10_05_2021 Cons Com Minutes - final Beverly Conservation Commission
October 5, 2021 Meeting Minutes
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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.
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October 5, 2021 Meeting Minutes
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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
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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
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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
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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
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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.