2006-05-02
CITY OF BEVERLY
PUBLIC MEETING MINUTES
Date:
May 2, 2006
Board:
Conservation Commission
Members Present
Chairman David Lang, Tony Paluzzi (Vice-Chair), Dr.
Mayo Johnson, Gregg Cademartori, Ian Hayes and Bill
Squibb
Members Absent:
None
Others Present:
Amy Maxner – Environmental Planner
Recorder:
Eileen Sacco
Chairman Lang called the meeting to order at 7:00 p.m. in the City Council Chambers at
Beverly City Hall.
Discussion with Mayor William Scanlon – Former Vitale Site
Mike Lotti of New England Power Company (NEPCo) addresses the Commission and
explains that Mayor Scanlon asked them to come in to update the Commission on the
site. He notes that they are in the process of wrapping things up on the site and they want
to close things out. Photos of the site were passed around and a plan is displayed
showing the proposed grading and field locations. He explains that all of the work in
Beverly is done with the exception of hydroseeding in Beverly and Wenham, aside from
the required monitoring all actual construction is complete. He notes that the map shows
the grading and the layout of the fields. He further notes that one portion of one field is
not yet seeded.
Lotti explains that the city plans to use the site for playing fields for soccer, lacrosse or
football and use parking on site and a concession stand to support the fields. He also
notes that there is an option for future use of a clean utility corridor.
Lotti explains the history of the site that was taken in 1980 for default on taxes. In 1988
the City deeded the property to the Conservation Commission, which makes the property
Article 97 land. He notes that the current use is passive recreation and there is limited
suitability of the property for “conservation” purposes.
Attorney Mark Kalpin, outside counsel for NEPCo, reviews Article 97, which is an
amendment to the Massachusetts Constitution. He notes that a change in use or the
change of ownership would trigger the Article 97 disposition process, and explains that
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May 2, 2006 Meeting Minutes
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the use of the property for active recreation does not likely constitute a change in use, but
construction and operation of a concession stand likely does constitute a change in use.
Attorney Kalpin reviewed the governing policies of Executive Office of Environmental
Affairs (EOEA) and Massachusetts Association of Conservation Commissions (MACC)
for Article 97 disposition. He explains that in order to dispose of a property of this
nature, a unanimous vote of the Commission is required and then the city council needs
to approve it by a two-thirds as well a two-thirds legislative approval of the Home Rule
Petition. He estimates that this process could take 6-18 months.
Attorney Kalpin reviewed the options available to the Commission for disposition and
protection of the property. He notes that all options can be used to restrict the future
development of all or part of the site. The options are as follows:
??
Activities and Use Limitation (AUL). He notes that it is quick and easy, however
the property owner can change at any time with LSP opinion.
??
Private Grant of Easement (PGE). The easement is assigned to a third party to
protect the restrictions. This would trigger the Article 97 process.
??
Grant of Environmental Restriction (GER). Deed restriction and easement to the
state is the most protective and cannot be modified by the property owner. The
easement would be assigned to the Massachusetts Department of Environmental
Protection to further protect restrictions. It also triggers the Chapter 97 process
and MA DEP must accept the easement.
Attorney Kalpin reviewed the process for each option:
??
Activities and Use Limitation (AUL) is the minimum required for the lead debris
closure on the site, which NEPCo will prepare to be approved by the Commission
regardless. Restrict future uses to be consistent with recreation. If lead debris is
brought to the surface it must be managed properly. (Soil management plan will
be included). The AUL will require the approval of the Conservation
Commission and will allow Response Action Outcome to be filed for the city’s
lead debris issue. He notes that this process is quick and easy but it does not
address future use of clean utility corridor, and use of part of the comfort station
building as a concession stand consistent with the underlying use of the property.
??
Private Grant of Easement (PGE) needs to be prepared and submitted to third
party for approval, has to be recorded and the private party becomes the holder of
the easement and therefore the steward of restrictions, which cannot be changed
without the permission of the private party. Article 97 approval is required.
Authorize the use of the property for playing fields and a concession stand.
Allows for use of PGE to third party or GER to MA DEP to protect remedies and
if desired restrict certain future incompatible uses of the property. It also allows
for potential future assignment of easement for use of clean utility corridor and
secondary access. This could allow Conservation Commission maintain decision
making control and allows for future assignment of easement for use of clean
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utility corridor and secondary access. This process will take 6-18 months and
requires city council and state legislature involvement.
??
Grant of Environmental Restriction (GER) needs to be prepared and submitted to
MA DEP for approval. DEP becomes the holder of the easement and therefore
the steward of restrictions which cannot be changed without the permission of
MA DEP. Exchange with City for other conservation land. Authorize use of
property for playing fields and concession stand. Allows for use of PGE (to Con
Com) or GER ( to MADEP) to protect remedies and (if desired) restrict certain
future “incompatible” uses of the Property. Allows potential future assignment of
easement for use of clean utility corridor and secondary access. This would
increase the amount of conservation restricted land in City, and allows for future
assignment of easement for use of clean utility corridor and secondary access.
This process will take 6 to 18 months and require City Council and State
Legislature approval.
Discussion ensued regarding these options.
Tina Cassidy, Planning Director, addresses Commission and questions if in the private
granting of an easement if the Beverly Conservation Commission could be named as the
third party.
Lang notes that the Commission has the least protection with the AUL. Lotti agrees.
Squibb asks the concession stand could be located across the street from the fields, noting
that even though there would be an affiliation of use it would not trigger Article 97.
Cademartori notes that it is clear that the city intends full use of the property for active
recreation and concession stand as well, which suggests movement towards full
disposition.
Mayor Scanlon addresses the Commission and notes that the city has a lot of
conservation land and not enough for active recreation areas. He states that he feels that
the ball fields are the best use of the site and that the concession stand and the comfort
station make good sense, although concession use at this point is not critical if moving
the approval for ball fields can be expedited.
Cademartori asks if there is timeline for National Grid to construct the concession stand
and comfort station. Lotti states that when they get a commitment from the city that they
would like to move forward so that they can close this out as soon as possible. He also
explains that they will be monitoring the site for two years. He also states that the fields
will be ready for use for the 2007 season.
Lang asks if the Commission has a consensus regarding the concession stand. Paluzzi
states that he would approve of it, noting that it makes sense to have it on site since it
may be a dangerous situation for people crossing Henderson Road to access it.
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Squibb asks if the city owns any property near the site that a concession stand could be
built on. Cademartori states that he thinks that the concession stand and the comfort
station would be better on site, noting that the utilities are onsite. He also notes that the
Commission needs to consider every potential issue that could come up on the site.
Hayes states that he thinks that following Article 97 procedure and conveying the
property to the City is the best way to handle this. He also notes that it would give the
Commission the ability to put an environmental restriction on the site and it would be the
strongest form of protection. He also suggests that he worst thing would be for the
Commission to retain ownership of the site and if the Commission membership changes
commitment to protection may change as well.
Cademartori states the logical next step for the Commission would be for the Article 97
subcommittee to meet and consider these options presented and formulate a
recommendation to the full Commission possibly in time for the next meeting. Members
agree.
Lang states that the would like to review this information further and thanked Mayor
Scanlon, Tina Cassidy and the Representatives of NEPCo for attending the meeting.
Certificate of Compliance
8A Beaver Pond Road – DEP File #5-795 – Michel Reichert
Maxner requests that this matter be tabled until the next meeting of the Commission on
May 23, 2006. She notes that the as built plans need to be submitted. Paluzzi moves to
table the matter. Hayes seconds the motion. The motion carries (6-0)
Request for Determination of Applicability
New: 12 Shannon Lane – Addition of Porch, Deck and Above Ground Pool –
Matthew Fogelgren
Maxner reads legal notice.
Fogelgren addresses the Commission and explains his plans to construct a new porch,
deck and install an above ground pool. He notes that part of the area is in the 25-Foot No
Disturbance Zone. He also notes that he plans to move the shed, cobble stone walk,
plastic fish pond and bench within the same area. He also notes that the plans call for the
installation of a silt fence for erosion control during construction.
Paluzzi asks how close to the wetlands they will be working. Fogelgren states that it is
about 10-11 feet from the edge of the deck for the pool.
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Hayes asks if there is another location for the pool and keep it out of the NDZ. Fogelgren
states that the only other location is the side of the house and the slope is covered with
trees that would shade the pool. He also notes that he has a no cutting of trees agreement
with his neighbor.
Maxner notes that she visited the site but does not have photos available at this time.
Hayes suggests that the Commission schedule a site visit. Lang agrees and suggests that
the matter be continued to May 23, 2006. It was agreed that the site visit would be held
on May 20, 2006 at a time to be determined when Maxner sets the schedule for site visits.
There being no further questions or comments regarding this matter Paluzzi moves to
continue this item to May 23, 2006. Hayes seconds the motion. The motion carries (6-
0).
Recess for Public Hearings
Paluzzi moves to recess for public hearings. Hayes seconds the motion. The motion
carries (6-0).
Notice of Intent
Cont: 573 Hale Street – DEP File #5-906 – Replace Existing Stone Pier – Jonathan
Loring
Maxner informs the Commission that the applicant’s engineer has not had time to prepare
comments in response to CZM’s review and recommends that the hearing be continued to
the May 23, 2006 meeting.
Paluzzi moves to continue the public hearing to May 23, 2006. Hayes seconds the
motion. The motion carries (6-0).
Continued: - 37 Prince Street – Landscaping – Jim Garrels
Bill Manual addresses the Commission and explains that a site visit was held and he has
revised the plans according to the recommendations of the Commission. He explains the
revised plans and notes that he has included plant substitutions of red cedars and red
chokeberry to replace the American beach grass and noted the locations on the plan. He
notes that he is submitting two sets of revised plans to the Commission for the file.
Paluzzi states that the project seems straightforward and he found no issues on site that
would require a continuance.
Lang opens the hearing up for public comment at this time. There is no one present who
wishes to comment on the matter.
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There being no further questions or comments regarding the matter a motion was made
by Paluzzi to close the public hearing. Hayes seconds the motion. The motion carries
(6-0).
Continued: - 783 Hale Street – House Renovations, Garage Addition – John
Margolis
Bill Manual addresses the Commission and explains that a site walk was held and they
have no new information to present at this time.
Cademartori asks what is going to happen in the asphalt area. Manual states that it is best
if it removed noting that they will be better able to control the runoff and provide
increased infiltration with a more pervious surface. He further notes that they are willing
to remove it and work within the existing footprint.
Maxner asks if there are any erosion control measures planned. Manual stated no and
explains that the garage is far away from the resource area that he did not include it on
the plan.
Lang opens the hearing up for public comment at this time. There is no one present who
wishes to comment on the matter.
There being no further questions or comments regarding the matter a motion was made
by Paluzzi to close the public hearing. Hayes seconds the motion. The motion carries
(6-0).
Continued: 412 Hale Street – DEP File #5-909 – Landmark School – Construction of
Athletic Complex with Parking and Athletic Field
Maxner explains that the applicant has requested that the matter be continued to May 23,
2006 noting that they need time to respond to the comments from the peer review.
Paluzzi moves to continue the public hearing to May 23, 2006. Hayes seconds motion.
The motion carries (6-0).
Cont. - 44 Prince Street – Reconstruct Single Family Dwelling and Guest House –
David Carnevale
Maxner requests that the matter be tabled until Mr. Griffin arrives as he had another
meeting in another community but will be along shortly.
Paluzzi moves to table the matter until Mr. Griffin arrives. Johnson seconds the motion.
The motion carries (6-0).
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New: 175 West Street – Construct Addition to Existing Home and Relocate
Driveway – Thad Siemasko
Maxner reads the legal notice.
John Dick of Hancock Environmental addresses the Commission and explains the plans,
noting that the property is located is just east of West Beach. He notes that the new
owner of the property has redesigned the site. He reviews the resource areas present on
site, which include Riverfront Area, Coastal Bank, Isolated Wetland pockets and Buffer
Zone. He also notes that the top of the seawall is the top of the coastal bank and there
does exist Coastal Beach and Velocity Zone.
He states there is great improvement from a resource area standpoint, which involves
shrinking structures and appurtenances away from the resource areas on either side of the
property. He explains the pool will be removed from the coastal bank and pulled toward
the middle of the property. He explained the new location of the pool and the driveway
on the plans. He states there is a better configuration for the driveway will not be paved
and will be better for drainage and infiltration.
Dick explains that they do not have a DEP file number yet and requested that the matter
be continued to the next meeting.
Paluzzi suggests a site visit.
Lang asks what the proposed elevation will be after the pool is removed. Dick states that
the elevation will be the same no grading is proposed and that the area will be
landscaped.
Paluzzi asks what the condition of the seawall is. Dick states that the seawall is in good
condition and they are only proposing to cut in a set of stairs.
Maxner asks what is planned for the area between the two isolated wetlands. Dick
explains that it is going to be converted from driveway to a lawn.
Lang opens the hearing up for public comment at this time. There is no one present who
wishes to comment on the matter.
There being no further questions or comments regarding the matter a motion was made
by Paluzzi to continue the hearing to the May 23, 2006 meeting pending a site Saturday
th
May 20 time to be determined. Hayes seconds the motion. The motion carries
(6-0).
New: 7 Tall Tree Drive – Construct In Ground Pool – Robert Maihos
Maxner reads the legal notice.
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Maxner requests that the Commission table this matter until Mr. Griffin arrives.
Paluzzi moves to table the matter until Mr. Griffin arrives. Johnson seconds the motion.
The motion carries (6-0).
New: 28 Fosters Point – Reconstruction of Existing Pier – Doug and Marilyn
Jackson
Maxner reads the legal notice.
Maxner requests that the Commission table this matter until Mr. Griffin arrives.
Paluzzi moves to table the matter until Mr. Griffin arrives. Johnson seconds the motion.
The motion carries (6-0).
New: 25 Linden Avenue – Raze/Reconstruct Existing Single Family Home with
Deck, Utilities, and Landscaping – Leslie Salter and David Fry
Maxner reads the legal notice.
Maxner requests that the Commission table this matter until Mr. Griffin arrives.
Paluzzi moves to table the matter until Mr. Griffin arrives. Johnson seconds the motion.
The motion carries (6-0).
New: Brookwood Road – Pond Restoration – Brookwood School
Maxner reads legal notice.
Rick Chute, manager of buildings and grounds for the school, explains that they received
a permit for this project and an Order of Conditions abut four years ago, but it has expired
since the school was unable to fund the project. He states that they are now ready to
proceed with the work and have re-filed the Notice of Intent which has not changed since
approval.
Paluzzi asks how deep the pond is. Chute states that it is probably 2 feet deep along the
banks and 8 feet in the center of the pond.
Maxner notes that DEP provided comments and has indicated that a habitat analysis as
required under Appendix B be submitted. She also states that they need to have water
quality certification done as well and a permit under FERC. Lang expresses surprise and
the need for a permit from FERC.
Hayes states that he feels that this is a positive project and inquires if the area is in
Riverfront Area. Chute states that based on the previous filing it is not within Riverfront
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Area as the stream adjacent to the pond is intermittent. He goes on to explain the
dewatering sequence and shows the area they would be working in on the plans.
Lang notes that it looks like the pond flows to Chubbs Brook and asked if they would
testing the water quality of that as well. ?? stated that it is still being tested on a regular
basis since the oil spill that occurred there but they could do it if the Commission wants
them to.
Lang suggests a site visit.
Paluzzi states that it is straightforward and since the Commission approved this before he
feels that they could close this tonight, and states that they could condition the project to
require that the habitat analysis be submitted prior to construction.
Cademartori states that he would be hesitant to approve the project before the habitat
analysis comments are received since the results of that study may have direct bearing on
how the project is conditioned. Hayes agrees and states that he would like to take a look
at what habitat is there.
Lang opens the hearing up for public comment at this time. There is no one present who
wishes to comment on the matter.
There being no further questions or comments regarding the matter a motion was made
by Paluzzi to continue the hearing to the May 23, 2006 meeting pending the submittal of
a Habitat Analysis. Hayes seconds the motion. The motion carries (6-0).
New: 74 Hart Street – Construct 15,300 S.F. and 11,900 S.F. Buildings – Glen
Urquhart School
Maxner reads the legal notice.
George Tremblay a member of the Board of Trustees at the Glen Urquhart School
addresses the Commission and informs them that they are here this evening to present
their plans to add classroom space to their campus in two phases the first phase will be
the wing that is explained tonight and is within the Commission’s jurisdiction, the second
phase is on the north side of the carriage house which is out of resource area or buffer
zones. He introduces Dave Nyman, Dave Miller, and Dave Klinch to explain the project.
Dave Nyman, ENSR Environmental, addresses the Commission and explains that they
chose the location on the site for the new building to integrate it with the existing carriage
house. He notes that they plan for nature trails and explains the school’s participation in
the City’s Chubb Brook restoration project. He showed aerial photos of the site and
explained the plans, noting that Chubb Brook and the wetlands are shown on the plans.
Nyman also reviewed the proposed plans for parking, zoning setbacks, and vehicular
access. He notes that portions of the project are partially in the 25-Foot No Disturbance
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Zone. Nyman notes that the utilities will be challenging on the site as there is limited
space and the site has been redeveloped over a number of years. He explains that the new
building will have a bridge over the utilities and explains that they will have to re-route
the water, sewer and storm drains on the site. He states that the sewer and the storm
drains will be going through the building and the gas will run elsewhere on the site as
noted on the plans.
Nyman explains the storm drainage plans and notes that they will be adding impervious
surface to the site, but they have met all stormwater standards and have worked closely
with CDM’s model for that watershed.
Nyman also reviews the erosion control measures planned and the operations and
maintenance plan for the maintenance of the storm drainage system. He also notes that
there will be some filling on the site for the regarding of the proposed playing field and
provisions for compensatory flood storage space.
Nyman also notes that they are proposing a boardwalk from the proposed parking area to
the athletic field to be sure that the rain gardens are preserved.
Lang suggests the Commission hold a site visit.
Maxner suggests that the Commission have CDM review the drainage since the school is
utilizing conveyances designed by CDM. She informs the Commission that she has sent
the plans to CDM to start expediting the process, and needs the approval of the
Commission to initiate the review. Lang agrees that the peer review is in order. Nyman
states that he would be happy to cooperate with CDM on the review. Lang asks if the
wetalnd area is flagged. Nyman states that there are a couple of flags on the site, but the
flags can be reestablished based on the delineation by CDM.
Cademartori asks if the existing drainage will be upgraded to provide further water
quality treatment. Nyman states there are no plans at present to retrofit existing catch
basins, but the school would be willing to consider it if the Commission wishes.
Lang opens the hearing up for public comment at this time.
Rene Mary of 274 Hale Street addresses the Commission and asks if this would affect the
neighbors on Goodwin Road. Nyman explains that they looked at the peak flows and
flood elevations noting that they want them to be compatible. He notes that there will be
no change in the flood elevation or the peak flow.
There being no further questions or comments regarding this matter Paluzzi moves to
continue the public hearing to May 23, 2006 pending a site inspection scheduled for
th
Saturday, May 20 time to be determined. Johnson seconds the motion. The motion
carries (6-0)
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May 2, 2006 Meeting Minutes
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New: 7 Tall Tree Drive – Construct In Ground Pool – Robert Maihos
Maxner notes that Mr. Griffin is still not here and explains that she visited the site with
Mr. Griffin last week and provides photos of the site for members review. She states the
project involves the installation of an in ground pool and associated patio, however while
on site she observed a fairly large area of clear cutting within the Buffer Zone and
Riverfront Area which was not authorized by the Commission, and recommends that the
Commission conduct a site inspection.
Robert Maihos, applicant, states that he was completely unaware of any restrictions for
cutting trees and apologizes to the Commission. He states he would be happy to have the
members visit his property any time.
Lang opens the hearing up for public comment at this time. There is no one present who
wishes to comment on the matter.
There being no further questions or comments regarding this matter Paluzzi moved to
continue the public hearing to May 23, 2006 pending a site inspection scheduled for
th
Saturday, May 20 time to be determined. Johnson seconds the motion. The motion
carries (6-0).
New: 25 Linden Avenue – Raze/Reconstruct Existing Single Family Home with
Deck, Utilities, and Landscaping – Leslie Salter and David Fry
John Shaw addresses the Commission and explains that he plans to take the existing
house down piece by piece and leave the foundation in tact. He also explains that he will
prune some trees at the edge of the water and also prune some trees on the side of the
property and pull the dead vegetation out. He also notes that he will be installing sono
tubes for the proposed rear sun deck.
Maxner notes that she visited the site with Bob Griffin and the dwelling is within the first
100 feet of the Riverfront Area, she provides photos for members to review. The existing
deck will be removed and a portion of that footprint will be used for a new section of
house. The proposed deck will be bumped out at the rear of the house.
Paluzzi asks about the roof runoff. Shaw states that there will be downspouts and gutters.
Lang states that the plan looks straightforward.
Maxner notes that the Commission approved a project for a neighboring property a year
ago and states that she wants the Commission to be consistent with their decisions in the
river front area. She notes that she is concerned that the river front area regulations
require that you can’t go any closer to MHW.
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Bob Griffin arrives at the meeting at this time. He explained the plans and noted that
there is an exemption for the conversion of a lawn on the water front more than 50 feet
from the MHW.
Squibb asks how they determined the top of the coastal bank. Griffin explains the
process.
Maxner asks if there is any work proposed for the existing driveway. Griffin states that
they will be leaving it as it is.
Paluzzi asks how they will be removing the tree from the water. Griffin states that they
will winch it out and up the bank and explains the process.
Hayes suggest that the Commission hold a site visit.
Lang opens the hearing up for public comment at this time. There is no one present who
wishes to comment on the matter.
There being no further questions or comments regarding this matter Paluzzi moves to
continue the public hearing to May 23, 2006 pending a site inspection scheduled for
th
Saturday, May 20 time to be determined. Squibb seconds the motion. The motion
carries (6-0).
New: 28 Fosters Point – Reconstruction of Existing Pier – Doug and Marilyn
Jackson
Lang recuses himself from discussion of this matter and leaves the room.
Bob Griffin addresses the Commission and notes that this is a summer cottage-type
property and explained the plans for the reconstruction of the existing pier. He notes that
they will remove the existing pier and drive 6 new wood pilings and reframe the
structure. He states that it will be in the same location and elevation and will be a
wooden dock supported by wooden pilings. He states there will be 3 new additional piles
to help support the seasonal float at the terminus. He goes onto explain the resource
areas present on site.
Maxner states she conducted a site inspection with Mr. Griffin and provides photos for
members to review. She states the project is beneficial in that there are numerous
wooden posts supporting the pier now, and they are proposing to replace with only 6
posts which is less impact overall. She asks Griffin what the total impact will be for
Land Subject to Coastal Storm Flowage. Griffin states about 10 square feet.
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Paluzzi asks how high the pier is above the flats and what the boat ramp depicted on the
plan consists of. Griffin states that it is about 7 feet at low tide, and explains the boat
ramp is just a sandy area that the applicant utilizes for kayaks and such.
Hayes asks how they are going to drive the piles. Griffin explains that they will do it off
a barge and they will be vibrated in. He also notes that the barge will be brought in at
high tide and it will probably be a one-day job.
Paluzzi asks how they will remove the posts that are there now. Griffin states that they
will probably pull them out noting that they should come out easily.
Paluzzi opens the hearing up for public comment at this time. There is no one present
who wishes to comment on the matter.
There being no further questions or comments regarding this matter Hayes moves to
close the public hearing. Cademartori seconds the motion. The motion carries (5-0).
David Lang returned to the meeting at this time.
Cont. - 44 Prince Street – Reconstruct Single Family Dwelling and Guest House –
David Carnevale
Bob Griffin addresses the Commission and explains that there was a concern at the last
meeting regarding zoning issues on the site, and the applicant is working to gather that
information. He requests that the hearing be continued.
Cademartori notes that there was a concern at the site visit about the location of the
garage. Griffin explains that the building elevations are being prepared and if they move
the garage they will interfere with the neighbors view.
There being no further questions or comments regarding this matter Paluzzi moves to
continue the public hearing to May 23, 2006. Squibb seconds the motion. The motion
carries (6-0).
OLD/NEW BUSINESS
18-20 Longmeadow Road – Sebastian Barcelar – EO Action Update
Maxner notes that at the last meeting the Commission voted that the violations need to be
addressed and that significant progress needs to be shown by tonight’s meeting to avoid
fines. She explains that she met with Mr. Barcelar on Wednesday and he seemed very
clear on what needs to be done. She states she visited the site today and provides photos
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May 2, 2006 Meeting Minutes
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for members to review. She states that the concrete forms for the deck on # 20 have been
removed, but she saw no other significant progress on any other portion of the sites.
Lang agrees that there are a lot of issues on the site and notes that there are also some
language issues and suggested giving the owner a date certain to get the work done. He
also notes that some progress has been made, not enough, but maybe there could be room
for interpretation of what “significant” progress means.
Hayes agrees that the Commission should give Mr. Barcelar a date to complete the work
or face fines.
Maxner suggests that if the work is not completed by the date established then the
Commission should fine him $200.00 per day. Johnson suggests a $100.00 fine as a
lesser penalty especially considering he has indicated he cannot afford a consultant. Lang
agrees noting that the Commission has been less aggressive with other violations and he
wants to be a little cautious about that.
Maxner will send a letter to Mr.Barcelar informing him to complete the work by May 16,
2006 or fines will be imposed.
Orders of Conditions
37 Prince Street – Landscaping – Jim Garrels
Paluzzi moves to issue Standard Conditions with the following Special Conditions:
1. At a minimum, replanted native woody vegetation shall replace existing
vegetation to be removed at a 1:1 ratio.
Hayes seconds the motion. The motion carries (5-0-1) with Lang abstaining.
28 Fosters Point – Reconstruction of Existing Pier – Doug and Marilyn Jackson
Johnson moves to issue Standard Conditions with the following Special Conditions:
1. All cutting of decking and pile materials shall be done on the barge or on land and
all spoils shall be contained and removed from site.
Paluzzi seconds the motion. The motion carries (5-0-1) with Lang abstaining.
783 Hale Street – House Renovations, Garage Addition – John Margolis
Paluzzi moves to issue Standard Conditions and the following Special Conditions
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1. Any asphalt, and excess excavated material from underneath the asphalt patio
located at the rear of the dwelling below the proposed deck shall be disposed of
off site at an appropriate facility.
2. The yard debris pile located closest to the John & Deborah Gorsline property line
shall be removed from site and disposed of at an appropriate facility.
Hayes seconds the motion. The motion carries (5-0-1) with Lang abstaining.
Approval of Minutes
The minutes of the Beverly Conservation Commission meeting held on March 28, 2006
were presented for approval. Paluzzi moves to approve the minutes as amended. Squibb
seconds the motion. The motion carries (5-0-1) with Hayes abstaining.
Approval of Mileage
Maxner presents her mileage for January, February, March and April of 2006 for $91.10
which represents 456 miles @ 20¢ per mile. Johnson moves approve the expenditure.
Paluzzi seconds the motion. The motion carries (6-0).
Ratification of Enforcement Order for 7 Tall Tree Lane
Paluzzi moves to ratify the enforcement order issued for 7 Tall Tree Lane. Johnson
seconds the motion. The motion carries (6-0)
10 Fosters Point – Mr. Gallagher – Documentation for Certificate of Compliance
Maxner explains that Mr. Gallagher has inquired if a letter from the Army Corp. of
Engineers would be sufficient as proof of compliance with the Order and approved plan
for a Certificate of Compliance documentation.
Paluzzi states that his concern would be if the Commission had a problem with the
project for some reason that was not connected to the pier or dock. Hayes agrees, but a
letter from the Army Corp could facilitate approval for just the dock but if there was
mitigation required a full Certificate would be withheld if that was not done properly.
Lang notes that the Army Corp has to approved his pier with a full site inspection and he
would be comfortable with such a review for a Certificate.
Cademartori states that the Commission should change the bylaw if this is to be accepted
as sufficient documentation for a Certificate of Compliance. He also suggests that if it is
submitted and there is a problem the Commission could request the as built plans.
Members agree.
5 & 12 Parkview Avenue – Chapter 91 License Requests
Beverly Conservation Commission
May 2, 2006 Meeting Minutes
Page 16 of 16
Maxner explains the Commission has received a letter from the BSC Group, consultant to
the owners of 12 and 5 Parkview Avenue. They are apparently in the process of applying
for a retroactive Chapter 91 License and has requested a letter from the Commission
indicating that an Order of Conditions is not required since there is no construction being
proposed. She reads from the applications that accompanied the letters to the
Commission which explain the history of the properties.
Cademartori suggests that Maxner call Jill Provencal at DEP and inquire if this is proper
protocol for such a situation or if there is language in Chapter 91 for such. He would be
inclined to provide such a letter if Ms. Provencal is comfortable with this request.
Members agree.
Maxner states she will contact Provencal and report back to the Commission.
Correspondence
Maxner informs the Commission that she included two letters in the packet for the
Commission from the Ward II Civic Association regarding the Ventron site at the end of
Congress Street.
A second letter she wrote to the owner of 100 Hull Street, vacant land that has been
subject to dumping and stockpiling of other debris.
Site Visits
Amy Maxmer will schedule the site visits and inform the members of the Commission.
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 carried (6-0).
The meeting was adjourned at 10:45 p.m.