03_22_2022 Cons Com Minutes - final Beverly Conservation Commission
March 22, 2022 Meeting Minutes
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CITY OF BEVERLY
PUBLIC MEETING MINUTES
BOARD OR COMMISSION: Beverly Conservation Commission
SUBCOMMITTEE:
DATE: March 22, 2022
LOCATION: Virtual Meeting Access Only via Google Meet
MEMBERS PRESENT: Chair Christine Bertoni, Vice Chair Robert Buchsbaum,
David Alden - St. Pierre, William Squibb,Meghan Jones
MEMBERS ABSENT:
OTHERS PRESENT: Environmental Planner Jenna Pirrotta
RECORDER: Stacia Chamberlain
1. Chair Bertoni calls the meeting to order at 7:01 p.m. and reads the public notice regarding
holding meetings remotely due to Covid-19.
2. New: Proposed Executive Session
Buchsbaum moves to enter executive session,pursuant to Pursuant to Massachusetts General
Laws, Chapter 30A, Section 21(a)(5) (open meeting law exception regarding investigating and
considering the filing of criminal complaints), to investigate and consider the filing of a criminal
complaint pursuant to City of Beverly Ordinance Chapter 287, Section 9, and Massachusetts
General Law, Chapter 40, Section 21D, regarding the failure to pay fines issued as the result of
an Enforcement Order in response to unpermitted work by Anthony Gaglione at 5R, 7R, and 9R
Netherton Avenue, Beverly,MA. Seconded by Squibb. Bertoni takes a roll call vote. Motion
passes 5-0. The Commission leaves the meeting to enter executive session, noting that they will
resume the regular meeting immediately after the executive session.
3. Recess for Public Hearings
The Commission rejoins the regular meeting and Alden - St. Pierre moves to recess for public
hearings. Seconded by Squibb. Bertoni takes a roll call vote. Motion passes 5-0.
4. Notice of Intent/Abbreviated Notices of Intent/Requests for Amended Orders of
Conditions
a. Cont.: 105 Sam Fonzo Drive & 10 LP Henderson Road,DEP File#5-1357—
construct commercial facility with parking,utilities,landscaping, and incidental site
work— 105 Sam Fonzo Realty Trust c/o Thomas Ford
Documents Reviewed: Notice of Intent application and site plans by Engineering Alliance, Inc,
dated January 18, 2022; revised plan set by Engineering Alliance, Inc, dated March 15, 2022,
Wetland Replication and Mitigation Planting Plan by Rimmer Environmental, LLC, dated March
15, 2022, Drainage Calculations and Stormwater Management Plan, revised dated March 15,
2022, Tetra Tech stormwater peer review comments dated March 10, 2022, and Engineering
Alliance, Inc response to peer review comments, dated March 15, 2022
Owner Thomas Ford; Mary Rimmer, of Rimmer Environmental Consulting; and Richard Salvo,
of Engineering Alliance, Inc., are present to recap the project and describe the revised plans and
new information. Salvo describes the new information that was submitted including updated
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landscaping, elimination of the isolated wetland and addition of wetland replication, and noted
that they prepared a response to the peer review comments. Rimmer describes the construction
sequence relative to the wetland replication area. She describes that the Isolated Vegetated
Wetland to be Filled is relatively flat with invasive species and has low functional habitat quality.
This wetland will be replicated with higher value wetland habitat next to Bordering Vegetated
Wetland elsewhere on the site at a 1.5:1 ratio. Rimmer notes the replicated area will be
excavated, clean loam added, and the area planted with a mix of native trees, shrubs, and
groundcover, with wetland scientist oversight.
Buchsbaum asks about regrading required in the area of the impacted isolated wetland. Rimmer
replies that it will be excavated and removed since it contains invasives, and it would be
backfilled with clean material at a slightly higher elevation. Bertoni asks about the location of the
replicated wetland area. Salvo describes the proposed area, noting that it was selected as that
location will require the least amount of regrading. Rimmer notes that there is opportunity for
invasives removal also within the larger Bordering Vegetated Wetland. She confirms that the
replicated wetland will have associated jurisdictional buffers upon completion. Bertoni asks
about timing of the replication, noting it is preferable to complete this in early stages of the work.
Rimmer agrees that it could be a condition of the project. Ford confirms that the construction of
the detention basin and wetland replication is included in the construction bid package for the
first phase of the work. Bertoni asks about stormwater management during construction of the
project. Rimmer says that temporary basins would be used and Salvo says that there is a
Stormwater Pollution Prevention Plan in place for this project, including best management
practices that would be applied. Pirrotta reports that the Engineering Department reviewed the
updated materials and that they had no further comments to provide to the Commission. In
response to Buchsbaum's question, Ford notes that the second stream crossing will occur
concurrent with other site work. Salvo provides information on the amount of stormwater
infiltration and amount and location of fill at the site, and refers the Commission to the impact
area tables. Squibb asks about the test pit results and Ford reports that they found sand, as
expected. Commissioners discuss what will be done with the open wells on the property; Ford
replies that they will be abandoned according to established protocols. In response to Squibb's
question, Ford confirmed they could keep the wells that are not covered by the building,
accessible for future monitoring as needed.
Bertoni invites comments and questions from members of the public. Mike Petkavich, 60 Trask
Street, would like to know how much water will run off onto abutter's properties. Salvo
describes that the pitch of the land and roof runoff would be directed away from their properties
into detention pond or infiltrated and that it will be an improvement over current conditions.
Petkavich asks about construction of a fire road at the rear of the property and Salvo confirms.
Randy Wetzel, 76 Trask Street, asks whether the project would cause a slower timing of the
water levels to lower after it rains and if there will be any maintenance to the drainage pipe that
was observed during the site visit. Bertoni suggests Wetzel direct this request to Ford, as no work
on that pipe was proposed as part of this project, but that it would need the Commission's
approval. Squibb believes he is referring to the culvert under Trask Street and Jones suggested he
follow up with the Department of Public Works regarding this issue. Buchsbaum recommends
native species be added for their screening vegetation if possible. Ford confirms the species were
selected by the landscape architect based on resistance to deer browsing and fast growth habits.
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There being no further comments or questions, Buchsbaum moves to close the hearing.
Seconded by Jones. Bertoni takes a roll call vote. Motion passes 5-0.
b. Cont.: 3 Pilgrim Heights,DEP File #5-1360— construct a building addition with
associated appurtenances —Glen Witwicki
Documents Reviewed: Notice of Intent application dated February 14, 2022 and site plan by
Griffin Engineering Group revised dated March 21, 2022
Bob Griffin of Griffin Engineering representing the applicant, summarizes the changes made to
the plans since the last meeting,including addition of mitigation plantings within an area of lawn
next to the bank, removal of yard waste, and addition of riprap in a depression that appears to
receive overland flow. Griffin describes that the mitigation plantings and addition of the drywell
will result in improved conditions. Bertoni asks about the catch basin in the street and whether
that contributes to erosion on the property. Griffin does not believe this is a contributing factor.
There are no comments from members of the public. There being no further questions or
comments, Alden - St. Pierre moves to close the hearing. Seconded by Buchsbaum. Bertoni takes
a roll call vote. Motion passes 5-0.
c. Cont.: 2 Thaxton Road,DEP File #5-1359— construct an in-ground pool, patio, and
landscaping—Justin & Emma Galui
Documents Reviewed: Notice of Intent application dated February 14, 2022 and site plan by
Griffin Engineering Group revised dated March 21, 2022
Bob Griffin of Griffin Engineering representing the applicant, summarizes revisions to the plan
since the last meeting. The homeowner coordinated with their landscape architect to minimize
the intrusion of the pool in the 50-Foot No-Build Zone, and relocated the pool equipment and
trellis further from the lot line. The fence was moved further away from the wetland, resulting in
an additional 260 square feet of restoration from lawn to naturalized area. Bertoni appreciates the
revisions and asks about the height of the fence and number of posts. Buchsbaum appreciates
that the fenced was moved slightly away from the wetland and the Commission discusses the
ability for continued wildlife movement based on the fencing that the owner selected.
Tina Buchs, 4 Thaxton Road, asks about lighting and light pollution. Bertoni confirms the
Commission would consider impacts from lighting, however, none was proposed near the
wetland. Buchs asks generally about wetland replication and is hopeful that the drywells will
work to prevent water from rising at her property. Bertoni confirms that the proposed addition of
impervious surface area is being offset by the proposed drywells. Griffin confirms that no
wetland replication is proposed, as there is no wetland fill associated with the project and that
buffer plantings are proposed. Buchsbaum confirms that 4 Thaxton Road is uphill from the
proposed project. There being no further comments or questions,Alden - St. Pierre moves to
close the hearing. Seconded by Buchsbaum. Bertoni takes a roll call vote. Motion passes 5-0.
d. Cont.: 181 Elliott Street,DEP File#5-1353 —request to amend Order of Conditions
—Beverly Commerce Park, LLP
Beverly Conservation Commission
March 22, 2022 Meeting Minutes
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Documents Reviewed: Request to Amend the Order of Conditions and site plan by Beverly
Commerce Park LLP, dated February 14, 2022
Pirrotta states the Commission received a request from the applicant to continue the hearing
without discussion to the next meeting. Squibb moves to continue the hearing to the April 12,
2022 meeting. Seconded by Bertoni. Berton takes a roll call vote. Motion passes 5-0.
e. New: 4 Bridle Path Lane,DEP File#5-1361 — construct an in-ground pool, deck,
and spa, with grading, utility work, and landscaping— Christine Petersen
Documents Reviewed: Notice of Intent application by DeRosa Environmental dated March 7,
2022 and site plan by Eaglebrook Engineering& Survey, LLC dated February 28, 2022
Pirrotta reads the legal notice. Evin Guvendiren of DeRosa Environmental; Ben Minnix of
Eaglebrook Engineering; Matt Ulrich of Ulrich Landscape Collaborative; and owner Christine
Petersen, are present to discuss the project. Guvendiren gives an overview of the proposed
project and describes the locations of the wetland resource areas and their associated buffers.
Guvendiren notes there will be an increase in impervious surface area associated with the project
and that mitigation will be provided including installation of a rain garden with plantings and
conservation of a landscaped area to a naturalized vegetated area to increase habitat value within
the buffer. Utilities would be trenched and stabilized the same day and biodegradable silt sock
sediment and erosion controls would be used during construction.
Buchsbaum asks about new impervious surface area and the amount of mitigation. Bertoni asks
whether the pavers surrounding the pool will be impervious and how the rain garden would
accommodate all of the expected stormwater. Guvendiren refers to the stormwater report
included with the Notice of Intent and Minnix explains how the runoff will be infiltrated. Minnix
describes location of existing ledge and how those portions of the yard were not considered
pervious in their drainage calculations. Not all runoff would be directed to the rain garden and
there will also be infiltration into the lawn. Buchsbaum and Berton would like to hold a site
visit. Bertoni asks about alternatives to avoid trenching the utilities and for moving the pool
closer to the house. Guvendiren replies that the placement of the pool was designed to minimize
impacts and moving it closer to the house would result in more work within the No Build Zone
and No Disturbance Zone. Bertoni confirms that no blasting is anticipated and clarifies that
access would be required over the existing culvert. There are no comments from members of the
public. Commissioners schedule a site visit for March 26, 2022 at 8 a.m. There being no further
questions or comments, Buchsbaum moves to continue the hearing to the April 12, 2022
meeting. Seconded by Alden— St. Pierre. Bertoni takes a roll call vote. Motion passes 5-0.
5. Reconvene Regular Meeting
Buchsbaum moves to reconvene the regular meeting. Seconded by Alden - St. Pierre. Bertoni
takes a roll call vote. Motion passes 5-0.
6. Requests for Determination of Applicability
a. New: 17 Columbia Road—replace and expand an existing driveway and remove and
rebuild new deck and stairs —Meghan &Michael Jones
Beverly Conservation Commission
March 22, 2022 Meeting Minutes
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Documents Reviewed: Request for Determination of Applicability application and associated
attachments, dated March 3, 2022
Jones recuses herself from discussion as a Commissioner. Pirrotta reads the legal notice. Owner
Meghan Jones, describes the proposed project including replacing the deck and stairs and paving.
She explains how street runoff has led to deterioration of the pavement and she plans to expand a
portion of the pavement at the driveway entrance with a 3-inch berm to minimize driveway and
yard damage from the cars that turn around at the end of the street. Bertoni asks about the intent
of the berm and whether there would be a change in water flow. Jones describes the location of
her property and that water would still reach the same wetlands and stream. Buchsbaum asks
whether pervious pavement was considered. Jones replies that she considered different
alternatives and that pervious pavers are cost prohibitive. The Commission discusses proposed
conditions for the project. There being no further questions or comments, Buchsbaum moves to
issue a Negative 3 Determination with the conditions as discussed. Seconded by Squibb. Bertoni
takes a roll call vote. Motion passes 4-0-1, with Jones abstaining.
b. New: 31 Wirling Drive— construct a building addition and deck—Francis & Lori
Gambone
Documents Reviewed: Request for Determination of Applicability application and site plan by
Griffin Engineering Group, dated March 7, 2022
Pirrotta reads the public notice. Bob Griffin of Griffin Engineering describes the proposed
project including construction of an elevated addition and deck in an area of existing lawn.
Griffin confirms the work is not located within the 200-Foot Riverfront Area and that a portion
of the work is located within Bordering Land Subject to Flooding, but there will be no fill or
change of grade in that area. The project is not located within the 50-Foot No Build Zone.
Bertoni asks how runoff would be addressed. Griffin describes that crushed stone would be
added beneath the deck and water would infiltrate into the ground as it does today. Griffin
suggests that gutters could be directed to the stone under the addition. Squibb asks which
direction the roof line is oriented. Bertoni says that the runoff from the addition should not be
directed toward the street. Commissioners discuss the proposed conditions for the project and
Bertoni requests that Pirrotta hold a pre-construction site visit. There being no further questions
or comments, Buchsbaum moves to issue a Negative 2 and 3 Determination, with the conditions
as discussed. Seconded by Alden - St. Pierre. Bertoni takes a roll call vote. Motion passes 5-0.
7. Requests for Certificates of Compliance
a. New: 50 Dunham Road,DEP File#5-1202—relocate existing roadway, remove
trees, and associated grading and stormwater BMPs—Dunham Ridge, LLC c/o
Damien Savoie
Documents Reviewed: Request for Certificate of Compliance by Cummings Properties, LLC
dated March 7, 2022 and as built plan by Alan Engineering, LLC, dated February, 28 2022
Damien Savoie and Steve Drohosky, on behalf of Cummings Properties, LLC representing the
applicant are present to request the Commission issue a Certificate of Compliance to close out
the project. Savoie notes the project was approved in 2016 and a Minor Modification was issued
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in 2017. Bertoni asks if there were any deviations from the approved plans. Savoie replies that
the grade of the roadway is approximately 2 feet lower than approved. He explains that this
eliminated the need for a riprap slope as previously proposed, since the natural grade serves as a
berm. Pirrotta confirms she held a site visit with the applicant and describes the conditions of the
property including remnant asphalt and sediment controls. Bertoni requests that they remove the
debris on the site. Buchsbaum asks about what was planted in the area of the removed asphalt.
Savoie describes the conservation seed mix that was spread. Drohosky agrees they will do their
best to remove notable chunks of asphalt debris and sediment controls and confirm with Pirrotta.
There being no further comments or questions, Buchsbaum moves to issue a Complete
Certificate of Compliance with Perpetual Conditions 37-41, and Special Condition 8. Seconded
by Squibb. Bertoni takes a roll call vote. Motion passes 5-0.
8. Old/New/Other Business
a. Enforcement Orders
i. Cont.: 62 South Terrace
Documents Reviewed: Enforcement Order dated September 1, 2021, extension request letter,
dated March 4, 2022
Bob Griffin of Griffin Engineering, representing the owners, recaps the restoration plan and
directives in the Enforcement Order and describes the owners' efforts towards completion and
regaining compliance with the expired Order of Conditions. The owners are asking for an
extension of time to complete the work and layout a schedule of completion. Griffin clarifies that
salt marsh grasses will not be planted per the original plan, as they are unlikely to be successful
in a cobble location such as this, as observed at the Commission's previous site visit. Buchsbaum
moves to amend the Enforcement Order to extend the date for completion of the restoration plan
until June 15, 2022. Seconded by Squibb. Bertoni takes a roll call vote. Motion passes 5-0.
b. Potential Violations,If Any
i. 344 Old Essex Road
Pirrotta updates the Commission on this property regarding the storage of vehicles and
collapsing garage that was observed at the Commission's site visit at the adjacent property.
Pirrotta states she spoke with the Beverly Traffic Sergeant that the broken vehicles have been
removed and that the garage has collapsed, adding that has been trying to reach the property
owner to discuss with them their intention of removal of the dilapidated garage. Commissioners
discuss which City entity might be responsible for enforcing this. Bertoni asks Pirrotta to alert
the Building Inspector with their recommendations. Buchsbaum thinks that this effort should be
led by the Building Inspector rather than the Commission.
c. New: Discussion on updated guidance on holding remote and hybrid meetings
Pirrotta updates the Commissioners on the latest state policies for holding meetings. Members
decide that they will continue conducting virtual meetings for the time being, as they all believe
that hybrid meetings are too complicated and inefficient.
d. Other: Discussion or Action Items Related to Commission Business,
Correspondence, etc. Received/Issued After Publication of Agenda,If Any
i. Buchsbaum asks if the Commission will have a new member soon. Pirrotta updates the
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Commissioners that Mayor Cahill has put forth a recommendation to the City Council for
appointment to the Commission.
ii. Tonight is Alden - St. Pierre's last meeting as he is resigning from the Commission.
The Commission thanks him for his contributions and looks forward to continuing to
work with him in his ongoing capacity as chair of the Open Space and Recreation
Committee.
iii. Pirrotta received an email from a concerned citizen reporting that at the Beverly
Commons there is a vernal pool within the trail itself which was disturbed.
iv. There was a report of paintball activity at Norwood Pond. Pirrotta is coordinating with
Beverly Police on enforcement concerns. Alden - St. Pierre suggests adding signage at
the pond noting that this activity is prohibited there.
9. Orders of Conditions
i. 105 Sam Fonzo Drive & 10 LP Henderson Road,DEP File #5-1357
The Commission recaps the project and discusses the issuance of an Order of Conditions for the
project. Alden— St. Pierre moves to issue an Order of Conditions under the MA Wetlands
Protection Act and Beverly Wetlands Protection Ordinance with the special conditions as
discussed and the standard general and perpetual conditions. Seconded by Jones. Bertoni takes a
roll call vote. Motion passes 5-0.
ii. 3 Pilgrim Heights,DEP File#5-1360
The Commission recaps the project and discusses the issuance of an Order of Conditions for the
project. Alden— St. Pierre moves to issue an Order of Conditions under the MA Wetlands
Protection Act and Beverly Wetlands Protection Ordinance with the special conditions as
discussed and the standard general and perpetual conditions. Seconded by Buchsbaum. Bertoni
takes a roll call vote. Motion passes 5-0.
iii. 2 Thaxton Road,DEP File#5-1359
The Commission recaps the project and discusses the issuance of an Order of Conditions for the
project. Alden— St. Pierre moves to issue an Order of Conditions under the MA Wetlands
Protection Act and Beverly Wetlands Protection Ordinance with the special conditions as
discussed and the standard general and perpetual conditions. Seconded by Jones. Bertoni takes a
roll call vote. Motion passes 5-0.
10. Approval of Minutes (as available)
There are no minutes currently available for review.
11. Adiournment
Alden - St. Pierre moves to adjourn at 10:28 p.m. Seconded by Bertoni. Bertoni takes a roll call
vote. The motion carries 5-0.
The next regular meeting of the Conservation Commission is scheduled for Tuesday, April 12,
2022.