2006-01-10
City of Beverly, Massachusetts
Public Meeting Minutes
Board:
Conservation Commission
Subcommittee:
Date:
January 10, 2006
Place:
Beverly City Hall, 191 Cabot Street
Board members present:
David Lang (Chairman), Tony Paluzzi (Vice-Chair)
Mayo Johnson, William Squibb (arrives 7:20 p.m.)
Board members absent:
Gregg Cademartori, Ian Hayes
Others present:
Amy Maxner, Environmental Planner
Recorder:
Amy Maxner
Lang calls the meeting to order at 7:20 p.m.
Former Vitale Site – Discussion with Mayor Scanlon
Lang states as two members were not able to attend tonight’s meeting, this discussion
with the Mayor has been postponed to the January 31, 2006 meeting.
Certificate of Compliance
New: Sam Fonzo Drive – DEP File #5-685 – Liberty Publishing Inc.
Peter Ogren, Hayes Engineering, representative for the applicant, states is here to request
a Certificate of Compliance for the original Order of Conditions, issued in February 2000
for the construction of a 14,750 square foot manufacturing building, parking and
associated appurtenances.
Maxner states she conducted a site inspection last week with Chris Sparages. She states
the stakes from the hay bales and some of the silt fence still remains in the field, which
served as the limit of work. She explains that Sparages reestablished the wetland flags
closest to the work for observation in the field per her request. She states there was no
evidence that any of the work went beyond the erosion control line, and all areas looked
stable with well-established vegetation and the as-built condition are in substantial
compliance with the approved plan. She explains that there are no outstanding issues
other than the remnants of the erosion control and the DEP File sign that should be
removed.
Beverly Conservation Commission
January 10, 2006 Meeting Minutes
Page 2 of 7
Paluzzi motions to issue a Certificate of Compliance and to require that the hay bale
stakes and silt fence and sign be removed. Seconded by Johnson. All in favor. Motions
carries. 4-0.
Recess for Public Hearings
Paluzzi moves to recess for public hearings. Seconded by Johnson. All members in
favor. Motion carries 4-0.
Cont: 395 Hale Street – Endicott College
Joe Orzel, Gulf of Maine, states this project involves construction of an addition, outdoor
tent foundation and other site work within Buffer Zone to Coastal Bank and Land Subject
to Coastal Storm Flowage. He introduces Bernard Paquin, P.E. of Dana F. Perkins, Inc.,
Bill Vitkosky and Dennis Monaco of Endicott College, all of who accompanied
th
Commission on a site inspection on Saturday, January 7. He explains as a result of this
visit, the Commission requested additional information regarding the vegetated ledge
outcropping with which trees will be taken and what activities are proposed; the
Commission also requested a revised plan for the concrete slab location as it would have
disturbed an area of trees and well established vegetated in the original proposed location
which strived to avoid the 25-Foot No Disturbance Zone to the Coastal Bank out
cropping found within the middle of the site. He goes on to review in detail other minor
changes made to the plan.
Discussion ensues regarding the nature path and removal of trees and replanting of native
shrubs. Orzel provides a diagram of the area in question, which depicts the trees to be
taken. Orzel explains the gravel drive has been shifted north in order to avoid impacting
the mature Ginkgo tree, and the number of parking spaces have been reduced from 58 to
51 to save additional trees at the entrance of the property.
Squibb asks if the applicant has responded to the DEP’s comment letter. Orzel states he
was not aware of the DEP’s letter. Discussion ensues regarding the DEP’s comments and
it is agreed that they should be formally addressed prior to closing the public hearing.
Lang asks if there are any further questions from the Commission or the public. There
are none.
Johnson moves to continue the hearing to the January 31, 2006 meeting to provide the
applicant time to respond to DEP’s comments. Seconded by Paluzzi. All in favor.
Motions carries 4-0.
Beverly Conservation Commission
January 10, 2006 Meeting Minutes
Page 3 of 7
Cont. off LP Henderson Road and Cabot St. – Cailin LLC c/o Stanley Bialek
Maxner states the Commission has received a letter from the applicant’s attorney granting
a continuance to the January 31, 2006 meeting, as two of the members would not be in
attendance at tonight’s meeting.
st
Paluzzi moves to continue the hearing to the January 31 meeting. Seconded by Squibb.
All members are in favor. Motion carries 4-0.
Cont: 159 West Street, DEP File #5-899 – Helen Grela
Mary Rimmer, Rimmer Environmental representing the applicant, states the Commission
will recall the applicant is proposing to perform landscaping improvements, constructing
a free standing deck, terrace and carving stairs into the existing ledge of the Coastal Bank
to access the beach, as well as landscaping improvements within Buffer Zone to BVW.
She explains some of the work is within the 25’ No Disturbance Zone (25’ NDZ). Lolly
Gibson, the applicant’s landscape consultant, states she accompanied the Commission on
th
a site inspection January 7 and provides a revised report detailing the methods for
carving the stairs into the ledge.
Johnson asks a clarifying question regarding the “feather and wedge” method for carving
stone. Gibson states it is very much like sculpture work where very tiny holes are drilled
into the stone, which is feathering, and then these areas are gently tamped, or wedged, to
loosen and further shape the rock. She explains this is all done by hand and the applicant
already has secured the services of a contractor who has much experience doing this
work.
Discussion ensues regarding the stone terrace and the condition of existing vegetation on
the Coastal Bank. Lang asks how the presence of the stone terrace impacts the function
of the Coastal Bank. Rimmer states the Coastal Bank serves to provide storm damage
prevention and flood control, neither of which will be impacted by the stone terrace.
Paluzzi asks if the grass and vegetation under the wooden deck platform will eventually
die off. Gibson states yes. Johnson states he thinks the Commission needs to be
consistent in its application of the 25’ NDZ standard and is not of the opinion that the
wooden platform meets approval standards.
Lang asks if the applicant would be willing to eliminate the wood platform. Gibson
states that would be no problem.
Lang asks if there are any further questions from the Commission or the public. There
are none.
Johnson moves to close the hearing. Seconded by Paluzzi. All in favor. Motion carries
4-0.
Beverly Conservation Commission
January 10, 2006 Meeting Minutes
Page 4 of 7
New: 47 Grover Street – John Hyland
Maxner reads the legal notice.
Peter Ogren, Hayes Engineering representing the applicant, states the proposal is to
construct a single-family house within Buffer Zone to Bordering Vegetated Wetland of
an intermittent stream and a small pond. He explains this lot was recently subject to an
ANR with the Planning Board. He goes on to review the plan in more detail and explains
the project respects the 25-Foot No Disturbance Zone.
Paluzzi asks the area of the 25-Foot No Disturb Zone. Ogren states it is approximately
25’ x 50’, for an area of about 1,250 square feet.
Discussion ensues regarding roof and driveway runoff and the possibility of including a
stone drainage trench along the southern edge of the driveway.
Lang asks if there are any questions from the public. There are none.
Members agree that a group site visit would be advantageous.
Paluzzi moves to continue the hearing to the January 31, 2006 meeting, pending a site
inspection scheduled for Saturday, January 28, 2006 at 8:00 a.m. Seconded by Squibb.
All members are in favor. Motion carries 4-0.
Old/New Business
New: 18 & 20 Longmeadow Road – Enforcement Order Action Update
Maxner states the Commission will recall conducting a site inspection on Saturday,
th
January 7 at which the owner, Sebastian Barcelar, explained he was unsure what the
Enforcement Order required him to do. Maxner states she and the Commission explained
to Barcelar that he was ordered to cease and desist from any further work on both
properties and to secure the services of a professional wetland scientist to flag the
wetland.
Maxner goes on to explain the Commission will allow Barcelar some time to contact and
hire a wetland scientist and she will follow up with him at the end of the week or the
beginning of next week and will continue this item to next meeting’s agenda.
7 Margaret Avenue, Dennis Britton – DEP File #5-861
Lang recuses himself from this portion of the meeting and leaves the room.
Beverly Conservation Commission
January 10, 2006 Meeting Minutes
Page 5 of 7
John Dick, Hancock Associates, representing the applicant, states Maxner discovered a
discrepancy between the approved plan and the seawall as currently built on a site
inspection. He states Maxner issued an Enforcement Order, at which time all work on
the pier ceased and he, the applicant and the applicant’s pier contractor are now here
before the Commission to further discuss the situation.
Dick goes on to explain the plan called for the top of the seawall to be at elevation 10, but
his applicant misinterpreted this number to mean the wall to be 10 feet in height. He
states he, as the consultant is to blame for this mistake, as he did not effectively
communicate with his client. He states his intent was to stay away from a very large
seawall as he did not wish to engage a structural engineer, but Mr. Britton has had the
wall permitted by the Building Inspector. He explains his client’s intent was to protect
his house and footings of his deck from the eroding bank and the height of the wall
reflects that intent.
Maxner provides photographs of the seawall as well as conditions of the banking prior to
any construction for members to review. She states the Commission should probably
conduct a site inspection. Johnson agrees and states the Commission could not take any
formal action, as there is no quorum for this item.
Discussion ensues regarding neighboring seawall elevations, the approved plan and the
progress of the pier. Members agree to schedule a site inspection for Saturday, January
th
28 at 9:15 a.m. Members agree to only allow the remaining piles to be driven as they
st
will not impact the seawall in any way and continue this discussion to the January 31
meeting.
Lang returns to the meeting.
147-183 West Street, DEP File #5-880
John Dick, Hancock Associates, addresses the Commission regarding potential
amendments to this project. He explains the project involves connecting to the municipal
sewer system and he states there are several changes that his clients have asked him to
inquire about:
1. Two or three of the residents wish to avoid disturbing their driveways
and would like to run their sewer lines under the Bordering Vegetated
Wetlands located at the mouth of the driveways and along West Street;
2. The potential contractor thinks the proposed dewatering basins to be
too small and spaced too far apart to be effective, and would like to be
able to use hay bale detention basins at greater frequency along the
road;
3. The applicants wish to perform water service upgrades as part of this
project;
Beverly Conservation Commission
January 10, 2006 Meeting Minutes
Page 6 of 7
4. The elevation of the road is a problem during extreme storm events
and can be impassable at times and the residents would like to raise the
elevation of the road.
The Commission encourages Dick to submit a request for and Amended Order of
Conditions for these changes, but indicates it would not be in favor of allowing the sewer
connections to impact the wetland resource areas and strongly discourages him from
including this in the amendment.
Orders of Conditions
159 West Street, DEP File #5-899 – Helen Grela
Paluzzi moves to issue Standard Conditions and the following Special Conditions:
1. The proposed wooden deck platform within the 25-Foot No Disturbance Zone
shall be eliminated from the plan as agreed by the applicant’s representatives.
2. Prior to any other work on the property that is proposed in the subject Notice
of Intent, the clean up and restoration activities proposed within the Buffer Zone
to the Bordering Vegetated Wetland shall be completed.
3. The large dead fallen tree located within the Buffer Zone to the Bordering
Vegetated Wetland shall remain in place.
4. A native ground creeping shrub shall be planted at the base of the oak tree located
just east of the proposed dry laid stone terrace.
Seconded by Squibb. All members are in favor. Motion carries 4-0.
Approval of Minutes
Paluzzi moves to approve the minutes from the September 13, 2005 meeting. Seconded
by Johnson. All members are in favor. Motion carries 4-0.
The vote for approval of minutes of October 4, 2005 meeting, was tabled to the January
31, 2006 meeting.
Paluzzi moves to approve the minutes from the November 22, 2005 meeting. Seconded
by Johnson. All members are in favor. Motion carries 4-0.
Beverly Conservation Commission
January 10, 2006 Meeting Minutes
Page 7 of 7
Approval of Expenditures
Maxner requests reimbursement for mileage for the following months of October,
November, and December for a total of 186 miles at $.20 per mile which equals $37.20.
Paluzzi moves to approve the expenditure and reimburse Maxner $37.20 for mileage.
Seconded by Johnson. All members are in favor. Motion carries 4-0.
Maxner informs the Commission of the latest invoice received from George Hall of
Anderson & Kreiger, LLP, the Commission’s independent counsel for the Boyles
Street/Manor Homes at Whitehall appeal, in the amount of $447.75 for services provided.
Adjournment
Paluzzi moves to adjourn. Seconded by Johnson. All members are in favor. Motion
carries 4-0.
Meeting is adjourned at 9:15 p.m.