04_12_2022 Cons Com Minutes - final Beverly Conservation Commission
April 12, 2022 Meeting Minutes
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CITY OF BEVERLY
PUBLIC MEETING MINUTES
BOARD OR COMMISSION: Beverly Conservation Commission
SUBCOMMITTEE:
DATE: April 12, 2022
LOCATION: Virtual Meeting Access Only via Google Meet
MEMBERS PRESENT: Chair Christine Bertoni, Vice Chair Robert Buchsbaum,
William Squibb, Meghan Jones, Amber Redmond
MEMBERS ABSENT:
OTHERS PRESENT: Environmental Planner Jenna Pirrotta
RECORDER: Stacia Chamberlain
1. Chair Bertoni calls the meeting to order at 7:02 p.m. and reads the notice regarding holding
meetings remotely due to Covid-19.
2. Recess for Public Hearings
Buchsbaum moves to recess for public hearings. Seconded by Jones. Bertoni takes a roll call
vote. Motion passes 4-0.
3. Notice of Intent/Abbreviated Notices of Intent/Requests for Amended Orders of
Conditions
a. Cont.: 181 Elliott Street,DEP File#5-1353 —request to amend Order of Conditions
—Beverly Commerce Park, LLP
Documents Reviewed: Request to Amend the Order of Conditions and site plan by Beverly
Commerce Park LLP, dated February 14, 2022
Bill Squibb joins the meeting at 7:05 p.m.
Pirrotta informs the Commission that there was a request from the applicant to continue this
hearing without discussion until the May 24, 2022 meeting. Buchsbaum moves to continue this
hearing until the May 24, 2022 meeting. Bertoni takes a roll call vote. Seconded by Jones.
Motion passes 5-0.
b. Cont: 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; site plan by Eaglebrook Engineering & Survey, LLC revised dated April 1, 2022;
supplemental information by DeRosa Environmental dated April 5, 2022
Evin Guvendiren of DeRosa Environmental; Ben Minnix of Eagle Brook Engineering; and
owner Christine Petersen, are present to discuss the proposed project. Guvendiren provides an
overview of the Commission's site walk and describes the revised plans with the project. Bertoni
appreciates the changes made based on requests by the Commission.
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There being no further comments from Commissioners and staff, Bertoni invites comments and
questions from the public. There being none, Buchsbaum moves to close the hearing. Seconded
by Squibb. Bertoni takes a roll call vote. Motion passes 4-0-1, with Redmond abstaining.
c. New: 302 Hale Street,No DEP File # as ofposting—review and affirm the extent
of wetland resource areas delineated—Endicott College c/o Rick Gagnon
Documents Reviewed: Abbreviated Notice of Resource Area Delineation and plans by Hancock
Associates, dated March 28, 2022
Pirrotta reads the legal notice. Devon Morse from Hancock Associates representing the
applicant, provides an overview of the wetland resource area subject for review on the campus.
Commissioners question which portion of the campus the wetlands are located and how the
flagging is consistent or different from previous delineations at the site. Morse confirms that the
wetlands have grown in size from earlier flagging in 2014. Members discuss the presence of
vernal pools on site. Bertoni points out that the 100-Foot Buffer is a No Disturbance Zone since
the wetlands contain vernal pools. Members agree that a site visit will be needed to review the
delineation in the field. Squibb asks whether the vernal pools are certified. Pirrotta confirms that
the vernal pools were indicated to be certified by the state on a previous Order of Resource Area
Delineation for the property. Bertoni asks that the No Disturbance Zone be updated on the plan
and that the numbers of the certified vernal pools be added. Morse agrees and adds that the
applicant intends to submit an application for work in this area in the future. Bertoni confirms
that no work is proposed under this ANRAD, and that the request is only to confirm the resource
areas shown on the plan and not the entirety of the parcel.
Bertoni invites comments and questions from the public. There being none, Commissioners
schedule the site visit for Sunday, April 24, 2022, at 8 a.m. and Morse will confirm the meeting
location on campus. There being no further questions or comments, Buchsbaum moves to
continue the hearing to the May 3, 2022 meeting. Seconded by Jones. Bertoni takes a roll call
vote. Motion passes 5-0.
d. New: Norwood Pond,DEP File#5-1602 —initiate an aquatic management program
at Norwood Pond—Henry Haight
Documents Reviewed: Notice of Intent application and project plans by DeRosa Environmental
and Water& Wetland, dated March 29, 2022
Pirrotta reads the legal notice. Evan Guvendiren of DeRosa Environmental Consulting describes
the proposed project timeline and treatment plan. The application is filed as an ecological
restoration project and would include application of herbicides to target accumulation of
nuisance aquatic plant species. Buchsbaum says that more information is needed on the extent to
which the plants are problematic, as almost all of the species to be treated are either natives of
non-invasive. He asks about the goals of the project and the proposed outcomes, as the natural
order of the pond would be to revert to marsh. Joe Onorato of Water& Wetland replies that the
species to be removed are extremely dense and widespread throughout the pond. He says that
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they are trying to reduce eutrophication and return the pond to a healthy aquatic habitat. Onorato
describes the alternatives to herbicides that were considered, including dredging or hydroraking
which are cost-prohibitive. Buchsbaum asks whether there are issues with low dissolved oxygen
in the pond. Onorato replies that they have not conducted water quality assessments,but that
another resident had recently had testing performed and that if dissolved oxygen is not low now,
it will be soon.
Buchsbaum asks about the fish population in the pond and states that it does not appear to be an
aquatic environment in crisis. Bertoni agrees with Buchsbaum and reiterates that more
information is needed on potential effects of the aquatic life and downstream users before
herbicides are used. Squibb asks whether the herbicides could leach into other ponds or waters.
Onorato describes the granular slow-release nature of the selected herbicide and dilution
downstream would not be at concentrations that would be of concern. Bertoni asks for
information on use of these herbicide products in other communities. Onorato notes that the use
of herbicides is more selective than hydroraking. Squibb asks about the responsible parties for
the project; Pirrotta confirms that the City signed the NOI as the owner of the pond property and
Henry Haight is one of the residents along the pond and would be responsible for the work.
Water& Wetlands is experienced in herbicide applications.
Buchsbaum wants to know more about how herbicide concentrations and types affect which
species and the potential harmful effects on fish and wildlife. Bertoni asserts that it would be
helpful to know what was done at Chebacco Lake to use as a comparison and notes that more
information is needed on the goals and possible impacts to the watershed and drinking water.
Bertoni asks if there is evidence of algal blooms in the pond, as the use of algaecides is described
in the application. Onorato says that this is not documented in Norwood Pond, but that use of
algaecides is included as a tool to be used to treat it, if it is identified based on monitoring.
Bertoni asks about how the project meets the performance standards for impacts to the resource
areas, and Guvendiren notes that these are listed in the application and agrees that more
information can be provided on the densities and vegetation types.
Bertoni invites comments and questions from the public.
Dr. Thomas Perls of 9 Norwood Pond Road notes that he and Ralph Drinkwater of 5 Norwood
Pond Road, are on call as well as some of his neighbors. Perls describes his background in
biology, and that he had engaged Solitude Lake Management to perform a study of the pond last
March. He describes the condition of the pond including overgrowth of plants in the summer. He
notes that significant eutrophication is occurring, and that because this pond is an important
recreational resource for the community, he and the neighbors believe that this management plan
is appropriate. He offers to share photographs of the pond and the Commission requests the
photos and survey.
Simon Haight of 25 Beaver Pond Road, and son of the applicant Henry Haight, is concerned with
the water level in the pond and believes it is lower than normal. He states that there is a problem
at the dam and that there is 6-7 feet of muck at the bottom of the pond. He cites specific
problems with the dam and Pirrotta confirms she reached out to Commissioner of Public
Services & Engineering Michael Collins and other City Departments to let them know about the
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concern. Squibb suggests that the City take action to prioritize work on the dam. Buchsbaum
suggests that Commissioners familiarize themselves with the pond and take a site walk on their
own. He would like to know details about eutrophication and nutrient loading. Perls replies that
based on the Solitude Lake Management Survey, there was no evidence of high phosphorus, but
that warming water leads to lower oxygen levels. Perls notes that in March, there is not much
vegetation growing, but in the warmer months the issue is more evident. Buchsbaum requests to
receive a copy of the report and also asks Pirrotta about the state guidance on lakes and ponds
treatment and suggests Commissioners review this for best practices. Onorato says that they
follow the recommendations of the Massachusetts General Environmental Impact Report for
lakes and ponds. Perls adds that the abutters are contributing financially along with the applicant
for the project in order to invest in the resource.
The Commission recaps the information requests. There being no further questions or comments,
Squibb moves to continue the hearing to the May 3, 2022 meeting. Seconded by Buchsbaum.
Bertoni takes a roll call vote. Motion passes 5-0.
4. Reconvene Regular Meeting
Squibb moves to reconvene the regular meeting. Seconded by Berton. Bertoni takes a roll call
vote. Motion passes 5-0.
5. Requests for Certificates of Compliance
a. New: 50 Dunham Road,DEP File#5-1201 —Construct facility with associated
utilities, storm-water management, and landscaping —Vitality Senior Living, LLC
c/o Kurt Wickham
Documents Reviewed: Request for Certificate of Compliance from Kurt Wickham, dated March
15, 2022
Pirrotta provides an overview of the request and the project, which was never initiated or
completed, and also notes the Order has since expired. Bertoni states her disapproval of the
property owner removing trees in anticipation of construction, and then the project was
subsequently canceled. Kurt Wickham, a representative for the applicant, states that the applicant
does not plan to develop anything on the site. There being no comments or questions from
Commissioners, Buchsbaum moves to issue a Certificate of Compliance, noting the invalid
Order of Conditions. Seconded by Squibb. Bertoni takes a roll call vote. Motion passes 5-0.
6. Old/New/Other Business
a. Potential Violations,If Any
i. 5 Roosevelt Avenue
Pirrotta reports she received a complaint about tree removal within the 100-Foot Buffer to
wetlands and that she met with the property owner to discuss the issue. There were
approximately 10 trees removed in the yard,without approval. The property owner, Kevin
Farrar, is present at the meeting to answer questions about plans he has for the property. Bertoni
asks who did the tree removal; Pirrotta replies that it was conducted by Iron Tree Service and
that the Commission did not receive a tree removal request. Squibb asks about plans to subdivide
the property. Farrar clarifies the previous owner had submitted a plan to the Zoning Board of
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Appeals, but that the plan was never accepted or finalized and that Farrar does not intend to
subdivide the property. Farrar plans to sell the two-family house after he fixes it up. He states
that he hired Iron Tree Service to remove what he and Iron Tree determined were dead and/or
dying trees and that the trees were leaning toward other properties and were a safety concern.
Buchsbaum suggests Farrar replace the trees with some native plantings. Farrar says that he
would be happy to make a restoration plan for review at the next meeting. Commissioners agree
on this approach. Squibb moves to continue the discussion to the May 3, 2022 meeting.
Seconded by Bertoni. Bertoni takes a roll call vote. Motion passes 5-0.
ii. 23R Balch Street
Pirrotta reports she received another complaint about unpermitted tree cutting on the property,
within the I00-Foot Buffer to bank and/or other wetland resources. The work was done by Iron
Tree Service and Pirrotta states she spoke with Iron Tree and met with the owners who reported
that the removed trees were either dead or a hazard. Property owners Christa and Tedd Terry are
present at the meeting and explain the work. In response to Bertoni's questions, Ms. Terry
explains that she doesn't have a plan for planting in that area, but will follow the
recommendations of the Commission for creating a restoration plan. Terry would also like to cut
the invasive bittersweet vines threatening other trees on site. Squibb asks about the drain pipes
shown on the previous plan for the property and in photos from Pirrotta,which appear to drain
toward the resource area. Terry responds that they are new owners of the house and that the
seller did not have much information on these. Pirrotta shares the approved plan from the
construction of the house, and it appears those drainage pipes created a wetland area from the
flow. Jones and Squibb suggest that the Commission send a letter to Iron Tree informing them of
their error in removing trees within jurisdictional areas without permission. Bertoni suggests
some mitigation and restoration strategies and members discuss the content of a restoration plan
for the homeowners. Commissioners recommend removing the cut debris, controlling the
invasive bittersweet by hand cutting, and adding native shrubs such as blueberry bushes. The
Terry's will submit this restoration plan to Pirrotta for review.
b. Tree Removals,If Any
i. 547 Essex Street
Pirrotta describes the hazard tree removal request for one hazardous Norway maple tree next to
the shed. The tree is located within 200-Foot Riverfront Area and 100-Foot Buffer to wetlands.
Pirrotta reports findings of her site visit and provides pictures of the tree to be removed.
Buchsbaum moves to approve the request with the standard tree removal conditions. Seconded
by Bertoni. Bertoni takes a roll call vote. Motion passes 5-0.
ii. 24 Wedgemere Road
Pirrotta provides details on the proposed tree removal request including four hazardous maple
trees within the Commission's jurisdiction. Pirrotta reports findings of her site visit and provides
pictures of the trees to be removed. Members discuss replanting to replace some of the habitat
that would be removed from the four trees. Buchsbaum moves to approve the request with the
standard tree removal conditions and that the owner plant a native tree and shrub of choice.
Seconded by Squibb. Berton takes a roll call vote. Motion passes 5-0.
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c. Correspondence: National Grid/Boston Gas -Proposed gas main relay project at
School Street, Porter Street, Linden Avenue, Agate Street, Jasper Street, and Cliff Street
Pirrotta summarizes the letter regarding planned utility maintenance activities. Bertoni asks
about how National Grid plans to meet performance standards. Pirrotta reads the standard
specifications and best management practices that National Grid provided for these types of
proj ects.
d. Other: Discussion or Action Items Related to Commission Business,
Correspondence, etc. Received/Issued After Publication of Agenda,If Any
i. 6 Morningside Drive
Pirrotta informs the Commissioners that she heard from the engineer who was hired to prepare
the NOI that the applicants were not able to file an NOI in time for this meeting.
ii. 675 Hale Street
Pirrotta informs the Commissioners that Mass DEP appealed the Order of Conditions recently
issued by the Commission. DEP will be working with the applicants on plan revisions and
Pirrotta will attend the site visit.
e. Expenditure Approvals,If Any
Pirrotta informs the Commission she accumulated 124.8 miles for the months of January,
February, and March 2022, while carrying out Conservation Commission business. Buchsbaum
moves to approve the expenditure for mileage reimbursement in the amount of$56.16. Seconded
by Bertoni. Bertoni takes a roll call vote. Motion passes 5-0.
7. Orders of Conditions
i. 4 Bridle Path Lane,DEP File #5-1362
The Commission recaps the proposal and discusses the issuance of an Order of Conditions for
the project. Buchsbaum 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 Squibb. Bertoni takes
a roll call vote. Motion passes 5-0.
8. Approval of Minutes (as available)
a. March 1,2022
Commissioners review the minutes and offer comments and/or corrections. Jones moves to
approve the minutes from the meeting on March 1, 2022, as amended. Squibb seconds. Bertoni
takes a roll call vote. Motion passes 5-0.
9. Adiournment
Redmond moves to adjourn the meeting at 9:49 p.m. Seconded by Jones. Bertoni takes a roll call
vote. The motion carries 5-0.
The next regular meeting of the Conservation Commission is scheduled for Tuesday,May 3,
2022.