09_14_2021 Cons Com Minutes - final Beverly Conservation Commission
September 14, 2021 Meeting Minutes
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CITY OF BEVERLY
PUBLIC MEETING MINUTES
BOARD OR COMMISSION: Beverly Conservation Commission
SUBCOMMITTEE:
DATE: September 14, 2021
LOCATION: Beverly City Hall, 3rd Floor Council Chambers,
191 Cabot Street, Beverly, MA 01915
MEMBERS PRESENT: Chair Christine Bertoni, Vice Chair Robert Buchsbaum,
David Alden-St. Pierre
MEMBERS ABSENT: William Squibb
OTHERS PRESENT: Environmental Planner Jenna Pirrotta
RECORDER: Stacia Chamberlain
1. Chair Bertoni calls the meeting to order at 7:04 p.m.
2. Recess for Public Hearings
Alden-St. Pierre makes a motion to recess for public hearings. Seconded by Buchsbaum. The
motion carries 3-0.
a. New: 37 Paine Avenue,DEP File #5-1345—relocate pool and decking,install garage
and water quality swale, and associated site work and landscaping— Scott Patrowicz, P.E.
Documents Reviewed: Notice of Intent application and associated plans and narrative from
Patrowicz Land Development Engineering, dated August 30, 2021
Pirrotta reads the legal notice. Applicant Scott Patrowicz of Patrowicz Land Development
Engineering presents the proposed project for the pool, decking, and garage improvements
and discusses changes to the plan, as compared to the previous Notice of Intent under DEP
File 95-1331. He states that he is applying for a new permit based on the new design and that
work has begun to repair the existing house under the other Order. He notes that the erosion
controls and limit of work are the same and that the overall project description is the same,
but the stormwater swale will be larger to accommodate additional runoff. Bertoni asks why
the applicant did not request to amend the Order; Patrowicz states that it's because work
under the existing permit is ongoing and they decided to apply for a new NOI so as to
compartmentalize the work. Buchsbaum asks about the sizing of the swale.
There being no further questions or comments, Buchsbaum moves to close the hearing.
Seconded by Alden-St. Pierre. The motion carries 3-0.
b. New: 400 Hale Street,No DEP File # as of posting— construct a new building with
associated appurtenances —Windover Construction c/o Stuart Meurer
Documents Reviewed: Notice of Intent application and associated plans from Meridian
Associates, dated August 30, 2021
Beverly Conservation Commission
September 14, 2021 Meeting Minutes
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Pirrotta reads the legal notice. Chris Broyles of Meridian Associates,representing the
applicant, presents the proposed project including the construction of a new academic
building on the Endicott College campus, with associated utilities and reworking of the
existing quad. Buchsbaum asks about the addition of impervious surfaces. Broyles answers
that within the 100-Foot Buffer, the impervious surface area will increase but that a
stormwater management plan was developed to address the additional stormwater runoff.
Broyles confirms that blasting would be required for installation of the building, due to the
existing ledge. The Commission asks about parking needs and whether issues will be raised
by removing the existing parking lot to construct the new building. Pirrotta reads comments
from the City Engineer Eric Barber regarding overall stormwater concerns on the campus.
Broyles confirms that he has also received the comments and plans to address these directly
with the Engineering Department.
There being no further questions from the Commission nor comments from the public,
Buchsbaum moves to continue the hearing to the October 5, 2021 meeting, due to lack of a
DEP file number. Seconded by Alden-St. Pierre. The motion carries 3-0.
c. New: 29 Ober Street,DEP File#5-1308 —request to amend Order of Conditions—
Rebecca Lawniczak
Documents Reviewed: Request to Amend the Order of Conditions and associated plans by
Meridian Associated, dated August 30, 2021
Pirrotta reads the legal notice. David Kelley of Meridian Associates presents the proposed
project, including a slight change in the site layout of the replaced house, pool, and
associated improvements. Bertoni asks about the change in impervious surfaces; Kelley
clarifies that the impervious surface area was reduced by 100 square feet. Under this
amendment,they will also be replacing the retaining wall on the south side of the property,
and therefore the special conditions in the existing Order for the repairs of the wall are no
longer applicable. Buchsbaum asks about details of the wall re-construction. Kelley confirms
that the rain garden is eliminated from the revised plan. Pirrotta reads comments from City
Engineer Eric Barber regarding stormwater management.
Martha Bednarz, resident at 35 Woodbury Street, asks about the proposed changes and is
concerned with an increased impervious surfaces and the location of the tennis court. Kelley
clarifies that the tennis court is no longer a part of the proposed project, however it was not
proposed within the 100-Foot Buffer.
There being no further questions or comments, Alden-St. Pierre moves to close the hearing.
Seconded by Buchsbaum. The motion carries 3-0.
d. New: 1025 Hale Street,DEP File#5-1344— construct an addition to an existing house—
Donald Sohn
Beverly Conservation Commission
September 14, 2021 Meeting Minutes
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Documents Reviewed: Notice of Intent application with associated narrative by DeRosa
Environmental and plans by Morin-Cameron Group, dated August 30, 2021
Pirrotta reads the legal notice. Evin Guvendiren of DeRosa Environmental representing the
applicant describes the proposed project including the additions to the existing house.
Buchsbaum asks about the increase in impervious surface area; Guvendiren replies that it
will increase by about 200 square feet but that the existing vegetation and gravel patio will
allow infiltration of the runoff, per a conversation with the project engineer. Bertoni asks
about open Orders of Conditions at the property. Guvendiren confirms she is aware of three
outstanding Orders and that they plan to close them out this fall. Bertoni asks whether the
Certificate of Compliance requests could be submitted by the November meeting.
There being no further questions or comments from the Commission nor the public, Alden-
St. Pierre moves to close the hearing. Seconded by Buchsbaum. The motion carries 3-0.
3. Reconvene Regular Meeting
Buchsbaum moves to reconvene the regular meeting. Seconded by Alden-St. Pierre. The
motion carries 3-0.
4. 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
Pirrotta reports that the applicant emailed a request to continue the discussion to the next
meeting. Buchsbaum moves to continue this item to the October 5, 2021 meeting. Seconded
by Alden-St. Pierre. The motion carries 3-0.
b. Cont.: 12 Jordan Street—above ground pool installation—Krystina Bloise
Documents Reviewed: Request for Determination of Applicability Application, with
associated attachments, dated August 10, 2021
Applicant Krystina Bloise discusses the proposed pool installation. She says that stone dust
would need to be installed by the landscaper and be placed below the pool. Pirrotta confirms
the Building Commissioner noted that the applicant will need a Floodplain Development
Permit. The Commissioners discuss placement of stone dust over crushed stone, to allow
infiltration of floodwater. Bertoni also notes that if the applicant wishes to build a deck
around the pool that the applicant will need to come back for approval, as it was not part of
this application.
Alden-St. Pierre moves to issue a Negative 2 and Negative 3 Determination, with the
conditions as discussed. Seconded by Buchsbaum. The motion carries 3-0.
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September 14, 2021 Meeting Minutes
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5. Requests for Certificates of Compliance
a. New: 16 Whitehall Circle,DEP File#5-862—construction of roadway and utility work
—Jennifer Card
Documents Reviewed: Request for Partial Certificate of Compliance and As-Built Plan by
Griffin Engineering Group, dated August 25, 2021
Bob Griffin from Griffin Engineering Group presents the request for a partial Certificate of
Compliance and notes that the individual house lots were associated with the Order, however
the Order only pertains to the construction of the road and utilities. Bertoni asks about road
drainage; Griffin confirms that the drainage system is working well and will be maintained
by the association. Pirrotta reports she held a site visit with the engineer on August 31, 2021
and that the site was stable.
Buchsbaum moves to issue a partial Certificate of Compliance with the applicable perpetual
conditions. Seconded by Alden-St. Pierre. The motion carries 3-0.
b. New: 28 Whitehall Circle,DEP File#5-862—construction of roadway and utility work
—Michael Sciucco
Documents Reviewed: Request for Partial Certificate of Compliance and As-Built Plan by
Griffin Engineering Group, dated August 25, 2021
Bob Griffin from Griffin Engineering Group presents the request for a partial Certificate of
Compliance. This request is the same as what was just reviewed for 16 Whitehall Circle, but
is to release the 28 Whitehall Circle lot from the Order of Conditions. Pirrotta reports she
held a site visit with the engineer on August 31, 2021 and that the site was stable.
Alden-St. Pierre moves to issue a partial Certificate of Compliance with the applicable
perpetual conditions. Seconded by Buchsbaum. The motion carries 3-0.
c. New: 16 Whitehall Circle,DEP File#5-1026— construct single-family home with
associated driveway, deck, utilities, drainage structures, and landscaping—Jennifer Card
Documents Reviewed: Request for Certificate of Compliance and As-Built Plan by Griffin
Engineering Group, dated August 25, 2021
Bob Griffin from Griffin Engineering Group describes the request for a complete Certificate
of Compliance. Pirrotta notes there were a number of special conditions in the order and
Griffin reports that they were met to the best of his knowledge and he reports substantial
compliance with the approved plan. Pirrotta did not find any photos of the drywells in the
file, but notes the site is stable and trees noted to be saved on the plan were still present.
Buchsbaum moves to issue a complete Certificate of Compliance, with the ongoing perpetual
conditions. Seconded by Alden-St. Pierre. The motion carries 3-0.
Beverly Conservation Commission
September 14, 2021 Meeting Minutes
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d. New: 28 Whitehall Circle,DEP File#5-1133— construct single-family home with
associated driveway, deck, utilities, drainage structures, and landscaping—Michael
Sciucco
Documents Reviewed: Request for Certificate of Compliance and As-Built Plan by Griffin
Engineering Group, dated August 25, 2021
Bob Griffin from Griffin Engineering Group describes the request for a complete Certificate
of Compliance, noting substantial compliance with the Order and subsequent modification.
He notes the area next to the wetland is well vegetated, the oak trees are still present and the
maple trees were planted, as required. Griffin does not recommend adding another maple tree
to replace one that has died as he believes there is enough vegetation and coverage in the
area. Pirrotta agrees and displays photos from the site inspection.
Alden-St. Pierre moves to issue a complete Certificate of Compliance, with the perpetual
conditions. Seconded by Buchsbaum. The motion carries 3-0.
e. New: 18 Leather Lane,DEP File#5-1251 — construction of driveway, infiltration swale,
stormwater detention basin, and grading—Paul Doetsch
Documents Reviewed: Request for Certificate of Compliance and As-Built Plan by Hancock
Associates, dated August 27, 2021
Charlie Wear of Hancock Associates describes the request for a complete Certificate of
Compliance, noting substantial compliance with the Order and approved plan. Bertoni asks
for clarification on the two deviations described in the letter. Wear notes the changes
including the addition of a cobblestone strip outside the 100-Foot Buffer and a boulder
retaining wall along the driveway. Owner Paul Doetsch confirms the boulders are to hold
back the soil and resulted in a smaller area of disturbance. Pirrotta reports she was onsite and
adds that the other deviation was the installation of the drainage trench at the bottom of the
driveway. Wear and Doetsch explain that a trench drain was installed to mitigate the
potential for water drainage problems from stormwater runoff flowing across the street to the
neighbor's property.
Buchsbaum moves to issue a complete Certificate of Compliance with the perpetual
conditions. Seconded by Alden-St. Pierre. The motion carries 3-0.
6. 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
Beverly Conservation Commission
September 14, 2021 Meeting Minutes
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Steve Drohosky and Dennis Clarke, representing Cummings Properties, discuss the
background on the stormwater management on the property,noting that they have
discussed the issue with City Department of Public Services staff and Mass DEP. Clarke
describes the completed work and discusses that they would like to retain the work as
well as install an additional pipe. Clarke highlights how important it is to have
immediate mitigation while they wait for long-term planning to come to fruition. They
are requesting that the Commission approve the work under an RDA rather than a NOI.
Berton and Buchsbaum disagree and believe that if Cummings is submitting an
application for approval that a Notice of Intent would be required and not a Request for
Determination of Applicability. Bertoni wants to hear from Mass DEP before
determining how the Commission should move forward, as Pirrotta reports that Mass
DEP is in the process of reviewing their enforcement options from the unpermitted
work.
ii. Cont.: 0 Netherton Avenue
Documents Reviewed: Topographic Plan of Land by Hancock Associates, dated July 14,
2021
Neither the owner nor representative are present at the meeting. Pirrotta informs the
Commission that there have been no updates, as required by the Enforcement Order.
Bertoni requests that Pirrotta send a reminder to the owner and that thereafter the
Commission can impose fines if there is no progress toward restoration of the
unauthorized fill. Sharon Hughes, 13 Western Avenue, speaks about the need for
mitigation on this property, as working on her lawn has been impossible due to recent
wet conditions that began after the fill. Alden-St. Pierre moves to modify the
Enforcement Order with the conditions as discussed and requesting progress report at
the October 5, 2021 meeting. Seconded by Buchsbaum. The motion carries 3-0.
iii. Cont.: 20/30/40 Webster Avenue/Hickory Hill - Cart Path, DEP File 95-1237
Documents Reviewed: Letter from Griffin Engineering Group dated August 27, 2021
Bob Griffin of Griffin Engineering Group recaps the completed work per the October
19, 2021 restoration plan. Pirrotta confirms she was onsite and work appeared in
compliance, but that the silt fence needs to be removed. Buchsbaum moves to lift the
enforcement order pending confirmation of the removal of the erosion controls.
Seconded by Alden-St. Pierre. The motion passes 3-0.
iv. New: 71 Shortell Avenue, DEP File 95-1288
Documents Reviewed: Revised Erosion Control Plan by Griffin Engineering Group,
dated September 7, 2021
Beverly Conservation Commission
September 14, 2021 Meeting Minutes
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Bob Griffin of Griffin Engineering presents the erosion control plan to address the
Commission's concerns with sediment migration at the site. Bertoni would like follow
up on implementation of the plan at the next meeting, including progress at removing
the soil piles. Buchsbaum moves to update the Enforcement Order with the conditions as
discussed. Seconded by Alden-St. Pierre. The motion passes 3-0.
b. Potential Violations,If Any
i. 91 R Hale Street
Documents Reviewed: Existing Conditions plan and letter from Griffin Engineering
Group, dated August 26, 2021
Attorney Matthew Watsky and Bob Griffin of Griffin Engineering representing the
owner, are present to discuss the potential violation. Griffin describes the changes that
occurred on the site since the owner purchased the property. Watsky does not believe the
owner needs to file a Notice of Intent for the various property changes per the Wetlands
Protection Act. He concedes that the owner and the contractors did not know that they
needed to file with the Commission. Bertoni believes that the property owner should file
an after-the-fact NOI. Watsky and Griffin will consult with the owner on next steps.
c. Tree Removals,If Any
i. 28 Fosters Point
Bob Griffin of Griffin Engineering Group presents the request for the removal of two
silver maple trees that are in poor health. The Commission recently issued an Order of
Conditions at the property for the replacement of the house. The Commission reviews
photos and the arborist's report on the condition of the trees. Alden-St. Pierre moves to
approve removal of the trees, with the standard conditions. Seconded by Buchsbaum.
The motion passes 3-0.
ii. 21 Riverview Street
The Commission reviews the arborist's report on the condition of the trees and Pirrotta
displays photos of the Norway maple trees proposed to be removed. Alden-St. Pierre
moves to approve the removal of the trees with the conditions as discussed. Seconded by
Buchsbaum. The motion passes 3-0.
Due to the lateness of the time, the Commission decides to schedule a special meeting to discuss
the remainder of the agenda items,prior to the next regular meeting. The Commission schedules
a remote meeting for 7:00 pm on Monday, September 27, 2021.
7. Adiournment
Alden-St. Pierre moves to adjourn at 10:25 p.m. Seconded by Buchsbaum. The motion carries 3-
0.
The next regular meeting of the Conservation Commission will be held on Tuesday, October 5,
2021 at 7:00 pm.