2006-02-28
CITY OF BEVERLY
PUBLIC MEETING MINUTES
Date:
February 28, 2006
Board:
Conservation Commission
Members Present
Tony Paluzzi (Vice-Chair), Ian Hayes, Mayo Johnson,
Gregg Cademartori, and Bill Squibb
Members Absent:
David Lang
Others Present:
Amy Maxner – Environmental Planner
Recorder:
Eileen Sacco
Vice Chair Paluzzi calls the meeting to order at 7:00 p.m. at G.A.R. Hall
Discussion with Mayor William Scanlon – Former Vitale Site
Maxner suggested that the Commission visit the Pole Swamp property on March 25,
2006.
Johnson moves to schedule a site visit to the Pole Swamp property on Saturday, March
25, 2006 time to be determined. Seconded by Hayes. The motion carries 5-0.
Hayes addresses the Commission and distributes information that he researched regarding
the process the Commission should establish on how to handle this. He states that a set
of steps is necessary for the process of disposition and swapping land.
Hayes notes that the first step would be for the Commission as a group to develop a set of
standards to follow. These would include coming up with a consensus of the
conservation values of the land and suggested looking at comparable conservation land to
determine characteristics from there. A policy should be established and followed for the
turning over of land.
Hayes notes that the Commission is not going to get a 1-1 swap on this transaction, as the
Vitale Site is located within the watershed and the other parcels are not. He suggests the
Commission should look at this in terms of what restrictions or protections should be
placed on the Vitale Site to protect the water supply, and then evaluate the other parcels
based on conservation values. Hayes also states that any approval should be unanimous
by the Commission. He states these points can be further discussed in the near future but
wanted to provide the Commission with this outline.
Beverly Conservation Commission
February 28, 2006 Meeting Minutes
Page 2 of 11
There being no further questions or comments regarding this matter Johnson moves to
continue the matter to the March 28, 2006 meeting. Seconded by Hayes. The motion
carries 5-0.
Recess for Public Hearings
Johnson moves to recess for public hearings. Seconded by Hayes. Motion carries 5-0.
Cont: 10-12 Congress Street – Abbreviated Notice of Wetlands Delineation –
Beverly Office Development LLC
Kenneth Knowles noted that a site walk was held this past Saturday, and would welcome
any questions or comments from the Commission.
Cademartori notes the mean high water on the plan was not adjusted and inquires about
the delineation for a section of the coastal bank. Knowles notes that he did receive
comments from Maxner in that regard and states the elevation was adjusted on the plan.
Knowles explains that in the coastal bank there is a break in the slope along the retaining
wall, which has crumbled and therefore dictated the location of the top of bank. He also
notes that revised coastal bank delineations have been prepared on a revised plan.
Paluzzi opens the hearing up for public comment at this time.
Priscilla Gagne of 36 Cliff Street asks if they are going to rebuild the seawall back to the
way it was. Knowles notes that it will be part of a larger project when they develop the
property.
Maxner asks if the Commission is comfortable with the plan and revisions presented at
tonight’s meeting. Members agree there is no need for an additional continuance and are
satisfied with the plan as revised.
There being no further questions or comments regarding this matter Johnson moves to
close the hearing. Seconded by Hayes. Motion carries 5-0.
Notice of Intent
Cont: Public Hearing – 89 Boyles Street – DEP File #5-902 – Expand Electrical
Substation – New England Power Company
Paul Richards addresses the Commission and notes that a site visit was held this past
Saturday and there are no changes to the plan, as the Commission made no additional
requests for information that would require a change to the plan.
Beverly Conservation Commission
February 28, 2006 Meeting Minutes
Page 3 of 11
Maxner states that plowing was raised as an issue and noted that snow storage cannot be
in the resource area. Richards states that they could place signage in that area to let
contractors know not to stockpile snow in that area.
Squibb questioned the removal of some large bull pine trees on the site. Richards states
that they have to come down to prevent squirrels from getting into the substation. He
notes that they would be willing to plant low growing shrubs or bushes further away from
the fencing if the Commission would like.
Cademartori suggests that the Commission stipulate that the plantings be of alder or other
hearty bush.
There being no further questions or comments regarding this matter Johnson moves to
close the public hearing. Seconded by Squibb. The motion carries 5-0.
Cont: - 14 Arbella Drive – Construct Addition – DEP File #5-904 - Cathy Harrison
Mr. Harrison addressed the Commission and explained that a site visit was held this past
Saturday, noting that he was unable to attend but his wife, Cathy Harrison attended.
Paluzzi notes that the corner of the garage is very close to the no disturb zone and
suggested that Mr. Harrison pull the garage forward. Harrison states that he could
eliminate a couple of the footings and bring it a couple of feet forward.
Harrison notes that he is doing the work himself from the street side of the property and
would not disturb the wetlands from access issues.
Maxner notes that the corner of the garage is within the flood plain and as indicated by
the DEP they need to provide compensatory food storage. A brief discussion ensues as to
the accuracy of the FEMA flood elevation.
Hayes questions how far forward they could pull the garage forward. Harrison states that
he would be agreeable to pull it a couple feet forward, but that the Engineer in the
planning process has already relocated it.
Paluzzi notes that they propose to install a filter sock and notes that the Commission
would prefer hay bales and a silt fence. Harrison states that is no problem and he will do
that.
Paluzzi asks what the width of the garage is. Harrison states that it is 32 feet.
Johnson notes that the garage should be built outside of the flood plain and agrees that it
should be moved at least five feet forward.
.
Beverly Conservation Commission
February 28, 2006 Meeting Minutes
Page 4 of 11
Squibb notes that there is a tree on the corner and asks if there are any plans to remove it.
Harrison states that it should be fine and he has no plans to remove it.
Paluzzi opens the hearing up for public comment at this time. There is no one present
who wishes to comment on this matter.
There being no further questions or comments regarding this matter Johnson moves to
close the public hearing. Seconded by Hayes. The motion carries 5-0.
Cont: off LP Henderson Road and Cabot Street – DEP File # 5-897 – Request to
Leave Constructed Culvert Crossing – Cailin, LLC – c/o Stanley Bialek
Scott Patrowicz addresses the Commission and explains that the hearing has been
continued since December and the Commission conducted a site inspection in early
January. He states that they have held discussions with NEPCO on the maintenance of
the access roadway that has been used to haul material for the work done on the Vitale
site.
Curt Young, Wetlands Preservation, explains that they are proposing a replication area
adjacent to the Vitale site, which is different from the original location proposed. He
notes that they wished to avoid interaction with the restoration on the Vitale site under
the restoration project. He notes that they found a location that is upstream of the culvert.
Young also states that they will cut a stream channel 120 feet in length into the
replication area in order to mitigate the loss of bank from the culvert construction. He
notes that the planting plan has been submitted and that the access road is on the plan.
Paluzzi asks if the crossing’s slopes will he filled and seeded. Young states that they will
seed the upland areas with restoration and propose a mix of 8-10 species which is a
combination of grasses and herbaceous.
Johnson suggests a site visit. Paluzzi agrees. The Commission will schedule a site visit
for March 25, 2006 to meet on Cailin Road.
Cademartori requests that a much more detailed construction plan for the wetlands
replication area be submitted, as he doubts a contractor could read what was submitted.
Young agrees to prepare that.
Squibb asks if a cross section of the culvert be submitted. Patrowicz referred to sheets
D8 and D2 of the submittal and notes that it shows elaborate detail of that but is willing
to prepare plans to the Commission’s satisfaction.
Maxner requests a cross section of the proposed replication area. Young states that will
be possible.
Beverly Conservation Commission
February 28, 2006 Meeting Minutes
Page 5 of 11
Cademartori questions whether an ANRAD has been done on the parcel located to the
north of the Vitale Site. Patrowicz notes that a wetland delineation has been done and
reviewed for the installation of Cailin Road only.
Paluzzi opens the hearing up for public comment at this time. There is no one present
who wishes to comment on this matter.
There being no further questions or comments regarding this matter Johnson moves to
continue the hearing to the March 28, 2006 meeting pending a site inspection scheduled
for Saturday, March 25, 2006. Seconded by Hayes. The motion carries 5-0.
New: 44 Prince Street – Construct Season Floating Dock – David Carnevale
Maxner reads the legal notice.
Bob Griffin, Griffin Engineering, addresses the Commission and explains that the
property is located at the end of Prince Street. He notes that there was some type of
structure there previously and the new owner is proposing to construct a floating dock for
his recreational use. He explains that they are proposing a 10-foot wide by 40-foot long
with a 10’ x 20’ gangway and explain installation methods. Griffin noted that they will
attach the gangway to existing rock ledge and it will lead to the dock, which will be
attached by chains and anchored by concrete blocks resting on the ocean floor. He notes
that MHW is noted on the plan. He states this project is just under the threashold for
non-reporting to the Army Corps of Engineers, and is not a Category 2 or 3.
Griffin explains the following resource areas on site consist of: Land Under the Ocean,
Coastal Bank, Rocky Intertidal Shore, Land Containing Shellfish, Land Subject to
Coastal Storm Flowage.
Paluzzi asks if they need any additional permitting for this project. Griffin states yes,
they will need Chapter 91 and a permit from the Harbormaster.
Cademartori asks what source did they use for the MHW. Griffin states he is unsure but
has used the same data that he has been using which came from a senior engineer that he
worked with. Cademartori states the data seems to be closely aligned with NOAA’s data.
Hayes asks if the dock will be removed seasonally. Griffin explains that they will store it
in a boat yard in the winter months. He notes that the gangway will be removed as well
but the blocks will remain.
Paluzzi asks how shallow the water will be at low tide beneath the dock. Griffin states it
will be between 2 and 6 feet of water, but no less than 2 feet. He explains they performed
two bathymetric surveys of this area and is confident that the project meets all of the
performance standards.
Beverly Conservation Commission
February 28, 2006 Meeting Minutes
Page 6 of 11
Paluzzi suggests a site visit. Johnson agrees noting that he would like to see the area.
Cademartori states this is a very simple and straightforward project and is not sure a
group site inspection is necessary.
Griffin notes that the plan is straight forward and informs the Commission that they will
have another opportunity to visit the site in a couple of months when they file a plan for
renovations of the house.
Paluzzi questions if this is in a velocity zone. Griffin states that it is at elevation 14 and
explains that they are going to try this for a couple of years and if necessary put in a pier
after that.
Paluzzi opens the hearing up for public comment at this time. There is no one present
who wishes to comment on this matter.
There being no further questions or comments regarding this matter Johnson moves to
close the public hearing. Seconded by Hayes. The motion carries 5-0.
New: 412 Hale Street – Landmark School – construct Athletic Complex with
Parking and Athletic Field
Maxner reads legal notice.
James DeVellis of Gellar DeVellis addresses the Commission and explains the plans for
the new athletic field and gymnasium at Landmark School. He states that they have filed
a full Notice of Intent and drainage report. DeVellis reviews the plans and notes the
existing conditions of the site. DeVellis also notes that the proposed gymnasium is
outside of the jurisdiction of the Commission and the primary focus of this filing is the
athletic field.
DeVellis reviews the plans for the proposed soccer field and parking area, as well as the
drainage and grading plans, noting that the building and the parking area will have
underground filtration. DeVellis notes that the drainage has been sheet flowing into the
pond for years and they are installing a new system that meets DEP requirements. He
also notes that DEP has made comments regarding the system.
Paluzzi asks if the pond has an outlet. DeVellis states yes and explains the location on
the plan. He notes that it is a natural and man-made pond noting that the natural area has
water all year long.
Catherine Martin addressed the Commission and explained the landscaping plans for the
site. She states that they are proposing a natural woodland concept and propose to plant
deciduous and evergreen trees. She also explains that the field will be screened and they
propose to replicate the woodland area noting that the zoning requires screening along the
edge of the parking lot.
Beverly Conservation Commission
February 28, 2006 Meeting Minutes
Page 7 of 11
Paluzzi suggests that the Commission visit the site. The Commission will visit the site on
Saturday, March 25, 2006.
Hayes asks if there will fencing along the pond at the field edge. DeVellis states there
will be a roped fence to stop balls from rolling into the pond.
Paluzzi opens the hearing up for public comment at this time.
Rene Mary 274 Hale Street addresses the Commission and notes that she feels that the
area is an emergent marsh.
Cademartori states that the Natural Heritage & Endangered Species Program has
identified this as a potential vernal pool.
Jonathan Loring of 502 Hale Street addresses the Commission and notes that he is an
abutter. He expresses his concern about the wetlands and wildlife noting that there are
ducks and geese and other birds out there. He also requests that consideration is given to
the maintenance of the field that they don’t affect the wetland as the topography is
extremely varied in that area. He also states that he is concerned that the change will
affect the lighting of the area.
DeVellis explains the finish grades of the soccer field and notes that the field will be
higher than the pond but sloping towards the pond with a catch basin system to catch
runoff along the perimeter.
Rene Mary notes that there is ledge up there and asks if there will be any blasting for the
project. DeVellis states that there will be blasting and they are proposing to process it on
site and put it back so they won’t be taking it off site.
There being no further questions or comments regarding this matter Johnson moves to
continue the hearing to the March 28, 2006 meeting pending a site inspection scheduled
for Saturday, March 25,2006. Seconded by Squibb. The motion carries 5-0.
New: 9 Parkview Avenue – Replace Pilings Beneath Residence – Harry Prussman
Maxner reads legal notice.
Kris an Naerssen addresses the Commission and explains the proposed pile replacement
at 9 Park Avenue located on the Danvers River near the Kernwood Bridge in the vicinity
of Ober Park. Van Naerssen explains that the house is 100 years old and they are
proposing to replace the structural support piles beneath the house. He notes that they are
proposing to replace the 6 northern most piles.
Beverly Conservation Commission
February 28, 2006 Meeting Minutes
Page 8 of 11
Van Naerssen explains that plan S1 shows the existing conditions at the site. He explains
the process for replacing the piles and notes that temporary support structures will be
installed to support the structure during the replacement. Smith and Marine will do the
work and the wooden support piles will be removed and replaced with 12” bell shaped
concrete pile bases, which will be poured on site.
Paluzzi asks if the piles will be in the ground. Van Naerssen states that they will be four
feet below grade with a compact sub-grade below that.
Paluzzi asks how they will dig the holes. Van Naerssen states that they will most likely
dig the holes by hand and work with the tide.
Paluzzi asks if they will be removing the excavated material from the site. Van Naerssen
states that they will be using the material as backfill.
Van Naerssen states that the piles will be very close in position to the existing pilings but
will be a little more evenly spaced.
Squibb asks if they are doing anything to the actual structure of the house. Van Naerssen
states no and explains that they will be bringing the floor back to code and notes that they
have met with the Building Inspector.
Paluzzi asks if they are replacing any cross ties under the house. Van Naerssen states that
they are not going to touch anything that is not assigned for them in this project.
Paluzzi also notes that any fueling of equipment must be done offsite. Paluzzi also
inquires how long they expect the work to take. Van Naerssen states that it should take
three weeks noting that they expect to work six hours per day around the tide. He
estimated that the work would be done in April or May.
Paluzzi opens the hearing up for public comment at this time. There is no one present
who wishes to comment on the matter.
Paluzzi suggests a site visit. The Commission will visit the site on Saturday, March 25,
2006.
There being no further questions or comments regarding this matter Johnson moves to
continue the hearing to the March 28, 2006 meeting, pending a site inspection scheduled
for Saturday, March 25,2006. Seconded by Squibb. The motion carries 5-0.
OLD/NEW BUSINESS
New: 8 Thomas Road – Discussion with Joe Coughlin – Re: Shed
Beverly Conservation Commission
February 28, 2006 Meeting Minutes
Page 9 of 11
Mr. Coughlin addresses the Commission and explains that he purchased the house about
a year ago. He notes that he wishes to install a standard shed in the yard that is 8x10 on
concrete blocks and he would like to install a set of stairs to go from the garage leading to
the back yard.
Paluzzi asks if there will be a landing on the stairs. Coughlin states that there will be a
small landing.
Maxner explains that the requirements for an RDA call for a legal ad and a public
meeting and that this presentation is an informal discussion in order for Mr. Coughlin to
get feedback from the Commission. Paluzzi notes that he does not foresee any problem
with approving the shed but it should be properly advertised and placed on the next
agenda on March 28, 2006. Members agree.
Orders of Conditions
10-12 Congress Street – Abbreviated Notice of Wetlands Delineation – Beverly
Office Development LLC
Johnson moves to approve the Abbreviated Notice of Wetlands Delineation as submitted.
Hayes seconds the motion. The motion carries 5-0.
89 Boyles Street – DEP File #5-902 – Expand Electrical Substation – New England
Power Company
The Commission discusses applying Standard Conditions and Special Conditions as
follows:
1. Provision for plowing and replanting plan.
2. A native planting plan shall be implemented within the area just beyond the limit
of the new fencing. (Members agree to allow Maxner to develop a suggested
planting plan with plant species with at least 20 plants to be planted).
Johnson moves to approve the Order of Conditions as discussed. Hayes seconds motion.
The motion carries (4-0-1) with Cademartori abstaining.
14 Arbella Drive – Construct Addition – DEP File #5-904 - Cathy Harrison
The Commission members discuss applying Standard Conditions and Special Conditions
for the project as follows:
1.
Erosion control for the project shall consist of hay bales and silt fencing both to
be entrenched 4 inches below grade.
2. The proposed garage shall be shifted 5 feet toward the street and a revised plan
shall be submitted to the Commission prior to any work commencing.
Beverly Conservation Commission
February 28, 2006 Meeting Minutes
Page 10 of 11
3. The proposed deck off the rear of the garage shall be cantilevered.
4. Any excess excavate not re-used on site shall be removed from the site as soon as
possible.
Johnson moves to approve the Order of Conditions with Standard and Special conditions
as discussed. Hayes seconds the motion. The motion carries 5-0.
44 Prince Street – Construct Season Floating Dock – David Carnevale
Paluzzi suggests Standard Conditions, and the Commission members discuss Special
Conditions as follows:
1. Storage of the float and gangway in the off season shall be offsite.
Johnson moves to approve the Order of Conditions with Standard and Special Conditions
as discussed. Hayes seconds the motion. The motion carries 5-0.
New: Request for Determination of Applicability – 12 Bridge Street – Construct
Two Story Addition – Martin Osterode
The applicant failed to show for the meeting. Maxner suggests that the Commission
continue this application to the next meeting on March 28, 2006.
Cademartori states the application is lacking a Riverfront alternatives analysis and states
that the applicant should prepare it for the next meeting, as it is required by the
Regulations. Maxner agrees to inform the applicant of this requirement.
Johnson moves to continue this item to the March 28, 2006 meeting. Hayes seconds the
motion. The motion carries 5-0.
Old/New Business
Cont: 18&20 Longmeadow Road – Enforcement Update
Maxner states she has not heard anything from Mr. Barcelar as to his progress in
obtaining written estimates for delineating the wetlands on his two properties but will
follow up with him and report her findings at the next meeting.
Approval of Minutes
Johnson moves to approve the January 10, 2006 meeting minutes. Squibb seconds the
motion. Cademartori and Hayes abstain. The motion carries 3-0-2 (two abstensions).
Beverly Conservation Commission
February 28, 2006 Meeting Minutes
Page 11 of 11
Johnson moves to approve the January 31, 2006 meeting minutes as amended. Squibb
seconds the motion. The motion carries 5-0.
62 South Terrace, Mike Berta
Maxner explains that Mike Berta of 62 South Terrace requested to put a fence along his
property line within the existing paved driveway. Members agree that this was a
insignificant change to the plan and needed no further review by the Commission.
Maxner states she will write a letter to Mr. Burta indicating he had approval to install the
fence.
5 Boyden Avenue
Maxner explains that the Commission approved an RDA for the installation of a pool and
to square off the backyard and now the applicant wants to clear the area once again.
Maxner notes that she visited the site and she has concerns about the reliability of the
wetland delineation that was done in 1989 or 1990. She notes that she feels that the
wetland is closer than the delineation represents. She inquires whether the Commission
would be willing to schedule a site inspection to observe the area in question.
A brief discussion ensues regarding the project, and members agree that the applicant
needs to have the wetlands delineated before the Commission would visit the site.
Paluzzi states the Regulations established by the Commission may impact the
homeowners plan.
Maxner states she will write to the applicant and advise her to secure the services of a
wetland consultant as the Commission suggested.
Site Visits
th
Maxner states she will schedule the site visits for Saturday March 25 and inform the
members of the Commission of times and meeting places.
Meeting Schedule
Maxner reviewed the meeting schedule for the Conservation Commission and noted that
the next meeting of the Commission will be held at GAR Hall.
Adjournment
There being no further business to come before the Beverly Conservation Commission
this evening Johnson moves to adjourn the meeting. Hayes seconds the motion. The
motion carries 5-0. The meeting is adjourned at 10:00 p.m.