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09_14_2021 Cons Com Minutes - final Beverly Conservation Commission September 14, 2021 Meeting Minutes Page 1 of 7 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 Page 2 of 7 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 Page 3 of 7 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. Beverly Conservation Commission September 14, 2021 Meeting Minutes Page 4 of 7 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 Page 5 of 7 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 Page 6 of 7 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 Page 7 of 7 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.