08-23-16 BCC MinCITY OF BEVERLY
PUBLIC MEETING MINUTES
BOARD:
SUBCOMMITTEE:
DATE:
BOARD MEMBERS PRESENT:
BOARD MEMBERS ABSENT
STAFF MEMBERS PRESENT
OTHERS PRESENT:
RECORDER:
Conservation Commission
August 23, 2016
Chair Christine Bertoni, Vice Chair Robert Buchsbaum,
Jenna Pirrotta, Tony Paluzzi
Richard Grandoni
Amy Maxner, Environmental Planner
Jane Dooley
Bertoni calls the meeting to order at 7:00 p.m. at Beverly City Hall, 3 d Floor conference room,
191 Cabot Street, Beverly, MA.
CERTIFICATES OF COMPLIANCE
Cont: 400 Hale Street, DEP File #5 -1072 — Endicott College c/o Dennis Monaco
Maxner reports the Commission received a request for a continuance. Paluzzi moves to continue
to the September 13 meeting. Seconded by Buchsbaum. The motion carries 4 -0.
Cont: 400 Hale Street, Beverly Wetlands Ordinance Approval File # 01 -2013 — Endicott
College c/o Dennis Monaco
Maxner reports the Commission received a request for a continuance. Buchsbaum moves to
continue to the September 13 meeting. Seconded by Paluzzi. The motion carries 4 -0.
New: 441 Hale Street, DEP File #5 -1107 - re -point seawall, add seasonal stairs at dune path,
renovate and repair cabana; remove invasive plant species and replant with native coastal
species — Helen Greiner
Laura Gibson representing the applicant addresses the Commission for a Certificate of
Compliance and request for a waiver from the as -built plan. She explains the proposed project
and reports that all elements are completed. She notes that changes to the footprint of the wall or
cabana were neither proposed nor undertaken and with landscaping plantings, she hopes the
Commission can waive the as -built requirement. Maxner notes she conducted a final site
inspection and notes that the beach grass has taken very well with much more coverage as shown
in the before and after photos provided by Gibson. She inspected the wall and cabana and no
deviations from previous footprint were observed, just improvements and repairs.
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Paluzzi moves to waive the requirement for the as -built plan. Seconded by Buchsbaum. The
motion carries 4 -0.
The Commission reviews on -going conditions. Paluzzi moves to issue the Certificate of
Compliance with the on -going conditions as discussed. Seconded by Buchsbaum. The motion
carries 4 -0.
New: Cabot Street/Veterans Memorial Bridge, DEP File #5 -1090 — Mass. DOT
Amy Lynch of Mass. DOT is present. Maxner notes, the Order, issued in October of 2012,
governed the construction of a public walkway along the Danvers River via a connection under
Pier 6 at the Veteran's Memorial Bridge, and only Standard Conditions were issued. Maxner
reports that the site is stable and provides photos of site conditions for review. She notes that the
additional support piles under the walkway did not result in any observable impact, and the
benches have been installed.
Paluzzi moves to issue a Certificate of Compliance. Seconded by Jenna Pirrotta. The motion
carries 4 -0. Lynch asks that the Certificate be forwarded to her attention.
OLD /NEW BUSINESS
Cont: 32 Pickman Road, DEP File #5 -1100 — update on request for extension to Order of
Conditions — John Osbon c/o Siemasko & Verbridge
Maxner reports, the Order issued in August of 2013 governs the installation of a retaining wall,
construction of an in- ground swimming pool and associated porous paver patio, wood deck,
removal one 16" caliper Spruce tree, installation native planting bed inside retaining wall and
native plantings along steep slope. Work to take place within the 100 -foot buffer zone to
bordering vegetated wetland. She notes the property owner, who is in the midst of selling the
property and did not do much of the proposed work, has asked for an extension to keep the Order
current for the future owner, but now communicated that he would rather let the Order expire.
Maxner will speak to the landscape architect about the soil situation and need for plantings along
the slope. She notes the Order is recorded against the property deed and the Order, which would
necessitate a request for Certificate of Compliance at some point in the future.
Paluzzi moves to deny the request for an extension. Seconded by Buchsbaum. The motion carries
4 -0.
Cont: 20 Fosters Point — permit requirement inquiry — Joanne Lappetito & Patricia Kenny
Maxner reminds the Commission of its discussion on this at the last meeting in the absence of
the owner who could not attend the meeting. She notes it was not clear to the Commission how
the proposal would be effective in shoring up the rotted piles and it was evident that the proposal
would result in direct resource area impact triggering an NOI. Maxner communicated the
Commission's observations and Ms. Lappetito asked for time on the agenda to directly address
the Commission, and just this morning Ms. Lappetito emailed her asking to be removed from the
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August 23, 2016 Meeting Minutes
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agenda as she thinks she will try to figure out something for next season. Maxner reports that the
property owner was instructed that a Notice of Intent would be required for any work that would
impact the marsh. The Commission took no action and instructed Maxner to inform the owner
that no work on the pier or piles can take place without a permit from the Commission.
New: 4 Meeting Place Circle, DEP File #5 -1186 — request for minor modification to Order
of Conditions — Lisa Marciano
Maxner notes that she expected the applicant to attend, but provides an outline of the proposed
minor modification which relates to a revised pool and patio layout, and the pool will have a
cartridge system and the patio will be constructed with pavers. There will be a three foot high
retaining wall, and grading which were all part of the original plan.
Buchsbaum moves to approve the minor modification and modify Special Condition #4 to read:
Pool water drawdown for winter closure shall be directed toward the front yard of the property to
maximize infiltration and filter cartridge cleaning shall be conducted at the front yard of the
property. Pool draw down shall not be directed toward the wetland. This condition shall survive
beyond the issuance of a Certificate of Compliance. Seconded by Paluzzi. The motion carries 4-
0.
New: 3 Melvin Avenue, DEP File #5 -982 — request for extension to Order of Conditions —
Paul Gareri
Maxner reports this Order, issued in August of 2008, governed demo of existing porch and bump
out, pour new concrete foundation to accept a 20'x 28' addition with rear deck, remove and
reconfigure existing walkways and driveway to be constructed of previous materials, plant native
trees and shrubs, restore salt marsh with salt marsh grass and plant its edge with salt tolerant
shrubs. She notes this Order qualified for the State extension and the Commission issued a one -
year extension so far, so this would be the last extension available for this Order. Discussion
addresses when a Certificate of Compliance could be issued relative to survivorship of plantings
and Maxner agrees to remind the applicant of his obligation relative to marsh grass and
landscape plantings.
Paluzzi moves to extend the Order of Conditions for one last year. Seconded by Buchsbaum. The
motion carries 4 -0.
New: Review of Minor Project Permits Issued by Agent since last meeting
Maxner reports that a minor project permit was issued for exploratory borings in the vicinity of
Cummings Center and outlet culvert at Bass River (Elliott Street) as approved by the Chair and
Vice Chair. Members have no questions or comments.
New: Expenditure Approvals
Paluzzi moves to approve $100 expenditure for the Commission's membership renewal to Essex
County Greenbelt Association. Seconded by Bertoni. The motion carries 4 -0.
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Approval of Minutes
Buchsbaum moves to approve the March 1, 2016 minutes as amended. Seconded by Bertoni. The
motion carries 3 -0 -1 with Pirrotta abstaining.
Paluzzi moves to approve the May 4, 2016 minutes as amended. Seconded by Buchsbaum. The
motion carries 3 -0 -1 with Pirrotta abstaining.
New: Other... Extensions, Emergency Certifications, Enforcement Orders,
Correspondence —
Maxner asks if the Commission would like Greg St. Louis to attend tomorrow's meeting to
discuss Endicott College's drainage NOI. Members agree he should be there if he can attend.
Adjournment
Paluzzi moves to adjourn the meeting at 8:40 p.m. Seconded by Bertoni. The motion carries 4 -0.
The next regular meeting of the Conservation Commission is Wednesday, August 24, 2016 at
Beverly Library, 32 Essex Street Barnett Gallery.