Loading...
10_05_2021 Cons Com Minutes - final Beverly Conservation Commission October 5, 2021 Meeting Minutes Page 1 of 6 CITY OF BEVERLY PUBLIC MEETING MINUTES BOARD OR COMMISSION: Beverly Conservation Commission SUBCOMMITTEE: DATE: October 5, 2021 LOCATION: Virtual Meeting Access Only via Google Meet MEMBERS PRESENT: Chair Christine Bertoni, Vice Chair Robert Buchsbaum, David Alden - St. Pierre, William Squibb MEMBERS ABSENT: OTHERS PRESENT: Environmental Planner Jenna Pirrotta RECORDER: Stacia Chamberlain 1. Chair Bertoni calls the meeting to order at 7:05 p.m. and reads the public notice regarding holding meetings remotely due to Covid-19. 2. Recess for Public Hearings Alden - St. Pierre makes a motion to recess for public hearings. Seconded by Buchsbaum. The motion carries 3-0. 3. Notice of Intent/Abbreviated Notices of Intent/Requests for Amended Orders of Conditions a. Cont.: 400 Hale Street, DEP File #5-1346— construct a new building with associated appurtenances —Windover Construction c/o Stuart Meurer Documents Reviewed: Notice of Intent application dated August 30, 2021 and associated plans from Meridian Associates, revised dated September 28, 2021 Chris Broyles of Meridian Associates representing the applicant recaps the proposed project and describes the plan changes. The revisions include work on the infiltration system and installation of a utility line. *Squibb joins the meeting at 7:1Ipm* Buchsbaum asks about the method for installing the underground utility cable and Broyles clarifies. Buchsbaum asks if Broyles has a response to the comments from City Engineer Eric Barber. Broyles says that they are working with the college to satisfy the comments from the City Engineer. Pirrotta reads an updated statement by Eric Barber regarding the campus-wide stormwater facilities. Buchsbaum notes that the Commission can include a special condition regarding compliance with the City Engineer's requirements. There being no further questions from the Commission nor comments from the public, Buchsbaum moves to close the hearing. Seconded by Alden - St. Pierre. Bertoni takes a roll call. The motion carries 4-0. Beverly Conservation Commission October 5, 2021 Meeting Minutes Page 2 of 6 b. New: 181 Elliott Street,No DEP File # as of posting— re-grade parking lot and install two storm water inlet structures—Beverly Commerce Park, LLP Documents Reviewed: Notice of Intent application and plans dated September 21, 2021 by Cummings Properties, Stormwater letter by Hancock Associates dated September 22, 2021 Pirrotta confirms there is no DEP File number yet for this project. She reads the legal notice. Steve Drohosky of Cummings Properties and Charlie Wear of Hancock Associates representing the applicant describe the project. Drohosky explains the proposed changes to the Cummings Center property's stormwater drainage system. Bertoni asks Drohosky if they plan to remove the drain pipe that was installed without approval. Drohosky clarifies that they want to keep the first drain pipe and install an additional drain pipe. Bertoni asks if the resource area is considered Bordering Land Subject to Flooding. Wear affirms that it is, and clarifies that the proposed work creates a net gain in flood storage. Buchsbaum wants to know why the existing culvert is not working properly. Drohosky says that part of the problem is sediment buildup from off site. Squibb and Drohosky discuss stormwater runoff coming to the Cummings Center from other adjacent parts of the City and the location of the culverts. Wear clarifies that one particular culvert is about 75% clogged with sediments. Bertoni believes that the Commission should hear from Mass DEP and the City Engineer before making a determination. Bertoni asks Pirrotta whether comments were received from any City departments. Pirrotta reads the comments from Eric Barber, City Engineer. Bertoni opens the floor to the members of the public. Reuel Liebert, 201 Elliott Street, describes his concerns with algae growth in the pond. He asks whether Shoe Pond will be dredged, and if the City will clear the culverts. Liebert asks how this plan relates to or conflicts with the City's previously proposed stormwater management plan and how the work may address climate change-associated flooding. There being no further questions from the Commission nor comments from the public, Squibb moves to continue the hearing to the October 26, 2021 meeting. Seconded by Buchsbaum. The motion carries 3-0, with Alden - St. Pierre having technical difficulties. 4. Reconvene Regular Meeting Squibb moves to reconvene the regular meeting. Seconded by Buchsbaum. The motion carries 3-0, with Alden - St. Pierre having technical difficulties. 5. Requests for Determination of Applicability a. Cont.: 253 Essex Street—tree removal and landscaping activities—Jonathan Goodwin Documents Reviewed: Request for Determination of Applicability Application,with associated attachments and plans, dated August 4, 2021 Beverly Conservation Commission October 5, 2021 Meeting Minutes Page 3 of 6 Pirrotta reports that via email, the applicant requested that the Commission continue this to the next meeting. Alden— St. Pierre moves to continue to the October 26, 2021 meeting. Seconded by Buchsbaum. The motion carries 4-0. b. New: 202 Greenwood Avenue—construct a garage addition and patio—Michael Pescatore Documents Reviewed: Request for Determination of Applicability Application, with associated attachments and plans, dated September 10, 2021 Pirrotta reads the legal notice. Owner Mike Pescatore, describes his proposed project for the construction of a garage addition and notes Conservation Commission previously issued a Negative Determination for the same work in 2017, but that the determination had since expired. The Commission reviews the details of the previous approval, noting that condition 1 no longer applies. Buchsbaum moves to issue a Negative 3 with the conditions as discussed. Seconded by Alden - St. Pierre. The motion carries 4-0. c. New: 280 Hale Street— replace failed cesspool with new septic system—Anna Rossi Documents Reviewed: Request for Determination of Applicability Application,with associated attachments and plans, dated September 21, 2021 Pirrotta reads the legal notice. Dan Johnson of DSD, Inc. representing the applicant describes the proposed project including the replacement of the septic system. Johnson describes the pre- and post-work conditions of the property. He asserts that they did soil samples and confirmed there were no soil problems from the failed cesspool. Bertoni asks if it passed the Title V inspection; he clarifies that the current system is not compliant with Title V,but that the new system will be. Bertoni asks for alternatives for the work, since it will be within the 200-Foot Riverfront Area. Johnson discusses the alternatives that were considered for the new septic system, and says that the current location was chosen due to location next to the house and that other locations on site have shallow ledge. There are no other locations on the site outside Riverfront Area where the system could be located. Buchsbaum moves to issue a Negative 2 and Negative 3 determination with the conditions as discussed. Seconded by Alden - St. Pierre. The motion carries 4-0. 6. Requests for Certificates of Compliance a. New: Hale Street various parcels,DEP File #5-692 —construct access road— Brookwood School Documents Reviewed: Request for Certificate of Compliance by DeRosa Environmental dated September 21, 2021, letter from Morin-Cameron Group, dated September 15, 2021, and as-built plan by Morin-Cameron Group, dated August 20, 2021 Beverly Conservation Commission October 5, 2021 Meeting Minutes Page 4 of 6 Michael DeRosa of DeRosa Environmental, and Robert Hastings Jr. of Brookwood School, representing the applicant, are present. DeRosa recaps the completed work, noting that the project was completed in substantial compliance with the approved plan. He notes that the Order of Conditions related to this project is about 20 years old and they are hoping to receive a complete Certificate of Compliance. There is a deviation in that the check dams along the roadway were not constructed, but the shoulders are well vegetated with no signs of erosion. Pirrotta confirms she was on site and that there are mature trees off the roadway and stable grass areas along the shoulder. Alden - St. Pierre moves to issue a complete Certificate of Compliance, with the applicable perpetual conditions. Seconded by Buchsbaum. The motion carries 4-0. 7. Old/New/Other Business a. Enforcement Orders i. Cont.: 181 Elliott Street—Cummings Center Documents Reviewed: Revised response letter and draft plans by Cummings Properties, dated September 9, 2021 There are no project representatives to address this agenda topic. Pirrotta notes that a Notice of Intent was Piled (discussed earlier this evening) for the applicant to seek approval for the unauthorized work subject to the Enforcement Order, and notes that the Commission wanted to receive information from Mass DEP and did not direct the applicant to file the NOL Bertoni recommends the Commission keep the Enforcement Order on the agenda for now. ii. Cont.: 0 Netherton Avenue Documents Reviewed: Topographic Plan of Land by Hancock Associates, dated July 14, 2021 Owner Anthony Gaglione describes recent actions to collect quotes to have the unauthorized fill removed. The Commission expresses concern with the apparent delay in action. Bertoni requests the contact information of these contractors so that the Commission can document the owner's due diligence. Squibb asks about the location of the wetlands line. Pirrotta displays the 1987 wetlands delineation that the Commission has in its files for the subject property. Bertoni reiterates that a wetlands scientist needs to establish the wetland line and that the fill needs to come out. She requests that Gaglione submit the list of contractors he has contacted to Pirrotta as soon as possible and that he demonstrate progress by the October 26, 2021 meeting. iii. Cont.: 71 Shortell Avenue,DEP File #5-1288 Beverly Conservation Commission October 5, 2021 Meeting Minutes Page 5 of 6 Documents Reviewed: Revised Erosion Control Plan by Griffin Engineering Group, dated September 7, 2021 Pirrotta reports that the Commission received an email from Griffin Engineering describing that the erosion control plan had been implemented in the field and that the City Engineer Eric Barber, also provided comments on this project. Pirrotta will visit the site and provide an update to the Commission at the next meeting on October 26, 2021. b. Potential Violations,If Any Buchsbaum asks for a reminder about the status of 9 1 R Hale Street potential violation. Pirrotta recaps the Commission of the discussion at the previous meeting, noting that the Commission asked for a Notice of Intent to document the unauthorized work. The Commission discusses whether a restoration plan would be a better option to document the completed work and include restoration of some of the No Disturbance Zone next to Coastal Bank, where vegetation was removed and converted to lawn. Bertoni asks that Pirrotta send a follow up letter to the property owner with the recommendations as discussed. c. Tree Removals,If Any i. 19 Riverview Street Pirrotta reports findings from her site visit and describes the trees that are proposed for removal including five Norway maple trees and one spruce tree. Owner Jim Thornton explains that he and his neighbors are having continued property damage from the trees and that he wishes to replace the trees with native species in a better location on the property. Buchsbaum moves to approve the tree removal,with the conditions as discussed. Seconded by Bertoni. The motion carries 4-0. d. Minor Project Permits, If Any i. 27 Walker Road Pirrotta describes the proposed hot tub installation within the 100-Foot Buffer to wetlands, at the rear of an existing house. The Commission reported no objections. 8. Orders of Conditions,If Any a. 400 Hale Street, new academic building,DEP File #5-1346 The Commission recaps the project and discusses the proposed conditions. Alden - St. Pierre moves to issue an Order of Conditions for the project, with the special conditions as discussed, along with the standard general and perpetual conditions,under the MA Wetlands Protection Act and the Beverly Wetlands Protection Ordinance. Seconded by Buchsbaum. The motion passes 4-0. 9. Approval of Minutes (as available) There are no minutes available for review. 10.Adiournment Beverly Conservation Commission October 5, 2021 Meeting Minutes Page 6 of 6 Alden - St. Pierre moves to adjourn the meeting at 9:10 p.m. Seconded by Squibb. The motion carries 4-0. The next meeting of the Conservation Commission will be held on Tuesday, October 26, 2021.