertoni takes a roll call vote. Motion carries (4-0).
b. Cont.: 342 Old Essex Road,No DEP File #as of posting—After-the-fact filing for
unpermitted retaining walls—Klaudio Boka
Spidaliere says that the filing does not have a DEP file number yet.
Redmond: Motion to continue the hearing to the April 23, 2024 meeting. Buchsbaum
seconds. Bertoni takes a roll call vote. Motion carries (4-0).
c. Cont.: 43 Wood Lane,EP File #5-1412—After-the-fact filing for unpermitted fill—
Suzanne & Eric Ewer
Property owners Eric and Suzanne Ewer are present and state that the filing now has a DEP file
number and that she provided a revised narrative to Spidaliere. Ewer says that the revised narrative
includes the installation of fill and riprap. Ewer says that the loam has not yet been installed and he is
1
City of Beverly Conservation Commission
Apri12,2024
Meeting Minutes
Page 2 of 14
requesting clearance to do so. Buchsbaum clarifies that the loam will get vegetated and acts to prevent
erosion and Ewer confirms that that is the purpose of installing the loam. Spidaliere says that he and
Conservation Field Inspector Scott White visited the site and observed that the site is stable and the
work is proceeding as planned.
Buchsbaum: Motion to close the hearing. Duffy seconds. Bertoni takes a roll call vote.
Motion carries (4-0).
d. Cont.: 400 Hale Street,DEP File#5-1408— College Way Improvements—Endicott
College c/o Rick Gagnon
Chris Broyles of Meridian Associates is present on behalf of the applicant and says that a revised plan
was provided as requested. Broyles shares the site plan and points out the location of the tree and eight
shrubs that have been added to the planting plan within the 25-foot No Disturb Zone as mitigation for
the five trees that will be removed. Berton says that Spidaliere will conduct a pre-construction site
visit.
Redmond: Motion to close the hearing. Buchsbaum seconds. Bertoni takes a roll call
vote. Motion carries (4-0).
As a reminder to those present, Bertoni says that the Trask Lane ANRAD delineation matter was
continued to the April 23, 2024 meeting and will not be addressed at this meeting.
e. Cont.: 4 Jacobs Avenue,DEP File#5-1410— construct a two-story addition with a two-car
garage to an existing single-family house-Michael and Jillian Broderick
Property owner Michael Broderick is present and says that the Commission conducted a site visit on
March 16, 2024, and that he provided a planting plan to Spidaliere. Bertoni asks if the planting plan
accomplishes the 2:1 mitigation requirement for Riverfront Area redevelopment, and Broderick says
that it is a little short of that ratio. Bertoni confirms with Broderick that the area is considered
redevelopment of Riverfront. Broderick proposes adding more plantings and points out possible
locations on the site plan. Broderick proposes maintaining the bank as it is currently and Buchsbaum
observes that there is no alteration of the Coastal Bank planned.
Bertoni asks about the alternatives analysis with regard to reducing the size of the proposed addition.
Broderick says that two parking spaces are permitted with the new ADU ordinance adopted by the
City. The size of the addition is dictated by the size of the ADU dwelling space and the goal of
keeping the parking spaces within the property boundary.
Broderick clarifies with Berton and Buchsbaum that the plantings will go into the ground, not into
planters. Bertoni confirms that Broderick needs to provide the 2:1 mitigation,that the plantings be in
the ground, and the stormwater management plans to Spidaliere. Broderick says that the stormwater
management is calculated to handle all the runoff on-site. Buchsbaum asks what a frost-protected slab
is, and Broderick says that there will not be a basement or footers, but rather a concrete slab poured
2
City of Beverly Conservation Commission
Apri12,2024
Meeting Minutes
Page 3 of 14
into a mold, thus eliminating the need for deeper excavation and ground disturbance. The existing
house has a fieldstone basement.
Buchsbaum: Motion to close the hearing. Duffy seconds. Berton takes a roll call vote.
Motion carries (4-0).
L New: 47 & 49 Thissell Street,DEP File#5-1413 —replace driveway culvert—Robert
Polansky
Spidaliere says that Bob Griffin of Griffin Engineering will join today's meeting as soon as he is
available.
g. New: 19 Temi Road,No DEP File #as of posting—construct an addition, patio and
landscape wall, install stormwater management system and utilities, reconstruct sun room,
repair patio, and replace fence—Heather Chisholm
Spidaliere reads the legal notice and says that there is no DEP file number. Spidaliere and Bertoni
confirm that there is an outstanding OOC. Property owner Heather Chisholm and Bill Manuell of
Wetlands& Land Management are present. Manuell says that the proposal is to construct an addition.
The wetlands are at the rear of the property. There is a FEMA Zone A delineated on the FEMA maps.
Manuell shares the site plan and points out the No-Disturb Zone (NDZ),No-Build Zone (NBZ), and
the 100-foot buffer to Bordered Vegetated Wetlands (BVW).
Manuell says that the existing sun porch will be incorporated into the addition, maximizing the use of
previously developed areas. There is an existing paved driveway and a portion of the border wall will
be removed. The project will connect into the existing sanitary sewer line and go out to the street. To
offset the minor incursion into the NBZ, the project proposes 250 square feet of native plantings as
mitigation. The stormwater will run into CULTEC chambers and rain barrels as well as infiltration
into the existing lawn.
The Commission discusses that the net increase in impervious surface is 461 square feet. Manuell
points out the intermittent stream on the site plan. Chisholm explains that there is no DEP file number
due to an error on the check for the filing fee and that the patio is proposed so that the lawn will not be
as muddy in wet weather.
A site visit is planned for Saturday, April 6, 2024, at 8 a.m.
Duffy: Motion to continue the hearing to the April 23, 2024 meeting. Redmond
seconds. Bertoni takes a roll call vote. Motion carries (4-0).
Buchsbaum: Motion to reconvene the regular meeting. Redmond seconds. Bertoni takes a
roll call vote. Motion carries (4-0).
4. Reconvene Regular Meeting
3
City of Beverly Conservation Commission
Apri12,2024
Meeting Minutes
Page 4 of 14
5. Requests for Determination of Applicability
a. Cont.: 114 Livingstone Avenue— determination of jurisdiction—Brian Marks
Spidaliere states that the peer review for this application is underway and that the item will need to be
continued to the next meeting.
Redmond: Motion to continue the hearing for 114 Livingstone Avenue to the April 23,
2024 meeting. Buchsbaum seconds. Bertoni takes a roll call vote. Motion
carries (4-0).
Buchsbaum: Motion to recess for public hearings. Redmond seconds. Bertoni takes a roll
call vote. Motion carries (4-0).
6. Notices of Intent/Abbreviated Notices of Intent/Requests for Amended Orders of Conditions
a. New: 47 & 49 Thissell Street, DEP File#5-1413 —replace driveway culvert—Robert
Polansky
Bob Griffin of Griffin Engineering and property owner Robert Polansky are present. Griffin says that
National Grid has been working in the vicinity of Thissell Street recently. Griffin shares photos of the
channel and the stone culvert that carries the water under the driveway and the pedestrian crossing.
Griffin shares the site plan explaining that the project proposes to replace the stone culvert with a
concrete culvert. The work is planned for Summer 2024 in anticipation of the stream drying out. Some
erosion was observed, so riprap along both sides of the driveway is proposed. The applicant is
requesting a waiver to do a portion of the work in the NDZ. Griffin says that to simplify and increase
the efficiency of the project,precast concrete sections will be assembled along the culvert.
Griffin explains that the stream-crossing openness ratio of the culvert is a little bit better than the
minimum requirement and that the Stream Crossing Standards width requirement of 1.2x bank full
width is met. Berton asks about Bordering Land Subject to Flooding (BLSF) and Griffin explains that
it flooded most recently in 2006, and the project does not have any impact on BLSF and may even
improve it somewhat.
Buchsbaum asks whether the driveway will need to be reinforced since the culvert will be wider, and
Griffin says that the stone wall will be raised slightly to support it. In addition, the concrete will hold
up the roadway.
A site visit is scheduled for Saturday, April 13, 2024 at 8 a.m.
Duffy asks about the removal of one Beech tree, and which additional trees may be removed. Griffin
says that he will flag the trees slated for removal before the site visit.
Buchsbaum: Motion to continue the hearing to the April 23, 2024 meeting. Redmond
seconds. Bertoni takes a roll call vote. Motion carries (4-0).
4
City of Beverly Conservation Commission
Apri12,2024
Meeting Minutes
Page 5 of 14
Redmond: Motion to reconvene the regular meeting. Buchsbaum seconds. Bertoni takes
a roll call vote. Motion carries (4-0).
7. Requests for Determination of Applicability
b. Cont.: 9 Kennedy Drive—install an above-ground pool and patio—Michael Sabella
Spidaliere states that he has still not received the additional information required by the Commission
and that the item will need to be continued to the next meeting.
Redmond: Motion to continue the hearing to the April 23, 2024 meeting. Duffy seconds.
Bertoni takes a roll call vote. Motion carries (4-0).
c. New: 344 Old Essex Road—replace two existing porches—Vincent Williams
Spidaliere reads the legal notice. Property owner Vincent Williams is present and says that there are
porches on the front and side of the house that are in need of replacement. Bertoni asks if they will be
the same size and location and Williams says yes, and that he will also replace the Sonotubes for the
front porch. For the side porch,he plans to reuse the existing footings. Williams says that there is an
intermittent stream on the property and that the existing house on the site is approximately 25 feet
from the stream. Williams says that the porches are not pervious and that the front porch is covered
while the side porch is uncovered. Williams says that he does not plan to replace the roof above the
covered porch and that he only plans to replace the flooring and soffits of the porches.
Berton asks if the work will be done by hand and Williams says yes. Duffy asks what Williams plans
to do with the extra fill that is excavated around the Sonotubes, and Williams says that the soil will be
reused in the same spots once the new Sonotubes are in place.
The Commission discusses the following conditions:
1. All demolished materials, excavated soils, or other related debris shall be stored or stockpiled
outside jurisdictional resource and buffer zone areas, if not immediately removed from the site,
and shall be appropriately disposed of off-site.
2. All materials shall be cut off-site or as far away from the jurisdictional buffer zones as
possible.
3. Any debris entering the stream from construction activities shall be recaptured for appropriate
disposal.
4. 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.
5. Hand tools shall be used for on-site assembly. No heavy construction equipment, gas-powered
tools, or vehicles are permitted.
5
City of Beverly Conservation Commission
Apri12,2024
Meeting Minutes
Page 6 of 14
Redmond: Motion to issue a negative three determination under the Wetlands Protection
Act and the local ordinance with the conditions as discussed. Buchsbaum
seconds. Bertoni takes a roll call vote. Motion carries (4-0).
d. New: 1 Shore Avenue—replace an existing deck—Jan Marcaurelle
Spidaliere reads the legal notice. Mark Desmond of Desmond Yacht Yard is present on behalf of the
applicant. Desmond says that the existing deck will be replaced in kind. The plan includes replacing the
stairs in the same design and location. The resource is the Danvers River and none of the deck is over
the water. Desmond explains that the deck will be built on helical piers.
Buchsbaum observes that it would be helpful to have a narrative about replacing the deck in-kind and
using the helical anchors. Desmond says that it was in the permit application and that he is amenable to
providing a more detailed narrative in the future.
The Commission discusses the following conditions:
1. All demolished materials, excavated soils, or other related debris shall be stored or stockpiled
outside jurisdictional resource and buffer zone areas, if not immediately removed from the site
and shall be appropriately disposed of off-site.
2. All materials shall be cut off-site or outside of the jurisdictional buffer zones.
3. 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.
4. Helical anchors shall be used for deck footings.
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. During the work, construction equipment shall be located on existing paved areas or as far
from the wetland resource areas as possible.
Desmond explains that the machine used to install the helical anchors has a hydraulic drill. The
Commission discusses that all impact will be offset with plantings, and the applicant plans on
replacing the existing river stone that is below the deck in kind.
Buchsbaum: Motion to issue a negative 2 and negative 3 determination under the
Wetlands Protection Act and the local ordinance with the conditions as
discussed. Redmond seconds. Bertoni takes a roll call vote. Motion carries
(4-0).
e. New: 93 Lothrop Street—move 10 benches roughly 35 feet behind existing location—
City of Beverly, Engineering Department c/o Sean Ciancarelli
Spidaliere reads the legal notice. Sean Ciancarelli of the Engineering Department is present and says
that the ten benches at Dane Street Beach have deteriorated due to storm exposure and erosion. The
6
City of Beverly Conservation Commission
Apri12,2024
Meeting Minutes
Page 7 of 14
City is proposing to move the benches back toward the hill by roughly 35 feet, which will also serve to
offer a better view. Ciancarelli shares photos of the site. Buchsbaum asks if they will be placed on the
lawn or sand, and Ciancarelli says that they will be on the lawn, so they will not need to have sand
cleaned off as often. Spidaliere confirms that this public beach will be incorporated into the City's
beach management plan but he is not certain what the plan is for handling the sand. Ciancarelli explains
that the benches are currently sitting on concrete pads that will be removed and that new benches will
replace only the benches that are beyond repair. The new benches will also be bolted to concrete pads.
Bertoni asks what the maintenance of the new benches will be and Ciancarelli says that aside from the
City's lawn cutting, the benches will be allowed to sit in place.
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. All debris materials and excess spoils from the removal of the existing benches shall be
removed from the site for appropriate off-site disposal.
3. Prior to any work occurring, staked sediment controls shall be installed between the work area
and the Coastal Beach and shall remain in place for the duration of the work and shall be
removed after the work is completed.
Duffy: Motion to issue a negative 3 determination under the Wetlands Protection
Act and the local ordinance with the conditions as discussed. Redmond
seconds. Bertoni takes a roll call vote. Motion carries (4-0).
8. Requests for Certificates of Compliance
a. New: 2 Balch Street,DEP File #5-1365 —Cummings Center culvert cleaning— City of
Beverly, Engineering Department c/o Eric Barber
Project Manager Mike Nelson of Fuss & O'Neill is present and says that the work concluded on
January 5, 2024. Nelson observes that the project offered many learning opportunities and cleaning
will continue to be a part of the culvert's maintenance going forward. Nelson says that there has been
discussion about dredging Lower Shoe Pond. Spidaliere says that White conducted a site visit on
March 28, 2024. The Commission discusses that perpetual conditions 435-38 will remain in place.
Buchsbaum asks whether construction debris was found in the course of the culvert cleanout, and
Nelson says that the workers took the opportunity to repair the culvert and remove debris materials
from defunct utilities. Nelson says that recommendations have been created for periodic maintenance
including biennial inspection in the future. The laser scans and mapping of the culvert and the
measurements of the sediment have prepared the City to maintain it in the future.
Redmond: Motion to issue a complete Certificate of Compliance for 2 Balch Street,
DEP File #5-1365 under the Wetlands Protection Act and local ordinance
with perpetual conditions #35, 36, 37, and 38. Duffy seconds. Bertoni takes a
roll call vote. Motion carries (4-0).
7
City of Beverly Conservation Commission
Apri12,2024
Meeting Minutes
Page 8 of 14
b. New: 19 Temi Road, DEP File #5-796—construct addition and in-ground pool—Heather
Chisholm
Engineer George Zambouras is present and says that the project is from 2003. Zambouras describes
the deviations from the Order of Conditions:
1. The proposed concrete apron and patio was constructed with a different configuration
than originally designed.
2. Portions of the concrete patio were constructed with flagstone and concrete paver
blocks.
3. A stone fireplace was constructed along the eastern edge of the patio.
4. A stone wall was installed to support portions of the patio.
5. The proposed building addition was not constructed.
6. There is a shelving unit and an additional shed within the site that were in place before
the OOC was issued.
White conducted a site visit on March 25, 2024, and Spidaliere reports that he found that everything
was in compliance with the exception of the deviations that Zambouras mentioned above.
Buchsbaum: Motion to issue a complete Certificate of Compliance for 19 Temi Road,
DEP File 45-796 under the Wetlands Protection Act and local ordinance with
perpetual conditions 446, 47, 48, and 49. Redmond seconds. Bertoni takes a
roll call vote. Motion carries (4-0).
9. Old/New/Other Business
a. Conservation Restrictions
i. Cont.: Moraine Farm
Director of Planning and Development Darlene Wynne and Olivia Lukacic and Jeremy Dick of the
Trustees of Reservations are present. Wynne clarifies that of the whole 11 acres of the Moraine Farm
property,three parcels will be under a Conservation Restriction (CR) held by the City through the
Commission, not the entire property. One of the three parcels will contain the parking lot and
community garden and satisfy some of the public benefit requirements of the Community Preservation
Act contribution. The other two parcels are currently under use, with no plans to change their purpose.
Part of the purpose of the CR is to make the portion held in the CR undevelopable.
Bertoni asks for clarification on how much of the CR parcels, totaling 2.75 acres, will be community
garden area, and if there is any option for a portion of it to naturalize. Lukacic explains that the
acreage that is used for the community garden site has already been in active cultivation because it is
an existing cultivated field. Lukacic points out the location of the community garden area and the open
cultivated field area on the site map.
Buchsbaum asks what the current community garden acreage is on Cole Street and Lukacic says that
the Cole Street location holds around 50 plots, and the Moraine Farm location will hold around 75
plots. Buchsbaum asks if a food pantry may have access to the garden, and Wynne says that there is no
8
City of Beverly Conservation Commission
Apri12,2024
Meeting Minutes
Page 9 of 14
longer a formal arrangement with Bootstraps. Dick says that Council on Aging will have a dedicated
garden plot. Buchsbaum comments that agricultural fields also have habitat value.
Lukacic explains the next steps in the process:
1) The baseline documentation report does not have to be reviewed by the State, but it is best
practice to have it signed by the Grantor(Trustees) and Grantee (City) at or before the
recording of the CR in the Registry.
2) If the March 29, 2024 draft of the CR is acceptable to the Commission, it will be sent to State.
3) Once the State approves the CR, it will be released for local signatures by the Trustees, the
Mayor, and the City Council.
4) The CR will be sent back to the State to be signed by the Secretary of Energy and
Environmental Affairs.
5) The CR will be recorded at the Registry of Deeds.
Wynne agrees to research how the Commission determined it would document the parking portion of
the CR.
Buchsbaum: Motion to send the draft CR dated March 29, 2024, to the State for comment
and then to review the State's comments. Duffy seconds. Bertoni takes a roll
call vote. Motion carries (4-0).
a. Minor Modifications to Orders of Condition,If Any
i. New: 43 Haven Way,DEP File #5-1385
Chris Broyles of Meridian Associates is present on behalf of the applicant and says that construction
has begun and that the proposed changes are to alter the proposed patio to a pervious paver system and
to slightly increase the dimensions of the patio around the pool. Broyles shares the site plan and says
while the patio's total area has increased, the surface will be pervious. The alteration in the Riverfront
area has increased by 118 square feet. The original patio plan was concrete. Broyles says that there
will be gaps measuring at least 3/8 inch between the pavers.
Redmond: Motion to approve the minor modifications to the OOC for 43 Haven Way,
DEP File 45-1385 with the additional condition that the gaps between the
patio pavers shall be a minimum of 3/8 inch in width. Duffy seconds. Motion
carries (4-0).
b. Extension to Orders of Condition,If Any
i. New: 0 Virginia Avenue & 7 R Kennedy Drive,DEP File 45-1319
Bob Griffin of Griffin Engineering is present and says that the project has been delayed mainly due to
supply chain issues and thus is requesting a one-year extension.
Redmond: Motion to extend the OOC for 0 Virginia Avenue & 7 R Kennedy Drive,
DEP File#5-1319 under the Wetlands Protection Act and local ordinance to
April 23, 2025. Duffy seconds. Motion carries (4-0).
9
City of Beverly Conservation Commission
Apri12,2024
Meeting Minutes
Page 10 of 14
ii. New: 6 Cavendish Square,DEP File #5-1340
Property owner Jeffrey Williams is present and says that there is no change to the OOC and it is a one-
year extension request.
Buchsbaum: Motion to extend the OOC for 6 Cavendish Square, DEP File 95-1340 under
the Wetlands Protection Act and local ordinance to July 21, 2025. Redmond
seconds. Motion carries (4-0).
c. Enforcement Matters
i. Cont.: 531R Hale Street
Property Trustee Caleb Loring III is present. Loring Trust Beneficiaries Babette Loring and Greg
Thomas are present. Devon Morse of Hancock Associates is present to represent the applicant and
says that the Commission conducted a site visit on March 23, 2024. Morse summarizes the revisions to
the restoration plan dated March 27, 2024: 1)reduce Wetland Enhancement Area A as herbaceous
native species were filling in the cleared area so it will be left to vegetate, 2) reduce the length of the
historic footpath from 90 feet from the flag to the first wood bridge,totaling 50 feet in length, 3)
reduce Wetland Enhancement Area B, and 4)reduce the historic footpath in Buffer Zone Restoration
Area A.
Buchsbaum comments that the plantings seem appropriate. Morse says that she recommends a report
annually with photos over a period of two growing seasons. The Commission discusses keeping the
granite slab in place while noting that it should not have been placed there without a permit. Morse
notes that the slab was a replacement for an existing slab that was in place before. The Commission
discusses whether an RDA would be appropriate for a stream crossing such as the perennial stream at
Sally Milligan.
Loring III says that there may be another opportunity to address the matter of the granite slab because
they will be seeking a better way to access the beach. Morse says that an NOI is appropriate for a
bridge replacement, generally speaking, but in the case of the granite slab, the Commission is looking
for a solution as soon as possible. Thomas clarifies that there was no granite stone in place before and
that the stream runs constantly throughout the year.
Redmond: Motion to approve the restoration plan for 531R Hale Street dated March 27,
2024. Duffy seconds. Bertoni takes a roll call vote. Motion carries (4-0).
Redmond: Motion to amend the Enforcement Order for 531R Hale Street to require an
after-the-fact RDA filing for the unpermitted granite slab. Duffy seconds.
Bertoni takes a roll call vote. Motion carries (4-0).
Thomas asks what the options are if one of the property owners does not intend or desire to file the
RDA, and Bertoni and Morse explain that the RDA triggers a review by the Commission to answer
questions such as whether it is permittable as a stream crossing, and if not, whether the owners are
10
City of Beverly Conservation Commission
Apri12,2024
Meeting Minutes
Page 11 of 14
responsible for removing it. Thomas clarifies that the RDA may be for the removal of the granite slab.
Bertoni clarifies that the role of the Commission is not to settle a dispute between the beneficiaries of
the Trust.
Buchsbaum: Motion to amend the Enforcement Order for 531R Hale Street to require an
after-the-fact RDA filing for the unpermitted granite slab be submitted by
May 21, 2024. Duffy seconds. Bertoni takes a roll call vote. Motion carries
(4-0).
ii. Cont.: 573 and 579 Hale Street
Property owner Babette Loring is present. Devon Morse of Hancock Associates is present to represent
the applicant and says that no revisions have been made to the 579 Hale Street restoration plan. Morse
says on 573 Hale Street,that Buffer Zone Restoration Area C was reduced by 99 square feet with the
same amount of plantings.
Buchsbaum: Motion to approve the restoration plan for 573 Hale Street dated March 27,
2024, and for 579 Hale Street dated March 5, 2024. Duffy seconds. Bertoni
takes a roll call vote. Motion carries (4-0).
iii. Cont.: 342 Old Essex Road
Spidaliere says that there is no DEP File number, so this will be continued to the April 23, 2024
meeting.
iv. Cont.: 43 Wood Lane
The Commission discusses whether it is necessary to amend the Enforcement Order now that an NOI
has been filed.
Buchsbaum: Motion to Amend the Enforcement Order to require the applicant to get their
OOC recorded at the Registry of Deeds and to submit it to the Commission
ahead of their April 23, 2024 meeting. Duffy seconds. Bertoni takes a roll
call vote. Motion carries (4-0).
v. Cont.: 11 & 13 Bayview Avenue
Bob Griffin of Griffin Engineering is present and says that the boulders were removed and that the
Commission conducted a site visit on March 16, 2024. Griffin says that construction occurred from
March 9 to March 10, 2024, and the restoration plan will be ready to file ahead of the April 23, 2024
meeting.
g. Other: Discussion or Action Items Related to Commission Business, Correspondence,
etc. Received/Issued After Publication of Agenda,If Any
i. Hazard tree removal form
11
City of Beverly Conservation Commission
Apri12,2024
Meeting Minutes
Page 12 of 14
The members review and offer edits to the hazard tree removal form.
Buchsbaum: Motion to approve the Hazard Tree Removal Form as amended. Redmond
seconds. Bertoni takes a roll call vote. Motion carries (4-0).
ii. Lynch Park grant support letter
Spidaliere says that the City's application for the Beverly FY2025 Dam, Levee, and Seawall Repair
and Removal Program grant is due April 5, 2024. The City is requesting a letter of support from the
Commission. The purpose of the seawall repair at Lynch Park is to reduce erosion and inland flooding
from wave overtopping. Spidaliere says that he clarified that if the grant is received, the actual work
will have to be permitted.
Buchsbaum: Motion to approve the letter of support as amended. Redmond seconds.
Berton takes a roll call vote. Motion carries (4-0).
h. Expenditure Approvals,If Any
i. Conservation Agent March 2024 mileage and Conservation Field Inspector
March 2024 mileage
Redmond: Motion to approve the Conservation Agent's March 2024 mileage
reimbursement totaling $14.94 and the Conservation Field Inspector's March
2024 mileage reimbursement totaling $17.48. Duffy seconds. Bertoni takes a
roll call vote. Motion carries (4-0).
8. Orders of conditions,if any
a. 43 Wood Lane,EP File 95-1412—After-the-fact filing for unpermitted fill — Suzanne &
Eric Ewer
The Commission discusses the following conditions:
1. There shall be no dumping of leaves, grass clippings, brush, or other debris into the wetland
resource area. This condition shall survive the expiration of this Order, and shall be included as
a continuing condition in perpetuity on the Certificate of Compliance.
2. There shall be no additional alterations of areas under Conservation Commission jurisdiction
without the required review and permit(s). This condition shall survive the expiration of this
Order, and shall be included as a continuing condition in perpetuity on the Certificate of
Compliance.
3. The mitigation plantings/seed mix shall exhibit 75% overall survivorship and trees shall exhibit
100% overall survivorship after two growing seasons post installation and shall be verified by
the Conservation Agent.
4. The silt fence shall remain in place until the area is stable and shall be verified by the
Conservation Agent before removal.
12
City of Beverly Conservation Commission
Apri12,2024
Meeting Minutes
Page 13 of 14
5. Photo documentation of the mitigation trees shall be provided to the Conservation Agent after
they are planted.
Buchsbaum: Motion to approve the OOC 43 Wood Lane, EP File #5-1412 under the
Wetlands Protection Act and under the local ordinance with the conditions as
discussed. Duffy seconds. Bertoni takes a roll call vote. Motion carries (4-0).
b. 400 Hale Street,DEP File#5-1408—College Way Improvements —Endicott College c/o
Rick Gagnon
The Commission discusses the following conditions:
1. Any excavated materials/debris shall be removed and properly disposed of offsite.
2. Storage of construction materials shall be located on existing paved areas or outside the
resource areas.
3. Prior to commencement of any work on the project site, erosion and sedimentation control
measures shall be installed as shown on the referenced plans.
4. All erosion and sedimentation controls shall be maintained in good repair until all disturbed
areas have been fully stabilized with vegetation or other means. At no time shall sediments be
deposited in a wetland area.
5. The mitigation plantings shall exhibit 75% overall survivorship and mitigation trees 100%
overall survivorship after two growing seasons post installation and shall be verified by the
Conservation Agent.
6. 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.
7. The Operation& Maintenance of all stormwater BMP's shall be adhered to, and all
maintenance and inspection reports per the Stormwater Operation and Maintenance Plans shall
be submitted to the Conservation Agent on an annual basis no later than December 31st of each
year. This condition shall run in perpetuity beyond the issuance of a Certificate of Compliance.
8. A pre-construction site visit shall be scheduled with the Conservation Agent to verify which
trees are planned for removal.
Redmond: Motion to issue the OOC for 400 Hale Street, DEP File 45-1408 under the
Wetlands Protection Act and under the local ordinance with the conditions as
discussed. Duffy seconds. Bertoni takes a roll call vote. Motion carries (4-0).
c. 4 Jacobs Avenue,DEP File#5-1410—construct a two-story addition with two-car garage
to an existing single-family house-Michael and Jillian Broderick
The Commission discusses the following conditions:
1. Any excavated materials/debris shall be removed and properly disposed of offsite.
2. Storage of construction materials shall be located on existing paved areas or outside the
resource areas.
3. Erosion and sedimentation control devices shall be installed between the project area and the
wetland resource area prior to construction.
13
City of Beverly Conservation Commission
Apri12,2024
Meeting Minutes
Page 14 of 14
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. 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.
6. 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.
7. The mitigation plants shall exhibit at least 75% overall survivorship after two growing seasons
post installation and shall be verified by the Conservation Agent.
8. Further alteration within the mitigation area is prohibited, except as may be required to
maintain the area in its mitigated condition. This condition shall survive in perpetuity beyond
the issuance of a Certificate of Compliance.
9. Property owner shall provide 2:1 mitigation plantings to impacts in the Riverfront Area.
Buchsbaum: Motion to issue the OOC for 4 Jacobs Avenue, DEP File 95-1410 under the
Wetlands Protection Act and under the local ordinance with the conditions as
discussed. Redmond seconds. Berton takes a roll call vote. Motion carries
(4-0).
9. Approval of minutes
a. March 12, 2024
The members review and offer edits to the March 12, 2024 draft meeting minutes. Some clarifications
are needed to approve the minutes, so this will be addressed again at the April 23, 2024 meeting.
Buchsbaum says that he will be unable to attend the April 23, 2024 meeting.
10.Adjournment
Buchsbaum: Motion to adjourn. Redmond seconds. Bertoni takes a roll call vote. Motion
carries (4-0).
Meeting adjourns at 10:58 p.m.
The next regular meeting of the Conservation Commission is scheduled for Tuesday,April 23,
2024, at 6:30 p.m.
14